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

additional representatives as the population
Of the State shall, according to the census
show it would be entitled to according to the
present ratio of representation"
Now it must be evident to the mind OF ev
cry member of this Convention, that Con
gress in this section did not include in the
term representative, also the term senator,
for it provides that "said State shall be entl.
tied to one representative at any rate, and
we are aware that eUery State is entitled to
tro Senator's.
The term Representative" in this section
must therefore be used in its technical sense
Now is it fair and reasonable to suppose that
the Congress of the United States, in the
same act, when speaking Of the TerritOria
Legislature of Minnesota, composed OF COun'
cillors and representatives would include in
the term Representative" members of both
branches of the Legislative Assembly AID
when speaking of the Congress of the U. s.
consisting of senators and representatives
would use the term representative" in a.
other signifcation therefore say that the
construction attempted to be given to the
terms Representative" in the Enabling Act
uuS uOJ LuC SuDpOII VI uudlOSys
Then, that tpoint being gained, the Enabling
Act of Congress provided for the election IN
each representative district in this Territory
of two delegates for each representative to
which that district was entitled. Now the
Territory of Minnesota, at the time the elec-
ton took place, was divided into certain dis
tricts, which districts elected each one or
more representatives to the Territorial Leg
islature, and although the districts may be
called, in some instances, Council Districts,
yet they are in fact representative dis
tricts. In other words they are the dis
tricts of the Territory electing and sending
to the Territorial Legislature, by themselves,
one or more representatives.
We also fiEd, Mr.. President that at the
special session of the Territorial Assembly
Of this Territory, last held, upon the recon-
mendation of the Governor of this Territory,
the Legislative Assembly passed an act in aid
of the act of Congress, and by that act,
amongst other things it was provided that up
On the same day provided for by Congress, an
election should be held in the various pre-
cincts of the Territory for the purpose of the
election of certain delegates /; and it is spe-
cially provided in that act, that eech Council
district in the Territory shall elect two dele
gates for each Councillor, and that each repre-
sentatiye district shall elect two delegates for
each representative. Now, so far as the act
of the Legislature contraveneS the Act of
Congress, contend that it is simply inope-
rative. So far as it is'iq aid of the Act of
Congress, l contend that it h&s : certain de-
gree of validity and binding force.
Now, contend, Mr.. President, that there
was provision made by law for the election
of t,oo classes of Delegates. In the first
place it was provided that each representa-
tive district should elect two delegates for
each representative in accordance with the
act of Congress. The authority yesting in
the people to elect those delegates emenat-
ed from the supreme power of the land to
whom alone it belongs to provide for the
abrogatiop of Territorial governments, and
the establishment of any other form of gov
ernment, and that the authority to elect those
delegates, emanating from the supreme pow
er, vested in those delegates the authority OF
the principal. On the other hand, whatever
right the Legislature of the Territory might
have had to authorize the election Of delegates,
o. course the delegates elected under that au-
thority would posses no greater authority
than the principal. But, without discussing
or attempting to define the difference be-
tween the two authorities, [ contend that
there is difference, and radical and mate
rial difference; that while the Convention
would be bound to receive the delegates
elected by virtue of the provisions of the act
of Congress, it would be matter entirely
within their discretion to admit or reject the
others. Therefore, say that there not only
Of delegates, but there was an absolute ne
cessity that that distinction should be made
and kept by the voters that undertook to
elect delegates, and by al! the officers of the
Territorial Government who were to return
those elections, in order that this Convention
might have before them all matters necessary
for their final determination
Now, Mr.. President, it is contended by
the gentleman who spoke to the preamble
and resolution which have referred to, that
there are sitting in this body and deliberating
therein, six members who received certificates
from the proper officers and t, ok their seats
in this body upon the ground that although
they did not receive majority of the whole
iuihO0 VI 'OtCS CdSC III CuCli uiSttlCtS ICJ
that they did receive majority of the
votes cast for the particular office which they
claimed to hold, and as observed before,
our of those Delegates hold seats in this
Convention to represent the st. Anthony
Council and Representative Districts.
l propose, now, Mr. President, to 60 back
1 little and examine one of the provisions of
he Enabling Act, which reads as follows, in
section 3:
eturns made in all respects in conformity with the laws
If said Territory regulating the election of representa-
lives.
tits here specially pointed out by Congress
that the election of those Delegates, and the
returns of the elections, are to conform in ev-
cry respect to the provisions of the laws of
his Territory regulating the election of rep
resentatives. propose now to examine
hose laws; and the first point to which 1
,all the attention of the Convention is to the
provision regulating the action of voters in
casting their votes Section 13 of page AZ.
If the statutes of Minnesota, provides
rs follows:
ering to vote shall deliver his ballot to one of the
judges of election in presence of the Board The ballots
hall be paper ticket which shall contain, written or
'rinted, or partly written or partly printed, the
# the persons for whom the eector intends VOTE and
hall designate the Office to which each person named
intended by him to be chosen but no ballot shall con-
ain greater number of names Of persons designated
any office than there persons to be chosen at the
lection to fill such Office.
l next read section 80 of the same chapter,
which prescribes the duties of the Judges of |
election:
The ballots and po lists agreeing or being made IN