The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-18
Gen. shields Letter 70 the Gated states
Senate.

At the time Gen. SHIELDS presented his
credentials TO the United States Senate, by
the hands OF Hon. JoHx j. CRIrEspEx, he
addressed the following letter To Mr. CRIT
ESDES, to be presented in connection with
his credentials, explanatory Of the position
he assumed, in demanding his scat az a Sen.
ator from the State Of Minnesota
WASHINGTON, Feb. q, 1858.
SIR: ! beg leave TO Offer few reasons TO
show that Minnesota h one of the sovereign
States Of this Union. Ny first proposition
IL, that there arc only two forms Of political
organization under which community of
American citizens can legitimaiely exist
within the Jurisdiction aud under the Con
stitution Of the Unitel States. The one is
the organization ola Territory of the Mon;
the other that OF state Of the Union
These are the only d.terminate shape into
which political communities can be moulded
under our Constitution. Each has its ap.
propriate place in our federal system. a
community Of American citizens living I'M
der territorial Organization il in direct and
legitimate connection with the Federal Gov
eminent. That same community transform
Cd into State, is also in legitimate coDnec.
ton with the Federal Government. In the
transition from Territory to State, there
Is no point Of time at which this connection
can by any possibility be broken. The ter
ritorIal government continues in full force
until it il superseded by State Govern
ment; and whenever tic people constitute
themselves ia"saiiy into Ii STATE. il L. eo N
danfe, state Of the Union. There is no
such political anomoly rs State out of the
Union, or not yet in tho Union. These or
roncois terms have been applied to vaguely
10 communities whose condition il not easily
determined, that the public begin To think
there must be some intermediate provisional,
probationary state, in which communities
are sometimes kept on their passage from the
condition Of Territories to that Of sovereign
States OF the Union. California was de.
nominated, not many years ago, a State out
OF the Union. Minnesota is, suppose. at
present considered State not vet in the
Union. or perhaps, a provisional State
Certainly the representatives Of Minnesota
are at present in provisional dilemma, not
knowing whether they represent a State in
the Union or out OF the Union.
now beg leave 10 refer you 10 the law
of 1881. authorizing the people of Mnneso-
Ia to form State government. The first sec.
ton contains the following language: The
inhabitants of Minnesota are hereby author
tza.l IN form, E,r tI.,...i.,x. -
and State government by the name of Min
ncsOta, and TO come iato the Union on an
equal footing with the original State &C.
cording to the Federal Constitution. Here
the authority is absolute and unconditional
First, to form a constitution and State
government; secondly, to come into the
Union on an equal footing with the original
States. Authority to make a State and
authority to come into the Union. No Ian
giage could be more positive, no authority
could be more plenay no act could be
more determinate. The people have per
formed their engagements IN good faith and
they have right TO expect u like compli-
ancc on the part of Congress. These en-
gagemcnts. too, affect the most sacred OF all
political rights --thc constitutional rights Of
IA sovereign State. The third section of the
Minnesota enabling net strengthens and cor.
roborates this position. 1t provides that a
convention of delegates shall assemble at the
capital Of said Territory IN the second Mon
day of July reyt, (is57,l and first deter.
mine by a vote whether il il the wish of the
thepcope of the proposed State to he al.
mittci into the Union "at that time. H.
Mark the language not thereafter not
upon the happening OF any future contin-
gency but at that tine" to-wit on the
second Monday in July, ,sj7 and if So"
that ia, II they shall So determine, shall pro
coed to form II constitution, and to take all
necessary steps for the establishment of a
state government in conformity with the
Federal constitution, subject to the approval
and ratification of the proposed State.
Here two things are 10 be- specially OBJ.
served 4: first, the determination to become u
State nj that time not the determination at
that time to become a STATE. but a State at
that time. Second. the submission 10 the
approval and ratification Of the people
When was Minnesota Ia become a State?
At that time. How was her constitution
10 he ratified : by Submission to the pe,-
pie. She has compiled with every require
ment She entered the Union at the time
prescribed her constitution is ratified in
the manner prescribed ard yet she is now
as completely postponed and ignored as il
she had diSrcgariei all her obligations
Permit TIE TO cite two presidents, which,
hope. will prove conclusive in this case, In
lSU2, All enabling act was passed for Ohio,
somewhat similar to. bat not so decisive a.
the Minnesota act The authority given
was 10 form constitution and State gov
erumcnt; and then follows this language
The State. when formni, shall be admitted
into the Union on an equal footing with the
original States" This was then considered
an authorized admission Of the State. and
the only act OF admission tina, ever took
place in the case OF Ohio and that State is
now in the Union under and by virtue OF the
authority OF that enabling act.
The enabling act IN the case of Indiana
I'll, f,it -.