The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-02-14
Deferred Legislative Reports----Debate
Onthe Bill to Remove the Capitol.

Deferred Legislative Repcrts---Debate
Onthe Bill to Remove the Capitol.
- CoUNcIL, February 9.
On the motion to engross the bill for
third reading, Mr.. Brisbin made very
able speech in-opposition to the proposed
measure. During hi. remarks, and while
denouncing the bill as but another movement
of the finger that had been in the button
holes of all the Councillors who were prepar-
ed to vote for it during the whole Of the pres
ent session of the Legislature, he was inter-
rupted by Mr.. Lowry exclaiming in his seat,
The gentleman is personal in his remarks
| Mr.. B. retorted, turning towards the gen.
tlemen from whom the interruption came,
Aye, personal if you please"
| Mr.. B. continued his remarks, saying that
| he spoke not for his immediate constituency
nor for St. Paul alone, but he spoke for the
dignity of the Council and of the Territory,
when he resisted the passage Of SO corrupt
measure-a measure which would stamp
every Councillor who voted for it with the
crime Of moral perjury. For his part he
harbored no feelings of jealousy against any
part of the Territory, or against the constitu-
ency of any Councillor in this body, and he
trusted that such feelings were reciprocated
by every member of the Council outside of
the city, towards his constituency. He con-
tended that the removal of the seat of gov
eminent to St Peter, would not only be an
unjust and illegal measure, entirely uuau-
thorized by the Organic Act, but would be
very inconvenient for the meeting of the
Constitutional Convention, called to meet by
the provisions of bill which has just passed
one House Of this Legislative Assembly, pro-
viding for taking the census Of the Territory.
He contended there was no precedent in
the annals of legislation, Of any State or Ter
ritrry in the Union. Of SO outrageous and
enormous character, so nugatory, as he
believed, in its operations, as this bill now
under consideration, and which, if passed by
majority Of the body, would stamp them as
the INSCRIPTIONS advocates of monster
scheme of speculation, at the head of whom
STOOD as the chief recipient, one of the prin-
cipal corporators of the St. Peter Company.
his Excellcncy, Willis A. German, and for
his Mr.. B.'s) vote, last winter, for the in
corportion of that company, he now repented
him in sackcloth and ashes.
But, said Mr. B. in continuation, have no
fear that this bill will become law. do not
believe Gov. German to be corrupt man
I have no reason to believe him mean man
Il have heard of him as gallant soldier,
and do not believe if this bill passes this
body, but that it will receive quietus from
his veto in the room below. do not be-
lieve that he will dare come before the peo
ple-for he is an ambitious man-with such
an arraignment against him as would be his
official signature to bill of so monstrous
character as the one under consideration.
During Mr.. BIS remarks, he read extracts
from the Organic Act, and different enact
ments of the Legislature to prove that such
law as the one before the Council, was
without the shadow of legality, and was in
direct contradiction to the obvious meaning
of the Act under wljeh' the Territory was
organized. l>1~s<TLk=~@sA~>s~p As
W Mr.. 1kwas followed by Mr.. Balcomb, who
contended~ that the bill was o just and fair
one-that the Legislature had the authority
to remove the Capital once every year ifthey
thought proper, and cited various authorities
to prove the correctness of his position. The
following points were made by him.
FIRsT-I assert that the Legislature and
the Governor have power to relocate the
Capital granted to them, by the comprehen-
sive provision of the Organic Act which as
serts that "the Legislative power Of the Ter
ritory shall extend to all rghtful subjects Of
legislation, consistent with the Constitution
OF Tnc Unted States anu the provisions Of
this act" without it can be made to appear
that some special provision of said act, rela-
ting to the location, has not been fulfilled or
that Congress has passed prohibitory act.
Second assert that Congress has never
passed a prohibitory act, and every special
requirement, relative to the location of the
CAPITAL, in the Organic Act has been fulfill
ed, and that there were but three of them,
all of which have been complied with as fol-
lows:
LIST. The first Session of the Legislative
Assembly was held at St. Paul.
End. Cat said first Session the Governor
/ and Legislative Assembly, did slocate and
establish temporary seat of government"
at St. Paul by resolution as follows:
Resolced, by the Legislative Assembly of
the Territory Of Minnesota, That the tenn
porary seat of government shall be at Saint
Paul, and the Governor is hereby required
to rent suitable buildings for the Legislative
Assembly and tie Territn rial officers, to be
paid for out of the moneys appropriated by
Congress for legislative expenses. Approved
November 1st, 1892
Sd. assert that in 1871, &the. Governor
and Legislative Assembly, did apresc,ibe
by law the manner of locating the permanent
eat of government of said Territory, by a
vote Of the people,7 by passing an act which
was approved Fob. 18th, 1857, providing for
the election of four commissioners by a |
vote of the people, to procure~= s=ssuita-
bic site upon which to erect the Capitol
buildings,S and four Commissioners were
elected on the second Monday. in April, 1851
by vote Of the people.
Word ':r1sanporary" not used.
On the 28th day of June, 1851. said COM
missioners procured "a perfect title to
Block in BAIL and Guerin's addition to the
town of St. Paul, this place having been
selected by the board as a suitable size 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 Ian
guage as in locating the Capitol and no one
doubts the fact that the pr son is perma-
nently located, and If it is it necessarily fol-
lows that the Capitol is.
In order to prove this location to he q
temporary one, it must be shown that the
word temporary is used, if it is not, it ne
ccssarily follows that it is permanent loca-
ton.
1hia-The special provisions of the Or
ganic Act in relation to the locating of the