The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-09-04
the circumstances under which Indiana

1 of the house and TOOK his SedA the IiTs
| day of the session, Dec. 2, 1916, an
doubtless was present and voted 70
| the bill admitting Indiana as a STATE
which passed the house unanlInousl
on Dec. 6, of that year, and became
| law five days later. Presidential cleo
tors were chosen by Indiana in the IA
OF 1916, and the vote of the state wa
counted"
COURSE OF TENNESSEE.
The Tennessee case affords a con
spicuous precedent concerning tn
right of the people to take primary &C
ton in forming a. state government
The convention to form a state consti
tuition assembled at Knoxville, jan II
1896. The following from Hough'
American Constitution, (vol. 2, p. 21s
shows the course pursued by the con
vention:
"a committee Of two from each count!
was appointed to prepare constitu
ton A bill of rights was reported OF
the 18th day Of January, and a form
of government on the 9th, by DAME
Smith, chairman Of the committee
Their labor being completed on the 9Th
Of February an engrossed copy was
read and passed. On the 18th an en-
crossed copy was forwarded to the
president, with a notification that or
the 18th day of March, at which time
the legislature would meet to act or
the constitution, the temporary gov
eminent established by congress would
cease"
TENNESSEE BOLDENSS.
This notification, with accompany
ing documents, was received by the
president Feb %, and laid by him be-
fore congress on the Sth Of April.
Notwithstanding this bold and indie
pendent action on the part of the peo-
pie Of Tennessee. neither President
Washington nor congress objected, and
on the 31st of May the bill admitting
Tennessee as a state was passed. The
debates on the bill can be found in the
fifth volume of the annals of congress.
Mr.. Madison, Mr.. Macon and Mr.. Gala
tin, three Of the most eminent states
men of the period, spoke in favor of ad-
mission.
STATESMEN OPPOSED TT
The inhabitants of the district of the
country, said Mr.. Madison, were at
present in a degraded situation; they
were deprived of a right essential TO
II OiiO i4SAl VI RIA4-5 ANpA ~-SC4AlO0
in congress
Mr.. Madison said there appeard to
him only two things necessary to be
inquired into: First, was the new gov
eminent republican? IT appeared to
him to be so; and, secondly, were there
60, coo inhabitants in the territory? It
appeared to him there were; and if so,
their admission as a. state should not
"a dar &C off Int OH
Mr. Gallatin went still further, and
asserted that the people OF the SOUTH
western territory became ipse facto a
state the moment they amounted to Co.
900 inhabitants, and it became the duty
of congress, as part of the original COM
pact, to recognize them as such, and to
admit them into the Union whenever
they had satisfactory proof of the fact.
One hundred years have elapsed since
Tennessee became a state, under the
described, but the Lam
guage used in the debate from which
have quoted is equally applicable to
the rights and condition of the five times
sc, 900 people now residing in the Indian
Territory.
MICHIGAN AND CALIFORNIA.
Michigan formed a constitution and
state government in 1885, without any
previous action having been taken by
congress. The state government went
into operation before the act Of admis-
sion was passed. Some controversy
ensued as to the validity of this action,
but on June 10, 1886. congress ratified
the same and admitted the state. In
the debate IN the senate, Mr.. Buchanan
said:
II H.
fable, but if there IS anything wreng
Or unusual in it, it is to be attributed
TO the neglect of congress. They have
been forced TO take their own course,
and stand upon their rights-rights Sc
cured to them Gby the constitution.
California is another important prece-
lent No territorial government was
ever established there. The constitu-
-ional convention was called by General
Riley. military governor, and the state
government provided for was inaugu-
-ated in December, 1919, though the bill
'or the admission of California did not
become lay until September, 1850. In
| report to the senate, Mr.. Clay said:
There are various instances prior to
he case of California, of the admission
# new states into the Union without any
previous authorization by congress. The
'ole condition required by the constitu-
ion of the United States, in respect TO
he admission of a new state is that its
constitution shall be republican in
orm."
CASE OF ARKANSAS.
Referring to the case OF Arkansas,
dr. Harrison, in his report to the sem
tie on Dakota. said:
,r-r
o initiate proceedings to form a consti- |
ution and state government was elah-
rately discussed in both houses Of con-
'ress. The right TO take the initiative, |
s she (Arkansas) had done. was de |
ended by Messrs Benton, buchanan, |
iorris of Chic, and others. The vote |
pom the passage Of the bill in the sem
te was taken April 4. 1886, shows 81 in |
he affrnsa tive. TO in the negative"
In the house John Quincy Adams
the admission of Arkansas.
nd asserted she was entitled 10 admis-
ion by virtue of the provision Of the
reaty with France for the acquisition
louisiana
BIDS THEM Go AHEAD.
I might refer to many other prece-
ents 10 justify the people Of the Indian
erritory in taking primary action IN /
ne establishment OF local government
tut l think the cases cited are sufficient. .
is clear that the terms Of the Louisi-
ma purchase gave TO the people VINO
light thereafter occupy any portion Of
lie coded country the right 70 form a
tate government, upon the only condi-
on, that they should he republican |
form. The Indian Territory is
art OF the Louisiana purchase. She
as population OF 100000 American
items They are not only without a
overnment for the protection of life.
oerty and property, but. n Tire Ian |
lage Of Mr.. Washington. n the Ten
sSsee case. ''they are deprived OF a