Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-07-09

quired.
1T Is In truth, but mere regulation
not founded on principle.
NO specified number of por ulation is
required by any recognized principle as
necessary IN the establishment of u free
government.
lG is IN noWlSe 1nconsistSnt with the
principles oil the federal constitution
that population of state ehould be
less than the ratio OF congressional rep.
resentation.
The very case is provided for in the
constitution.
It'll s.eh deficient population, she
would be entitled to one representative,
LII any event should cause decrease
OF the population OF one of the states
even to a number below the minimnm
ratio OF representation prescribed by the
constitution, she would still remain n
member of the confederacy, and be
entitled to such representation.
Ii is respectfully urged, that rule or
| principle which would not jnstliy the
expulsion of state with deficient
population on the ground of Inoonsis-
tepcy with the constitution, should not
exclude or prohibit admlssIon.'
Lit is not asserted that previous
enabling act OF congress is Indispensable: /:
for there are notorious precedents tho
other way, among which are Kentucky IN
1871; Tennessee in 1906; Maine in 1890;
and Arkansas and Michigan in 1885.
Bat there is a memorable instance
which contains in itself every element Of
irregularity which you denounce in the
proceedings of Kansas.
Michigan, now cherished with such
pride as a sister state, nch,eyed adm,s-
zion luio the union in persistent def
ance OF all rule.
do you ask for preceGents
Here ID precedent for the largest
latituds, which yon, who profess q
deterence TO precedent. cannot disGwn.
Nark now the stages of this case,
The hrst Proceedings of Michigan
Wefe without i.ry prevlons enabling act
OF fconaress; ana She presented herself
at yot door with constitution TINS
formed, aud with senators chosen Under
that COZ satutiai- precisely as Kansas
J"2y 4 bis was IL ID oeEber 1856 Wills
rev Jack.oh Was president.
5y the leaders of that democracy at
that time, all objection for alleged de-
fects of form was secuted. and lang uaae
was employed which is strictly ap.
pliCuul6 bO AhuSaS.
There - nothing new under the sun;
and the very objection of the presid ept,
that the application Of Kansas proceeds
i.om persons acting against an.
thor'ties dn'y constituted by act
OF congress- was hurled against
fhe application of Michigan, in debate
on this floor, by Mr., Hendricks, Of Indl-
ana.
This was his language. "But the peo-
pie OF Michigan, IN presenting their
senate and house OF representatives as
the legislative power existing there.
showed that they had trampled nnap
and violated the laws of the United
States establishing n territorial govern
ment in Michigan.
s. These laws were, or ought to be. in
full force there; but, by the Character
and position assumed, they had set np a
government antagonistic to that of the
United States" Gong. deb, 24th cong.
let sess., vol. l., p 2SS.
10 this impeachment MIR. Benton le-
piled III these effective words:
Conventions were original acts Of the
people.
They depended upon Inherent apd
inalienabie rights.
lAe people of any state may at any
time meet IN conventions, without law
OF their legislature, and without any
provision, or ngainst any provision in
thelr constitution, and may alter or
abolish the whole form of government
as they please.
ne eoVereign power to govern them
selves was in tho majority, and they
could not be divested of it.''-Ibid ~
1896. =
Mr.. Buchanan We'd With Mr.. Benton
IN vindicating the new, state:
The precedent in the case of TenIes-
see bas completely sllenced all oppe al
tlon III regard to the necessity of o
previous act Of congress to enable the
people of Michigan to form constltu-
tion'
1t now seems to be conceded that our
subsequent appreciation is equivalent to
our previous action.
This can no longer be doubted.
We have the uDqnestionable power of
waving any irregularities in the mode
OF trufnlng the constitution, had auy such
existed.
He did hope that by this bill ali
objections would be removed; and that
this state, so ready to rush into our
arms, would not be repulsed. because OF
the absence OF some farmaiities which
perhaps were very proper, but certainly
not Indispensable.
Alter an animated contest in the SEN
ate, the bill for the admission of Michl-
gan, on her assent 10 certain conditions.
was passed by % yeas to nays.
But you find weight, as well as num-
bers, on the side of the new state.
Among the yeas were Thomas Fl.
Benton, of Missouri, James Buchanan,
Of Pennsylvania, Siias Wright, of New
York, w. r. King. of ALABAMA. (cong.
Globe vol. 8, page 276, lst cess, Path
cong
subsequently, on motion ot Mr.. Bu-
chanap, the two gentlemen sent as SEN
ators by the new state received the reg
ular compensation for attendance
throughout the very session in which
their seats had been SO acrimoniously
assailed- Ibid. p. 4dS.
Bit the question was emphatIcaly
answered in the senate by the final vote
on the passage of the bill, where we find
twenty five yeas to only ten nays.
In the house Of representatives, sfter
d ebate, the question was answered in
the came way by vote of one hundred
and iorty-eight yeas TO fifty-eieht nays:
and among the yeas is again The name
OF Franklin Pierce, representative
from New Hampshire.
Bat the precedent of Michigan
has another feature which is
entitled to the graveat attention, especi.
ally at this moment, when citIzens
engaged in the effort to establish a state
government in Kansas are openly
arrested on the charge of treason, and
We are startled by tidings of the maddest
efforts to press this procedure of prepos.