New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-27


the principle namely that the certificates Of mem
bersbip granted BY undoubted returning officers
NUT be respected sntil the House, after investgs-
ton, shall, by direct vote, have Overruled them.
New let us set forth the real facts in the case,
and all Of them:
]. The Enabling Act authorizes each Council and
each Representative District Of the Territory
to elect to the Constitutional Convention
twice as many Members as it sends to tho
Territorial Legislature Councilmen or Repre-
sentstves, as the care may be. The
whole number of Councimen and Repre-
sentatives is "a, so that full Convention would
naturally be composed Of 1OS Members.
II. But the district or county of PembinA, on the
north line Of the Territory, lies in good part outside
Of the limits prescribed by the Enabling Act Of
Congress for the proposed State OF Minnesota,
nearly all its inhabitants (whO are mainly French
AID Indian half breeds long resident in that regon)
reside outside the proposed State, in what will
probably hereafter be known as the Territory and
ultimately the State of Dakotah. Of course, these
have no equitable and moral, yet they may have
technical and legal, right to DO represented in the
Minnesota Constitutional Convention, and 1t Is
claimed that Elk members are now 10 St. Paul hold
ing what purport to be certificates Of election from
Pembina. Our correspondent Gays that these cert.
Gates are signed by the clerk not Of Pembna, but OF
Nieollt County, and that one of the members thus
certified 81. p. Wilson) has lived ever since he
came to Minnesota in Ramsey or Hennepin
County, near st. Paul, and is believed never to
have been within FIVE hundred miles Of Pembna!
He believes it can be proved that ne election was
held in Penbna County, and that the certificates
of election of the persons claiming to represent
that county were manufactured in st. Paul. StIl'
if they are properly authenticated as emanatlng
from the returning officers of Pembina County, we
hold that they are to be respected in the prelmi-
nary organization.
III. The County Of Hennepin was entitled to
chOOae two Members in ito capacity of Council
District and four other Members in its capacity of
Representative District. The vote was close, aud
TIVE of the Republican and four of the Democratic
candidates stood highest. But the Republican bal
lots we're correctly designated and cast for two
Members from the Council and four from the Rep
resentatve District, while the Democratic ballots
were cast for six Members Tin lump) from the
county. These last were rejected by the returning
officer as not cast according to law, and thus all the
Republican candidates were returned. They are,
Of course prima Jaeis Members, but will naturally
be unst ated in favor of their competitors, should
the facts, upon contest, appear as above.
Nv. The St. Paul Pioneer (Dem) asserts that
several of the Republican Members were chosen on
Jumped ticket, SO that the certificates might have
been given to their rivals as was done in HeDnepln.
But it is not pretended that any of these rivals
utre 80 returned. The Pioneer further asserts
that one Republican returned from another coun-
ty than Hennepin had not majority of the votes
cast The truth or error Of this statement will be
shown if his seat is contested, as it has not yet
been.
V. One of the Members elected by the Repub-
licans Oh. G. Wait of st. CLOUDY proves to
have been secretly against U.s. and has openly Joined
the Democrats since the Convention assembled.
W. The number of Republicans holding csrtif-
Gates of election is SO, deductng Wait from the
sixty returned as Republicans. The Democrats
legally returned are AZ, which the Pembina mem.
bers, provided they really have certificates from
the returning officers Of that county, would swell to
az. Mr. Grant, Democratic Representative in
the last Legislature himself lifelong resident of
Pembna, has recently been in st. Paul, and de-
cares that no election for Members of the COnven-
ti,n was held there. We believe the six claimants
of seats from that county will prove as little entitled
to them in law as in equity. But we learn that two
other claimants of seats from Pembina are now in
st. Paul, who purpOrt to have been elected 10y
total poll Of 80 votes) from that portion of Pembina
which is included in the proposed State; and these,
We think, have claim to seats in equity though
not in law.
VII. The case, then, sums up thus:
Republicans legally returned. ............"" SO
Democrats ditto. ....................4!
Do. elected by Republicans.
Add full list from Pembina. o. AZ
Full Convention. .................." lOo
II, then, the Convention had been organized as
unit, according to the fixed and indispensable rules
which govern such proceedings, the Republican
officers would have been chosen by 10 majority.
VIII. But let us suppose the Convention duly
organized and scrutiny of the returns completed,
the Convention would probably stand as follows:
Republicans returned as elected ................ 6O
Deduct Wait bad eggl ..................-...l
The contested seats from Henn.pin .........
Do from Armstrong If The Pioneers story
is true ......................'....
Do. from Houston, do, do ......".......... l.
Net remainder of Republicans. ..........-.. So
Democrats legally return ed Mountaineering
Add the aforesaid.
2 chosen from that portion Of Pembina which
is within the proposed State. 2