The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-22
AFTERNOON SESSION.

AFTERNOON SESSION.
PUBLIC PRoPERTY--UNIvERsITY FUND.
The PRESIDENT announced the special
order for this hour, to-wit: The considera.
ton of the Article on Public Property-the
question being on the adoption of Mr.. Sec
ombe's substitute for section 4-heretofore
| rehearsed-
The yeas and nays were demanded and or
dered thereon.
After proceeding in call of the House
the yeas and nays were taken and resulted
yeas II, nays 29-as follows:
Yeas-Messrs. Bates Coombs, EschiIe.
Folsom, Galbraith, Hall, Hayden. Morgan.
Murphy, North, Phelps, Perkins, Russell,
w. D. Secombe, Smith, Walker, Mr.. Presi-
dent.
Nays-Messrs, Anderson, Baldwin, Bill
| ings, Bolles, Butler, A. II. Cleghorn, Collum,
| Cogswell, Coe, E. Page Davis, Dooley, Ger
rish, Harding, Hudson, Hanson, Holley, King,
Kemp, Lisle, Mantor, McCann, Mcclure,
Mills, Peckham, Robbins, Stannard, Vaughn,
Watson, Wilson.
So, the substitute was rejected.
Mr.. SECOMBE then proposed the follow.
ing as substitute for sec. T.
"Sec. 4. The proceeds of all lands, grant
ed or set apart and reserved for the use and
support of University, shall be perpetual
fund, to be called "The University Fund, !"
which shall be appropriated to the use and
support of the University of Minnesota.
Mr. WILSON proposed to amend by stri-
king out the original section, as amended
leaving the subject, as provided in the Ena-
bling Act.
The first question being on Mr.. Secombe's
substitute, and the yeas and nays being de-
manded, ordered and taken thereon, it was
reiected-yeas %, nays 28
Mr.. WILSON'S motion to strike out, was
now seconded by Mr.. Secombe, and it was
agreed to, so Sec. 4, as amended, was strick-
en- out.
The article, as amended, was now ordered
to be engrossed for athird reading.
NAvIGABLE WATERS.
Mr.. HUDSON (by leave) brought to the
notice of the Convention 1.-THE fact that, in the
first section of this article, the phrase 'and
said river and waters leading into the same
shall be common highways and forever free, -
&c, might embarrass the improvement of
mill streams, unless the word ''navigable''
were inserted before swaters"
Mr.. NORTH suggested to strike out all
after the word "same," which might effect
the object sought, without departing from
the phrascology of the Enabling Act, to
which the Convention (by refusing, at one
time, to insert the word ''navigable'') seemed
determined to adhere.
Then, after successful motion to recon-
slider the vote ordering the engrossment,
Mr.. MORGAN moved to insert the words
"the navigable," before the word ''waters."
After debate by Messrs. SECOMBE,
STANNARD and NORTH, the amendment
war adopted, by yeas 35, nays l5
Mr.. FOLSOM feared that the terms of
the section would not include the St. Croix
| above the rapids, as amongst the navigable
| waters
| Mr.. NORTH moved to make Friver' plu-
raj, which would then certainly include the
| St. CrOix
Mr.. PECKHAM proposed to amend the
amendment, by striking out the words, "and
| said river and waters, leading into the same,
shall be common highways, and forever free,
as we'll to the inhabitants of this State as to
all other citizens of the United States, with
out any tax, duty, import or toll therefor" !"
After debate
Mr.. WILSON submitted Sec. 2, of the
Enabling Act with notifications as sub
| stitute for Sec. af this article to wit:
"Sec. l.. The State shall have concurrent
jurisdiction on the Mississippi, and all other
rivers and waters bordering on this State, so
far as the same shall form a common bounda-
ry to this State, and any other State or
States, now or hereafter to he formed, or
bounded by the same and said river and
waters, and the navigable waters leading
into the same, shall be common highways
and forever free, as we'll as to the inhabi-
tants of this State, rs to all other citizens Of
United States, without any tax, duty, import
or toll therefor"
This substitute was adopted,
And then the article, as amended, was Or
dered to be engrossed for third reading.
LEGISLATIVE DEPARTMENT.
On motion by Mr. MANTOR, the article
on the Legislative Department, embraced in
report No 8, was taken up and considered
on the third reading, and being read the
third time,
Mr.. SECOMBE asked unanimous consent
to amend in the l4th section, by striking out
the words, Increased Or" so as to read, "nor
shall the compensation of any public officer
be increased or diminished during his term of
Office" 1t would certainly embarrass legisla-
ton, in case of the judges salary, when the
term is nine years.
Objection being made
Mr. MORGAN moved to suspend the rule
requiring that no bill shall be amended on its
third reading without unanimous consent.
Mr.. STANNARD concended that as this
rule was general parliamentary rule, it could
not be suspended.
Mr.. WILSON showed that Jefferson's
Manual was the rule of this body, wherever
applicable, and therefore the force of any
principle IN the Manual could be suspended,
as any other rule, by two-tbirds vote.
Mr.. SECOMBE and Mr.. NORTH concur
red.
The PRESIDENT decided that the rule
might be suspended, but preferred that the
matter should rest with the Convention on
an appeal.
Mr.. BILLINGS read the 29th rule of the
| U. S. Senate, whereby bills may be commit
ted on the third reading, and if reported with
amendment, they 90 back again and are con-
| sidercd on the second reading.
The Convention refused the rule by yeas
l6, nays 81.
Mr.. HARDING withdrew his objection to
the amendment suggested by MIR. Secombe
The article, however, was committed again
to the Committee of the Whole and the
same was Immediately considered in Commit.
tee of the Whele-Mr. Stannard in the
Chair.
Mr.. SECOMBE'S amendment, striking out
increased or" in the 14th section, was now
offered, and, after debate, rejected
Mr.. CLEG HORN proposed to amend the
18th section, by inserting after word "offi-
GERS" these words, "exccpt the Judges of the
Supreme and Circuit Courts
Which amendment was adopted.
Mr.. HUDSON suggested material dis
crepancy in the 3lst section, prescribing, that
in the submission of an act of the Legislature
to the people, the clause shall, if approved
by majority of the voters voting at the ap-
pointed election become law" should have
the words for or against inserted after the
word ''voting."
Mr.. NORTH proposed to amend said sec
ton, by inserting the word "thereon, alter
the word voting"
Which amendment was agreed to.
And then the article, as thus further amend
ed, was reported to the Convention where
upon the amendments were concurred in; so
under a suspension of the rules, the article
was considered on its third reading read th'
third time and passed
| STATE SEAL.