Part 82 (2/2)

The majority of the select co act the people of the Territory were e their delegates on the second Monday in July, 1857, to form a state constitution, and take necessary steps for establishates met at the tiust adopted a constitution which was submitted to the people and adopted by a majority of over 28,000 votes That on the thirteenth of October, in conformity with an article (section 16, article 16) of the constitution then adopted, the people had elected representatives to Congress, governor and lieutenant governor, judges and islature, the latter to meet on the first Wednesday in Deceovernor elected under the act could not qualify until after the adislature did not rest under the saislate because they derived their power from the constitution itself, and had been directed to meet for that purpose on the first Monday in December, and that because they were thus required to meet they were authorized to act The people were oovernor should not qualify until after the adislature should ether and have no power to act They held, overnor was eally qualify; that the framers of the constitution of Minnesota and the people had declared that he should be continued in office until superseded by a state officer, and that the very time had been specified when he should be thus superseded, namely, on the admission of the State into the Union, and therefore that Saovernor of Minnesota; that Minnesota was then a state _out_ of the Union, and that the acts of the first legislature would be legalized when the State was adned by D S Norton and W H C Folsom, claimed that the constitution contemplated an admission into the Union as a prerequisite to the exercise of state sovereignty, in article 5, section 7, where it is enacted that ”the term of each of the executive officers na the oath of office, _after the State shall be adress into the Union, etc_”

Section 9, same article, provides that ”Laws shall be passed at the first session of the legislature _after the State is admitted into the Union_ to carry out the provisions of this article

”Section 1, article 16, _schedule_, provides that all process which may be issued under the authority of the territory of Minnesota previous to its _admission into the Union of the United States_, shall be as valid as if issued in the name of the State”

Section 8, same article, provides that if the constitution shall be adopted by a vote of the people, the governor of the Territory shall forward a certified copy of the same to the president of the United States, ”_to be by hiress of the United States_”

The minority claimed that under the first of the above cited sections there can be no qualified governor (_elected under, and according to the provisions of the constitution_) to whom ”bills” _must_ be submitted before they can become laws, until _after_ ”admission”--nor indeed can there be _any_ executive officers, contemplated to perform the duties of their several offices, until that time

In reference to the provisions of section 18, article 16, _schedule_, as inconsistent with that view, it was claiovernment should continue, and that its officers should exercise the sovereign powers delegated to theress, and a surrender of sovereignty to the State, its authority should commence

It was claiislature to convene on the first Wednesday of Deceht or error After considerable debate the majority report was adopted by a party vote A sined by all the Republican members of the house, was presented to that body In addition to these protests there was in both branches of the legislature continuous and various protests by the islative functions

In the house, on Jan 25, 1858, Mr Sheetz offered a resolution with reference to the causes of the delay in the ad that a coate the circumstances of this delay and report to this house upon these points:

_First_--As to whose duty it was to forward to the president for subress a copy of the constitution

_Second_--Why an incorrect or incomplete copy of said constitution was forwarded to the president

_Third_--What official correspondence, if any, has passed between the governor and the acting governor in regard to this matter

On motion the resolution was adopted

Mr Sheetz, froovernor relative to the ad report:

_To the Honorable House of Representatives:_

Your committee appointed to inquire into the causes of the probable delay in the admission of Minnesota into the Union, ask leave toreport:

Your co to section 8 of the schedule to the constitution, it is overnor of the Territory, upon the adoption of the constitution by the people, to forward a certified copy of the constitution to the president of the United States, to be by hiress

Your co Gov Chase, and have ascertained from him that at or about the time of the adjournment of the constitutional conventions, there were deposited with hiovernor in the absence of Gov Medary, two copies of the constitution as adopted by the two branches of the constitutional convention, one copy signed by _fifty-one_ members of the Dened by _fifty-three_ members of the Republican branch of the convention, that the two copies were preserved by him in the same safe, side by side where they now are

Your committee are further informed that a short time prior to the departure of our senators and representatives elect for Washi+ngton, the governor caused to be made a transcript of the constitution as requested by the schedule and that instrument, which transcript was forwarded to the president of the United States

No record is known to your co such transcript, and your coovernor and his private secretary, can not ascertain whether said transcript contained the names of the members of the two branches of the constitutional convention or not

Your co Gov Chase that there has been no official correspondence between the governor and himself upon this subject since the departure of the forton

All of which is respectfully subned