The Bad Lands cow boy. [volume] (Little Missouri, Dakota [i.e. N.D.]) 1884-1886, 1886-12-23

government. Then follows Q citation Of the ad-
mission OF Tennessee, and Washin9ton's recon-
mendation for its admission. The practical
SO Of the ordinance and schedule provides that
no, act shall DO performed of an executive,
Legislative or judicial character except
n sasR a as % 1nS,aea e. to D g samissioa preliin nsa
the Union until such time as the State of Dakota
ehall hav, been admitted Into the Untod It Is
in the ordinance and schedule, and is in no
sense 4 part Of the constitution, but only incl
1T MAY BE III
by the convention now in session. While this
view is technically correct. this section was
promulgated as q part q the oonstitution. end
On tP . fo rnaan nmen dn0nls no. t be ai efiese, su S1sss
to the popular ballot by act Of the legislature,
as provided for amending the organic act
RIaGesst we sn ana ane 5ad sHda tim sot lon e1Ss s shs
state should DO confined to such as are
necessary, preliminary and incident to
sS seaissie devo ives a Tie decision sas eo of sSis Question: aon,
and II the members of that body should feel
justified in yoicing the will Of their constitu-
s ssnl.tlHs IS el y, IS a nc. NJ as as the r. v d1Isos ., repre-
determine that the time has come
four Sss fq pefiey a @1 WI shall ana a @sss
you Whatever aid I can. In that event I should
recommend that no further immediate action be
taken than may be necessary to test the validity
Of the state as oreanized in the executive and
Judiciary departments of the government. Whst-
ever may be the decision Of the executive, which
Is Il = necessarily biased BY partisan impnIsasI have
che highest tribunal of law and just
tice when its decision shall be. obtained
sustaining the state in II right to self-goyern-
ment, and If not now arrived. the time will come
when such decision will be possible II you per-
severe in the work SO heroically commenced.
Political tryanny in . free government cannot
the chiegest calamity possible to befall you
Will prove your deliverance II You maintain
your courage and your state intact. I refer to
the possibility Of the formation Of q const1tu-
and the assertion OF statehood, by the whole of
Dakota when the supreme court cannot evade
Jurisdiction of the question involving The legal
1ty Of the state ~government,a as both parties to
the issue Will be in>the Same position, and the
RIGHTtoF THE STATE OF o
having become first vested and never having
been allowed to lapse, will prevail against any
subsequent attempt to orda1n q local form Of
goyernments within her borders. Here, In our
Judgment. should be made the final stand, here
the last die cast to- determine whether the con-
Estitutton Of the fathers shall be maintained upon
The earth. The public domain which we
tnhabit was held subject to limitation
The limitations imposed by the treaty made
With a foreign power before purchase. the ordf-
nance compact Of 1797 extended over our area
east OF the Missouri. by the organic act of
geniua of our institutions, made it one to foster
and secure to men the right Of local government
through statehood, and the rights OF
the State to protection through o COM
mon union. This is the grand feature
of constitutional government. distinguishing
between II and imperialism. and is that which
makes civil liberty worth an exchange for blood
and treasure. Objection Is urged by our enemies
that Dakota was carved out OF an existing terri
tory, and was thereby dismembered without
right. Besides being overthrown BY numerous
presidents, this ,postnlate falls by analy-
sis. The territory is in a sense
possessed of political sovereignty,
being the creation Of congress and formed with.
out The consent of Its Inhabitants. When q
people have erec.e cd state boundaries witdliu the
possessions Of the United States, involving no
conflict with states before defined, formed q
constitution republican in form, and erected
hereunder the machinery of local government,
the SOVEREIGN creative power OF bringing
the new state into being has boon
exerted and spent. Action by the general
government preceding admission is exercised in
q fduclary capacity, toward q trust in esse. It
has already become a new state which may be
admitted into the Union. II the new state
comes bringing reasonable prerequisites as to
area, boundaries, population, material resources
and development, and her citizens are unobjec-
ttona BILE In their moral practices, and has estab-5T
!tshed It's devotion to law and order and its
fealty to the Union, 1t has acquired vested rights
which 1t Is not possible for any lawful power to
Ob1itarota IEkfL.e EaH. tEE E-F=.T[ 49,.