Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-06-14

power to provide for the SURVEYS and
sale OF the public lands and ali othe,
property belonging to the United States
not only IN the territories, but also in
the several states of the union. But fo,
THIS provision congress would have no
power to authorize the sale of the public
iands, military sites, old ships, cannon
| muskets or other property, real or
| personal, which belong to the United
States and are no longer needed for
pupHc purposes. 1t refers
exclusively to property in contra
distinction to persons and communities.
1t confers the same power "to make all
needful rules and regulations" in the
states as in the territories, and extends
wherever there may be any land or other
property belonging to the United States
to be regulated or disposed of, but does
not authorize congress to control or in.
terfere with the domestic institutions
and internal polity of the people (either
IN the states or the territories) who NAV
reside upon the lands which the United
States once owned. Such power, had
1t been vested in congress, would ami
hilate the sovereignty and freedom of
the states as well as the great principle
OF self government In the territories.
wherever the United States happen to
own portion of the public lands with.
in their respective limits, aa at present
In the states of Alabama, Florida, Mis-
sissippi, Louisiana, Arkansas, Missouri.
Illinois, Indiana, Ohio. Michigan, Wis
consIn, Iowa, Minnesota, California. and
Oregon, and in the territories of Wash.
ington. Nebraska, Kansas, Utah and
New Mexico. The idea is repugnant to
the spirit and genius of our complex
system of government because it eff.
fectually blots out the dividing line be-
tween federal and local authority, which
forms An essential barrier for the defense
of the independence of the states and
the liberties of the people against fed
efal invasion. With one anomalous ex-
ceptiop, oil the powers conferred on
congress are federal, and not municipal
in their character, affecting the general
welfare of the whole country without
interfering with the internal polity of
the people, and can be carried into effect
by laws which apply alike to states and
territories. The exception being in de-
rogatlon OF one of the fundamental prin-
ciples OF our political system because
it authorizes the federal government to
control the municipal affairs and in
ternal polity of the people in certain
specified limited localities), was not left
to vague inference or loose construction,
nor expressed in dubious or eou1yocai
Language, but is found plainly written
in that section OF the constitution which
says:
Congress shall have power to exer
oise exclusive legislation in all cases
whatsoever, over such district (not ex-
oeeding 10 miles squhre) as may by ces.
sion OF particular states and acceptance
of congress, become the seat of govern
ment of the United States, and to exer-
ciee like authority over all places pur.
chased by the consent of the legislature
of the state in which the same shall be,
for the erection OF forts, magazines, arse
nals, dock yards and other needful
buildings"
No such power "to exercise exclusive
legislation in all cases whatsoever - nor
indeed any legislation in any case what
soeyer, ID conferred on congress in re-
spect to the municipal and internal
polity either of the states or of the terri
tories. On the contrary, after the con-
stitution had been finally adopted, with
its federal powers delegated, enumer-
ated and defined, in order to guard in ali
future time against aay possible in
fringement OF the reserved rights of the
states of the people, an amendment wes
incorporated into the constitution which
makes the dividing line between federal
and local authority SO directly and in
delibly that no lapse of time, no partisan
prejudice, no sectional aggrandlzement
no frenzied fanaticism can efface it. The
amendment ls in these words:
"Ihe powers not delegated to the
United States by the constitution, nor
prohibited by it to the states respect.
lively, or to the people"
This view of the subject is confirmed,
if indeed any corroborative evidence is
required, BY reference to the proceedings
and debates or the federal convention,
as reported BY MIR. Madison.
1t is sufficient to say that the position
then taken by MIR. Douglas was sus-
tanned by his party 10 congress and in
the presidential campaign OF 1856. 1t is
true the right vouchsafed to the people
OF Kansas, under the leadership Of Doug
las, was a right, among other things,
permitting them to decide by popular
fote WnBtItf ilaBSaS, WHICH WAS tuen
organized by the division ofthe territory
of Nebraska, should become free or q
slave state. But if congress could per-
nit the 10000 people of Kansas to decide
whether that territory should be
doomed to human bondage forever, it
might with far greater propriety allow q
half million ofpeople in Dakota to have
voice in the division of that terriloy, or
any other question of internal polity.
The undersigned agrees with the ma
iority that the people OF Dakota at some
time in the future would
participate in the election
of president and vice president, and the
undersigned cannot see any reason why
they should not A less number of
people in New Hampshire, Vermont,
Rhode Island, Florida, Oregon, Colorado,
Nevada and Delaware have already par
ticipated in the election of president
and vice-presldent,: land the undersigned
can see no reason why larger and
equally as intelligent q population
should not at some time in the future
have the same privilege in Dakota. The
people of Dakota now expend three
millions of money annually for school
purposes. They have more miles of rail-