The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1858-02-06

Mr.. Lindsey in the Chair, to consider certain
bills.
S. F.: An act to repeal Chap. Al, session
laws of 1855, was then taken up
Mr.. VAN EITEN moved that it be made
the special order for Monday next
Mr.. SMITH moved as substitute for that
motion that the bill be indefinitely postpon-
ed, upon which he said-On the 18th day of
JAM, as will appear from the Journal, gave
notice of three bills-the one is before us, one
to abolish Imprisonment for debt and one to
punish fraudulent debtors l was aware
then that owing to the title of this chapter
my purposes and the effect of the repeal of
this might be misrepresented Now | want
to see this matter discussed to-day and
therefore have made this motion. | sub
NIT that all there is vital and of any force or
effect in this chapter under the Constitution
is, that it prohibits the arrest or imprison-
ment in civil actions of persons charged with
fraud in the contracting of s'any debt" 'the
cOncealment of goods" or of obtaining goods
under false pretences. He then proceeded
to read the chapter. What is the second
note to the chapter? 1t is leases of fraud or
cOncealment of goods" and in actions for
damages in such cases defendants cannot be
arrested. This is the portion of the law that
l oppose, and this is all that is nom in force.
But determined Lot to place myself in the
ridiculous position of attempting to confirm
or strengthen the Constitution even if was
misrepresented, by introducing bill to abol-
ish Imprisonment for debt. What saws Sec.
IL of Art of the Constitution? s.No person
shall be imprisoned for debt in this State
Can we invalidate the Constitution bv the
passage or repeal of any law? It list he Or
ganic law of the State by virtue of which we
are here, and l hoped this part of that law
was understood and therefore the effect of
this bill known. would do everything to
protect and shield honest and unfortunate
debtors, but nothing to allow men to enioy
property fraudulently acquired. What is the
rest of this clause in the Constitution Tt
is "but this shall not prevent the Legislature
from providing for Imprisonment or holding
to bail persons charged with fraud in the con-
tracing OF said debt" Both of these ideas
are essential. But this law in question pro-
hibits the arrest of persons charged with
fraud in the contracting of "any debt" and
that is the portion of it to which am OPP
posed, and which desire to repeal and the
other part OF it being of no force or effect,
propose to repeal the chapter But I can
accomplish the same by another method. In
the opinion that entertain of this law, am
sustained by Justice Emmett, Judge Cooper,
and lawyer BigelOw. leave it to the SEN
ate.
Mr.. VAN ETTEN agreed with the Sena-
tor from Hennepin (Mr. Smith, that the
Constitution prohibited Imprisonment for
debt, but he thought Chap Al did not pre-
vent the imprisonment Of fraudulent debtors
in civil actions
After discussion, the bill was recommend
! to be postponed.
A Memorial to Congress to make an ap-
preparation to Orrin w. Rice for money ex-
pended in making road from Twin Lakes
to Kettle River. Recommended to be pas
sed.
S. r. No. 43, Bill to exempt certain
property from execution. The bill was made
the special order for Saturday next.
S. f. No. IL, a Memorial to Congress for
the improvement: of the St. Croix River. Re-
commended to be passed.
5. f. Bill to regulate the holding Of
District Courts in Chisago County. Recon-
mended to be referred to Committee On Ju-
dietary.
S. F. No. 76, an act regulating comproms-
es between Joint Debtors. The bill was re-
commended to be referred to select Com
mittee.
A bill to provide for the laying out State
road from some point on Lake Superior to
Grahams Point, on the Red River of the
North.
A bill to authorize the County Commits
soners of Chisago county to issue bonds to
erect certain county buildings. Passage rec
commended.
A bill to lay out State road from Tay-
lors Falls to Hanover, in Mile Lac county.
Passage recommended.
S. F. No. II, the bill for the relief of the
State creditors was taken up, and after q
lengthy discussion, the committee recommen-
ded that it be indefinitely postponed
A memorial to Congress to establish dali
ly mail from Pt. Douglass to Taylor's Falls.
Recommended to be pissed.
An act to legaliZe the assessment and col
lection of taxes by the commissioners of Mic
ollet and Scott counties for the year 1851
Recommended to be passed.
A bill to establish State road from st.
Cloud to Breckenridge Recommended to be
passed.
The committee thereupon rose and report
ed back the above bills with the recommen-
dations the report was adopted.
bill to repeal Chap. AZ Session laws of
$50, was on motion, referred to select COM
mittee of five.
Mr.. KIDPATH moved to substitute in
place of the recommendation of the commit
tee on S. +. No. II, that it be made the spe-
cial order of Monday next. Lost, and the
bill was indefinitely postponed.
Mr.. COWAN, on leave, introduced bill
for an act to make certain appropriations to
detray the expenses of the State.
The bill was read first time by its title,
laid on the table, and $50 copies ordered to
be printed.
Mr.. R1DPATH gave rotice of bill to
repeal all act for the relief of the creditors
of the State.
RESOLUTIONS.
BY Mr.. HALL, that the Fireman keep the
Senate chamber warm. Laid over.
On motion the Senate adjourned
HOUSE.-The House was called to order
by the Speaker pro TEN.
! RESOLUTIONS.
Mr.. KEITH offered resolution that no
more memorials for mail routes or bills for
State roads shall be introduced after the 18th
inst.
Mr.. PIERCE offered a resolution prohibit
ing the introduction of Ferry Charters after
the 18th inst.
BILLS INTRODUCED.
By Mr.. EAMES: To establish State
road from Winona to LEROY.
By Mr.. NJ. THOMPSON: Granting Fer
ry Charter to j. A. Tidland across the Min
nesota river at the town of Judson.
By Mr. BURGESS: For State road from
st. Charles to Cannon Falls
By Mr. 0 NEIL: To incorporate the city
of West St. Paul
By Mr.. PECKHAM: Granting a Ferry
charter to Benjamin Van Camper across the
Cannon river.