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[{"insert":"NINETEENTH DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nTUESDAY, Aug. 4, 1857."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tThe Convention met pursuant to adjournment, and was called to order by the PRESIDENT.\n\n\tThe Journal of yesterday was read and approved.\n\n\tThe CHAIR appointed Messrs. DAVIS, SETZER and BROWN, a Committee to ascertain upon what terms the proceedings and debates as officially reported, can be published from day to day, pursuant to the resolution of yesterday.\n\n\tOn motion of Mr. SETZER, a call of the Convention was ordered.\n\n\tOn motion of Mr. WARREN, MR. PRINCE was excused from attendance this day.\n\n\tOn motion of Mr. A. E. AMES, further proceedings under the call were dispensed with.\n\n\tMr. MEEKER presented the following report:\n\n\t\"The Committee to whom was referred the subject of Amendments to the Constitution, having had the matter under consideration, beg to leave to submit the following Report:\n\nARTICLE."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\n\tSEC 1. Whenever a majority of both Houses of the Legislature shall deem it necessary to alter of amend this Constitution, they may propose such alterations of amendments; which pro- posed amendments shall be continued to the next Legislative Assembly and be published with the laws which have been passed at the same session, and if a majority of each House at the next session of said Assembly shall approve the amendments proposed, by yeas and nays, said amendments shall be submitted to the people for their approval or rejection; and if it shall appear in a manner to be provided by law, that a majority of voters present and voting shall have ratified such alterations or amendments, the same shall be valid to all intents and purposes, as a part of this Constitution.\n\n\tSEC. 2. If two or more alterations or amendments shall be submitted at the same time, it shall be so regulated that the voters shall vote for or against each separately; and while an alteration or amendment which shall have been agreed upon by one Legislature shall be awaiting the action of a succeeding Legislature or of the people, no additional alteration or amendment shall be proposed.\n\nB. B. MEEKER,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"WM. P. MURRAY,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"WM. A. DAVIS,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Committee.\""},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tThe report was iaid over for a day under the rule.\n\n\tMr. SETZER moved to alter the rule for the time of meeting from 9 to 10 o'olock, A. M.\n\n\tWhich motion was rejected.\n\n\tMr. MURRAY offered the following resolution:\n\n\t\""},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That Rule 19th of the Rules for the government of this Convention, be amended so as to read as follows:\n\n\tThe preceding rules shall be observed in Committee of the Whole so far as applicable. A call for the ayes and noes, for the previous question, and a motion to adjourn, shall not be applicable, but a motion for the Committee to rise shall always be in order, and shall decide without debate, but the Journal of the proceedings in the Committee shall be kept.\"\n\n\tWhich resolution was rejected.\n\n\tMr. HOLCOMBE moved the adoption of the following additional rule:\n\n\t\"RULE 25. The President shall be required to vote on all questions and deciding the yeas and nays his name shall be called in alphabetical order as Mr. President.\"\n\n\tMr. BROWN moved to amend by striking out the words \"in alphabetical order,\" and to insert in lieu thereof the word \"last.\"\n\n\tWhich amendment prevailed.\n\n\tThe question being taken upon the rule as amended the rule was adopted.\n\n\tOn motion of Mr. WARNER, the Convention resolved itself into Committee of the Whole, Mr. BAASEN in the Chair, having under consideration the report of the Committee on \"Corporations.\"\n\n\tMr. SETZER moved to amend Section 4, by striking out all after the words \"taking of the same\" and insert in lieu thereof the following:\n\n\t\"But all corporations being common carriers, enjoying the right of way, in pursuance of the provisions of this Section, shall be bound to carry the mineral, agricultural and such other productions or manufactures of the country on equal and reasonable terms, or on their refusal so to do, without sufficient cause therefor, it shall vitiate such right of way and the lands shall revert to the original owner.\"\n\n\tWhich amendment was adopted.\n\n\tMr. MEEKER offered the following substitute for section 4:\n\n\t\"Private property shall not be taken for public use, without just compensation.\"\n\n\tWhich substitute was withdrawn before taking the question.\n\n\tMr. STACY moved to amend the Section as amended by striking out the word \"equal\" and insert in lieu thereof the word \"equitable.\"\n\n\tWhich motion was rejected\n\n\tMr. BECKER moved to strike out the entire Section.\n\n\tWhich motion was lost.\n\n\tMr. A. E. AMES moved to strike out Section 4 and insert as Section 4 the following:\n\n\t\"SEC. 4. The property of no person shall be taken by any corporation for public use without compensation being first made or secured, in such manner as may be prescribed by law.\"\n\n\tWhich motion was lost\n\n\tMr. CURTIS moved to strike out of Section 4, as amended, the words \"of the country.\"\n\n\tWhich motion prevailed\n\n\tMr. SETZER moved to strike out of Section 4, as amended all after the words \"equal and reasonable terms.\"\n\n\tWhich motion prevailed.\n\n\tMr. EMMET offered the following substitute for Section 2:\n\n\t\"SEC. 2. The Legislature shall provide by general laws for the formation of corporations and may for municipal purposes, and in cases where the objects of the corporation cannot be attained under general laws, create corporations by special acts, but when created by special act, said corporations shall be governed by general laws.\"\n\n\tWhich substitute was rejected.\n\n\tMr. WARNER offered the following, to be added as\n\n\t\"SEC. 5. The person or persons incorporated shall be liable for the debts of the corporation.\"\n\n\tWhich motion prevailed.\n\n\tMr. KINGSBURY moved that the Committee now rise and report the article back to the Convention with amendments.\n\n\tWhich motion was carried.\n\n\tThe amendment to Section 4 was then read, and the Section as amended, was adopted.\n\n\tMr. BECKER moved to adjourn.\n\n\tWhieh motion was rejected.\n\n\tMr. FLANDRAU offered the following, to be added to Section 5, as amended in Committee of the Whole:\n\n\t\"That no citizen of the State shall be made a corporator in any bill without his consent in writing, to be placed upon the Journal of the House in which such bill originated.\"\n\n\tMr. AMES moved to amend by striking out the word \"incorporator,\" in Section 5, and insert the word \"stockholders.\"\n\n\tWhich motion was lost.\n\n\tThe question recurring on the adoption of Section 5,\n\n\tOn motion of Mr. SETZER, the yeas and nays were called for and ordered.\n\n\tThose who voted in the affirmative were.\n\n\tMessrs Murray and Warner—2.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Burns, Butler, Becker, Baker, Barrett, Burwell, Bailly, Brown, Baasen, Curtis, Chase, Cantell Day, Emmett, Faber, Flandrau, Gorman, Holcombe, Jerome, Kennedy, Kingsbury, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, Mc, Mahon, Norris, Nash, Setzer, Sherburne, Stacey, Streeter, Swan, Tenvoorde, Taylor, Tuttle, Wait, and Mr. President—41.\n\n\tSection 5, as amended by the Committee of the Whole was therefore not concurred in.\n\n\tThe report of the Committee of the Whole upon the substitute for Section 3, as offered by Mr. GORMAN was then adopted.\n\n\tThe report of the Committee of the Whole as amended upon the entire article, was then concurred in.\n\n\tOn motion of Mr. SETZER, the article was referred to the Committee on Revision and Phraseology.\n\n\tMr. BAASEN moved to adjourn until half past 2 o'clock, P. M.\n\n\tWhich motion was decided in the negative.\n\n\tOn motion of Mr. SETZER, the Convention resolved itself into Committee of the Whole,\n\n\tMr. NORRIS in the Chair,\n\n\tHaving under consideration the report of the Committee the Legislative Department.\n\n\tMr. A. E. AMES moved to amend Section 2, by striking out in the 4th line the word \"five,\" and insert the word \"eight.\"\n\n\tWhich motion was lost.\n\n\tMr. A. E. AMES moved to strike out the word \"five\" and insert the word \"ten,\" in the 4th line of the 2nd section.\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to amend so as to read that the \"Senate shall never exceed 50 members, nor the House 100.\"\n\n\tWhich amendment was lost.\n\n\tMr. HOLCOMBE moved to amend by adding after the word \"inhabitants,\" on the fifth line, as follows:\n\n\t\"Provided, That every county shall be entitled to one Representative.\"\n\n\tWhich amendment was lost.\n\n\tMr. HOLCOMBE moved to amend by inserting after the word \"inhabitants,\" as follows:\n\n\t\"Provided, That every County having 500 inhabitants shall be entitled to one Representative.\"\n\n\tMr CURTIS moved to amend the amendment by inserting the word \"voters\" in lieu of the word \"inhabitants.\"\n\n\tThe amendment to the amendment was not adopted.\n\n\tMr. SETZER offered to amend the amendment by adding thereto the following:\n\n\t\"And also provided that the County of Washington shall be divided into twelve counties.\"\n\n\tThe amendment to the amendment was rejected.\n\n\tMr. WARNER offered the following substitute for the amendment:\n\n\t\"And every county having a population of five hundred inhabitants shall be entitled to representation in the House of Representatives.\"\n\n\tWhich substitute was lost.\n\n\tThe question then recurring on the original amendment of Mr. HOLCOMBE,\n\n\tThe amendment was rejected.\n\n\tMr. HOLCOMBE offered to amend the section by substituting one thousand inhabitants in lieu of five hundreds, as offered in the previous amendment,\n\n\tWhich amendment was concurred in, so that the section reads after the words \"inhabitants,\" in the fifth line, as follows:\n\n\t\""},{"attributes":{"italic":true},"insert":"Provided"},{"insert":". That every county having one thousand inhabitants shall be entitled to one representative.\"\n\n\tOn motion of Mr. SETZER, the Committee rose, reported progress, and asked leave to sit again.\n\n\tLeave was granted.\n\n\tMr. BAKER moved to adjourn.\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. KINGSBURY, the Convention adjourned until half past two o’clock, P. M.\n\n2 ½ O’CLOCK, P. M."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tThe Convention met pursuant to adjournment, and was called to order by the PRESIDENT.\n\n\tOn motion of Mr. KINGSBURY, the Convention resolved itself into Committee of the Whole,\n\n\tMr. Norris in the chair,\n\n\tHaving under consideration the report of the Committee on the Legislative Department.\n\n\tMr. FLANDRAU moved to strike out of section 11 of the report, all from the word \"Representatives,\" in the first line, to the word \"shall\" in the third line.\n\n\tWhich motion was lost.\n\n\tMr. FLANDRAU moved to strike out the word \"present,\" in the seventh line of the 14th section, and to insert in lieu thereof the word \"elected.\"\n\n\tWhich motion was lost.\n\n\tMr. MEEKER moved to add the following to section 14:\n\n\t\"And the judgment on conviction shall not extend beyond removal from office and a disability to hold any office of trust or profit in the State.\"\n\n\tWhich amendment was lost.\n\n\tMr. SIBLEY moved to add to section 21, the following: \"Hold any other office of honor of profit in this State.\"\n\n\tWhich amendment was adopted.\n\n\tMr. FLANDRAU moved to amend by striking out the entire section 21.\n\n\tWhich amendment was lost.\n\n\tMr. A. E. AMES moved to insert in section 21, between the words \"officer\" and \"refusing,\" the words \"neglecting or.\"\n\n\tWhich amendment was lost.\n\n\tMr. BUTLER moved to amend by adding to section 21, the following: \"And the bill as refused to be signed shall not be invalidated by said refusal.\"\n\n\tMr. CURTIS offered the following substitute for the said amendment, which substitute was accepted by Mr. Butler.\n\n\t\"And in case of such refusal each House shall by rule provide the manner in which such bill shall be properly certified for presentation to the Governor.\"\n\n\tWhich substitute was adopted.\n\n\tMr. CURTIS moved to amend by striking out of section 22, all after the word \"article,\" in the tenth line.\n\n\tMr. BROWN moved to amend the amendment by adding to the section the following:\n\n\t\"But no person of negro blood shall be allowed the right of suffrage or of holding office.\"\n\n\tWhich amendment to the amendment was lost.\n\n\tThe question recurring on the original amendment, it was decided in the affirmative.\n\n\tMr BECKER moved to add to section 22, as follows:\n\n\t\"Senators and Representatives shall be elected by single districts.\"\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. SETZER, the Committee here rose, reported progress, and asked leave to sit again.\n\n\tLeave was granted.\n\n\tMr. BECKER, on leave, introduced the following report of the Committee on the name and boundaries of the State:\n\n\t\"The Committee upon the name and boundaries of the State, to consider and report upon the several propositions submitted to the people of this Territory, by the act of Congress called the Enabling Act, approved on the 26th day of February, 1857, respectfully submitted the following report:\n\nARTICLE —"},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nON NAME AND BOUNDARIES."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\n\tSECTION 1. This State shall be called and known by the name of the State of Minnesota, and shall consist of, and have jurisdiction over the territory embraced in the following boundaries, to wit:\n\n\tBeginning at the point in the center of the main channel of the Red River of the North, where the boundary line between the Uni- ted States and the British possessions crosses the same: thence up the main channel of said river to that of the Bois des Sioux River; thence up the main channel of said river to Lake Traverse; thence up the center of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its center to its outlet; thence by a due south line to the north line to the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi River; thence up the main channel of said river, and following the boundary line of the State of Wisconsin, until the same intersects the Saint Louis River; thence down the said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between The United States and the British possessions; thence up Pigeon river, and following said dividing line to the place of beginning.\n\n\tSEC. 2. The State of Minnesota shall have concurrent jurisdiction on the Mississippi, and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to the State, and any other State or States now or hereafter to be formed by the same; and said river and waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said state as to other citizens of the United States, without any tax, duty, impost, or toll thereof.\n\nARTICLE —"},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\n\tThe proposition contained the Act of Congress entitled an Act to authorize the people of the Territory of Minnesota to form a Constitution and State Government, preparatory to their admission into the Union on an equal footing with the original States, are hereby accepted and verified. and confirmed. and shall remain irrevocable without consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations congress my find necessary for securing the title in said soil to bona fide purchasers thereof; and no tax shall be imposed on lands belonging to the United States, and in no case shall non-resident proprietors be taxed higher than residents.\n\n\tAll of which is respectfully submitted.\n\nGEO. L. BECKER,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"W. R. McMAHAN,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"HENRY G. BAILLY,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"J. S. NORRIS,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"ROBERT KENNEDY,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"CHAS. E. LEONARD,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Committee."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tOn motion of Mr. GORMAN, the Convention adjourned.\n\nH. H. SIBLEY, President.\t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\nAttest:\n\n\tJ. J. NOAH, Secretary.\n"}]
The images in this collection are provided courtesy of LLMC.
Goodrich, Earle S., Journal of the Constitutional Convention of the Territory of Minnesota, begin and held in the city of Saint Paul, capital of said Territory, on Monday, the thirteenth day of July, one thousand eight hundred and fifty-seven. St Paul, Minnesota: State Printer, Pioneer and Democrat Office. 1857. Retrieved from LLMC.