Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-12-16

4 validity of the state as organized in ths
executive and Judiciary departments O
the government. Whatever may be The
decision of the executive, which is neoes.
sarily biased by partisan impulse, / have
no doubt OF favorable decision from
the highest tribunal of law and luatlce
when its decision shall be obtained, sus-
tainlng the state in Its right to self
government, and if not now
arrived the time will come when such a
decision will be possible If you persevere
in the work so heroioally commenced.
Political tyranny in free government
cannot always prevail against the will of
freemen and the ohiefest calamity pos
sible to befail you will prove your de
liverance if you maintain yeur courage
and your state intact. refer to the
possibility of the formation of consti-
tuition and the assertion of statehood by
the whole OF Dakota. Then the supreme
court cannot evade jurisdiction of the
question rs involving the legality OF the
state government, as both parties to the
issue will be in the same position and
the right of the state of Dakota, having
become first vested to never having been
allowed to lapse, will prevail against any
subsequent attempt to obtain local
government within her borders. Here
in my Judgment should be made the
final stand, here the last die cast to
determine whatever the constitution OF
the fathers shall be maintained upon
the earth. The public domain which
we inhabit was held SUBJECT to limita-
tions. The Limitation imposed by treaty
made with foreign power before pur-
chase, the ordinance compact of 1877
extended over our area east of the Mis-
souri,, by tbs organic act OF Minnesota
territory, and last of oil BY the genius
OF our institutions made at once to
foster and secure to men the right OF
local government through statehood
and the right OF the state to protection
through common session. This is the
grand feature of constitutional govern
ment, distinguishing between it and
imperialism and is that which makes
civil liberty worth in exchange blood
and treasure. IN Il
Objection is urged that Dakota was
carved ont of an existing territory
which was thereby dismembered with
out right. Besides being overthrown by
numerous preoedenta this postulate
fails by Analysis, A territory
is il nn seHse !'iossssEsd Of poiiSiGai
sovereignty, being the creature of COZ.
gress and formed without the consent of
It's inhabitants. When people have
erected state boundaries within the pos-
sessions OF the United States involving no
cophlct with states before defined, FORM
cd constitution. republican in form and
erected Hereunder the machinery OF
local government, the sovereign creative
power OF bringing the new state into be-
ing has been exerted and spent. Action
by the general government preceding ad.
NILSSON is exercised in fiduciary capac-
ity toward a trust in being. 1t has
already become "new state" which may
be admitted to the union by congress-.
If the new state comes bringing rea.
sonabie prerequisites as to area, bounda.
ries, population. material resources and
development, and her citizens are un-
Objectionable in their moral practices,
and has established its devotion to law
and order and its fealty to the union,
and it has acquired vested rights which it
is not possible for any lawful
power to obIiterate. Congress may
refuse her representatives in her body,
but this does not destroy ker political
being nor deny the exercise OF her
remaining functions as state. Because
she is wantonly wronged by the legisla-
tive department is no reason why she
should be outraged by the executive or
ignored by the jud ieiary. She is entitled
to judgment on her cause as she makes
it and to protection in her rights as they
are found to exist. This Dakota de.
nands and nothing more. Her people
| would not assert right which they dc
not believe they possess, nor will th ey
tamely yield their rights at the beck OF
usurpation and tyranny. Ia assertin G
her power to maintain more perfect
government, she trespassed on nc
right OF any other state or individual
The true sons OF liberty are not jea lous
OF others, but only the honor Of
their mistress.
rs IT TREAsoNP
Dakota, q state out OF the union, ant
asserting her right to enter, has beer
likened by the South Carolina senate
unto a state in the union apd assert.
ing her right to secede. This ia a pitt
ful attempt Of an apologist of rebellion
to get into respectable company. Da-
kota would enter the union because she
loves it. South Carolina would have lef
the union because she hated it. Dakot
Graves the honor Of entering the unior
in order to help sustain it. South Caro-
lima conrted tho disgrace of leaving il
order to destroy it. Dakota would ente
, under the constitution and by directio
OF statute, along liberty's highwa.
under the folds of the banner of the uniol
! to the step OF the national anthem
7 South Carolina would have left pullin