The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-12-12

Mr.. Is. then referred to other sections of the
Constitution in support Of his position that
the Governor of the Territory was not con-
| templated by the trainers of the Constitution
and could not legally act as the Governor of
the State Of Minnesota. He then proceeded
to consider the following section from which
| the authority Of the Territorial Governor to
| act as State Governor is pretended to be deriv-
| ed by inference, viz : Sec. 5, of the Schedule,
which reads, "All territorial officers, civil and
military, now holding their offices under the
| authority of the United States or of the Ter
| ritory of Minnesota, shall continue to hold"
&c. The question was upon the construction
| of the word no,c as it appeared in the section.
Suppose Mr.. Buchanan should remove the
Governor, would he still be Governor by in
ference Does it apply before the Constitu
ton went into effect 2 He thought not. 1t
applied to the time when we throw off the
Territorial cloak and don the robes of State
when the Executive of the State takes his
oath of office-when the machinery Of State
government commenced to operate. Were
any of the Territorial laws changed? Not
one, though many of them were in direct
conflict with the State Constitution and Ter
ritorial courts were in operation presided
over 10y the Federal judges enforcing those
laws.
1t mattered not whether we had possessed
a right to form ourselves into State under
the Enabling Act, and be State out of the
Union. If that right existed under that Act
it had been waived in the Constitution by
the prescribing of the time when that instru.
ment shall take effect. And if we should
set up for ourselves, we would be found in
direct conflict with the Federal authority
Now the sections referred to showed con-
clusiyely that the Constitution and the State
government could not go into effect before
the formal admission of Minnesota bv Con-
gress. How could part of the Government
go into existence and not the rest. That Sec
ton of the Constitution on which is founded
the claim that Gov. Medary is the Governor
elect under the Constitution is the same as it
is in the Wisconsin Constitution. The con-
struction of it there was that if any of the
State Officers elect should refuse or neglect to
qualify for their respective offices, then the
Territorial officer should hold on until the
time of such qualification. This he believed
to be the correct application.
He again hoped that members would not
look at this resolution in partizan aspect.
There was great interest at stake. Let us
stop and reflect a little. We may by the
adoption of a certain course now infict great
injury on the people, by involving matters in
an almost inextricable amount of litigation.
lie hoped the resolution would be defeated,
for he wished to see our State rescued from
the anomalous and ridiculous position, which
the recognition of double headed Governor
would bring upon US.
Mr.. DOW said he acknowledged that the
subject was not as clear as it might be, but
still he believed that this Legislature had full
power under the Constitution to go on ami
enact all necessary laws. He referred to the
Enabling Act of Congress, and showed that
we had complied with all the conditions of it
and were now to all intents and purposes
State. We had all the machinery of State
government here--an acting Governor whom
we could all recognize, and the other officers
would hold over of course
We had fulfilled the instruction of Con-
gress to the letter, and as there could be no
interregnum the Territorial authority must
&c aecessitate continue and be the authority of
the State. When we were admitted into the
Union our Constitution and our laws would
be recognized.
If the gentleman from Winona had believ-
ed we were violating the Constitution, why
had he continued silent on the subject till
now-why did he not take this step before?
Mr.. KEITH said he would not trouble the
House but few minutes. The gentleman
from Dakota Mr.. DOW,] seemed to FORGET
that he (the speaker) had brought this same
subject to the attention of the House on a
former day, and that his resolution had been |
quietly laid OF the table. Mr.. X. would like |
to vote for the resolution, his personal prefer
ence was in its favor and if he could bring his |
mind to believe it was legal and constitutions |
al, he would do so cheerfully. But he could |
not see why this question should create a |
party division-thcrc was no party principle |
involved. We should be governed in our |
votes on this question by conscientious /
opinion Oh the construction of the Const;.
ton. ..u-
1t is granted that we are
State Legislature, bat do met here as d
are State Cert IS it follow That we
tuition itself ~ .aluly not, for the Const
thOrity f. -.hder which we derive our au-
we II meeting, prescribes the time when
become State. Now suppose we pass
this resolution and send Committee off to
find the acting Governor; who is meant by
that designation Is 1t the Territorial Gov
ernor or the individual who signs himself as
"Acting Governor" in the Thanksgiving proc
lamation Suppose we pass laws, how will
the "Acting Governor" sign them, as Gov
ernor of the Territory or Governor of the
State
Mr.. STARKEY only wished to say few
words For himself he disclaimed all politi-
cal motives in governing him in his vote upon
this question. He read Sec. 3 of Art. 2 of
the Constitution, to show that Minnesota had
complied with and accepted the terms of the
Enabling Act, whereby he deduced the con-
clusion that VIC were now State, and said
he wouldn't insult the intelligence of the
House by any further remarks.
Mr.. BALCONIBE showed that the mean
ing of the language accepting the conditions
of the Enabling Act was that the State of
Minnesota relinquished the right of taxing
government lands in consideration of the ces-
sion of ccrtion sections for school lands, &c.
TIE Enabling Act had left us at liberty to
specify what time we should become State.
What time did we specify 1t was when
we were admitted into the Union. This was
the time and the only time, and we cannot
become a State till that event transpires.
| Mr.. B. then briefly pointed out the anamo-
lous position we would be in, supposing we
were not admitted into the Union at this Sess-
ion of Congress. We have a Territorial Ju-
dietary but they could not recognize and en-
| force the laws of the State.
There was no necessity for this course Of
procedure either, but the party in power had
| got so in the habit of doing things foolishly
and ridiculously that it did not seem possible
for them to do anything right. 1t was sec.
| ond nature with them. AS for himself he
denied having any personal motive in the
course he now took--he did not desire to be
a stumbling block in the way of legislation
but he had right to represent his consttu-
ents 1t was the opinion of ninety nine one
hundredths of the people all over the country
that this Legislature had 10 right to pass
| laws at this time He smoke of it as the