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

governments arc Instituted among inci w
irving their just powers from the consent o.
the governed
Sec. 2. There shall be neither slavery MOI
! involuntary servitude in this State, except iol
! the punishment of crime, whereof the parry
shall have been duly convicted anu :,
Sec. 3. Prescribing the freedom OF speech
and of the Press that in prosecutions loi
libel. Gbellous matter proved to be true alo
published with good motives and for justin
able ends. the party shall be acquitted-the
Jury to determine the law aud the fact-belng
next read through by the Chairman
Mr.. SECOMBE proposed to amend the
third section by inserting in the 5th liue the
words A" or slanderer," and in the 9th line
the words g or slander."
| Mr. GALBRAITH inquired, whether the
existing Statute did :not cover the amend
ment.
Mr.. SECOMBE believed there were deci-
sions that way, but to make the matter ell
tirely clear, he proposed the amendment
The amendment was as agreed to.
Mr. COLBURN proposed further to amend
the section by striking out all after the word
Press" in the 4th line. He did so because
he desired to avoid special legislation; and
because the matter proposed to be stricken
out would be in better place In the article
reported by the Committee on the pnnlsh-
ment Of crimes.
Mr.. GALBRATTH. To retain this mat
ter in the section would be an attempt to
| legislatc in the Constitution. The Constltu-
ton should be made up Of abstract prlncI-
| pies. from which to deduce legislation. Here
we propose to tie up the views of men upon
this subject for the future. The views OF
men would change He had never yet come
to the conclusion that written libel should
| lie tolerated in the community. 1t was not
merely the injury done in the civil case; but
here was grave criminal act. "Fhe great
er the truth, the greater the libel" was an
| old English maxim of the law. This depart
ing from the ancient land mark was dam
eerous thing. He deprecated the new lights
of the New York Codifers. If the jury
were to determine the law and the facts,
where was the necessity for Judges?
Mr.. NORTH. 1t was little surprising
to him, that gentlemen should oppose new
idea, because it was new; and that we
should cling to the old land marks because
they were old. He believed the world was
! growing wiser, and that where there was new
light it became us as progressive people to
adopt the right and reject the wrong. He
gave examples where the public good might
be subserved by retaining this principle in
regard to libel. As to the right of juries to
determine the law as well as the facts, it was
not a new principle. The Courts had sustained
it for long time. 1t was good principle,
and he hoped it would be retained. He was
in favor of trusting power in the hands OF
the people, more than in the hands of the
Judges. The danger was less where the
trust of power was divided among a greater
number.
Mr.. BALCOMBE. The matter proposed
to be stricken out had been spoken of as new
and unusual. He believed the words of this
section three, of this report were an exact
copy of the 9Th section Of the Constitution OF
the State OF New York, and also of the Con-
stitntions of the State of Maine and the State
of Ohio, of Wisconsin, and other States.
Nearly half the States of the Union have this
language in their bill OF rights.
This proposition was further debated by
AIessrs. Galbra!til, Wilson, Davis, Colburn,
Lowe, North, King and Mcclure when
The amendment was rejected.
Mr.. WILSON proposed to amend by in
serting in tie Sth line these woIds, The
| Court"
Mr.. BILLINGS was obliged to vote
against this proposition, because of the adop-
ton of Mr.. SecOmbe's amendment.
Mr.. SECOMBE justified this amendment
! 10y reading authorities.
Mr.. BALCOMBE proposed a substitute
| for the amendment of his MISUNDERSTANDING
out all after the word acquitted in the 9th
line, and inserting these words: d" and in all
cases of Indictment for libel, the jury, after
| having received the direction of the Court,
shall have the right to determine at their dis
ton, the law and the facts" lie proposed
this so as to secure the charge Of the Court,
AMI at the same time leave the jury free to
determine and act upon their Own ideas of
what is the law.
| The substitute was adopted
Sec. 4. Fixing the right Of primary assem-
blies and of petitions, and,
Sec 5. Establishing tn right of trial by
jury, were passed without amendment.
Sec 6. Forbidding excessive bail, excessive
fines, and cruel and unusual puni>hments, be-
ing under consideration
Mr.. DOOLI proposed to amend by strik-
ing out this section from the report but be-
fore the question was taken,
The Committee rose and reported Pro-
sress.
The Convention then, after an Intellectual
motif to adjourn till Monday, took recess
till 2 O'Clock, P.M
AFTERNOON SESSION
EXEMPTION OF THE HOMESTEAD
Mr.. SMITH, from the Committee on the
Exemption from Taxation of Real and Per-
sonal Estate and the Rights of Married Wo-
men, reported an article of sections upon
the subjects of their inquiry, which was
read through by the Secretary.
| The Report prescrbes, that the personal
property of every resident of the State shall
be exempted from forced sale on execution to
| the extent Of $3.50 and every homestead
to an extent not exceeding $1,000 which
however shall not extend to devize by mort
gage, but the mortgage, (f married man. }
shall not be valid without the wife. In case
of owners death, the house shall be exempt
ed during the minority of the children if
he die without children, during the widow
hood of the wife. The real and personal
estate of every female acquired before mar
riage, and all the property to which she may
be afterwards entitled by gift, grant, inheri-
tance or deviZe, shall be and remain the es-
tate and property of the female, and may be
devized or disposed Of only by the concur
renee of the husband
The report was passed the first and second
readings and ordered to be printed under the
rules.
After an Intellectual motion to adjourn till
Monday 10 O'clock
| COMMITTEE ON ABsEvCE
Mr.. COLBURN submitted a resolution,
authorizing the President to appoint stand
ng Committee Of three members, to be cal
ed Committee on leave of absence which
was adopted
BILL OF RIGHTS.
On the motion of Mr. Secombe. the Con.
vention resolved again into Committee of
the Whole on the report Of the Committee
on the Preamble and Bill of Rights. Mr..
Colburn in the Chair. .........
The sixth section of the report being again
read for consideration by the chairman
| Mr.. DOOLEY'S motion to strike out the
section being the question pending, MIR. ID.
gave his reason for this motion to be, that
the consideration of the matter of the section
belonged to the Committee on the Punish
ment of Crimes.
|. Mr.. SECUMBE thought the matter of the
section peculiarly appropriate in the declara-
ton Of rights and approved the motion.
Mr.. MESSER, as member of the Com
! mittee rnnort;n0 assured tho Couornitfoo of