The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-01


about the shape in which it now stands.
He proceeded (on leave Of the Convention)
to defend the constitutionality of the provis-
ion, taking the distinction, that it did not
propose to punish duel fighting out of the
State, as crime, but only to say that for
such an act man shall not hold otfice--cit-
ing precedent, and court decision in the
State of Texas.
Alter debate, in which it was apparent that
other amendments were to be offered, and
that eugrOssment would preclude amendment,
and before the question was taken upon the
m OtiOn to refer,
The Convention took recess till "a
o'clock, p. NJ.
AFTERNOON SESSION.
APPEAL TO THE PEOPLE.
Mr.. MCCLURE submitted the following,
which was laid over for one day:
WHEREAS, There is sufficient evidence from
the production of certificates of election, that
there is a majority of the legally elected
members of the Constitutional Convention,
who claimed and have been admitted to seats
in this Convention and
WHEREAS, The members now holding
seats in this Convention produced prima
facie evidence of the production of regular
certificates of election as such, represent a
majority of the legal voters of this Territory !;
and
WHEREAS, There are now some bO'ies be-
ginning to grumble in chamber of this Cap
itol, who call themselves the Constitutional
Convention, which they have an undoubted
right to do, on the principle that if a man
desires making fool IF himself. there is no
law against it,-many Of whom have no Ger.
titicates Of election to the Convention 9TH
ers may have certificates. who would be adj
mitted to seats in this Convention upon the
production of their certificates, who have
not attended the meetings Of this Convention,
from reasons best known to themselves !;
therefore,
Res0lred, That the men now occupying the
Chamber at the other end of the Capitol are
there, in our opinion, for the purpose Of de-
feating the will Of the people, and that their
acts will not be recognized by the electors of
this Territory; therefore,
Resolred, That while that body of men in
the Council Chamber are denouncing to a
Federal President this Convention, and
threatening us with the power of their mas
tiers, the above preamble and resolution, to-
gether with copies of the credentials and evil
dencc OF the election of members of this
Convention be laid before the sovereign po-
pie OF Minnesota, to whom we appeal for the
ratification of cur action as Convention.
COMMITTEE ON ENDORSEMENT.
Mr. MANTOR submitted the following,
which was adopted
Res0lred, That there shall be stan ing
Committee on Engrossment, consisting of five
Under this resolution the President ap-
pointed Messrs. Mantor, King, Phelps, Peck
ham and Winell.
ADJOURNMENT WITHOUT DAY.
Mr.. COE submitted the following, which
lies over one day.
Resolyed, That this Convention adjourn
without day. on Friday, the 18th of August
next.
BILL OF RIGHTS.
Mr.. WATSON'S amendment to the 26th
scci n of the bill of Rights,coming up in the
order Of unfinished business, to wit i: stri
king out the word "either,' in the third line,
ana words ''or out Of in the Attn line
The amendment was rejected
Mr.. MORGAN proposed further to amend
the tlcie. by striking out the 22d section.
prohibiting lotteries.
The amendment was agreed to.
Mr.. MORGAN proposed further to amend
in the oath section. by striking out the words
"deprived of holding" and inserting "ineli-
gible to-"
The amendment was agreed to.
Mr.. King moved t. amend the 10th Sec
ton by striking out all after the word C. debt"
50 as to make the section:
Sec. Is. There shall be no imprisonment
for debt
The amendment was rejected
Mr.. COE made an Intellectual motion to
reconsider the vote by which the Convention
refused to strike out section "a.
NJ. ALDRICH proposed further to amend
by adding to section 8, these words: "In all
suits at law, where the value in controversy
exceeds 800, the right of trial by jury, shall
be preserved, and no fact tried by jury shall
be otherwise examined in any court in this
State, than according to the rules of the CON-
mon law
The amendment was rejected.
Mr.. SECOMBE now moved, that the rules
lie so far suspended. as to allow this report
to be referred TO the Committee On Arrange
ment and Phraseology.
The motion was agreed to, and the article
was SO referred.
THE LEGISLATIVE DEPARTMENT.
The Convention now resolved into Com
mittee Of the Whole-Mr. Mantor in the
Chair-and took up the consideration Of tie
article reported by the Committee on the
Executive Department.
After some time spent in Comm ttee, and
q Concurrence in striking out Sec: 22-requir
ing Il majority of all the members cleo ed to
either house Of the Legislature to pass bill,
&c,, and that their acts shall be signed by
their presiding officers, and Sec. 3l-exhibit-
ing state paper, and prescribing Sl5 to eve
ry newspaper in The State for publishing the
general laws and Sec 35-in regard to the
Militia and tie adoption Of an additional
section, prohibiting divorces by the Leeisla-
tnre besides other action thereon, the Com
mittee rose, reported the same to the Con-
yention, with recommendation that they do
pass.
The Convention concurred in the recon-
mendation of the Committee to strike out
sections %, 81 and 35.
Pending the question on striking out Sec.
81, Mr.. FOLSOM said, he was in favor Of
the people receiving the law of the land
through their newspapers. There was hard
ly family in the Territory now, that did not
take some weekly newspaper; and if the laws
wers rinted in the newspapers they would
be in the hands of every man. 1t was GER
tainly the cheapest and N ,st correct AMI ex-
ledtious way Of diftusing the knowledge of
the law OF the land amongst the people.
Mr.. HOLLY and Mr.. STANNARD, tho't
it probable there would not be a paper IN
the State that would publish the laws for the
money proposed.
The amendment in the Odd section-sub-
shutting members present for members
elected TO override tue yeto-was agreed
to.
Tie additional section prohibiting legisia-
tive divorcements, introdcced in the Commit
tee of the Whole by Mr.. CLEGHORN, COM
ing up
Mr.: STANNARD proposed to add these
words--r'iycept in cases not cognlzable by
the Courts;' which was rejected.
The section w&s then adopted.
Mr.. CLEGHORM proposed to odd to the
article
Sec. No new bill shalt be introduced
into either House during the last three days
OF the session. except by unanimous consent
OF alse House in which it originates.
The W position was rejected.