The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-01

THE DESIGN OF THE ADMINISTRA.
TION LEADERS.
Speech of Hon. st. A. ID. BalcOmbe, of
WinOna, Delivered in the COnstitu.
tiOnal Convention, Monday, July ~.
The preamble and resolution introduced
by Mr. BALOOMBE on Saturday, having
been read as follows:
Whereas, 1t has been determined by the aspiring
leaders of the Democratic Party to prevent, possible,
the immediate admission of Minnesota into the Union Of
States, as a sovereign State, and
Whereds, 1t Is our belief that nearly every citizen Of
this Territory is in favor of immediate admission
possible, therefore be it
this Territory hold meetings in their respective precincts
counties, without distinction of party, and express
by resolves their desires this important question
Mr.. BALCOME said, (Mr. Wilson in the
Chair 1 wish it distinctly understood, before
proceed to make any remarks upon the
resolution before the Convention, that I am
not accustomed to making speeches that I
do not rise simply for the purpose of making
speech; and that as am not candid ate
for the United States Senate, it will not be
expected that should make thre hours
speech. l rise simply to perform what con
slider to be duty to my constituents, to my
party and to myself. In some respects it Is
painful duty in others it is pleasurable
one.
The resolution which offered on Satur-
day, distinctly charges upon the leaders of
the Democratic party determination to
prevent Minnesota from going into the Union
as State, and promised when I offered it,
to prove by their own knowledge, by their
own connection with and actions in parlia-
mentary bodies heretofore, that they knew
that this Convention had proceeded in le-
gal and regular manner; and that the only
conclusion any one can come to from their
actions from the assembling of this Conven-
ton up to the present time. is that their OBJ
ject is to defeat the wish Of the people, which
is to 60 into the Union as State immediate
ly. l also promised to prove that the lead
ers of that party knew before assembling
that they were in a minority in this Conven-
tion and expected that it would proceed to
bus ness in the manner which il has done.
The iefence they make for their course,
will be found in the four following points,
First, that the Republicans demanded that all
these who presented certificates of election
from the proper officer wi hin the limits of
the proposed State should be permitted to
take their seats and be qualified, in accord
ance with the general rule that a certificate
IS pri1na .facie evidence which always entities
the posseSsor tn the seat in the first instance.
insist that snch is the general rule gov
erning all delibcrative bodies. That there
have been exceptions to the rule, do not
deny. That parties have, in the heat of par
ty strife, seen fit in certain Instances, to ac-
complish certain party ends, to directly vio-
late that rule, do not dei y. But are ex-
cepiiOns to rule to be followed in preference
to the rule itself? No man will contend Tor
that. But an exception TO that rule, in the
New Jersey case, in the House Of Rrpresen-
tatives of Congress, has been paraded before
the public, as an inst nce of what the rule
is. l deny that that case was decided in &C
cOrdance with the general rule. | insist that
it was an exception and assert that that
violation of the &c cial rule did much TO
bring about the defeat Of the Democratic
party, in 1910. In 1889, the leaders and
members in Congress violated the general
rule of parliamentary bodies and in doing So
kept out of their seats in The House OF Rep
resentaiiveS, members WHO appeared there
with their certificates. That departure from
the well known, and general rule, has receiv-
cd the condemn tion OF the members of all
parties ever since, and will for all time to
come.
say, sir, that it has been the universal
rule to admit members VINO presented p,ima
.fIcie evidence of election that is to say
certificates of election from the proper Ulcers
in the first in tance. Look over the jour nails OF
the U. S.Senate and House OF representatives,
and OF al the Legislature. S in the county, and
you will not find one instance in twenty where
that rule has been departed FROM propose
t" refer this Convention to the remark, made,
and tie course taken, in the Z. S. Senate in
case which might be considered an extreme
case and where the general rule might have
been set aside with Some show of proprety
But even in that instance it was MT set aside.
On the 9th day of December, 1852, Hon.
Archlbold Dixon presented his credenti lis to
the U. S. Senate, claiming seat in that
body. Objection was made to his being
qualifie on the grounl that he seat ylich lie
claimed aoas not oacan and het there acere al
reody tro seats filled By Senator's from Ken
lucky A motion was ma lie to refer the
matter to a Committee. The Senate refused
to do it. In that case the Senator came
with certificate from the Governor Of his
State-the primo .facie evidence that he was
entitled to a seat in that body. On the other
side it was contended that there was prima
.fac'e evidence flat Mr. Meriv ether still oc-
cupied a seat in that body, and that there
was no vacancy. The Senate would not re-
fer the matter. but Immediately entered upon
its consid, ration, an BY common consent
continued to discuss it until the claimant was
admitted to his seat and sworn in. This was
Il contest between two who / al presented
the prin,0 .fitcie evidence-the certificate.
Those who spoke in favor of Mr. Dxon's
right to a seat, presented to the Sera'e nu
merouS instances where the certificate If
election had been consi Ter d prima ftcie cv-
idence, and that the Senate had been gov
erned by it in its action. 1t was declared to
have been the universal rule governing the
action of that body, to Admit to seat the
man who presented his certificate of election
one case only excepted, which seems to
have passed by unanimOus cons Ms. The a.
serti'ns Of those supporting Mr.. Dlxon's
right, were not denied ny the opposition. In
their rema ks they tacitly and repeatedly
admitted that if another person was Mt oc-
cupving that seat 1T tie time, las they con-
tended there was) the claimant would have
a right to take it, and to lie sworn in as
member; and that after that, the conte t.
ant, IT there was one, coull come in and con-
test the right. In tie course OF that discuss
ion, Mr.. Seward sand
The case is prima facie, complete and in receiving
Senators it is the CUSTOM and has been the custom of
the Senate Of the United States from the foundation
OF the government TO receive the Senator who comes
prin;a face entitled to fl vacancy, known and adj
,qtedC exist, with commission given him by the Leg
islaTe Of the State in whose service the vacancy has
arisen.
MIR. Dawson said {:
think Mr. President that during your long expe-
rience in this body you have kno n such an ap
plcation as the present to be denied. I do not
think there has been any since you occupied that
member presenting the Toad seal of his State not
permitted to occupy the seat, and if there was con-
test, II was to be settled afterwards. y 1t is
said that there are doubts to whether Mr.. Dixon is
entitled to the seat If there be doubts the Senator
from Tennessee Suggests 20 whom should you give the
benefit OF tbem9 Of course to the party claiming the
seat under the broad seal of Of the Sovereign States
of this Cnion equally Interested with US in preserving
the Constitution. Hence it is that say he should
permitted to take his seat, and then when the repo
comes in, in the language of the Senator from South
Carolina, can consd .r it maturely. Bs the course
that have proposed, shall stick precedent, and
cannot be charged with evasion, with changing our
course for any consideration.
III. Jones, of Tenn, said:
The cert Ica.e C! Election is the highest testimonial
that can be presefted It makss prma face case
and has been 50 held By. ore Seaa.e from its or
ganization TO the present day Hh BIZ. one soary en-
cepon, that have been unable to find in the journals