The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1886-01-29
EDGERTON AND CLEVELAND.
The Dakota Delegation Given q Most
Kindly and Courteous Hearing
by the President.
Judge Edgerton Presents Dakota's Claim
for Statehood, and the Presi-
lent Makes II Promise.

vision of their constitution md the Har-
rison bill. The delegation was composed of
Senators Harrison, Edgerton and Moody,
Representative Kanouse, Gov. Mellette, Del
egate Clifford and John Fl. Drake. Mr.. Cleve-
land gave them over an hour Of his time, and
the whole subject, in every possible phase of
its bearing. was talked over, and he left a
very favorable impression upon the minds OF
his guests. Senator Edgerton was the princi-
pal spokesman for his people, ant his argu-
ments are worthy of the most careful pc
rusal Of the citizens of the Whole country,
giving, as they do, the most comprehensive
and clear statement OF the cause he and his
colleagues represent Senator Edgerton
said:
We are grateful, Mr.. President. for an oppor-
tun1ty, in the first place, of assuring You that
our people are not revolutionists: that every
thing done by us, has been done in the most
orderly manner and in accordance with estab-
listed prccedents, and In the next place, for an
opportunity to lay before you the reasons which
have induced our people to take the steps they
have. The territorial LEGISLATURE, in 1885,
passed a law, approved by the governor. provid-
ing for a constitutional convention for that por-
ton OF tbs territory south of the Forty-siXth
parallel. This convention met at Sioux Falls
and prepared a constitution, which was ratified
by the people by u majority of over Is, 900 votes.
While that convention was in session preparing
the constitution, several questions arose and
were discussed showing the temper OF that body.
When the bill of rights was under discussion
the following amendment was proposed, taken
from some Older declaration of rights, and still
retained IN some of the state constitutions:
All political power ia inherent in the people
and all free government is founded on their au-
thority and is instituted for their equal protec-
zion and benefit, an they have the right at all
times to alter, reform or abolish their
form of government in such manner as
they may think proper After a full
discussion the convention voted down
the amendment and adopted the following
snbstltute: All political power is inherent in
the people, aud all free government Is founded
on their authority, and it is instituted for their
eQnal protection and benefit. and they have the
right. in lawful and constitutional methods, to
alter or reform their form of government in such
manner as they may think proper. and the State
of Dakota is an insepacable part OF the American
Union, and the constitution OF the United States
is the supreme law of the land" And again.
after the constitution and the schedule had been
reported. to avoid the possibility of miscon-
struction and the more clearly to define the nur-
poses of the convention, the f%ollowlng section
was added: Sec, 81. Nothing In this constitu-
tion or schedule shall be construed to authorize
the legislature TO use any of its powers except as
to organization. to elect United States senators,
to provide and pass means and measures neces-
sary, preliminary and incident to admission, and
to assemble and reasonable, and to adjourn
from time to time: neither to authorize any
officer of the executive or administrative depart
ments to exercise any power of his Office except
such as may be preliminary and incident to the
Union. nor to authorize any officer of the judi
ciary department to exercise any of the duties Of
his office until the State Of Dakota shall have
been organized and regularly admitted into the
Union, except such as may be authorized by the
congress of the United States" 1t will take, MI.
President, u very astute lawyer to detect
ANYTHING REVOLUTIONARY
In the proceedings of that convention. But it
has been said that there was no authority for
calling the constitutional conventions; in other
words, that the law enacted by the legislature is
without authority and consequently void. I will
not examine the question as to whether the or
ganic act passed by congress investing the leeis-
kQfnfa with the rnNyhr tn slate Ipnn q a
rtghtful subjects of legislation not prohibited
by that act, gave the territorial legislature the
vention or not. That is not necessary for our
present purpose. When statutes are silent,
presidents make the law. While the constitu-
ton OF the United States provides that
congress- shall have the power to adj
nit new states. it nowhere provides
in direct terms or by implication what
new state to the attention of congress, or how
or by whom the first steps shall be Initiated.
The presidents have varied. In many cases con-
gress has initiated the proceeding by providing
for a constitutional convention. In ether cases,
and not a few, the convention has assembled by
the authority OF the people of the territory.
Washington and many of the founders OF the
government recognized the right of Tennessee
to pursue the course she did. Ii addition TO the
somewhat noted precedent of Tennessee, Michi-
gan had no enabling act, but president Jackson
her constitution TO CONGRESS with a
special message on the subject. as Washington
had done before in the case of Tonnes
see. California had no enabling act,
Or even the AUTHORITY Of a loca!
the constitution under which Florida was ad
mitted into the Union was convened by virtue
of an act of her territorial legislature in the
same manner we did. We would likewise re-
spectfully call attention to the admission OF
Iowa, Oregon, Nevada. Arkansas and Wisconsin
We confidently claim that our course was JUST.
fled by abundant precedents. Some have claimed
that Dakota was pursuing an unusual and reyo.
lutionary course in electing her officers. ]
think the parties who make this charge have moi
fully read history in connection with the admis.
sion of other states. In nearly every case,
SO far as I am Informed, the state
prior to its admission, has elected it.
/ am most familiar, when the constitution was
1857, a full state and legislative ticket was
elected; The legislature assembled in Decem'
Der, 1857, and elected two senators. Three
members OF congress had been elected at the fal
election, and the senators and three congress.
men thus elected came at once to Washington
and remained here until the following day, wher
the state was admitted and the two senators anc
two members of congress were sworn In.
think the precedents upon this question arr
nearly all one way.
THE QUESTION OF DIVISION.
It has been said by some few that the people
sixth parallel. I invite your attention to tn,
evidence upon the question. The legislature II
1871 passed . memorial to congress by a uuani'
nous vote to divide the territory on the forty
sixth parallel. Two years later a similar memo
rial was passed, with but four dissenting votes II
both houses. Again in 1874 another memoria
passed, with but one dissenting vote in boil
houses. Again. in January, 1877. another likt
memorial passed both houses unanimously
Again. at the next session, in 1879. u pro
test against the admission of the %tcrritor,
as one state was passed. At the mex
session a memorial WAS passed nskin;
for a division into three territories. In 1883
bill for a constitutional convention for Soutl
Dakota was passed, but failed to become a law
for want OF the governors approval At the last
session of the legislature it passed the law pro
yiding for the constitutional convention, anc
the same legislature passed a memorial to con
gress asking for q division on the forty-sixtl
parallel. The legislature is composed of twenty
four members OF the council and forty Eight
members of the house. Upon this vote ther.
were twenty-three ayes in the council and nj
1t VIII be seen that at every session
Of the legislature for the past fifteer
years tho representatives Of the people
have been pronounced and nearly unanimous
upon this question of division. What better
mode has any one for determining the will OF
choice of tho people? The party convention o
whole territory. declared in favor of the iivis
ion in 1884. and in this connection ] desire tt
READ the resolution of the Press association o
Sonth Dakota at Huron:
Resolved, That we are IN full sympathy will
the proposition that under no circumstances
shall we endorse any move looking to aiythin,
less than the division of Dakota on the forty
sixth parallel, and the admission OF the soutl
half into all privileges and immunity enjoyed
by all the states Of the national Union.
Resolved. That the members of this conven
tiGl devote their time, energy and ability to TIN
promotion of the success of the movement 70
the statehood of Dakota, and earnestly urg,
upon the state to enter heartily, earnestly ant
persistently into the work, to the end that 1t
great influence may be brought to bear in tn
movement as at present constituted
Another evidence of the desire of our peopl
upon this question ia the fact that for q numbe
of years. whenever . public institution has beer
provided for In South Dakota, a like institution
has been provided for by law in North Dakota
The law has located one university at VermillioD
in South Dakota, and one at Grand Forks, IL
North Dakota: an insane ASYLUM at Yankton, il
South Dakota, and one at Jamestown, Nortl
Dakota; one penitentiary at Sioux Falls. Soutl
Dakota and one at Bismarck, North Dakota