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[{"insert":"THIRTEENTH DAY."},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"TUESDAY, July 28, 1857."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\tThe Convention met pursuant to adjournment and was called to order by the PRESIDENT.\n\tThe Journal of yesterday was read and approved.\n\tRev. Mr. RIHELDAFFER, having declined the office of Chaplain, and JOHN BILL, having declined the office of Messenger,\n\tMr. KEEGAN moved that HUGH A. GAHERTY be chosen Messenger in place of John BELL. Carried.\n\tMr. MURRAY moved that the Rev. JOHN PENMAN be chosen Chaplain in place of Rev. Mr. RIHELDAFFER. Carried.\n\tThe Sergeant-at-arms, Assistant Sergeant-at-arms, and Messenger elect, appeared and were sworn in.\n\tMr. WARNER offered the following resolution:\n\t\""},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That the President of the Convention appoint a Committee of three who are hereby authorized and required to con- tract for the postage of members of the Convention on all letters and papers by them sent or received by mail, said papers and letters to be marked 'paid.'\"\n\tWhich resolution was carried.\n\tThe Chair appointed Messrs. WARNER, M'FETRIDGE and BAASEN, said Committee.\n\tThe Committee appointed to report Rules for the Government of the Convention, presented their report.\n\tMr. SETZER moved that the same be read by the Secretary section by section.\n\tWhich motion was carried.\n\tWhereupon the Secretary read the first section.\n\tMr. STACEY moved to strike out of the first rule all after the word \"quorum.\"\n\tMr. SETZER moved to amend by inserting after the word \"quorum,\" the following:\n\t\"To transact business, but a smaller number may compel the attendance of members and adjourn from day to day.\"\n\tWhich amendment was adopted.\n\tMr. BROWN moved to amend the amendment as adopted, by striking out the word \"compel,\" and to insert in lieu thereof, the words \"send for.\"\n\tWhich motion did not prevail.\n\tThe question then being taken on the original motion, it was carried, and the first rule was amended pursuant to Mr. SETZER'S motion.\n\tMr. STACEY moved that the Secretary proceed to read the whole report of the Committee without further amendment at this time.\n\tWhich motion was carried.\n\tWhereupon the Secretary proceeded to read the report.\n\tMr. NORRIS moved that the report of the Committee on Rules be laid upon the table.\n\tWhich motion prevailed.\n\tThe Committee appointed to consider and report upon some method of proceeding in forming a Constitution, made their report as follows:\n\t\"The Committee appointed to consider and report upon some method of proceeding in forming a Constitution, have had that subject under consideration and ask leave to\nREPORT:"},{"attributes":{"align":"center"},"insert":"\n"},{"insert":"\t\"That in the opinion of the Committee it is expedient that each of the several subjects involved in the formation of a Constitution be, as far as practicable, referred to separate and distinct committees, and that the Convention adopt the following arrangement in the appointment of committees and in the reference of subjects for their consideration—the committees proposed, to be appointed by the President of the Convention:\n\t"},{"attributes":{"italic":true},"insert":"First"},{"insert":". There shall be a committee of three to consider and report a preamble and declaration of rights, and also, in a distinct article, upon the elective franchise.\n\t"},{"attributes":{"italic":true},"insert":"Second"},{"insert":". A committee of seven 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, passed on the 3d day of March, 1857.\n\t"},{"attributes":{"italic":true},"insert":"Third"},{"insert":". A Committee of five upon the distribution of the powers of the State Government.\n\t"},{"attributes":{"italic":true},"insert":"Fourth"},{"insert":". A Committee of nine upon the Legislative Department of the government, which Committee shall also be charged with the duty of considering and reporting upon the subject of Legislative and Congressional apportionment.\n"},{"attributes":{"italic":true},"insert":"\tFifth"},{"insert":". A Committee of five upon the Executive Department, including the subject of appointment to office, and the term of office.\n\t"},{"attributes":{"italic":true},"insert":"Sixth"},{"insert":". A Committee of seven upon the Judicial Department.\n\t"},{"attributes":{"italic":true},"insert":"Seventh"},{"insert":". A Committee of seven upon the Finances of the State, and upon Banks and Banking.\n\t"},{"attributes":{"italic":true},"insert":"Eight"},{"insert":". A Committee of five upon Corporations and their privileges, not including corporations for the purposes of banking.\n\t"},{"attributes":{"italic":true},"insert":"Ninth"},{"insert":". A Committee of seven upon the subject of School Funds, Education and Science.\n\t"},{"attributes":{"italic":true},"insert":"Tenth"},{"insert":". A Committee of five upon the subject of Counties and Towns and the organization of the same.\n\t"},{"attributes":{"italic":true},"insert":"Eleventh"},{"insert":". A Committee of three upon the Seal of the State, a Coat of Arms, and design of the same.\n\t"},{"attributes":{"italic":true},"insert":"Twelfth"},{"insert":". A Committee of three upon amendments to the Constitution.\n\t"},{"attributes":{"italic":true},"insert":"Thirteenth"},{"insert":". A Committee of five upon the subject of Military Organization.\n\t"},{"attributes":{"italic":true},"insert":"Fourteenth"},{"insert":". A Committee of seven upon miscellaneous subjects not embraced within the duties of other Committees.\n\tAll of which is respectfully submitted.\nM. SHERBURNE,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"B. B. MEEKER,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"J. S. NORRIS,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"W. W. KINGSBURY,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"WM. A. DAVIS,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"O. W. STREETER,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"CHAS. E. FLANDRAU,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"Committee.\""},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\tMr. GORMAN moved that a Committee of three be inserted upon \"Revision and Phraseology.\"\n\tWhich motion prevailed.\n\tMr. BROWN moved that a Committee of five be added on \"State Boundaries.\"\n\tPending the consideration of which,\n\tMr. GILMAN moved that the report be laid on the table to be printed.\n\tWhich motion was lost.\n\tThe question then recurring on Mr. BROWN'S motion, it was decided in the negative.\n\tMr. EMMETT moved to amend the second section by inserting after the word \"seven,\" the words \"upon the name and boundaries of the State and.\"\n\tWhich motion prevailed.\n\tMr. STACEY moved that the report of the Committee be adopted.\n\tWhich motion prevailed.\n\tMr. FLANDRAU moved that all Committees exceeding five in number, except the Committee on Apportionment, be reduced to five.\n\tWhich motion was lost.\n\tMr. BROWN moved to reconsider the adoption of the report of the Committee on Business, which motion was decided in the negative.\n\tMr. SETZER moved that the Convention now proceed to take up the report of the Committee on Rules.\n\tWhich motion prevailed.\n\tMr. GORMAN moved that the rules be read section by section, and each adopted or rejected.\n\tWhich motion prevailed.\n\tMr. STACEY moved to strike out of the 5th rule all after the word \"writing,\" which motion was rejected.\n\tMr. KEEGAN moved to adjourn, which motion was lost.\n\tThe Secretary then proceeded to read the rules, and the following Rules were adopted, with and without amendments, appearing as follows:\n\tThe Committee appointed to report Rules for the government of the Convention, present the following, to wit:–\n\tRULE 1st. Two-thirds of the members sworn in shall be a quorum to transact business, but a smaller number may compel the attendance of members, and adjourn from day to day.\n\tRULE 2d. Reading of the minutes and corrections.\n\tRULE 3d. The President shall preserve order and decorum, and decide questions of order subject to an appeal to the Convention, He shall have the right to name any member to perform the duties of the Chair; but substitution shall not extend beyond the hour of adjournment.\n\tRule 4th. All motions and addresses to be made to the President.\n\tRule 5th. No motion to be debated or put, unless seconded; and all to be reduced to writing, if required by the President.\n\tRULE 6th. Yeas and nays to be called for by ten members.\n\tRULE 7th. President to name who has the floor.\n\tRULE 8th. No interruption, and on a call to order, a member must sit down.\n\tRULE 9th. No conversation while a member is speaking, and no passing between a member who is speaking and the Chair.\n\tRULE 10th. No reference to members names in debates.\n\tRULE 11th. Motions can be withdrawn by mover before question is put, and amendment made, and another member may put the same.\n\tRULE 12th. All Committees to be appointed by the President, unless otherwise ordered.\n\tRULE 13th. None to be admitted inside of the bar except members, or officers, without permission of the President, or on invitation of a member.\n\tRULE 14th. The previous question shall always be in order in Convention, if seconded by a majority, and until it is decided all amendments and debates shall be precluded. The question shall be put in this form: \"Shall the main question be now put?\" If it should be decided that the question should not now be put, the main question shall still remain under consideration; if seconded, the questions will then be taken in their order without further debate. Amendments proposed in Committee of the Whole shall be deemed pending, and in order if called for by a member.\n\tRULE 15th. A motion to adjourn shall always be in order, and be decided without debate.\n\tRULE 16th. In forming Committee of the Whole, the President before leaving the Chair, shall appoint a Chairman.\n\tRULE 17th. No member shall speak more than twice to the same question without leave, nor more than once until every other member rising to speak shall have spoken.\n\tRULE 18th. A motion for reconsideration shall be in order at any time, and may be moved by any member of the Convention. But the question shall not be taken on the same day, unless by unanimous consent, and if lost, it shall not be renewed, or any vote taken on a reconsideration a second time unless with the consent of the Convention. If the motion to reconsider is not maid on the same day one day’s notice shall be required to be given of the intentions to make it.\n\tRULE 19th. The proceeding rules shall be observed in Committee of the Whole so far as they are applicable, except so much of the 17th Rule as restricts the speaking to more than twice. 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 be decided without debate; but the Journal of the proceedings in Committee shall be kept.\n\tRULE 20th. The President may admit such and as many reporters within the bar as he may deem proper.\n\tRULE 21st. Any member may move a call of the Convention, and if sustained by one third of the members present, the roll shall be called and absent members sent for. After the roll is called no member shall be permitted leave the room until the report of the Sergeant-at-Arms be received or further proceedings in the call\nbe suspended by a vote of the majority of the members present.–But this Rule shall not be applicable to the Committee of the Whole.\n\tRULE 22d. No Rule of the Convention shall be suspended, altered or amended, without the concurrence of two-thirds of the members present.\n\tRULE 23d. The Rules of Parliamentary practice comprised in Jefferson's Manual, shall govern the Convention in all nares to which they are applicable and in which they are not inconsistent with the standing rules and orders of the Convention.\n\tRULE 24th. On the meeting of the Convention, after correcting of the Journal of the preceding day the order of business shall be as follows:\n\t1st. Presentation of petitions.\n\t2d. Reports of Standing Committees; reports of Select Committees.\n\t3d. Motions, resolutions and notices.\n\t4th. Unfinished business of the previous day.\n\t5th. Special order of the day.\n\t6th. General order of the day.\n\tRULE 25th. The hour of meeting shall be nine o'clock, A. M., on each day, Sundays excepted.\n\tThe Committee to whom was refereed the subject of contracting with the official reporter, made the following report, which was adopted:\n\t\"We, the undersigned, have conferred with Mr. SMITH, the Official Reporter to the Constitutional Convention, and agreed to give him Two Thousand Five Hundred Dollars for reporting the proceedings and debates, and that the Territory and future State have the copyright and all proceeds thereof after publication.\"\nW. A. GORMAN,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"C. E. FLANDRAU,"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"D. GILMAN."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"Committee."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"July 28, 1857.\n\tPETER ZOLLER was then sworn in as a Messenger.\n\tOn motion of Mr. BECKER, the Convention adjourned.\nH. H. SIBLEY, President."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"Attest:\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.