, namely, a Marshal and an
Attorney. Both were appointed by the President of the United States for
a term of four years.
At the National Capital the Territory was represented by a Delegate who
was elected by the people for a term of two years. The Delegate was
entitled to a seat in the House of Representatives where he could
participate in debate but was not allowed a vote.
One of the most significant sections of the Constitution is the fifth.
It provides "that every free white male citizen of the United States,
above the age of twenty-one years, who shall have been an inhabitant of
said Territory at the time of its organization, shall be entitled to
vote at the first election, and shall be eligible to any office
within the said Territory." Thereafter the suffrage qualifications were
to be determined by the Legislative Assembly; "_Provided_, That the
right of suffrage shall be exercised only by citizens of the United
States."
Although the Organic Act of 1838 was almost a literal copy of the
Organic Act of 1836, the following differences are worthy of
observation: First, the term of the members of the Council was changed
from four years in 1836 to two years in 1838. Secondly, the term of
Representatives was changed from two years in 1836 to one year in 1838.
Thirdly, the term of the judges of the Supreme Court was changed from
"good behavior" in 1836 to four years in 1838. Fourthly, by the Organic
Act of 1838 the judges of the Supreme Court were required to
reside in their respective districts. Fifthly, the salary of the judges
of the Supreme Court was reduced from eighteen hundred dollars in 1836
to fifteen hundred dollars in 1838.
Reflection upon the history and provisions of the Constitution of the
Territory leads to a few general conclusions. First, this Constitution
was written i. e. codified. In the second place, it was an act of
Congress. Again, its provisions represent political evolution in
Territorial government up to the year 1838. Furthermore, government in
the Territory, though subordinate, had a wider sphere of activity under
the Organic Act than has ever since been enjoyed by government under a
State Constitution. This is true, since the Legislative Assembly and the
Territorial courts exercised to a considerable extent the
customary functions of both National and State governments. Still
further, the President of the United States was in theory the head of
Territorial administration, since he had
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