Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1856-02-16
The Shinplaster Bill.

We alluded to some inaccuracies in this bill,
on Saturday last. On further investigation, we
are of opinion that the clause 1.-THE law Of mer-
chants" is Incorrect and ifnot altered, will kill
the bill. The following article on the subject.
we copy from the Financial Advertiser:
Below we give portion of the shinplaster law
as the same was amended and passed by the House
of Representatives. We do not wish to instruct
the legislature, or to olfciously intermedde with
the course of legislation. But as we believe that
it is their desire to pass An act to suppress the
issue and circulation of unauthorized bills as
rency," we take the liberty of expressing our
opinion, that the present contemplated law will
be wholly powerless to accomplish such result.
By looking at the proviso in the lst it will be
seen that we have italicised the words which we
believe defeat the objects of the bill. If the pro-
viso read as follows: Sc Provided, that nothing
herein contained shall be SO construed as to
abridge the Law merchant" it would be harm
less, although then, entirely useless, because the
Law merchant does not recognize the right in any
person to issue bills, drafts certificates of deros
its or other evidences of debt, to be loaned or
put in circulation money, or to be used as a
currency circulating 'nediun,-The proviso
ought to be left out entirrly-it is useless pre-
caution. Why not leave the law as other States
have left it, why limit it, and fctter it, and befog
it with conditions and provisions that add no force
to it? No other States in passing such laws have
thought it necessary to attach any such proviso.
Whether the law is violated in given instance is
question for jury to determine, and when
the facts satisfy them that parties have issued
their paper--no matter in what form-with the
intention to circulate it as money, and to form
part Of the circulating medium, they should
bring in verdict of guilty. Suppose the
verbiagc of the proyiso were as follows: "The
law of merchants, or the law of contracts,' and
this is really the construction to be put on the
provision as it stands The evil sought to be sup
pressed by the preceding portion of the section,
lies within the proviso, and is protected and ex-
ceptcd by the words s' law Of contracts or con-
or promisory notes, or certificates of deposit in
payment of money demand held against him by
another, and the latter receives them in payment,
as a substitute for money, both parties have
agreed, their minds meet, and it at once becomes
a contrac, within the meaning of the provso to
sec. l, of said law.
Now unless n law is passed that will reach the
ecii, let us have no law on the subject. Such a
law as was repealed last winter, is clear and ex.
plc,t--and is similar to the Wisconsin law--And
in prosecutions under it, the judges woul. not be
called upon to determine whether issuing proms.
sorry notes or other paper in lieu of money, and
rs circulating mc-inm, was within the lac OF
contracts-A very novel proposition indeed to
submit to an intelligent court.
We confess to our entire ignorance Of the s.lau
Of merchanis,' What merchants? Those of ST.
Paul or ST. Anthony Stillwater--or all togeth-
or? sThe law of merchants!"
JOINT Resolution R-conmcn cnding the Holding Of a
Territorial Convention to Frame Constitution
for the future state of Minnesota.
WHEREAS, In the opinion of this Legislature
the time has arrived when this Territory should
begin to take the preliminary steps towards its
application for admission as State into the Un-
ion of States, therefore be it
REsoLvED-by the Council and House of Rep
resentatiyes of the Territory of Minnesota, that
we DO hereby recommend to the qualified electors
of the Territory of Minnesota, at the general cleo
ton Tor members of the Legislature to vote Tor or
against Convention to be held on the first Mon
day of June, 1857, for the purpose of framing a
Constitution for the future State Of Minnesota,
to be submitted to the people for their adoption
or rejection at the general election for members
Of the Legislature in 1857.
REsOLvED-That the above recommendation
shall be submitted to the people at the next gen.
eral election, and those voting in favor of calling
Conv shall have written or printed on their
ballots these words, ''For Convention and
those voting against such Convention shall have
written or printed on their ballots the words
''Against Convention which votes shall be
canvassed and returned in the same manner rs
near as may be, as votes cast for members of the
Legislature to the Secretary Of the Territory,
and the Secretary of the Territory shall report
the result to the next Legislature thereafter.
REsoLvED-That the time, place and manner
Of holding the Convention to frame said COnsti-
tuition, and for the election of Delegates thereto,
shall be determined By the next Legislature, pro-
videI a majority Of the qualified electors at the
next general election vote ssFOr Convention"
Cy- A Southcrner writing to the Ch:ca 90
Democratic Press, from Tennessee, speaks in
high terms of Minnesota, and more particularly