[{"attributes":{"background":"transparent","color":"windowtext"},"insert":"NINTH DAY."},{"attributes":{"align":"center"},"insert":"\n\n"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"WEDNESDAY, July 22, 1857."},{"insert":"\t"},{"attributes":{"align":"right"},"insert":"\n\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"The Convention met pursuant to adjournment and was called to order by the President, "},{"attributes":{"background":"transparent","color":"windowtext","italic":true},"insert":"pro tem."},{"insert":"\n\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"The Journal of yesterday was read and approved."},{"insert":"\n\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"The President stated that the first business in order was the report of the Committee on Credentials."},{"insert":"\n\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"Mr. BROWN from that Committee, submitted the following report, which was read by the Secretary. "},{"insert":"\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":" "},{"insert":"\n"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"REPORT OF THE COMMITTEE ON CREDENTIALS. "},{"attributes":{"align":"center"},"insert":"\n"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":" "},{"attributes":{"align":"center"},"insert":"\n"},{"attributes":{"background":"#ffffff","color":"#000000"},"insert":"\t"},{"attributes":{"background":"transparent","color":"windowtext"},"insert":"The Committee appointed to examine the credentials of members elect to this Convention, respectfully report:"},{"insert":"\n\n\t“That the following certificates of election have been presented, to which there are no contests, or no dispute whatever as to the right of the several persons named to take seats as members:\n\n\t"},{"attributes":{"italic":true},"insert":"First Council District"},{"insert":".–Wm. Holcombe, James S. Norris, Henry N. Setzer, Gould T. Curtis, Charles G. Leonard, Newington Gilbert, Charles E. Butler, and R. H. Sanderson.\n\n\t"},{"attributes":{"italic":true},"insert":"Second Council District"},{"insert":".–George L. Becker, Moses Sherburne, D. A. J. Baker, Lafayette Emmet, Wm. P. Murray, W. A. Gorman, Wm. H. Taylor, Jno. S. Prince, Patrick Nash, Wm. B. McGrorty, Paul Faber, and Michael E. Ames.\n\n\t"},{"attributes":{"italic":true},"insert":"Fourth Council District"},{"insert":".–Edwin C. Stacey.\n\n\t"},{"attributes":{"italic":true},"insert":"Fifth Council District"},{"insert":".–David Gilman, H. C. Wait, J. C. Shepley, Wm. Sturgis, Jno. W. Tenvoorde, W. W. Kingsbury, and R. H. Barrett.\n\n\t"},{"attributes":{"italic":true},"insert":"Sixth Council District"},{"insert":".–H. H. Sibley, Robert Kennedy, Daniel J. Burns, Frank Warner, Wm. A. Davis, Josiah Burwell, Henry G. Bailly, and Andrew Keegan.\n\n\t"},{"attributes":{"italic":true},"insert":"Seventh Council Distric"},{"insert":"t.–James McFetridge, J. P. Wilson, J. Jerome, Xavier Cantell, Joseph Rolette, and Louis Vasseur.\n\n\t"},{"attributes":{"italic":true},"insert":"Eighth Council District"},{"insert":".–James C. Day. \n\t\n\t"},{"attributes":{"italic":true},"insert":"Tenth Council District"},{"insert":".–Joseph R. Brown, C. E. Flandrau, Francis Baasen, Wm. B. McMahan, and J. H. Swan.\n\n\t"},{"attributes":{"italic":true},"insert":"Eleventh Council District"},{"insert":".–Alfred E. Ames\n\n\tYour Committee would further state that the following certified copy our abstract of the vote polled in the Third Council District, upon which Messrs. B. B. Meeker, Wm. M. Lashelles, C. A. Tuttle, and C. L. Chase, claim to be duly elected, was referred to the Committee for Examination, viz:–\n\n\tAt an election held at the City Council room, in the city of Saint Anthony, in Saint Anthony Precinct, in the county Hennepin and Territory of Minnesota, of the first day of June, one thousand eight hundred and fifty-seven, the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit:\n\n\tB. B. Meeker received for Delegate to the Constitutional Convention, five hundred and twenty-four votes.\n\n\tSamuel Stanchfield received for Delegate to the Constitutional Convention, four hundred and ninety-five votes.\n\n\tRichard Ferver received for Delegate to the Constitutional Convention, four hundred and ninety-six votes.\n\n\tWm. M. Lashelles received for Delegate to the Constitutional Convention, four hundred and ninety-seven votes.\n\n\tC. A. Tuttle received for Delegate to the Constitutional Convention, five hundred and nine votes.\n\n\tC. L. Chase received for Delegate to the Constitutional Convention, five hundred and twenty-one votes.\n\n\tJ. H. Murphy received for Delegate to the Constitutional Convention, from the Council District, four hundred and ninety-six votes.\n\n\tS. W. Putnam received for Delegate to the Constitutional Convention, from the Council District, four hundred and ninety-one votes.\n\n\tD. A. Secombe, received for Delegate to the Constitutional Convention from the Representative District, four hundred and seventy-two votes.\n\n\tD. M. Hall received for Delegate to the Constitutional Convention from the Representative District, four hundred and eighty-five votes.\n\n\tL. C. Walker received for Delegate to the Constitutional Convention, from the Representative District, five hundred and three votes.\n\n\tP. Winell received for Delegate to the Constitutional Convention from the Representative District, five hundred and twelve votes.\n\n Winell received for Delegate to the Constitutional Convention, from the Representative District, two votes.\n\n\tLashelles received for Delegate to the Constitutional Convention, from the representative District, two votes.\n\n C. Shasse received for Delegate to the Constitutional Convention from the Representative District, one vote.\n\n F. Fuker received for Delegate on the Constitutional Convention from the Representative District, one vote.\n\n John Weersinger, received for Delegate to the Constitutional Convention, one vote.\n\n H. Winells received for Delegate to the Constitutional Convention, one vote.\n\n\tWalker received for Delegate to the Constitutional Convention, one vote.\n\n\tSome White Man received for Delegate to the Constitutional Convention, one vote.\n\n\tPutnam received for Delegate to the Constitutional Convention, one vote.\n\n\t\t\t\t\t\t\t\tCertified by us,\n\nJAMES B. GILBERT,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"MOSES W. GITCHELL,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"STEPHEN COBB,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Judges of Election."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\nAttest: \n\n\tH. B. TAYLOR,\n\n\tDAN. M. DENSMORE,\n\n\tClerks of Election.\n\n\tOFFICE OF REGISTER OF DEEDS,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Hennepin Co. M. T."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tI certify that the above written, is a full, true and accurate copy of the original, as it appears on file at this office. \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tGEO. W. CHOWEN, Dep. Reg. Deeds, \nHennepin co., M. T. \t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\t\nMinneapolis, June 15, 1857.\n\n\tThus we find that B. B. Meeker, P. Winell, C. L. Chase, C. A. Tuttle, L. C. Walker and Wm. Lashelles, received the highest number of votes in the District, and because, as your Committee learns, there was no distinction made between delegates for the Council District and delegates for the Representative District, the certificates of election have been withheld from B. B. Meeker, C. L. Chase, C. A. Tuttle, and Wm. M. Lashelles. The. Enabling Act authorizes each Representative District existing within the limits of the proposed State, to elect two delegates for each Representative to which said District may be entitled, according to the apportionment for Representatives to the Territorial Legislature. The precinct of St. Anthony constitutes the 3d Council District, which elects one member of the Council and two members of the House of Representatives. It is a Representative District entitled to elect six delegates to the Convention, without any connection with any other portion of the Territory. There was no election in the District or any other point than at the place designated by law for opening the polls for the St. Anthony precinct, in the city of St. Anthony. What reason could possibly exist for a distinction as to whether the delegates were to represent members of the Council or of the House of Representatives. All were elected to perform the same duty, and to meet in the same Hall. Neither justice nor propriety required any distinctive difference upon the ballots of voters, and therefore, no doubt can exist the right of the six persons having the highest number of votes at the election, to take their seats as members of the Constitutional Convention. \n\n\tEven admitting that, as is the case in many of the Districts, several counties, or two or more Districts for the election of Representatives had been included within the 3d Council District, which would make it proper to permit a distinction to be made between Delegates representing the Council District entire, and those representing the several Districts within that Council District, which were entitled to elect Delegates. Even in that case, the person or persons obtaining the highest number votes in the Council District would be entitled to represent that Council District in Convention. The only object in making a distinction is, that the voters throughout the Council District may have an opportunity of participating in the choice of all the Delegates that are to represent the District and every individual1 is free to select the persons for whom he wishes to vote. It is therefore but right and just to suppose that the person having the highest number of votes in the District is entitled to a seat, for the simple reason, that the entire District should be supposed to cast more votes than any sub-division within that District. The will of the majority as clearly expressed through the ballot box, should be paramount, and that majority can only be determined by the votes polled. How ridiculous can suppose that a man is entitled to represent a Council District by virtue of having received fifty votes, in preference to another who received one hundred votes in a sub-division of the same District. \n\n\tBut as there were no sub divisions of the 3d Council District, and as there was but one precinct opened within that District, there cannot be the remotest reason for making distinction between the Representatives of the Councillor and those of the members of the House, and therefore believe that B. B. Meeker, C. L. Chase, C. A. Tuttle, and Wm. Lashelles, are legally elected and entitled to take their seats in this convention.” \n\n\tMr. O. W. STREETER presented the following abstract of the Houston county vote, upon which he claims a seat in the Constitutional Convention: \n\t\n\tUpon examination of the Poll Lists of the several precincts of the county of Houston, Minnesota Territory it was ascertained that C A. Coe received three hundred and twenty-nine (329) votes. Boyd Phelps received three hundred and six votes (306). E. Mackintire received one (1) vote. James C. Day received forty-nine (49) votes. J.A. Anderson received thirty-seven (37) votes. T. H. Conniff received two (2) votes. O. W. Streeter received three (3) votes for Delegate at large. C.W. Thompson received four hundred and forty-four (444) votes. M. G. Thompson received three hundred and forty-seven (347) votes. J. A. Anderson received four hundred and four (404) votes. J.A. McCan received four hundred and forty-nine (449) votes. O. W. Streeter received three hundred and seventy-five (375) votes. T. H. Conniff received two hundred and sixty-eight (268) votes. E. Mackintire received three hundred and forty-one (341) votes. J. C. Day received three hundred and seventy-seven (377) votes. J. B. LeBlond received two hundred and two (202) votes. L. D. Seefridge received ninety-one (91) votes for Delegate for Houston county. \n\n\tWe, the undersigned votes hereby certify the above to be a correct abstract of the vote in Houston county, M. T., on the first Monday, the 1st day of June, A. D. 1857, for Delegates to the Constitutional Convention to frame a Constitution. \nJAMES A. McCAN, Register of Deeds. \t"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"\tJACOB WEBSTER, "},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"\tJAMES C. DAY,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Justices of the Peace ."},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tI hereby certify the above to be a true copy of the abstract of the vote in this county for the purpose above specified. \n\nJAMES McCAN, Reg. of Deeds,\t\t "},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"and Clerk of the Board of County Commissioners. "},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\t\n\tThis case is similar to that of the Third Council District, with this difference, that the county of Houston is connected with the county of Mower for the election of Councillors, while each of these counties form a representative sub-division of the 8th Council District. \n\n\tThe Register of Deeds of Houston county, previous to the election, caused notices of the election to be posted in the several precincts of which the following is a copy: \n\t \n\tNotice is hereby given that on the first Monday the first day of June next, an election will be held in the Town of Caledonia, in the Caledonia precinct, Houston county, to elect five Delegates to the Constitutional Convention on frame a Constitution, which election will be opened at 9 o'clock in the morning, and continue open until 4 o'clock in the afternoon of the same day. \t \n\t(Signed)\t\t\t\t\t\t\tJAMES A. McCAN. "},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"Clerk of the Board of County Commissioners. "},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\n\tMay 19th, 1857 \n\t \n\tAs the counties of Houston and Mower sends one Councillor, and the county of Houston two, and the county of Mower one member to the House of Representatives, properly the counties of Houston and Mower together had the right to send two, the county of Houston four, and the county of Mower two members to the Constitutional Convention \n\n\tBy the notice above inserted it will be seen that the Register of Deeds directed an election in Houston county, for five Delegates, being four for the two Representatives to which the county was entitled, and one of the two Delegates to which the counties of Houston and Mower were entitled. in virtue of the Councillor allotted by law to these two counties, leaving one of the Delegates from the Council sub-division, and two from the Mower county Representative sub-division to be elected by the county of Mower. \n\n\tTherefore by the position assumed by the Register of Deeds of Houston county previous to the election, there was no distinction necessary between the members elected, because they were all to be elected from the same county, and therefore the persons having the highest number of votes in the county of Houston to the number of five, were undoubtedly entitled to certificates of election, and yet the same Register of Deeds who directed the election to be held without designating any distinction, having himself an arrangement with Mower county taken away all necessity for a distinction, refused to grant certificates to the five members having the highest number of votes, and gave a certificate to a person having three hundred and twenty nine votes, and refusing certificates to two persons having a greater number of votes. \n\n\tUpon these grounds Mr. O. W. STREETER claims a right to a seat in this Convention, he having received three hundred and seventy-eight votes, as shown by the returns of the election in Houston county, while Mr. Coe, the person who received the certificate, received but three hundred and twenty-nine votes in the county. Your committee being satisfied of the legality of the election of Mr. O. W. STREETER, would recommend that he be admitted to a seat in this Convention. \n\n\tYour committee also have unofficial evidence that Mr. THOMAS ARMSTRONG has received a majority of from forty to fifty votes for Delegate to this Convention from the county of Mower, but owing to the want of regularity in the evidence of that fact, your committee are not at present prepared to report upon the case, but will be prepared to do so as soon as official evidence can be obtained, which will be in a few days. \n\n\tYour committee having, therefore, unquestionable official evidence laid before them of the legal election of one-half of the members elect to the Constitutional Convention, and having also evidence which is not deemed official, of the election of another member, making in all a majority of all the members elected, would at the same time state that from the official returns from all the different Council Districts handed to your committee by the Secretary of the Territory, it is clear that the members having seats in this Convention represent a majority of 1635 of the popular vote of the Territory.\n\n\tAll of which is respectfully submitted.\n\nA. E. AMES,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"J. S. NORRIS,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"JOSEPH R. BROWN,"},{"attributes":{"align":"right"},"insert":"\n\n"},{"insert":"Committee.\""},{"attributes":{"align":"right"},"insert":"\n"},{"insert":" \n\tOn Motion of Mr. DAVIS the report of the Committee on Credentials was accepted. \n\n On motion of Mr. SETZER, the recommendation of the Committee on Credentials in regard to the admission of the members from Hennepin and Houston counties was concurred in. \n\n\tOn motion of Mr. BROWN, the Report of the Committee on Credentials, as a whole, was then adopted, and 15,000 copies ordered to be printed for the use of the members of the Convention. \n\n\tMr. FLANDRAU offered the following preamble and resolutions, and moved their adoption: \n\n\t\""},{"attributes":{"italic":true},"insert":"Whereas"},{"insert":", There is official evidence, through the report of the Committee on Credentials, that there is a majority of the legally elected members to the Constitutional Convention who claim, and are entitled to seats in this Convention. \n\n\t"},{"attributes":{"italic":true},"insert":"And whereas"},{"insert":", The members ascertained to be legally elected from the official documents before this Convention, represent more than sixteen hundred majority of the popular vote of the Territory, \n\n\t"},{"attributes":{"italic":true},"insert":"And whereas"},{"insert":", There is now a body of men who have taken possession of one of the halls of this Capitol, and call themselves the Constitutional Convention–without any legal authority or right, although some of those connected with that assemblage may be entitled to seats in this Convention, but who have not seen proper as yet to present their credentials or to attend the meetings of this body, since the regular adjournment of the Convention on Monday the thirteenth instant, therefore, \n\n\t"},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That the assemblage of persons now occupying the Representatives' Hall, of this Capitol, styling themselves the 'Constitutional Convention' is without the authority of law or of parliamentary usage, and revolutionary in its character, and therefore should not be recognized by the electors of this Territory, nor the officers of the general or Territorial Government. \n\n\t"},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", that a copy of the above preamble and resolutions, together with a copy of the report of the committee on credentials, be forwarded to the President of the United States, each of the heads of the departments of the general government, each of the members of the Senate and House of Representatives of the United States, and to the Governor, Secretary, Marshal, Librarian, Auditor and Treasurer of the Territory of Minnesota.\"\n\n\tOn motion of Mr. BAKER, the further consideration of the resolutions was postponed until tomorrow, in order to give Mr. GORMAN an opportunity to address the Convention before their adoption. \n\n\tMr. BAKER offered the following resolution, which was adopted: \n\n\t\""},{"attributes":{"italic":true},"insert":"Resolved"},{"insert":", That the use of this Chamber be given to Mr. C. W. COULDOCK, on Thursday evening, for a dramatic recitation, the same to be used under the supervision of the Sergeant-at-Arms of this Convention.\"\n\n\tOn Motion of Mr. GORMAN, the Convention adjourned until to-morrow at 10 o'clock, A. M.\n\nH. H. SIBLEY, President "},{"attributes":{"italic":true},"insert":"pro tem"},{"insert":". \t"},{"attributes":{"align":"right"},"insert":"\n"},{"insert":"\nAttest: \n\n R. F. HOUSEWORTH, Secretary "},{"attributes":{"italic":true},"insert":"pro tem"},{"insert":".\n\n"}]