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

Territories of the United States; and deny
that the people of the Territory have any
legal right to do anything in contraventlon OF
the Act of Congress. Ideny that the people
of the Territory have the right to abrogate
the form of government which the Congress
of the United States has seen tit to provide
enr them without the consent of Congress !;
and here I must. of course, be understood as
,rson;no a legal right under the Constitu-
t;on and laws of the United States for there
is a right greater and above all Constitutions
and all laws-the right of revolution
But, Mr.. President, may the time be far dis
tant when the people of Minnesota shall feel
the necessity of appealing to that ultimate
resort.
l say, then that the Enabling Act of Con-
gress is binding upon the people OF this Ter
ritory. But, taking the ground assumed oy
Ex-Governor German, that the only object
of that Act was to give conformity and regu-
laritv to the elections, ard to avoid anything
like revolutionary acts upon the part OF the
people, say, taking that ground, we are to
determine whether or not this body is IN
session here without authority of law or par
liamentary usage, and is a revolutionary
body, By ascertainiug whether or not 1t has
conformed to the provisions Of the Enabling
Act of Congress, under which high call this
Convention is now in session, pursuing It's Ia
bors.
And here let me remark that Ex-Gover-
nor German has not quoted the Act as 1t
passed Congress, and in very material re-
spect; says the Ex-Governor, "the Enabling
| Act provides that there should be elected
two delegates for each member of the Terrific
rial Legislature" Now, the Act of Congress
referred to there, is as follows:
That the first Monday in June next, the legal vo-
tiers each representative district then existing within
the limits of the proposed State, hereby authorized
to elect two delegates for each representative TO whch
said district may entitled according to the apporon-
for representatives to the Territorial Legislature.
l propose. first, to inquire in what sense
the term representative" in the Enabling
Act, is used-in other words, what construc-
ton is to be given to that Act, by this Con-
vention q? The word Representative" in its
general signifcation, includes any agent or
deputy of another or others, standing in his
or their place, and invested with his or their
authority. The term has, however, in the
United States, acquired technical significa-
| ton, which indicates member Of the lower
or more popular branch of the Congress of
the United States, and of the Legislative
Assemblies of the different States and Ter
ritories.
Now, Mr.. President, it has been contended
by some-and l know not but what it is con-
tended by some members of this Convention,
that the term representative" as here used,
does include not only Representatives" but
"councillors." That such construction has
been given to it, l am well aware; but that
that construction has the support of either
reason or analogy, deny. In the first place
it is not reasonable to suppose that
Congress intended to include in the
| term representative" representatives and
councillors. The House of Representatives
in every legislative body is presumed to, and
does contain those agents or deputies of the
people, who are sent from the smallest local
divisions of the Territory to be represented,
and more Immediately represent the popular
will of the people The number of representa-
tives being larger than the lumber of men,
bers of the upper branch, the districts are
proportionately y smaller, and in that way the
voice OF the people is more popularity repre-
sented. And it is reasonable to suppose that
the Congress of the United States, in estab-
fishing basis for the election of delegates to
this Convention, whereby the people of the
Territory of Minnesota were to frame for
themselves Constitution and State Govern
ment, that it would be their intention and
desire to have those delegates elected in the
most popular manner.
Now, it is we'll known, and especially in this
Territory, does this principle apply-that
while the members of the House of Repre-
sentatives come from small districts-not
representing, SO equally as could be desired the
will of the people throughout the Territory
yet that they do so to a much greater ex-
tent than does the house called the Council |
As an example l will point to the upper
subdivision Of the first council district which |
sends to the House of Representatives one
member, but at the same time sends one |
councillor. Also the western subdivision of |
the ninth council district-the county of
Olmsted-which, while it sends one repre-
sentative, also sends one councillor. On the |
other hand, the second council district, and |
the eleventh council district of this Terrific |
ry, while they each send five representatives,
send each but one councillor. Now, Mr.. |
President, it is obvions to everyone that
basis of that nature would be furtherest |
from the popular basis. Then, I say it is
not reasonable to suppose that Congress in
representative and councillor.
In the second place, construction which
includes in the term Representative" also
the term councillor" has not the support of
analogy. l undertake to say, without the
fear Of successful contradiction, that in no
Act of Congress, and in no Act Of any Leg
islative body, can the term be found with
the construction that has been attempted to
l. / n r
find numerous instances analogous to this
where the distinction has been made. I re-
fer as an example to Section first Of the
second Article of the Constitution of
the United States, wherein provision is made
for the appointment of electors of President,
which is as follows:
Each State shall appoint in such manner as the Leg
isature thereof shall direct number of Electors equal
to the whole number of Senators Representatives
which State may be entitled in Congress, &C.
Now, the intention of that Article was not
only to include the popular representation of
the people of the State, but also to include
the idea OF representation of the State sov-
ereignty. IL was there the intention of the
trainers of the Constitution to unite those
two principles and yet they did not use the
word Representatives in Congress- and
thereby include representatives and senator's;
but they used the words senators and rep
resentatives."
1t is provided in Section of the Organ
lc Act of the Territory, that
The Legislative power and authority Of said Terrific
~ shan be vested in the Governor end Legislative As
semoly: The Legislative Assembly shall consist of a
council and House of Representa- ' s. the Council |
s1a consist OF nine members having quaiifc
OF voters as hereinafter prescribed whose term of SER
vice shan continue two years. The House of Rep !
resenfatves shall at its first consist of eighteen
members possessing the atiops
for members OF the Council and whose term of service
shall continue one year. The number of the Council
ors and Representatives be increased bv the Log
sative Assembly from time to tme in proportion to the
increase of population, Provided, the whole nnmber
shall never exceed Is Councillors and SO Renresenta
tves." ah>
Such is the provision made by Congress
for the election of councillors and representa-
tives in the Territorial Legislature. 1t is a
provision which Congress must be supposed
to have had in view when they passed the Ena-
bling Act, and when they used the term
Representative" In the 4th Section Of the
Enabling Act, we find the following provis-
ion:
"That in the event said Convention shall
decide in favor of the immediate admission of
the proposed State into the Union, it shall be
the duty of the United Sites Marshal for
said Territory to proceed to take census or
enumeration of the inhabitants within the
limits of the proposed State, under such rules