The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-12-24

the qualifications OF their membership and cam
not oe compelled To admit your representatives
20 their bodies. Their preroRative to op-
press Is to this extent unquestionable.
Your right. however, TO self-Rovernment
asa judicial sovereignty formed under the CON-
stltutlon OF the Unite States and the positive
enactments of law, exists, IL 10 exists at all,
independent OF the admission of your represent
alive TO congress-. IL Is an historical fact that
the State or Indiana cast and had counted her
electoral vote for president of the United States
prior TO the admission of her representative In
The halls of congress. While congress can alone
CONSTITUTE you A STATE
In the Union, You may still be a legally consti-
tuted political authority without the Union, and
laws. In fact, the creative power abides in the
state, and not in congress. Whether we rely on
the TACT that the terms of the ordinance of 1887
became by the organic act of Minnesota Terri
tory, of which a portion of Dakota was then a
part, q compact between the United States and
the people OF this territory, or tracing our title
TO statehood from another and independent
source, viz, the treaty whereby this territory
was coded by France to the United States, and
IN which 1t was expressly stipulated that upon
the future demands of the inhabitants of this
dominion it should be admitted into the Union
as a 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 impli-
cation, early recognizes the formation Of new
states or political ORGANIZATIONS, with certain OF
the rights OF states, without the consent of
congress, or evokfng the manner Of admission
OF former states into the Union, and which have
acquired the force Of law as procedents. we are
sustained on every hand by the legality Of the
demand OF Dakota for admission and to self
government. Then follows a citation of the adj
mission OF Tennessee. and Wasbington's recon-
mendation for its admission. The practical
question Is how TO enforce the rights. Section
81 or the ordinance and schedule provides that
no act shall be performed of an executive,
Legislative or judicial character except
buCQ as NAV be necessary. nrellm1-
nary and incident to admission into
the Union until such time as the State of Dakota
urged with reason that as this language occurs
In the ordinance and schedule, and Is in no
sense q part of the constitution, but only Incl
dent thereto,
TT MAY BE ANNULLED
by the convention now in session. While this
view is technically correct, this section was
in my judgment should not be discarded with
out a formal amendment TO that effect, subject
to the popular ballot by act of the legislature,
as provided for amending the organic act
proper, and that until such time all executive,
legislative and judicial action by tho
state should be confined to such as are
necessary, preliminary and incident to
vention devolves the decision of this question,
and If the members of that body should feel
justified in voiclng the will OF their constitu-
ents on this subject and shall repeal the re-
straining clause, and you, as the direct repre-
sentatjves OF the state, shall, in your wisdom,
determine that the time has come
your policy m; my own ana afrord
| you whatever aid / can. In that event / should
recommend that no further immediate action be
taken than may be necessary to test the validity
OF the state as ORGANIZED in the executive and
judiciary departments OF the government. What
ever may be the decision of the executive, which
is necessarily biased by partisan impulse, / have
no doubt Of a favorable decision from
the highest tribunal of law and just
tice when its decision shall be obtained
sustaining the state in it right to self-govern-s
ment, and IL not now arrived, the time will come
when such a decision will be possible II you per-
severe in the work so heroically commenced.
Political tyranny in a free government cannot
always prevail against the will of freemen and
the chiegest 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 a constitu-
and the assertion OF statehood by the whole OF
Dakota when the supreme court cannot eyade
jurisdiction of the question involving the legal
| ity OF the state government, as both parties TO
the issue will be in the same position, and the
RIGHT OF Fl STATE OF DAKOTA
having become first vested and never having
been allowed to lapse, will prevail against any
subsequent attempt to ordain a local form of
government within her borders. Here, in our
Judgment. should be made the final stand, here
the last die cast to determine whether the con-
s~titution Of the fathers shall be maintained upon
the earth. The public domain which we
inhabit was held subject to limitation
The limitations imposed by the treaty made
Il W1bAA " " Ho-1A ~ AASAANo kAS 0AAA
nance compact of 1887 extended over our area
east of the Missouri, by the organic act of
Minnesota Territory. and last OF all by the
genius Uf our institutions, made it one to foster
and secure to men the right of local government
through statehood, and the rights Of
the state to protection through a com
mon union. This is the grand feature
OF constitutional government. distinguishing
between it and imperialism, and is that which
makes civil liberty worth an exchange for blood
| and treasure. Objection is urged by our enemies
that Dakota was carved out Of an existing terri
| tory, and was thereby without
right. Besides being overthrown by numerous
preccdents, this postulate falls by analy-
sis. The territory is In q sense
| being the creation of congress and formed with
out the consent Of its Inhabitants. When q
| people have erected state boundaries within the
| POSSESSIONS OF the United States, involving no
conflict with states before defined, formed .
| constitution republican In form. and erected
hereunder the machinery OF local government,
the sovereign creative power OF bringing
the new state into being has been
exerted and spent. Action by the general
government preceding admission Is exercised In
| a fduciary capacity, toward a trust in esse. IL
| has already become a new state which may be
| admitted into the Union. III the new state
| comes bringing reasonable prerequisites rs TO
and development, and her citizens are unobjec-
tionable In their moral practices. and has estab-
| Iished it's devotion TO law and order and Its
| fealty to the Union, it has acquired vested rights
| which 1t Is not possible for any lawful power to
obliterate.
SECOND AND LAST DAT.
HURON, Oak. Special Telegram, Dec. 10
/ ful z-s-A -~-4.An4n ,A~axniftan GYnichad