Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1854-07-25


War advices of startling Importance.
"IRREvOCABLE AND EXCLUSIVE RIGHT OF
wAYw
The Mnnesotian, in its issue of the 18th, after
endeavoring to prove that the Minnesota and
North Western Railroad Company "a mere nomi-
nal name) was fully entitled to the lands recently
granted to our territory for railroad purposes,
and that, too under the charter passed at the last
session of our Legislature, clinches the matter in
this wise:
"They (the company have the irrerocable and
exclusive right Of way over this route, guaranteed
to them by their charter, privilege which they
will not, we should imagine, readily yield-land
or no land.''
Now we propose to examine this matter and see
how far the Minnesotian is correct, and where it
gets it's authority for this broad assertion
Granting, for argument sake, that the company
is legally organized, how came they entitled to
the land? ''By their charter" says the MINES
otian. Very well; let us see. Here is the 9th
section of the organic act of Minnesota. What
does it say?'
Sec. 6. And be it further enacted, That the
legislative power of the territory shall extend to
all rightful subjects of legislation, consistent
with the constitution of the United States and
the provisions Of this act but no law shall be
passed interfering with the primary disposal of
the soil; no tax shall be imposed upon the prop
erty OF the United States; nor shall the lands or
other property of nOn-residents be taxed higher
than the lands or other property of residents
All the laws passed by the legislative assembly
and governor shall be submitted to the congress
of the United States, and if disapproved, shall be
null and of no effect.
Mark the language-s'No law shall be passed
interfering with the primary disposal Of the soil'
When was the charter passed Last winter
When was the bill for the grant of land passed
In June subsequent. How many months had
elapsed after the passage of the charter before the
passage of the bill through Congress? Nearly
four months. Does not therefore the charter of
last winter, if it is not a dead letter, (Which we
claim it is) ''nterfere with the primary the first)
disposal Of the sOil?'' Most assuredly. Con-
gress disposed of the soil (or rather gave it in
trust for the first time to Minncsota) ON the 29th
of June, 1854, the day the President of the Uni
ted States signed the bill. The Legislature of
Minnesota gave it absolutely to an unorganized
company four months preriousto receiring ii from
Congress! Would the Mnnesotian make the act
Of Congress subservient to the act Of our Legis-
laturc? If so, then the lands belong to the Wall
street company but if it would make the act OF
Congress paramount to the act Of territorial
legislature, then it must sec, and every school
boy must see, that the old charter is as dead as the
loss of vitality can possibly make it. How ther
do the company possess ''the irrevocable and ex-
elusive right Of way over this route'' under a
dead charter? Tell us that, Mr.. Wisdom. I'm.
dcrstand it. We claim that the charter is null
y from the fact that it attempted the exercise ol
power which it was forbidden to use. And here
are forcibly reminded of that portion of Scrip
ture, where Satan takes the Saviour up into the
the high mountain and tells him that he will give
him the whole world, if he will but fall down and
worship him, &c.
But there is another view of this Natter
Please read the last clause in the 9th section, viz
All the laws passed by the Legislative Assembly
and Governor, shall be submitted to the Congress
Of the United States, and if disapproved, shall
be null and of no effect" This is plain language
Has that charter ever been submitted to Congress
for its approval or disapproval? If it has, where
is the evidence, and if it has not, where is its
validity? The idea that the charter passed last
winter is in force, and that under it the men who
illegally organized themselves into company in
New York ", can hold the lands granted to
Minnesota for future Legislative action, and have
C the exclusive right of wy over the route" is
sheer nonsense, unworthy the most stupid "petti-
fogger, or any one else who lays claim to common
sense.
The Minnesotian adds "They, (the company,
know precisely where to lay their hands upon the
money to build every mile of the road" We
should like to know if the 100000, which Rob.
ert Schuyler recently appropriated for railroad
purposes, is portion of the funds which is tc
build the road? If SO, the road will probably be
constructed Immediately.