Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-12-16

tuition is found in section three, articl,
four, which declares that "new statel
may be admitted by the congress intt
the union" which clearly gives to con
gress the discretionary power to rejec,
new states" applying for admission in
to the union. But there must be ssneW
state" in being before "new state' can
apply for admission into the uuiop and
before congress can exercise its preroga.
tive rejection.
RIGHT TO STATEHOOD BY ORDINANCE
TREATY, AND PRECEDENT.
Whether we rely upon the fact that
the term of ordinance 17S7 became by
the organic act of Minnesota territory,
of which portion Of Dakota was then
part, compact between the United
States and the people of this territory
or, tracing our title to statehood from
another and independent source. to wit
the treaty whereby this territory was
ceded by France to the United States
and In which it was expressly stipulated
that upon the future demands OF the
inhabitants Of this domain it should be
admitted into the union as states
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 implica-
tion, clearly recognizes the formation of
new states or political organizations
with certain OF the rights of states with.
out the consent of congress, or evoking
the manner of admission of new states
undes the constitution and which have
acquired the force Of law as precedente,
we are sustained on every hand in the
legality Of the demand for admission
into the union.
WASHINGTON AND TENNESSEE.
The people of Tenpessee formed their
state out of certain definite portion of
the then existing territory of Ten
nessee, enacted her constitution and
elected her state officers without the
knowledge or consent OF congress-; and
sent copy OF ths same to George Wash.
ington, president of the United States.
Her constitution contained provision
that on and after certain day the terri
torial government would cease and the
state government take effect
within it's borders, whioh President
Washington transmitted to congress
upon its assent hiags with q blunt Esc:ts!
of what bad occurred and recommends.
tion 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 and admitted into the union.
Since then ten OF the twsoty five new
states have been admitted in the same
manner, without any prior act of con-
gress. 1t is true that in her amiabIe
moods in case of the other new states,
congress has extended her greeting in
advance to the people indicating desire
for statehood by what has erroneously
passed into the common pGrlance as
"an enabling act" authorizing and
directing the formation of constitution
and providing for payment of the ex-
penses from the public funds. But con-
temporaneously with these instances
and extending down from the admission
of the first state, the other and direct
methods which has forced upon Dakota
of the state taking the initiative, has
been pursued and recognized as regular
and legitimate. ttta
Thus We find the state OF Dakota has
been formed under the guarantee of an
ordinance of compact older than the
constitution itself. as we'll as that OF a
solemn treaty stipulation, in accordance
with the formula through which eleven
states have been admitted into the union,
and presenting no issue that has not
arisen and been passed upon in her
favor. In fact it is no longer debatabIe
proposition that Dakota is Of right q
state and entitled to admission. a
REPEAL OF THE RESTRAINING CLAUSE.
The practical question is how to en-
force the right. Section thirty-two OF
the ordinance and schedule provides
that no act shall be performed OF an exc
outiYe. legislative or iudicial character
except such as may be necessary, pre-
liminary and incident to the admission
to the union" until such time as sthe
state of Dakota shall have been regular
ly admitted into the union" It is urged
that this langauge occurring in the ordi
nance and schedule isin no sense q par,
OF the constitution, but only incidenta
to its enactment and that therefore II
may be annulled by the convention now
in session, being no part of the instru
ment ratified by the vote Of the people
While this view is technically tenable, thi.
section'was promulgated as part of the
constitution and was 30 recognizedat the
election and doubt the propriety O
discarding it without formal amend
ment to that effect submitted to th,
! popular ballot by an act of the legisla
ture as provided &c. amending th
organic act proper. and that until sue
time all executive, legislative and judi
cial action by the state should be confine
to such acts as may be deemed necessar