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

lts lace, present an appearance OF right
Is it not right in fact ? Certainly it is.
N ow, as it has been disputed by gentle
man high in authority in the other party, that
no written request was made to Mr.. North
to call this Convention to order, ask the
Clerk to read from his journal the written
| request as entered thereon by the order OF
| the Convention.
The Clerk then read the request as fol-
| lows:
We, the undersigned, members elect to the Constu-
North to call said Convention to order at as early an
hour on Monday the 18th Of Jelly nst as the majority
| OF 1he Convention shall be found in attendance
st. A. D. Balcombe, Thos. Foster, II. W. Hoey, Thos
Wilson, l.. X Stannard, W. H. G. Folsom n p Colburn
A. B. Vaughn Thos. J. Galbraith, w. Hayden, W. r.
RUSSELL T. D. Smith, N. B. Robbins, B. H. Baldwin, E.
NIB n: Bates. j. Murphy, s. w. Putnam, F. a. Ceder.
+. Aver, Geo. Watson, Frank Mantor, Chas H. Coe j.
A. Anderson, Chas g. Garrish, H. A. Billings g. Hard
W. North, w. J. Dooley, J. A. Kemp, j. A. Mccain, G.
W Thompson. Chas. Mcclure. Aaron G. Hudson Lewis,
L. c. Walker B. E Messer Cyrus Aldrich, David Nor,
gan, r. Lyle, d. L. King, Joseph Peckham, D. NJ Hail.
f. Page Davis, A. H. Butler, Chas Hanson D. D. Dick
erson.
Mr. B. continued Now I will refer to
authorities to show that our proceedings were
actually in accordance with parliamentary
usage. In the first place I read from Cush-
ines Manuel, page 10, sec. 3:
Inc most usual and convenient mode of organizing
arnnerative ass" mby is the folio ring THE members
being assembled together in the ace and at the time
appointed for their meeting, of them addressing
nmsef TO the Others requests the to order
the members thereupon seating Themselves and giving
ther attention to him, he suggests the proprety and
cessy OF their being organized before proceeding
business and requests the memb .rs to nominate some
person to act as Chairman of the meeting, &c.
Now propose to show that that course
has been almost, if not q'nite, universally fol-
lowed, and that this rule universally prevails
that wherever person as been pointed out
| by law as the person to call delberative
body to order, he in the first instance has
the roll of members called. to ascertain who
are members and who are present and that
where the law has not pointed out any such
person, any member of the leliberativc BODY.
whatever It's character may be, has right to
| call the body to order. Where such rerson
is pointed out by law, he acts rs temporary
chairman. There may be exceptions, in prac-
tice, to the rule have laid down, as there
are exceptions to all other rules, but as in
other cases, exceptions prove the rule In
the Massachusetts Constitutional Convention
| held in 1853, the Hon. Robert Rantoul,
of Beverly, called the Convention to order
He was member Of the body, and it was
one ofthose instances in which the law Great
ing the Convention did not prescribe who
should call the Convention to order. In
Ohio the same course was pursued in its Con-
stitutinnal Convention of 1850 Mr. SAWYER.
member from Allen Co., moved that Mr.
Larwill be called to the chair-carried. In
Illinois no provision was made for calling the
Convention to order, and it was called to or.
der by Francis 9. Sherman of Cook County.
upon whose motion Mr.. ZadOk Casey was
appointed President of the Convention pro
tenn. In Iowa there was no provision of law
in that respect, and the Convention was call
ed to order by James Grant, member elect
from Scott County, upon whose motion Mr..
VIM. Thompson was appointed Secretary,
pro tenn. In California, no provision was
made by law, and the Convention was called
to order by Mr.. Halleck, member from Mon.
terey, and Mr.. Dimmick was appointed
Chairman, pro tenn. And here | wish to re-
mark upon the difference in the modestv be-
tween the Secretary of the Territory of Cali.
f"rnia and our Secretary. Mr.. Haleck was
Secretary of California, and was also elected
member OF the Constitutional Convention.
His seat was not in controversy; but, sir, in
stead of arrouating t., himself the authority
OF calling the Convention to order, by virtue
OF his oGcint position, he did so as simple
member of the body, and in his capacity as
such. Note still further his m0destv, in con- |
trast. On calling the roll on the first day. |
it was ascertained that there was not a QUO
rum present, and an adjournment took place |
until the next Monday. On Monday, the |
Chairman announced that he had received a |
communication from the Governor, through |
the Secretary of State. That communica-
ton showed who We're members of the Con- |
vention, according to the ideas of the Cover
nor. The returns were to be made to the !
> cretary and Governor, from whom the Ger
thcates were to come; and had it not been
Tor the difference between that Secretary and
our Secretary, lie could have presented him.
self at he desk and called the roll of mem
bers, be ause he was the only man who had
that roll, and the only man no was Official
ly entitled to it, and who could give certifi.
Gates of election.
l have examined the Journals of the Wis
cOnsin Conventions to frame Constitution,
and find that in both OF them member of
the body called them to order. There are
other instance which might cite, bnt have
referred to sufficient to est ablish the general
rule. have examined the journals of every
Convention | could get hold of, and have
not been able to find a single exception to the
rule have laid down. Not only the rule,
but the business of that mode of procedure
has always been acknt wledged. And here l
take occasion to say, that one cf the men,
bers sitting in TIE other Hall, Mr.. Hocombe,
was member of the Wisconsin Convention
and was personally cognizant of the proper
mode OF procedure. and the rule
l now come to presidents nearer home
AS general rule the Secretary of the last
Senate, the Clerk of the last House. call the
succeeding bodies 10 order in most of the .
States. That is generally regulated by law,
and it is so in this Territory. Our statute 1
provides that The Secretary of the last Coun- ,
cii,and the Clerk of the last House, ARE to call {
cthc succeeding Council and House to ORDER
But an instance ccur ed in 1853, when the !
Clerk 1 the House W; s n present at the +.
meeting Of the following House, and ind !
in the journal of that body that cat IL g
O'Clock, ~, on Monday the 9th of January,
designated by law for the LIE. islature to as
Sembie, the Chief Clerk of the House not !
being IN attendance, on motion OF Mr.. A. !
II. Ames, MIR. Joseph r. Brown was appoin- !
ted to occupy the Clerks desk" Here was !
an instance in which Mr.. A. f. Ames, c
gentleman who holds seat in the bogus Con |,
ve.tion in the Otner end Of this Capita, fol. o
Lowell and acknowledge the binding force of n
the unveI sal rule which | have declared, Z
bat where no person is appointed by law,
to call deliberate body to order, or if there :
be such person and he is absent, the proper a
and usual mode is for some member of the 7
body to call it to order. Joseph r. Brown, c
also a member of that other body, was ap- Il
pointed Clerk under that rule and Messrs. !
Murray, Rolette and others in that Conven- v
ton, Were members of that House, and knew h
Of that precedent, and acknowledged it by 81
heir action. G
But here referred to sufficient number :
Of precedents to show the unlversaIity of the o
rule. and | will thare!Gre nat detaip the a
Conve' Con longer with t is point, though l a
could cite hundred more prec dents were it
necessary to do so. The propriety of such .
a rule Is evident to every unbiased mind. v
And now. not so much for the purpose of q
TIE members, as to the views of p
the elitor Of certain paper in this city, as i
for the purpose of spreading the views of that d
editor upon The journals of debates of this
Convention, will read an editorial article n
written by an editor of neutral paper, sup Ct
posed to be entirely unbiased on this ques- i