Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1858-06-11

nifty with the laws OF said Territory reg
ulatiEg the election OF representatives;
and the delegates so elected shall assem>
BILE at the Capitol of said Territory on
the second Monday in July next, and
first determine. by vote, whether it is
the wish of the people of the proposed
State to be admitted into the Union at
that time; and if so, shall proceed to form
constitution, and take all necessary
steps for the establishment of state
government, in conformity with the Fed.
eral Constitution, subject to the approval
and ratification of the people of the pro-
posed State"
1t will be observed that this law is
susceptible of two entirely different con-
struclions depending upon the siguifca-
ton which you attach to the word ''Tep.
resentatives' In a narrow and constrain-
ed Interpretation OF the meaning OF that
word, it would embrace only the mem,
bers Of the lower branch of the Min
nesota Legislature. A more enlarg-
ed and liberal construction would also
include the upper branch. or Senate
This is question Of legal Interpretation.
upon which some difference of opinion
might naturally arise. The honorable
gentleman from Ohio prefers the former
constitution, which would have made
seventy eight the proper number of dele
gates to be elected to the constitutional
Convention. The Legislature and peo-
pie of Minnesota, of all parties, placed
the latter construction upon the word;
and acting upon this, called convention
Of one hundred and eight delegates
| o. dana ~ GOOD faith 7
could have been done in no other spirit.
What could the people of Minnesota
gain by putting this construction upon the
law? Anything? No. sir; nothing.
Now. Mr.. Speaker, l submit to the
candOr and good sense of this House. if
this argument OF the gentleman from
Ohio against the admission Of Minnesota
has any force or validity? How stands
the case, sir. when plainly put. and dis.
robed of the sophisms which the honora-
Bile gentleman has sought 10 throw
ar. und it? Why, thus: Congress passes
an enabling act containing such vague
and loose phraseology as to admit OF two
constructions as to the number of dele
gates to be elected under it-a matter, by
the way, of not the slightest importance.
The people Of Minnesota acted upon
what they considered the proper con-
strucion, and elect their delegates; and
now the gentlcmon from Ohio and his
| frieuds would have Congress reject their
application for admission into the Union,
because there might be some doubt about
the hidden meaning Of the law which we
ourselves framed. Shall we, sir, avail
ourselves of the vague phraseology of
our own laws 10 perpe;rate great wrong
upon the people Of Minnesota, who acted
in good faith. and placed what they be-
iieve TO be tho most natural and rational
Interpretation upon them? Shall we do
this great wrong. too, for an immaterial
matter-the number OF delegates TO their
convention a matter which concerns
nobody but themselves? In thus avail.
ing ourselves of the vagueness Of our own
laws, would we not be initiating the ex
ample Of the Roman tyrant, who hung
his laws so high that the people could
not read them. and then punished those
who, through ignorance. were so unfor-
tunate rs to violate them? trust l need
say no more on this point.
But sir, another irregularity which the
honorable gentleman advances is, that
that convention was organized into two
separate bodies. He designates them as
a mob. mob ! 1t is strange state
Of things when a Topekaite'' denounces
a mob. 1 thought such language was re.
served for the Democratic side of the
House. do not think that any man
who acted with the Republican party
during this Kansas excitement, and who
during that excitement urged every con-
ceivable argument to override law and
order in favor of mobs, has the right
here and now to make that objection
He has no right to apply the term mob
to legalIy>elected body of delegates for
the Territory of Minnesota. 1 say that,
J in no proper sense, can that convention.
or the two bodies composing it, if you
will, be characterized as mobs. The
delegates were fairly elected. They
constituted legal convention. l do
not care if they did seperate into two bod
les. l do not care if they retained sepa-
rate organization throughout. They finally
agreed upon the same instrument as the
organic law Of the future State Of Mime
sofa. 1t is not, indeed, the usual method
J for convention to organize itself into
two bodies. But should convention do
SO. yet finally concur in the same action,
that concurrence must be considered as
J covering such irregularity.
= But, sir. go further than that, and l
: wish to say that one Of those two conven-
tions must have been legal convention.
: upon the theory advocated by the gentle
man himself. Now, sir, there were all
; the delegates elected under the law, and
| care not how you divide them, into
| two bodies, one of them must have been
legal convention; for one Of them must
: have contained a majority of the legally