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

vision of congress Ii as made the dsty
OF the territory to report It's Legislation
directly to that body. They sra
acting as delegated egenss, mot
OF the people witbin the
limits OF the Territory who elect them,
but of the supreme legislative power
under tie constitution vested in con-
gress. That power which encompasses
the whole nnion, whether II be within,
the limits OF a territory or o state within
the federal union.
To admit the doctrine eontended for
would be to assert that congress- practi-
cally had no power over the tarritories,
only such as its inhabitants permitted
it to exercise. And when Say congress,
| mean tho national authority. Does
not this plenary power OF the union enter
into, and over and encompass ~ shield
every state that ig part of it? And
docs not every state admit and recogniza
this power to which they are welded es
! an integral psrtp Then how much more
woulG, and does this power remain with
and over the territories before there has
been any delegation or surrender OF
these powers OF sovereignty.to stpte
To admit this doctrine is TO belittle this,
one OF the mjghtiest governmental of
history. liz is to assert, il Is without
sovereignty over its own dominion.
That under the shadow OF its own ma;ss-
| tic strength, its integrity is shattered,
and especially in a locality with which ID
is possessed OF ell its original powers.
! maintain that such o doctrine is heresy.
That il denies the sovereignity OF the
union, and is in conflict with the theory
OF its foundation.
| Leaving this part OF the argument
ohRll next pass to the consideration of
| the question as to the iaharent power
vested in the people OF the territory, TO
l form constitution, organize state
government put the machinery Of that
[ government into operation, and releE&ta
the territorial government Go "a thing of
the past. In other words TO annihilate
it, and to assume for this new orEafi-
Ezation all the powers of anyereignty, in
vested and clothed with all the funesioas
of government. This TO be dnne by
this people, by what is claimed il their
"aovereien capacity Not from any
outside power, but springing from that
inherent right reposed in them aud be.
longing to them az citizens Of the Ea-
tional government. Thaf they can do
this, independent of the national govern
) ment under whose Jurisdiction they are, /,
] and to whose allegiance they srs subject
, 1t would seem to me that in this
branch OF our subject weare again not
left to speculation or theory. There
powers have been defined, These rights
: have been analyzed and passed npen,
| The way and the procedure have besn
, pointed out, il regard be h4d TO the I'D
7 tjudleetions of courts, the presidents 10
Q our history. the opinions OF our states.
men. and best text writers upea eousti
| Itutiopal law.
i do not mean to cieim that O e!tizar
s OF the government snrsepdeFs any Of his
D right, as such, by becoming residanl
: OF territory. But he assumes q nev
n relation to the government, Ee fhci
. beoumes o resident OF q place which Rbi
a the property Of the general government
: and over this property and territory TIT
4 constitution of tina. government has re-
d posed in congress exclusive dominier
& and control. Tbs citizen ASSUMES hal
o residence with foil notice OF that power
g and is subject to it. 70 be snte, L,
0 comes here with the gaeranty from thr
g general government under this erdinanct
II OF 1887, and With the solemn treaty stipu
= lation OF the deed OF purGhase OF Lous
u lana, with full aesurspce that the gov
: ernment will not break its faith. Be
II that the ultimate power is reposed Il
i congress, he cannot question, for III
3 constitution TO which he is born in alie
ell glance 40 plainly states.
q But from this general argument let q
/ turn to the constitution itself and III
3: decisions of the courts and text wrisse,
y and let us before we try any new experi
,f ment find assurances for the faith that j
Ie in us. Section OF Art. OF the con
ID stitution says: "New states may be ad
0. United by the congress- into the union.
le To assert that there can be state ont {
1T the union IL 20 deny the supremacy o
d. the constitution and the integrity OF th
r federal union.
vi To maintain this doctrine, is to repu
8, diate the ordinance Of 1887 and violat
j, its express provisions. This is the la
y under which it is claimed Chi
right is guaranteed, and it j
Of but not to the extent to which it is OF
[? serted. This very guaranty provides
le That the territory and the states whic
IL may be formed therein, shall forey,
D. remain part OF theoonfederacy OF th
le United States OF America, subject
". sthe articles OF confederation, and [
as such alterations therein aa shall be col
D. additionally made This was aubiel
M to, and WAS changed by the s1bseqner
le adoption of the constitution with 81
Z provision therein engrafted, as to I'll
d, power OF congress in the admiseis
Ill of o new state. This shows the r
20 tation of territory ind OF the righ
D. of it's inhabitants to the national goyer
I'D msnt, and of the power to change fro
is- o territory to state. In either cas
u whether state or territory, they mu
st f"forever remain part OF this col
he federaey." Not @ state outside al
be independent OF the union, bnt one Will
1t in and recognizing its authority
- obedience TO its constitution and laws.
RI Congress has no power alone to ma
de q state. 1t requires the concurre
IN action OF both the people OF the propo
lot ed state and congress. The one par
aat alone is not sufficient. The people
we the proposed state may organize it pl
to- liminary thereto. but it requires {
OF action of congress before it is endow
with sovereignty, and is in the Il
om sense state.
are The reliance that is placed upon t
shs treaty OF 1908 with France in what
me known as the Louisiana pnrchal
me though strong as o matter of equity d
s good faith from the goyernnsns to {
on people who settle that domain, certai
our iy does not infringe upon or limit I
sea power OF congress in regard to the 9
CHI mission OF new states, erected ont
70 the territory embraced in that purcha:
tne The very article OF the treaty relied q
she nm states. That thay shall ba admit