Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-07-05

t'sssment The institutions q IRE
le areeDt a. caLgt.s. icr the aim q
4 '-,nn II "a Ate Ito ,ue uali,4 ani III
i " liiei Ssut gosran.y To very ~, {
IA tue u1ioh y IsnuulIaap iifn II g,y
i 'aLueat, Lsree toe nen, te.ty iu al ,a,t
ings state, ior coagt y to xam u. III
q ,bstitufiop.
iae set 20 Incorporate The me- "a be.,
i tie foun9 Mel'. Ss .cisi, sas IN,
| sxefc.sa ut evvorsixa power, y poae,
totally Tepugnaut TO the sovefei, Il o
'ihs nniou, III i's territorial form.
'Tais act ut moor. orsiIcn waR .cpuR
'naDt to tn constitution OF the q 1T, {
States, nnder which the territorial gov
| 'erL %. TT VAS oreaG2 j. IL was trpng
aut 10 the isGs 81 copgr, ss waicl
'iosnl u that nrgA. tiou. T.. was a,
:. xereiss Of sov reisnty inccmpat,II
Win tns scv feigoty nj the uaiou Il,
all Its legal forms. tn.
| two sov-feigutiss OF the stat. and th.
| territorial goseTnment cannot exist ai
cams time within tho came l.mifs The
| territorial government exists In fol,
'v,goS until It is abolished by th: admis.
sion Of tho state"
would cite the comments cS Judge
jameson In his work nn "l St;onal
Convention . " sec. 2c9 sheseiu hs cl-arl,
expresses himself IL approval Of ih.
| reasons 6 v by Justice MtL al la The
ipini WHICH hav. j, ,st q lv,ed. y,,s
=, follows: The ..I Iy .D-eisat on |
wish to make upon shs case is. that ou.
oonsti toa naws no pass sstoral con-
titiop. iu!tfmsdiate between thss OF
t-IfifOfy and that Of state. 60 long as
po.itici rSsG :ion Is territory, il
not In sry .enss or for any purpose u
state. and, rico rersl q cs o territory
always testit.r!, until change Is
ii o.sd by an aos ot congress. A terri
toiy maJ st upon the seins of power
and make OF its,l de f c:o, q state, but
shen is does IL psrts from the
legal and reRul.r cour Sos, and enters
lpo" 'b- field Of revolution"
A d b, iarlhtr tpsaks Ia discussing
be ia 20 Vt renDes.ec. section 1872, th.
Z . I. rrltory we're TO proceed to estabilah
- state Rovernm.nt 1t wonld place itr.i,
pn.sI,ie the ps!e of the Law, and l, v5at
be methods sad forces of revolution :,
The eams Ovation es IN ths ease OF
. VI. ct al rs. j ,ner, supra, Gas pahs d
apon by the sDprema court o. D. ,io bg
Unanimous court in an opinion pro
oounced by ole OF It's most able judges
rnis VAS upon ths validity OF anoshsl
sfa'ute passed by the legislature OF
Michigan nrf.rs lite admission. The
asnse was ablr srgued at the bur.
VIZ. Waite. after yards chief Justice OF
rhs snp,ene conrt OF the United States.
ssseEt.d tha d ,css,ne which I now
arsa The cpininp Il the court is
setters'ion OF tho doctrine ennnoiated
nv the snprt m. cuass of the United
s. afss in the casa rf Scott vs, Jones.
AnDrs. md statss .sshat the views taken
fhy that cGlff are cntirsly unans vera
'hi As.s We adopt ths N to the fullest
HszseDt." AID alter ctnbodying as
'pars af thsir opinion che views OF,
Justice M.Loan they eonoluds ss fol-
low: S.ti-fad Of the correctness of
these positions aad welding obedience
10 ths positive requirements cf she
.oonftitufinD OF tha U,ited States. W.
'hald th 3 Ehe lee ..turs OF the state
ii ,chigs ~. Asse m ulsd uu,ler She eonsti
/. suti0n alsef satd snbmitte d ta cuneress
loo0 Il nos. op March 25, 1886; shen the
not AZ qieslson was att moted to be-
s,asso sstGhtiutly < rolse any Iegi,la
tive power 1hstevef'
4 The historic opinion OF judge Tanes
IN the case Of Dred Scott ss. Sanford 19
How. 393 ls cited as approving this doc.
trine. But il would seen to me that it
ls therein clearly enunciated, that the
question is political one and the
admission Of state rests in the dis-
crstion Of congress. BE says at page
AT: HThe proptiety OF admitting new
state 10 committed to the sound discre-
'tion OF congress. The power to ae-
'quire territory for shat purpose, to be
'heid BY the United States, until 10 is in
q suitable condition to become state
supon an equal footing with the other.
states, must rest npon the same disere-
'tion. IL il question for the political de-
'partnent OF the government emo not for
'the judicial"
quote without comment from Cool
ey's Constitutional Limitations, edition
Of 1883, page 49,;
Ii tito people OF o territory shall, Of
their own motion, without such enabl-
ing act, meet in convention, frame and
adopt . constitution, and demand ad-
mission to the uaion under 10, such ac-
sion does nos entitle them, ss matter of
right. to DO recognized as O state; but
L the power that can sdm;t nsu also re-.
fuse, and the territorial k5atus must be
lscoatinusd Til congress- sbail be satis-
! fled to enffer the territory to become
state. There sre always in these cases
questions OF policy 81 we'll % OF consti
stutiopal law 10 be determined by the
congress- before admission becomes q
matter Of riRht--whethey che constitu-
sion formed is republican; whether suit
able aad proper state boundaries have
been fixed upon whether the population
ia ffs ot vhath R,A
'eations for the exercise Of the electivs
franchise have been agreed TO: whether
any inveterate evil exists in the territory
which is now subject TO contros.
.but wh.sh might be perpetual
these and tho like questions,
lin which the whole country is interest.
ed. cannot be finally solved by the peo-
pile OF the territory for Themselves. bus
the fnai decision must rest with con-
Gress, and the judgment must be fayos-
'Abis before admission oan ba claimed or
expected"
Ishall also quote further from Judge
OF Michigan, published in 1885. It has
been extensively advertised that in this
work he approves and sanctions this
method and procedure. II SO, his au-
thority should have great weight, aa hs is
one OF foremost OF our constitutional
writer's. | shall quote fully so there can
be no misapprehensioul:
ut was very eertDin, however, that
though Michigan might have right to
recognition as state. the right was not
so tar absolute as that its observance
could be impelled. Congress alone could
recognize state ~ member OF yhe