The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-08
VOLUME 6.
CONsTITUTIONAL CONVENTION.

Secretary.
PERSONAL EXPLANATION.
Mr.. SECOMBE. I rise, Mr.. President
to a question of privilege. | hold in my
hand copy of the St. Paul Weekly Pioneer
E. Democrat. and the supplement to the same
containing an account Of the proceedings o
an organized meeting now in session in this
city. in the other end of the Capitol, amongs,
which proceedings find the following pre-
amble and resolutions
Was-eas, There is official evidence, from the report
of the Committee Credentials, that there is major
ty Of the legally elected members to the Constitution
Convention who claim and entitled to seats in this
Ccnv vention; and, .
Whereas, The members ascertained to be legally
elected, FROM the official documents before this Con
venton, represent more than sixteen hundred majority
Of the popular vote of the Territory; and
WRereds, There is now body Of men who nave Ia,
ken possession of of the halls OF this Captoi ana
call themselves the Cons tutional Convention, without
any legal authority right although some OF those
connected with that assembage may be entitled TO seats
in this Convention but who have not seen proper, as
yet TO present their credentials or TO attend the meet
ins of this body since the regular adjournment OF the
Convention, on Monday. the 18th inst; therefore,
RsSolrsd, That the asSembaes Of persons now occu-
pyng the Reps Hall Of this Capitol styling themselv es
the Constitutional Convention is without the authority
ofaw of Parliamentary and revolutionary in its
the electors of this Territory nor by the officers OF the
General or Territorial Government.
resolution, together with copy of the report Of the
Committee Credentials, be forwarded to the Presi-
dent of the United States each of the heads of the de-
partmens OF the General Government, each of the
members of the Senate and House Of Representatives
OF the United States and to the Governor secretary
Marshal Librarian, Auditor and Treasurer of the Terri
tory Of Minnesota.
Mr.. President, under ordinary circumstal,-
ces | should not deem it the duty or the pri-
vilege of myself, as a member of this Conven-
Is, ckov
vention to notice either newspaper articles
published in regard to this Convention or its
proceedings. or the doings of any body of
citizens of the Territory, either organized or
unorganzed. But, Mr.. President, 1 deem
that she proceedings to which have referr
ed, are peculiarly matter of privilege as re-
lating to this Convention, first from the ma.
ture of the assemblage to which l have re-
ferred, and second, from the peculiar nature
of the preamble and resolutions which | have
read. find in this paper list of the names
of the persons who purport to be members
of that assemblage, and amongst them find
the following federal officers: the Secretary
and acting Governor of this Territory /; one
of the Judges of the Supreme Court of this
Territory; one of the Indian Agents of this
Territory; and one of the Custom House
Officers of this Territory. I also find among
them the names of the following Territorial
officers: the Attorney General of the Terri
tory, and seven members of the present Leg
islative Assembly. In addition to that,
lind the following ex-Federal officers: one
Ex-Governor; two ex-Judges of the Supreme
Court Of the Territory; one exdelegate to
Congress; one ex-Custop, House Officer and
one ex-Land Officer; besides all those l find
the following ex-Territorial officers: one ex-
Territorial Treasurer; two ex-Probate Judg-
es, and nine ex-Members of the Legislative
Assembly. In all, constituting 26 members,
out of the a who purport to be members of
that meeting, representing every branch of
the Government of this Territory-the Ex-
ecutive, the Judicial and the Legislative.
1t seems to me, therefore, that the assem-
blage to which l have alluded, and whose
proceedings | propose to consider possess
more than ordinary interest. In the second
place, the nature of the proceedings to which
| have alluded, it seems to me, calls especial
ly for the consideration of this COnvention.-
Here is a declaration by body of individu-
ais constituted, as | have shown, of the va
rious Federal and Territorial officers of this
Territory, to very great extent. that this
Convention is here met without the authori-
ty OF law or parliamentary usage, that it is
revolutionary in its character, and recommend
ing that it should not be recognized by the
electors OF this Territory, nor nv the officers
OF the general or Territorial Government, and
also providing that copy of tie preamble
and resolutions shall be transmitted to the
officers OF the general government-the
President and Heads of Departments,-to ev-
cry Member OF Congress, and to the various
Territorial officers of this Territory. 1t can
have, Mr. President, but one object and that
is to nullify, so far as it is within the
power of the General and Territorial Govern
ments, the acts of the people of the Terrific
ry OF Minnesota assembled by their delegates
IN this Convention. 1t seems to me to indi-
cate that there is disposition and intention
on the part of the national government rep
res nted in that meeting by officers appointed
by the Federal Executive, to thwart and null
lily the action of this Convention authorized
By the action Of Congress. 1t is also evident
that there is an intention and disposition up
on the part of the Territorial officers of this
Territory, so far as they are concerned, to
nulliy the action of this body.
Now do not propose to examine into all
OF the causes assigned by this asscmblage of
persons to sustain the position they have Ia
Ken. Those causes are various, and they are
set forth at large in the speeches which ac-
company the preamble and resolutions, and
have been more or less treated on in this
Convention. But | find, sir, prominent
among the reasons which are offered WHY this
Convention is without the authority of law
or parliamentary usage and revolutionary in
Its character that there are six members of
this Convention-four from the Sd Council
District, and two from the Sth Council Dis
trlct-who hold seats in this Convention and
participate IN its deliberations without au-
thority of law And, sir, being myself one
OF those delegates, l propose to examine a
little into this matter, and ascertain whether
or not the allegations made are true.
Mr.. President, if this Convention is in ses.
sion here without authority of law, or of mar.
lamentary usage, and revolutionary in its
character, it is to be shown and proved bv
testing its constitution and its proceedings by
some law and by some parliamentary usage
Now / find that upon this resolution which
have read, Ex-Governor Gorman made the
following remarks
My object in the remarks shall submit to-day, will
be to place uefore the country the for action
thus far, and TO show far as have knowledge of
the facts and the ability, distinctly and plainly, why
Is that We occupy our present position.
first-The Congress of the United States passed
act authorizing the people of the Territory of Mnneso
ia to form Constitution and State Government, pre-
paratory to their admission into the Union a State
To carry out that act the Legislature its Special Ses
sion, called in part for that purpose passed act in
ard OF the Enabling Act Of Congress, Prescribing how
many pers ms should be elected as Delegates to the
Cohsti utional Convention That prescribed that
theIe should be elected two persons for each Councillor
ana TWO Tor each Representative. The Enabling pro-
a mere should be elected two Delegates for each
member OF the Territorial Legislature 1t has been con-
'ehue' .ha under that provision, had the right to
eject only two for each Representative which, doubling the
mumner OF thirty ynine, would make seventy.eght in all
tooK dferent view Of the Enabling Act and construed
u, as nave SAID, to give two Delegates for each
Representative, and two for each Councillor
That either the Enabling Act of Congress or the act
OF the rerr'toria Legislature binding absolutely unon
the people in their sovereign capacitv no Ar,.r;ro
Statesman has to my knowledge attempted tn as.nne
On the contrary the authorities all 20 to show thai the
Enabling act oi Congress is passed to give conormitv
and regularity to the proceedng-to indicate the mode
Of procedure The act Of the Legislature Is n n ~
formy and regularity to the elections and To avoid
thing like revolutionary action the part of the neona
Therefore the act Of Congress and the act of the Terri
toria Legislature, forms-in the lanpnays ~
Mr.. Buchanan mere scafoldng, which, when the ed;
flee is completed, is Of no further use. .- -...-
Now, Mr. President, / contend, in the first
place, that the Act of Congress authorizing
the people of the Territory of Minnesota to
form for themselves Constitution and State
government, is binding upon the people.
contend that the Congress of the United
States has the supreme power and the su-
pleme right of controlling, by Legislation, the