The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-09-04
SAYS eco AHEAD"
SID CLARKE ENCOURAGES INDIAN
TERRITORY PEOPLE.

TEhR1TUR4 fEUfLEs
In q Letter to A. nj. Dawson Of Chickasha
1T, &c Incorporates Line of His
toricaI Precedents to Show That Action
Toward Representation in Congress Ii
Justified by Many niustrious Examples
They Can Either Send Delegate, as a
Territory, or Form a State Government
Outright, He Says.
Chickasha, i. T, Sept. 3.-(Special)-
The following letter, from Hon. Sidney
Clarke of Oklahoma City, o. T., bearing
upon the right of a territory to take
the initiative in proceedings to secure
statehood, and defending such right,
has been received by Mr.. A. NJ. Dawson
Of this place:
Oklahoma City, o. T, Aug. %, 1896.
A NJ Dawson, Chickasha, i. 7.
Dear sir-I have your letter Of recent
date. in which you ask me to refer you
to "the authority on the subject of ter
ritories organizing into states, and
sending delegates to congress, without
previous congressional action" I take
1t, you desine me to reply with especial
reference TO the movement now being
made in your territory to secure repre-
sentation In congress, either by the cleo
ton delegate to that body, or by
more comprehensive movement. In
my judgment, the right of the people in
Indian Territory, in their primary ca
pacity, to organize a local government
and elect a delegate to congress, or to
form a constitution and state govern
ment if they 50 desire, Is beyond all
reasonable question. In the language
Of Stephen A Douglas, IF there is any
one principle dearer and more sacred
than all others in a free government, it
Is that which asserts the exclusive right
Of a free people to form and adopt their
fundamental law, and to regulate and
manage their own internal affairs and
domestic Institutions
ORDINANCE OF 17s7.
From the time the first territory was
organized, and the first state admitted
Into the Union, following the close of
the revolutionary war, the right of the
people residing in any part of our ter
rftorlal domain to organize a local gov
government, and to be represented in
congress, has been affirmed by a long
line OF enactments, treaties and pre-
eedents, and it is now too late, with JUS
tlce 10 the remaining territories, to re-
verse this established policy.
by the ordinance of 1857 it was pro-
vided that wherever 5000 Inhabitants
were found in one district, they were
authorized to elect a legislature and en-
act local laws. Further than this. the
fifth article Of the ordinance provided:
And whenever any of the said states
shall have 60, 600 free inhabitants there
h. such state shall be admitted by its
delegates into the congress of the Unit
ed States, CA an equal footing with the
original states in an respects whatever.
and shall be at liberty to form a per-
manent constitution and state govern
ment: Provided, the constitutions and
governments so to be formed shall be
republican and in conformity with the
principles contained in these articles;
and, so far as it can be, consistent with
the general interest OF the confederacy,
such admission shall be allowed at an
earlier period, and when there may be
a less number of free inhabitants in the
state than 60,OO0'
LOUISIANA SESSION.
But it may be said that the people of
Indian Territory are not entitled to the
rights guaranteed by the celebrated or
dinance, because they occupy a terri
tory inside of the limits Of what was
known as the Northwestern Territory
answer that the guarantees secured
10 the people Of the North western Ter
ritory, by THE clause of the ordinance
quoted, and which were thereafter
faithfully carried out by congress in
the admnission OF states south of the
Ohio river, imposed a sacred and moral
obligation to treat the people of the In |
dian territory in the same way.
But the case rests on much stronger |
grounds than this. The Indian Terri (
tory is part of the territory coded by /
France to the United States by the |
ticle reads as follows:
Article 8. The inhabitants Of the |
ceded territory shall be incorporated /
into the Union of the United States, and |
admitted as soon as possible, accord |
ing 10 the principles of the federal con-
stitUtiOn, TO the enjoyment of all the |
rights, advantages and immuni1ies of |
citizens of the United States, and in the 4
meantime they shall be maintained and /
protected in the free enjoyment of their
liberty, property, and religion which |
they profess
HARRISON ON THAT SIDE.
Here is a direct and solemn assurance
to the people of the Indian Territory
that 'as soon as possible, accordings 10
tine principles of the federal constital-
ton" they may proc5SSIs IN their own
way to create a state and ask of con-
gress to be admitted into the Union. In
a report TO the senate. on the admis-
sion of South Dakota. during the Forty
ninth congress. Senator Harrison Csinca
president of the United States) laid
down the true doctrine ON this subject,
as follows:
To deny TO the people of any terri
tory the right to assemble in popular
convention and to propose to congress
the admission of such territory. or any
part thereof. into the Union as a state,
IS to deny rights which we believe. are
guaranteed by the constitution. So
ong as the proposed state government
S only sUca and assumes no function
II an existing government, but awaits
he recognition Of congress, the proceed
ngs are justified by safe and abundant
precedents. and do Tot carry any sug-
sesttons OF a disiOySl spirit or involve
any danger of a conflict OF authority "
IN pursuance of this doctrine more
han dozen territories have formed !
and state governments
without enabling acts. and nearly that !
num- Der have been admitted as states
without any previous action of congress-
ermont, Kentucky, Tennessee Maine
Michigan, Arkansas. Florida, Iowa cal
Iornia ana Oregon Were thus admitted !
there coeS not appear TO have been any
hllfornltty Of proceedings in the stems
AIKEN by the several territories 10 s.
'1re statehood, nor has such unifo~y,,+v
zen exacted by congness in acting on
he question OF admission L-A-.,.,