Arizona republican., 1906-01-17

taught to believe that any other law maker than the people themselves is necessarily a tyrant. and laws so
 made tyrannical edicts against which
 it is patriotic and heroic to rebel. Then follows recital of the admit ted powers of congress. and the justi- liable reasons for the establishment of d temporary territorial government.
 But" says the governor. While they
 may be denied self government as complete as that which the people of a state enjoy, they are not withdrawn from the principle of the American doctrine that the just powers of gov enment are derived from the consent of the governed" Continuing ne says, the bill defeated last session vio- lated this principle and he proceeds to show in what manner. In respect of the provision for the adoption Of the constitution by both territories, which ! is treated at length. the governor con cludes, If we should not go to the polls We are presumed to assent; if We do go to the polls and are over whelmingly outvoted by the New Mex jeans, We are bound directly against
 our consent.
 To illustrate tle governor submits a hypothetical proposition for the ] jointure of New York and Massachu- setts, one with q greater population than the other, by a joint vote of both. Then he says:
 'The answer to the proposition to effect the junction of New York and | Massachusetts in the manner proposed for the junction of New Mexico and Arizona-that it would be unconstitu- ! ItiOnal-wOuld, in legal contemplation, be conclusive. That it would be Im- constitutional must be admitted. But the answer simply reverts us to the in-
 quiry as to why the constitutional in hibition was inserted; and the answer | to that is that it would be unjust to compel such a junction without the as | sent of the people concerned. In short it is not unjust because the Constitu- tion inhibits it, but the Constitution l innibits it because it is confessedly ! unjust. And in proportion as We lose sight of and ignore this distinction we are apt to depart from the correct | theory and practice of just and wise government. It doubtless will be ar gued at once that the constitutional
 inhibition cited is not applicable to
 the Territories; that, in terms, it ap- plies only to States. That 1t does not | apply to the Territories by strict con- structiOn is not important. The broad doctrine that the just powers of gov ernment must be derived from the l consent Of the governed finds in this | constitutional provision a specific ap- plicatiOn-that is, that the separate | peoples of two states shall not be sub tjected to a government to which they
 do not separately consent. And that
 doctrine has no rational or just Iini-
 tation by any refined distinction be-
 tween a State and a "Territory" | The "State" and the Territory" may l import different forms of government. but they are both distinctively and es- l sentially American, with all that term | implies"
 ''The power Of the federal govern
 ment to govern any people, says the
 governor, whether of the States or of the Territories, is either expressed in the Constitution or is one inherent in | all governments. If it is an inherent
 one it can not, notwithstanding it's
 being extraconstitutionaI, be exercised in cOntravention of the will of the peo-
 pie or of the spirit of the Constitution.
 If it can be an expressed constitutional power it must be exercised with com plete regard for the rights of Ameri-
 can citizens.
 The report further says: "The so-
 lution of the situation is easy, in con-
 sequence with every principle of jus tice. If Arizona possesses the qualities necessary to the establishment and maintenance of a State government, ne should be admitted. If she does lnot, then she should not be admitted, and her right should be held in abey-
 ance until she does acquire them; and the question ought not to be deter mined by the question of the admission
 or exclusion of the other Territories.
 or any of them, any more than in 1850 the admission of California should have been made to depend upon the Organization of the Territories of New
 Mexico and Utah. If again, it seems
 to congress that the welfare of the na-
 ton would be better promoted by the jointure of New Mexico and Arizona
 and the creation of one State out of
 the two Territories, the simplest and
 the only just plan is to provide for procuring the assent of the
 Arizona would be inhabited by a strange people if they did not want
 statehood, and want it earnestly, and
 strive for it zealously. If they did not