Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1857-02-21

eIciso euc uiecICtlOn gwen, In the particular In
stance, their power is gone forever and that they
would have no more authority to act again in tbss
| premises, than would the building commissioner
mentioned, or commissioners to locate county
| seat in the, case instanoed, after they had pro.
cured title TO site for the capitol buildings, Of
located the county seat, and their acts and doings
made matter of record, have the power to procure
to her sites, or to relocate tho county seat ad in
fnitum. Were ours a State Government, the
Legislative Assembly might well contend, that, al
representative of sovereign people, they have
the right to legislate upon this or any other SUBJ
ject not expressly forbidden by the State consti-
tuition but when we reflect that ours is but q
governmental delegated powers, derived from q
government Of delegated powers only, We cannot
claim that more liberal rule of construction
should be applied in our case, than is applied to
the government, from which all our powers en-
anate. The rule therefore applicable to us is, as
before stated, ssthat being a derivative govern
ment we can claim no powers which are not gran
ted in the Organic Act, either expressly or by
cessary implication"
But, it may be asked, is not the power to re-
move the seat OF government embraced in the 9th
section of the organic which extends the legsla
tive power to ell rightful subjects of Legislation
am of orinion that it is not. The fact of Con-
gress prescribing by the thirteenth section the
particular manner in which the seat of govern
ment shall be located excludes the idea of the a.
plication Of the sixth section to this subject The
term legislation, as there used, means simply the
making Of laws for the government Of the people,
within the meaning Of the term municipal law y
as defined by text writers. Blackstone, after de-
timing municipal law, says:
| "Let us endeayor to explain its several proper
ties they arise out Of this definition. And first
| it is rule, not transient, sudden order from q
superior to, or concerning particular person
but something permanent, uniform and uniuersal.
Therefor particular act of the Leg stature to
confs ate the goods Of Titus or to attaint him OF
high treason does not enter into the idea of a
municipal law: for the operation of this act is
spent upon Titus only, and has no relation to the
community in general: it is rather sentence
| than law. But an act to declare that the crime
of which Titus is accused shall be deemed high
treason--this last permanency, uniformity and
universally, and therefore is properly rule.''
Blackstone Conn.,, vol, p. A. f.+ts
| 1t is clear from this extract, that any action
of the Territorial Legislature concerning the To-
cation, or removal >of the seat of government,
would not be legislation within the proper mean
ing of the term; for it would not prescribe a
rule Of civil conduct, it would expend itself up
| on the particular subject, and having no univer-
salty would be mere legislative act. not com.
ing within the class of legislation authorized by
section six. OF if otherwise, why it may be
asked was it necessary to authorize action on that
|
| That mere acts, az above defined, may be, and
frequently are passed by State Legislatures is
true, but it must be remembered that State Leg
islatures represent the people of sovereign State;
and according to the acknowledged rule of con-
struction, as representatives of the sovereign
power, pass any act or enact any law, not for
hidden by the State constitution, while Terri
torial Legislature, deriving its powers from Con-
| gress, and not from the people of the Territory
do ar 10 uOt ovn In thnr nod
or necessarily implied from the charter under
which it acts. They stand on precisely oppo-
site grounds. State Legislatures are restrained
only by their constitution but derivative govern
ments are authorized to exert powers not belong
ing to them before.
There is yet another act of Congress that may
bear upon this question of removal.-By an act
approved March Sd, 1853, it is enacted:
''That the sum OF twenty-five thousand dol.
of any money in the Treasury not otherwise ap-
propriated, for the continuation of the public
| buildings in the Territory of Minnesota, one.
half of said sum to be applied to the compile
ton of the Capitol at ST Paul, and the re.
mainder to the completion Of the prison build.
ings at Saltwater in said Territory, to be ex.
pended under the direction of the legislative au.
thority thereof; Provided, that nothing herein
| contained shall be construed to authorize any
|
ty, for the purposes aforesaid than is provided
| for in this act"
If Congress meant by this to say that the lib.
eral appropriations from the United States treas.
ury for the erection of public buildings, should
exonerate the people of the Territory from all
taxation thereafter, for the erection of the cap.
ital buildings, then it follows that the legisla
tive authority could under no circumstances, pro-
vide for the erection of another capitol, if the
| erection thereof were attended with any expense
| to the Territory.
have carefully examined the various acts Of
Congress, and of the Legislature, relating to the
location of the seat of government or the cree
ton Of capital buildings, and there are none
which seem to bear on the question submitted
other than those above alluded to. have givcr
the subject as careful an examination as in my
power, and am clearly of opinion that the Legis.
lature of the Territory has no power to pass an
act providing for the removal Of the Capitol, and
that the temporary seat of government being es-
tablished as well as located at st. Paul, must re-
main there until permanently located by vote
of the people. Respectfully submitted,
L. EMMETT.