Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-07-05
them, and they are still part Of the
national statutes.

statutes.
We must then commence our inquiry
with the territorial organization as
fixed fact, every Departments OF it in
operation and performing its appropri-
ate function, it's people submitting to
it's authority snd recognizing its validity
under the laws and constitution OF the
United States. TO be transformed legal
ly from this condition into state, q |
member OF the Federal Union, is the |
line to be followed,
AS TO the power OF congress to organ |
ize the territory and Of the absolutenees,
under the constitution ,of its jurisdiction |
over it, is not open TO very serious dis
cusslon. The constitution OF the United |
States gives this power and such has
been the decision of the supreme court |
of the nation. 'And the laws OF the |
United Staten made in pursuance OF
'the constitution shall be the supreme
'lsw of the land" Constitution OF
United States sec. 2 aEt. 6.
The laws OF congress. then, upon
q subject within its jurisdiction are
exclusive, and supreme, as we'll by ex-
press provisions as by necessary impIf-
cation. And from the supremacy OF the
constitution and laws of the United
States, ii necessarily results that the
Interpretation OF the laws by the hig hest
tribunal created by the law itself, must
be equally supreme over the constitu-
tions and laws of the several states.
! Desty's federel constitution 24S-249,
and cases cited.
10 what position then does this force
us? That the Law organizing the terri-
tory, commonly denominated she "organic
al san fn~ -,
the province and jurisdiction of con-
that the territory itself and its
legislature ere things of its
creation. That this organic law is
to us the same as constitution
to state. That the original source OF
power in a territory is from congress,
while in state it is from the people,
| And what laymsn will Claim, much less
lawyer, that q legislature IS not con-
| trolled and limited and circumscEibed
by the grant of power In the fundament-
oil and organic law by which its very
\ existence is supported and sustained.
But upon this branch of the snbieot we
need not speculate or theorize for the
supreme court Of the nation in case in
which in We are all familiar has go
spoken that there need be no misappre-
hension: 'It is certainly now too late
80 doubt the power OF congress to govern
She territories. There haye been some
differences of opinion as TO the particu-
lar clause Of the constitution from
i which the power is derived, but that 1t
'exists has always been conceded"
I"All territory within the Jurisdiction OF
\ ttbe United States not included in any
a state must necessarily be governed by OF
nader the authority of Congress. The
territories are but political subdivisions
of the outlasing domain OF the United
States, Their relation 80 the genera
government is much the same OF
'that which counties bear tt
'the respective states and con.
I'gress mSy legislate for then
, as state does for its municipal or.
, 'ganizations. The organic law of /
territory takes she place of constitu.
, zion as the fundamentsllaw of the loca
covers ment. 1t is obligatory on, ant
, binds tho territorial authorities; hn
congress 10 supreme The power Il
amend acts of the territorial Legislature
lis en- incident of sovereignty. Congress.
may not only ahrogate laws of CHI,
territorial Legislatures, but ii may itsel
I aegislate directly for the local govern.
! tment, IL has full and complete legisle
J tive authority over the people of the ter
: ritories and oil the departments O
the territorial government, IN Nationa
) Bank Y. Yankton 90. 1ol U. s. 1872 : = 13a
I'll The grant OF legislative power to tn
: territory under section 1851 of tn
revised statutes OF the Uoited States
b admit is very broad. 1t 10 as follows
; "The Legislative power of every territor
/. shall extend to all rightfuI subjeets q
r Legislation, not inconsistent with I'd
8 constitution and laws of the Unite
4 States" Can such q rule of coRstrac
o tion be asserted in sincerity. that th
: territorial legislature can set at naugh
n the express provisions of the law of cor
tgress, its organic law, its constitutions
!. Oan it, as IT is claimed, destroy the yer
y government under which 1t liz acting
/. and exists, and by which it was created
8 and annihiiate its own integrity? Re
i lsolye itself into chaos?
si Would not that be in the very face {
d the provisions OF the hmitation itself
d Would 1t not be inconsistent with th
b laws OF the United States in the organ
d cation OF the territory ? The very state
10 ment of the proposition answers it. Tt
o thing cannot be greater than its create
II Gould such proceeding be classed {
II within the srightfnl subjects OF legislf
}. tion 2" Upon this SUBJECT quote frol
,s Brittle v. The People Neb. oil: 18Th
Is Legislature Of the territory owes it's e.
IN ssstenee to "the organic act of congress-
n which empowers il to legislate on q
,f srightiui subjects Of legislation 7
undertake to subyert the very goveer
1. sment under which il assemblies an
,f 'acts, is not arightful subject OF legi
,r lstion. On the contrary it is reyoll
Q. 'tionary. These rightful subjects mn
Id 'be such as are usual, and as are for ii
10 benefit OF the governed, and must
70 acted upon in recognition OF the exis
IL 'ence OF the territorial government. =
ID That as long ss we were on this terr
a. tory, We were subject to and had to abb,
,e by such laws as congress under the co
to stitution chose to make; and that n
d. until we were strong enough to defe
he the United States by arms could /,
he hope for any chance from such terIt
, rial ruls without the permission
he congress.
,er Such language may seem strong frc
he our Nebraska brethren, but they 9
nv fully justified In following SO emine
do an authority as the supreme court Of 1
United States In the case known as {
no Michigan case, of SCOTT ct oil vs.. Jone
he Howard at 378. which says: "Such q
.ye duct by bodies situated within {
ell limits unless by states, duly admit:
"a into the union, would have to be reas
n ed either by the power Of the union
al. put down insnrrections, or by
Ordinary penal laws OF