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[{"insert":"TWENTY-SECOND DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nFRIDAY, Aug. 7, 1857.\t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tThe Convention met pursuant to adjournment, and was called to order by the PRESIDENT.\n\n\tPrayer by Rev. Mr. PENMAN.\n\n\tThe Journal of yesterday was read and approved.\n\n\tThe PRESIDENT informed the Convention that JOHN BELL had declined the office of Sergeant-at-Arms.\n\n\tMr. KINGHORN having tendered his resignation as Assistant Secretary of the Convention,\n\n\tOn motion of Mr. GORMAN, the said resignation was accepted.\n\n\tOn motion of Mr. GORMAN, Mr. KINGHORN was declared elected Sergeant-at-Arms, vice BELL, declined.\n\n\tOn motion of Mr. EMMETT, Mr. GASOWAY was declared elected Assistant Secretary, vice KINGHORN, resigned.\n\n\tOn motion of Mr. KINGSBURY, the Convention resolved itself into Committee of the Whole, Mr. HOLCOMBE in the Chair, having under consideration the report of the Committee on the Bill of Rights.\n\n\tThe amendment of Mr. SWAN to Sec. 12, being under consideration,\n\n\tMr. NASH moved to amend the amendment by adding the following thereto:\n\n\t\""},{"attributes":{"italic":true},"insert":"Provided"},{"insert":", however, that nothing in this section shall be so construed as to invalidate the descent of property in possession of actual settlers of this State at the time of his death.\"\n\n\tWhich amendment to the amendment was lost.\n\n\tMr. MURRAY moved that the Committee here rise, report progress, and ask leave to sit again.\n\n\tWhich motion was lost.\n\n\tMr. MURRAY moved that the Committee rise, report back the bill without amendment, and recommend its passage.\n\n\tWhich motion was lost.\n\n\tMr. BECKER moved that the Committee rise, report progress, and ask leave to sit again.\n\n\tWhich motion was lost.\n\n\tThe question recurring on Mr. SWAN’S amendment, it was decided in the negative.\n\n\tMr. McGRORTY offered the following substitute for Sec. 12:\n\n\t\"Sec. 12. Foreigners who have, or who may hereafter declare their intentions to become citizens of the United States, in conformity with the naturalization laws of the United States, and every such person residing in this State, or who may hereafter come in- to it while a minor, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native born citizens.\"\n\n\tMr. SETZER offered the following amendment to the substitute:\n\n\t\"Sec. 12. The laws of descent and inheritance in this State shall not apply to the real estate held by aliens, who shall not have declared their intentions to become citizens, of the United States, but all such real estate shall escheat to the State.\"\n\n\tWhich amendment was lost.\n\n\tMr. BROWN offered the following amendment to the substitute:\n\n\t\"All bona fide residents of this State shall enjoy the same and equal rights in respect to the possession, enjoyment. inheritance, transfer and descent of property in this State.\"\n\n\tWhich amendment was lost.\n\n\tThe question recurring on Mr. McGRORTY'S substitute, it was rejected.\n\n\tMr. BAASEN offered the following substitute for Sec. 12:\n\n\t\"Sec. 12. Aliens shall enjoy in this State the same rights in respect the possession, enjoyment and inheritance of property as native born citizens.”\n\n\tWhich substitute was lost.\n\n\tMr. A. E. AMES moved to substitute the following for Sec. 12:\n\n\t\"Sec. 12. No hereditary emoluments, privileges or honors shall ever be granted or conferred in this State.\"\n\n\tWhich substitute was rejected.\n\n\tMr. FLANDRAU moved to substitute the following for Sec. 12:\n\n\t\"Sec. 12. No alien who shall not have declared his intentions to become a citizen of the United States according to the naturalization laws, shall be capable of holding the fee of any lands within this State by inheritance.\"\n\n\tWhich substitute was lost\n\n\tMr. BECKER moved that the Committee here rise report progress and ask leave to sit again.\n\n\tWhich motion was lost.\n\n\tMr. BROWN moved to amend by striking out the 12th section of Bill of Rights.\n\n\tWhich motion was carried.\n\n\tOn motion of Mr. EMMETT, the Committee here arose, reported progress, and asked leave to sit again.\n\n\tLeave was granted.\n\n\tMr. AMES, from the Committee on Enrollment, made the following report:\n\n\t\"Your Committee on Enrollment, report as correctly engrossed the following named articles, to wit:\n\n\tDistributing of the Powers of Government.\n\n\tOn the Militia.\n\n\tCorporations having no Banking Privileges.\n\nA. E. AMES,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"J. H. SWAN,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"C. J. BUTLER,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Committee.\""},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tOn motion of Mr. BROWN,\n\n\tThe Engrossed Articles were referred to the Committee on Revision and Phraseology.\n\n\tOn motion of Mr. KEEGAN, the Convention adjourned until 2 ½ 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\tMessrs. KENNEDY, TUTTLE and STURGIS were appointed a Committee to audit the expenses of the Convention, pursuant to the resolution of yesterday.\n\n\tOn motion of Mr. STACY, the Convention resolved itself into the Committee of the Whole.\n\n\tMr. HOLCOMBE in the Chair,\n\n\tHaving under consideration the report of the Committee on the Bill of Rights.\n\n\tMr. SWAN moved to strike out of Section 15, all after the word \"peace.\"\n\n\tWhich motion was lost.\n\n\tMr. GORMAN moved to amend Section 15, by adding after the word \"fraud\" the words \"of which he shall have been duly convicted.\"\n\n\tWhich amendment did not prevail.\n\n\tMr. KINGSBURY moved to amend by striking out all before the period in the 3d line and to insert in lieu thereof the words:\n\n\t\"SECTION 15. No person shall be imprisoned for debt in this State.\"\n\n\tWhich amendment prevailed.\n\n\tMr. WAITE moved to strike out all of Section 15.\n\n\tWhich motion was lost.\n\n\tMr. SWAN moved to amend Section 15, by adding thereto the following.\n\n\t\"Provided this shall not prevent the seizure of property for the purchase money thereof.\"\n\n\tMr. EMMETT moved to amend Section 15, as amended by adding after the word \"State,\" the words, \"unless in case of fraud.\"\n\n\tWhich motion was carried.\n\n\tMr. EMMET moved to amend Section 16, by adding thereto the words \"first paid or secured.\"\n\n\tWhich amendment prevailed.\n\n\tMr. BAASEN moved to amend by striking out of Section 18 the word \"fifteen\" and insert the word \"twenty-one.\"\n\n\tMr. FLANDRAU moved to amend the amendment by inserting \"thirty-two in lieu of \"twenty-one.\"\n\n\tWhich motion was lost.\n\n\tThe question recurring on Mr. BAASEN’S amendment, it was decided in the affirmative.\n\n\tMr. SWAN moved to strike out of Section 18, all after the first period,\n\n\tWhich motion was lost.\n\n\tMr. BAKER moved to amend Section 19, by adding thereto the words \"for the use of the University of Minnesota.\"\n\n\tMr. A. E. AMES moved to amend the amendment, by inserting the words \"Public Schools,\" in lieu of \"University of Minnesota.\"\n\n\tWhich motion prevailed.\n\n\tThe question recurring on the amendment as amended, it was decided in the affirmative.\n\n\tMr. BECKER moved to amend the Section as amended by inserting the word \"State,\" in lieu of the word \"people.\"\n\n\tWhich motion prevailed.\n\n\tMr. A. E. AMES moved to insert the following as an additional Section:\n\n\t\"SEC. 20. No hereditary emoluments, honors, or privileges shall ever be granted or conferred by this State.\"\n\n\tWhich motion did not prevail.\n\n\tMr. A. E. AMES moved to insert the following as an additional Section:\n\n\t\"SEC. 21. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.\"\n\n\tWhich motion was lost.\n\n\tMr. McGRORTY offered the following as an additional Section, to be called Section 19:\n\n\t\"SEC. 19. No alien shall have the right to hold or transfer property until he has first declared his intentions to become a citizen of the United States, agreeably to the laws on the subject of naturalization.\"\n\n\tMr. SIBLEY moved to amend the Section by adding after the word \"naturalization\" the words \"except so far as such right is guaranteed to him by the Constitution and laws of the United States.\"\n\n\tWhich motion was lost.\n\n\tThe question recurring on the additional Section offered by Mr. McGRORTY, it was rejected.\n\n\tMr. M. E. AMES offered the following additional Section, to be called Section 12:\n\n\t\"SEC. 12. All actual residents of this state, shall, at all times, have and enjoy equal and uniform rights in respect to the possession, inheritance and descent of real property.\"\n\n\tMr. McGRORTY moved to amend the Section by striking out the word \"resident\" and insert \"citizen\" in lieu thereof.\n\n\tWhich motion did not prevail.\n\n\tThe question recurring on the additional Section, it was rejected.\n\n\tMr. CURTIS moved to insert the following as additional Section No. 19:\n\n\t\"SEC. 19. All persons resident within this State, shall have and enjoy equal rights in reference to the descent of property.\"\n\n\tWhich motion did not prevail.\n\n\tOn motion of Mr. M. E. AMES the Committee rose, reported back the article to the Convention, with amendments, and asked concurrence of the Convention in the report and amendments.\n\n\tThe amendment to the preamble was then concurred in.\n\n\tThe question recurring on adopting the substitute for Section 3, and the yeas and nays being called for and ordered, there were yeas 38, nays none.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames, M. E. Ames, Butler, Becker, Baker, Barrett, Burns, Burwell, Bailly, Brown, Baasen, Curtis, Chase, Day, Emmet, Faber, Flandrau, Gilbert, Gorman, Holcombe, Kingsbury, Kennedy, Lashelle, Murray, McGrorty, McMahon, Norris, Nash, Prince, Sanderson, Sherburne, Stacey, Streeter, Swan, Taylor, Tuttle, Wait, and Mr. President.\n\n\tSo the substitute was adopted.\n\n\tThe amendment to Section 7 was then concurred in.\n\n\tThe question recurring on striking out Section 12, on motion of Mr. GORMAN, the previous question was ordered, whereupon the striking out of Section 12 was concurred in.\n\n\tThe question arising on concurring in the amendments to Section 15, Mr. GORMAN moved to insert after the word \"frauds\" in said amendment, the words, \"of which he shall have been duly convicted.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 21, nays 16.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. M. E. Ames, Baker, Barrett, Burns, Burwell, Bailly, Day, Flandrau, Gorman, Holcombe, Kingsbury, Lashelle, Murray, McGrorty, McMahon, Prince, Stacey, Streeter, Taylor, Tuttle, and Mr. President.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Butler, Becker, Brown, Baasen, Curtis, Emmett, Faber, Gilbert, Gilman, Kennedy, Norris, Sanderson, Swan, Wait and Warner.\n\n\tSo the amendment to the report of the Committee prevailed.\n\n\tMr. EMMETT moved to amend by inserting the words \"or crime,\" after the word \"debt.\"\n\n\tWhich motion did not prevail.\n\n\tThe question arising on the adoption of the amendment as amended,\n\n\tOn motion of Mr. GORMAN, the previous question was ordered.\n\n\tOn motion of Mr. BECKER, a call of the Convention was ordered.\n\n\tOn motion of Mr. GORMAN, further proceedings under the call were dispensed with.\n\n\tOn motion of Mr. GORMAN, the report of the Committee was laid on the table until to-morrow.\n\n\tMr. BUTLER offered the following resolution:\n\n\t"},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That the Secretary order one hundred copies of the reports of the various Committee, as amended and adopted by the Convention, up to this date, printed for the use of the Convention.\"\n\n\tWhich resolution was adopted.\n\n\tMr. KINGSBURY moved that the Convention resolve itself into Committee of the Whole upon the report of the Committee on \"Amendments to the Constitution.\"\n\n\tOn motion of Mr. BROWN, 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.