Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1885-12-23

| which they helped to preserve, and for whose
soDsIes sse Il e ,ssa As = nss x ' tssi Eh iS. sssss ns q sss
si lem 8, 1 l!SsEt :. the Republic to ~ N the 'i'-
RIGHT OF ADMISSION BY POWER or CREATION.
The people. Of Dakota are a state by the 81
preme right OF creation: TheS, hare carved, the
decade Of years, az Q touch 81 the magical wand
Of progress. The skeptics Of the east, as OF old,
will not believe until they come and see when
they exelaim in wonder that the half had not
! been told.
The state is the creature Of the people, not Of
| congress. While congress alone can endow with
were not the government 20; the people, for the
| people and by the people, The "enabling act
| which ifas preceded the formation of their con-
| situations by some OF the states Is at most but an
by money to pay the expenses Incident thereto,
% create a state. The states admission mnst in
ton and it's inspection by congress, which must
first pass upon its Legality and admit the state
already created and equipped. Congtess declined
ton Of our state as she might, but She can now
only deny admission by arbitrary and unwar-
ranted over. Az a noted iurist, in delivering a
| decision in q similar case Expresses 10. because
there is no power above to compel it to do its
duty
THE oNLY POSSIBLE ARGUMENT AGAINST
the CASE
We present to congress is TINT the civil war ma
terialls changed the construction of the consti-
tuition and modified the traditions Of American
law as to the relation sustained by the states to
the federal government. Ii is urged that every
ante-bellum construction of our unwritttn con-
stitution obliternted BY the blood Of that awful
sacrifice. Upon careful examination, however,
related to the question settled by the civil war.
The theory in support Of tho right Of secession
was that the rights, of a state are original, while
therefore strictly limited to the needs Of the
state for a larger protection. 1t would follow
from this construction that a state might narrow
or enlarge the power OF tho federal government
as its necessity or interest might require. or even
nullify or eecced from the Operation OF tts laws;
II Is this construction that was overthrown by
never to be esacedd from our book Of c%onstitn.
ton or severed from the homage Of our hearts.
II is the broad and comprehensive CON
ster and sealed by tho crisis of war, embracing
the grand doctrine that tho right Of the state and
the right OF the federal government to be, are
OF the state and the people OF the nation re-
spectiyely, and therefore neither can limit or
n,ullify the powers OF the others as expressed by
the people from whom they originate. But neither
Hamilton nor Webster nor the applogists for the
rebellion ever maintained the theory necessary to
support the objection offered to our procedure
hood. viz: That only the rights of the national
union are original, and that state governments
are but charters OF privilege of derived Author-
ity, to be enlarged, narrowed or suppressed as
national interest or party greed may dictate.
BOUNDARIES OF THE STATE AS DESIRED BY
PEOPLE OF BoTn SECTIONS.
The boundaries of the state have been fixed ac-
cording to the long-avowcd and practically
unanimous wish, not only Of our own citizens
but also OF the citizens Of north Dakota. This
com mon desire has been manifested to congress
during the last five years In every manner posi-
bio TO this, people. 1t has been repeatedly and
u N ~ stus m ,rA H.. ~ :. .--.--.4
tees of both the great political parties, and also
by unanimous memorials of the territorial n s.
semblies. II has been urged by the territorial
delegates in congress as well Us by delegations
of her prominent citizens, repeatedly cent from
all sections and representing every possible
phase OF LOCAL, political and popular, sentiment,
ingto possess authority (thereto) from the peo-
pie, declared against it,
HISTORY OF II STATEHOOD MOVEMENT.
In 1888 the people of the state of Dakota, in
their primary capacity as sovereign citizens of
saiye Sn = eons siaasf, proes,dsd to form f for them,
days duration Of nearly 100 delegates, duly
chosen from all the counties by ballot, a cansti-
by the people; The charter of statehood being
still withheld by congress. in 1885, the territorial
legislature unanimously provided for the forma-
ton OF a second constitution and also for a state
sisting of nincty-two members regularly elected
by ballot. remained in session eighteen days and
IraHleu q CONSTITUTION which commended itself
To- the people. as expressed by their ballots, 25.-
~ being cast for it's adoption and 8. 525 against
It. ms remarkable vote: representing nearly
one-half the suffragists of the state, east at an
election held at the busiest season of the year,
without any general canvass or agitation OF the
subject, and upon an issue which it was conceded
proof positive abroad of the fact so well known
at home, Of the practical unanimity of the senti-
ment OF the people in the support of the measure.
This constitution Is republican in form and will
commend itself to the nation as pre-eminently
fitted to mature and conserve tho interests and
development Of the state. At tho regular cleo
also elected to fill the several state. district and
county Offices as provided by the schedule and
ordinance, as were also two representatives To
which the state is entitled in the lower house of
the national congress, the state aEd congress
sional ticket elected receiving an average of x, 900
votes out OF the $1,000 cast.
SEPARATE ARTICLES SUBMITTED PRoHIBI-
TON CARRIED.
The question as to whether tho manufacture
and sale of Intoxicating liquors us a beverage
should be prohibited in the state was submitted
as a distinct issue at the election, and II, 1870 votes
were cast for the proposition. while 1897 votes
were cast against it, SO that Article XIV thus
becomes Incorporated in the constitution accord
ing to the, provisions OF section 8 Of the ordi-
nance and schedule.
REPRESENTATION DEFEATED.
The Issue of minority representation in the
legislature was also separately submitted. and
II, 273 votes were cast in its favor, while Is, 7B5
votes were cast against it. Article XIV accord
ingly fails to be incorporated in the constitution.
HURON AS %EMpoRA CAPITAL.
The following was the vote cast upon the tenn
porary location Of the seat of government, to-
wit:
Huron received 1885 votes; Pierre, 12.G,9
votes; Chamberlain, 1922 votes; Sioux Falls,
1883 votes; Alexandria, 1,37t votes; Scattering,
612 votes.
The city of Huron thus receiving a plurality of
votes becomes cor s. the Temporary seat OF govern;
the ordinance and schedule.
PROVINCE OF THE LEGISLATURE,
You will thus observe that your convention at
this time and place Us the first legislature of the
state OF Dakota is regular in procedure, ard TINT
in my opinion you constitute the sole lgw-mal-
ing power within the hmits of the state, subject
only to- the legislators of the constitution of the
United States. the senators of congress and the
constitution Of the state OF Dakota.
Section s2 of the schedule and ordinance of the
stata constitution provides as follows:
Nothing in this constitution or schedule con-
tanned shall be construed to authorize the legis-
lature to exercise any powers except such as are
necessary to its organization to elect United
States senators. to provide and pass means and
measures. necessary, and incident to
admission TO the union and to assemble and re-
assemble and adjourn from time to time; neither
to authorize any officer of the executive or adj
ministrative departments to exercise sny powers
OF his office except such as may be preliminary
and incident to admission to the union; nor to
authorize any officer of the Judiciary department
$50 "a NV VI IIS NlllA ultIl
the state Of Dakota shall have been regularly nd
mitted into the union, except such rs may be ul-
thorized BY the congress of the United States.
PROCEEDS SLOWLY BUT
While this section confines your active func-
tons prior to the admission of the state into the
union to such means and. measures as may be
niece ssary preliminary and incident thereto, it
leaves you the sole judges as to what means and
measures may become necessary from time to
time TO secure such admission. 1t, however, in
dicates to my mind that it is the desire-that it
is the intention Of the lawmakers that you be
required TO first exhaust all means and measures
before r~esorting to such as would place the au-
thorities of the state in conflict with those Of the
government OF the United States and the terri
tory of Dakota.
In view of the fact that the constitution pro-
vides for the continuance OF the territorial gov
eminent, the laws enacted hereunder. and con-
tinues the territorial officers in the discharge Of
their dnties until admission into the union. !
therefore recommend that after fully completing
the organization of both houses, memorializing
congress on such internal questions MS may In
your judgment seem pertinent to the interests of
the state. %enacting such Legislation MS may facili-
tate the labors Of succes ding sessions which you
are authorized to hold, and after ~clecting
two representatives Of the state to the United
States senate, You do then adjourn your session
subject to such future assembling "a you may by