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[{"insert":"THIRTY-EIGHTH DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\nWEDNESDAY, Aug. 26, 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, a call of the Convention was ordered and the following members were found absent:\n\n\tMessrs. M. E. AMES, Baker, Bailly, Brown, Baasen, Cantell, Chase, Flandrau, Gilbert, Gorman, Holcombe, Jerome, Kingsbury, Murray, McGrorty, McFetridge, Nash, Rolette, Setzer, Sanderson, Sherburne, Shepley, Sturgis, Tuttle, Vasseur, and Wilson.\n\n\tThe Sergeant-at-Arms was directed to report the absent members in their seats.\n\n\tOn motion of Mr. TENVOORDE, further proceedings under the call were dispensed with.\n\n\tMr. WAIT moved to insert the word \"Circuit\" in lieu of \"District,\" in section 1, second line of the \"Judicial\" Article.\n\n\tWhich motion was lost.\n\n\tMr. CURTIS moved to strike out the words \"Seat of Government,\" in the ninth line of section 2.\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to amend section 2, by stricking out from the word \"Government\" in the ninth line to the end of the paragraph in the eleventh line.\n\n\tWhich amendment was not agreed to.\n\n\tMr. CURTIS moved to strike out of section 3, line first, the word \"Judges,\" and insert the word \"Justices.\"\n\n\tWhich motion was carried.\n\n\tMr. M. E. AMES moved to strike out of section 4, sixth line, the word \"seven,\" and insert in lieu thereof, the word \"five.\"\n\n\tWhich motion was carried.\n\n\tOn motion of Mr. A. E. AMES, the word \"Justices\" was inserted in section 6, first line, in lieu of the word \"Judges,\" and the words \"Judges of the\" inserted before the word \"District\" in said first line.\n\n\tOn motion of Mr. M. E. AMES, the words \"and general probate powers,\" were inserted in the thirteenth line of section 7.\n\n\tOn motion of Mr. M. E. AMES, the word \"over\" was struck out of the eighth line of section 8.\n\n\tMr. WARNER moved to strike out the word \"one\" in sixth line, section 8, and insert \"two.\"\n\n\tWhich motion was lost.\n\n\tMr. TAYLOR moved to strike out the word \"two\" in third line, section 8, and insert \"one\" in lieu thereof.\n\n\tWhich motion was lost.\n\n\tMr. STURGIS moved to insert the words \"and fifty\" in sixth line, section 8.\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. M. E. AMES, the word \"seven\" was struck out of the fourth line, section 9, and \"five\" inserted in lieu thereof.\n\n\tOn motion of Mr. A. E. AMES, the word \"Justice of the Supreme Court, or\" were inserted in the first line of section ten.\n\n\tOn motion of Mr. STREETER, the words \"or appointed\" were struck out of the fourth line of section 10.\n\n\tOn motion of Mr. WAIT, the words \"Judges of,\" were inserted in first line, section 11.\n\n\tMr. CURTIS moved to strike out of section 11, the words \"given by the Legislature of the people.\"\n\n\tWhich motion was lost.\n\n\tMr. TAYLOR moved to insert the word \"two\" in lieu of \"four,\" in the fourth line, section 13.\n\n\tWhich motion was lost.\n\n\tMr. A. E. AMES moved to strike out of section 14, the words \"but they shall be in substance according to the common law.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 25, nays 18.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames, M. E. Ames, Armstrong, Butler, Becker, Barrett, Burns, Burwell, Curtis, Cantell, Chase, Day, Flandrau, Gilman, Jerome, Kennedy, Keegan, Lashelle, Murray, McFetridge McMahan, Rolette, Sturgis, Streeter, and Swan—25.\n\n\tThose who voted in the negative were,\n\n\tMessrs. Baasen, Davis, Emmett, Faber, Gorman, Leonard, Meeker, Norris, Nash, Prince, Setzer, Sherburne, Stacey, Taylor, Tenvoorde, Wait, Warner, and Mr. President—18.\n\n\tSo the motion was carried, and the words were stricken out.\n\n\tMr. M. E. AMES moved that the rules be suspended so as to allow the introduction of an amendment to a passed section.\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. WAIT, the word \"any\" was struck out of section 2, 3d line of the Article on Elective Franchise.\n\n\tMr. STREETER moved to strike out Section 5 of said Article.\n\n\tWhich motion was lost.\n\n\tMr. BAASEN moved to strike out the Preamble of the Article on School Funds, Education and Science.\n\n\tWhich motion was lost.\n\n\tMr. BUTLER moved to insert the words \"investigation in,\" in the 7th line of section 1.\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to strike out the the Preamble, and also to strike out the words \"in literature and science and,\" in the 4th line, section 1; also, the words \"for the promotion of agriculture, arts, science, trade, manufactures and natural history.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 19 and nays 23, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs Butler, Becker, Baasen, Curtis, Emmett, Flandrau, Gorman, Jerome, Kennedy, Keegan, Norris, Nash, Rolette, Setzer, Sanderson, Sherburne, Stacey, Swan and Tenvoorde—19.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, M. E. Ames, Armstrong, Barrett, Burns, Burwell, Chase, Davis, Day, Faber, Gilman, Leonard, Lashelle, Meeker, McFetridge, McMahan, Prince, Sturgis, Streeter, Taylor, Wait, Warner and Mr. President—23.\n\n\tSo the amendment was rejected.\n\n\tMr. CHASE moved to add after the 7th line of section 2, the words \"for less than five dollars per acre.\"\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to strike out the words \"but the lands of the greatest valuation shall be sold first.\"\n\n\tWhich motion was lost.\n\n\tMr. WARNER moved to strike out section 3.\n\n\tWhich motion was lost.\n\n\tMr. TAYLOR moved to strike out of Section 5 of the Article on Finances of the State, Banks and Banking, in 11th line, the word \"ten\" and insert \"five.\"\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. BECKER, the words \"at any one time,\" were inserted in the 3d line of Section 5 of said Article.\n\n\tOn motion of Mr. M. E AMES, the words \"singly nor\" were struck out in the said section 5.\n\n\tOn motion of Mr. EMMET, the words \"an appropriation by,\" were struck out of section 9.\n\n\tOn motion of Mr. CURTIS, the word \"whom,\" was struck out of section 11, and the words \"what source,\" inserted in lieu thereof.\n\n\tMr. TAYLOR moved to strike out section 13.\n\n\tWhich motion was lost.\n\n\tMr. BECKER moved to strike out of section 2, 4th line, the word \"two,\" and insert \"ten\" in lieu thereof, and strike out all to the colon following.\n\n\tWhich motion was lost.\n\n\tMr. M. E. AMES moved to amend section 14, 3d subdivision, by striking out all after the word \"liable\" in the 17th line, and insert, in lieu thereof, \"Over and above the stock by him or her owned, to a further sum at least equal in amount to such stock.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 25, nays 18, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames, M. E. Ames, Becker, Barrett, Curtis, Cantell, Chase, Day, Emmett, Flandrau, Gilman, Jerome, Leonard, Lashelle, Meeker, McFetridge, McMahan, Prince, Rolette, Setzer, Sturgis, Taylor, Tenvoorde, Tuttle and Wait—25.\n\n\tThose who voted in the negative were,\n\n\tMessrs. Armstrong, Butter, Burns, Burwell, Baasen, Davis, Faber, Kennedy, Keegan, McGrorty, Norris, Nash, Sanderson, Stacey, Streeter, Swan, Warner and Mr. President—18.\n\n\tSo the amendment was adopted.\n\n\tMr. M. E. AMES moved to amend the second clause of section 14, by inserting after the words \"stocks\" in 13th line, the words \"railroad bonds.\"\n\n\tMr. BECKER moved to amend the amendment by striking out the words \"United States Stock or State Stocks.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 4, nays 38, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. Becker, Emmett, Setzer and Tenvoorde—4.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, M. E. Ames, Armstrong, Butter, Barrett, Burns, Burwell, Baasen, Curtis, Chase, Davis, Day, Faber, Flandrau, Gorman, Gilman, Jerome, Kennedy, Keegan, Leonard, Lashelle, Meeker, McFetridge, McMahan, Norris, Nash, Prince, Rolette, Sanderson, Stacey, Sturgis, Streeter, Swan, Taylor, Tuttle, Wait, Warner and Mr. President.\n\n\tSo the motion was lost.\n\n\tMr. BAASEN moved to amend the amendment by adding after the words \"State Stocks,\" the words \"or first mortgage bonds on Rail Roads in this State; said bonds not to exceed the amount of $10,000 for each mile of roads in running order.\"\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 5, nays 39, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. M. E. Ames, Barrett, Baasen, Chase and Setzer—5.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Armstrong, Butter, Becker, Burns, Burwell, Curtis, Davis, Day, Emmett, Faber, Flandrau, Gorman, Gilman, Jerome, Kennedy, Keegan, Leonard, Lashelle, Murray, Meeker, McGrorty, McFetridge, McMahan, Norris, Nash, Prince, Rolette, Sanderson, Stacey, Sturgis, Streeter, Swan, Taylor, Tenvoorde, Tuttle, Wait. Warmer and Mr. President—39.\n\n\tSo the amendment to the amendment was rejected.\n\n\tThe question recurring on the original amendment,\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 2, nays 43, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. M. E. Ames and Setzer—2.\n\n\tThose who voted in the negative were,\n\n\tMessrs. A. E. Ames, Armstrong, Butler, Becker, Barrett, Burns, Burwell, Baasen, Curtis, Cantell, Chase, Davis, Day, Emmett, Faber, Flandrau, Gorman, Gilman, Jerome, Kennedy, Keegan, Leonard, Lashelle, Murray, Meeker, McGrorty, MeFetridge, McMahan. Norris, Nash, Prime, Rolette, Sanderson, Stacey, Sturgis, Streeter, Swan, Taylor, Tenvoorde, Tuttle, Wait, Warner and Mr. President—43.\n\n\tSo the amendment was rejected.\n\n\tMr. KEEGAN moved to amend section 1, fifth line, of the Article on \"Corporations having no Banking Privileges,\" by striking out the word \"natural\" and insert the word \"other.\"\n\n\tWhich motion was lost.\n\n\tMr. CURTIS moved to insert the word \"individuals\" in lieu of the words \"natural persons\" in section 1.\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. WAIT, the quotation marks in the first section were struck out.\n\n\tOn motion of Mr. EMMETT, the word \"all\" was inserted in lieu of the word \"the,\" in seventh line, section 4.\n\n\tOn motion of Mr. EMMETT, the words \"already organized,\" in the 5th line of section 1 of Article on Counties and Townships, were struck out and the word \"Organized\" inserted in the 4th line, before the word \"Counties.\"\n\n\tOn motion of Mr. EMMETT, the word \"such\" was struck out of the 8th line of section 1, and the words \"in each County\" added after the word \"electors.\"\n\n\tMr. SHEPLEY moved to strike out all after the word “Counties\" in the 2d line of section 1.\n\n\tWhich motion was lost.\n\n\tMr. TAYLOR moved to strike out the word \"twenty\" in 2d line of section 3, and insert \"eighteen\" instead.\n\n\tWhich motion was lost.\n\n\tMr. A. E. AMES moved to insert in the 2d line of section 3, after the word \"purposes,\" the words \"by general laws.\"\n\n\tWhich motion was lost.\n\n\tMr. EMMETT moved to add the following to section 5:\n\n\t\"But its credit shall never be given or loaned in aid of any individual, association or corporation.\"\n\n\tMr. BAASEN moved a call of the Convention.\n\n\tWhich motion was lost.\n\n\tMr. TAYLOR moved to adjourn.\n\n\tWhich motion was lost.\n\n\tMr. STACEY moved to adjourn until half-past two.\n\n\tWhich motion was lost.\n\n\tThe yeas and nays being called for and ordered upon Mr. EMMETT'S amendment, there were yeas 21, nays 21.\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames, Butler, Barrett, Curtis, Chaise, Day, Emmett, Flandrau, Gorman, Leonard, Lashelle, Murray, McGrorty, Norris, Prince, Setzer, Sanderson, Shepley, Sturgis, Swan and Taylor—21.\n\n\tThose who voted in the negative were,\n\n\tMessrs. M. E. Ames, Armstrong, Becker, Burns, Burwell, Baasen, Davis, Faber, Gilman, Kennedy, Keegan, Meeker, McFetridge, McMahan, Stacey, Streeter, Tenvoorde, Tuttle, Wait, Warner and Mr. President—21.\n\n\tSo the amendment was rejected by a tie vote.\n\n\tMr. TAYLOR moved that the Convention adjourn.\n\n\tWhich motion was lost.\n\n\tMr. MURRAY moved to adjourn until 2 ½ o'clock P. M.\n\n\tWhich motion was lost.\n\n\tMR. STACEY moved that the report of the Committee be deferred for the present.\n\n\tWhich motion was lost.\n\n\tMr. STACEY moved that the Convention adjourn until half-past two P. M.\n\n\tMr. BAASEN moved a call of the Convention.\n\n\tWhich motion was lost.\n\n\tMr. A. E. AMES moved to amend section 1 of the Article on Impeachments and Removals from Office, by striking out the word \"Judges,\" in the 2d line, and insert the word \"Justices,\" and insert before the word \"District,\" in the 2d line, the words \"Judges of.\"\n\n\tWhich motion was carried.\n\n\tMr. EMMETT moved to amend section 5 by inserting after the word \"copy,\" in the 2d line, the words \"of the articles.\"\n\n\tWhich motion was carried.\n\n\tOn motion of Mr. CHASE, the Convention adjourned until half-past two 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\tOn motion of Mr. TENVOORDE, a call of the Convention was ordered, and the following gentlemen were found absent:\n\n\tMessrs. Baker, Burns, Chase, Faber, Flandrau, Gilbert, Holcombe, Kingsbury, Kennedy, Leonard, McGrorty, Norris, Nash, Prince, Rolette, Sherburne, Shepley, Warner and Wilson.\n\n\tMr. EMMETT moved to insert the words, \"Territory for the use of the\" in the eleventh line of section three of the Article on Miscellaneous Subjects.\n\n\tWhich motion was lost.\n\n\tMr. SETZER moved to add the following to section 4:\n\n\t\"And the right of suffrage and holding office shall also be secured to married women.\"\n\n\tWhich amendment was rejected.\n\n\tMr. SETZER moved to strike out section 5.\n\n\tWhich motion was lost.\n\n\tMr. SETZER moved that the further consideration of the Article on amendments he dispensed with until to-morrow.\n\n\tAnd the yeas and nays being called for and ordered, there were yeas 21, nays 23, as follows:\n\n\tThose who voted in the affirmative were,\n\n\tMessrs. A. E. Ames, Armstrong, Burns, Cantell, Davis, Day, Gil- man, Jerome, Keegan, Lashelle, McGrorty, McFetridge, Prince, Rolette, Setzer, Stacey, Sturgis, Streeter, Taylor, Vasseur, and Wait—21.\n\n\tThose who voted in the negative were,\n\n\tMessrs. M. E. Ames, Butler, Becker, Barrett, Burwell, Baasen, Curtis, Chase, Emmett, Gorman, Kennedy, Leonard, Murray, Meeker, McMahan, Norris, Sanderson, Shepley, Swan, Tenvoorde, Tuttle, Warner and Mr. President—23.\n\n\tSo the motion was lost.\n\n\tMr. GILMAN moved to take a recess of one hour.\n\n\tWhich motion was lost.\n\n\tMr. ROLETTE moved the Convention adjourn.\n\n\tWhich motion was lost.\n\n\tOn motion of Mr. M. E. AMES 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.