The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-02-06

of the committee, the following remarks
were made:
Mr.. Trask.-I do not rise, M Spes-
ker, to reply to the yoluminous legal err
gulnents Of the gentleman from SAINT
,,Paul Mr. Rice1 with swisieh-he has en-
tertained US during the past two days.
In fact, it is well known that | tnIinca-
pable of undertaking any such task.
Neither do / believe the decisions Of
courts elsewhere have anything 10 do
with the question before us. Tie law
Ivf Congress organizing our II rsitery,s
and the laws Of the territory Itself are
what we sit under. Congress HIS crea-
ted this territory and defined its b0unss-'
ries Il and until theresis adjddicss ion by
the proper tribunal upoE the ,oonstsu~
tionality of the organic act. and 1t IS
pronounced unconstitutional, We haye
no authority to so regard it. Hess
Mr.. r. read the fifth section Of the Or
ganic Act, and the law Of Minncso IN
regard to the qualification Of voters, 10
prove that all the citizens Of the terrific
ry were rightfully entitled to represen-
tation. BY this, it will be seen, Mr..
Speaker, that no distinction is made be-
tween voters in the Indian country. end
those on ceded lands. Certainly, a man
cannot lose his citizenship by residing
on the other side of the Mississippi
Members held seats last year from that
portion of the territory, and their rights
were never questioned. Our delegate
| in Congress resides upon the unceded
lands and the question Of his eligibility
has never been raised in the national
legislature. Thus it appeurs, there Is
no authority, so far as our own laws are
concerned, to deprive these members Of
their seats. There can be no doubt OF
their election by majority of the voters
of their district. Their certificates from
the Secretary of the Territory, also
prove that the returns were made IN
conformity with the following resolution
of the last legislature: Reao resola
tionl 1t is contended that the Cover
nor, under this resolution, should have
proclaimed them duly elected. This [
do not conceive to have been al all ne
cessary. The act of the Secretary IS
the act of the Governor in this, as well
as all other instances of this character.
The Governors official acts are all at
tested by the Secretary. The members
from Washington county came here with
the same kind Of credentials, and yet
their rights have not been questioned
R* &asx
| do not, Mr.. Speaker. take this view
of the question from any party or fac
tional feeling whatever. II is well known
what am politically. If the gentleman
from St. Paul, Mr.. Rice or any other
gentleman, presumes that / vote for the
retention of these members for the pur-
pose of carrying out any particular PLAN
or measure, they are very much nlisia-
ken. All exciting questions yet decided
by this house have stood upon their own
merits, and l presume this and others
that may come after it, viii also be thus
decided. -
/ Mr.. Rice.--I wou!d inquire Of the
gentleman If he understood me rs say
ing this question was any part of
scheme, political or otherwise to be
carried out If he did, he is entirely
mistaken. ol
Mr.. Trask--Inasmuch as the gentle
man inferred at the outset OF his re-
marks, that he supposed members
minds were made up, and no argument
of his could change them, came 10 the
conclusion he regarded this as part ct
certain bargains we have heard SO much
OF. went in; over year age, for an
organization Of the Democratic party of
Minnesota. The gentleman from Saint
Paul was with me then, heart and hand
Some months subsequently,, / came to
this place for the purpose of assisting ny
brother Democrats to nominate demo
cratic candidate for Congress to oppose
Col. Mitchell, who is Wing ] found
that gentleman opposed to me on that
occasion. He was ardently supporting
the only Wing candidate in the field ]
have now come to the deterpinatio IiJ5i
again to be a leader in any party or
ganization, until / am convince il VII
amount to something more than the for
mer one did.
Observation-Disclosures will confine
!. themselves TO the question before tie
House.
Mr.. Rice.--I hope no party or fac
tional considerations vii! govern any Of
US in voting upon this question an
, certainly not actuated by any such me-
tives. The gentleman thinks thar even
if the law of Congress be uncons,ituiiou-
al, it is not our province to decide upon
its merits, inasmuch as we are neon
! petent. / hold, Mr.. Speaker, that every
member is bound to consider the ons.i-
, nationality of every question that ARISES.
Does our oath to support the cors5Iou-
ton Of the United States mean noshing
have heard the case Of Oregon cited 10
prove the legality Of representation from
the Indian portion of our territory. IL
is said there is not a foot of ceded land
in Oregon, and yet she has fol terri
toriai organization. Very true bat
are the cases similar 1t is evident
from the Legislation Of Congress that the
government does netsregard tho validity
of Indian titles in Oregon Here Tie