Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-12-19

states to the federal government. 1t il
urged that every precedent upon which
we predicate our case is anti-belluu
construction of our unwritten constitu.
tion obliterated by the blood of thai
awful sacrifice. Upon careful examina
ton, however, we discover that our issue
is not involved in or related to the ques
ton settled by the civil war.
The theory in support of the right o
secession was that the rights of state
are original, whlie those of the federal
government are derived, and therefore
strictly limited to the needs of the state
for larger protection 1t would follow
from this construction that state might
narrow or enlarge the power of the fed.
eral government as it's necessity or in
terest might require, or even nullify or
seceed from the operation of its laws. II
is this construction that wos overthrowu
by the war and which has gwen place to
another never to be effaced from
our book of constitution or sew.
cred from the homage of our hearts.
1t ls the broad and comprehensive con
structlon of Hamilton as expounded by
Webster and sealed by the crisis of war,
embracing the grand doctrine that the
right of the state and the right of the
federal government to be, are both orr
gInal rights emanating from the people
OF the state and the people of the nation
respectively, and therefore neither can
limit or nullify the powers of the others
as expressed by the people from whom
they originate. But neither Hamilton
nor Webster nor the apologists for the
rebellion ever maintained the theory
necessary to support the objection offer.
ed to our procedure and our dema d is
of absolute right to statehood, viz: That
only the rights of the national union are
original, and that state governments are
but charters of privilege of derived au.
thorlty, to be enlarged. narrowed or SUP.
pressed as national interest or party
greed may dictate.
The boundaries of the state have been
fixed according to the long and
practically unanimous wish, not only CT
our own citizens but also of the cit.
zens of north Dakota. This common
desire has been manifested to congress
during the last five years in every Iaan.
| ner possible TO this people. 1t has been
repeatedly and unanimously conveyed
by the territorial committees OF both the
6iChp puitiSSt anu ulnO ny
memorials of the territorial assemblies
1t has been urged by the territorial dele
gates in congress as we'll as by delega
tlons OF her prominent citizens, repeat
| edly sent from all sections and repre-.
tenting every possible phase of local
political and popular sentiment, and
| never has any representative body pre-.
tending to possess authority thereto,
from the people, declared against it,
In 1888 the people of the state of Da-
kota III their primary capacity as SOY.
oreign citizens of the United States
proceeded to form for themselves con.
stitution. After session of sixteen
days duration of nearly one hundred
delegates, duly chosen from all the
counties by ballot, a constitution wat
promulgated and afterwards ratified by
the people. The charter of the state.
hood being still withheld by congress
in 1885 the territorial Legislature unani
mOusly provided for the formation of q
second constitution, and also for state
government hereunder The conven.
tlon consisting of ninety-two members
regularly elected by ballot, remained in
session eighteen days and framed con
stitntlon which commended itself to the
people, as expressed by their ballots
25,225 being cast for its adoption and
6,525 against it. This remarkable vote
representing nearly ope.half the suf-
fragists Of the state, cast at an election
held at the busiest season oil
the year, without any gen.
eral canvass or agitation of the
subject, and upon an issue which it was
conceded would unquestionably prevail
should furnish proof positive abroad oil
the fact so well known at home. of the
practical unanimity of the sentiment OF
the people in support of the measure
This constitution is republican in form
and will commend itself to the nation as
pre-eminently fitted to mature and con.
serve the interests and DEVELOPMENT OF
the state. At the regular election which
ratified the constitution, officers were
also elected to fill the several state, dis
trict and county offices as provided by
the schedule and ordinance, as were also
two representatives to which the state
ls entitled in the lower house of the ma.
tional congress, the state and congres.
sional ticket elected receiving an aver
age of $4,000 votes out OF the $4,000
cast.
The question as to whether the manu-
facture and sale of Intoxicating liquors
as beverage should be prohibited in
the state was submitted as a distinct
issue at the election, and 1850 votes
were cast for the proposition, while
1881 votes were cast against 1t, SO that
Article XXXIY thus becomes incorpor
ated in the constitution according TO the
provision of section of the ordinance
and schedule.
The issue of minority representation
in the legislature was also separately
| submitted, and II, 1878 votes were cast in
its favor, while 1876 votes were cas-,
against it. Article XIV accordingly
fails to be incorporated in the constitu
ton.
The following was the vote cast upor
the temporary location of the seat O.
government, to-wit:
Huron received 12695 votes; Pierre
12,649 votes; Chamberlain, 1892 votes
Sioux Falls, 1888 votes; Alexandria
| l,374 votes; scattering 662 votes.
The city of Huron thus receiving /,
| plurality Of votes, becomes the tempor
ary seat of government of the state a
provided by section 10 of the ordinanc
ana schedule.
You will thus observe that your con
ventlon at this time and place as tn,
first legislature of the state of Dakota il
regular in procedure, and that in m,
opinion you constitute the sole iaw-mak
ing power within the limits of ths state
subject only to the Legislators of tn
constitution of the United States, tn
senators of congress and the constitu
tion of the state of Dakota.
Section 80 of the schedule and ordin
ance of the state constitution provide a
follows: