Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1857-02-14
Removal Question.

On the question coming up in the Council for the
third reading of the Bill removing the Capitol to
St. Peter, President Brisbn left his Chair, and
spoke not for his constituency alone, but for the
dignity of the Council and the Territory. He re-
sisted the passage of so corrupt a measure, which,
would stamp every Councillor who voted for it,
with the crime of moral perjury. He had no feel
ings of jealousy for any part of the Territory,
but he contended that the removal of the seat of
the Government to ST. Peter, would not only be
an unjust and illegal measure, in direct conflict
with the Organic Act, but highly inconvenient to
the people who would soon be called to hold
Constitutional Convention. Contended that there
was no precedent for such legislation-thati it was
outrageous, and would stamp every one who vo-
ted for the Bill, as the advocates of a monster
scheme of speculation, headed by Willis A. Cor
man. And yet he could not believe that German
would sign the bill-he could not believe that he
was SO corrupt a man-that he would dare come
before the people with his signature to bill of
50 monstrous character. Many extracts from
the Organic Act were read in confederation of
his position, as we'll as different enactments of
the Legislature.
Mr.. Balcombe followed MIR. Brisbin, contend
ing that the bill was fair one, and that the Le-
gislature had the power to remove the Capitol
every year if it pleased, and he cited authorities
on the subject. The following are the points
which were made by him:
First-l assert that the Legislature and the
Governor have power to relocate the Capitol
granted to them, by the comprehensive provision
OF the organic act which asserts that s'the Legis
tive power of the Territory shall extend to all
rightful subjects Of legislation, consistent with
the Constitution of the United States and the
provision of this act' without it can be made to
appear that some special provision of said act,
relating to the location, has not been fulfilled,
or that Congress has passed prohibitory act.
Second-l assert that Congress has never pass
ed prohibltory act, and every special require
ment relative to the location of the Capitol, in
the Organic Act has been fulfilled, and that there
were but three of them, all of which have been
complied with as follows:
LIST. The first Session of the Legislative As
sembly was held at St. Paul.
I'd. 6 At said first Session the Governor
and Legislative Assembly, did "locate and es-
tablish temporary seat of government" at St..
Paul per resolution.
3D.. l assert that in 1851, 4" the Governor and
Legislative Assembly" did &c prescribe by law, the
manner of locating the permanent seat Of govern
ment of said Territory, by vote of the people,
BY passing an act which was approved Feb. 7th,
1851, providing for the election of 'sfour commits
sioners," to "procure'' equitable site upon
which to erect the Capitol buildings" and four
Commissioners were elected on the second Monday
in April, 1851, by vote of the people.
Word "Iempordry' not used
On the 18th day of June, 1851, said Commits.
sioners procured 'perfect title to block in Ba-
iii and Guerin's addition to the town of St. Paul.
this place having been selected by the Board as
suitable site for the Capitol buildings" and said
building was erected on said block.
The location of the Prison was provided for in
the same act and by the same words, and the
Commissioners used the same language as in To-
eating the Capitol, and no one doubts the fact
that the Prison is permanently located, and if it
is, it necessarily follows that the Capitol is.
In order to prove this location to be tempo.
rary one. it must be shown that the word tempo
rary is used, if it is not, it necessarily follows
that it is permanent location.
Third-The special provisions of the Organic
Act in relation to the locating of the CAPITOL hav-
ing been complied with to the letter, the re-loca-
ton becomes rightful subject of Legislation
under the Constitution of the United States.
FOURTH assert that if the Capitol has not
been permanently located, then the Governor and
Legislature have an undoubted legal right to re-
locate temporarily as many times as they see fit,
because the 18th Sec. of the Organic Act saws
that the Governor and Legislative Assembly at
the first Session shall locate and establish tenn
porary seat of government" but it does net say
that the said temporary seat shall remain the tenn
porary seat until permanent seat is selected by
the people nor does it prohibit any subsequent
Legislature from relocating it.
Messrs. Setter, Brisbin and Balcombe further
debated the BILL when it passed to a vote on third
reading, as follows:
YkAs-Messrs. Balcombe, Bassett, Humphrey,
Lowry, Thompson, Tillotson and Wales.
NAYs-Messrs. Dooley. Freedom, Ludden, Set
ger, Stone and Mr.. President.-6.
Bailly and Rolette absent.