Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1886-12-31

Tf aALk BILL 1F OFFERED.
eerrtorial domain of Dakota IN nr NAM t me
sta, line Of the state, insarns ma on-
ieot to I'm Inc end and if this division is made sub
will dscam the 6y ballot Of the people.
nnt;i cn.seerfully accept the new eitnation Rnt
but this n Is We can afford to defer statehood
we have action oe en zone and not promised; until
Of f an state government no ruse to divert ma
exercise %, it to any snbsequept effort to
with ali vsor the IsW hood within her domain
'"oo" ana priority in statehood.
FORWARD BUT CAUTIOUSLY.
Won , Wma5 extent under the state constitution
c;sa may deem it expedient and lawful to ever
under of Hesitation leave it for YOU
mn LIZ practlcai result to be attained there ia
at%ny no variance among you or your con.
opipion mns+ a Upon Questions of expediency
ward - HhoWeVer, urge you to take no step back
MaIo IN the work committed to your care. With
caGr succeeding encouragement renew your
mate triumph of Justice. You have ALREADY
s ao.;;ssceo mnch and are ready and willing to
eaGHfe With the exception of tie second
~ Gne promotion of the state, extending over n
n 20 o! hye years, have been cheerfuiiy borne
ana their several
f hek conscious satisfaction the Discharge Of the
MnIVhsst duties OF American citizenship and tho
S'AouAo VI q grateful people.
PROVIDE AN ELECTION LAW,
ia Gn IN paramount duty of this general assembly
70 NIL vacancies under the constitution and th;s
4 po aeem SUFFICIENT cause for this cony0cation.
trns for t Rbsops1 asten Il and
Velop the course of wisdom ~ w.
WE ARE A STATE,
! oeslre 70 reatfirm my belief in the absolute
ana UNQUALIFIED legal tight of the state Of Dakota
dr,nny int :
ment. Then If it is positive, legal existing
s,H ;;h mere must exist means of enforcing It,
%,hGut interfering with existing rights Of other
are are. made the sole Judges of the qualifications of
tne3r membership, and hence csnnot be com
bedes 70 h admit youE representatives to their
SoHr right, however, to self-governmentt as
potleai orgHnlzation found under the consttu-
ments of congresss exists if it exists at ali.
independent OF the incident of your representa-,
a onm; IN nc congress: While congress can alone
legally constitu ed autonomy. without the union,
and as euch entitled to the protection of the fed
1t is an historical fact that tho state of Indiana
cast and has counted her electoral vote for presi-
dent of the United States prior to the admission
q hsr representatives. in the halls Of congress
and not III Congress.
ADMISSION OF STATES.
The only light thrown. on the admission
or new states by the federal constitution
asHonnd IN section s. act T. which declares new
union" This clearly gives to congress power to
REJECT new states. )" applying for new states into
, bsn nni Ss;o,s But n there must be new il
sion into. the union and before congress
can e1erclselts prerogative of rejection.
RIGHT TO STATEHOOD, BY ORDINANCE,
TREATY AND PRECEDENT.
Whether We rely upon the fact that the terms
ton Of Dakota was part. a compact between
the United States and the people of this terri
tory; or tracing our title to statehood from
treaty whereby this territory was coded by
France to the United States. and in which was
specially stipulated that upon the further de-
should be admitted into the union as states upon
the Same terms and conditions as other states
nave been admitted; or relying upon language of
declaration of organic law in aid of the question:
and which by implication clearly recognizes the
FORMATION OF new states or political orRaniza-
sent OF congress; or evoktng the manner Of adj
mission OF new states under the constitution,
and which have acquir red the force of law as prec
legality of the demand of Dakota for admission
into the union.
DOWN IN TENNESSEE.
The people of Tennessee formed their state out
Of certain definite portion Of the then existing
her state officers without the knowledge or con-
sent of congress. and sent copy Of the same to
Washington, president of the United States.
and after certain day The On
menJ would cease and the state government take
effect within its borders. which President Wash
bsse IF s
and recommendation that congress welcome
the state of Tennessee, already in full operation
into I the union which congress made haste to do.
mitted into the union. Since then ten of the
twenty live new states have been admitted in the
same manner without any, prior act Of congress-.
of the other new. states congress has extended
her greeting in advance to the people indicating
a desire for statehood. BY what has erroneously
eenabling act" authorizing '| and and directing
the formation of a constitution and providing
for paving the from the puc fund
extending down from the admission of the first
state. the other and direct method which has
been forced upon Dakota Of the state taking the
regular and legitimate.
Thus we find the state of Dakota has been
formed under the guarantee Of an ordinance of
compact older than the constitution itself, as
well as solemn treaty stipulation. in accord
ance with the formula through which eleven
states have b en- admitted into the union, and
passed upon il her favor: In fact it is no e
right state and entitled to admission.
REPEAL OF THE RESTRAINING CLAUSE.
The practical question is how to enforce the
right. Section 90 provides that no act shall be
performed by an executive, legislative or judi
cial character, except such as may be necessary.
preliminary and incident to admission to the
union, until such time as ''the state of Dakota
shall have been regularly admitted into the un-
ion." 1t is urged that this language occurring in
the ordinance and schedule is in no sense part
of the constitution, but only incidental to it's
enactment. and that therefore it may be
omitted by the convention now in ser sion, being
no part of the instrument ratified by the vote of
the people. While this view is technlcslly tena-
BILE this section was promulgated as part OF the
constitution anil was SO recognized at the -lec-
ton, aud doubt the prupri'ty Of discarding 1t
without formal amendment to that effect sub
mitted. to tie popular ballot t,o 6y an an
for amending the organic act proper, and that
INIT such time all executive, legislatlye and
judicial action by the stat should be confined to
such acts as may be emsd necessary and pre-
Iiminary to admission into the union. But upon
the consttu' ional convention devolves the de.
cision Of this question. and il the members of
that body feel justified in voiclnR the will OF
their constituents on this subject and shall re-
peal the re training clause: and you, as dlrect
representative of the people OF the sta.e snail
in your wisdom determine that the time has
come for further action, shal make your poilcy
my own aud afford you whatever AID can: IN
that went, l should Recommend that n" further
i'm mediate action than may no necessary 10 test