Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1886-12-22

dent IL the United States prior 10 the admission
q hsr repteses tatives in the halls of con9rets
~ short The creative power exists in tho safe
ADMISSION OF STATES.
The only light thrown. on the admission
~ new stats BY ihe federal constitution
st Iss.. maj b sdpi,.ed By congress into the
reject new states. applying for new statee into
!he union: But there must 30 q "new state ia
being before new state can apply for Admis-
can exsrciseits prerosative Of rejection.
RIoHr 10 sTATEHooD, M ORDINANCES,
fBBArr AND PRECEDENT.
whsther ~ rsiy upon tho fact that the terms
Of the ordinances Of 1777. became By the organic
act II the territory At Minnesota. Of which por-
he 6n nd Ps IT. n.o Senp e. ,s
tory: or tracing our title to statehood from
another and indepenlent source to-wit: TITO
ss uassa ss assy and III . ssS ss
epectaiiy stipulated thar upon the further de-
mands OF the inhabitants Of this domain it
s , g admitted into e. nnion as states upon
have been admitted: or rely ing upon language OF
the constitution before quoted. which is the only
declaration Of organic law in MD Of the question.
ana which ~ implication clearly recognizes tho
FORMATION Of new states or political orraniza-
ttnna 9TH certain rights Of states without con-
esnt q congress; or evokng the manner of adj
mtestnn of new states under the constitution
and which have acquired the force Of Law a. pr-c-
ede9ts, We are sustained on every hand in the
ie9ality 81 the demand Of Dakota for admission
into the union.
RHPEAL or THE REsrRAlSINa CLAUSE
The practical question Is how to enforce the
performed BY an executive. Legislative or Judi
ciai character except such as may be necessary,
preliminary and incident to admission to the
shsll have been regularly. admitted into the un-
inn." II h urged that this language occurring in
tie ordinances and schedule is in nosense a part
OF the constitution, but only incidental t. it's
enactment. and that. therefore 1t may be
omitted ~ the convention now in SET sion. being
70 part Of the instrument ratified By the vote Of
the people. While this view Is technically tera-
Die this section was promulgated a part of the
constitution and WIS so recognized ut the cleo
tion. and doubt ths proprity Of discardins II
act OF the Legislature rs provided for
for amending the organic act proper. and that
judicial action by the stats should be confined to
ssuch acts as may be d emsd necessary and pre-
l!minary 70 admission into the union. But upon
cision of this question, and II the members OF
that body feel justified in voicing the will Of
their constituents on this subject and shall re-
" &c ps"pe f .. :: d Ss
in your wisdom determine that tho time has
come for further action, shall make your policy
ny n own. and afford you whatever aid ! can. In
immesitaie sction thtn may be necessary to test
the validity Of the state AZ organized in the ex-
ecutiva and Judiciary departments. Of the gov
whatever may be the decision OF the
fxecutive, which 10 necessarily by partisan i'm
p0ise. have no doubt Of favorable decieion
rom the highest tribunal Of law, and Justice
nent, and IL not now arrived the
lime VII come when such decision win
Foca e noyi % he
B0yernment cannot always prevail against the
Hiil OF freemen. and he chiefest calamity posi-
ron maintain yonr courage and state intact. /
cler TO the possibility 1T the formation Of CON-
ltttution aPd the ASSERTION of statehood by the
not evadc jurisdiction OF the question as involy-
~ the Legality OF the state government az both
parties to the ieeue will be in the same position,
,oms first Vested and never having been allowed
q lapse, Will prevail against any subseuuent at
empt to ordain local government within her
ss ns sssed hsIe ast ssaa Be s
pine whether the constitution of tho fathers
hall bs maintained upon the ear h.. The public
iomain which we inhabit was held subject TO
mutations. the limitation imposed ~ treaty
Iade with foreign power before pnr-
'hase. tho ordinance compact Of 81
yer, our area east Of the Mis-
ouri. BY the organic act OF the territory
md last Of all b. the genius Of our institutions
made at once to fostor and secure TO men the
tsht Of local government through statehood,
md the right OF tho state to protection To CON-
NON union. This 10 the grand feature Of consti-
utionai government. distinguishing tetween it
md Importation. and is that which makes civil
Objection is urged that Dakota was carved ont
i an existing territory. which was thereby dis
nembersd without right. Besides being over
ala upon ansl s Is IN po s.nss
'ossessed .of political sovereignty, being ths
reature Of congress. and formed without the
rected state boundaries within the possessions
Il the United States involving no conflict with |
tatss before defined. formed y consii tuition re-
Of local government. the sovereign
reatfye power Of bringing the new state into
'einG has here exerted and spent: Action by the |
enersi government preceding admission is ex-
rcaeed In hduciary capacity toward trust |
q being. II has already become a new
t tate. which may BE- admitted to the
n 1ins;n % snssia the nss state comes
oundaries. population, material resources and |
evelopment, and Der citizens are unobiectiona- |
10 10 their moral practices, and has established
. devotion to Law and order and lite fidelity to
BE union, and 1t has acquired vested rishts |
,hich IL 10 not possible 10 any lawful power to
biitsrate, congress may refuse her representa- |
oliticai being. nor deny tho exercise OF her |
naming functions as state. Because she lie |
'sntonly wronged by thu, Legislative depart
:. ~ IuSoi! WY nv, eNvuiu - outIakeu py
ae e1ecuyve or ignored by the Judiciary. She |
entitled t9 tudx,aent on her cause as she
- ~ ana " prolcction 70 her rights e they
g tound 70 exist, his Dakots demands and |
o,nsn& more. her people wouid not assert
Hnt which they do not believe they posesss; nor
~ tney tsmeiy weld their r1ghts az the beck OF
snrpMtion and tyranny. IN asserting hcr power |
MAINTAIN more perfect government she tres
.esed On no righ. Their etafe. OF individual.
~ tIpe eone q nDerty are not jealous OF Others,
~ Only OF the honor OF their mistress.
Al
n.to.. - -. :, ~.
..;.s, ~ ss Ss s . W. =. tie un'Vn ahu as
y, - shn neI mRI: 10 en.eI mas Deen nkeneu ~
!: =; S"usn Sasulina ecna.?s uh.o stste IN the
r,u u, ;s az nei r,shl 70 seceoe. Inns
y ~. a.ssmp. " an apoiosist u tepeinon to
y my fespsctapie COMPANY. DAkoa would
49, sne uni1L DsG ~. sne lovgc lo-oouth
!. ,,r;. =. Il, ctaves M hanos OF ehser1ag
arolina courted tia disgrace Of leaving in or
% 10 OeetrOyt DakOtA would enter under the 1