Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1886-12-25

4 u tFiFIN''. 10, " IIIUuN UNtTTIIIHp WTTW u
listing rights Of other political organizations
The houses OF congress are made the sol,
Judges OF the qualifications OF their member
ship, and hence cannot be compelled to adtnit
your representatives TO their bodies. Thu,
far their p~rerogatiye to Cypress in this extent
Is unqucstioned. Your right, however, tC
sclf-government rs q political organization
found under the constitution of the United
states and the positive enactInents OF con
gress exists, If ii exists at all, Independent OIL
the incident OF your representation in con
gress. While congress can alone admit you
a state in the Union you may still be a legal
ly constituted autonomy, without the union
and as such entitled TO the projections Of the
federal laws.
1t is an historical fact that the state of In.
diana cast and had counted her electoral vot,
for president Of the United States prior 10
the admission Of her representatives in the
halls OF congress In short the creative pow,
er exists In the state and not In congress.
The only light thrown on the admission OF
new states by the federal constitution Is
found In section 3, act I, which declares ''new
states may be admitted by congress into the
union. This clearly gives To congress power
to reject new ~states,h applying for adnis-
sion into the union. But there must be a
''new state" In being, before a 'new state
can apply for admission into the union and
before congress ear exercise its p%rerogatiye OF
rejection.
Whether we rely upon the fact that the
terms OF the ordinance Of 1857, became by the
organic action Of the the territory of Mime
sofa, Of which a portion of Dakota was "A part,
a compact between the United States and the
peoOle OF this territory; or tracing our title 20
statehood by another and independent source,
to wit: The treaty by which this territory was
coded by France TO the United States, aud in
which was specially stipulated that upon the
further demands OF the Inhabitants Of this do
main IL should be admitted INTO the union as
states upon the same terms and conditions as
other states have been admitted; or relying
upon the language of the constitution before
quoted, which is the only declaration of or
ganic law In aid OF the question, aud which
by implication clearly recognizes the
formation Of new states or political MIA
lions with certain rights of states without
consent Of congress or eyoking the manner
OF admission OF new states under the cousti-
tuition, anu which have acquired the force of
law as prccedcuts, we are sustained on eve V
band in the legality Of the demand OF OAK, IA
for admission into the union.
The people of Tennessee formed their state
out OF "A certain definite portion of the then
existing territory, enacted her constitution
and elected her state officers without the
knowledge or consent OF congress, aud sent a
copy uf the same TO Washington, president OF
the United States. Her constitution con.
tanned a provision that on and after a certain
day the territorial government would cease
and the state government take effect within
lis borders, wqich President Washington
transmit to ungress upon its assembluge,
win a blunt recital Of what had occurred, and
a recommendations that congress welcome the
state OF Tennessee, already In full operation,
into the union, which congress made haste To
do. This was the first new state formed ana
admitted into the union. Since
then ten OF the twenty-five new
states have been admitted in the
same manner without any prior act of con
gress. 1t is true that in her amiable mood
In the eases Of the other new states congress
has extended Der greeting in advance TO the
people indicating IA desire for statehood. BY
what has enormously passed into common
p~arlance as an ''enabling act authorizi M
and directing the formation Of IA constitution
and providing for pay ing the expenses from
the public fund. But contemoraneously with
these instances and extending down from the
admission Of the first state, the other and d-
rect method which has been forced upon Da-
kota OF the state taking the initiative has
been pursued and recognized as regular and
legitimate.
The practical question is how to enforce the
right. Section 80 provides that no act shall
be performed of an executive, legislative or
judicial character, except such as may be
necessary, preliminary and incident to adj
mission TO the %union,'' until such time as
''the state of Dakota shall have been regular
ly admitted into the union 1t is urged that
this language occurring in the ordinance and
schedule Is In no sense a part OF the cOnstltu-
tion, but only incidental to its enactment, and
that therefore 1t may be omitted 10y the con
vention now In session, being no part of the
instrument ratified by the vote of the people.
While the view is technically tenahlc this sec
ton was promulgated as a part nf the consti-
tuition and was SO recognized at the election,
aud | doubt the sropriety CT discarding it
without a formal amendment TO that effect
To the popular ballot by an act OF
the legislature as provided for FOR amending
the organic act proper, and that until such
time all executive, legislative and judicial ac-
tion by the state should be con
fined TO the acts as may be
deemed necessary and preliminary to
admission into the union. Bat upon
the constitutional convention d~ev0lyes
the decision OF this question, and If the mem
bers of that body feel justified IN yoicing the
will of their constituents on this subject and
shall repeal the restraining clause, and YOU,
as direct representatives OF the people of the
state, shall In your wisdom determine that
the time has cOne for futher action, | shall
make your policy my Own, and afford you
whatever aid | can. In that event, | should
recommend that no further immediate action
than may be necessary TO test the validity OF
the state as organized In the executive and
judiciary departments Of the government,
whatever may be the decision of the eXccu-
tive, which Il necessarily by partisan impulse.
| have no doubt of a favorable decision from
the highest tribunal OF law aud justice when
the decision may be obtained, sustaining the
state IN its right to self-government, and IL
not now arrived the time will come when such
a decision will be possible, If you persevere in
the work so heroically commenced. Political
tyranny I'm a free government cannot always
prevail against the will of freemen, aud
the chiefest calamity possible to befall
you will prove your deliyerance IL
you maintain your courage and state intact.
/ refer TO the possibility Of the formation Of a
constitution and the association of statehood
by the whole OF paEo6a. Then the supreme
court cannot evaC ia isdiction 9. he ques-
tlon as involving tie legality of the state gov
eminent as both parties to the Issue will be
in the same position, and the right of We state
Of Dakota having become first vested and
never having been allowed to lapse, viii pre-
vail against any subsequent attempt to ordain
a local government within her borders. Here
In my Judgment should be made the final
stand, here the last die east, TO determine
whether the constitution Of the fathers shall
be maintained upon the earth. The public
domain which we inhabit was held subject 10
limitations, the limitation imposed by treaty
made with a foreign power before purchase,
the ordinance compact OF 81 over our area
east of the Missouri, by the organic act of the
territory and last of all by the genius OF our
institutions made at cnce to foster and secure
10 men the right Ct local government through
statehood, aud the right of the state to pro-