The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-29
AGAINST AND FOR DAKOTA.
Senator Butler Offers a Substitute for
Senator Harrison's Measure,
And Supports It in Speech-Senator Wilson
Makes Strong and Logical Argument
in Favor of Admission.

MT butierS SuDStlLute TOT the Ddkotn uhi PAo
sented by the committee on Territories was read
It is an enabling" act, providing for the aomis-
sion Of the Territory of Dakota las whole) as
State of the Union, when an election shall have
been held under this act and Constitution, re-
publican in form, shall have been adopted by the
people of such Territory. The substitute also pre-
scribes in detail all conditions TO be observed by
the proposed State as to public lands, schools,
etc. Mr. Butler then took the floor in support
of bis substitute. He conceded the right of the
people of Territory to apply for ad-
mission as a State when it had
the necessary conditions, but he denied that a
Territory had any inherent right to organize
State government Congress alone could author
ize the transition from Territory to State,
and the exercise of that power by any other
body would be bald usurpation Mr. Butler
argued at length in support of this proposition.
and further contended that Territories had no
right to divide themselves up at their own pleas
ure, and do as Dakota had done in this instance.
As to the admission of Tennessee, Kentucky
and Maine, he said these had been carved out of
territory belonging to North Carolina, Virginia
and Massachusetts, three of the original thir
teen States. and under the Constitution the con-
sent Of the Legislatures of those States was all
that was necessary, and was taken as tanta-
mounts to an enabling act In the cases of
Arkansas and Michigan, two political Titans,
slavery and anti-slavery were approaching each
other by converging lines. Michigan rep
resented one. Arkansas represented the other,
and both were taken into the Union, as Mr.. But
Ter insisted, in an unconstitutional manner.
These cases were cases of Observation-Disclosures
ito temporize with the impending irrepressible
conflict. Itwould have been better for the coun-
try If the issue had been at that time met and
settled, than to have postponed it to time
thirty years later, when the power and capacity
OF the sections to struggly with each other had
SO largely increased Iowa, Missouri. Wisconsin
and Nevada. he said, had come into the Union
under enabling acts Slavery was now dead
! The people of the Union were becoming more
and more homogeneous. Time was smoothing
the asperities that came of conflict. We
happily at peace. Our Territories were being
occupied by intelligent and hardy pioneers
Why, then, depart from safe. time-honored, con
stitutional rules for the admission of new mem
bers into the family of States? Was there a
pressing political exigency lurking behind it all
which impeied forward, with almost unseemy
haste the efforts to enter this State sisterhood?
Mr.. Butler could not disabuse his mind of such
suspicion, and that snap judgment would be
rendered if refused to ratify the present
movement Mr. Butler insisted that the action
OF South Dakota had been ultra wires, and void.
Besides. he had received intimatons of fraud in
the proceedings taken there. Much division of
opinion prevailed in the Territory as to division
on the line of the forty sixth parallel Why not
have fair hearing on all the questions involved,
so that when Congress should meet again it
should have materia] for intelligent actiong Mr.
Butler could hardly conceive that any personal
discourtesy had been meant by the ''raroadng'
through the committee on Territories of an ad-
verse report on the resolutions offered by Mr.
Vest and himself relating to Dakota. They had
been adversely passed upon at the very first
meeting of the committee after their reference
by the Senate, without notice or opportunity to
him to be present at their consideration. He in
CURED whether this haste because of fear
that if full consideration had been given to those
resolutions the weakness of the made
for Dakota would be made manifest, or that the
motives behind the efforts of the Estate execu-
tive committee" would be exposed. If Dakota
were admitted under the unconstitutional action
already taken we might we'll abolish all par
Elementary proceedings and judicial forms.
hen Dakota shall come here" said Mr.. But
Her. IN conclusion, provided with the proper
ceuntersign. if it shall be my duty to be on
guard will with pleasure pass her on to the
heart of the citadel of the Nation"
Mr.. Wilson, of Iowa, reminded the Senate
that the Constitution of the United States was
not meaningless when it declares that Congress
shall make no law respecting establishment of
religion. or prohibiting the free exercise thereof;
or abridging the freedom of speech or of the
press of the right of the people peaceablv
to assemble and to petition the government for a
redress of grievances" which the inhabitants of
Dakota have done, and nothing more. The SEN
ator tore the insnuation of Senator Butler, of
South Carolina--who declared the efforts of the
people of Dakota to have State made of their
Territory revolutionary-to atoms, and left him
nothing TO stand upon.
But one limitation" said Senator Wilson, lis
put upon the right of the people to assemble and
to petition the government for redress Of griev
aneeS and the limitation in no sense interferes
with the right. but rather is aid to its perfect
enjoyment The great right to assemble must
be peaceably exercised. Under such form Of
government as ours tho right to assemble cannot
wisely be exercised except through peaceable lines
of action. The people of Dakota have exercised
this right, and they have observed the constitu-
fonal limitation. They patiently waited for Con.
gress to act and invite them to assemble This
Invitation might have been extended by the pass
age of an enabling act under and in pursuance of
which the people of Dakota could have framed
their petition for admission into the Union as a
Botate Inc act was not passed. The right of the
people to assemble was not thereby avoided
aud although the Constitution says that Con-
gress shall make no laws abridging this right
me necessisies OF frontier people and their
movements Tor relief heretofore recognized and
approved In numerous instances by the govern
ment, affirm that Congress shall not by pantion
detract from the right to assemble nor DENY the
right of petition.
'The Office of the Constitution in this regard
@as not to create hut to preserve and enforce the
right involved. The right ante dated the Con
stItution, and was, and is necessary to the sta
bility OF the government which that instrument
ordained and established The peaceable eyer.
Else of the right is not revolutionary The
exercise of the right by the people of Dakota
was peaceable. They selected their own mode
for its exercise, but kept their every movement
ptitution. The Constitution does not prescribe
any forms or rules for the government of the
people when they assemble. Nor does it define
form TO be followed in the preparation of the
petition which peaceable assembly of the peo-
pie may present to the government for a re
dress OF grievances. The people of Territory