THIRTY-FOURTH DAY.
FRIDAY, August 21, 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.
On motion of Mr. A. E. AMES, the rule requiring reports to lay over one day after having been printed was repeated.
On motion of Mr. STACEY, the Convention resolved itself into Committee of the Whole.
Mr. DAVIS in the Chair.
Having under consideration the Report of the Committee on Miscellaneous Subjects.
Mr. STURGIS offered the following as a substitute for Section 6.
"All persons residing on Indian lands within the State, shall enjoy title same rights and privileges as citizens, as though they lived in any other portion of the State, and shall be subject to taxation, and in all respects amenable to the laws of the State."
Which substitute was adopted.
On motion of Mr. CURTIS, the following was adopted as an additional section:
"The Territorial prison located under existing laws, shall, after the adoption of this constitution, be and remain one of the State prisons of the State of Minnesota."
On motion of Mr. A. E. AMES, the following additional section was adopted:
"The Legislative Assembly may provide Houses of Refuge for the correction and reformation of juvenile offenders, and for the support of institutions for the deaf and dnmb; also, for the treatment of the insane.
After sometime spent thereto, the Committee rose and reported back the article with amendments, and asked concurrence of the Convention thereto.
The amendments of the Committee were concurred in in gross.
On motion of Mr. BECKER, the Convention adjourned till 2 ½ o'clock, P. M.
2 ½ O'CLOCK, P. M.
The Convention met pursuant to adjournment, and was called to order by the PRESIDENT.
Mr. SETZER moved a re-consideration of the vote by which the amendments of the Committee of the Whole, to the Report of the Committee on Miscellaneous Subjects were adopt in gross.
Which motion was lost.
Mr. SETZER moved to amend Section 4, by adding thereto the following: "But the husband shall in no case be liable for the debts of the wife."
Mr. STACEY moved to amend the amendment, by adding thereto the words "contracted before marriage."
Which amendment to the amendment was adopted.
Mr. EMMETT moved to amend further by adding the following:
"Until after the separate property of the wife shall be first exhausted."
Which amendment was rejected.
The question recurring on the amendment as amended, it was adopted.
Mr. FLANDRAU offered the following as a substitute for section 4:
"SEC. 4. The Legislature may provide by law that the separate property of married women shall be exempted from the debts and liabilities of the husband."
Which substitute was rejected.
Mr. EMMETT moved to strike out the entire section.
And the yeas and nays being called for and ordered, there were yeas 15, nays 22.
Those who voted in the affirmative were,
Messrs. Butler, Baasen, Chase, Emmett, Faber, Jerome, Kennedy, Meeker, McMahan, Norris, Rolette, Setzer, Swan, Taylor, and Vasseur—15.
Those who voted in the negative were,
Messrs. A. E. Ames, Barrett, Burns, Burwell, Curtis, Davis, Day, Flandrau, Gilman, Keegan, Leonard, Lashelle, Murray, McFetridge, Sanderson, Stacey, Shepley, Sturgis, Streeter, Tuttle, Waitt, and Mr. President—22.
So the motion to strike out was decided in the negative.
Mr. EMMETT offered the following as a substitute for section 4:
"SEC. 4. The property of married women which they may have at the time of marriage, or may acquire during coverture, together with the rents, issues and profits arising therefrom, shall be subject to their exclusive control, and may be disported of by them in the same manner as though they were unmarried; and shall be subject to all debts contracted by them before marriage, but shall never be liable for the debts of the husband."
Which substitute was adopted.
The question recurring on adopting the report as amended, and ordering the same to be engrossed.
It was decided in the affirmative.
Mr. WAIT offered the following resolution:
"Resolved, That the Committee appointed by the President of the Constitutional Convention to confer with a Committee from the body occupying the East end of the Capitol be instructed to report the result of their conference to this Convention to-morrow at 10 o'clock, A. M."
Mr. MURRAY moved to lay the same upon the table.
Which motion was lost.
Mr. FLANDRAU moved to commit the same to the Committee on Conference.
Which motion was lost.
Mr. ROLETTE moved that the Convention adjourn until Monday next.
Which motion was lost.
The resolution was then adopted.
Mr. FLANDRAU from the Committee to whom was referred the resolution authorizing the boundary line to be submitted to the people for their vote, reported the same back to the Convention without suggestion or amendment.
Mr. MEEKER moved to adjourn.
Which motion was lost.
The resolution was then, on motion of Mr. BROWN, laid upon the table.
On motion of Mr. FLANDRAU, the Convention adjourned.
H. H. SIBLEY, President.
Attest:
J. J. NOAH, Secretary.
[{"insert":"THIRTY-FOURTH DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nFRIDAY, August 21, 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\tOn motion of Mr. A. E. AMES, the rule requiring reports to lay over one day after having been printed was repeated.\n\n\tOn motion of Mr. STACEY, the Convention resolved itself into Committee of the Whole.\n\n\tMr. DAVIS in the Chair.\n\n\tHaving under consideration the Report of the Committee on Miscellaneous Subjects.\n\n\tMr. STURGIS offered the following as a substitute for Section 6.\n\n\n\t\"All persons residing on Indian lands within the State, shall enjoy title same rights and privileges as citizens, as though they lived in any other portion of the State, and shall be subject to taxation, and in all respects amenable to the laws of the State.\"\n\n\tWhich substitute was adopted.\n\n\tOn motion of Mr. CURTIS, the following was adopted as an additional section:\n\n\t\"The Territorial prison located under existing laws, shall, after the adoption of this constitution, be and remain one of the State prisons of the State of Minnesota.\"\n\n\tOn motion of Mr. A. E. AMES, the following additional section was adopted:\n\n\t\"The Legislative Assembly may provide Houses of Refuge for the correction and reformation of juvenile offenders, and for the support of institutions for the deaf and dnmb; also, for the treatment of the insane.\n\n\tAfter sometime spent thereto, the Committee rose and reported back the article with amendments, and asked concurrence of the Convention thereto.\n\n\tThe amendments of the Committee were concurred in in gross.\n\n\tOn motion of Mr. BECKER, the Convention adjourned till 2 ½ o'clock, P. M.\n\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\tMr. SETZER moved a re-consideration of the vote by which the amendments of the Committee of the Whole, to the Report of the Committee on Miscellaneous Subjects were adopt in gross.\n\n\tWhich motion was lost.\n\n\tMr. SETZER moved to amend Section 4, by adding thereto the following: \"But the husband shall in no case be liable for the debts of the wife.\"\n\n\tMr. STACEY moved to amend the amendment, by adding thereto the words \"contracted before marriage.\"\n\n\tWhich amendment to the amendment was adopted.\n\n\tMr. EMMETT moved to amend further by adding the following:\n\n\t\"Until after the separate property of the wife shall be first exhausted.\"\n\n\tWhich amendment was rejected.\n\n\tThe question recurring on the amendment as amended, it was adopted.\n\n\tMr. FLANDRAU offered the following as a substitute for section 4:\n\n\t\"SEC. 4. The Legislature may provide by law that the separate property of married women shall be exempted from the debts and liabilities of the husband.\"\n\n\tWhich substitute was rejected.\n\n\tMr. EMMETT moved to strike out the entire section.\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 15, nays 22.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. Butler, Baasen, Chase, Emmett, Faber, Jerome, Kennedy, Meeker, McMahan, Norris, Rolette, Setzer, Swan, Taylor, and Vasseur—15.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Barrett, Burns, Burwell, Curtis, Davis, Day, Flandrau, Gilman, Keegan, Leonard, Lashelle, Murray, McFetridge, Sanderson, Stacey, Shepley, Sturgis, Streeter, Tuttle, Waitt, and Mr. President—22.\n\n\tSo the motion to strike out was decided in the negative.\n\n\tMr. EMMETT offered the following as a substitute for section 4:\n\n\t\"SEC. 4. The property of married women which they may have at the time of marriage, or may acquire during coverture, together with the rents, issues and profits arising therefrom, shall be subject to their exclusive control, and may be disported of by them in the same manner as though they were unmarried; and shall be subject to all debts contracted by them before marriage, but shall never be liable for the debts of the husband.\"\n\n\tWhich substitute was adopted.\n\n\tThe question recurring on adopting the report as amended, and ordering the same to be engrossed.\n\n\tIt was decided in the affirmative.\n\n\tMr. WAIT offered the following resolution:\n\n\t\""},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That the Committee appointed by the President of the Constitutional Convention to confer with a Committee from the body occupying the East end of the Capitol be instructed to report the result of their conference to this Convention to-morrow at 10 o'clock, A. M.\"\n\n\tMr. MURRAY moved to lay the same upon the table.\n\n\tWhich motion was lost.\n\n\tMr. FLANDRAU moved to commit the same to the Committee on Conference.\n\n\tWhich motion was lost.\n\n\tMr. ROLETTE moved that the Convention adjourn until Monday next.\n\n\tWhich motion was lost.\n\n\tThe resolution was then adopted.\n\n\tMr. FLANDRAU from the Committee to whom was referred the resolution authorizing the boundary line to be submitted to the people for their vote, reported the same back to the Convention without suggestion or amendment.\n\n\tMr. MEEKER moved to adjourn.\n\n\tWhich motion was lost.\n\n\tThe resolution was then, on motion of Mr. BROWN, laid upon the table.\n\n\tOn motion of Mr. FLANDRAU, the Convention adjourned.\n\nH. H. SIBLEY, President.\t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\nAttest:\n\n\tJ. J. NOAH, Secretary.\n"}]
