The weekly pioneer and Democrat. [volume], March 04, 1858, Image 4

About The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
AMRXIrMKVTX 00*0CBK«D I*.
A n oft t« iworporßb' th* N iningwr and
HI. peter Railroad f’oinjisny, ax amtttidrxl
by the Henate, <w concurred in by tbe
llooae.
An net, authorteirig a Iretn of 8250,000,
having been aim-nded by th* Hcnatr and the
amendment non concurred in liy the How*,
a cvmniittt* of conference wan appointed,
and the report of the committee having
been unanimously in tavor of the Heoate
amendment. the House concurred therein,
and the bill wa* ao returned to the Bnvate,
Till XgiilxTHATlun l.aw.
Mr. OTIH, from the Judiciary < 'omniit
tce, submitted the following majority report:
To the Honorable the Hurtseof lUprr»«(itallve*
ot the Htato of Minnesota :
Tba Committee to whom wax referred Hoax*
Bill No. I'), “a bill requiring Ilia registry of all
legal voter* before election*," have bad the
xame under oossidersttoa, and a majority there
of anbmlt the following report :
The bill provides for the registration of the
voter* of each election precinct In the Utate. hy
the Judge* of election of the xevarat precinct* .
and Melton ti provide* that at all election*, no
vote aliall lie received by the Judge* of election
until the aalu* ol the pwisou otiering the xame
ahall have been found upon the registry Hat, ax
corrected at the laxt eeealon of the Judge* of
eloctloe, end by them checked a* directed In
Motion A. A majority of your Committee think
that Ml* part of serlimi 6, which la vital to th«
hill, and absolutely neceaaary to give it the ef
feet de»lrcd by the advocate* of a reglxtry law
la 111 confltat with the organle law of thl* Hi ate.
her lion I of Article 7 of the ( onslitution, pro
vide* " that every male perxon of the age of
twenty one yeaix or upward*, belonging to
either of the following classes, who ahall have
raaided In the I'ollcd htatea one year, aud in
thla Mlate for four month* neat proceeding any
election, ahell be entitled to vote at such elec
tlon, In the election dietilct of which he ahall at
the tune have been ten day* a rt-ahlent, for all
oflh era that now ate, or hereafter may tie elect
ive by the people."
it will bo wen from tin* Section that the con
atltulion la iinpvru/ie#. " Kvery male person
having the enumerated qualifications, "tknllhr
nlilhj to cofa."
There la no doubt, power In the la-gislature
to preacitb* the laaanei and form of rood or l
log election*, they mey drftoe the ilntle* of Ihe
Judge*, and prearrlhe the time and place of
holding elec Ilona; they may require thoee Judge*
to make ll*ta of voter* and to check olt there
from the nainrx of flio*e who vole, or do and
diacharge any other (lull*'* that they limy 111
their wisdom deem lit and pertinent to the of
fice of Judge of Mention, lint can they require
anything more of the conatltutlonally •pialilied
voter, tluin that he *hall tender In* vote at the
time and place ami m tie- manner required by
law, to iheJmlge* of Mention, whoae duty it
then hecomea to ili-pmilln the ballot box. Ami
It I tie voter, having tin ae i"li*titUtlons) qiixllti
cation*, deuisndx that In* vole be received at
aucb election, can it Ini rejected ■ It la the
opinion of a majorily of your Committee, that
it i annul. ll* I* elothed with Ihe ipialiltratloim
of a volar, and the Cunaljlutuni provide* that
aver* pereoii clothed Willi tln-xe ipialitb atliui*
ahall be entitled to vote.
How theu can the Judge* of Klhrtiott refuse
lux vote if tendered In tin- same manner, at Ihe
xame time, ami with all tlm formaline* w Hi
which other ipialtttrd voter*, whole vote* have
been received, havv trmlarcd Hour*, if he i*
"entitled to Vote," the Judge* of Klecllun euref
rrecier hi* vote, ami ally law, authorising them
to reject it, la * direct vloiallcti oi the letter ami
*pu It of that ptovlaioli ol the organic law id llua
Mate will) It M'curra to all peraona having Ihe
• numerated qualification*. the nghlaand pilvl
lege* of the elective Irauchtxo
It larlalmed on brlialt Ihe advocate* of thl*
law, that other State* have adopted Ib-gialry
laiw* of alvoitai purport. ll V* U«» that a lew
of the Slatra have iliiiic ao, lint it la the opuiiaii
of a majority of your l oimuittco, that lu all
three i a*c*, Ihe Uimstituthm* of those State*
have been hue libn al than our uwn in their pro-
Vision* relating In Ihe elective franeli!**, ur else
the power to p*e»»m ii law* lot* been expressly
delegated by lho*e (‘uostltiiilun* to the l.rgi*
latur*. No auth powci ha* tu-cii expressly ut-l
egated by our tionelitiitioii tx* Ihi* legislature,
but on the conUary.lhe a xarciae ol *tn h a pnw
«r would be iu a dueit coulilcl with tt* plain
letter, *plnt ami inti id
Hut our objection* to tin* lull are not based
Mfrfp upon it* cottlUvl Willi am organic law
Other ami strong re**.ms lie against it. If the
restriction* of a Iteglatiy l.*w could be rndurrd
lu any free goveiiiiuent based like our* upon
unlveraal autViage, It would be lu an old ami
thickly populated community, where the bruit*
uf'election district* are well drfiin-d, narrowly
clruUßiacrihed in extent, where the place* ol
election* and ul regtaliv are alike ea*y ol a.
aeaa to all, and where live cltlii n need not Ira
vel many Ulllva, perhap* entirely out of the
uauat cviutaa of In* buxmaaa, over * truckle**
wdderue**, or unfrequented by wav*, to inauie
the maertiuu ol In* name upon the ftegistry ll»t*
and protect lilni»elf against the i areletonees, or
pat hap* the wtlful uiuiMion ot parttaan judge*.
Whatever good rtlcela might come from such a
law 10 the older state*,u would call*lnly work
a hardship and lend effectually to disfranchise
many ritiaeua in the apataely populated conn
lie* of a new State like our owu.
The purity of the hallo! box ran lie *uffU lent
ly protected, by law* requiring vigilance ami
efficiency on ihe part of tbove who conduct
election*, and by imposing and enforcing pen
altisa commensurate to the offence, upon alt
those who abuas' th* sai led tiuat* coniiecUrd
with tha exercise ot the elective franchise
Y our Koinimttec, therelore, be lie t lug th* bill
undar consideration to be both unconaitutlnnal
and luexpeilient. reapectfnlly report the «ame
back to th* lion**, with the recommendation
that it be Itidehiuilely postponed.
All of which i* reel ectfuily aubniltted.
(i*o. f. Orta, r
K. I'iiiu t, . Major! yeft'om
r. J Kauue |
Mr UKAUi'K. tk' Minority ol the com
mitter. *iip[x.uUvl the folio wing fcj*>rt :
To lb* llmtorahl* the House of Heprwsentatlve*
of the State of Minnesota
Th# under signed regret the neccaady which
eniupel* them to dissent from the Majority lb
port, toil iu view ot 'he late fraud* perpetrated
in kilunesola, on the tilth of October last,
frauda wrll known to thousand*, aud have lev
come part cl oar history, they ate surprised
that any opposition •lmul.l he olfetrd by the
Representative* of ih* people to thepaa**ge of
a bill ao vital to the purity ot eU-ellotta arid the
► 'ability uf uur Itopal-lh an Institution*.
hscrtON I of titn'le 7 *4 the t uustitution
provide* that '-eveiy nia.e person of the age ,
uf 2| year* ur upward*, who shall Iran resided 1
in lire fulled State* oi e yiar, ami m llua Mate
for four month* next preceding any electioti,
•hail be entitled to vote at such e',r,t,,, n n, the
election dl*tr«-t of which he shall, al the tune,
have been, lor ten dav*. a reaident. tor all offi
rets I hat now are or MTeitMtftor may be • .eel
sj by th« people.'*
t oiiatllutloiis are generally eon*tiue t in nv
lllved eountr e* liberally, and In the above pro
venous of our l onatitiition there r* nothing
which the majority desire* ehanged, but we
eauuol are that any iuftact on of the fonatilu
lion can lesult from lie p*»-*gs of U»i* bid, a*
It seek* not to define or re*rrie» the right of
suffrage. but point* out the incite by which
fraud* m*i be prevented and t ghu protected
It neither Increase* nor diminish!» Hie right to
vote, or the 'piaidieatroti* of the votera. Non#
acquainted with the elementary principle* of
|gw eau or will deny the truth of lb'* propo»i
tron. while ad must admit the mo—ltyola
measure that will at once recommend itaelf *»
the greatest •In-Id to our highest privilege ax
eititena ot a tree country, tin object --n in
chief urged by th* majontv of the t ommlttee
to tliia hill. >• >t* uncoovlitatu naiitv. aud argue
that the f oßetitution specifically namei the re
quirements ami qualification* of volcra.
To this objection the minority reepectfutlv
answer that they have ennmersted the qualitb
caUotM aa written In the CoMtitutlon, aud yet,
rommon custom in relerenca to Clerk* and
many of the dutie* irnpoMd upon Judge* of
Mectinna, are not rm ntmtiad tn that Inatrumvnl.
Tht* argue*. In the eplnlon of tho minority, an
Implied power in the Cegialatnro to throw
around tho ballot box such safeguard* aa in
their wisdom may seem utceiwary to carry out
measure* of proto tlon and effect the greatest
goix] to the greatest uomber.
All admit that a Registry law would do much
to maintain the purity of the elective fraoehiae
upon wluch rest* all hope of the Republic, and
that the proper exerelae of this right is "Inaa
tlmahle to free men xml formidable to tyrant*
only.”
All exper ence baa shown that no good man,
who values his owu honor or that of the nation,
would so far degrade Imusclf aa to falsify the
lest of an election, as to caat hi* vot« illegally
or twice in the name election bir the name can
dldate, Thl* hill euly provide* against out
rage* which the unprincipled car, at present
commit with impunity, and without the fear of
punishment. The Constitution doe* not pro
vide any Inflfetlon of punishment upon the per
jurer. lines It naturally follow, In Hi* ordinary
course of reasoning, that a law made and tiling
a penalty upon that crime would be unconxti
tutlonal y Th* whole lermr of the majority's
deductions upon thl* point of unconstitutional
ity in net be deemed weak and without the *ha
dow of foundation.
Tho second and only point made iu the re
port of the majority, i« Ha inexpediency in a
aparaely settled country like Minnesota; that
however well it might work practically In older
settled rttalca, It would In the present Instance
impose an unnecessary hardship upon each
voter.
No person acquainted with the regulation* of
our election system could, under the operation*
of thla law, be precluded from Hie rigid of «nf
frage any more than under present existing
laim. iwiivHjiifti, iiofioMt in purpomy Mrnl
•frirera In motive, would bn earnest to place
himself upon the list at the proper time, know
mg It* effect would not a* lu tfme* past, be
neulralixvd by the vote uf unocrupuloua per
Jurcr*. If in one country morn than another a
registry la*r is a net-city, it certainly must be
iri a country thinly Inhabited. Thu people an
not an intimately acquainted, th" door for fraud
t* mure easily opened, and within the short
• pact! ul six month* w« have full the hitter ex
perlence ol false returns, false votes, and fsl*o
canvassing. Another feature of the majority's
report *tiihe* ti* a* exceedingly original In tliia
connection, that "the purity of the ballot box
can be sufficiently protected by laws reqnirtng
vigilance aud efficiency on the part of those w ho
conduct «*l#»rtlon*. M
Our statute books are already burdened with
penalties for any violation of duties, and im
poac* severe penalties upon fraudulent voting,
yet they are disregarded, and demagogues ok
lain power and office through pun baaed arid
tlb-giil vote*. It j* m> uncommon occurrence
that mi'll vole three and four times at one elec
tlon ail evil which, If not remedied, sooner or
later Will overthrow und destroy the highest
prerogative of an American cltir.cn, and even
tually subvert the institution* we cherish.
I hi* extraordinary objection cannot In any
Instance injure the lights or defeat the desire
ol the honest Voter, but it due* throw obstacle*
in the path of Hie pliant party tool, who turn
price lex* than •• thirty pieces of allver,” sell*
the greatest privilege of a freeman.
"He who will sell Hie freeman's right, will
not hesitate to seal Hie contract with perjury
lllOAt lout#"
flight three things to be 1 The past appeals
to the present, il* wi origs solemnly Invoke the
aid of Hua legislature to aid in the abatement
of injustice, lo do away with crime, aud to
base our institution* upon the will of the tna
jority.
I be whole tenor of this hill la lo preserve Ihe
free will of lire majority; Hie grand idea of
"popular sovereignty." 'lf U ur election laws
he not changed a repetition of Hit- fraud* of
last October will be repeated on the return of
each amireedtng election, attended with *cene*
ol violence, the roiiU-rnplatiorr of wluch to
every good eltlr.cn Is both painful and revolt
Bf.
the minority ave thought proper to draft
two additional sections to the bill in reference
to penalties, which are lran*milted to the
Mouse, aud respectfully **k it* Concurrence
therein.
Knwip M llkaiu k,
Minority member of Hutu, on Judiciary,
The lull iiiml rcjmrtx werv made the -|*'
citil order for next Friday.
TIIK RAlt.HOttl IXVRSTIUATIIIN
Mr HUT AN, (Tmirmun id the Commit
t<i‘ oo Itailroml Inviwtigation, re|sirtcxl ns
follows ;
Vmir t'otntuiUee that was appointed to in
vestigate th* affair* or certain l.ant I Irani Hail
road i'omnaulea, would beg leave to report
that they have met with the ('ommlttee of the
Senate, auiiin four different times, without be
mg able to agree to any mode ef operation
Your Committee ate led to believe that, in Hie
absence uf any law to compatt the attendance
of witne*sea, that It i* uaeleaa, therefore, for
Ho- ('ommlttee to spend sur more time In the
Investigation, and would ask to tin dlschatged
All of which la reapectfnlly submitted.
A. J. ItITAN,
The Committer.' was dtsclißrgtxJ.
axixmti hkahinu mu *g nu.i.*.
An act to kix-|> tht* Capitol building in
gorsl repair.
An act *)Viiring to mechanics a lien on
land* and building*.
An act to incorporutc tlw cityofWalm
-haw.
run A'lHl'Tl.n Hrl. COIJ.KtiK
Ihe lull for the establishment of a State
Agricultural College, having btvn taken up
in Coni mi I toe of tin- Whole, Mr Mi ri-iiv
iu tin-chair.
The first section having boon nail, Mr.
SiIKKT/ olk-rvxl a *uMitute, providing for
the estal'lislimcnt of the eollegr- in the vicin
ity of Owatonnu. Strvlo county.
Mr. CHOWAN opjMxtet) the uatetsliisnt
of Mr. Siikitx. The subject ol an Agri-1
cultural College had ocrunwrl his attention
in otitaining information from other Atutes
iu regard to the working* of aucli school*,
lie had fsvti askisl by Ilcnm-pin county men
to loCOtff the Cotk-ge in that county, but he
hnd always answered, mi. He did’ not pro
mss- to legiaiate for llmm piu county ai-<«c
in mall'f* that pertain lo the into
reals of the agrieiilturul ls>rtunis of the
State. He apjaxalerl to the mrtnU-rx to
tlm>w aside all local prvjudicx-* in this tuat
l«-r, ami look to the liiu-renlx of tla* whola
State. Thi* bill pn>|s«axl to establkdi a
itush-l tarm in connection with the schrsd,
wlwre It is c\[acted that c.xpcriitwlit* will
la nude in the aoettev of rigricultun .
l o pl*ix- the iv»llege m the uxtrvaa- Scmthem
porti'Mi of tlw* Stab- will fa- prejudicial to
Uw- North- rn portnni of tlw- State.
Mr. SIIKKI/. rvplnvl. arguing that. *F
thiwigh th*- auw twltnetit prnpucl to locate
tlie College in Sr'utfwrn Mmivw-ta. it wo*
in the centre of th*- Agricultural tvgiim of
th* State aud oi tla- tv litre of the |wipula
tion ami of tlw wealth td Mituaxoda. lie
iv-attxahvl that ilk? agricultural |w>rti<Ki of
Mima*, ta was-asitfi ol tlw Mmm-wota Hiy-
IE WEEK L V PIOcNEEii AND DEaMOCRAT.
er. lie bar] • poetic faith in the region
north of that ri?er, as being Bret-rate laud
fr<r ugriculUtral purposes, but when it tmme
lo the real matter ot fact, he did not believe
much in it. The proposed location wart
within five ruile* of tlw junction of the Ce
dar Valley ltailroad and tlie W inona paid,
and would be a prominent [mint.
Mr. HUT AN rlrfctidtvl the northern jxrr
tion of the State from the imputatioax of
the gr-nticaiari from Steele county. The
luruh* Lorth of the M inrsnota liiverwere as
rich aa those of any otlg.T portion of tlie
State.
Mr. HAI.COMUK claimed tlx: location
of the Agricultural College becauae all the
other ptiblir inxtitutions of the State wen
locaUxt north of ifw Miurnwota Kiver, He
xuid Hurt the southcrn portion ol the State
hurl never received its just dm* from the
State. He further argued in fuvor ot Mr
Hiikktz'x aiiKTidment, on account of climate.
Mr. tJKOV F.H arlvocattd tlm location of
the College a* provided ill the original bill.
Mr. HTKV KNS Imd not intendivl to nay
anything, but a duty to his constituents re
quired some remark*. Me [a.vs I county,
where it was pro|srss] to locate this college,
was in the .soothwestern portion of Us- State,
und w a-easy of access, near to the Min
ntoota river. F'>r IC'O mil- n north of
Mcfreod county, there is juat as good agri
cultural lands as in any fsrrtion of the State.
Haring traveled through all jsirtiotiH of tb<
the State, Ih: might Ire presumed to know
something about the agricultural capacities
of the State. The location of tlie ruili cad -
king put on each side of Mef>-nd county,
he thought tluit count? was entitled to romt:
favors at the I atari* of the legislature.
Mr. KKITH thought if wc were to tukc
the brisnl acres and tlie soil, or the extent of
th- Territory, the northern portion of the
Stub) was tin- richest in agricultural re
source*. He coodeinncd the cry of section
alism which wa* always ruined by the south
ern portion of tlie State. The location of
the College might, with very great proprie
ty uml justice, go farther nortu than
Mels-od county, but that county wusonc of
tlm lust in the State for agricultural purpo
se*, and In- thought the College ought to k-
I(H-utivl there.
Mr. M'<iU< >UTV off-rod asubstitute to
buy tho section embracing the town of Co
lumbus. He advocated the establishment of
the College there, k euitse it was the poor
est an«l most “jiarsely settled in the State;
and he thought tili n' was gn-at propriety in
locating the College in itiat jiortion of the
country where ex|»-rimcut is most eMCOtiul
to the improvement of the lands.
The substitute was afterwards withdrawn
Mr. I’KCK IIAM olfereil a substitute,
that three ('imimissiom rs he appoint'd by
the Oovernor, by und with the advice and
consent ot the Senate, to make the location
where they may think it will be most con
ducive to the public gotsl.
Messrs. SIIKKI/,. HALCOMBK, and
I’KCKHAM. advocat'd the adoption of
llio substitute.
The sulwtitute offend by Mr. !’» xiuu
was not agreed to.
Mr. SIIKKI’/,' amendment, locuting the
College near OwabHlna, wax lost.
Mr. HUTAN moved tliat the committee
rise, ami usk leave to sit again to-mor
row at 11 o'clock, which was ogmd to.
The Hott.se then adjourntd.
Sari HDtv, Feb. 27, ISSB.
SK.N A I K.
Senate met and was calltxl to order by
the President.
Prayer by the Chupluin.
On motion ol Mr. HATES, the Senate
went into Committee of the Whole for tk
consideration of the bill in relation to the
public printing. Ac., which had been re
pirtid by a select committee.
Mr. \V athox in the Chair.
Tlie committee rose and the bill wo* re
|Hirtivl back without amendment, und the re
euuitiM-iulali'iu that it imss , after which it
was ordered engnaised tor a third reading.
Mr. HUM, offetvvl a resolution changing
the hour of meeting to o’clock instead
of ten, a* fonm-r, which was adopted by
the Senate.
erXI'UI. OKORH.
The live million hill wax taken up. uiml its
discussion continued in Committee «»f the
Whole. Mr. Watson in the Chair.
Mr VAN KTI’EN movtd to till up the
blank in the clause s|*vifying the time at
which the proposed amendments, or the bill
itself, shall Is- submittid to the elector* of
the State, by inserting the sth day of April
Mr. SMITH moved to amend tlie motion
hy fixing the tiim* on tlw lf»th day of that
month. He k lievod tiuat the nth of April
was too Siam to have the measure proja-rly
brought liefore the javiple.
Mr. HUHSON was xui pruwd that any
Republican should move to ti\ a time for
the election before Minnesota had kvn ad
mitted as a State,
Mr. I.INHHKF.Y thought this uhxuiuiv!
eould k> aetivl upsi either uoder a Territo
rial or a State organixatkm ; it wae a pro
[Mwition to aiiH-n)l the fundamental law of
the State, and he thought it eould be .lone
before or after our admission.
Mr MUHPIIY depnv.Utk- i.k-a of
lugging Pemoeraoy or UepublieanLsm
into the ik'bate on a tuexisun- imiMirtant
to every mao. woman ami ilnid within the
tioundarie* "f this State. He had ticen
amuseil at tk- action of “'in memlier* on
tla- th»ir ill claiming tlw e»(* > al guardian
ship and parvtitag'' »f till- measure, lie
timl f.-ars that k>th Menrs. I jnddey and
Van F.ttvn would live to a tun.- when they
would k- willing to claim relationship t»>
tk- pending rnttwiire lie wi-hol to have
tk’ bill poowp if it ivuld k- so fremei] os to
pro U-ct both tlw State and lU,!ro«d Com
jxtnie* from lltimxle hire aud dtsap|a>iut
itv-nt; at all events, he k>p*v| that party
prejudux-s would not be app-aleil to while
th>* bill was under e-nstd* ratngi.
Mivvie VAN KITES aud MNttS
KI.Y )ii*)UuiK-<l any guanl atislilp over the
ni- asurv. but kith tell great tntorwit to it*
fate.
A ui- ti-ai waa#iarelr and i,M to lay tbe
bill ou tlw table.
The motion tn auiefsl by twerting tk’
l.'ith day of April wae then a. top ted oo •
division "I the .*»,date.
Mr. RIIJPATH movetl to strike out the
preamble of the bill.
Mr. VAN ETTKN exprere»sl doubts
wkllier the preambk- would properly be
come a portion of the Conatitutioo, or only
the actual amendment propnoed, (if ratified
and adopted by the people.) incorporabd a*
a clause hi the Constitution of the State.
Mr. LINDS LEY’ thought uothing except
the proponed amemiiuent itaelf can be sub
mitted to the people. The rent of the bill,
jireambie, ono concluding gections, were
merely legislative enactment*, providing
for a submission of the amendments to a
popular vote.
Mr. HOIMJES favored the motion to
strike out tbe preamble, Ac., because it wo*
not usual to attach the argument! in favor
of pareag" as a portion ot any measure.
A short debate ensued, an<] a vote k-ing
taken, the preamble was stricken from tbe
bill.
On motion of Mr. II ALL. an amendment
was adopted anthorixing the Governor to in
corporate the amendments into the consoli
dation.
Mr. 11A I.L offered tht: f< >lli iwing amend
ments:
i’roviileil further, That a* a consideration for
*al<l loan ot Htate credit, each of aaid compa
nies i#: required to complete aud put In opera
tion at I*a*i two hundred mil l -* of their respec
tive roads (if such road, when reaching it* ter
minus, shall be equal in extent to two hundred
mil*; if not, then the whole of such road as
shall not, when reaching its terminus, he equal
lu extent to two hundred mile*, shall lit turn
Dieted and put In operation.) by the first day of
January, A. L>. 1 *•>>.]. And in case of the fail
ure ot either of said companies to complete and
put in operation such leugtb of road as afore
said, all tlie road, laud* and franchises of such
company shall revert to the State, to be dis
posed of as the legislature ahall prescribe.
And an acceptance, hy <-!ther of such enmpa
uies, of an/ installment* of bonus provided
herein to be issued, shall be likewise deemed
an acceptance of the above r enditions.
He xtalcil, in connection, that although
he hod k-en heretofore looked upon os one
of the opponent* of the bill, as originally sub
mitted to the Senate, yet if it could be
framed so ax to secure the State front loss,
he would fuvor its passage, lie hadulways
deemed the loaning of credit to Companies
lor internal improvement.* a* a dangerous
expedient, and in nearly every instance re
sulted in loxtt to tlie State so loaning it*
credit.
Mr. VAN ETTKN was opposed to the
amendment becauae the Charter compelled
them to pertonn the Inborn mentioned m the
amendment.
Tlie amendment iva* then voted down—
aye* l.'l, lies* 11.
Mr. J’H KI.l’S move a reconniikration of
the vote by which the Semite refused to
udopt the amendment ol Mr. 11am., which
was lost by a tie vote.
Mr. SMITH oticred tho following ameiHl
ment :
Amend section 1, line 107, after the word
“credit," tiy inserting the following .
Provided further, That in consideration of
the loan of State credit herein provided, that
the company or companies which may accept
the bonds of the State In the manner herein
specified shall, a* a condition thereof, each
complete not less than fifty miles of its road on
or before the expiration of the year l*t!l, and
not less than one hundred mile* before the year
I*H4, and complete the entire lengHi of its road
before the year ISM; and any failure on the
part of any »tirh company to complete the
number of index of its road or roads within the
time herein prescribed, shall forfeit to the State
all the righta, title and interest of any kind
whatsoever in anil to any lands not pertaining
or applicable to the portion of the road l>y
them constructed, amt a fee simple to which
lias not accrued to either of said companies by
reason of such construction, which was granted
to the company or companies (thus fading to
comply with the provisions hereof,) by the act
of the Is-gisluture of the Territory of Minnesota
vesting said land in said coinpanlea respec
tively.
On motion of Mr SKINNER, tk- com
raittce rose with leave to sit again on Mon
day next, and the bill wa* onk-nxl printed
iv* amended, including the amendment pro
poned by Mr. Smith.
The Senate then adjourned until Monday
next ut 10 o'clock.
HOt'HH OK KKP ItKSKN TATIVKB.
Tlie House met at 10 o elock, aixl wus
called to order by tliu Speaker.
HKI-dHT lin *>IINt‘I.A*TKK*.
The report of the Select CommitUx l on
Shinplanter*. hnv ing kvn prvm-nted yester
day just at thi-ckwe of the -ereion, wa* token
up and read.
Tlie report goes into an argument, in favor
of nutricting tk- circulation of shinploster*.
anti for a rate of interred to lie e*tablii»hed
by tlie ls-gi*liiture. Tlie following amend
ment* were* rec'itiimcndol, to tire* Shinploster
I jaw of iH.Vfi :
That aectlou *, uf chapter 4. of the laws of
1*6)., entitled "A bill to suppress the issue snd
circulation of unauthorised bills as currency,"
be amended *>i*s to read a* follow*:
due. 4. Any person circulating, passing, or
attempting to circulate or pass.in lieu of money
or currency, any evidences of debt, issued iu
violation of section 1 of tlds ast, shall, on con
vh tion thereof before any court of competent
jurisdiction, within this Ktatc. he punished by
a fine not exceeding on* thou-aiid dollar*, nor
less than two hundred dnliars.for each offence,
or by imprisonment in the State Prieon not more
than one vc*r, or less than thirty day*. Pro
n.foi, That tin* aectiou -hall not apply to mn»
cent parlies, who are second p»rt:e* to the of
fence, but -lullonly apply to those parties who
originally violate the provision* of ihi* set. the
fine to be applied for the benefit of keeping the
rapitol building and gioun.i* in repair, uuder
the supervision <>f the Covernor
That section ti of the same act shall he amend
ed so ** to read a* follow*
>ui. ti. It shall be the duty of the lestrict
Attorney of the county where any vi.-lalian of
tins act shall have been committed, to immedl
ately make h » compia nt before any juetiee of
the peace In *aid county, charging the comnt:s
•ion ot Mich offence, from tn* lutortnation and
belief, aud thereupon *enl justice of the peace
*ha!l i»-ue h.s warrant for 'he accuse I, and np
on return of the same sha! 1 . proceed to hear, try
and determine whether ther- is a probable rea
•on to suppose ihat any <ocij :i or im» been
coatmitted, he *Uali hoi>) the a-cuse 1 to bail in
a »um nut less than one th- .-and dollars, toap
near and answer any indietmeat found therefor
b\ toe grand jury of th. ounty where *uck an
ofi) nee i» cogs'«ahle, and shall return the pa
per* ut the 1 one to tke . ret* ot the dratnet court
for the said county. In case any Ihstrvt At
torney «h*ll neglect or re"!«e to 'eompiy with
the provisions "# 'hi*a.-t,b* *hall be deemed
to have forfeited hie office, and qwe warranto
shad Msue againet him at any time upon the re
lation of any elector, by any court of compe
tent jurisdiction, and "upon natwfnctorr proof
•hereof, the «ai.l court *hab ealar an order va
cating his said offire. la • ae* of aay such va
caiK V. the judge-or j-veticee of the Wupreme
Court, or a majority of them. »ha 1 have the
power to fill Haul vacancy until !he neat regu
lar election.
'Hit' flume Committee, also reported the
following trill fi.r tin act fixing tlie rule«'(in
terest :
t'fj tion 1. That tlte parties to any hotel,
promuwory note, or other matruuient of writ
mg for the payiueut or forbearance ef money,
may stipulate therein, for interest, receivable
upon the amount of such bon<t, bill, note, or
other instrument, at any rate not exceeding fif
teen per centum yearly ; provided, that if no
rate of interest be therein specified, that seven
per centum shall be the yearly rate of legal in
terest, and no more.
Mac. 1. In ail actions for tha recovery of
money hereafter prosecuted in the Courts of
this Htata, ail payments of money or property
made by way of usurious interest, whether
made in advauce or not, shall be deemed and
taken, as to the excess of interest above the
rate allowed by law at the time of making the
contract, to be payments made on account of '
principal, and said Court or Courts shall render
judgment for no more than the balance found
due after deducting the amount of interest so
paid. No debtor shall be deemed a partutpt
rnmuut on account of having paid, or having
3 freed to pay such exorbitant interest, but
tall have like remedy and relief in either case;
provided that no houa fide endorsee of nego
tiable paper purchased before due, shall he af
fected by auy usury exacted by any former
holder, unless he shall have actual notice of the
usury previous to the purchase thereof. But
the amount of such excess incorporated into
negotiable paper may. in such cases, alter pay
meut he recovered back by actiou against the
party originally executing the usury, iu any
Court of competent jurisdiction.
Sac. 3. All law#- inconsistent with this act
are hereby repealed.
tvxc. 4. This act shall take etlect from and
after ita passage, but all acts done and rights
acquired previously to the taking ellect of this
act, shall be adjudicated according to the laws j
heretofore or now in force.
zirewto cor.vry.
The committee to whom was referred the
petition* for uud against the establishment
of this county (by Mr. Tattersai.l,) made a
report adverse to the establishment of said
county.
A minority report was presented by Mr.
f,iunity, asking the llmwe to fa*tpo’n-ac
tion on the matter for three weeks.
Mr. RUTAN moved the adoption of the
minority report.
Merer*. TA ITKHS ALLand BUKt iKSB
opposed tiie motion.
Messrs. SEELEY and I.IBBKY udvo
euted the motion.
Mr. TEFFT moved that both reports lie
laid on the table lor two weeks.
Mr. Tctkt’s motion was adopted by ayes
.11, nays 27.
Bit IA INTEODI'CED.
By Mr. TALBOT: Memorial to thu
President for the sale of Pint* lands,
ti nts c. WALKER.
This gentleman, a nieinlier Irom Henne
pin county, sent iu u communication asking
leave of absence for one month. He statist
thnt for the time he had previously been ab
sent he did not ask for bis ixr diem.
Mr. K KITH inquired of the (,’lerk wheth
er Mr. Walker had received hi* per diem
certificates.
The Clerk statisl that Mr. Walker had ]
received his i>ay for sixty-five days.
Mr. KKITH offered a resolution, vaca
ting the scat of Ltcns C. Walker.
Mr. KEITH stated he did not expect the
member* would be disposed to adopt this
resolution. The gentleman hud lieen absent
from (he Is'gislature all the time, except for
eight days. The gentleman hail stated that
lie did not desire |»ay lor the time he was
alisent. yet ut the same time, he hod receiv
ed from the Clerk his pay for sixty-five davs
of the session. The conduct of the gentle
man was a disgrace to himself and his con
stituents, and as a Representative Irom
Hennepin county, he did not wish it to be
considered that he justified thi conduct of
his colleague.
After sous' further discussion, the revolu
tion was withdrawn.
THE AURHTLTIRAL ( OI.LEoK.
This bill being the special order of the
(lay for 11 o'clock, was taken up at that
hour.
Mr. PIKRCKin the Chair.
Mr. BHKKTZ offered a substitute, ap
j pointing Messrs. Norris, North, and Chat
! field, a commission to locate the College.
: 'Hie substitute was discussed by Messrs.
Halcomb*, .Sheets, Chowkn, Steven*. and
j T. A. Thomi*sow.
The substitute was laid on tho tunic,
i Tlie bill was ordered mgro-sed fora third
reading, by aye* 33. nay* ‘J.
1 The House then adjourn*si until ten
1 o'clock on Monday.
Monday. March 1, 1858.
SENATE.
Senate mi t and was called to order by the
President.
Prayer by tin- Chaplain.
Mr. MORELAND pre*iited a fwtition
from citizen* of Iy Sueur county, in rela
tion to the county scat.
Mr. COWAN gave notice of his inten
tion to introduce a bill.
RIIA* ISTRODI'CED.
By Mr. COWAN : A bill amending
chap, i* of the session laws of 1855. Read
twice and ordered printed-
THIRD RKADIXi,
The following bill was real a third
time and pa-sd .
A bill providing for the letting of the
State printing, binding and advertising.
srxtiAi. order.
Tlie Iyan bill vva* Man taken up and con
sidered in Committe of the Whole, Mr
W a must in the Chair
The trill was considerably amended, and
the amendment propwed by Mr. Surra on
Saturday last was brought ts-fore the i-om
mit tee.
Mr. Ci>W AN -aid in order to m*vt the
view* of both part,e*. and in order to secure
the adoption e! a similar provision in the
bill, he won'.d move to amend the amend
ment by leaking it obligatory upon tb*'
company to cmpletr pmr-tutk* of thiir
mad. insli-ad id th*> entire length, before th*‘
year lfoti, a.- pruvtded foe in the origin*!
amend Bieot.
Mr. REINF.R could not tliat the
anwvslmet l would actum pi wh any g<«xj di
the Stale or individual*. an>t therefore lie
was - ppooed to its iDCoparatiot mto the bill.
Mr. SMITH staled the object <4 tls
amendment was to haw the land revert to
the State of Minnesota in-tead of the United
States.
Mr. BATES said be certainly could not
see ary reasonable objection to the amend
ment introduced by his colleague.
Mr. Cowan's amendment was then adopt
ed.
The amendment was so amended us to
read as follows, and then adopted :
Prteulnl further. That in consideration of the
loan of State credit herein provided, that the
company or companies which may accept the
bonds of the State in the manner herein speci
fied shall, as a condition thereof, each complete
not less than fifty mile* of it* road on or before
the expiration of the year ls6l,an<J not lese than
one hundred mites before the year 1*64, and
complete four fifth* of the entire length of it*
road before the year 1»68, and any railnre on
the part of anv such company to complete the
number of miles of it* road or roads in the man
ner and within the several time* herein pre
scribed, sh*ll forfeit to the State all the right*,
title and interest of any kind whatsoever in
and to any lands, together with the franchise*
connected with the same, not pertaining or ap
plicable to the portion of the road by them con
structed. and a fee simple to whicluhai not ac
crued to either of said companies by reason of
•uch enn-truetion. which was granted to the
company or companies, (thus failing to comply
with the provisions hereof.) by act of the Leg
islature of the Territory of Minnesota, vesting
said land in said companies respectively.
Od motion of Mr. CAVE, the Committee
ro>c, und the bill was rejiorted back with
amendments. anil the recommendation that
it lie engrossed for a third reading. The re
commendation und amendment* were con
curred in by the Senate, und the bill so or
dered.
The Senate then adjourned.
HOUSE OF REPHESENTATIVES.
The House met at 10 o'clock, and was
called to order by tho Speaker.
RKFORTS.
The Committee on Knuds und Bridge.- re
portid an Omnibus Bill, providing for tlie
location of various roods in the State.
HIU.S AND MEMORIALS.
-Mr. KAMEB introduced a memorial to
extend mail route No. 13591 .from Chatfield
to Big-Springs, via Farmers drove und
Preston, and that service ou the same be in
ereused to three times a week. Read second
time.
By Mr. CARPENTER : A bill to de
fine the boundary lines of Monroe county.
By Mr. RANDAL: To authorize Regis
ter of Deed* of Pine county, to copy Re
cord* Irom Ramsey county.
By Mr. CRUITENDEN : To establish
the county of Wadeua.
SECOND READIXO.
An uct incorporating the town of Browns
villlc.
An act amendatory of the Sbinplnster
I*tw.
An act establishing the rules of interest.
Memorial to the President for the sale of
pine lands. Referred to Committee on I’uli
lic land-.
Memorial to Congress for the relief ol cit
izens of Minnesota. Referred to Committee
on Federal Relations.
SENATE lItUA ON THIRD READIXO.
An act to legalize the assessment of taxes
in Nicollet county.
An act to locate a State rood from Sliak
opec to Faribault.
j\n net authorizing the Commissioners of
Steele county to build certain bridges.
An net for a State road Irom Rochester
to Cannon Falls via Fine Island.
An act for a State road from Clmtfield to ,
Winnebago.
An act amendatory to the act relating to
public roads.
An act to extend the time of completion
of the Rum river boom. *
These bills were all pinSHCvl.
THE OMNIBI'S ROAD HILL.
A resolution was adopted authorizing the
printing of 3(H) copies ot the Road bill, for
distribution to the several commissioners
named therein.
THIRD RKADI.XIi HOI 8E IHLIjI.
An act authorizing the Commissioner* of
Brown county to borrow money. lodcfi
nitely postponed.
An act to authorize the trustees of School
District, No. 2, to Isirrow mon-y for scho>4
purposes. Passed.
An act to ineorjiorate the town of ly
Sueur Citv. Poreed.
An act organizing the county of Toombs.
An act to establish the boundaries of cer
tain counties. Passed.
An aet U> define the duties of Clerk of the
District Court. Passed.
An act authorizing the Commissioner* of
Hennepin county to borrow money. Passed.
An act defining the boundarii* of Stearns
county. Passed
AFTERNOON SESSION.
The House met at 3 o'clock.
the rank mu. passed,
The bill to authorize tie- bu-irs-ss of 1 tank
ing, was read a tliinl time, and fin the final
passage the Vote stood a* lollow* :
Y*a*.—Messrs, Atkinson. Bearc*. ID", an*.
llr»j. l!urge»». Hitter*. Campbell, <ho wen,
Crosby. Crutternlen. Cummings, l'avern,
llecow, Front, tl*«kill. (ilbson, Crshani. »Jro
ver, Henson. Hmk>y, liejti, Keith, Kibler,
Kingsley. I.e IT.utub Leonard. Übby. Locke,
Lord, Lyle, M»*w-r«. M,lirnrtv.Muruby, O'Neill,
tltis. Parker, Beckham. Poeliler. Power*. Ban
gall. Ranch. KclifcM. P.uian, S.mpeon, sheet/.,
starkey, Me teas. Tatters* .. Talbot. M. Thump
son, T. V. Thompson. Tuttle, Yertreee. Way,
Willson a tel Yon eg —4.1.
Nav*.--Messrs. Balcombe, ( arp-nter. Chaae,
Law ea, I’verce and Mr. Speaker.—e-
There being two thir»ls of tiie members
voting m tlie affirmative, the bili was passed
rvl'.Rirtov l TIMM ITTEE
The joint rvreiution providing for tlie ap
|<ointment of a naußiltie to prepare a lum
phlet Dt d r,vt emigration. wa* taken up.
Mr. REHFKLD advocated the imme
diate pa-vuigi* of toe resolution He said he
laid do doubt the orrula'too ot Jo (kiii cop
es of a pamphlet on Minnesota, would tn
duc* s.o»Ht etnigranU dinxtt to Minmsota.
and pur th» • xpume more tlam four fold.—
He said he iKitnvvi the g .«! tTStu of the
distribution of p»mj>hl*-t.« by the Territory
of Wisconsin in ls4f,. 1r47, wxsl IMe. in
ti-rmauv. in bringing over, in th ee three
rears. 25.Ch>0 emigrants, who all fours I tbttr
ijeme* in tlmt State.
After «om« arr>r».imert* were made to the
bill, it was ordered agtomd tor a thiril
rending Ttie Ho.uk tiwn atljourunl.