The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1886-07-10
DAKOTA.
PROVINCE OR STATE2
By JOHN A. OWEN.

In response to an invitation by q
committee of citizens to attend the
organization of state league for Yank-
ton county, June 81, 1856, John A.
Owen, of De Smet, president Of the
Dakota State League, spoke at Turner
Hall in the city of Yankton as follows;
The education of the American peo-
pie in constitutional law is derived in
the main from the commentaries used
in our institutions OF learning and the
arguments of great statesmen and law
yers fifty years ago in congress and in
courts concerning the powers OF the
general government. There is but lit
tie original thought upon this subject
now. The interest Of the people has
beer 50 centered and absorbed in the
creation Of the great republic that
thought has been directed almost ex-
clusively To the powers conferred by
the federal constitution and too little
to the more important matter of the
reserved rights Of the states and of the
people.
PARLIAMENT oMNIPOTENT.
1t is a maxim i'm law that parliament
is omnipotent; that the original law
making power-the power which repre-
sents the people and executes their will
in legislation, has the power Of right
to enact any law within the scope of
! legislation, and all must submit to the
will Of the majority thus expressed.
In the United States this omnipotence
OF the legislature -- for it is the state
! legislature which is the successor Of
| parliament upon American soil-this
omnipotence Of the legislature is linn
tied by state and United States con-
stituton. Congress rightfully exer-
cses only such power as is delegated to
| it by the constitution Of the United
States while state legislatureAexer-
cises all power except as it has been
hedged in by the limitations Of the
State or federal constitution. Congress
can do nothing except as the power is
given by the constitution of the Union.
The State Legislature can do every
| thing. except as the State or federal
constitution forbids it. The State Le-
gislature is the stream of living water
! flowing in obedience TO natural law
with native original power. Its powers
are not enlarged or created by any con-
stitution. The State constitution is
merely the aqueduct limiting the cur
rent Of the peoples legislative life,
compelling them to express their will in
legislation through legislature limited
in many directions for the safety of the
minority. The State constitution is a
grant of power to the executive and
the judiciary, say the supreme court
of Illinois, but not to the Legislature.
With Congress it is entirely different.
! 1t has no native power. The constitu-
ton is the source Of all it's power.
Everything which Congress can do is
specified in writing. That body must
continually look into the constitution
to find the power which 1t desires to
exercise. The State Legislature never
looks into any constitution to find any
power. The Legislature looks into the
constitution TO see il it contains veto;
| Congress looks into the constitution to
see if it contains permit. Congress is
not only limited by constitutional pro-
visions thrown into the amendments to
the constitution by our fathers as a
double precaution against usurpation,
but, 1--WE repeat) it has no power except
that which is expressly or by necessary
implication delegated to it by the
federal constitution.
The United States government has
no power to acquire territory except as
provided in Section s, of Article l, and
that is the power to accept from the
States a cession of district for the
seat of government, and to purchase Of
the states by consent of their Legisla-
lures places ''for the erection of forts,
magazines, arsenals, dOckyards and
other needful buildings" Whence the
power then to make the Louisiana pur-
chase, in which Dakota is? LII is in the
provision i'm Section 8, of Article 4, for
admitting new States, and not else
| where, say the Supreme Court Of the
| United States. I'm the construction
of this power by all the departments of
the government it has been to author
ize the acquisition of territory not tit
for admission at the time but TO be ad-
mitted as soon as its population and
situation entitie it to admission. 1t is
acquired to become State, and not to
be held as a colony and government by
/ Congress Swith absolute authority y
\ The citizens Of the
United States who migrate to Terri
tory belonging to the people of the
United States, cannot be ruled as mere
colonists, dependent upon the will OF
the general government, and to be
governed by any laws it1may think
proper to impose. "A
power. therefore, in the general govern
ment 10 obtain and hold colonies and
dependent territories over which they
might legislate without restriction
would be inconsistent with its owr
existence in its present form" '
The territory being part Of the United
States, the government and its citizens
both enter it under authority of tht
constitution, with their respective
rights defined and marked out; and thu
federal government can exercise cl
power over his person or property be
yond what that instrument confers
NOR LAWFULLY DENY ANY RIGHT
which it has reserved" ne Howart
i+6.)
We all understand these things, bu
how is it that, after all, we have be
come accustomed to hear 1t said that ]
| - nonu,arS which hreathea tho hreQtl