Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-12-29

ing rebellion" in your state, it was my
pleasant fortune TO be able to show
some kindness and courtesias to certain
"rebels" of your state, who were then, as
prisoners of war, temporarily under my
charge as their escort to St. Louis, for
which some good people of your state,
although ''rebels' also, publicly thank
ed me. and rendered me reception,
which | was obliged to decline, how
ever, owing the unpleasant nearness of
your present governor, then General
Marmaduke.
Now that the Missouri "rebel" has
become the union officer, and the union
soldier, the Dakota "rebel,' and in his
power, it may be too much perhaps to
expect return of courtesies but we
think it is not exorbitant on our part,
to look. at least, for ordinary fair deal
ing from United States senator
Not man IN Dakota is an advocate of
revolution By force, nor of armed resist
ance to the general government. The
| people of Dakota are fully as law abid-
ing peaceful, and loyal to the union, as
the people of Missouri even, or of any
state. They are thoroughly opposed to
to any scheme or plan, even in support
of their legal rights, that would involve
forcible resistance to the national gov
ernment.
They know, however. and have been
, taught by high democratic authority,
by democratic presidents and congresses,
and supreme courts. and even demo-.
cratic senators, that they have some
legal rights as citizens of the United
States. That one of those rights, is the
= right ITO form their own state govern
ment and be admitted into the union
3 whenevers their numbers, condition and
4 resources render them capable of self
! government
That it is not q matter OF grace at
: your hands, but u matter of right, which
: they can demand not supplIcate, from
L L public servants, not arbitrary rulers.
. They have been taught by. the decis-
Q ion of the United States supreme court,
in the case of Dred Scott VS.. Sandford,
. as announced by that great democratic
J, Judge, Chief Justice Taney, that the con-
o gressof the United States have no lawful
power to perpetuate o territorial govern
% ment indefinitely, and that the people
u of the territory have constitutional
. right to form state government and be
y admitted into the union, when they have
% complied with certain conditions. They
have learned from Chief Justice Taney,
u that for congress to attempt to con-
10 tinue territorial government over peo-
u pie, after these conditions are fulfilled
n would be itself revolutionary.
4 They also know, that the opinion OF
IN Justice Mclean, from which you quote
III in the speech referred to, as if it were
o. tie opinion of the court, was not the
opinion of the court, but dissenting
40 opinion of ona judge, not concurred in
IL by the court.
They have also been taught by thu
10 decisions of seven congressmen, in the
IL, cases of the states of Michigan, Arkan
ct sas, Iowa, Florida, Minnesota, Oregon
10 and California, that their actien in
ne forming state governments. and electinl
TO state officers, and United States sena
on ators, has not hitherto been deemet
OF revolutionary by the American congress
:. The last great debate upon this ques
VI VI, tion was, as you perhaps know, on th'
ne case of Michigan.
as congress, who used the word
I'd, Revolutionary" and rebellion,
$50 as you have used them an dap
w piled them to the people of Dakota, q
OF applicable to the conduct OF the peopl
OF Michigan.
40 But such was not the opinion of th
ole majority of that congress. Congress de
lor cided by vote of 153 to AS in the house
IN and of "a to 1S in the sen
ny ate, that the conduct of til
nd people of Michigan was in every va
,ge commendable, SO much 30, at least tina
Tor they by solemn act ratified and COZ
s firmed' all the acts of the Mlchiga
nui state government
on. They also know that there is no col
the stitutlonal provision, nor act OF congres
nd- which prescribes any certain mode b
ing which O state can be admitted into I'll
by union, or territory form itself into
state and that the mode which the
ore have taken has been pronounced by col
's gress to be equally as legal as that |
the an enabling act precedent. Some CO..
sell gressmen have held the former to
req the most fitting method. See speech
say Mr.. Morris, of Ohio, on the Arkans
h'I case
At recollect but one instance in Amer
sme can history, where congress adoPtt
cen your ideas in the treatment OF the pc
the pie of territory, as subjects and We
sails, without any rights that congre
nat was bound to respect. Then, as now
me Missouri senator led the van in t
red abuse of the territory. There was
Dos brutal frankness in his methods. 1t W
lber the day of bloodhounds for the slaN
re- border ruffians for the people of the t.
had ritorv and bludgeons for their frien
to in the senate. The party then in pow
was, as it is now, the democratic par
thy 1t adopted the brutal line of poll
per- marked out by your predecessor, to
Jake Kansas by the throat, and forced up
her an unrighteous law. Kansas resist
lent and appealed to the people of the cot
any try. The result was, that yo
yes. party was retired from pow
was and has but just returned for
lou first time in twenty-four YearR. l lei
the you to draw the moral.
was The people of Dakota have also be
ated taught by the precedent which congr'
gov. set in the case of Iowa, that in the
ecei: resort, it is for the people OF the u
on, state and not for congress to determ
OF their boundaries. In the case OF Io1
s. as you perhaps know, congress und
Re is. took to prescribe for the people OF 10
ary boundaries which did not suit thu
The people of Iowa, as they had ril
and to do, rejected the constitution fran
1lted with such boundaries, and lmmediat
4 the afterward without any enabling
4 the framed another constitution, with
sons boundaries that they desired, and 81
one as they have at present; and under Il
ng to constitution they elected state oftic
'rved and those state officers did certain {
SIDE, before admission by congress, and C
and gresss ratified and confirmed all that
:. all people of Iowa SO did.
'lnce, I believe that what Iowa, Mich
nor and Oregon did, with TIE subsequ
heme o,5 o,nroyol of oonpraaa