St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-16

alone admit AMI constitute you a state in the
Union, you may still be a legally consti-
tuted political authority without the Union
and as such entitled to the protection of the
federal laws. In fact, the creative power
abides in the state, and not in congress.
The only light thrown upon the manner
of admission of new states contained in the
federal legislation is section three, article
four of that instrument. which provides that
new states may be admitted by congress into
the Union. This clearly gives to congress a
discretionary power to reject new states ap-
plying for admission into the Union. But
there must be a new state in esse before
new state can apply for
ADMISSION INTO THE UNION
and before congress can exercise its preroga-
tive to reject or admit. Whether we rely
upon the fact that the terms of the ordinance
of 1857 became by the organic act of Mime
sofa territory, of which a portion of Dakota
was then part of a campact between
the Uuited States and people of
this territory or tracing our title to state
hood from another and Independent source,
viz: the treaty whereby this territory was
ceded by France to the United States. and in
which II was expressly stipulated that upon
the future demands of the inhabitants OF
this domain it should be admitted
into the Union as state upon the
same terms and conditions as other
states had been admitted or relying upon
the language of the constitution before quoted
which is the only declaration of organic law
in aid of the question, and which by implica-
ton early recognizes the formation of new
states or political organizations with certain
rights of states without consent of con-
sgress or evoxing the manner of admission of
former states into the Union and which have
acquired the force. of law as precedents, we
are sustained On every hand by the legality
of the demand of Dakota for admission into
the Union aud to seif-governmenu. The peo-
pie of Tennessee formed their state out of a
certain definite portion of the then existing
TERRITORY OF TENNESSEE,
enacted her constitution, elected her state Of
ficers. and sent copy of her proceedings to
George Washington, the president of the
United States. Her constitution contained 4
provision that on and after certain day the
territorial government would cease within
the limits of the state and state government
take effect The president transmitted this
document to congress upon its assemblage,
which was after the state govern ment had
assumed active operation, with recital OF
what had occurred and recommendation
that congress welcome the fully equipped
state of Tennessee into the Union, which was
done without delay or question. This was the
maneer Of formation and admission
Of the third state. Since then ten of the
twenty-five new states have been admitted in
the same manner and without prior act Of
CONGRESS. 1t is true that during her amiable
moods in the case of the remaining states,
congress has seen fit to extend her
greeting in advance to the people, expressing
Il desire for statehood, and, in accordance
with their desired boundaries, by what has
enormously passed into common parlance as
an enabling act. purpOrting to authorize and
direct the confirmation and adoption of
constitution and providing for the payment
of the expenses from the public funds. But
contemporaueouslY with these latter in
stances, and extending down from the admis-
sion of the first state Vermont, the former
and direct method which has been
FORCED UPON DAKOTA,
of the states taking the initiative, has been
pursued and recognized as regular and legiti-
mate. Dakota presents herself for statehood
with an area the largest possible for the ex-
ercise of economic and heathful municipal
government, with the largest population ever
possessed by q new state, the greatest devel-
Opment of material and inteilectu a.
resources, as well as the best reputation for
devotion to law and order, having been
formed under the guarantee OF an ordinance
Of compact older than the constitution itself,
together with a solemn treaty stipu-
lation according to the formula
through which eleven states had
been admitted, and presenting 10
Question that has not formerly
In fact I6 is no longer a debatable question
that Dakota is of right a state and entitled TO
admission. The practical question is
how to enforce the right. Section
50 of the ordinance and sched-
ule provides that no act shall
be performed OF an executive legislation or
judicial character. except such as may be
necessary preliminary and incident to ad-
mission into the Union, until such terms as
the state of Dakota shall have been admitted
into the Union. 1t is urged with reason
that this language occurs in
the ordinance ana scheduie ana
is in no sense part Of the constitution, but
only Incidental thereto. 1t may be annulled
by the convention now in session. While this
view is technically correct, this section was
promulgated as part of the constitution and
in my Judgment should not be
discarded without formal amendment to
that effect submitted to the popular ballot
by act Of the legislature, as provided for
amending the organic act proper. and that
until such tirue all executive, legislative and
judicial action by the state should be confined
to such as are necessary, preliminary and in
cident to admission.
DEvOLvEs ON THE CONVENTION.
But upon the constitutional convention de-
wolves the decision of this question, and if
the members of that body shall feel justified
in vocing the will of their constituents on
this subject, and shall repeal the restraining
clause, and you, as the dit rict representa-
tives of the state. shall in your wis
dom determine that the time has
come for further action, shall
make your policy my own and afford
you whatever may be the decision of the ex-
ecutive which is necessarily biased by parti-
san impulse. ! have no doubt of favorable
decision from the highest tribunal of law and
justice when its decison shall be obtained,
sustaining the state in its right to self-govern-
ment, and if not now arrived the time will
come when such decision will be possible if
you persevere in the work so herocaly CON-
menced. Political tyranny in
free government cannot always prevail
against the will of freemen, and the chiefest
calamity possible to befall you will prove
your deliverance, if you maintain your
courage and your state intact. refer to the
possibility of the formation of q constitution
and the assertion of statehood by the
whole of Dakota. When the supreme
court cannot evade jurisdiction of the
question is involving the legality of the state
government, both parties to the issue will be
in the same position, and the right Of the state
of Dakota having become first vested. and
never having been allowed to lapse, will prevail
against any subsequent attempt to ordaiu
local government within her borders. Here,
in my Judgment, should be made
THE FINAL STAND,
here the last die cast to determine whether
the constitution Of the fathers shall be main
tanned upon the earth. The public domain
which we inherit was held subject 10 lmita-
ton. The Limitation imposed by Il treaty
MADE with foreign power be-
fore purchase, the ordinance compact
of 1857 extended over our area east
of the Missouri by the organic act OF Mime
sofa territory, and last of all by the genius of
our institutions made at once to foster and to
fOy rio of
through statehood and the right
of the state to plo ection thror
a common union. This is the grand
feature of constitutional government, dis
tinQuishing between it and the emperiaism
aud is that which makes civil liberty worth
in exchange blood and treasure. Objection
is urged that Dakota was carved out of an
inn tharah1- disrnn1n-