Fifty Years In The Northwest

It can do no good at this late day to raise a question as to the validity of the acts of the first state legislature, but it is due to ourselves and others who with us at the time protested against the validity of acts passed at this session, to give a few extracts from senate and house journals tending to show that a feeling of distrust was quite general. The ground of this opinion was the fact that the legislature elected as a state legislature held its first session prior to the admission of the State, and under the administration of the territorial governor, Medary, through his secretary, acting in his place. The question was openly discussed, not only in the legislature but in the public press of the State.

As early as Dec. 8, 1887, the following protest was presented in the senate:

Senate Chamber, St. Paul

We, the undersigned senators of the state of Minnesota, do hereby enter and record this, our solemn PROTEST, against the recognition by this body, in any manner, directly or indirectly, of Samuel Medary, Esquire, governor of the territory of Minnesota, as the governor of the state of Minnesota, or as being invested with any of the rights, authority, privileges, powers or functions of governor of said state of Minnesota.

And we do solemnly protest against the recognition by this body, in any manner, of the claims of the said Samuel Medary, to exercise any of the rights, authority, privileges, powers or functions of the governor of the state of Minnesota – such claim being wholly unauthorized and unwarranted by the constitution of the state of Minnesota; and in violation of the expressed will of the people of the state of Minnesota, and an attempted usurpation of office, at war with the fundamental principles of free government, and dangerous to the liberties of the people.

D. G. Norton,

Lewis McKune,

Geo. Watson,

Edwin M. Somers,

Boyd Phelps,

J. K. Reiner,

H. L. Thomas,

James Ridpath,

Michael Cook,

Charles H. Lindsley,

E. N. Bates,

E. Hodges,

A. G. Hudson,

Jonathan Chase,

W. H. C. Folsom,

S. S. Beman,

Delano T. Smith.

On December 8th Mr. Norton offered the following resolution to the senate:

"Whereas, By the provisions of the constitution the executive officers of the State can not qualify until after the admission of the State by Congress, and

"Whereas, There is no governor of the state of Minnesota to whom acts may be submitted, as required by the constitution; therefore,

"Resolved, That this legislature can pass no acts which could become a law until after the admission of the State by Congress, and the qualification of the governor elected by the people."

The resolution was adopted and referred to the following committee: Van Etten, Streeter, Jones, Norton, and Folsom.

The majority of the select committee reported December 21st, claiming that by the enabling act the people of the Territory were empowered to form a state government, which they did, electing their delegates on the second Monday in July, 1857, to form a state constitution, and take necessary steps for establishment of a state government; that these delegates met at the time and place appointed, and on the twenty-ninth of August adopted a constitution which was submitted to the people and adopted by a majority of over 28,000 votes. That on the thirteenth of October, in conformity with an article (section 16, article 16) of the constitution then adopted, the people had elected representatives to Congress, governor and lieutenant governor, judges and members of both houses of the legislature, the latter to meet on the first Wednesday in December at St. Paul.

The majority admitted that the governor elected under the act could not qualify until after the admission of the State, but claimed that the members of the legislature did not rest under the same disability, but were competent to legislate because they derived their power from the constitution itself, and had been directed to meet for that purpose on the first Monday in December, and that because they were thus required to meet they were authorized to act. The people were omnipotent in the premises. They had declared that the governor should not qualify until after the admission of the State, and that the members of the legislature should meet. It was absurd to suppose this body should be called together and have no power to act. They held, moreover, that the territorial governor was empowered to act until his successor could legally qualify; that the framers of the constitution of Minnesota and the people had declared that he should be continued in office until superseded by a state officer, and that the very time had been specified when he should be thus superseded, namely, on the admission of the State into the Union, and therefore that Samuel Medary was, de facto and de jure, governor of Minnesota; that Minnesota was then a state out of the Union, and that the acts of the first legislature would be legalized when the State was admitted.

The minority report, signed by D. S. Norton and W. H. C. Folsom, claimed that the constitution contemplated an admission into the Union as a prerequisite to the exercise of state sovereignty, in article 5, section 7, where it is enacted that "the term of each of the executive officers named in this article shall commence upon taking the oath of office, after the State shall be admitted by Congress into the Union, etc."

Section 9, same article, provides that "Laws shall be passed at the first session of the legislature after the State is admitted into the Union to carry out the provisions of this article.

"Section 1, article 16, schedule, provides that all process which may be issued under the authority of the territory of Minnesota previous to its admission into the Union of the United States, shall be as valid as if issued in the name of the State."

Section 8, same article, provides that if the constitution shall be adopted by a vote of the people, the governor of the Territory shall forward a certified copy of the same to the president of the United States, "to be by him laid before the Congress of the United States."

The minority claimed that under the first of the above cited sections there can be no qualified governor (elected under, and according to the provisions of the constitution) to whom "bills" must be submitted before they can become laws, until after "admission" – nor indeed can there be any executive officers, contemplated to perform the duties of their several offices, until that time.

In reference to the provisions of section 18, article 16, schedule, as inconsistent with that view, it was claimed that the territorial government should continue, and that its officers should exercise the sovereign powers delegated to them by the Union, until, upon an admission by Congress, and a surrender of sovereignty to the State, its authority should commence.

It was claimed that this section (6) of article 16, requiring the legislature to convene on the first Wednesday of December, 1857, was an oversight or error. After considerable debate the majority report was adopted by a party vote. A similar protest, signed by all the Republican members of the house, was presented to that body. In addition to these protests there was in both branches of the legislature continuous and various protests by the minority against the exercise of legislative functions.

In the house, on Jan. 25, 1858, Mr. Sheetz offered a resolution with reference to the causes of the delay in the admission of Minnesota, asking that a committee of three be appointed with instructions to investigate the circumstances of this delay and report to this house upon these points:

First– As to whose duty it was to forward to the president for submission to Congress a copy of the constitution.

Second– Why an incorrect or incomplete copy of said constitution was forwarded to the president.

Third– What official correspondence, if any, has passed between the governor and the acting governor in regard to this matter.

On motion the resolution was adopted.

Mr. Sheetz, from the committee appointed to communicate with the acting governor relative to the admission of the state of Minnesota, submitted the following report:

To the Honorable House of Representatives:

Your committee appointed to inquire into the causes of the probable delay in the admission of Minnesota into the Union, ask leave to make the following report:

Your committee find that according to section 8 of the schedule to the constitution, it is made the duty of the governor of the Territory, upon the adoption of the constitution by the people, to forward a certified copy of the constitution to the president of the United States, to be by him submitted to Congress.

Your committee have conferred with his excellency, Acting Gov. Chase, and have ascertained from him that at or about the time of the adjournment of the constitutional conventions, there were deposited with him, as acting governor in the absence of Gov. Medary, two copies of the constitution as adopted by the two branches of the constitutional convention, one copy signed by fifty-one members of the Democratic branch of the convention, and the other signed by fifty-three members of the Republican branch of the convention, that the two copies were preserved by him in the same safe, side by side where they now are.

Your committee are further informed that a short time prior to the departure of our senators and representatives elect for Washington, the governor caused to be made a transcript of the constitution as requested by the schedule and that instrument, which transcript was forwarded to the president of the United States.

No record is known to your committee to exist of the time and manner of making such transcript, and your committee, in the absence of the governor and his private secretary, can not ascertain whether said transcript contained the names of the members of the two branches of the constitutional convention or not.

Your committee are also informed by Acting Gov. Chase that there has been no official correspondence between the governor and himself upon this subject since the departure of the former for Washington.

All of which is respectfully submitted and signed.

H. W. Sheetz,G. L. Otis,J. J. Cruttenden,Committee.

LAND GRANTS, RAILROAD SURVEYS AND CONSTRUCTION

In May, 1857, Congress gave to Minnesota, then a territory, a magnificent grant of about 9,000,000 acres of land, to aid in the construction of several projected trunk roads through her bounds. The roads specified were: From Stillwater, by way of St. Paul and St. Anthony Falls, to a point between the foot of Big Stone lake and the mouth of the Sioux Wood river, with a branch via St. Cloud and Crow Wing to the navigable waters of the Red River of the North; from St. Paul and St. Anthony via Minneapolis to a convenient point of junction west of the Mississippi to the southern boundary of the Territory in the direction of the mouth of the Big Sioux river, with a branch via Faribault to the north line of the state of Iowa, west of range 16; from Winona to a point on the Big Sioux river south of the forty-fifth parallel of north latitude; also from La Crescent via Target lake, up the valley of Root river, to a point of junction with the last mentioned road, east of range 17, every alternate section of land designated by odd numbers, for six sections in width on each side of said road and branches. It was enacted that the lands granted were to be subject to the disposal of the legislature.

An extra session of the legislature was convened in June, 1857, to accept the grant and devise means to build the road.

The financial crisis of 1857 and unwise legislation in 1858, notably the attempt to issue $5,000,000 in bonds to aid in building the roads, served to delay the various enterprises projected, and for many years but little work was done, notwithstanding persistent effort at every state legislature to effect favorable changes in the condition of affairs.

A few of the $5,000,000 bonds were issued, but the general dissatisfaction, and feeling that they were not issued on a legal or rational basis, depreciated their value, and they were sold at a sacrifice and afterward redeemed by the State.

THE NORTHERN PACIFIC RAILROAD

The idea of a railroad from the Atlantic to the Pacific was openly discussed as early as 1837, in which year Dr. Hartwell Carver memorialized Congress on the subject and promulgated his views through the press and by pamphlets. In 1845 Asa Whitney evolved a plan for the northern route, and awakened considerable popular enthusiasm, but by many the project was considered as a swindling scheme, or at best a visionary enterprise. Mr. Whitney made a preliminary survey from Prairie du Chien as far as the Rocky mountains. Mr. Josiah Perham, afterward the first president of the Northern Pacific Railroad Company, in 1857 projected a road from Maine to Puget Sound, to be known as the People's Pacific Railway, and obtained a charter from the Maine legislature, but on bringing his scheme to the attention of Congress was prevailed upon by Thaddeus Stevens to abandon this scheme for another, agreeing to aid him in the passage of a bill for the construction of the present Northern Pacific route. The bill passed both houses and was signed by President Lincoln, July 2, 1864. The first permanent officers were: Josiah Perham, president; Willard Sear, vice president; Abiel Abbott, secretary; J. S. Withington, treasurer.

The grants of land voted by Congress were accepted, and in the following year the states of Wisconsin and Minnesota granted right of way. Not much was done until 1869, when Jay Cooke & Co. became financially interested in the road, and might have been successful in placing the bonds of the road upon the eastern markets but for the European war, during which time the firm of Jay Cooke & Co. went down overburdened with railroad securities. The financial panic of 1873 which followed found the company in possession of 555 miles of completed railroad, of which 450 reached from Duluth to Bismarck, and 105 from Klamath to Tacoma on Puget Sound; but embarrassed by want of funds the enterprise made but little headway, and in 1875 Henry Villard was appointed receiver, and a decree of sale obtained by which the bondholders were enabled to become the preferred stockholders. Under the new arrangement and by the powerful aid of Henry Villard and Thomas F. Oakes, the public, and especially the capitalists of the country, regained faith in the enterprise, and the work was pushed steadily forward until September, 1883, when the golden spike was driven at Gold Creek by Henry Villard. Mr. Villard resigned the presidency of the road in December of the same year, and Robert Harris succeeded him. The main line of this road extends from Duluth to Tacoma, a distance of nearly 2,000 miles, and the number of miles on the main and branch lines aggregates 3,395.

The magnitude of the work, the leagues of wilderness to be traversed, the mountain ranges to be crossed, the streams to be bridged, the supposed obstructions from wintry storms to be overcome, all these were of such a nature as to make the project seem impossible. It was, nevertheless, through the liberality of the government and the enthusiasm and executive ability of its managers, accomplished in a comparatively short time.

The government contributed to this road a land grant of forty sections to the mile. With this liberal basis, bonds for the required amount of money were speedily furnished to build and equip the road from Lake Superior to the Pacific coast. This road has, however, the advantage of southern roads, in that it traverses a rich agricultural and mineral region throughout almost its entire extent, passing through belts of timbered land not excelled in the quantity and quality of their production. The mineral regions are rich in gold, silver, copper, lead and coal.

The country along the road is being rapidly settled, and the property in its possession, and that of those who have made improvements along its line, has increased to many hundred times its original value.

THE CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILROAD

The Wisconsin legislature in 1854 chartered a company to construct and operate this road, then called the St. Croix, Superior & Bayfield railroad. May 3, 1856, Congress granted twelve sections of land to the mile to aid in building a railroad from Hudson in the St. Croix valley to Bayfield on Lake Superior, with a branch to Superior City. July 5, 1864, this grant was increased to twenty sections per mile, with indemnity lands to make up deficiencies. These lands were ceded directly to the State. A company was created by the state legislature of Wisconsin, to which were consigned the lands and franchises granted by the government for the purpose of building the road. The lands and franchises passed through several organized companies. Impediments to construction arising, extension of time was asked and obtained from the United States and Wisconsin governments, complications arose, delaying the construction still further, other companies claimed part of the indemnity lands, and litigation ensued. The state legislature upheld the chartered right, and appointed agents to watch the timber and protect the interests of the company. A sum amounting to $200,000 was collected from trespassers and at once applied to the building of the roads in 1879.

The St. Paul, Stillwater & Taylor's Falls Company in 1872 had built a line of railroad from Hudson to New Richmond. In 1874 the St. Croix, Superior & Bayfield Company obtained possession of this line of road and continued it in the direction of Superior, completing it in 1883 to Superior City, Bayfield, Washburn, and Ashland. The company have built a road from Hudson by River Falls to Ellsworth in Pierce county. The main line to Lake Superior passes through a rich agricultural and immense pine region. The company have constructed at Washburn, on Chequamegon bay, extensive docks, elevators, warehouses and shops. There are on the main line 20 wooden bridges from 25 to 100 feet long, 10 from 100 to 300 feet, 10 from 300 to 500 feet, one of them on a branch of White river being 90 feet high. The amount of logs and lumber carried over this road amounts (1888) to 1,240,000,000 feet, and 1,500,000,000 feet remain. There are few trips more enjoyable to the tourist than the one over this road, terminating as it does on the north, in a region attractive for its beautiful scenery, including the lovely bays of Ashland, Washburn and Bayfield, with their picturesque shores, hills green with spruce pine and balsam, and the Apostle islands, favorite haunts of summer travelers. The road is splendidly equipped and well officered.

THE ST. PAUL & DULUTH RAILROAD (FORMERLY KNOWN AS THE LAKE SUPERIOR & MISSISSIPPI)

The first land grant for Minnesota was made in 1854, for a road from St. Paul to Lake Superior. This bill gave twenty sections per mile to the company building. While the bill was in the hands of the enrolling committee, some fraudulent changes were made in its provisions, as a consequence of which, after it had passed both houses and was in the hands of the president, it was recalled by the house of representatives, which had originated it, the fraudulent passages were pointed out, and the further consideration of the bill was indefinitely postponed.

Railroad enterprise received a check from which it did not recover in many years. May 5, 1864, Congress gave ten alternate sections on each side of lands to aid in building the Lake Superior & Mississippi railroad. This grant was increased to twenty sections per mile, and indemnity lands were given. The state of Minnesota has also given seven sections of swamp land per mile. The city of St. Paul also gave a bonus of $250,000 in city bonds, to run twenty years, and St. Louis county gave $150,000 in bonds for a like period. From the proceeds of these lands and bonds an excellent thoroughfare has been built and maintained. The franchises pertaining to this road changed holders many times before the road was completed.

The original incorporators were mostly citizens of Philadelphia who, under the name and title of the "Nebraska & Lake Superior Company," obtained their charter from the territorial legislature May 25, 1857. Their chartered rights were amended and their name changed to that of "Lake Superior & Mississippi Railroad Company." The times for building were extended by Congress and the state legislature from time to time, as asked for by the company. The road was commenced in 1867 and completed to Duluth in 1870, and the name changed to "St. Paul & Duluth" in 1875. The first cost of building was $7,700,000. The company have in addition built branch roads from White Bear to Minneapolis, from White Bear to Stillwater, from Wyoming to Taylor's Falls, from Rush City to Grantsburg, from North Pacific Junction to Cloquet, and a branch in Pine county to Sandstone City. The Taylor's Falls & Lake Superior branch road received seven sections per mile of swamp lands from the State, $10,000 in ten per cent bonds from the town of Chisago Lake, $5,000 from the town of Shafer, and $18,600 from the town of Taylor's Falls.

Presidents of the St. Paul & Duluth railroad: Lyman Dayton, W. L. Banning, Frank Clark, John P. Illsley, H. H. Porter, James Smith, Jr., and Wm. H. Fisher.

MINNESOTA & MANITOBA RAILROAD

Under the land grant of 1857 a road was projected between St. Paul and St. Anthony Falls, and completed in 1862, the first railroad in Minnesota, though others had been projected at an earlier period. This road was afterward extended to Breckenridge on Red river, and branches were built to St. Cloud, and from St. Cloud via Fergus Falls and Crookston to the national boundary at St. Vincent, and from Brekenridge through Dakota to the Great Falls in Montana. Subordinate branches to various points in Northern Minnesota, Dakota and Montana were also built. The roads from Minneapolis to St. Cloud and Breckenridge were built with German capital.

After the completion of the main lines a financial depression occurred, the bonds were sold at a low figure and subsequently passed into the hands of J. J. Hill and others. The aggregate mileage of this road and its branches amount to 2,685 miles. It traverses a wheat growing region not surpassed on the continent. The present terminus, the Great Falls of Missouri, is a mining centre for gold and silver. The country tributary to the road can not fail to make it one of the most important highways of commerce in the great West, and thus far the energy and ability of its managers has made it equal to the immense demands upon it.

STILLWATER, WHITE BEAR & ST. PAUL RAILROAD

Under the grant of 1857, a road from Stillwater to St. Paul was projected, the road to commence at Stillwater and to proceed via St. Paul and Minneapolis to the western boundary of the State. The company holding the grant, through legislative action effected a change in the conditions of the grant allowing them to commence at St. Paul, building west and northwest, as a result of which the road from Stillwater to St. Paul was not built. After ten years of inactivity upon this portion of the road, the Stillwater people demanded, through their representatives in the legislature of 1867, legislation compelling the building of the road as originally devised. At this session Hon. John McKusick, not then a member of the legislature, but still an influential man, and representing public sentiment, importuned the company holding the franchises, through the president, Hon. Edmund Rice, either to build the road or to transfer the franchises to some responsible company who would build it. Hon. Henry A. Jackman and the writer, members of the ninth legislature, after conference with the president of the company, introduced a bill conveying the franchises from the original company to a company of St. Croix valley men, to be organized forthwith, with the conditions that they at once proceed to build the road from Stillwater to White Bear, connecting with the St. Paul & Duluth at that point. A section was placed in the bill locating the railroad lands near Kandiyohi lake. These lands were among the most valuable in the grant and were to inure to the new company at the completion of the road. The bill was passed and approved by the governor. The road was completed to Stillwater Dec. 20, 1869.