We, the undersigned senators of the state of Minnesota, do hereby enter and record this, our solemn PROTEST, against the recognition by this body, in any manner, directly or indirectly, of Samuel Medary, Esquire, governor of the territory of Minnesota, as the governor of the state of Minnesota, or as being invested with any of the rights, authority, privileges, powers or functions of governor of said state of Minnesota.
And we do solemnly protest against the recognition by this body, in any manner, of the claims of the said Samuel Medary, to exercise any of the rights, authority, privileges, powers or functions of the governor of the state of Minnesota—such claim being wholly unauthorized and unwarranted by the constitution of the state of Minnesota; and in violation of the expressed will of the people of the state of Minnesota, and an attempted usurpation of office, at war with the fundamental principles of free government, and dangerous to the liberties of the people.
D. G. Norton,
Lewis McKune,
Geo. Watson,
Edwin M. Somers,
Boyd Phelps,
J. K. Reiner,
H. L. Thomas,
James Ridpath,
Michael Cook,
Charles H. Lindsley,
E. N. Bates,
E. Hodges,
A. G. Hudson,
Jonathan Chase,
W. H. C. Folsom,
S. S. Beman,
Delano T. Smith.
On December 8th Mr. Norton offered the following resolution to the senate:
"Whereas, By the provisions of the constitution the executive officers of the State can not qualify until after the admission of the State by Congress, and
"Whereas, There is no governor of the state of Minnesota to whom acts may be submitted, as required by the constitution; therefore,
"Resolved, That this 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."
The resolution was adopted and referred to the following committee: Van Etten, Streeter, Jones, Norton, and Folsom.
The majority of the select committee reported December 21st, claiming that by the enabling act the people of the Territory were empowered to form a state government, which they did, electing their delegates on the second Monday in July, 1857, to form a state constitution, and take necessary steps for establishment of a state government; that these delegates met at the time and place appointed, and on the twenty-ninth of August 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 members of both houses of the legislature, the latter to meet on the first Wednesday in December at St. Paul.
The majority admitted that the governor elected under the act could not qualify until after the admission of the State, but claimed that the members of the legislature did not rest under the same disability, but were competent to legislate 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 omnipotent in the premises. They had declared that the governor should not qualify until after the admission of the State, and that the members of the legislature should meet. It was absurd to suppose this body should be called together and have no power to act. They held, moreover, that the territorial governor was empowered to act until his successor could legally 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 Samuel Medary was, de facto and de jure, governor 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 admitted.