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

upright and patriotic, many OF them
Scared and manned ia defense oil the
Union which they helped to preserve,
and for whose crown they bring a
new star which they now ask con
gress in the name of their n hun
bred Posts of the Grand Army OF the
Republic to fix in the dtsdem OF
liberty.
RIGHT OF ADMISSION BY POWER OF CREA'
TIoN.
The people of Dakota are a State
by the Supreme right of creation.
They have carved the new state out
of the wilds Of the prairie in q half
decade Of years, at 3 touch OF the
magical wand of progress. The
skeptics of the EAST, as of old, will not
believe until they come and see when
they excisim in wonder that the half
had not been told.
The state is the Creature OF the
people-Dot of congress. While
congress alone a endow with life
the people alone can create, else the
state were not the government lot
the people, for the people and by
the people" The "enabllng act'
which has preceded the formation
Of their constitutions by some of
the states is at most but all 10 vita
ton on the part of congress, &C
companied by money to pay the
expenses incident thereto, to create
a state. The states admission must
10 this case succeed the formation
of its constitution 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 u~nwarranted
power. Az a noted jurist n de-
hvering a decision in a similar case
expresses il, ''because there is no
power above to compel congress
to do its duty"
The only possible argument
against the ease We present
10 congress is that the
civil war has materially chang.
ell the construction of the
constitution aud mudiLiei IA. ,ld-
ditiOns 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 an ante
sellum construction of our unwrit-
ten constitution, Obliterated by the
blood of that awful sacrifice. Upon
careful examination, however, we
discover that Dur issue is not in.
volved in or related to the question
settled by the civil war.
The theory in support OF the
right of secession Was that the
rights OF IA state are original,
while those of the fed -ral govern
are derived, an! Therefore strictly
limited to the needs cf the state
for a larger protection. Ii would
follow from this constructio tlst
a state might narrow or enlarge the
power CT the federal government
as its necessity or interest might
require, or even nullify OF secede
trim the operation of it's laws. 10
10 this construction that was over,
thrown BY the war aud which has
given place To another never to be
ettaced from u book of ~constitu
ton or severed from the homage o.
our hearts. 1t is the broad and
comprehensive construction OF
Hamilton. as ~exporuded b. Web.
ster AID sealed by the crisis of war.
embracing TIE grant doctrine that
the right OF the state and the right
OF the federal government TO BE,
are both origiOnal rights emanat-
ins from the people OF the state
and the people of the nation re-.
sp~ectlVely, and therefore neither
can limit OF nulIify the powers of
the other as expressed by the u
pie from whom tlley originate. But
neither Hamilton nor Webster nor
the apologists fer the rebellion,
ever maintained the theory neces.
sary 10 support the objection Of
tprpl IN mr. nr1.adnpa