The weekly Minnesotian., 1857-11-28

Constitution, we might be supposed familiar
with the document just adopted by the peo-
pie as the fundamental law of our State, we
nevertheless confess to have been pretty ig-
norant of many Of its details, until an article
in the Pioneer, q week or two since, invoking
euery Democratic NJ member Of the Legislature to
be ON hand early for the election Of United States
Senator's, and 80 forth, induced US to look up
a copy of the instrument, and bestow upon
it more attentive study than any of us were
able to give it in the Convention, during the
very short interval between its being reported
from the Committee of Conference and its
final adoption-'going it blind" under the
pressure of q strong necessity-by the
double.heaGed Constitutional Conventions.
Nor do we think the people at large, are
any better, if so well posted up, in regard to
its various provisions They too, in voting
for it, did SO blindly, trusting to the repre-
sentations of the Press, and of their political
leaders on both sides, that there was at least
nothing very Objectionable in it; and desir-
GUS, moreover, of being relieved of their
present vassalage to the Federal Govern
ment, and to be able as soon as possible to
choose for themselves who should ''rule over
them" The result of our examination of
the document, is, in the first place, to morti
fly us that we should ever have voted in Con-
vention, to send out to the people a paper so
full of crudites and inconsistencies, so defec-
tive in grammer and so inelegant in stye.-
The Lord, we hope, will forgive us for all our
sins, and this amongst them. For our Of
fence there are, however, palliating circum-
stances. Had not the Democratic minority
run off from the majority Convention, and set
up bogus body in the west end of the Cap
itol there would have been no necessity
created, nor "outside pressure" brought
to bear, for the appointment of that
famous COMMITTEE of Conference, which virtu-
ally was the whole Convention; and even
that Committee had no fair chance to polish
up its work, hurried as it was, for time,-
precious time lost in the early week of the
session by the stampede of the Democratic
delegates, - and pressed on to premature
parturition by the anxiety of the members
of the Convention-here without pay, and
bearing their own expenses,-to finish their
labors, and get to their respective homes
How be it, this Committee of Conference is
our .scape goat" as a member of that Con-
vention for whatever short comings and i'm
perfections the Constitution of Minnesota
may at this writing display to the gaze of the
bewidered student over its pages.
So much for our first deductions conse-
quent upon an examination of the document.
Our second conclusion, from such examina-
tion, is decidedly adrerse, against, and " for
ninst" the Pioneers construction Of the Con-
stitution, that the State Legislature elect,
which is to meet on the End day of Decem-
Der next, has any right to choose United States
Senator's, or to pass any la0, or to do any
thing rhatever, except adjourn from day to
day, or specified time, until the State of JMin-
aesota has been formally admitted into the Union
By Congress-.
How different opinion can obtain with
anybody, is a mystery inexplicable to oul
mind, even after making all due allowance fol
the blundering and inconsistencies of our
blundering and inconsistent Constitution.
1t is true, Section of the Schedule, pro-
vides as follows:
"SEc. 6. The first Session of the Legisla-
| ture of the State of Minnesota shall COM
| mence on the first Wednesday of December
! next, and shall be held at the Capitol in the
City Of St. Paul"
Thus it is clear, that the first session of the
Estate" Legislature, is directed to commence
on the End day of December; but the point
at issue is whatit can do after it is in session?
Can it pass any law?
The answer to this query is found in Sec
tion II, Of Article Nv, as follows:
"SEc. IL. Every Bill which shall have
passed the Senate and House of Representa-
tives, in conformity to the rules of each
House, and the Joint Rules of the two Hous-
es, shall, before 1t becomes Ian, be presented
to the GoUermor of the STATE" for his ap-
prOVai, signature, &C.
BY this it is evident, that though the Leg
lature may meet, yet without ''the Governor
Of the STATE" it can pass no law!
The next question is can it elect United
States Senator's?
The answer to this is found in another
Section Of the same Article, which is also
subjoined:
"SEc. 26. Members of the Senate of the
United States from this State shall be elected
by the two Houses of the Legislature, in
joint Convention, at such times and in such
manner as may be prescribed By laao."
There is no escaping here from the newt
able conclusion, that until provision is made
by lar, fixing the slime" and regulating the
manner" of the election, no United States
Senator can Constitaionally be elected by the
Legislature.
And as no Law can be passed, without the
assent of the Governor Of the State, the ques-
ton
Whether the Legislature will have any
thing to do when it meets on December I'd?
Resolves itself into the further question,
Will there be at that time Governor of
the State in office
On this point, let us again consult the
Constitution, in the first Section of Article
", relating to the Executive Department
"SEc. L. The Executive Department
shall consist of Governor, Lieutenant Co..
ernor, Secretary of State, Auditor, Treasurer
and Attorney General, who shall be chosen
by the electors of the State"
Now, the electors of the State" having,