The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-12-12
WEDNESDAY, DECEMBER ., 1857.

SkNATk.-lue Seuate WAS Cohou W 0ANS,
at 10 O'Clock, and opened with prayer by the
Chaplain.
The roll was called, and the Journal read
and corrected.
Mr. STREETER, of Houston, moved that
the petition of Jared Benson, contestant oil
the seat of John Bantl, be taken from the
table and referred to q select committee o.
five, who shall be empowered to send fol
persons and papers. Carried.
The Committee appointed ON Rules Of Or
der reported the same, and
On motion of Mr.. HULL, amended BY Mr.
JONES'
The report was accepted, the committee
discharged, and the rules ordered to be print
ed.
Mr.. VAN ETTEN, of Ramsey, moved
that hundred copies be printed for the use
of the Senate. Carried.
The PRESIDENT appointed as a Com
mittee of Furniture, Messrs. Van Etten, Nc
kune and Richardson.
Mr.. JONES, of Fillmore, moved that the
Secretary be authorised to procure suitable
desks for himself and assistants.
Mr.. VAN ETTEN offered a resolution
providing that committee of two be ap-
pointed to act with similar committee from
the House, to report rules for their govern
ment, while in joint sessions. Carried.
The Chair appointed, as Committee tc
wait on the Governor, Messrs. Bates of Hen
nepin, and Hull, of Fillmore.
Mr.. BATES declined, and Mr. Adams
OF Wright was appointed in his stead.
The Chair appointed Messrs. Chase and
IAN Etten rs Committee to draft rules for
Joint Session.
Mr.. NORTON moved the resolution Of
fered yesterday by Mr.. Hull of Fillmore,
appointed a Committee of two to wait on
the Governor, &C., be rescinded.
while he was reducing the motion to
writing,-)
Mr.. BAILLY, of Dakota moved the Sem
ate adjourn until Friday morning at ten
o'clock. Carried.
HeUsE.-The House was called to order
according to adjournment by the Speaker.
The usual preliminary business was had,
when
Mr.. DOW from the Committee on Creden-
tials reported that Geo. S. Leonard from
Steele County had presented regular certi-
ticate of election and was entitled to a seat
in the House.
The report was adopted and Mr. Leonard
presenting himself to the bar of the House
was sworn in by the Speaker
Mr.. BRAY offered resolution requiring
the Speaker to appoint teller to count the
members in each row Of seats in case of a
division of the House. Lost.
Mr.. EAMES offered resolution that there
be Committee of two to act in conjunction
with similar Committee from the Senate
for the purpose of drafting Joint Rules for
the government of the two bodies. Adopt
ed.
Mr.. OTIS re-offered his resolution of yes
terday in relation to the appointment of
Joint Committee for the purpose of confer
ring with the acting Governor, &c.
Mr.. BALCOMBE. AS an individual men,
Der of this House desire to enter my SOL
emn protest against any such proceedings as
the passage of this resolution would bring
upon US. And as it is probably aforegone
conclusion that this resolution is to pass
whatever may now be said on the subject,
yet wish as far as | am concerned to throw
off all responsibility, and also to fix the res
possibility of its passage on the heads of
those who have determined to take that res
possibility.
Mr.. Speaker, am but plain farmer at
home, and no lawyer, and it will not there
fore be expected OF me to make that logical
arrangement in the legal and constitutional
points am about to present, that gentle
man learned in the law" might be expected
to do. l take this position. l hold that the
present or the acting Governor, as tho resolu-
ton styles him, is not part and parcel of
the legislative power of the State of Mnne-
sofa; and that all that the Legislature can
now do is to adjourn and wait till the State
is admitted into the Union, when the Gov
ernor of the State may by proclamation d.
rect them to assemble.
The article of the Constitution which d.
rected the first Legislature of the State of
Minnesota to meet at this time, is one of the
blunders of that instrument. 1t is we'll
known, and 1 need not here recapitulate, I'M
der what circumstances that Constitution
was framed-that the entire work was
placed iu the hands of committee, who did
not report # to the Convention till the day
before the adjournment of that body and
that they were thus compelled to vote upon
it without elaboration, without investigation,
and without even having read copy of 81
% not printed till the day p" A.,
as ,. II m~S Hence it might Ter the
aSot # would contain SO" ,,, Je eApfE.eG
the appearance OF me Constitution in mint
the article O. Ing the Legislature together at
this time was not noticed and it then pre-
sented an Inconsistency to every man-it was
q mistake-a blunder. l conversed freely on
this point with the person who presided over
the deliberations of the Democratic part of
that Convention, and also with one of the
members who has since been elected men,
Der of the Supreme Court of the State, by
whom it was characterized as a blunder.-
Democrats looked upon it in that light then,
and in no other-it was the common talk OF
all the members irrespective of party.
Now, Mr.. Speaker, the passage of this res
olution would present this anomaly-that Of
recognizing the Territorial Governor of Min.
nesota as the Executive of the State of Min
nesota. And | hope the members in voting
upon it will not act as partizans, but as Legis
lators. A state of things which the passage
of this resolution will recognize will lead t.
trouble and litigation. According to the
Constitution, the Governor and Lieutenant
Governor are part of the Legislative power
Now the question is, have we Lieutenant
Governor Sir, l contend the Legislature
or rather two Houses, are not properly or
ganized The Senate is in session without {
legal presiding officer.
Mr. STARKEY-I call the gentleman t.
order. The gentleman is making a state
ment rejecting on the conduct of a member
of the Senate about which the gentleman OF
this House can have no knowledge or inter
est.
The SPEAKER. The gentleman from
Winona is in order.
Mr.. BALCOMBE. will call the atten
ton of the House, Mr.. Speaker to Art. S
Sec. 6, of the Constitution, which provide.
that .the Lieutenant Governor shall be ex
officio President of the Senate, and in case
vacancy should occur, from any cause what
ever. in the Office of Governor, he shall b,
Governor during such vacancy.
D,o,o .bo close IF oach session of the Sen