The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-05-05
NO. IL.

of 1897 as applicable to the country norff-
west af the Ohio river. This guarantees.fo
all the inhabitants Of that regionth posses
sion of " the benefits of habeas carpus, and
trial by Jury. of II proportiorfafe represents.
ton in the Legislature, aud Of jts.sseial I,e6-
"eedmgs, according 10 the cours6 of HE
common law" We-are part and parcel
81 the people IL whom were secured thasa :
blessings, and a decision which would de- Z
|prive us of the right to be represented son
The floor of Congress would virtually annal
all these guarantees, AMI reduce society into
is original elements.
Icone now, Mr. Chairnau, tn the prsus.
dents cited in support Of my claim, and to
which the gentleman from North Caroiua
SO strongly objects, inasm,ch as. IN his0pin-
ion, they do not cover the present case
They are those of Paul Fearing and George
W. Jones. 1t i, admitted that the sfurllser,
elected as Delegate from the Northwest
Territory, appeared and took his seat
months after the passage of the act of Com
gress admitting Ohio into the Uaon, ansi
before any other new Territorial organiza-
ton had been efftrted. So far, then, Ohio
had a. perfect right to -end Representative
and Senators to Congress. That she did
not do SO, affects in no manner The merits OF
the question. She only declined, for good
and sufficient reasons, to exercise her ur-
doubted right. During this state OF things.
FIR. Fearing was IN his seat. TOT as the
Representative of the sovereign State of
Ohio, but Of the resiluuin of the North
west Territory. This is IA fact beyond con-
Ifradlcton or dispute. If Ohio had sent her
representatives., they would have been ad-
mtted without question. But it is said that
MIR. Fearing's right to a seat was not form
ally passed upon by the House. But we
know THAI the Committee on Elections re-
ported iayorably in his case, mud the fact
that he retained his station until The end Of
the session, is good evidence that the House
Iconcurred with the Committee in opinion,
In the case of the Hon. George w Jones,
now United States Senator from Iowa, the
circumstances, although not precisely SINH
lar, are sufficiently in point to give them
authority as precedent. Mr.. Jones was {
elected the Delegate from the Territory Of :
Michigan, and the State had previously
formed Constitution and sent its Senators
apdS Representatives here to demand adj q
mission. True, the act Of Congress admit
ting the State not having been yet passed. -
they were not formally received; hit Is IA.
nevertheless equally true that Mr.. Josfs
was elected by the people residing out Of
the limits of the State, and thar herep,s;l
scented the Interests of the residunia only
The inhabitants Of the State of Michigan
took no part in the election of that gentle
man. Serey. one or the other Of the above
cited cases must be allowed to he an exact
precedent, if both are not to be so .cabsfds
cred
Mr.. Chairman, the osas probandi must
rest upon those who deny the existence ot
distinct Territorial Government in Wiscon-
sin Territory. The fact that the erxsnic
law gave to that Territory certain privileges,
among which was the right to elect dele /.
gate to Congress, is undeniahle, and it is
equally certain that no subsequeat action of
that body abrogated any portion s,i that law
or dive-ied the people OF any Of these priv. !
iseges. The conclusion is moi to he cuutrt,-
seF,ed, that a law of Congress creating
temporary Government over norton. Of
The territory of the United States, must con-
tinue IN force, unless repealed l,y The same
Legislative authority. The division Of
territory is not the destruction thereof. Thar
portion formed into State, aud ada .it,pd as
such, has comi.eiiecd new palticslsexis-
tehce; but the residuu.n not being silT any
WISE affected thereby, remains sn.isr the
operation Of The ola law. Thees;,tiere IN
which each moves is well defined. and t:,ere
can be no collision. between them. The
very act establishing the Tetitorial Cow.
eminent OF Wisconsin. provides ttafEon.
gress shall have the right 70 .iivaIssix. INTO
two or more Territories at any tiiucsllssre-
after, if such step shonhl be ieei,eda ex-
peAient or necessary. II did so yiI1ualty by
the act admitting Wisconsin into The unior.
The honorable sgentlemnn froat Nerrh
Carolina has fallen into a gyiayous; error
when no asserts that during TIE sfifss 55trs.lc
of Territorial Government, thai, IA = hirh
the Legislative power was sesed-la abe Gov
ernor and Judges, the GOVERNMENT has hot
granted thenra Delegate in Congress; for
Michigan was entitled TO and WIS reprsss.sr.