Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-07-10
In Behalf of the Inherent
Right of the People
ola Territory to
Form a State.
Americas Most Distinguished States
men, Democrats and Repub-
licans, are en- the Record
Of the Past.
Extracts from Congressional De-
bates During the PEN
dency of the Proposi-
ton to Admit
Kansas.
Concluded J
CHARLES SUMMER.


CHARLES SUMMER.
Oae hundred and thirty different
legislative acts were passed, providing
for elections, imposing taxes, erecting
corporations, and establishing courts OF
Justice, including Il supreme court and
| u court of chancery.
All process was Issued in the name of
! the state OF Michigan.
And yet no attempt was made to
question the validity of these proceed
ings, whether legislative or judicial.
Least of all did any menIal governor,
dressed ina little brief authority, play
| the fantastic tricks which we now wit.
ness in Kansas; nor did any person
| wearing the robes of justice, shock high
heaven with the mockery of injustice
now elacted by emissAries of the gresi-
dent in that territory.
No, sir; nothing ot this kind then
occurred. Andrew jackson was pfesl-
dent.
| LEWIS CASs.
The people of Michigan were exceed
| lngly warm and tenacious about their
| rIgntB; for they were IL the right.
| What was the proposition OF congress
Congress agreed to admit her into the
| uniCn, provided convention of the peo-
pie - that is all the provision) not
called Ill this way, or that way or the
other, but convention of the people
should signify their assent to this change
of the boundary line, so as to give to
Ohio the whole country south of the
north cape OF the Maumee Bay.
/ MR.. q, A. GROW,
| They (kansas) proceeded, peaceably,
as they had right to do, uLder the con.
stitutlon of their country to form state
! government, and ask of congress to
admit them into the union as state.
Their memorial is before you, and is
to be answered by your action on this
bill. =
All the proceedings preliminary to the
formation of this constitution have beer
as regular and orderly as the disturbed
condition OF the territory would ellow
and instead of beng confined to any
class or party, it was of a general
character, and extended an invitation to
all citizens to participate.
The first public meeting for that
purpose was held at Lawrence, Septem
Der 15, 1856; at which time the following
resolution was passed.
i Res0tred. That we, the people o
karsas territory, in mass meeting as
sembled, irrespective OF party distlnc
tions, influenced by common necessity
and greatly desirous OF promoting thu
common good, do hereby cali upon anc
request all sona tide sitizens of Kansa.
territory, of whatever political views ol
predictions, to consult together il
their respective election districts, anG
in mass convention, or otherwise, eleci
three delegates for each representative
tnk Il o1n J,.-N-
in the house Of representatives. OF tn,
Legislative assembly, by proclamation
of Governor Reeder, of date 10Th o.
March. 1855; said delegates'to assemble
In convention at the town of Topeka
on the 18th Gay Of September, 1855 ther
and there to consider and determine up
OF all subjects of public interest, anc
particularly upon that having referenc,
to the speedy formation of stste con
stitution, with an intention of an i'm
mediate application to be admitted as
state into the union of the United State
i OF America.
La accordance with this recomenda
ton, delegates were elected i'll th
i different election districts, who met q
Topeka, on the 18th day of Septembe
i A. d., 1855, to take into consideration
the expediency OF calling a convention
to form state constitution.
The address issued by this convention
was to the legal voters of Kansas.
: After this address, which fixed th
time and place of the election, provide,
for the appointment of judges and th
qualification OF voters, elections wer
i held in every district In the territory
and delegates elected to meet in Tope
: ka the 23d of October, 1865, to form
state constitution.
They met at that time ard place
formed constitution and submitted i
to vote of the people for ratification o.
the 18th of December following.
The 18th of January, 1856, governor
legislature, and state officers were cleo
t ed; and the Legislature met on the At
, OF March, 1856, and receiving the govern
. or's message, appointing COMMITTEES
: and electing Unitsd States senators
/ adjourned to the 4th of July.
s All these proceedings were necessar
: before their application to congress fe
8 admission, for the. powers given to col
8 gress by the constitution is to adm
Z states not territories.
Z The new state must, therefore, hav
:. all the "agents Indispensable to its actio
9 as o state before its application; an
!. such was the decision OF the attorne
/, general, transmitted by General Jackso
4 to the governor of Arkansas Septembe
3 Il. 1885.
: Referring to the third section of th
s fourth article of the constitution, b
W says:
81 This provision implies that the ne
r state shall have been constituted by Il
If settlement.of constitution or frame
,e government, and by the appointment
Q those official agents which are indispe
n sihle TO its action as a member of II
o union, prior to its admission into Il
r. union"
sr In accordance with this implicatio
lie every state received into Il
D. union since the adoptl,
tx of the federal constitution has he
er actually organized prior to such admin
le sion.
III Instead Of the proceedings OF the fr
Of state movement in Kansas being .gyai !
i'll law, it ie clearly in accordance with Ii
il, 10 and constitutional right.
The free-state men in this rnoveme