Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-06-12


temporary government, shall have au-
thority to keep . sitting member in con
gress, with the right OF debating, but
not of voting"
! Attached to the provision which APP
pears IN this paper under the ''third
head is a proviso, containing five prepo-
slt1ons, which, when agreed to and ac-
cepted by the people of said additional
states, were to "be formed into charter
of compact" and to remain "unalter-
able,. except by the consent of such
ssatss, as we'll as of the United States, to
w.t.
provided that both the temporary
and permanent governments be estab-
lished on these principles as their basis:
/ U. "That they shall forever remain
a part OF the United States OF America
| ~. THAT in theiT persons, property
and territory they shall be subject to
the government of the United States in
congress assembled, and to the articles
OF confederation in all those cases in
which the original states shall be 80 SUBJ
Iject
(3). "That they shall be subject TO
pay part of the federal debts con-
tracted, or TO be contracted, to be appor-
toned on them by congress, accord
ing to the same common rule and meas
ure by which apportionments thereof
shall be made on the other states.
| AZ. "That their respective govern
ments shall be in republican form, and
shall admit no person to be citizen who
holds any hereditary title
| The fifth article, which relates to the
prohibition OF slavery after the year
1900, having been rejected by congress-,
never became part of ths Jaffersonian
plan of government for the territories,
as adopted April 23, 1854.
The concluding paragraph OF this plan
OF government, which emphatically ig-
nores the right of congrssB to bind the.
| people of the territories without their
consent, and recognize the people there
IN as the true source OF all legitimate
power in respect to their internal polity,
| Is i'll these words:
That all the preceding articles shall be
formed in charter OF compact, shall be
duly executed by thepresidsnt of the Uni
ted States, IN Congress assembled, under
! his hand and the eeni oi the UnitedStates
shall be promulgated and shall stand as
fundamental conditions between the
thirteen original states and those newly
described, unaltsrable but by the joint
consent OF the United States in congress
assembled, and of the particular state
| within which such alteration is pro-
posed to be made.
This Jeffersonian plan OF government
embodies and carries out the ideas and
! principles Of the fathers of the reyolu-
tion, that the people OF every aeparate
| political community dependent colonies,
provinces. and territories. az well as
sovereign ststes) have an iaaHeaable
4 q5ghtto s0cern 5hemseloes in respect to
their internal polity, and repudlates the
dogma OF the British ministry and the
tories of that day, that all colonies, pro-
vinces, and territories wers the property
OF the empire, acquired with the cotA-
mon bloeu and common treasure, and
that the inhabitants thereof have no
rights, privileges, or lmmunities, except
such as the imperial government should
graclously condescend TO bestow upon
them. This plan recognizes by law and
irrevocabe compact" the existence of
two distinct classes of states under our
American system OF government, the one
being members OF the union, and con-
sistIng or the original thirteen and such
other stater, having the requisite popn-
latIon, as congress should admit into the
| federal union, with an equal vote in the
management of federal affairs, rs we'll
as the exclusive power in regard to their
internal polity respectively; the other,
not having the requisite population for
admission into the union, could have
no vote or agency in the control of the
federal relations, but possessed the same
exclusive power over their domestic
affairs and international polity respect
lively, as the original states, with the
right, while they have less than 10000
inhabitants, TO choose for their govern
ment the constitution and laws OF any
one OF the original states; and when they
should have more than 10000, but less
than the number required to entitle
them TO admission into the union, they
were authorized to form for themselves
- perman snt constitution and govern
ment;" and in either case they were
entitled to keep delegate in congress
with the right of debating, but not
of voting. This "charter of compact,
| with its fundamental conditions
which were declared to be "unalterable"
without "the joint consent"
of the people interested in
them, as well as OF the United
StateR, thus stood on the statute book
unrepenled and unrepealable, furnishing
a complete system of government fer
all territory cedsd or to be ceded" to the
United States, without any other legis-
lation upon the subject, when on the
14th day OF May, 1887, the federal con
vsntion assembled in Philadelphia and
proceeded to form the constitution un-
der which we now live.
4 Thus it will be seen that the dividing
line between federal and local authority,
in respect to the rights of those political
communities which, for sake of convent
encs and in contradi tinction to the
states represented in congress-. we now
call territories, but which were then
known as Estates" or new states" was no
distinctly marked at that day that no
. intelligent man could fail to perceive it.
; [Concluded Monday.