The emigrant aid journal of Minnesota. [volume] (Nininger City, Minn. Terr. [i.e. Minn.]) 1856-1858, 1858-01-27
Are we a Territory or a statee

are we n TERRITORY or q State?
We were one of those who from the first steps taken
by the people Of Minnesota under the schedule Of the
Constitution, argued that they were placing themselves
IN q false position. The Constitution is now very gene
rally agreed to be a defective one in many material
points, and late news from the East goes to prove that
the action of Congress will probably place us in the
Light of a people without any legitimate government.
In this country there are but two forms of govern
mental existence, viz, State and Territorial. The origi.
nal colonies became independent States by the successful
termination Of the Revolution, and combining together
formed the United States. They then made provision
Tor the organization of settlers on their lands as Terri.
tories, and for the admission Of those Territories when
they attained 4 certain population into their own ranks
as States. There Is therefore no middle poiu: u exist
ence. The creature is either 6sh or irog--tbere is no
tadpole about it. 1t must either De one thing or the
otter;-either the dependent I erri;ory-an otfshoot Of
the General Governments sort Of self.created colony
~or it must be the State recognised as d part of that
General Governments brother in he brotherhood.
What is necessary to the change from 5 Territory tot
State First, an sevuieseencc by the people of the
Territory ; secondly, an acquiescence by the Congress
Of the United States. The applicant for membership
must FIRST express his disposition to join, and next the
III u Il CGtlttg uUSt hote iOf hin aANltSeioA'
The Enabling Act of Minnesota was nothing more nor
less than 8 direction TO the people Of this Territory to
say whether they would become one of the United
States, and by the vote on the Constitution they have
said they were willing so to do. The second step has,
however, not yet been taken. tBarkis is willing but
what does the Congress of the United States say? So
far, nothing. In the meantime the applicant is assunl-
ing ali the rights and duties of membership. He is
wearing the regalia and giving the cosntersign. The
Legislature Of the State of Minnesota, as one Of the
Sovereign States of the Union, is busily engaged at St.
Paul passing laws intended to be binding.
Suddenly comes the news from Washington that q
long and fierce contest is about to ensue in Congress in
regard to the admission of Kansas, and that the South
will oppose the admission Of Minnesota. The former
Territory comes before the government with two Con-
stisutions-the first, the Lecompton Constitution adop-
ted on the 2lst December last, containing 2 Pro-Slavery
clause the second, the Topeka Constitution adopted on
she 4th inst, aud containing az Anti Slavery clause
and both Constitutions claimed by their respective advo-
Gates to represent the majority Of the people Of Kansas.
Al the same time up come Minnesota and Oregon, both
Free States, and claim admission. The South enters
.he arena in her last battle for power. Ii three Free
States are to be crowded upon her at once, and six
Ne!atIS duueu " 7 pIeSSHe ODpcISHt> III ~ hSAOi
House, her prestige and her influence are gone forever.
1t is now neck or nothing with her. And who can
doubt, looking at the history Of former contests, that
the struggle will be a long and bitter one-one OF life
snd death. And does it not seem highly probable that
our devoted State and her unpaid representatives will,
in the meantime, remain interested spectators of the all
absorbing conflict.
What then becomes Of our State Legislature and of
those laws that ii was supposed some future nunc pro
.anc action would have made valid: Like the bat in
the fable, We will be recognized neither as a beast nor a
bird-neither as a State nor q Territory but as a sort
of anomalous creation floating midway between each
. something very much like the Kentuckian hero,
shalf-horse, half-aligator, with a s~prinkling Of swapping
surtle.'
Oar view of the matter is confirmed by the paragraph
published in our last, stating that the Territorial
Court at st. Paul, refused to recognise the State Court,
On the ground that there was 10 State Government until
rye were admitted by Congress. Certainly If this Is
sound law, az applied to the Judicial branch Of our gov
arnment, it is equally sound as applied to the Leglsla'
tive and Executive branches. In fact the matter is toe
plain TO need argument. We must be either q Terri
rory or q State. We are not a State, We are therefore
. Territory. If we are, in the commissions Of the Gene
raj government, TJecN", iuVo "h"t Posi'fon "o VIZ
thrown Certainly not in the position of a Free State
,or we could only be free by exercising jurisdiction OFT
SIDE %: aud consequently in opposition to the Unito6
States the position now held by Utah, and one TIA
cannot be legally taken while occupying the Territories
II tho Union-in fact cannot be taken at all withou
rebellion and outlawry. What other position remains
That from which wo came. The position Of puPilag
and ~wardship to the General ~Government-the position
Of a Territory. And as we retire into the shade of co
ionial life, we leave behind us the brilliant trail of gu
State enactmeuts, redolent and savoring with the wis
dom Of our rulers. Verify, communities as we'll as in
d;yiduals count their chickens before they are Matched