The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-07-18
A., mo,;on nv Mr. COLBURN. the rule

On motion by Mr.. COLBURN, the rule
was suspended-yeas 40, nays $50. the re-
solution was considered.
MIR. COGGSWELL had desired that the
resolution should lie over. He suggested
questions in regard to the COnstitutionality
Of the act of legislative assembly referred to,
and he wanted delay for opportunity to get
reliable information upon the subject.
Mr.. COLBURN insisted that this consid-
Grafton had no force against calling for the
act at this time. ,
Mr.. SECOMBE, on leave, now proceeded
to read the copy of the Act of the Terrific
rial Legislature to which he had before refer
red, as printed in the Minnesota Republican.
Mr.. FOSTER considered that an Official
COPY, as printed in the official paper
MIR. SECOMBE said, one gentleman had
been to the Secretary, and had been inform
ed. that no such Act had been filed and an
other had been to the office of the Pioneer
and Democrat and had been informed that no
such Act had been published. The OBJECT
now was to ascertain whether this Act had
been passed, and, if certified copy cannot
he obtained, whether the official paper pub
fishing it can be found, that we may be guild
ed by its provisions, on such parts, as may
be legal and binding.
Mr.. HAYDEN'S recollection was that the
Act was duly passed. and that the House
where it originated bad notice of the signing
by the Governor.
Mr.. STANDARD had the honor to be on the
Committee to whom this subject was referred
in the House of Representatives, and by re-
quest of the Chairman of the Committee he
drew the bill. The copy read was verbatim,
with the exception of the first two sections.
The first two sections in that scrap OF news
paper were not in the bill as drafted by him.
The PRESIDENT. The Chair will state
having been member OF the Council
that the two first sections referred to by the
gentleman, were probably inserted in the
Council by Mr.. Setter, Chairman OF the Com
mittee to whom this bill was referred. re-
member being in the Chair at the time
the report was made by the Committee and
adopted. 1t is the distinct recollection OF
the Chair, that this BILL as published here,
passed the Council, was sent back to the
House. and that the House cOncurred in the
amendments made by the Council. And then
it is in the distinct recollection of the Chair
that the bill had been correctly enrolled and
also, that it had been signed by the Governors
Mr.. STANNABD. The two sections.
were now accounted for.
Mr.. HAYDEN. That was distinctly his
recollection Of the matter.
Mr.. COGGSWELL was very sorry the
subject had come up. If the act read was
the act of the Territorial Assembly, he want
ed nothing to do with it as member of this
Convention This body was here in virtue
of the Enabling Act Of Congress. The pro-
visions of the Act of Congress could not be
interfered with by our Territorial Legislature.
Such interference could neither bind Con-
gress nor this body The moment the Ter
ritorial Assembly exceeded or departed from
the scope of their delegated authority, their
act was void. OF this nature was the appro-
pration of money for the expenses of this
Convention and the provision authorizing
two Delegates from each Council District.
The latter was merely gratuitous attempt
to construe the Act Of Congress, which mat
ter belonged wholly to the Courts. The
sixth section of the Territorial Act. in refer
ence to the qualifications of Delegates, was
but reiteration of the words of the Enab-
ling Act, and of course superfluOus. lie
preferred the Act of Congress for his gui-
dance, and would have none other than that
and the Constitution of the United States.
Mr.. PERKINS said the resolution did not
propose action on the Territorial Act, but
simply to procure certified copy of that
Act When the Act should be properly be-
fore the Convention, doubtless the Conven-
ton would pay suitable attention to it. Its
binding force was not in question now. That
act Of the Territorial Legislature, was to pro-
vide in detail what Congress had already
provided for in the general.
Mr.. HAYDEN was opposed to the passage
Of the resolution at present. 1t could rot
affect the Convention, whether it were con-
stitutional or not.
| Mr.. FOSTER considered that the Legislative
construction in regard to the Council District
representation might be taken as by the good
authority of the people, and would offer no
objection to the legislative provision to pay
the expenses of the Convention.
Mr.. SECOMBE produced copy of the
Pioneer and Democrat newspaper, of May
9th, 1857, containing list of the acts
passed at the late Extra Session Of the Leg
islature of the Territory, and amongst them
was the act called for by the resolu ion.
This he considered official notice that such
an act was passed; but there was no official
information here of the genuineness Of the
copy which he had read. 1t still SEEM
ed to him to be of vital Importance to him
act is, and how far it Is binding here.
Mr.. GALBRAITH. Suppose we had the
act before us; what should we do with it ?
AS for the payment clause, he would rather
it were buried in the sands of the sea. He
well knew Congress could pay these expenses /;
but if not, we could ourselves. He cared
very little whether the resolution passed or
not, could sec no necessity for trouble about it..
If the act Of the Territorial Legislature were
a law of binding fosce, it was we'll /; if not,
the Courts would determine that. This body
had no more authority to make the proposed
application to the Secretary, than any indi-
vidual citizen. lie supposed any one could
obtain a copy for himself.
And then, on motion of Mr.. STANDARD,
the resolution was laid on the table
On motion of Mr.. MORGAN, Mr.. CHAs.
B. SHELDON, a Delegate from the 18th Coun-
Gil District, now came forward and received
the oath of the Constitution, and took his
seat in the Convention.
And then, after proceedings in call of the
House,
The Convention took a recess till
o'clock, P. M.
AFTERNOON SESSION
The PRESIDENT resumed at :. o'clock
On motion Of Mr. NORTH, another reces.
was ordered till o'clock.
And then the Convention adjourned.