The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-09-19

give place TO the following tersc com
municaiien, which presents the strong
est argument we have heard in the al
t;s1nutiye OF the question,
''Can Soldiers Yote?'
NR. EnIroR Under the foregoing
caption the las. Pioneer contains com
aunicaiion and an editorial article, oc-
cupying together more than three col
amas, and protesting to show beyond all
reasonable doubt, that soldiers cannot
vote. The correspondent says, it is 'ri
diculous' to suppose that they can vote,
and the editor SKIS, care men absolutely
mad, that they believe, or pretend to be-
lleye in sIch absurdIties J" Let US,
however, after all, agree that the ques-
ton exists, that II is worth discussing
at least to the extent of three columns
and that il is TO be decided by fact and
argument. and not by violent declama-
lion and eiamor. propose to occupy
moderate space in your paper, in oppo-
sition 70 the position held by Yourself
and your correspondent, Mr.. Harmin;
and, as my name will be made known TO
YOU, | claim that my statements upon
snili,ary maiters Of fact be received as
authoritative, | being u soldier Of ten or
twelve years service.
MIR. Harnin is in error with regard
To the soldiers contract of enlistment;
he says, "Not word is contained either
in his enlistment, or the oath thereunto
attached, which requires the the soldier
Ia support the Constitution Of the United
States, or the laws of Congress, or of
the State legislatures. Grant for a
moment that this is true, does Mr.. Har-
min mean to infer that the soldier is not
nader obligations to Support the Con-
>titulion of the United States, SC. 49,
Because the enlistment does not contain
such requirement, can we infer that
the requirement does not exist Does
the enlistment purpoit TO lay down all
the duties and obligations otthe soldiers!
But this is net the worst of the matter
Mr.. Harmln's fact Is no fact. The
enlistment does contain what he says it
does no, contain; 1t contains an obliga-
ton to support the Constitution of the
Cttttu StotcS, &C, III taeoc WUIu>,
And | do solemnly swear that ! Will
bear true faith and allegiance to the
United States OF America, and that |
Will serve them honestly aud faithfully
against ell their enemies or opposcrs
whomsoeyer.
Mr.. Harinin further says, "His the
soldiers contract and oath binds him
,to e. 4
the United States, and the officers ap-
pointed over him, provided those officers
are appointed according TO the rules and
articles of war" This is quite a mis-
take. There is no proviso in the case.
The rules and articles Of war no more
provide for appointing officers than they
provide for appointing the President
himself This is evident from the Ian
guage Of the oath, which is as fellows:
And ! will observe and obey the or
ders Of the President OF the United
States, and the orders Of the officers
appointed over me: according 10 the
Rules and Articles Of War" Now
these rules and articles are ia,r-acts of
Congress. Hence Mr.. Harmin can east
" see that the obedience required Of
soldier is military and legal obedience.
But in order. apparently, to get hi; con-
clasion, thaI soldier IS obliged 10 obey
erea an ,itegai ordo, Mr.. II. in his tenth
paragraph, and in protesting to quote
what have quoted above, m'rpoiaies
the word ''alI.' making it read "aH
orders "-and then inierring that the
Ger chooses to dictate
Inasmuch as you adopt Mr. Harmin's
two positions; LIST. Tha, a soldier is not
free, and I'd. That he is not a citizen,
within the meaning Of the law reply
to those two propositions is reply to
both the parties-and here il is neces-
sary 10 remark that the questions what
the law is, and what the law ought 10 be,
arc very distinct and dis,inguishahle.-
Now believe that il is not pretended
that the statutes of Minnesota anywhere
forbid soldiers TO vote-perhaps the
word soldier cannot be found in the
whole code. But 1t is maintained BY
remote and violent construction of the
word free" that the statute intended
~.
A good legal authority holds this lam
guage: 'The only essential division Of
the people is into aliens, adopted citi-
izcns and native citizens. 1t is not ne
cessary that the law should make any
other classification of the people, as in
TO the clergy and laity;. or into the civil,
the military, and maratime states: for
although the different vocations, which
these conditions imply, previil in every
civilized and Christian come unity, our
iaxs make no essential distinctions tn the
rsiaifre rights cr duties cf The individuals
q ehefa they are composed" Ii at the
moment of contracting with the govern
mcnt the man is entitled to vote, and if
there IS nothing ih that contract by
which he surreneers his right, then he
still rsiains the right, and you must find
s1'nc express statute taking it away
from those of his new class or profess
sion. Such a statute, when found would