TWENTY-SEVENTH DAY.
THURSDAY, Aug. 23, 1857.
The Convention met pursuant to adjournment, and was called to order by the PRESIDENT.
Prayer by Rev. Mr. PENMAN.
The Journal of yesterday was read and approved.
Mr. A. E, AMES, from the Committee on Enrollment, presented the following report:
"Your Committee on Enrollment, report as correctly engrossed the following named articles, to wit:
On Name and Boundaries and Acceptance and Ratification."
A. E. AMES,
C. J. BUTLER,
Committee.
Mr. NORRIS, from the Committee upon the Seal of the State, &c., presented the following report, the reading of which was dispensed with:
"The committee upon the Seal of the State, Coat of Arms, and Design of the same, respectfully submit the following report:
In the opinion of your Committee, it is the appropriate work of the Legislature of the State, to prepare a Seal, and determine upon a design of the same, and, therefore present the following proposition to take such place in the Constitution as the Convention may direct:
SEC. — There shall be a seal of the State, which shall be kept by the Governor, and used by him officially and shall be called the "Great Seal of the Stat of Minnesota."
J. S. NORRIS,
JOSEPH R. BROWN,
HENRY G. BAILLY.
Committee."
On motion of Mr. SETZER the Convention resolved itself into a Committee of the Whole, Mr. CURTIS in the Chair, having under consideration the report of the Committee on School Funds, Education and Science.
On motion of Mr. NORRIS the words, "the income arising therefrom," were struck out of Sec.2.
Mr. SETZER moved to insert the following as an additional section, as Sec. 3:
"Sec. 3. No religious instruction of any kind shall be given in public schools in this State.
Which amendment was lost.
Mr. EMMETT moved to strike out Sec. 4.
Mr. NORRIS moved to amend the amendment by striking out all after the 5th line in Sec. 4.
Which motion was lost.
Mr. KEEGAN moved to amend by striking out all after the words "in the" in the 7th line and 4th Section, and adding in lieu thereof, "People of this State for University purposes, subject to the disposal of the future Legislature."
Which amendment was rejected.
The question recurring on the original amendment, it was rejected.
Mr. BECKER moved to add the following as an additional Section No. 5:
"Section 5 The supervision of Public Instruction shall be vested in a State Superintendent and such other officers as the Legislature may direct The State Superintendent shall be elected or appointed in such manner and for such term of office as the Legislature shall direct, and his power and duties shall be prescribed by law."
Which amendment was adopted.
Mr. DAVIS moved to add the following Section:
"Sec. 6. The Capitol of this State shall be permanently located at Belle Plaine in Scott County."
Which motion was rejected.
On motion of Mr. A. E. AMES, the Committee rose, reported back the article with amendments, and asked concurrence of the Convention therein.
Mr. BECKER moved to substitute the following for Sec. 1:
"Sec. 1. The legislature shall encourage by all suitable means, the promotion of intellectual scientific moral and agricultural improvements, It shall provide for a system an common schools which shall be as nearly uniform as may be throughout the State; the common schools shall be equally free to all children."
Which substitute was rejected.
Mr. McGRORTY offered the following as a substitute for Section 1.
"Section 1. Wisdom and knowledge, as well as virtue and religion are essential to the preservation of the rights and liberties of the people, therefore: shall be the duty of the Legislature of this State to cherish the interests Education in Religion and Science and to establish general system of public schools; to encourage public and private instruction for the promotion of Religion, arts, science, commerce, trade, manufactories, and natural history the country; and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education religion."
Which substitute was rejected.
Mr. BECKER moved to amend section 1, by striking out the first clause.
Which motion was lost.
Mr. BECKER moved to strike out the words "in literature and science," in 4th line of section 1.
Which motion was lost.
Mr. EMMETT moved to strike out the sentence from 5th to 7th line in section 1.
Which motion was rejected.
Mr. BUTLER moved to strike out the words "and natural history of the country."
Which motion was lost
On motion of Mr. CURTIS, the words "of the county" was struck out of section 1.
Mr. EMMETT moved to amend section 1 by inserting after the word "instruction," in the 6th line the following "in the first principles of English grammar and"—.
Mr. MCGRORTY moved to amend the amendment by adding thereto the following: "Religious instructions shall be inculcated in all the common schools in this State according to the religious belief of the pupils respectively."
Which amendment was rejected.
The question recurring on the original amendment, it was rejected.
Mr. BAASEN moved to substitute the following for section 1:
"SEC. 1. It shall be the duty of the Legislature of this State to establish a general system of public schools."
Which substitute was rejected.
The question recurring on adopting the first amendment to section 2, and the yeas and nays being called for and ordered there were yeas 27, nays 10.
Those who voted in the affirmative were,
Messrs. A. E. Ames Baker, Burns, Baasen, Curtis, Davis, Gor- man, Gilman, Holcombe, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Prince, Sanderson, Sherburne, Stacey, Shepley, Sturgis, Streeter, Tenvoorde and Tuttle—27.
Those who voted in the negative were,
Messrs Butler, Becker, Burwell, Bailly, Brown, Chase, Emmett, Kingsbury, Murray, Setzer, Wait Warner and Mr. President—13.
So the first amendment to section 2 was adopted.
The question recurring on the adoption of the second amendment, and the yeas and nays being called for and ordered, there were yeas 28, nays 14.
Those who voted in the affirmative were,
Messrs. Butler, Baker, Baasen, Curtis, Chase, Emmett, Gorman, Gilman, Holcombe, Kingsbury, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Setzer, Sanderson, Stacey, Shepley, Streeter, Tenvoorde, Tuttle, Vasseur and Wait—28.
Those who voted in the negative were,
Messrs. A.E. Ames, Armstrong, Becker, Burns, Burwell, Bailly, Brown Davis, Murray, Prince, Sherburne, Sturgis, Warner and Mr. President—14.
So the second amendment was adopted.
Mr. CHASE moved to add after the word "yeas," in section 2, as amended, the following:
"Provided that no portion of said lands shall be sold for less than ten dollars per acre nor otherwise than at public sale."
Mr. STURGIS moved to amend by inserting "five" instead of "ten."
Which motion was lost.
Mr. GILMAN moved to amend the amendment by striking out the words "for less than ten dollars per acre nor."
Which amendment was adopted.
The question recurring on the amendment as amended,
It was adopted.
The question recurring on the third amendment to section 1, and the yeas and nays being called for and ordered, there were yeas 28, nays 10.
Those who voted in the affirmative were,
Messrs. Armstrong, Butler, Becker, Baker, Burns, Curtis, Can- tell, Chase, Emmett, Gorman, Gilman, Holcombe, Kingsbury, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Setzer, Sanderson, Stacey, Shepley, Streeter, Tenvoorde, Tuttle and Wait—28.
Those who voted in the negative were,
Messrs. A. E. Ames, Burwell, Bailly, Brown, Davis, Murray, Sherburne, Sturgis, Warner and Mr. President—10.
So the third amendment was adopted.
Mr. SETZER gave notice that he would move to re-consider said vote to-morrow.
The fifth additional section, adopted in Committee of the Whole was then rejected.
Mr. A. E. AMES offered the following as additional, section 5:
"SEC. 5. The State shall be responsible for any loss that may arise from the misconduct or default of any officer or officers having charge of the school lands, school funds and interest thereon."
Which additional section was rejected.
Mr. NASH offered the following as additional, section 5:
"SEC. 5. Whenever thirty or more scholars are in any place they shall be declared a district and be entitled to their proportion of the public funds."
Which additional section was rejected.
On motion of Mr. BROWN, the Convention adjourned until half-past 2 o'clock, P. M.
AFTERNOON SESSION.
2 ½ o'clock, P. M.
The Convention met pursuant to adjournment, and was called to order by the PRESIDENT.
On motion of Mr. SETZER, the Convention resolved itself into Committee of the Whole.
Mr. A. E. AMES in the Chair.
Having under consideration the report of the Committee on Impeachment and Removal from Office.
On motion of Mr. CURTIS, the word "Judicial" was struck out in Section 3.
On motion of Mr. BROWN, the Committee rose, reported back the Article with amendment, and asked the concurrence of the Convention.
The report of the Committee was then concurred in and the Article ordered to be engrossed.
On motion of Mr. BROWN the Convention rose, resolved itself into Committee of the Whole.
Mr. SHEPLEY in the Chair.
Having under consideration the report of the Committee on Connties and Townships.
Mr. BROWN moved to amend by inserting in Section 1, 3d line, the words "five hundred and fifty," in lieu of "four hundred."
Which amendment was rejected.
Mr. SHERBURNE moved to amend Section 1, 3d line, by striking out the word "majority," and inserting "three-fourths."
Which amendment was rejected.
Mr. GORMAN moved to add the following to the 1st Section:
"Counties now established may be enlarged, but not reduced below four hundred square miles."
Which amendment prevailed.
Mr. EMMETT moved to amend Section 1, by inserting, after word "laws," in 4th line, "changing County lines in Counties already organized or."
Which motion prevailed.
Mr. SIBLEY moved to amend by adding the following as a new Section, to be called Section 2:
SEC. 2. The Legislature may organize any City into a separate County when it has attained a population of twenty thousand in- habitants, without reference to geographical extent, when a majority of the electors in which such city may be situated, voting thereon, shall be in favor of a separate organization."
Which amendment prevailed.
Mr. SETZER moved to amend Section 2, by striking out the word "shall," in the first line, and insert "may."
Which motion prevailed.
On motion of Mr. BROWN, the word "each" was struck out of ection 2, in the 2d line, and "any" inserted.
On motion of Mr. SHERBURNE, the word "town" was inserted in section 2, in 2d line, after the word "other."
Mr. SIBLEY moved the following as a substitute for section 4:
"SEC 4. Each County and Township organization shall have such power of local taxation as may be prescribed by general laws, and the credit, of a County may be given or loaned in aid of any association or corporation, to an extent not exceeding two-fifths of its taxable property."
Mr. BROWN offered the following amendment to the substitute:
To insert after the word "credit" the following:
"Of no County shall be given or loaned in aid of an individual or corporation without express authority law authorizing the same by a vote of the taxable inhabitants of the County."
Which amendment was rejected.
The question recurring on the substitute, it was rejected.
On motion of Mr. A. E. AMES, the Committee rose and reported back the Article to the Convention, with amendments, and asked concurrence therein.
The amendments to section 1 were then concurred in.
On motion Mr. MEEKER, the Convention adjourned.
H. H. SIBLEY, President.
Attest:
J. J. NOAH, Secretary.
[{"insert":"TWENTY-SEVENTH DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nTHURSDAY, Aug. 23, 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\tMr. A. E, AMES, from the Committee on Enrollment, presented the following report:\n\n\t\"Your Committee on Enrollment, report as correctly engrossed the following named articles, to wit:\n\n\tOn Name and Boundaries and Acceptance and Ratification.\"\n\nA. E. AMES,"},{"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\tMr. NORRIS, from the Committee upon the Seal of the State, &c., presented the following report, the reading of which was dispensed with:\n\n\t\"The committee upon the Seal of the State, Coat of Arms, and Design of the same, respectfully submit the following report:\n\n\tIn the opinion of your Committee, it is the appropriate work of the Legislature of the State, to prepare a Seal, and determine upon a design of the same, and, therefore present the following proposition to take such place in the Constitution as the Convention may direct:\n\n\tSEC. — There shall be a seal of the State, which shall be kept by the Governor, and used by him officially and shall be called the \"Great Seal of the Stat of Minnesota.\"\n\nJ. S. NORRIS,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"JOSEPH R. BROWN,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"HENRY G. BAILLY."},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Committee.\""},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tOn motion of Mr. SETZER the Convention resolved itself into a Committee of the Whole, Mr. CURTIS in the Chair, having under consideration the report of the Committee on School Funds, Education and Science.\n\n\tOn motion of Mr. NORRIS the words, \"the income arising therefrom,\" were struck out of Sec.2.\n\n\tMr. SETZER moved to insert the following as an additional section, as Sec. 3:\n\n\t\"Sec. 3. No religious instruction of any kind shall be given in public schools in this State.\n\n\tWhich amendment was lost.\n\n\tMr. EMMETT moved to strike out Sec. 4.\n\n\tMr. NORRIS moved to amend the amendment by striking out all after the 5th line in Sec. 4.\n\n\tWhich motion was lost.\n\n\tMr. KEEGAN moved to amend by striking out all after the words \"in the\" in the 7th line and 4th Section, and adding in lieu thereof, \"People of this State for University purposes, subject to the disposal of the future Legislature.\"\n\n\tWhich amendment was rejected.\n\n\tThe question recurring on the original amendment, it was rejected.\n\n\tMr. BECKER moved to add the following as an additional Section No. 5:\n\n\t\"Section 5 The supervision of Public Instruction shall be vested in a State Superintendent and such other officers as the Legislature may direct The State Superintendent shall be elected or appointed in such manner and for such term of office as the Legislature shall direct, and his power and duties shall be prescribed by law.\"\n\n\tWhich amendment was adopted.\n\n\tMr. DAVIS moved to add the following Section:\n\n\t\"Sec. 6. The Capitol of this State shall be permanently located at Belle Plaine in Scott County.\"\n\n\tWhich motion was rejected.\n\n\tOn motion of Mr. A. E. AMES, the Committee rose, reported back the article with amendments, and asked concurrence of the Convention therein.\n\n\tMr. BECKER moved to substitute the following for Sec. 1:\n\n\t\"Sec. 1. The legislature shall encourage by all suitable means, the promotion of intellectual scientific moral and agricultural improvements, It shall provide for a system an common schools which shall be as nearly uniform as may be throughout the State; the common schools shall be equally free to all children.\"\n\n\tWhich substitute was rejected.\n\n\tMr. McGRORTY offered the following as a substitute for Section 1.\n\n\t\"Section 1. Wisdom and knowledge, as well as virtue and religion are essential to the preservation of the rights and liberties of the people, therefore: shall be the duty of the Legislature of this State to cherish the interests Education in Religion and Science and to establish general system of public schools; to encourage public and private instruction for the promotion of Religion, arts, science, commerce, trade, manufactories, and natural history the country; and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education religion.\"\n\n\tWhich substitute was rejected.\n\n\tMr. BECKER moved to amend section 1, by striking out the first clause.\n\n\tWhich motion was lost.\n\n\tMr. BECKER moved to strike out the words \"in literature and science,\" in 4th line of section 1.\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to strike out the sentence from 5th to 7th line in section 1.\n\n\tWhich motion was rejected.\n\n\tMr. BUTLER moved to strike out the words \"and natural history of the country.\"\n\n\tWhich motion was lost\n\n\tOn motion of Mr. CURTIS, the words \"of the county\" was struck out of section 1.\n\n\tMr. EMMETT moved to amend section 1 by inserting after the word \"instruction,\" in the 6th line the following \"in the first principles of English grammar and\"—.\n\n\tMr. MCGRORTY moved to amend the amendment by adding thereto the following: \"Religious instructions shall be inculcated in all the common schools in this State according to the religious belief of the pupils respectively.\"\n\n\tWhich amendment was rejected.\n\n\tThe question recurring on the original amendment, it was rejected.\n\n\tMr. BAASEN moved to substitute the following for section 1:\n\n\t\"SEC. 1. It shall be the duty of the Legislature of this State to establish a general system of public schools.\"\n\n\tWhich substitute was rejected.\n\n\tThe question recurring on adopting the first amendment to section 2, and the yeas and nays being called for and ordered there were yeas 27, nays 10.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames Baker, Burns, Baasen, Curtis, Davis, Gor- man, Gilman, Holcombe, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Prince, Sanderson, Sherburne, Stacey, Shepley, Sturgis, Streeter, Tenvoorde and Tuttle—27.\n\n\tThose who voted in the negative were,\n\n\tMessrs Butler, Becker, Burwell, Bailly, Brown, Chase, Emmett, Kingsbury, Murray, Setzer, Wait Warner and Mr. President—13.\n\n\tSo the first amendment to section 2 was adopted.\n\n\tThe question recurring on the adoption of the second amendment, and the yeas and nays being called for and ordered, there were yeas 28, nays 14.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. Butler, Baker, Baasen, Curtis, Chase, Emmett, Gorman, Gilman, Holcombe, Kingsbury, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Setzer, Sanderson, Stacey, Shepley, Streeter, Tenvoorde, Tuttle, Vasseur and Wait—28.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A.E. Ames, Armstrong, Becker, Burns, Burwell, Bailly, Brown Davis, Murray, Prince, Sherburne, Sturgis, Warner and Mr. President—14.\n\n\tSo the second amendment was adopted.\n\n\tMr. CHASE moved to add after the word \"yeas,\" in section 2, as amended, the following:\n\n\t\"Provided that no portion of said lands shall be sold for less than ten dollars per acre nor otherwise than at public sale.\"\n\n\tMr. STURGIS moved to amend by inserting \"five\" instead of \"ten.\"\n\n\tWhich motion was lost.\n\n\tMr. GILMAN moved to amend the amendment by striking out the words \"for less than ten dollars per acre nor.\"\n\n\tWhich amendment was adopted.\n\n\tThe question recurring on the amendment as amended,\n\n\tIt was adopted.\n\n\tThe question recurring on the third amendment to section 1, and the yeas and nays being called for and ordered, there were yeas 28, nays 10.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. Armstrong, Butler, Becker, Baker, Burns, Curtis, Can- tell, Chase, Emmett, Gorman, Gilman, Holcombe, Kingsbury, Keegan, Leonard, Lashelle, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Setzer, Sanderson, Stacey, Shepley, Streeter, Tenvoorde, Tuttle and Wait—28.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Burwell, Bailly, Brown, Davis, Murray, Sherburne, Sturgis, Warner and Mr. President—10.\n\n\tSo the third amendment was adopted.\n\n\tMr. SETZER gave notice that he would move to re-consider said vote to-morrow.\n\n\tThe fifth additional section, adopted in Committee of the Whole was then rejected.\n\n\tMr. A. E. AMES offered the following as additional, section 5:\n\n\t\"SEC. 5. The State shall be responsible for any loss that may arise from the misconduct or default of any officer or officers having charge of the school lands, school funds and interest thereon.\"\n\n\tWhich additional section was rejected.\n\n\tMr. NASH offered the following as additional, section 5:\n\n\t\"SEC. 5. Whenever thirty or more scholars are in any place they shall be declared a district and be entitled to their proportion of the public funds.\"\n\n\tWhich additional section was rejected.\n\n\tOn motion of Mr. BROWN, the Convention adjourned until half-past 2 o'clock, P. M.\n\nAFTERNOON SESSION."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\n2 ½ o'clock, P. M.\t"},{"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. SETZER, the Convention resolved itself into Committee of the Whole.\n\n\tMr. A. E. AMES in the Chair.\n\n\tHaving under consideration the report of the Committee on Impeachment and Removal from Office.\n\n\tOn motion of Mr. CURTIS, the word \"Judicial\" was struck out in Section 3.\n\n\tOn motion of Mr. BROWN, the Committee rose, reported back the Article with amendment, and asked the concurrence of the Convention.\n\n\tThe report of the Committee was then concurred in and the Article ordered to be engrossed.\n\n\tOn motion of Mr. BROWN the Convention rose, resolved itself into Committee of the Whole.\n\n\tMr. SHEPLEY in the Chair.\n\n\tHaving under consideration the report of the Committee on Connties and Townships.\n\n\tMr. BROWN moved to amend by inserting in Section 1, 3d line, the words \"five hundred and fifty,\" in lieu of \"four hundred.\"\n\n\tWhich amendment was rejected.\n\n\tMr. SHERBURNE moved to amend Section 1, 3d line, by striking out the word \"majority,\" and inserting \"three-fourths.\"\n\n\tWhich amendment was rejected.\n\n\tMr. GORMAN moved to add the following to the 1st Section:\n\n\t\"Counties now established may be enlarged, but not reduced below four hundred square miles.\"\n\n\tWhich amendment prevailed.\n\n\tMr. EMMETT moved to amend Section 1, by inserting, after word \"laws,\" in 4th line, \"changing County lines in Counties already organized or.\"\n\n\tWhich motion prevailed.\n\n\tMr. SIBLEY moved to amend by adding the following as a new Section, to be called Section 2:\n\n\tSEC. 2. The Legislature may organize any City into a separate County when it has attained a population of twenty thousand in- habitants, without reference to geographical extent, when a majority of the electors in which such city may be situated, voting thereon, shall be in favor of a separate organization.\"\n\n\tWhich amendment prevailed.\n\n\tMr. SETZER moved to amend Section 2, by striking out the word \"shall,\" in the first line, and insert \"may.\"\n\n\tWhich motion prevailed.\n\n\tOn motion of Mr. BROWN, the word \"each\" was struck out of ection 2, in the 2d line, and \"any\" inserted.\n\n\tOn motion of Mr. SHERBURNE, the word \"town\" was inserted in section 2, in 2d line, after the word \"other.\"\n\n\tMr. SIBLEY moved the following as a substitute for section 4:\n\n\t\"SEC 4. Each County and Township organization shall have such power of local taxation as may be prescribed by general laws, and the credit, of a County may be given or loaned in aid of any association or corporation, to an extent not exceeding two-fifths of its taxable property.\"\n\n\tMr. BROWN offered the following amendment to the substitute:\n\n\tTo insert after the word \"credit\" the following:\n\n\t\"Of no County shall be given or loaned in aid of an individual or corporation without express authority law authorizing the same by a vote of the taxable inhabitants of the County.\"\n\n\tWhich amendment was rejected.\n\n\tThe question recurring on the substitute, it was rejected.\n\n\tOn motion of Mr. A. E. AMES, the Committee rose and reported back the Article to the Convention, with amendments, and asked concurrence therein.\n\n\tThe amendments to section 1 were then concurred in.\n\n\tOn motion Mr. MEEKER, the Convention adjourned.\n\nH. H. SIBLEY, President.\t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\nAttest:\n\n\tJ. J. NOAH, Secretary.\n"}]
