The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-19

pie were destitute Of municipal government,
the subject would assume new phasc.
/ But, sir, as il Is, both Monticello and
Lower Monticello have had granted to them
charters for municipal purposes, by prior
Legislatures, under which they live, and are
perfectly satisfied.
They ask no alteration whatever at your
hands They only ask that o her localities
do not interfere with their domestic matters,
and thrust upon them form aud officers OF
government wholly undesired by them.
II governments derive their just power
from the consent Of the governed" Why not
allow the people Of Monticello quietly and
peaceabIy 70 eontnm to enjoy the rights,
privileges and immn mites granted 70 them
by their former charter, provided there is
nothing therein contained repugnant 10 the
Constitution and laws Of this Slater And
what excuse il there for treating their petit
tions and circumstances with consummate
contempt? Why pass laws in diametrical
opposition to their expressed will? Why,
n TACT, stile the voice OF the people?
I further object to the passage OF this
bill on the ground that il is sought Tor town
site entry purposes. II cannot he urged
that the people OF Monticello and Lower
Monticello require this act for the good Or
der and government Of the citizens thereof,
or for any other reason, for they already
have two municipal interpretations amply
sufficient and satisfactory in all respects.
1t must be perfectly obvious to oil that
object, and the sole object, too, il entry
purposes.
And such being the case, the incorpora.
ton OF the town OF Moritzious can not come
within the purvew Of thee Constitution,
because, by reference TO Section 2, Article
! X OF the State Constitution, it will be read
lily seen that no corporation shall be formed
under special acts, except for municipal
purposes. Hence, say, il the Legislature
should pass this act, it would be unconstitu.
tional and void.
That portion OF our constitution relating
to the distribution of the powers OF govern
ment very wisely prescribes, that these pow
ers shall be divided into three distinct de-
partments, the Legislative, Executive and
Judicial and no person or persons, belong
ing to, or constituting one vi these depart
ments, shall exercise any OF the powers
properly belonging to either Of the others.
This distribution Of the powers Of the gov
ernmeut il in perfect conformity with the
constitution OF every State in the Union,
aud this new and unwarrantablc assumption
OF power proposed by the friends Of this
measure on this floor, absolutely destroys
these distinctions 10 clearly enurciatcd in
our American system OF government. The
cause Of liberty, the cause 0! justice, az the
experience OF this and all other countries
demonstrates. actually demand that these
distinctions 90 preserred.
Now, sir. hold that the parties seeking
the repeal OF the existing acts of iucorpora-
ton for the causes specified, most palpably
transcend their duties as legislators, and
grossly violate the provisions of our consti-
tuition, when they attempt to steal the er-
mine OF the Judiciary, and to decide upon
the equities involved in the case. Sir. this
legislature virtually proposes to encroach
upon the duties and functions which pertain
solely to the Judicial department Of our
State government.
II arrogatcs to itself the position and
right OF acting as umpire in matters OF It,
| gal difference Ii makes the law II cS.
pounds the law, and il executes the law.
Better ut once establish Minnesota de-
eemvrate who shall exercise the most ar
bitrary and absolute authority over the
people OF this state, break down the dis
tinc,ious Of government, refuse the right Of
petition, 20 home to your constituents, and
declare to them that you are omnipotcnt
and omniscient, and that they have nopriv
ileges nor rights which can claim your al
tention or respect.
If this act Is passed property to the
amount OF nearly two hundred thousand
dollars remains in jeopardy for two or three
years, at least. II this act IS passei, the
authorities contemplated in this bill eau
nerer enter the town site, for II will be i'm
possible for them to file their bill within
Mree months FROM the time Of the reception
OF the government plats at the local land
Office, they being received one year ago last
Spring. The entry, by any party Is ahso.
lutcly precludcd. and nothing save special
enactment Of Congress, can give the occu
pants Of these town sites any relief.
On the Other hand, il this act is not pass.
ed. we STE Mr.. Weisberger is TO be wrongctl
or injured in no respect-,hat he, and any
who may claim under him, will bc defeated
in no right. which ii may be in their power
to establish ia other words, absolute inter.
ests are SURF and inviolabe.
II this nc, is net passed, you listen TO the
voice OF the people, protect their jus, rights
and iuNf,ts, not sympathy, ,riumphs.
Nuothsr (onystt.