The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-12-05
Meeting of the Legislature--.T The Con.
templated UsurpatiOm!
From the Pioneer Of December LIST.

From the Pioneer Of December 1st
MEErIN0 OF tbs LHGIsL AruRE.-In Article sixteen,
Section six Of the Constitution of the State Of Mnneso
t., (ratihed by the people by majority of
THOUSAND vorEs,) we find the following:
'SEc 8. The first session of the Legislature of the
State of Minretota shall commence the first Wednss
day OF December next and shall be held ut the Capitol
in the city of st. Paul"
In pursuance of this section the first session of the
Legislature. will convene at the CAPITOL in this city, to-
morrow. The language We have quotedis AS clear and
explicit it can be made, and every Individual who
knowedges fealy to the Constitution, must recognise
its hests and obey rs good citizen Of the State its
commands.
There will be executive government prepared to
act in junction with the State Legislature By the
ifth section OF the schedule, it Is provided that
IAN Territorial officers, civil and military now hold
ing their offices under the authority Of the United States
Of the Territory of Minnesota shall continue to hold
exercise their respective Offices until they shall be
superseded by the authority OF the State.
This section is intended to the of
ecutiye office 81 a government complete in all its de-
partments and acting in conjunction with the Legisla
of the State until are admitted into the Union,
when the officers declared to be elected will assume the
responsibilities of official station.
Gov. MEDARY, under the Constitution, has power, we
believe not only communicate officially with the State
legislature but to give validity to the resolves andsws
passed by that body.
The ain Of the members of the Constitutional Conven-
ton not to permit conflict of authorities in the
State. By vesting Gov. MEpARY with executive
power, aud the State Legs allure with the law-makng
lower, this contingency avoided. Gov. MEDARY,
dnder the Constitution has the right to act AS Governor
Minnesota until the State admitted into the Union,
when will be succeeded in executive ohce OF Mr. SIB-
Whether Mr.. SIBLEY will succeed the
Governor of the Territory as the first Cover
nor of the SAFE, depends entirely upon the
forged returns IN his favor from Pembina, and
from Cottonwood, Murray. Martin, Rock,
&c, Counties, being counted for HMM the
ace of indisputable evidence Of their being
hoqus,-by the honorable Board of Canvass
:rs but it may be that the Pioneer knows
that those forgeries will be backed up by Ger
tain Senatorial aspirants, and feels itself war
ranted, therefore, in begging the question in
summary style. If it has no such informa-
ton prudence as we'll as decency should dc
tate sill nee as its better policy.
Touching that "erecWire government pre-
pared to act in conjunction acith the State Leg
islature,' our reasons in opposition 10 the
course proposed for Gov. MEDARY to pursue,
have already have been fully expressed.
It's dangerous violation of the Consti u
ton on the threshold of its entrance upon
life and existence.
No term less strong than "usurpation" can
fifty characterize his presuming to exercise
the functions of Executive of the STATE, when
'nly an appointee of Mr.. BUCHANAN, paid by
the Federal Government, and removable by
it at pleasure.
Every genuine lawyer in the land, will back
us up in the position:
That laws made by the State Legisla-
ture with his sanction, will be bogus lars, void
and of no effect:
That the election Of United States Sen
ators chosen under laws so passed, would be
inualid and nugatory.
1t is not requisite, in support of these posi-
tons, to quote in full that portion of the
Constitution, which requires "every bill be-
fore it becomes law, to be signed by the
Governor of the State.'
So much will be admitted.
But it is in point, and will be useful, to
give portion of Sec. Of Article 9th, that
all may judge of aoasa, according to the sense
of the Constitution, we will have "Govern-
or of the STATE" able to give validity to laws
and resolves of the State Legislature.
Sec. THE term of each of the Execu-
tive Offices named in this article Governor,
Sci shall commence upon taking the oath of
office, after the 81 tie shall be admitted by Con-
gresS into the UniOn," &c.
Under this Section it must be acknowl-
edged by all, that the Governor of the State,
elect, cannot possibly enter upon his duties
until after the admission of the State into the
Union
Here we mi hit stop and leave the discuss
ion; for our positions are already sustained ;
md the inference IS clear, the State Legisla-
ture is in session by blunder Of the C"nsti-
tuition trainers, and is powerless until the in.
auguration of the Governor of the SAFE.
This is the reasonable and fair construc.
ton of the Constitution.
But it so opens, that it is not construc
ton that suits the party in power.
There are two United States Senators to
be chosen. There are twenty or thirty aspi-
rants tor the honors Of election to these posts
Each man is sure of grasping the prize wher
electi n day comes, ard all are in hot haste
to realize their hopes. They have therefore
seized hold of the 5th Section OF the Seized
ule to the Constitution and, wrestling i
from its plain meaning, contend that Gov
MEDARY is elecred by its terms Governor o
the State, until the Governor elect is sworn in
The obvious intet of the provision, i
to prevent the Territorial government ceas
ing before the State officers are sworn in
They are continued as Territorial officers, b.
the express wording of the Section. That
does not consider them anything else, is born
out by its closing words. 1t says they "sha
, continue to hold and exercise their RESPECTIVE
! ofices until superseded by the authority of til
; S.ate."
If Governor MEDARY is the State (llke Loui
XIV Of France) and is Governor Of tn
STATE, what force or meaning have the word
: superseded by the authority of the State?
1t evidently refers to him and the Others
5 beng officers under another organization; VIII
were to hold on, until the organization Of ii
State and until the officers acting under tn
authority of the State should ''supercede
them.
Suppose Gov. MEDARY is called upon to i
sue proclamation for any purpose Woul
; he proclaim it as Governor of the Territ0r
or as Governor of the State ? We are eithe
a State or we are Territory-we cannot b
both at once. Gov. MEDARY is either Gov
E amman &C tho Stato or Of tho Tarr;torx-