Fifty Years In The Northwest

Council: David Olmsted, president; district No. 1, James S. Norris; No. 2, Samuel Burkelo; No. 3, William H. Forbes, James McC. Boal; No. 4, David B. Loomis; No. 5, John Rollins; No. 6, David Olmsted, William Sturgis; No. 7, Martin McLeod.

House: Joseph W. Furber, of Cottage Grove, speaker; district No. 1, Joseph W. Furber, James Wells; No. 2, M. S. Wilkinson, Sylvanus Trask, Mahlon Black; No. 3, Benj. W. Brunson, Henry Jackson, John J. Dewey, Parsons K. Johnson; No. 4, Henry N. Setzer; No. 5, William R. Marshall, William Dugas; No. 6, Jeremiah Russell, Allan Morrison, Lorenzo A. Babcock, Thomas A. Holmes; No. 7, Alexis Bailly, Gideon H. Pond.

The limits of this work preclude the insertion of a complete list of the entire State, and we give, therefore, the representation of the St. Croix valley.

SECOND TERRITORIAL LEGISLATURE, 1851

Council: James Norris, Samuel Burkelo, D. B. Loomis, president. House: John A. Ford, Michael E. Ames, speaker; Jesse Taylor, John D. Ludden.

THIRD TERRITORIAL LEGISLATURE, 1852

Council: Elam Greely, David B. Loomis. House: Jesse Taylor, Mahlon Black, Martin Leavitt, John D. Ludden.

FOURTH TERRITORIAL LEGISLATURE, 1853

Council: Elam Greely, David B. Loomis. House: N. Green Wilcox, Albert Stimson, Caleb Truax, John D. Ludden.

FIFTH TERRITORIAL LEGISLATURE, 1854

Council: Albert Stimson, John E. Mower. House: John Fisher, Wm. McKusick, Robert Watson, N. C. D. Taylor, speaker.

SIXTH TERRITORIAL LEGISLATURE, 1855

Council: Albert Stimson, John E. Mower. House: James B. Dixon, William Willim, James Norris, Samuel Register.

SEVENTH TERRITORIAL LEGISLATURE, 1856

Council: John D. Ludden, Henry N. Setzer. House: James S. Norris, Abraham Van Voorhes, N. C. Taylor, Henry A. Jackman.

EIGHTH TERRITORIAL LEGISLATURE, 1857

Council: John D. Ludden, Henry N. Setzer. House: Elam Greely, Mahlon Black, Joseph W. Furber, speaker; L. K. Stannard.

The legislature of 1852 passed a prohibition law and submitted it to the people of the Territory, who adopted it by a vote of 853 for to 622 against. This law was declared unconstitutional by Judge Hayner on the ground that it was unconstitutional to submit a law to the vote of the people. After rendering this decision he resigned his office.

At a second appointment in 1855 the counties of Washington, Chisago, Superior, Itasca, and Doty were included in the St. Croix district. A special session was held in May, 1857, to accept and make provision to use the magnificent railway land grant donated by Congress.

THE CONSTITUTIONAL CONVENTION OF 1857

In accordance with the enabling act of Congress, passed March 3, 1857, delegates were elected and met in convention at the capital on the second Monday of July, 1857.

REPRESENTATIVES FROM ST. CROIX VALLEY

Washington county: Wm. Holcombe, James S. Norris, Henry N. Setzer, Gould T. Curtis, Charles E. Leonard, Charles J. Butler, Newinton Gilbert, R. H. Sanderson.

Chisago county: P. A. Cedarstam, Charles F. Lowe, Lucas K. Stannard, W. H. C. Folsom.

The convention continued in session from July 13 to Aug. 29, 1857, and although divided into two wings, accomplished considerable work, such as preparing duplicate state constitutions and redistricting the State. The St. Croix valley was redistricted as follows:

First district, Washington county: Twenty-fifth district, Chisago, Pine and Isanti counties.

GOVERNORS OF THE STATE OF MINNESOTA

Henry H. Sibley, May 24, 1858, to Jan. 2, 1860; Alexander Ramsey, Jan. 2, 1860, to July 10, 1863; Henry A. Swift, July 10, 1863, to Jan. 11, 1864; Stephen Miller, Jan. 11, 1864, to Jan. 8, 1866; William R. Marshall, Jan. 8, 1866, to Jan. 9, 1870; Horace Austin, Jan. 9, 1870, to Jan. 7, 1874; Cushman K. Davis, Jan. 7, 1874, to Jan. 7, 1876; John S. Pillsbury, Jan. 7, 1876, to Jan. 10, 1882; Lucius F. Hubbard, Jan 10, 1882, to Jan. – , 1886; A. R. McGill, Jan. – , 1887, to – .

SUPREME COURT CHIEF JUSTICES

Lafayette Emmett, May 24, 1858, to Jan. 10, 1865; Thomas Wilson, Jan. 10, 1865, to July 14, 1869; James Gilfillan, July 14, 1869, to Jan. 7, 1870; Christopher G. Ripley, Jan. 7, 1870, to April 7, 1874; S. J. R. McMillan, April 7, 1874, to March 10, 1875; James Gilfillan, March, 10, 1875, to – .

ASSOCIATE JUSTICES

Charles E. Flandrau, May, 24, 1858, to July 5, 1864; Isaac Atwater, May 24, 1858, to July 6, 1864; S. J. R. McMillan, July 6, 1864, to April 7, 1874; Thomas Wilson, July 6, 1864, to Jan. 10, 1865; John M. Berry, Jan. 10, 1865, to – ; George B. Young, April 16, 1874, to Jan. 11, 1875; F. R. E. Cornell, Jan 11, 1875, to May 23, 1881; D. A. Dickenson, June 27, 1881, to – ; Greenleaf Clark, March 14, 1881, to Jan. 12, 1882; William Mitchell, March 14, 1881, to – ; C. E. Vanderburgh, Jan. 12, 1882, to – ; L. W. Collins, January, 1888, to – .

UNITED STATES SENATORS FROM MINNESOTA

James Shields, May 11, 1858, to March 4, 1860; Henry M. Rice, May 11, 1858, to March 4, 1863; Morton S. Wilkinson, March 4, 1860, to March 4, 1867; Alexander Ramsey, March 4, 1863, to March 4, 1875; Daniel S. Norton, March 4, 1867, died July 14, 1870; O. P. Stearns, January – , 1871, to March 4, 1871; William Windom, March 4, 1871, to March 12, 1881; S. J. R. McMillan, Dec. 6, 1875, to March 4, 1886; A. J. Edgerton, March 12, 1881, to Oct. 26, 1881; William Windom, Oct, 26, 1881, to March 4, 1883; Dwight M. Sabin, March 4, 1883, to March 4, 1889; C. K. Davis, March 4, 1887, to – .

REPRESENTATIVES IN CONGRESS

W. W. Phelps, May 11, 1858, to March 4, 1859; J. M. Cavenaugh, May 11, 1858, to March 4, 1858; William Windom, Dec. 5, 1859, to March 4, 1869; Cyrus Aldrich, Dec. 5, 1859, to March 4, 1863; Ignatius Donnelly, Dec. 7, 1863, to March 4, 1869; M. S. Wilkinson, March 4, 1869, to March 4, 1871; E. M. Wilson, March 4, 1869, to March 4, 1871; John T. Averill, March 4, 1871, to March 4, 1875; M. H. Dunnell, March 4, 1871, to March 4, 1883; H. B. Strait, Dec. 1, 1873, to March 4, 1879; William S. King, Dec. 6, 1875, to March 4, 1877; J. H. Stewart, Dec. 3, 1877, to March 4, 1879; Henry Poehler, March 4, 1879, to March 4, 1881; H. B. Strait, March 4, 1881, to March 4, 1885; W. D. Washburn, March 4, 1879, to March 4, 1885; Milo White, March 4, 1883, to March 4, 1887; J. B. Wakefield, March 4, 1883, to March 4, 1887; Knute Nelson, March 4, 1883, to March 4, 1889; J. B. Gilfillan, March 4 1885, to March 4, 1887: Thomas Wilson, March 4, 1887, John Lind, March 4, 1887; John S. McDonald, March 4, 1887; Edmund Rice, March 4, 1887.

FIRST STATE LEGISLATURE, 1857-8

Richard G. Murphy, president; William Holcombe, lieutenant governor.

Senate: First District – Joel K. Reiner. Twenty-fifth District – W. H. C. Folsom. House: First District – J. R. M. Gaskill, George W. Campbell, Robert Simpson. Twenty-fifth District – John G. Randall.

SECOND STATE LEGISLATURE, 1859-60

Senate: First District – Wm. McKusick, Socrates Nelson. Twenty-fifth District – Lucas K. Stannard. House: First District – E. D. Watson, Abraham Van Voorhes, Orange Walker. Twenty-fifth District – Patrick Fox.

THIRD STATE LEGISLATURE, 1861

Senate: Second District – Joel K. Reiner. House: Second District – H. L. Thomas, E. D. Whiting, Emil Munch.

FOURTH LEGISLATURE, 1862

Senate: Second District – Joel K. Reiner. House: Second District – Wm. H. Burt, H. L. Thomas, E. D. Whitney.

FIFTH STATE LEGISLATURE, 1863

Senate: Second District – John McKusick. House: Second District – Samuel Furber, J. B. R. Mitchell, Ansel Smith.

SIXTH STATE LEGISLATURE, 1864

Senate: Second District – John McKusick. House: Second District – Jere M. Soule, R. R. Henry, Ansel Smith.

SEVENTH STATE LEGISLATURE, 1865

Senate: Second District – John McKusick. House: Second District – L. A. Huntoon, Ansel Smith, Lars J. Stark.

EIGHTH STATE LEGISLATURE, 1866

Senate: Second District – John McKusick. House: Second District – J. B. R. Mitchell, Robert Watson, Smith Ellison.

NINTH STATE LEGISLATURE, 1867

Senate: Second District – W. H. C. Folsom. House: Second District – Henry Jackman, Ebenezer Ayres.

TENTH STATE LEGISLATURE, 1868

Senate: Second District – W. H. C. Folsom. House: Second District – J. W. Furber, William Lowell.

ELEVENTH STATE LEGISLATURE, 1869

Senate: Second District – James N. Castle. House: Second District – Joseph Haskell, W. H. C. Folsom.

TWELFTH STATE LEGISLATURE, 1870

Senate: Second District – James N. Castle. House: Second District – James S. Norris, William Lowell.

THIRTEENTH STATE LEGISLATURE, 1871

Senate: Second District – Dwight M. Sabin. House: Second District – Joseph Haskell, Lucas K. Stannard.

FOURTEENTH STATE LEGISLATURE, 1872

Senate: Twenty-second District – Dwight M. Sabin. Twenty-eighth District – Jonas Lindall. House: Twenty-second District – Ebenezer Ayers, J. R. M. Gaskill, H. R. Murdock. Twenty-eighth District – Adolph Munch.

FIFTEENTH STATE LEGISLATURE, 1873

Senate: Twenty-second District – Dwight M. Sabin. Twenty-eighth District – Jonas Lindall. House: Twenty-second District – E. W. Durant, J. R. M. Gaskill, James Huganin. Twenty-eighth District – Joel G. Ryder.

SIXTEENTH STATE LEGISLATURE, 1874

Senate: Twenty-second District – Wm. McKusick. Twenty-eighth District – L. K. Burrows. House: Twenty-second District – D. B. Loomis, Chas. Eckdahl, J. A. McCloskey. Twenty-eighth District – Frank H. Pratt.

SEVENTEENTH STATE LEGISLATURE, 1875

Senate: Twenty-second District – Wm. McKusick. Twenty-eighth district – W. H. C. Folsom. House: Twenty-second district – J. W. Furber, E. W. Durant, J. E. Mower. Twenty-eighth district – Lars J. Stark.

EIGHTEENTH STATE LEGISLATURE, 1876

Senate: Twenty-second District – Ed. S. Brown. Twenty-eighth District – W. H. C. Folsom. House: Twenty-second District – A. Fredericks, J. S. Middleton, O. W. Erickson. Twenty-eighth District – W. A. Brawley.

NINETEENTH STATE LEGISLATURE, 1877

Senate: Twenty-second District – Ed. S. Brown. Twenty-eighth District – W. H. C. Folsom. House: Twenty-second District – A. Fredericks, A. Huntoon, O. W. Erickson.

TWENTIETH STATE LEGISLATURE, 1878

Senate: Twenty-second District – Roscoe F. Hersey. Twenty-eighth District – John Shaleen. House: Twenty-second District – Dwight M. Sabin, Wm. Fowler, Charles Peterson. Twenty-eighth District – F. S. Christensen.

TWENTY-FIRST STATE LEGISLATURE, 1879

Senate: Twenty-second District – James N. Castle. Twenty-eighth District – John Shaleen. House: Twenty-second District – A. M. Dodd, Chas. Peterson, Andrew Peterson. Twenty-eighth District – John Dean.

TWENTY-SECOND STATE LEGISLATURE, 1881

Senate: Twenty-second District – J. N. Castle. Twenty-eighth District – John Shaleen. House: Twenty-second District – Dwight M. Sabin, Andrew Peterson, Wm. Schmidt. Twenty-eighth District – John Dean.

TWENTY-THIRD STATE LEGISLATURE, 1883

Senate: Twenty-fourth District – J. N. Castle. Thirty-eighth District – John Shaleen. House: Twenty-fourth District – Dwight M. Sabin, C. P. Gregory, A. Stegman. Thirty-eighth District – Levi H. McKusick.

TWENTY-FOURTH STATE LEGISLATURE, 1885

Senate: Twenty-fourth District – J. N. Castle. Thirty-eighth District – John Shaleen. House: Twenty-fourth District – E. W. Durant, W. H. Pratt, Arthur Stephen. Thirty-eighth District – Levi H. McKusick.

TWENTY-FIFTH STATE LEGISLATURE, 1887

Senate: Twenty-fourth District – E. W. Durant. Thirty-eighth District – Otto Wallmark. House: Twenty-fourth District – F. Dornfield, R. M. Anderson, C. P. Gregory. Thirty-eighth District – Henry Smith.

The first legislature continued in session one hundred and forty-eight days. Its most important measure was the passage of the $5,000,000 loan bill. At the twentieth session a law was passed changing the sessions of the legislature from annual to biennial.

THE CONSTITUTIONAL CONVENTION OF 1857

As a delegate to the constitutional convention of 1857, and a member of what was styled the Republican wing, the writer considers it not amiss to insert a chapter concerning that somewhat famous and farcical affair.

The Congress of 1856-57 passed an enabling act for the formation of a state government in Minnesota, providing that a constitutional convention of delegates, chosen by the people, should assemble at midday, July 13, 1857, at the hall of the house of representatives at the state capitol, and adopt a constitution, subject to the ratification of the people.

The territorial governor, Samuel Medary, ordered an election to be held on the first Monday in June, 1857, for delegates, the number to consist of one hundred and eight. The State was nearly equally divided between the Republicans and Democrats; still the question of politics did not enter largely into the contest, except as a question of party supremacy. The people were a unit on the question of organizing a state government under the enabling act, and in many cases there was but a single ticket in the field. It was a matter, therefore, of some surprise that there should be a separation among the delegates into opposing factions, resulting practically in the formation of two conventions, each claiming to represent the people, and each proposing a constitution. The delegates, although but 108 were called, were numbered on the rolls of the two wings as 59 Republican and 53 Democratic, a discrepancy arising from some irregularity of enrollment, by which certain memberships were counted twice. The Republican members, claiming a bare majority, took possession of the hall of the house at midnight, twelve hours before the legal time for opening the convention, the object being to obtain control of the offices and committees of the convention, a manifest advantage in the matter of deciding upon contested seats.

In obedience to the call of the leaders of the party, issued the day before, the writer with other Republicans repaired to the house at the appointed hour, produced his credentials as a delegate, and was conducted into the illuminated hall by Hon. John W. North. The delegates were dispersed variously about the hall, some chatting together, others reading newspapers, smoking, or snoring, as here and there one had fallen asleep in his seat. Occasionally a delegate nervously examined his revolver as if he anticipated some necessity for its use.

The Democratic delegates were elsewhere probably plotting in secret conclave to capture the hall, and perhaps it might be well enough to be prepared for the worst. Thus the remainder of the night passed and the forenoon of July 13th. As soon as the clock struck twelve, the Democratic delegates rushed tumultuously in, as if with the purpose of capturing the speaker's stand. That, however, was already occupied by the Republican delegates, and the storming party was obliged to content itself with the lower steps of the stand. Both parties at the moment the clock ceased striking were yelling "order" vociferously, and nominating their officers, pro tem. Both parties effected a temporary organization, although in the uproar and confusion it was difficult to know what was done.

The Democratic wing adjourned at once to the senate chamber, and there effected a permanent organization. The Republicans being left in the undisturbed possession of the hall, perfected their organization, and the two factions set themselves diligently to work to frame a constitution, each claiming to be the legally constituted convention, and expecting recognition as such by the people of the State and by Congress. The debates in each were acrimonious. A few of the more moderate delegates in each recognized the absurdity and illegality of their position, and questioned the propriety of remaining and participating in proceedings which they could not sanction.

The conventions continued their sessions inharmoniously enough. Each framed a constitution, at the completion of which a joint committee was appointed to revise and harmonize the two constitutions, but the members of the committees were as belligerent as the conventions they represented. Members grew angry, abusing each other with words and even blows, blood being drawn in an argument with bludgeons between Hon. Willis A. Gorman, Democratic, and Hon. Thomas Wilson, Republican. An agreement seemed impossible, when some one whose name has not found its way into history, made the happy suggestion that alternate articles of each constitution be adopted. When this was done, and the joint production of the two conventions was in presentable shape, another and almost fatal difficulty arose, as to which wing should be accorded the honor of signing officially this remarkable document. One body or the other must acknowledge the paternity of the hybrid. Ingenuity amounting to genius (it is a pity that the possessor should be unknown) found a new expedient, namely, to write out two constitutions in full, exact duplicates except as to signatures, the one to be signed by Democratic officers and members, and the other by Republicans These two constitutions were filed in the archives of the State and one of them, which one will probably never be known, was adopted by the people Oct. 13, 1857.

The question arises in the writer's mind as to the legality of the constitution of Minnesota. Have we a constitution? If so, which one? The question of legality, however, has never been raised before the proper tribunals, and it is perhaps well to leave it thus unquestioned.

FIRST MINNESOTA STATE LEGISLATURE, HELD 1857-8

Under a provision of the constitution adopted Oct. 13, 1857, the legislature was elected and convened December 2d of that year, although the State had not then been admitted to the Union, and Gen. Sam Medary was still recognized as governor, though not at the time in the Territory, and acting through his private secretary. The whole state, judicial and legislative ticket had been elected in October, but none of the state officers could qualify prior to the formal admission of the State. The legality of their proceedings was called in question. The Republicans entered a protest against legislation until after the admission of the State, but the Democratic party was in the majority, and territorial Democratic officers governed the legislature, and the protest was unheeded. Notwithstanding the doubtful validity of acts passed by this body, some bold and extravagant measures were proposed and passed, among them the famous $5,000,000 loan bill, authorizing the issue of bonds to that amount, ostensibly to aid in the construction of railroads in Minnesota, and to be used as a basis for banking. This bill was passed near the close of the session, which lasted ninety days, and was an amendment to the constitution to be voted on April 15, 1858.9 The result proved even worse than had been predicted by the most ardent opposers of the bill, and although adopted by an overwhelming majority, speedily fulfilled the predictions of its opponents. The State was flooded with worthless bank issues, based upon these worthless bonds. Financial distress and panic ensued. A reaction followed, and in November, 1860, the amendment to the constitution was expunged. Of these bonds, $2,275,000 had already been issued, when the section granting their issue was repealed. These the State subsequently redeemed.

This bill, though afterward adopted as an amendment to the constitution by an overwhelming majority, was opposed most vigorously in both houses of the legislature, and characterized at the time as mischievous and infamous. Though not present at the time of its passage, on account of sickness, the author fully committed himself as an opponent of the bill, and placed himself on record in an address to his constituents dated March 19th, at the senate chamber, which address was circulated extensively at the time. The views and predictions therein expressed as to the disastrous character of the bill have been amply justified and verified by subsequent events.

Hon. Chas. F. Lowe, when a member of the Republican wing of the constitutional convention, had designed and prepared a seal to be used by the incoming state government. It was adopted by that wing of the convention, and Mr. Lowe hoped to have it formally adopted by the first state legislature. At the request of Mr. Lowe, it was presented by the writer, then a member of the senate, and was adopted by the senate and house with many encomiums upon its beauty and appropriateness. The design was indeed a beautiful one, and the workmanship of the seal, by Buechner, of St. Paul, was admirable. The design of the seal was as follows:

A waterfall (supposed to be that of Minnehaha) within a shield; this part of the device was intended to symbolize the idea of water for the amount and varied forms of which Minnesota is distinguished above any other part of our country. In addition was represented the figure of an Indian pointing toward the setting sun, as his course of destiny runs, with his tomahawk, bow and arrows; at his feet opposite the Indian was the figure of a white man, with a sheaf of wheat and the implements of agriculture at his feet, representing to the Indian that he must partake of the habits of civilized life or depart toward the setting sun. In one corner of the field appeared a distant view of Lake Superior, with a ship in sail. In another was a view of a river, indicating the Minnesota river, running from the westward, with a steamboat ascending its stream. In rear of the shield and waterfall were three trees, which are typical of the three timbered regions, the oak on the left typifying the south and southwest portion of the State, the pine in the centre typifying the great pine regions of Lake Superior, Upper Mississippi and St. Croix, and the maple on the right typifying the north and northwestern portion of the State. For a motto to accompany the words state of Minnesota, A. D. 1858, which were placed upon the upper rim of the seal, the words placed upon the lower rim of the seal were, "Liberty and Union, Now and Forever One and Inseparable." The act of the legislature went to the governor, who returned it to the senate approved and signed, July 14, 1858.

Some length of time elapsed before the appearance of the great seal as appended to official documents, and when it did appear it was very different from the one adopted, and the credit of the design was given to Rev. E. D. Neill by the newspapers commenting upon it. However beautiful and appropriate the design of the present great seal of the state of Minnesota, there seems to be no evidence that it was ever legally adopted, and the question may well be raised as to its validity. It lies, however, in the eternal fitness of things that a state without a legal constitution should also be without a seal.

At the joint convention of Dec. 19, 1857, Hon. Henry M. Rice and Gen. James Shields, of Mexican War fame, were elected senators. The Republicans supported David Cooper and Henry D. Huff. During this session the presiding officer of the senate was Richard G. Murphy, a somewhat eccentric character. His decisions were often diverting. When perplexing questions arose he would say gravely, "The chair can not decide more than two questions at oncet." After passing many really important measures, the legislature adjourned March 25, to meet June 2, 1858.

ADJOURNED SESSION

The legislature met, pursuant to adjournment, June 2d, the State having been admitted in the interim. Lieut. Gov. Holcombe presided over the senate and proved an acceptable and able presiding officer. The five million amendment having been approved by the people, this legislature passed a banking law, establishing banks in various parts of the State with the five million bonds as a basis.