The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-07-25
VOLUME Is As
NUMBER As
my witness is the same paper from which
have already read-the Pioneer and Dena

MY witness is the same paper from wb;cl
l have already read-the Pioneer and Ileono
crat. '"'
In giving statement of the nrocoad;ra -.
OF .ne Convention % t ct day, it says, al
70 IL octocS II. NJ, 4 c. L. Chase, Secre.
tary OF the Territory Of, Minnesota, and Mr.
North, of Rice County, simultaneously on.
tered the Speakers desk and called tba Con
ventiOn to order" 1 l.- oo''
l a'so call upon every Republican member
OF this Convention to bear me witness wbcn
l say that about seventeen minutes before l.,
clock, and before any attempt was made ~,
the part OF the Republicans to orcanize tho
Democratic members marched into this HolI
IN body, and through Mr. Chase. souob, to
secure the preliminary organization. Sir
such are the facts.
1 next propose to speak of the right of the
secretary OF the Territory,as such. to Gail th;s
Convention TO o; der. The Organic Actiof tho
Territory of Minnesota, which created two
Office OF Secretary, las defined its powers and
prescribed 'ts duties, The third section Of the
Organic Act says: 49, :. - ~ - '-'
90 Xxx atDer enacted, That there shall be Sec
oi saia 1erritory, who snail reside thors,u .n
hold his Office for four years unless snoner Gnu
e iIesueht u uie United States he shall record
al. te laws and proceedings OF the Legsa-
i've Assembly hereinafter constituted and all tI cts ~
proceedings ofihe Governor in his Executive
ne snal TRANSMIT one copy Of the laws and orr on -,
casr ~ m on or before the frs day De-
te same time two copies Of the laws to the Snear s
me House OF Representatives aud the President of ,b
ne use OF Congress- And in of the death
or necessary absence of the Governor from t
ierory the Secretary shall be he is hereby autb
ana required to execute and perform all the powers
and duties of the Governor during such n
absence or until another Governor shall be dulv
appointed to fill such vacancy. W "'
!n that section, we find his duties. his
rights and his powers clearly and distipclv
marked out; but among those powers nothing
can beiound giving him authority to oroanize
or callto order Constitutional Convention
Neither can any such power or authority be
found in any law which has been na. sod b,. M
congress or the Territorial Legislature of
Minnesota. Hence, say, that the Secretary
OF the Territory, as such, has no more power
has no more right, has no more authority to
Call such convention to order, than any in
dividual who may Lappen to be passing along
the street. This, Sir, in my judgment, would
settle everything connected with the or
yanizatiot of this Convention. But we nm.
ierstand it is claimed that he had not onIv
the right to call the Convention to order no
secretary OF the Territory, but as member
Of this Convention.
Sir, recognize most fully the right of ey-
cry person who has been duly elected, and
who has certificate of his election, as a mem.
Der to call this body to order. The right If
such member mnst be recognized. But. Sir
had he any evidence to show that he wos q
member OF this Convention Not any at all.
sir. he had no cert cate of election and
'pon this point the rules and regulations of
practice are we'll settled. Tho
oest authority which know upon this snh.
ect Is Cushings Law and Practic of Ieoisla.
i've Assemblies, which is recognized as the
nlguest parliamentary authority in this conn
ry. Upon this subject he says
rhese principles are as follows: First, that ever,
,erson duly returned Is member, whether lesan,-
ecie" or not, until his election is set aside SecnnS
RAT no 02'eFson arhO is not dHiy returned az n
ished. @'ee'on - estap-
Mr.. Chase at that time, therefore. could
rave no clam as member. And I have
shown that neither as Secretary of the Terri,
ory nor as an individual, who comes herr.
without any certificate as member which -
air upon its face, had he any right to cali this
Convention to order
Again, we find that almost invariably
where the Secretary of Territory has colIai
uch body to order, it has been by yirtue of
ONE law Which authorized returns to ba
made to his Office, and he being the keener mr.
ustodian Of these returns, has been snttereJ
0 perform that duty. Bnt under enabl;no
cts like ours, in all the Territories as far as
ny knowledge extends, the universal prac.
Ice and custom has been for some member
Vho has certificate which is fair unon ;,s
ace, to call the Convention to order So
hat say even upon the ground of precedent
le had no such authority.
Now, Sir, if l understand the nos;t;o,
;hlch we at present occupy, it is substant;-
lily this: We have met here az delo~ata,
uy elected, with certificates in our nossss'
ION, which are fair upon their face. W.
net at the time appointed by law. Wem.do
N agreement with our DemOcr attic bretbren
'hIch agreement was violated by them in 49,
lst instance. If VIC organized before 10
CLOCK, 1t was because we were comnellod 90
DO in order to preserve our rlebts-tbav
aving violated the agreement in the t;rs, ~
lance oy an attempt to organize, of course
'e had no other alternative left.
Then, say, that as we stand here heforo
he people Of Minnesota, we stand inst;f;ad
pom the ground that wc have done ever
hing which the terms Of our agreement 70
done everything that honor
ictated. "0A
But, Sir, it is insisted that we sbould not
ave allowed certain gentlemen from Henne.
an County their seats.
tell you, Mr.. President, we had no alter.
ative in this matter-we had no right to oou
hat they should not take their seats in IT,.
rst instance and participate in our proceed.
,gs up to such time as their seats mipht y.
ontested. They had certificates of eisct;o,,
nd We had no right to 60 behind those oon
'ticates, when no one contested their co.,,
nd pronounce their election fraudulen, 80
old, simply because some newspaper said
hey were. II 1t were true that these Gen.
lemen were not legally and properly elected
rhy not appear before the Convention at tho
roper time. and in the proper manner snd I
rake it appear? No attempt of this kind
'as made, and hence we had no right N SOW
0 these gentlemen you shall not Darticina,e
nth us in our proceedings for the reason that
our certificates Ot election were wropyr,,lIv
and the reason why we know il. -
ecause the Pioneer and Democrat saws So
Mr.. President, who ever heard of newsna.
er rumor being received in courts of Justice
r conventional bodies in preference to tln
ftical statements of properly constituted
Ulcers acting under the sanctions and soIpm-
titles Of an oath2 The idea is too nrenos
er'us to be thought Of
Sir. the doctrine of allowing the maior;tv
o rule is abandoned and the war crv no.
aised is "rue or ruin"
III, therefore, we are compelled to po besoro
he people Of Minnesota upon this issne lot
IS go before them stating the facts az fbev .s
ccurred. If we are charged with being rev.
Iutlonlsts, II we are charged with bein, "a
at'cs, let US have in our hands a clear s1.ta.
lent OF tn sc truths i understand to a cer.
am extent, the Republican sentiment of this
errtory and know that sentiment demands
nd wants moth ng more than what is right
nd what is just, l know that the RenubI;-
ans of this Territory demand of Others moth.
lg thatis not founded upon PRINCIPLES Of
0nor and justice. = know that the members
i this body have demanded nothing that
7as not justly, legally, and honorably due
hem. Mr.. President no man feels more sem
tive than l do when charged with rel o.
iolatOrs of the Constitution, and with havi Q
70 regard for the federal compact which shouI3
ind us all together. For one, / saw that
tand here to-day having taken nv oath to
uDDOrt that instr1,monf ond ;rt,-j : -.--