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

the proper place. Itwas in the Bill OF Rights
of perhaps every Constitution that contained
Bill of Rights. AS to the clashing Of the
labors of Committees, that was a matter of
minor importance.
Mr.. E. P. DAVIS concurred with MIR.
Dooley, but he did not say that this matter
might not be appropriate enough where 1t is.
| He went for striking it out as matter OF
Justice to the Committee on the Punishment
| of Crimes
| Mr.. PERKINS. 1t seemed to him that
this feeling about the clashing of the labnrs
of Committees grew ont Of a misapprphenson
of the character of bill of rights. This sec
ton embraced fundamental principle un-
derlying other matter that might be elsewhere
detailed in the Constitution.
Mr. BOLLES also regarded this as an i'm
portant section of the bill, and in the proper
pace-underlying a large amount Of legisla-
tion.
Mr.. BUTLER considered tie Committee
reporting had we'll discharged their duty, and
had not transcribed it. He said this as
member of the Committee on Crimes and
Punshments.
The Committee refused to strike out the
section.
The 7th section embracing the rights of
the accused party in criminal prosecutions
being read for consideration
Mr.. f. =. DAVIS moved to strike ont
this section, for the same reasons that had
been urged for striking out the 9Th section.
Mr. SECOMBE was in favor Of retaining
the section, because the same matter was ina
similar place in the Constitution Of the United
States.
The Committee refused to strike out.
Mr.. STANNARD lAoved to amend by
striking out the word "and," in the second
line, and inserting orr and by striking oat
"meet," in the third line, and inserting the
word confront"
The first part of this amendment was
adopted.
Mr.. PERKINS proposed to amend the
other division of this amendment, by striking
from the Sd line the words, "to meet the wit
ness face to face" and inserting, " to be con
fronted with the with the witnesses against
him."
And after debate, in which Messrs Bill
| ings, SecOmbe, BalcOmbe, Lis!e and Perkins
participated. the substi was adopted.
Mr.. SECOMBE proposed to insert in the
5th line these words, "to have the assistance
Of counsel for his defence"
Mr.. BALCOMBE thought that right suf-
ficienty guaranteed in the former part of the
section.
Mr.. SECOMBE said the former clause
merely left it to the option of the accused to
have counsel. His amendment made it obi.
gatory upon the Court to furnish counsel.
He considered this required by the Constitu-
tion Of the United States
Mr.. BILLINGS proposed to amend the
amendment, by striking out all of the amend
ment after the word "behalG," and inserting
a comma. lie thought it unreasonable for
the State to furnish able counsel for every
trivial Case.
Mr.. SECOMBE said perhaps The poor
criminal would not be willing to accept the
counsel in place of the comma in his cause.
Mr.. BILLINGS lin his seat would like the
gentleman to tell what's the difference be-
tween the comma and the attorney; the at
torney would sometimes prove to be longer
pause than the comma, i'll the administration
Of Justice
The amendment Was subsequently with
drawn for
Mr.. BALCOMBE, who proposed substiv
tute for the entire 7th section, being the AN
guage of the Constitution of the United
| States
Mr.. BILLINGS proposed to amend the
substitute by striking out all after the words,
. criminal prosecutions" and inserting these
"ords: In all cases involving the life. limb.
or liberty Of any individual. the accused shall
have the right Of immediate public trial by
an impartial jury to be informed of the ac-
cusation against him to have copy of the
same when demanded to meet the witnesses
face to face; to have compulsory process to
compel the attendance of witnesses on his
behalf; provided that nothing IN this article
shall be so construed as to affect acquisitions
by the Governors of other States upon the
Governor of this State for the extradition of
fugitive criminals to the Courts having prop
er jurisdiction in those States where the erin.
inals are charged with having committed
crimes.
the amendment was rejected
The substitute by Mr.. BALCOMBh was
adopted
Sec. 8. Prescribing that criminal prosecu-
tions shall be by presentment or Indictment
of grand jury, except in impeachments, and
in cases before Justice Of the peace, or in
the army, navy and militia in active service,
that no person shall be put twice in jeopardy
for the same offence, nor be compelled to wit
ness against himself; that all persons before
conviction, shall be bailable, except for capi-
tai offences where proof is evident, and the
privilege of the writ of habeas corpus shall
not be suspended, but for the public safety
coming up for considerations
Mr.. STANNARD proposed to amend so
as to put the words 'life or limb" in the
place of the word "punishment" in the 9th,
line: which was rejected.
Mr.. SECOMBE proposed to amend by in
sertlng in the Ith line, ''nor be deprived of
life, liberty or property without due process
OF laws" which was adopted.
Sec. 9. Prescribing the right of certain
and speedy remedy for personal wrongs
Mr.. Isle proposed to amend, by SUBJ
stituting for the 9th section these words
"Every person shall be entitled to q remedy
for all injulies or wrongs he may receive in
his person. property or character, without
delay, cOrformable to law;" which was rcjec-
ted.
Mr.. BOLLES proposed to amend by stri-
king out the word character" in the third
line. He considered the language redundant.
The amendment was rejected.
Mr.. ALDRICH proposed to amend by
striking out the word "being," in the third
line, and ''oblged to- and ''it'' in the fourth
line which was adopted.
Sec. 10. Defining treason to be levying war
and giving aid and comfort to the enemy
conviction requiring two witnesses or con-
iession in open court, was passed without
amendment.
Sec. IL. Prescribing the right against ,1n-
reasonable searches and seizures-the war
rant to be supplied by oath-coming up
Mr.. ALDRICH proposed to amend by in
serting, "on complaint in writing which was
lost.
Sec 12. Prohibiting bills of attainder, er
post facto lars, and conviction working cor
ruption of blood or forfeiture or estate-was
passed without amendment.
Sec. Ii. No private property shall be taken
for public use without just compensation
tlierelor-coming up
Mr.. DOOLEY proposed to substitute for
this section these words: "No mans particu.
lar services shall be demanded without just
compensation; no mans property shall be
taken by law without just compensation; nor,
except in case of the State, without such
compensation being first assessed and ten
dered," which was rejected.
Sec. IA. Prohibiting feudal tenures-pro-
hibiting leases of land for longer term than
Is years-coming up
Il