The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1858-01-02

A0f SN4ne SsaSde
Mr.. Folsom. from the Committee on Mr..
Norton's Resolution, submitted the following
minority report
The Select Committee to whom was re-
ferred the following preamble and resolu-
ton
"Wh~sas, BY the provisions of the Con-
stitution, the Executive officers Of the State
cannot qualify until after the admission of
the Stale by Congress.
"And Whereas, There is no Governor of
the State of Minnesota, to whom acts may
be submitted, as required by the Constitu-
ton, therefore, y
ResoIued, That the Legislature can pass no
acts which could become a law, until after
the admission Of the State by Congress, and
the qualification Of the Governor elected by
the people,"
beg leave to submit the following minori.
ty report:
We have carefully examined the several
DIVISIONS of the Constitution relating to
the proposition contained in the resolution
under consideration, and are clearly of the
OPINION that this Legislature can pass no act
which could become law until after tho
admission of the State byCongress
That the Constitution itself contemplates
and regards an admission" as essential and
precedent to the exercise of State SOVEREIGN.
ty, clearly appears from the following provis-
sions
Sec. Z. Art, 5th, Executive Depnytm-nt
provides that "the term Of each of the Exc.
cutive officers named in this Article. shall
commence upon taking the oath of Office.
after the State shall be admitted bv Coupr.e, in.
to the Uaion," &c.
Sec. 9, same Article, provides that claws
shall be passed at the first session of the
Legislature after the State is admitted in
to the Union to carry out the provisions Of
this Article"
Sec. l, Art. 10th, Schedule, provides that
''all pr ocess which may be issued under tn
authority Of the Territory of Minnesota re-
vious to its admission into the Union IF n.
United States, shall be as valid as If iss, ned in
the name OF the State"
Sec. 8, same Art, provides that if + he Con.
stituiion shall be adopted by vote of the
people, the Governor of the TER itorv shall
forward certified copy of the anne to the
President Of the United States, sto be bvh him
laid before the Congress of the u ai.ed StGte,n
Under the first Of the above cited sections.
there can be no qualified &c vernon. elected
Under, and according to the provisions of The
ConsfIuion) to whom "Bil Is" must be sub.
united before they can be come laws. until
after admission" ir deed can there he
a"y executive officers, contemplated to per-
form the duties of thei several Offices mill
| that time.
We think from the plain meaning of these
provisions from ths. anomalous nosition Wa
would be placed in were it Otherwise
State-full, complete, sovereign. with not
even one department of Government nerfect-
ed-and from the known uniform and inva-
riable practice of Congress, to formally admit
new States either by positive enactment bv
resolution, or by recital, that the Constitu-
ton in terms and in splrir makes our admis.
sion by Congress condition precedent to
the exercise of State authority-it is not even
question with us now whether formal adj
mission into the Union by Congress is ,aeres.
sary to the formation of the political BODY.
and the exercise OF the mere polnical now.
ers of the State, for We have provided by the
very instrument Of our creation as noli,;.
cal body, that it is necessary, and that those
powers shall not be exercised until we are
80 admitted. We have provided that onr
executive officers shall not take the oath and
enter upon the duties of their Offices that
our political organization shall not be CON-
plete and perfected until after we are admit.
ted.
With what propriety, then, can it be clair :,
ed, that notwithstanding such provisions. -
may pesforin acts of soverelgnty-exe 80
sovereign legislative powers, previous U.s.
admission and withdrawal from tn, ia ~ -"
tory OF the sovereignty of the Unioy 80 -.
surrender to the State authorities. d oil" TO
An admission, may, by relation .,:,
lty to political organization. nd oner.ta ~
railfy or confirm the exercise ~ u a ~. ~
cal powers-but how can ar nc: Ponu-
validity by relation, to the ~o. n,'s' ~ eNe
sovereign powers, which =. e. y, .uose
necessity, be valid or vo ,d~Do+ .ns te u
able. "-not merely VOID
st;tu,;on of H. e e.. NV adoption of the Con-
Terr;,or ~ y. ~; o te the Sovereignty of the
r;J So. "AS ia ne Union and the Terrific
.;ah, =. "e' in full possession of the
III ~ ~ eAercfse sovereign power.
;,,;'. =, 'rniot exist two sovereign mowers
r,, rim ,ic same limits, at the same time
- overeignty Of the Union has not been
!. ny manner surrendered to the State, un-
IS it may be claimed that it was 50 surren-
| dered by the Enabling Act, and if such is the
case, there Is now an interregnum, and the
sovereignty must be in allegiance, for there ia
no State organization to receive and exercise
it.
81 such state of affairs was wisely pro-
vlded for, and we'll guarded against, by a pro-
vision in the Schedule, continuing the Terri.
tor'aI government, until superseded bv the
authority of the State"
Section 8, Article 16, Schedule provides that
."aH Territorial officers &C." "shall continue
to hold and exercise their respectioe Offices, I'M
I'll superseded by the authority of tile State"
when does the authority OF the State COM
mcnce When are the Territorial officers
superseded ?
When, and not until the organization of
the State Government is complete and per-.
iect, and there is in actual existence. that
body provided for by the people, which is to-
receive and exercise for them the sovereignty
which the Union, by act of admission surren-
derS and makes over to the State. And we
nave provided, expressly, Sec. S, Art. l6.
Scaedute-that until such admission and sur
render, the sovereignty shall continue in the
Union, and that the Territorial officers shall
continue to exercise it-thus settling and de-
termnln5 all doubts which possibly might
have arisen, but for such provision
But 1t may be said that the provision of
Sec. 10, Art. l6, Schedule, is inconsistent with
this view. We think not. BY that article
is provided, that if upon submission to the
people, majority OF tn. votes shall be cast
in favor of the Constitution, it shall be deem
ed 10 be adopted as the Constitution of the
State of Minnesota and all the provisions:
ana oohgations of this Constitution. and of
the Schedule hereunto attached, shall there
alter be valid to all intents ard purposes as
the Constitution of said State"
what are the '.prouisions and obligations"
OF the Constitution and Schedule, as regards
tne matter under consideration Evidently,
! that the Territorial Government should con.