The weekly Minnesotian., 1857-11-28

january, 1860, except the Auditor, who shall
continue in office until the first Monday in
January, and until their successors shall have
been duly elected and qualified"
By the terms of the above article, it is
plain enough, that the Governor and other Ex-
ecutive officers are prscluled from taking the
oaths Of office and Of entering upon their duties
until after the adnissiom of Minnesota, by Con-
grsss into the Union!
Consequently, when the Legislature meets
here on the second of December, there will
be no Governor of the State ready to meet
and advise with them, or assent to the pas
sage of any laws they may see fit to frame
They are perfectly powerless without him,
and it is a matter Of astonishment that men
with any pretension to ability, should risk
their reputation for thought and sagacity by
taking contrary view.
The eagerness of aspirants for the q. s.
Senate, impatient Of waiting for the action of
Congress admitting us into the Union be
fore plucking the golden apple of the q. S.
Senate-is doubtless at the bottom of such
a perverse construction.
The Pioneer of Friday has an article which
we suppose gives all the argument these peo-
pie have to offer to sustain their mistaken
views. Among other things it quotes the
following section from the Schedule to the
Constitution
aSEc. s. All Territorial officers, civil and
military, now holding their Offices under the
authority of the United States or of the Ter
rtorv of Minnesota, shall continue to hold
and exercise their respectiUe Offices until they
shall be superseded by the authority Of the
S.ate."
1t also remarks:
sThis provision continues in Office, the pres
ent Federal and Territorial officers, and au-
thorizes them to act in conjunction with the
State Legislature, until the Territory is for
mally admitted into the Union by act Of Con-
gress. %
In voting to accept that provision, the peo-
pie OF Minnesota virtually voted to make
Gov. MEDARY Executive until his successor,
elected on the second Tuesday Of October,
should be inducted into Office.
This we believe, is the view taken by Gov,
|
with the State Legislature, upon its assem-
blage."
Now, is this not the very "error i the
moon" The provision of the constitution
they quote-a harmless and simple one mere
ly to continue the functions of the Territorial
Executive Officers during the short time that
might possibly elapse between the admission
of the State by Congress, and the swearing
in of the officers elects wrested for parti-
zan purposes to mean, that Gov. MzDARY,
Secretary CHASE, aud other Federal Terrific
rial Officers, are now officers of the State, du-
ly elected by the people through their adop-
ton of the State Constitution
Was ever anything so absurd We do
not believe that Gov. MEDARY himself takes
any such position. He has more common
sense. Why look at it. The provision it.
self continues them merely as '1enitorial'
officers ; and says they shall perform the du-
ties of "their respective Offices" es"--certainly,
meaning their Territorial officers, only
If there was any doubt of the soundness
of the position we have taken, in this matter,
a reference to one other,--and we might refer
to several other-provisions of the Constitu-
ton, will be sufficient to make assurance
doubly sure.''
The last clause of Sec. of the Schedule
reads as follows:
"All process which may be issued under
the authority of the Territory of Minnesota,
precious to its admission into the Union Of the
Laftet States, shall be as valid as if issued in
the name of the &ate.'
Here the Territory of Minnesta is plainly
referred to, as existing up to the moment of its
admission into the Union.
If that is the case, how can the State Le-
gislature that is to meet on the End of De-
cember, do anything whatever, and what
right has the federal Governor of the Terri
torH to communicate with, or have anything
to say to it
None whatever.
He has taken an oath to support the Or
ganic Act of Congress, which recognizes a
Council not exceeding Is, and House of not
over 80 members, as the Legislative Assem-
bly, oil the Territory.
Yet here will be assembled as State Le-
gislature body of 81 Senators and 80
members of the House.
BY no process of transmutation could this
body be made Territorial Legislature any
more than Gov Mcdary can be transmitted
into being the first Governor eff the State of
Minnesota
Better give that game up, o aspirants for
United States Senate and wait little
longer for the good time coming
The meeting of the State Legislature on the
I'd of December is simply blunder of the
Constitution; and another blunder extant is,
that the people did not elect Territorial
Legislature Only in St. Anthony and in
Houston and Pembina Counties were they
wise enough to do this Had members
thereof been universally chosen, we should not
be 10 the dead lock" we certainly will be in
this winter without one. But, it's no use
crying for split milk.
The Destruction of the U. 8. Train by
the "Safnts >,
BY reference to the latest news column, it
will be seen that the rumor given few days
since, of a Government train having been
destroyed by the Mormons, is abundantly
corrOborated
There can scarcely now remain any doubt
that the Mormons intend to act in open hos
tiaity to the United States, and resist them to