The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-08
TUESDAY, AUGUST 4, 1857


Secretary.
On motion of Mr.. CLEGHORN, the Con-
vention resolved into Committee of the whole
Mr.. Cleghorn in the Chair, and took up
the consideration of the Report mo. I2,)
embracing an article from the Committee on
State Officers other than execution.
The first and second sections were passed
without amendment.
Sec s. The Governor shall fill vacancies
coming up
Mr.. BALCOMBE suggested that the terms
might be more eXplicit-authOrizing the APP
pointees to hold for the unexpired term of
the office to which they shall be appointed.
Mr.. GALBRAITH said the idea was that
the vacancy shall be filled for the unexpired
term. If the section conveyed that idea, he
desired no amendment.
Mr.. HAYDON considered the terms suf-
ficiently clear.
Sec. 4. The Secretary, Treasurer and Au-
ditor of State shall constitute Board of
Canvassers to determine the result of the
elections of State Understanding up
Mr.. GALBRAITH suggested that here
these officers were made canvasser, it might
be in the case Of their own election.
Mr.. COGSWELL moved to strike out
sections 4, 5 and g.
Mr.. BILLINGS. These canvassers would
have other cases besides their own in the
canvass, and if they could not to be trusted,
he thought we had "fallen on perlous tines
But there was corrective, in cases of con-
test, reserved, in section 6, to the Legislature.
He gave the view of the Committee.
Mr. COGSWELL would leave the appoin-
ment of the Board of Canvassers, TO the Leg
| islatnre
| Mr.. GALBRAITH proposed to amend
section 4, by striking out "Auditor," and in
sorting 'Chief Justice Ofthe Supreme Court"
The Chief Justice of the Supreme Court
would be always in Office-the eldest
Judge in Office is always the Chief Justice.
He would always be in Office and never could
sit or his own election.
| Mr.. BALCOMBE favored the amendment
and opposed the striking out of the Sec
tiols.
Che Convention refused to strike out the
sections.
Mr.. GALBRAITH proposed to amend
Sec ), by inserting after the word "represen-
tative" these words ''and until an officer
to fill said vacancies shall be elected and quail
ifie'l according to law"
!
by striking out "by and with the advice and
consent of the Senate, if in session." and in
sert Ito the legislature which he subse-
quenty withdrew.
M. Galbraith's amendment was agreed
! to.
NJ. RUSSELL proposed the following
substitute for sec. ), as amended:
Sc ;. Whenever vacar cy shall occur
in arY oi the State Offices, the Governor
shall ill the same by appointment, until the
successor OF such officer shall be elected and
qualified.
Tie substitute was rejected
MI BALCOMBE, in view of these revoIli-
tionary times when certain party seems to
be wiling to be governed by border ruflianisrn,
and dcspise all parliamentary rule, suggested
this cartiOn He supposed a Legislative cleo
ton t. take place at time when there is a
! demo- ra;ic Governor. and the Senate demo-
cratic, with a House of Representatives
strongly scpubcan-cnOueh so to overcome
tie Democratic majority Ill the Senate. In
such case, the Senate might refuse to go in
| t, Joint convention with he H"nse of Rep
rescnta, ives-knOwing that the Governor
having the power to appoint, Is t. hold over
till hi, successor shall be elected and quail
fed. The question in his mind was, whether
it would not be well % provide against this,
by referring tie election wholly to the House
OF Rep esentatives.
Mr.. RATES proposed to amend the 9th
sectiol, by striking out Legislature in joint
convciion," and inserting House Of Repre-
sentative" when was adopted.
Mr.. KING proposed 4 similar modification
! -, ,,-ta,o Ia, ia,
On the motion OF Mr.. BALCOMBE, the
Comm ttce rose and reported the ant ntl,ncnt
to the Convention, with recommendation
that tley lie ad opted.
The question being on the adoption of the
Comm tee amendment to the 3rd section
Mr.. GALBRAITH offered the following
as substitute for section 3 aud the amend
ment
Sec 3. Vacancies in any OF the State
Offices aforesaid, shall be filed by appoint
mcnt OF Tie GOvernOr-to continue Till the
successor shall be elected and qualified.
Mr. SNCOMBE. IF this were not adop
ted. lie would propose the following, which he
read for information:
"If aHy vacancy shall occur in any Of the
State OFFICES, the Governor, by and with the
advice and consent Of the Senate, shall APP
point some person to ill such vacancy and
the pers n so appointed shall hold said Office
until the cext general election, and his sue
cessor shall be elected and qualified: and il
case said vacancy shall occur during the first
year of the term of said office, then. at the
next general election, an election shall be
held to fiji the balance of the said term"
After debate, the Convention adopted Mr.
Ga!braith'S substitute as the third section O
the article.
The other several amendments recommen
dcd by tic Committee of the Whole, were
adopted
Mr.. THOMPSON moved to suspend the
rules, so as to allow the article rs amended
: tn be read the third time now; but, two-thi:d
not voting in the affirmative, the motion wa!
lost.
: The article was then ordered TO be encross
, cd
Mr. GALBRAITH moved to take up from
the table the consideration of Mr. Mcclure
t; resolutions Of appeal to the people.
| Mr.. MCCLURE, in view of business betor,
the Committees, suggested a recess till two
o'clock this afternoon, when he would be elat
of the opportunity to ma! e few rema ks or
tie subject of the resolutions.
, Mr.. GALBRATTI acquiesced, and modi
Il fed his motion accordingly; whereupon,
e The Convention took recess ill 81 o'clocl
d PM.
;, The President announced the consideration
Il OF Mr. McClure's resolutions and the resolu
ton c. one of the Delegates from Winon;
. tlr. Eaicomhe.)
;. Mr. McCLURE-Mr President, I wish t.
occupy the time Of the & invention, for
snort time, in speaking to the resolution
U which offered some days since, and in OF de
to place the Convention in possession of th
! facts contained therein, will read then
They are as FLOWS
Whereas, There is official evidence from the produ
ton of certificates of election. that there is maor
,f the legally elected members of the Constitution
I ConveI'ien who claimed and have been admitted
=, seats in @l,.s Convention; and
q W eesuS, Ths members now holding seats in tn
Cor,retSis who produced prma facie evidence by Il
.tuu Of regular certificates of election as SUI
pr represent majority Of the legal voters
: this Territo:, ere some bodies Of men beginnir
WhereaS' The. -tsf Of this Capitol, who cali tier
to assemble in a cha. Convention, which they ha,
selves Tie Constitutions n. principle that if m;
: an nndoH"ted right 10 do, on 'h.re is no law again
desires making foolof himself, -+-s q election
n,-Inan OF whom have certifica> |es ard vi
= Inc ConV nton; others who have certifica. 'rog q
would be admitted to seats in this Convention h. S
pro tucoE of their certificates, who have not atten
the neet:rs cfhs Convention, from reasons best know
TO ITEMS Ives: therefore,
Res0tce1, That the men now occupv;og the Chambe
at the other end of the Capitol are there. opn
ion Tor tn purpose of defeating the will of the people
anu that e acts will not be recognized by the cleo