The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-01-31


tarers Prices, adding transportation This Ink is
IL this Establishment
Zion. II. H. Sibley and the Democrat.
Mr.. SIDLEY, as Chairman of the Judiciary
Committee in the House, submitted IA re-
port from the majority of that Committee,
on that portion of the Governors Message
relating to the Minnesota and Northwestern
Railroad Company, wherein occurs the fol-
lowing passage:
1t cannot be properly asserted that the Minnesota
Horthwecrn Railroad Company have vested rights upder
iaeir charter The of Legislature last session
was iucoate and imperfect until il received the
OF Congress. No rights whatever can vest in tie com
pany until that sanction obtained: clar.r
worth the paper upon which it written until Congress
ea Hecde That 1t shall remain your Statute Books.
Upon this passage, the Democrat assumes
that Mr. SIBLEY regards as necessary, the
open, formal sanction, by Congress, through
some affirmative act, of the laws of the
Territory, before they can become opera
tive; and on that assumption publishes an
article so manifestly illnatured and unfair,
that it is not necessary we should even de-
nonnce it in justice to that gentleman. AS
a specimen of the Democrats conclusions.
VIC append the following:
Minnesota a. altogether without law, except what she
derives from the Ordinance of 1857 and the Con
i,ress organizing the Territorial Government Al o. e
icts OF the legislature at the five previous
i.cho lie ANA imperfect. and not worth the paper upon
which thy are ritteo, No riyhts have vested mn,er ANY
nrais t,a. huxa
es1oshment oi our courts and the proceedings in them.
are null AMI void. Their judgments and degrees
nuci nonsense. The prosecution and punt, '.Ten of
'tIi'ai7 ami the sales oil the properly OF chor, the
rights and acts of heirs. executors administrators tr,s
es asNsnees and every body in this lawicrSakcn Ter
Tivory. are wholly without legal support Chaos iios
come! society is dismembered, Commit all The crimes
you please Don't pay any of your debts. Burn all Ct
Your statute books, for they worthless let riot
mad Horny II. SiiIicv hath spoken and Is he not
delegate an1 very great and doth he kno. tle
law:
AS antagOniStic to the extract quoted
from Mr.. SIBLEY's report the Hmocret
quotes from the Organic Act, the following:
Ie legislative power the Territory shah extend to all
rsatf subjects of legislation. consistent with the Con.
titution OF the unite States and the provisions this
a net, All the laws passed by the l. -isla
Gie to The Congress Of the United States AMI II sp-
proved shall be null and OF no effect.
We have no hesitation in asserting. that,
although there may be seeming discrep-
ancy between the clause quoted from the
Organic Act, and the extract given from
the report Of the Judiciary Committee, there
is, in fact, no discrepancy whatever Critic
ally speaking, the assertion that all Terri
roriai laws are inchoate and imperfect until
they receive the sanction, of Congress, is
correct. 1t is not necessary that such sane
ton should he evidenced by any overt act
it is as well, and universally done, by sim
pic neglect to assert its disapproyal BY
the Organic Act, it is made the duty Of the
Secretary Of the Territory to forward to
the two Houses Of Congress, on or before
the first of December in each year, copies
of all laws passed by the Territorial Legis-
laturc during the preceding session. These
copies are forwarded for the purpose Of af-
fording Congress an opportunity for reyis-
ion and dissent or approval. Such dissent
is manifested by joint resolution, or the like
expressly negativing the law disapproved
AMI such approval or sanction" is just as
tangibly manifested by the nonaction Of
Congress. Dissent is shown by open over
ruling legislation approval, by silent ac-
quiescence and the silent approval is as
binding upon Congress, as the open disap-
proval is upon the Territory.
The pretence Of the Democrat that, be-
cause Congress has not. by direct legislative
action, approved all or any of the laws here
tofore enacted in this Territory, we are
therefore, according to Mr.. S1BLEy's doc.
trine. without any law, is a very witless
pretence. The doctrine held and acted upon
by Congress 10 reference to Territorial leg
isiation has been, and is, to limit the time
during which they can exercise the legisla-
tive veto, to the session next succeeding
their receipt from the proper official source.
Up to the close Of that period, it is clearly
z proper to say, that the laws of Territory
are. "inchoate and imperfect" because sub
ject to revisory power, which may even
utterly apnuI them, And in cases Of char