Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1885-12-24

upright and patriotic. many OF them
Scared and msiEsed ia jefen7e I
Union which they helped TO preserve,
and for whose crown they bring q
new star which they nov ask con
press in the name Of their a hun
dred Posts Of the Grand Army OF the
Republic to FIX in the dIsdsm OF
liberty.
RIGHT OF ADMISSION BY POvEE OF CREA-
TON.
The people Of Dakota are q State
By the Supreme night Of creation.
! They have carved the lew state ont
| of the vilds Of the praIrIe IN 3 half
decade Of years, at . tJueh OF D
magical wand OF prugress Inc
skeptics OF the east, a. Of oloTlIl no'
/ believe until they ONE ind see when
they excIsina in wonder hat the naif
had not been told.
The state is the creature OF the
people-not OF congress. While
congress alone a eBcos with life
the people alone can creaIe, else the
state were not the government "oi
the people, for the people and oy
the people" The enabling act
which has preceded the formation
Of their constitutions by some OF
the states il at most bat an INVITA-
ton ou the part Of congress, &C
companied by money 20 pay the
expenses incident thereto, 10 create
a state. The states admission must
in this case succeed the formation
Of its constitution aud it. inspection
by congress-, which must first pass
upon its legality aud admit the
state already created ana equipped.
Congress declined 10 extend che
courtesy of assisting in the fCrma-
ton o. our sta;e as she might, bat
she can now only deny admission
by arbitrary and GnxarranteI
power. As a noted iuFist IN De,
hyering a decision in a similar case
expresses il, because there J. no
power above to compel congress.
To do its daty.r
The ouly possible arguBen,
against the case We present
To congress is that the
civil Esr has materially chang,
ri the construction Of the
constitution aud uIusilIrri TIE ua.
dltions OF American Law a. tD the
relation sustained BY the states q
the federal government. IL is Erget
that every precedent upon which
We predicate our case IL al aute.
5ellum construction of our uuwrit
ten constitution, obliterated by the
blood of that awful sacrifice. Upon
careful examination, however. w
discover that our issue Is cot in.
volved in or related to the question
settled by the civil var.
The theory .ia support Ol rhs
right Of secrsslOn Vas that ID,
rights OF a state are original
while those of the fed .raI govern
are derived, an the;efOre strictly
limited TO the needs Of the stat,
for a larger protection. IL woak
follow from this eOnstrRctio tls.
a state might uarrow or enlarge I'd,
power CT the federal governmeu.
As Its he -essIty OF interest nigh
require, or even RulIIfy or seced,
Trim the operation OF It's LAS. 4
10 this construction that was over
thrown By the var aud which ba,
given place 10 another never TO b.
effaced from oar book Of constiru
ton or severed from the homage 0
our hearts II il the broad an,
comprehensive construction o
Hamilton. as expouuded b.. Web
ster a1d sealed b. the crisis ct war
embracing the grant doctrine ths.
the right OF the state and the RICH
Of the federal government TO Be
are both origionaI nights emana.
IN from the people OF the stat.
J, and the people of the uaIion ~
ssectiSely, and therefore neitheI
can limit or BuiIIfy the powers o
the other a. expressed by the poo
pie from shom rIIes Originate. Bur
Beitber Hamilton not Webster 10,
the sPo.ogfsts fyr the rebellion
ever maintained the Theory neces
sAry to support the objection cf
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