The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-03-23

should refuse to accept the charter; and it
was not only thus formally brought to the
notice of Congress, but was discussed by it,
and Legislation was had, with especial refer
ence to it, and the company incorporated by
it. That was the time for Congress to ex-
press its disapproval, and having failed to do
so, it should now hesitate to impair rig is
which have become vested. Congress hav-
ing acted upon this law, proposed restrictions
upon it, discussed it, andlegislated respecting
it. should not now d'sapprove an act of terri
torial Legislation against which nothing can
be fairly objected. By this action it virtual
ly approved the law, and having so approx
ed it, thereby, in the strongest manner, signi-
flying its intention not to disapprove, it can
not now reconsider, justly and rightfully, what
it then did, at the sacrifice of the rights of
individuals acquired under it.
That it is not the intention of the act of
1S49 to confer upon Congress general SUI
pervisory power over the legislation and do
mestic regulations of the Territory of Min
nesota, is strengthened 10y reference to the
history and development of our territorial
organizations.
In the early periods of the republic it was
not the usage to allow the people of the Ter
rtories, in the first instance, to have any
voice in the enactment of their laws. The
power was conferred upon the governor,
judges, and other territorial officers, who
were appointel by the President and Senate,
with the power to collate and select such
laws as they should find in force in the sew
eral States of this Union, and which they
might deem adapted to the wants and con-
dition Of the people Of the Territories, and
to declare them in force, without the consent
of the people or the sanction of any legisa
ture. So long as this system prevailed, there
was a manifest propriety in requiring the
governor and judges to lay those laws before
Congress, to the end that, if disapproved
they should be null and void.
But when, in the progress of legal and
political reforms and developments, the right
was conferred upon the people to make their
own laws, through a Legislative body, elected
by themselves, the reason for this provision,
resering to Congress a supervisory power
over their laws, entirely ceased; especially
so long as the veto power was vested in a
governor appointed by the President and
Senate, by the proper exeicise of which the
rights Of the United States are amply pro-
tected against improper legislation. The re-
tention of this right of disapproval in our
territorial organizations for SO long period
after the reasons for its adoption had ceased,
adds only another to the innumerable and
familiar instances, in the jurisprudence of our
own and other countries, of perpetuating le-
gal provisions, forms, and customs, for long
period Of years, after the causes which in
duced it, or the objects to be accomplished
by it, had ceased to exist. In the new Ter
ritories recently organized, this right of dis
approval has, by common consent, been aban-
doned, as being no longer either necessary or
useful; and the committee can perceive no
reason why it should be retained in Mime
sofa, after it has been surrendered in the 9TH
er Territories. The attention of the commit
tee has been especially directed to the con-
sideration of this point by memorial adopt
ed by the legislature Of Minnesota, now in
session, to the Congress of the United States,
asking for the repeal of so much Of the Or
ganic act of said Territory as reserves to Con-
gress the power to disapprove the laws pass
ed by the Legislative assembly thereof. Re-
garding this prayer of the legislature of Min
nesota as being reasonable, and in accordance
with those principles of popular rights and
self government which have been recognized
and established in the other Territories, the
committee recommend that the joint resolu-
ton of the House of Representatives, propo-
sing TO disapprove the act entitled "An act
to incorporate the Minnesota and Northwest
ern Railroad Company" be amended, by
striking out all after the word resolved, and
inserting clause repeating the provision of
the organic act of the Territory Of Minneso-
ia which requires call laws passed by the leg
islative assembly and governor to be submit
ted to Congress, and if disapproved, to be
null and of no effect" and that The Senate
pass the resolution in that form and ask the
concurrence of the House Of Representatives
therein and the committee, being of the
opinion that it is inexpedient and improper
to disapprove an act entitled "An act to in
corporate the Transit Railroad Company" as
proposed by another joint resolution of the
House of Representatives recommend that
the same be rejected.
rUDuuTnpv on N,uNNCCOr.