Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-01-24
hurled from power. for twentv,fonr
years.
That party has but just regained

xS"NAy ASA
That party has but just regained
power.
Do you think it will desire to 20 out
OF power again upon such another strug.
gle?
Let Dakota stand on her rights, and
assert them, and act upon them,
Let her go to congress no longer as
supplicant or petitioner, but as body
OF American citizens to their servants.
and demand her rights.
Let her say to the party in power in
congress, in the words of the United
safes supreme court, in the case of Dred
Scott vs.. Standford:
you have no power to hold this
people as territory permanently, but
you are bound to admit us as soon as
our population and situation entitlo us
to admission"
If you refuse us admission we will 90
to the people of the United States on
that question. and will turn you out of
power.
That is the language for free people,
who are American citizens, and have
rights guaranteed by treaty and com.
pact, which are irreversible without our
consent.
This right to frame state constitu.
ton and state government for ourselves
has been affirmed by the congress of the
United States, by the supreme court of
Michigan, by the supreme court of the
United States, by the most eminent
statesmen, and lawyers of. America.
Among those are George Washington,
Andrew Jackson, John Quincy Adams,
Zachary Taylor, James Buchanan,
Thomas Morris. Thoe. L. Harmar,
The state of Michigan put the doct.
rine of the right Of the people of a ter.
rltory to form state government with
out permission of congress, whenever
they had the population and territory
SUFFICIENT to support state government.
and the people willed it, into practica
operation to Its fullest extent.
They convoked o constitutional con.
vention. adopted constitution, elected
state officers and inaugurated state
government without any enabling act
OF congress. Their legislature enacte d
laws, their courts exercised Jurisdiction,
their people paid state taxes. And the
supreme court OF Michigan adiudged all
these acts to be legal and valid. And
the supreme court of the United States
confirmed this decision by declaring the
subject to be beyond their powers.
See Scott We. the Detroit Young Mems
Society. l. Douglas Rept. (Mich.) 119.
Scott vs.. Jones, 5. Howard, 37s.
| Congress decided in favor ofMicl.
1gan's action and endorsed the doctrine
of its courts by vote of 153 ayes to as
nays, in the house, and "a ayes to 1S
nays, in the senate.
Afterwards, Iowa, Florida, California,
and Wisconsin were admitted upon the
same doctrine, under constitutions
formed without an enabling act, with
out struggle.
Michigan doctrine five times since its
first decision.
The ordinance of 1857 was extended
over Dakota by four successive acts Of
congress, that OF June 28th, 1884, oI
Abrll 20, 1886, of May 81, 1883, and Of
March 3, 1S49.
The supreme court of Michigan de.
cided that that ordinance was compact
with the people of the territory who set.
tied 1t under the pledges of the ordi
nance, and that this compact was 1r.
reversible without the consent of the
people of the territory.
Inc supreme court of the United
States in the case of Cooper VS.. Roberts
lS. Howard, $40.
Also decided that that compact was
lrreverslble without the consent of the
people of the territory.
The ordinance itself reads as follows:
"The following articles shall be con.
sldered as articles of compact between
the original states and the people anG
states in said territory, and forever re-
main unalterable, unless by common
consent"
The act of congress of April 20, 1886 il
as follows:
"Ihe inhabitants of the said territory
i wisconsin, including Wisconsin, Min
nesota and Dakota) shall be entitled tc
and enjoy, all aud singular, the rights
privileges and advantages guaranteed
and secured to the people of the terri
tory of the United States northwest O
the river Ohio, by the articles of com
pact, contained in the ordinance for th,
government of said territory, passed OF
the 18th day of July, 1887. 'And til,
said inhabitants shall also be entitled tt
| all the rights, privileges and immunitie
heretofore granted and secured to the
territory of Michigan, and to its inhabi
tants."
Il Now one of these rights was "ths
whenever one of the states, (meaninc
any state to be formed out of that terri
tory), shall have 10000 free inhabitant
therein. such state shall be admitted b,
its delegates into the congress of tht
United States on an equal footing will
the original states in all respects forever
and shall be at liberty to form perma
nent constitution and state government
See ordinance 1857, l. Stat. at large
page 50.
II Therefore we claim that that part O,
Dakota. south of the 46th parallel, Will
over 350,O00 inhabitants, and over so ,OOC
square miles of area, has the same right
as Michigan had, to frame its permanent
contltution and state government.
We therefore respectfully memor
ialize your honorable body, to pass at
this session an act convening consti.
tutional convention, and convoking it
to meet as soon as possible hereafter, TO,
the purpose of framing constitution
and state government for the people
of Dakota, south of the 49th parallel.
i We ask for this action on the part of
the legislature:
LIST. Because is is the legal right Of
the people of Dakota.
II End. 1t ls the most practical mean:
OF securing the opening of the Siouy
Reservation.
| Sd. 1t will give the people the sovsr
e,gn control over their railroads, AM
power which they do not possess To Ger
rect the evils under Which they .,or
4th. It will stimulat,. All u-atr.,4s q,
trade and business, End enhance III,
values of property.
II 9Th r. wil1 riva ,b. ,x,,,,t, Al.