The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-05-12
Section Five Of the Organic Act of Min
nesOta.

dents of the unorganized domain of the
United States, are known 10 the Federal
q government only as inhabitants. The re-
laiion Of citizen is not yet recognized; for
II is inchoate. 1t requires an act-at least IA
primary act of self government by the in
habitants themselves of such domain, to
create any relation of citizenship with each
other or towards any others. 1t is an metro
ate relation. The idea OF featy, of allegi-
ence, does not attach, and is not cc,utempia.
ted in an uuorganized territor,; for until
there is organization there is nc legitimate
government, and until there is government,
no feaity Is due and ne allegiance demanded
An organic act prr1-supposes anarchy and
s"pposes new political formation of orig
maj clements. We do not say that this is
always literally true; for people who re-
any nave no legitimate, recognized organ
'~au"h-wh > are politically ainputated-
may act III accordance with law and reason
-oe thy may establish a sort of provision
al go'.ernrnent and still be theoretically in ii
state Of anarchy; but we do say that this is
tiAe theory upon which Congress has always
acted, IN regulating the process OF territorI-
al organization, III training every organic
ACT. 4 here it is, that in eUerg organic act,
the word citizen, which conveys The idea OF
allegiance, Is studously avoided, and the
NH
dweLer, IN prescribing " hat residents in d
territory may constitute the elements of ii
primary organic formation to elect Il legis-
lature Tor lis own government is uniformly
adopted. 1t is ode novo" process. Ii
regards all white male adults as being born
free aud equal. 1t Is a sort OF declaration
OF human rights, Il charter for each infant
territory, dating prior 10 allegiance ITSELF
iahaOitGnts Is The word; mark that. TO
proven, any doubt, and iii the exercise of IA
most reasonable restriction, Congress pre-
scrIbes what inhabitants only, shall vote al
the trst election. First they must be inhab-
itants, which precludes the possibility that
Congress neanr they must he ctizens.--
Second, they must be free Inhabitants, for
IL moi tree they are chaitels, and the act is
one for organizing a government Of men
aud not OF things. Third, they must be
white inhabitants; for Congress does not
deem II polite to incorporate negr"es INTO
tho 1edy i'"iisi.. four,h!y, they fnust be
male IDhabiiaats; for Congress deems it I'M
seenly to invest the laiiieS CT Il territory
with the political unmenlionabies These
are all the tests--all the restrctions--al the
qualifications ever imposed or required by
Congress at the organization or primary
election of any territory. These are prac-
ticable tests; but if you make citizenship
the test, vino ls 10 determine in for lbe law
does not Jet contemplate the existence OF
any tribunals. 10 apply the proyiso at the
end OF the fifth section, to the first half of
the section would make 1T mean---"the leg
islature not yet elected, mag determine who
shall vote at the election which is TO elect
the legislature itself, providing the inhab:s-
ent voting is citizen, or has takeu the
oath OF ailegience IN open court, not yet
organized" No! The first part OF section
five, to the end OF the word territories is
clearly an indefinite, distinct proposition,
that al the first section, " hch OF course the
legislature could no, provide for EVERY FREE
WHITE, MALE INHABJTANT, WHEREVER HE
WAS BORN, May VOTE. For all SUBSEQUENT
clecfi0nss the legislature must provide: the
legislature might even permit tree negroes
TO vote, being citizens. On the power of
the Legislature over this subject, the act
Imposes SIMPLY one restricriom-that is, that
all voters must ue citizens or be made citi-
zeiis ln a Certain manner. 4 his is ali iIn-
Portant change OF qualification resulting
from tho act OF organization. IL is briefly
thus: "iDhdb.iants may vote at The trsi
election, but afterwards only citizens; for
after the hrst election only is citizenship the
oreticaiIy recognized" Then is defined
the first outlines oi' a State--lhe relation of
governor and governed is created.
he FIST election Is like village raising,
10 Which every one Is ins.ted-the next i
INK tea party at the fine house OF, |, yillare
haooD' When eomp!eted-not every ole Cal,
come I'D 1t ne DC ''good lookiig''-not at a
regular tea party, OF course. All must be
regularly invited, Or receive tickets in order
20 nave every thing go on as regular as a
tee party.n
90 The Hon. Robert Smith Of Illinois.
erris ed al ST. Paul on the 9th inst, OF, the
steam boat DR.. Frauklnn No.2. Mr.. Smith