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as trivial, he referred to the case of Albert Gallatin, (Contested Elections, 851,) who was a native of Geneva, in Switzerland; emigrated thence and came to Boston in 1780; in 1783 removed to Pennsylvania, and in the same year to Virginia, where he purchased a large tract of land, and took an oath of allegeance to said State. In December 1785, he purchased an estate in Fayette county, Pa., where he continued to reside. On the 28th of February 1793, he was elected from that State to the Senate of the United States. And it was determined that he was not entitled to his seat, not having been “nine years a citizen of the United States." Mr. Gallatin had. perilled his life and fortune in the Revolution; he had been instrumental in the formation of that government whose constitntion prescribed the qualifications entitling him to a seat; he had risen to stations of eminence in Pennsylvania, he was then and afterwards regarded as a man of most excellent character and profound intellect, and finally a sovreign state had passed upon his citizenship by electing him to the Senate; yet with all these in his favor, when, it is probable a majority of the Senate were his political and perhaps personal friends, he was obliged to yield his seat upon a doubtful question alone-all having doubts leaning to the safe side, in favor of a strict compliance with the Constitution.

He next referred to the case of John P. Van Ness, (Ibid 122,) who was elected a representative to the 7th Congress from the State of New York, and who after his election, by solicitation, patriotically accepted the office of a Major in the militia in the District of Columbia, an office without pay or emolument, and of trifling importance to him; and although no one sup-posed in that particular instance there was "a shadow of executive influence" connected with the appointment, yet it was an 'office under the Uni-ted States," and his seat was declared forfeited by a unanimous vote.

There is another instance of more recent occurrence with which doubtless every gentleman is familiar. Not many years since, a poor Irishman found his way into the State of Illinois; by merit he rose from one station to another, until he became a member of Congress; afterwards commissioner. of the general land office; afterwards a General in the army of the United: States, in whose service he fought-was greatly distinguished for his gallantry and bravery, and at the close of the war, returned to his adopted State, covered with scars and with glory. He was elected to the Senate of the United States, repaired to Washington with the credentials of a sovreign state; they were handed in to the Senate, and it was there discovered that. a few days must elapse before he would have been nine years a citizen of the United States, according to the requirements of the constitution; and it was therefore declared by the Senators, a large majority of whom were his political, and I have no doubt, personal friends, that he was not entitled to a seat. I need not tell you that he was immediately re-elected by his State, the disability having been removed by the lapse of a few days, nor that the name of this distinguished man is James Shields.

In the cases thus referred to, the sympathy of every one must have been in favor of giving seats to the rejected members, but an important principle was involved, and no consideration would allow the letter even of the constitution to be violated.

the would not have referred to these cases, but for the manifest eagerness of many to pass over the objections under consideration, without stopping to: onquite whether the Constitutica of the United States, the treaties made

3

ith the Indian tribes from whose territory the members of the 7th Council District were elected, the laws of Congress regulating trade and interourse with the Indians, our organic law, or the laws of the Territory have een complied with.

He might be permitted to say in this connection, that charges had been ade that members would vote to vacate the seats of the sitting members, ecause it would favor the views and interests of Mitchell men, and Rice en, and Olmsted men, and all who were supposed to oppose the political nd pecuniary objects of Mr. Sibley, of the Fur Company, Gov. Ramsey, nd Mr. Steele; and on the other hand, that the friends of Mr. Sibley, the he Fur Company, the Governor, and Steele would vote on the opposite side > further the objects and peculiar interests of the gentleman last named, ut he should hope that on this question at least, thereis no one ho will pander to the interests or prejudices of these men, or of any men, r be governed by political or personal attachment, or hope of pecuniary or ther sinister reward, but if there be, said Mr. R., I pronounce him a base, a ow born, cowardly slave, too base to live, and if kicked to death by criples, he would be receiving an honor of too much distinction. There hould be

"A whip in every honest hand,

To lash the rascal naked through the world.”” He accused no one, he did not say there is one such, but if such there e, he will sink so low, politically, he will

4 Go down to the vile dust whence he sprung,
Unwept, unhonored, and unsung."

But he would proceed to consider the matters presented by the report of he committee. It was well known that his colleague, (Mr. Brunson,) is he author of it. The committee had quoted the first section of our organlaw, defining the boundaries of the Territory, and had laid much stress pon the provision requiring that "an apportionment shall be made as near7 equal as practicable, among the several counties or districts, for the lection of the Council and Representatives giving to each section of the Territory representation in the ratio of its population, Indians excepted, as early as may be," &c. He thought if they had laid more stress upon the ́ords “counties or districts," they would have shown more discrimination, these words doubtless referred to the counties or districts already existence when the organic law was passed. Any other construction ould have given power to the Governor in the first instance, to establish ounties and districts. No such power was conferred or intended to be onferred. The plain meaning of the provision is, that previous to the first ection, the Governor should make an apportionment of representatives nong the counties or districts, whichever happened to exist, established by e Territory of Wisconsin, and over which, until her admission into the nion, she had exercised jurisdiction.

He would endeavor to show too, before he left the subject, that the word ritory should be taken in a qualified sense, qualified by the constitution, e treaties made with the Indians, the acts of Congress, and by the organact itself.

He would now take up the questions presented by the report and accomnying testimony, in their proper order. There are two of them:

ist. Whether such defects exist in our territorial laws, as trat no legal ection was or could be held.

2d. Whether persons residing upon a military reservation in the India country, and also upon Indian lands not included in such reservation, ar entitled to send representatives to this House.

A portion of the report is as follows:

"Your committee would respectfully represent, that upon inquiry, the find that there are no county commissioners, and consequently no clerk c the board of commissioners within the county of Dahkota, and that it woul be an impossibility to give the usual notice as required in organized cour ties, and your committee are of opinion that the act entitled "an act regula ting the time of holding general elections and for other purposes," approv ted he 1st day of November 1850, and the "joint resolution relative to cour cil districts, together with the proclamation of the Governor of the 7th da of July 1849. was sufficient to warrant the opening of the polls in said dis trict, and the returns being made to the office of the Secretary of the Terr tory, and receiving the returns thus made, the certificate of the said secre tary under the just seal of the Territory is sufficient evidence of the election < the members to which they refer. Your committee would further represen that the first Council district as designated by the proclamation of th Governor includes part of three counties, to wit, part of Ramsey, part c Washington and Wabashaw counties, that it would be an impossibility fo that district to make returns in the usual way as laid down in the statute fo crganized counties, and as an only resource was compelled to make the returns to the Secretary of the Territory, and that all the credentials hel by the members from that, the Stillwater and Marine Mills districts an from the same source, your committee are therefore of the opinion that th credentials of the sitting members from the 7th judicial district are suff cient to warrant them in taking their seats as members of this House, ar that they are by law entitled to seats in this House."

"Your committee have been unable to find in the laws of the Territor any law in respect to the rights and privileges of persons living in and upo military reservations of the Territory, either upon ceded or unceded land: your committee would respectfully suggest to the Legislature the necessi of some action defining the rights and priviliges of such persons."

The argument of the committee is, that because no notice of the electic under the law could be given, and because there is no law establishing precinct, nor authorising returns to be made to the Register of Deeds as the organized counties,, that therefore an election might be held, the r turns made to the Secretary of the Territory, and his certificate, that suc returns were made, not that they were lawfully made, under the great se of the Territory, is sufficient evidence of their election. That the fir Council District includes part of three counties, Ramsey, Washington an Wabashaw, and returns from those counties could not be made in the usu way. Is this true? By the 13th section, page 77 laws of Minneso when two or more counties are united in one Council District, the Reg ters of the junior counties attend with the returns upon the Register of t senior county who issues a certificate of election.

Wabashaw county, like Dahkota, is in the Indian country; it is not e titled to representation here, nor does the honorable member from then (Mr. Wells) hold his seat by virtue of the election therein, nor would he if t ballot box with the votes and returns had not been stolen and thrown into t Mississippi by an absconding judge of the election; but he holds it by v

e of his election in the county of Washington, and from the Register of hich he has received a certificate of his election by a majority vote in e of the precincts therein.

وو

The committee further say that they "have been unable to find in the ws of the Territory, any law in respect to the rights and privileges of perns living in and upon military reservations of the Territory, either upon eded or unceded lands," "and they suggest to the Legislature the necessiof some action defining the rights and privileges of such persons. Clear as mud! They can't find any laws of the Territory in which ere is any law in respect to their rights ;" and they can't find any anyhere else, yet they think they are entitled by law to be represented, and vo of their number to the privilege of seats on this floor. There is no law r an election, there is no law establishing precincts, none for giving notice 'an election, and none giving them any privileges, and yet they are "enHed by law to seats in this House!" I say again, my colleegue (Mr. runson,) is the author of this report; and he has inscribed his name upon e scroll of immortality. Let us examine these laws. By the 4th section the Organic Act, the first election is to be held and conducted as the overnor shall direct, and he is required to DECLARE who is elected to the ›spective Houses under such election; "but thereafter, the TIME, PLACE, id manner of conducting all elections by the people &c., shall be preribed by law," &c.

In pursuance of the organic law, the Governor issued his proclamation, ly, 7th 1849, establishing election precincts, not only in the counties and istricts" organized under the laws of Wisconsin, but in the Indian terriry, and defined the places, time, and manner of holding elections, appointg the FIRST day of AUGUST for the election, and the 14th for making the reirns. On the 17th day of August 1849, he issued another proclamation, eclaring, as the organic law directs, who were elected to the Ligislature. I was in virtue of this election and this last proclamation; that the memers of the last Legislature took their seats, and not by virtue of a certifiate of the Secretary of the Territory.

Therǝ was and is no law authorizing or requiring the Secretary to give ich certificate; and if given by him, it could be of no greater force than certificate of the same fact by a judge of probate, clerk of the district ourt or notary public.

The law enacted by our legislature of the last session, (p. 8, sec. 1,) proides that after that year, the general election shall be on the FIRST Monday September, in each year. Page 76, sec. 8; the Register of Deeds is reuired to give fifty day's notice of the TIME and PLACES of election, and of he officers to be elected, which notice shall be posted in public places, &c. 'he 9th section requires that on the 20th day after the election, the Regiser shall call to his assistance two Justices of the Peace, who open the reirns and count the votes, after which the Register shall "issue a certifiates for each of the persons having the highest number of votes for memers of the Legislative Assembly;" and this certificate is the only one which he law authorizes or recognizes.

There is no law authorizing the register of deeds or any other person, to eturn abstracts of the votes, except for delegate, to the Secretary, and such eturns are improperly there.

It is true that on the last day, and almost the last hour of the last session,

certain functionaries belonging to different departments of the legislative assembly, who were then inimical to Mr. Sibley, (he just having published his conversion to democracy) got up, passed and approved, a resolution (laws of Minnesota, page 163) providing that, "the several Council districts as established by the proclamation of the Governor, July 7, 1849, are continued in force as well as the manner of opening, conducting and closing said elections, making the returns thereof as provided for in said proclamation.” A law already existed confirming the Council districts, generally, unti otherwise provided, (p. 8. sec. 6) and the laws which I have before quoted provided for opening, conducting and closing the elections, and making the returns thereof, but omitted the sagacious provision,-"As provided for in said proclamation." The law, which is perfect, required the returns to be made in another way; and this resolution, impotent in practical results, is to supercede the law!

The resolution was projected by dignitaries, wise in their own estimation to entrap Mr. Sibley, as they thought the Indian country entitled to represen tation, and that the returns from Pembina and other remote precincts could not be made, as required by the proclamation of his excellency. But, if i turns out that the election at Mendota is really legal, this immense battery prepared for Mr. Sibley, will now be worked conjointly by his friends and those who manufactured it, for their common benefit in this House and else where.

But it will be seen that though the resolution confirms the manner of open ing, conducting and closing elections, it does not confirm the PRECINCTS no the PLACES of holding them, and herein is one fatal omission. If the procla mation therein referred to is to be the guide, the election was void, as it wa not held in compliance therewith, which required notice by proclamation of the Governor that an election would be held; the first day of August be ing the time for holding it, and the 14th, the time for making the returns Moreover as the resolution did not confirm the precincts temporarily estab lished by the Governor, and pointed out no method for establishing nev ones; if no other objections existed, this defect alone would invalidate the election. If the law is the guide, not one provision has been complied with except that the election was held on the 1st Monday of September.

The law of the last session, (p. 25, sec. 22,) requires the Board of Com missioners of the several counties at their April session, preceding eac general election, to appoint three capable, discreet persons to act as judge of elections at the several precincts within their respective counties. An it requires also (sec. 23,) that at such meeting, they shall establish PRE CINCTS in their respective counties, at such points as will be most conveni ent &c. Pursuant to these provisions, precincts were established, judges c election appointed, and notices of election given in each of the countie within wich the ceded lands are situated.

No precinct however was established at Mendota, no judges of electio were appointed, and no notice of an election was given; no proclamation, a at the first election, was issued, informing the people that an election fo representatives &c., would take place; and subsequently none was mad declaring the persons elected who received the highest number of votes!

It must be a gratifying reflection to the citizens of the organized countie that stringent laws are made for their government-citizens from who alone the revenues for constructing roads, bridges, jails, school and cou

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