Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1857-02-21


scribe by law the manner Of locating the perma-
nent seat of government Of said Territory by q
vote Of the people. And the sum OF twenty thous.
sand dollars out of any money in the treasury
not otherwise appropriated and granted TO said
Territory OF Minnesota, 20 be applied BY the Gov
ernor and Legislative Assembly. to the erection
OF suitable public buildings at the seat Of gov
| ernment."
While section six above recited, asserts in ell
feet the exclusive jurisdiction of Congress over
the..Terrtory, and reserves the right to disap-
prove OF all Territorial laws, whether good or
bad, it nevertheless extends the legislative au.
thority to all rightful subjects of legislation not
inconsistent with the act itself, or the Constitu
ton OF the United States. The question then
presents itself, whether the removal of the seat
| OF government of. the Territory in the manner
proposed, is consistent With section thirteen Of
| the act.
1t IS an inhexible rule of construction that
where statute directs an act to be done in par
ticuar manner, and points out the persons or class
of persons by which the act is to be done or per-
formed, the act can be done in no other than the
manner Indicated; and by no other persons or
class OF persons than those designated by the
strtute Congress has, in section thirteen, clearly
indicated the particular manner in which both
| the temporary and permanent seat of govern
| ment should be es fablshed and located, as well
| as pointed out, by whom the same might be done.
The people of the. Territory were by vote to To-
cate the one, an the Governor and Legislative
Assembly. at their first session, We're to locate and
establish the other. 1t was evidently the inten-
ton to give to the people the sole power to deter
mine the perm anent location-while the Governor
and Legislative Assembly, were given power to
exert and duty to perform-power at partic-
ular session, 1.-THE frst,) to locate and establish
the temporary seat of government, and the duty
OF providing by law for submitting to vote OF
fhn &c Al.
government The power they did not fail to ex-
ercise the duty is not vet performed.
BY the terms of the law the Governor and Leg
islative Assem- bly, were to establish well To-
cate the TEMPORARY seat of government; and if
any effect is to be given to the meaning OF the
terms used, then the Governor and Legislative
Assembly. " ere to fix firmly or unalterably the
maneRt sef.t was located by a vote of the people.
By joint, resolution of the first Legislative AS
sembly, approved Nov, l, l849, St. Paul was Sc
lected as the temporary seat of government.
This was an exercise of the power given the Leg
isature at its first session, which having been ex
ercsed by the particular class of persons to whom
it was intrusted, and upon the particular subject
matter, is exhausted and no subsequent Legis-
lature, in my opinion, can interfere with the SUBJ
jecJ further than to pass law preparatory to sub
hitting the permanent location to vote of the
people. .u q.
Alternatives in statutes that introduce new
rule, imply negative of all that is not within
the purview.'' blob. Rep. 298.
And when a statute limits thing to be d one
in particular form, it includes in itself mega
tive-viZ: That shall not be done Otherwise
Plowd. 206 b. Il l Kent, 1867 note.
After the temporary seat of government had
been located and established at st. Paul as above
shown, it will be remembered, that it became a
grave question whether the money appropriated
for public buildings could be applied in the erec
ton of buildings at any but the permanent seat
Of gOvernment,-Fr this embarrassment Con-
gress relieved US by the act of June llth, 1850,
which is as follows:
"SEc. l. Be 1t enacted, &C., That the sum of
twenty thousand dollars each be, and the same is
hereby appropriated out of the money in the
treasury not otherwise Appropriated, to be ap-
piled by the Governors and Legislative Assem-
blies of the Territories of Minnesota and Oregon,
at such place as they may select in said Terrific
ries fer the erection of Pententiaries.
"SEC. 2. Aad be it further enacted, That the
Governor and Legislative Assembly of the Terri
| tory of Minnesota are hereby authorized to ex-
pend the appropriation made in section thirteen
of Gan Act to- establish the Territorial govern
ment of Minnesota" approved March Sd, 1849,
for the erection of suitable public buildings at
the temporary seat of government of said Terri
tory, at such time as they deem proper, any pre-
vious law Notwithstanding"
1t is worthy of notice that nothing is said in
this act about locating the seat of government; it
merely authorizes public buildings to be erected
at the temporary seat. And that while the Gov
ernor and Legislature could erect the penitentary
at any place they might select, yet the money ap-
propriated for the erection of the Capitol build
ings to be expended at st. Paul only, that being
the temporary seat of government.
At the next session Of the Legislative Assem-.
bly,, by an act approved February 7th, 1851, the
Governor and Legislative Assembly availed them
selves of the permission given by Congress to ex-
pend the appropriation mentioned in section thir-
teen of the Organic Act. The act was enti-
tied Gan Act to provide for the erection of public
buildings in the Territory of Minnesota" and in
all its provisions it comported strictly with its
title. 1t did not, as has been enormously sup
posed, prescribe or attempt to prescribe the man
ner OF locating the permanent seat of government,
by vote of the people or otherwise. In fact
there is not one word in the entire act which re-
lates to the seat OF government or the location
thereof either temporarily or permanently. 1t
directs simply that the Capitol or public build
ings for the sessions of the Legislative Assembly,
Supreme Court, Library, and for the use of such
other officers of the Territory may be prescribe
ed by law, shall be erected at central point in
the town of st. Paul, aud u Territorial prison
erected on some eligible point in the town of
Saltwater" (Sec. l.)-Then follow. provisions
for the election of commissioners in the several
districts defined.
The commissioners provided for were not com.
missioners to locate the seat of government, but
were styled 6 Commissioners of Public Build
| ings," (Sec. 2.) At their first meeting they were
required not to locate the seat of government but
| to take steps and adopt measures necessary to
procure suitable sites upon which to erect the
Capitol buildings in the town of St. Paul, and
the Territorial prison in the town of Saltwater,
| and "for the commencement and early completion
of said public buildings " (Sec. 10Y They seem
| to have had little or no discretionary power-they
had not even the privilege of selecting the quar-
ter OF the town where the capitol buildings should
be erected, for it was carefully provided by the
first section that they should be erected at GEN.
| trail point in the town Of St. Paul. Their whole
duty in this particular was to procure title to
site at point in the town already selected by the
| Governor and Legislative Assembly; and then to
| expend in the manner pointed out in the act au-
| thorizng their election, the money appropriated
for public buildings This act of the territorial
Legislature will be found throughout to CORES
pond to the enactments of the act of Congress of
June 18th. 1850; and so far from relating in the
| remotest degree to the location of the seat of
government of the Territory, is as its title inn
ports, simply the way provided by the Governor
| and Legislative Assembly, for expanding, under
the authority of said act of June 18th, 1850 the
| money appropriated for the erection of public
buildings. The position therefore that the act
OF the Territorial Legislature of Feb. 7th, 1851.
provided for submitting the location of the seat