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


soldier TO exercise his own free will whether to |
go to election or TO remain on duty-and that if
the soldier were 10 go election against the will
Of his commanding officer. he would have but
little discretion TO exercise, whether not to go
| to the guard house cor it. If the commanding
officer could not say how soldiers, if voters.
should vote. he could say how they should not
vote, by keeping then, on parade-a method
which might be Just as etlectual in deciding an
election, wiihout violating the articles Of war
articles, with which the rank and file have rery
little TO do. 4 law without reason, is generally
resolved at last into no law at all. The reason
what is the law, As law is the perfection Of rea-
son, construction of law contrary TO reason,
would be a construction contrary to law. We
speak not of positive, specific enactments, but Of
such laws as admit Of enquiry as TO their real in
tent. Now, we do not aver that the mere act Of
enlistment, Of itself, positively disqualifes man
from voting; but only that there results from the
relation of The soldier, to the military power
which thenceforth determines where his body
shall be, an impossbility of his acquiring right
to vote, by virtue of his remaining, however long,
in the same place.
A few lines from Washington, may, it is true,
make a vacancy in the office of Post Master in
ST. Paul, or Marshal of Minnesota Territory: two
lines, might not improbably suspend those two
lncumbents; the fear Of two lines, might induce
them into retirement; but no ten lines, could pre-
ciPi,ate them upon the frontiers of Mexico, against
their own free will. A Wing cotton factory, may
dismiss all the hands in it, that vote the Loco Foco
ticket but no factory can remove these hands
out of the precinct or State, as the cotton lords
often find out to their great discontinue.
That the soldiers right of suffrage is inherent
as any mans, Is true; domic and his fran
chise revert to him, wherever after enlistment,
he marched away from them, under the command
of his officers; but he can no moro while enlisted,
gain a residence and be entitled thereby TO vote,
than if he remained but single day at time in
the same State or Territory, because it never de-
ponds in the slightest degree upon his own roll
tion, whether he will remain in any place, for
day. To say that he has q hope, or wish, or
expectation TO remain, is not the test; but has
he the porer, coupled ioita the Intention TO re-
n,aia-that is The question To this extent, which
is needful TO our argument, and 10 further, do We
urge that the soldier IS not free. Whatever else
there is Of servl,ude in the Army. we urge only
against the policy and reasonableness Of trying
to unite two things so ncongruous as the ba Hot
box and the cartridge box.
We lay no stress upon the mere fact that SOL
: dIers are exempt from sitting juries; but we
do say, tina, if the Legislature has not enamera,-
ed soldiers in the classes Of citizen voters exempt
from service on jures, there is reason for it !;
and the fair, legal inference is, that the Leg isla
ture never regarded the soldier as citizen voter
or in enumerating clergymen. hysicans and 9TH
er citizen voters who are exempt from juTies BY
reason Of incompatibility Of duties, soldiers would
have been enumerated. If soldiers were emu
merated III the classes OF citizen voters who are
exempt by statute from the jury box, the implica-
ton would not be stronger that the Legislature
regarded soldiers as citizen voters, than the con-
clusion is inevitable, that the Legislature did
not regard them citizen voters at all; that il
was needless to exempt them, because they were
never included in the class OF citizen voters out Of
which exemptions were TO be made
We have never sand that every voter is neces
sarily eligible 10 every oifice-ihat no man how
ever young, can vote for Governor, unless eigi-
ble himself. 10 the same office; but we do say,
that every lawfa voter is eligible to some office
10 any office from which he is not excluded BY
some positive restriction Of the sta tu,e or pro
VISION Of The Constiiuiion-in regard to age,
alienship, or property, or some other matter de
fined by the law making the exclusion.
AS TO the parade which correspondent makes
above, Of the long tailed Continental Army, it
will be quite time to reply TO all that, when ii ap-
pears that the Continental Army, stationed in
New Jersey, or elsewhere, took upon itself the
business of regulating the politics and elections of
the States where they happened TO be stationed.
Our correspondent argument above, about the
soldier intention to remain, not TO remain in
the Territory, do not consider serious. A citi-
zen, hds q legal intention, ana q soldier mas
not That is all that need be said on that subject.
So the whole argument abou, the relative slavery
Of all mankind. for the invention of which very
wise sophism the world is indebted TO the nge-
nui,y Of Mr.. Calhoun, who wound up with the
conclusion that human freedom is humbug, i'm
poses upon no sound, candid mind. For the real
fact exists, after all that while one human being
has free volition TO 60 where he will, another has
not. No metaphysics can mys,ify that plain fact,
very much. In regard TO what is above said about
the taxation Of soldiers, understand the differ
ence to be wide, betwixt personal tax and
real estate tax for the collection Of the latter,
is enforced by proceeding in rem the owner Is
not known inquired for. He may be bury
Enclishman whe has invested here, without ever
leaving England; but when it comes to personal
or poll tax, the law enquiries into the legal resi-
dence, the locus Of the tax-payer-and it gives
81, olo e., a.