Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-12-26

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movemen 10y the people and tho comparative
density of her population, and shows "a greater
vote cast on the constitution. and when il is ~
~membered that IL per cent. of her area il ON
braced in reservations, "A denser population than
any state In the list when admitted.
COMPARISONS
States. Vote on Population Ratio Of
consti- when adj area to pop
tuition. mltted. uiation.
WIS.,. 1878. ..... 22,oal 5000 one in s
Kan. .loGI......l5,a ll2,UD one in 7
NeD .lNbi...... I.nl lN,hD onein II
While | have not at hand statistics touching
her manufacturing. banking and other CONNER
cial development, nor OF her benevolent societies
and institutions, they are all that could be an
t%icipated rs the result OF. the foregoing facts.
Her people are peaceable. moral, temperate.
earnest. upright and patriotic, many of them
Scared and manned in defense Of the union
which they helped TO preserve, and for whose
crown they bring "a new star which they now ask
congress, in the name of their 100 posts Of the
Grand Army OF the Republic, to Tx in the dia-
dem Of liberty.
RIGHT or ADMISSION BY POWER OF CREATION
The people Of Dakota are a state 10y the su
preme right OF creation. They have carved the
new state out Of the wilds of the prairie in "A half
decade of years, at a touch Of the magical wand
of progress. The skepics of the east, AS OF old,
will not believe until they come and see when
they exrlaim in wonder that the half had not
been told.
The state il the creature of the people, not of
congress. While congress alone can endow with
life the people alone can create, else the state
were not the government ''of the people, for the
peopl eand by the people" The enabling act"
which has preceded the formation of their con-
stitutions by some Of the states is at most but an
invitation on the part OF congress, accompanied
by money To pay tho expenses incident thereto,
To create q state. The states admission must in
this case succeed TIE formation of its c~onstitu-
ton and its inspection by congress, which must
first pass upon its legality and admit the state
already created and equipped. Congress declined
TO extend the courtesy of assisting in the forma-
ton OF our state as she might, but she can now
only deny admission by arbitrary and unwar-
ranted over. As n noted jurist, in delivering a
decision IN a similar case expresses il. because
there IS no power above To compel it TO do its
duty
THE ONLY POSSIBLE ARGUMENT AGAINST
THE CASE
we present to congress * that the civil war ma
terlally 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. 1t Is urged that every
precedent upon which we predicate our case is
ahte-bellnm construction of our unwritten con-
s~t.tution obliterated by the blood of that awful
~S''"rlhce. Upon careful examination, however,
Wa discover tina cur issue is not involved in or
related 10 the question settled by the civil war.
The theory in support Of the right of secession
was that the rights of a state are original, while
those or the federal government are derived, and
therefore strictly limited To the needs of the
state for Il larger protection. Ii would follow
from this construction that a state might narrow
or enlarge the power OF the federal government
as Its necessity or interest might require. or even
nullify or seceed from the operation of its laws.
II ~ this CONSTRUCTION that was oyerthrown by
the war and which has given place TO another
never to be etiRced from our book of ~constitu-
non or severed ION the homage OF our hearts.
1t is. the broad and comprehensive con-
s~truction Of Hamilton as e8pouna4l by Web
ster 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
Doth original rights emanating from the people
of the state and the people Of the nation re-
spectiyely, and therefore neither can limit or
nulhfy the powers of the others "a expressed by
thepeople from whom they originate. But neither
Hamilton nor Webster nor the apologists 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 BOTH SECTIONS.
The boundaries Of the state have been fixed a-
cording To the long-avowed and practically
unan nous wish, not only of our own citizens
but also OF the citizens OF north Dakota. This
common desire has been manifested 90 congress
during the last hye years III every manner posi-
bic to this, people. 1t has been repeatedly and
unanimously conveyed by the territorial commit
tees OF both The great political parties, and also
by unanimous memorials Of the territorial IS
delegates in congress as well AZ by delegations
OF her prominent citizens. repeatedly sent from
all sections and representing every possible
phase OF local. political and popula ar sentiment.
and never has any representative body pretend
ing to possess authority (thereto) from the peo-
pie, declared against 1t.
HISTORY OF THE STATEHOOD MOVEMENT.
In 1883 the people of the state of Dakota, in
their primary capacity as sovereign citizens Of
the United States, proceeded to form for them
selves a constitution. After n session of sixteen
days duration of nearly 100 delegates. duly
chosen from all the counties by ballot, a consti-
tuition was promulgated and Afterwards ratified
by the people; The charter OF statehood being
still withheld by congress. in 1885 the territorial
legislature unanimously provided for the forlna-
ton OF a second constitution, and also for a state
government Hereunder. This convention. con-
sisting OF ninety-two members regularly elected
10y ballot, remained in session eighteen days and
framed a constitution which commended itself
to the people. as expressed by their ballots. D.
225 being cast for it's adoption and 8 .525 against
II. This remarkable vote, representing nearly
one-half the suffragists OF the state, cast at an
election held ut the busiest season OF the year.
without any general canvass or agitation OF the
subject, and upon an issue which it was conceded
would unquestiOnably prevail, should furnish
ut 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 IA prominently
fitted to mature and conserve the interests and
development OF the state. At the regular cleo
ton which ratified the constitution officers were
also elected to fill the several state, district and
county offices IA provided by the schedule and
ordinance, as We're also two representatives to
Wflch the state is entitled IN the lower house or
the national congress. the state and congress
sional ticket elected receiving an average OF 29,0U
votes out of the 81, 200 cast.
SEPARATE ARTICLES SUBMITTED PRoHIBI-
TON CARRIED.
The question as to whether the manufacture
and sale of intoxicating liquors "a a beverage
should be prohibited in the state was Submitted
as q distinct issue at the election, and 1870 votes
were cast for the proposition. while 1897 votes
were cast against il, SO that Article XIV thus
becomes IncDrDOTNteI IN the constitution uccnrD-
ing to the provisions Of section 9 Of the ordi-
nance and schedule.
MINORITY REPRESENTATION DEFEATED.
The issue of minority representation in the
Legislature was also separately submitted. and
II, 273 votes were cast in it's favor, while L., 7t5
votes were cast against it. Article X accord
AS TEMPORARY CAPITAL.
The following was the vote cast upon the tenn
porary location OF the seat OF government, to-
wit:
Huron received 1855 votes; Pierre. i2.8l9
votes; Chamberlain. 1922 votes; Sioux Falls,
1883 votes; Alexandria, 1874 votes; Scattering,
6G2 votes.
The city Of Huron thus receiving n plurality OF
votes, becomes the temporary seat of govern
ment of the state as provided by section 10 of
the ordinance and schedule.
PROVINCE or THE LEGISLATURE.
You will thus observe that your convention Mt
this time and place rs the first legislature of the
state OF Dakota is regular in procedure, and that
in my opinion you constitute the sole law-mak-
ing power within the limits of the state, subject
only to the Legislators Of the constitution Of the