BRIEF HISTORY OF THE NORTHWEST TERRITORY UNTIL THE CREATION OF

WISCONSIN TERRITORY IN 1836.

SPANISH CLAIMS.

The Spaniards have made persistent claims to territory lying along the

Atlantic coast, the shores of the Gulf of Mexico, and up the valley of

the Mississippi, basing their claims on discovery and conquest.

In 1512 Juan Ponce de Leon, a companion of Columbus, discovered

Florida, and planted on its shores the standard of Spain.

In 1539 Hernando de Soto visited Florida and having strengthened the

Spanish claim adventured west to the Mississippi, on which river he

died and in which he was stealthily buried by his surviving followers,

who returned to Florida broken and dispirited with the loss of half

their number. By virtue of De Soto's discovery of the Mississippi, the

Spaniards now laid claim to the land along that river and its

tributaries. They also claimed land lying along the Atlantic coast,

without limit, northward. This large and somewhat indefinite empire

was by them styled Florida, after the name of the peninsula on which

they gained their first foothold. Unable to defend or enforce their

claims, they gradually relinquished them, giving up tract after tract,

until the peninsula of Florida alone remained to them. This was ceded

to the United States in 1819.

The government of the Territory was vested in the discoverers. Ponce

de Leon was governor from 1512 until 1521. De Soto was governor of

Florida and Cuba until 1541. Melendez, by compact with King Philip,

succeeded him, his commission giving him a life tenure. The history of

the Spanish possessions is by no means interesting, and illustrates

chiefly the Spanish greed for gold.

FRENCH CLAIMS.

The French early disputed the claims of the Spaniards and Portuguese

to the possession of the New World, and accordingly in 1524 sent a

Florentine, Jean Verrazzani, who explored the coast from Carolina to

Nova Scotia, took possession of it, and called it New France. Ten

years later Cartea continued the work, sailing around New Foundland

and ascending the St. Lawrence as far as the site of Montreal. In 1564

a French colony located in Florida, but were almost immediately

exterminated by the Spaniards. During the following century the French

pushed their explorations to the regions of the Mississippi and the

great lakes. In the year 1603 Champlain was engaged in the exploration

of the St. Lawrence, and in 1609, he, with two other Frenchmen,

explored Lake Champlain and the country of the Iroquois and took

possession of it in the name of Henry IV of France. In 1611 and 1612

he explored Lake Huron, entered Saginaw bay, passed down Detroit

river, exploring Lake Erie, and laid the foundation of French

sovereignty in the valley of the St. Lawrence. Champlain for many

years prosecuted the fur trade where Boston now stands, prior to the

landing of the Pilgrims at Plymouth Rock.

We have not space for a complete account of the conflicting claims of

the French and English, but will give the boundaries of New France as

defined by French and English authorities at different times: 1609--L'

Escartot, in his "Histoire de la Nouvelle France," defines the French

boundaries as extending "on the west to the Pacific ocean, on the

south to the Spanish West Indies, on the east to the North Atlantic,

and on the north to the Frozen Sea." 1683--Baron La Honton says, "All

the world knows that Canada reaches from the 39th to the 65th degrees

of north latitude and from the 284th to the 336th degrees of

longitude." [More accurately from about 45 to 90 degrees west, or from

Cape Race to the Mississippi.] The French government persistently

denied the right of the English to any territory west of the

Alleghanies. The great Northwest, therefore, was for a long time under

French rule and influence. We must accord to France the credit of

making the first progress in civil government in the Northwest. They

made many permanent settlements and by a wise and pacific policy so

conciliating the Indian tribes that they were able to hold their

positions on the frontier at will. They were early and persistent

explorers, and, under the guidance of pious and devoted Jesuit

missionaries, planted settlements in the most desirable places. They

made a cordon of posts reaching from Louisiana to the Gulf of St.

Lawrence, along the Mississippi and Ohio rivers, and along the chain

of the great lakes, completely surrounded the English colonies and

disputed with them the possession of the country. The French-English

War of 1689 to 1697 failed to decide satisfactorily the question of

the interior domain.

In 1712 New France was divided into two provinces, that of Canada and

that of Louisiana, the dividing line being the Ohio, Mississippi and

Missouri rivers, the Mississippi boundary line extending from the

mouth of the Ohio to the mouth of the Missouri river. Mobile was made

the capital of the southern province. The patent or commission of the

new province was issued to Crozat, Marquis du Chatel. The Illinois

country was afterward added, and it seems probable that the country

east of the Wabash was also included in it. All north of the boundary

named formed part of the province of Canada. Other boundaries than

these have been given by geographers, but these boundaries are

sufficiently established by official documents.

In 1763 all of the territory claimed by France lying east of the

Mississippi river was ceded to the English, the territory lying west

to Spain. Virginia, by three royal charters, given in 1606, 1607 and

1611, by the English government, held a part of the Northwest

Territory, and in 1776 established three counties north of the Ohio

river, named Ohio, Youghiogheny and Monongahela, but in 1787 ceded

this territory to the United States. Its settlement was somewhat

impeded by the perils of the wilderness, not the least of which was

the doubtful and often unfriendly attitude of the Indians, resulting

in many cases from the changes in the tenure of the lands, and the

influence of French or English emissaries, generally hostile to

American claims. The history of these early settlements is replete

with thrilling adventures.

The first settlement made in the newly ceded territory was at

Marietta, Ohio, in 1788, under the supervision of Gen. Rufus Putnam,

nephew of Gen. Israel Putnam, and first surveyor general of the

Northwest Territory. The settlement was named Marietta, in honor of

Queen Marie Antoinette, who had been a firm friend to the colonies

during the Revolutionary struggle. Gen. Arthur St. Clair was appointed

governor July 15, 1788, of the newly organized Ohio Territory.

The country claimed by Virginia under the royal charters included the

land lying between the sea shore on the east, and the Mississippi on

the west, the Ohio river on the south, and the British possessions on

the north. It will be seen, therefore, that that part of the Northwest

Territory lying immediately along the eastern banks of the Mississippi

now comprised in the state of Wisconsin and part of Minnesota, has

been successively claimed by Spain, France, England, Virginia, and the

United States, and under the territorial governments of the

Northwest--Ohio, Indiana, Illinois, Michigan and Wisconsin

territories. That part of Minnesota lying west of the Mississippi

belonged to the French by right of discovery, but passed into the

hands of Spain, thence back again into the hands of France, by whom,

with the territory known as Louisiana, it was sold to the United

States in 1803. The original grant to Virginia included far more than

the area of the State and that of the Northwest Territory, but was

subsequently reduced by grants made by states lying north of Virginia,

and vexatious disputes arose as to titles, a circumstance calculated

to retard rapid settlement.

We append the following data concerning the early history of the

territory included in the present states of Wisconsin and Minnesota,

tabulated for more convenient reference:

1634. Jean Nicollet ventured into Wisconsin, and explored the country

from Lake Michigan for a considerable distance down the Wisconsin

river.

1658. Two fur traders penetrated to Lake Superior and wintered there,

probably on Wisconsin soil.

1660. Rev. M. Menard with eight companions came to La Pointe, Lake

Superior.

1665. Claude Allouez, an eminent pioneer missionary, succeeded Menard,

and re-established the mission at La Pointe.

1669. Father Allouez established a mission on the shores of Green bay,

locating it at Depere in 1671.

1670. Father Allouez made a voyage of the Fox and Wisconsin rivers to

within a short distance of the Mississippi--a near approach to the

discovery of the Father of Waters.

1671. In this year the French took formal possession of the whole

Northwest, confirmed in 1689.

1673. Louis Joliet, accompanied by Father James Marquette, discovered

the Mississippi river.

1674. Father Marquette coasted Lake Michigan, from Green Bay, by

Milwaukee, to the site of the present city of Chicago.

1679. The Griffin, a schooner built by La Salle, and the first to make

a voyage of the lakes above Niagara, arrived at the mouth of Green

bay.

Capt. Duluth held a council, and concluded a peace with the natives of

Lake Superior.

1680. About the first of May Father Louis Hennepin arrived at Mille

Lacs, as prisoner of a Dakotah war party, who captured him at Lake

Pepin, while on his way up the Mississippi. He remained at Mille Lacs

several months. On his return homeward, after being released, he

discovered the falls, which he named for his patron saint, Anthony of

Padua. His book, published after his return to Europe, is the first

printed account of Minnesota.

1683. Le Sueur made a voyage of the Fog and Wisconsin rivers to the

Mississippi.

1688. Nicholas Perrot first planted the cross and arms of France on

the soil of Minnesota, and first laid formal claim to the country for

France. He built a fort on Lake Pepin, near Lake City.

1695. Le Sueur built a fort on Isle Pelee, in the Mississippi, below

Prescott.

1700. Le Sueur established Fort L'Huillier, on the Blue Earth river

(near the mouth of the Le Sueur), and first supplied the Sioux with

firearms.

1716. Le Louvigny's battle with the Fox Indians at Butte des Morts.

1719. Francis Renalt explored the Upper Mississippi with two hundred

miners.

1721. Previous to this date a French fort had been established at

Green Bay, on the present site of Fort Howard.

1727. The French established a fort on Lake Pepin, with Sieur de

Lapperriere as commandant.

A trading post, called Fort Beauharnois, was established on the north

side of Lake Pepin.

1728. There was a great flood in the Mississippi, and Fort Beauharnois

was submerged.

A French expedition, under De Lignery, from Mackinaw, punished the

Foxes.

1734. A battle took place between the French, and the Sacs and Foxes.

1751. Sieur Marin, in command at Green Bay, made a peace with the

Indians.

1761. Capt. Balfour and Lieut. Gorrell, with English troops, took

possession of Green Bay.

1763. The English, under Lieut. Gorrell, abandoned Green Bay in

consequence of the Indian War under Pontiac.

Treaty of Paris, by which all the territory of New France, including

Wisconsin, was surrendered to the English.

About this date the Canadian-French trading establishment at Green Bay

ripened into a permanent settlement, the first upon any portion of the

territory now forming the state of Wisconsin.

By the treaty of Versailles, France ceded Minnesota east of the

Mississippi to England, and west of it to Spain.

1766. Capt. Jonathan Carver visited St. Anthony falls and Minnesota

river. He pretended to have made a treaty with the Indians the

following spring, in a cave near St. Paul, known for several years as

Carver's Cave. He also reports a town of three hundred inhabitants at

Prairie du Chien.

1774. A civil government was established over Canada and the

Northwest, by the celebrated "Quebec Act."

1777. Indians from Wisconsin join the British against the Americans.

1786. Julian Dubuque explored the lead region of the Upper

Mississippi.

1788. There was an Indian council at Green Bay. Permission to work the

lead mines was given to Dubuque.

1793. Lawrence Barth built a cabin at the portage of the Fog and

Wisconsin rivers, and engaged in the carrying trade.

1795. French settlement commenced at Milwaukee.

1796. The western posts were surrendered by the English to the United

States, and the ordinance of 1787 extended over the Northwest.

1798-99. The Northwestern Fur Company established itself in Minnesota.

1800. Indiana Territory organized, including Wisconsin.

1803. Antoine Barth settled at the portage of the Fog and Wisconsin

rivers.

1804. Indian treaty at St. Louis; Southern Wisconsin purchased.

1805. Michigan Territory organized.

1809. Thomas Nuttall, the botanist, explored Wisconsin.

Illinois Territory was organized, including nearly all the present

state of Wisconsin.

1812. Indians assembled at Green Bay to join the English.

1814. Gov. Clark took possession of Prairie du Chien. Prairie du Chien

surrendered to the British.

1815. United States trading post established at Green Bay.

1816. Indian treaty confirming that of 1804.

United States troops took possession of Prairie du Chien, and

commenced the erection of Fort Crawford.

Col. Miller commenced the erection of Fort Howard, at Green Bay.

1818. State of Illinois was organized; Wisconsin attached to Michigan.

Brown, Crawford and Michillimackinac counties were organized by the

territory of Michigan which embraced in their boundaries, besides

other territory, the whole of the present state of Wisconsin.

1820. United States commissioners adjusted land claims at Green Bay.

1822. The New York Indians purchase lands east of Lake Winnebago.

James Johnson obtained from the Indians the right to dig for lead by

negro slaves from Kentucky.

1823. January. Counties of Brown, Crawford and Michillimackinac made a

separate judicial district by Congress.

First steamboat on the Upper Mississippi, with Maj. Taliafero and

Count Beltrami.

Lieut. Bayfield, of the British Navy, makes a survey of Lake Superior.

1824. First term of United States court held at Green Bay, Judge Duane

Doty presiding.

1825. Great flood on the Red River of the North; a part of the colony

driven to Minnesota, and settle near Fort Snelling.

1826. First steamboat on Lake Michigan.

1827. Rush of speculators to lead mines.

Treaty with Menomonies at Butte des Morts.

1828. Fort Winnebago built. Indian treaty at Green Bay. Lead ore

discovered at Mineral Point and at Dodgeville.

1832. Black Hawk War.

Schoolcraft explored sources of Mississippi river. First mission

established at Leech Lake, by Rev. W. T. Boutwell, now of Stillwater.

1834. The portion of Minnesota west of the Mississippi attached to

Michigan. Gen. H. H. Sibley settles at Mendota.

1835. Catlin and Featherstonhaugh visit Minnesota.

1836. The territory of Wisconsin organized. Nicollet visits Minnesota.

1837. Gov. Dodge, of Wisconsin, made a treaty at Fort Snelling, with

the Ojibways, by which the latter ceded lands on the St. Croix and its

tributaries; a treaty was also effected at Washington with a

deputation of Dakotahs for their lands east of the Mississippi. These

treaties led the way to the first actual settlements in the Territory.

1838. The treaty ratified by Congress. Frank Steele makes a claim at

St. Anthony Falls. Pierre Parrant makes a claim and builds a shanty on

the present site of St. Paul.

1839. Sioux and Chippewa battle fought near Stillwater.

1840. St. Croix county established.

The chapel of "St. Paul" built and consecrated, giving the name to the

capital of the state of Minnesota.

1843. Stillwater settled.

1846. August 6th, the Wisconsin enabling act passed.

1847. The Wisconsin constitutional convention meets. The town of St.

Paul surveyed, platted and recorded in the St. Croix county register

of deeds' office. First improvement of the water power at falls of St.

Anthony. Treaty with the Chippewas at Fond du Lac, August 2d. Treaty

with the Pillagers at Leech Lake, August 21st.

1848. May 29th, Wisconsin admitted. August 26th, the "Stillwater

Convention" held, to take measures for a separate territorial

organization. October 30th, H. H. Sibley elected delegate to Congress.

1850. Great flood on the Mississippi. Minnesota river navigated by

steamboats. Census of Minnesota shows population of 4,780.

1851. Permanent location of the capital of Minnesota at St Paul.

Treaty of the Traverse des Sioux, opening territory west of the

Mississippi to settlement July 23d. Treaty at Mendota with the Sioux

August 5th.

1852. President Pierce appoints Willis A. Gorman governor of

Minnesota.

1854. Real estate mania commenced. Treaty with the Chippewas at La

Pointe, September 30th.

1855. Treaty at Washington, District of Columbia, with the Chippewas,

and cession of lands in Minnesota, February 22d.

1857. Enabling act to admit Minnesota passed Congress. President

Buchanan appoints Gen. Sam Medary governor of Minnesota. Ink-pa-dootah

massacre in April. Minnesota constitutional convention met in June.

Constitution adopted in October.

1858. Minnesota admitted as a state. State loan of $250,000

guaranteed. The $5,000,000 loan bill adopted.

1859. Hard times. Work on the land grant road ceases. Collapse of the

$5,000,000 scheme. First export of grain this fall.

1860. Federal census, 172,123.

1861. April 13th. President's proclamation for troops received. The

First regiment recruits at once. June 22d it embarks at Fort Snelling

for the seat of war.

1862. Call for 600,000 men. August 17th, massacre at Acton; 18th,

outbreak at Lower Sioux agency; 19th, New Ulm attacked; 20th, Fort

Ridgely attacked; 25th, second attack on New Ulm; 30th, Fort

Abercrombie besieged; September 1st, the bloody affair at Birch

Coolie; 19th, first railroad in Minnesota in operation between St.

Paul and Minneapolis; 22d, battle of Wood Lake; 26th, captives

surrendered at Camp Release; military commission tries 321 Indians for

murder, rape, etc.; 303 condemned to die; December 26th, 38 hanged at

Mankato.

1863. Gen. Sibley's expedition to the Missouri river. July 3d, Little

Crow killed; 24th, battle of Big Mound; 26th, battle of Dead Buffalo

Lake; 28th, battle of Stony Lake. Treaty at crossing of Red Lake river

with Chippewas, and cession of Dakotah lands, October 2d.

1864. Large levies for troops. Expedition to Missouri river under

Sully. Inflation of money market. Occasional Indian raids.

1865. Peace returns. Minnesota regiments return and are disbanded; in

all 25,052 troops furnished by the State. Census shows 250,000

inhabitants.

1866-72. Rapid railroad building everywhere, immigration heavy, "good

times" prevail, and real estate inflated.

1873. January 7th, 8th and 9th, polar wave sweeps over the State;

seventy persons perish. September, the Jay Cooke failure creates

another panic. Grasshopper raid begins and continues five seasons.

1876. September 7th, armed outlaws from Missouri attack a Northfield

bank. Three killed, three prisoners.

1877. Minnesota legislature adopts biennial sessions.

1878. May 2d, three flouring mills at Minneapolis explode; eighteen

lives lost.

1880. November 15th, hospital for the insane at St. Peter partly

destroyed by fire; twenty-five lives lost.

1881. March 1, capitol at St. Paul destroyed by fire.

1886. Cyclone destroys Sauk Rapids. Wisconsin legislature adopts

biennial sessions.

THE BOUNDARY QUESTION.

The question of the western boundary of Wisconsin had been agitated

since the Martin bill for the organization of the State had been

introduced in 1846. This bill established the present boundary. The

majority of the people residing in the valley of the St. Croix were

opposed to it on the ground that the interests of the valley on both

sides were identical, and that it was not proper that the two sides

should be separated by a state line. The question became a political

one, and at the election of delegates for the constitutional

convention of Oct. 5, 1846, Wm. Holcombe was elected over Joseph

Bowron, as representing the sentiments of the people of the valley as

opposed to the proposed boundary line.

In convention Mr. Holcombe advocated a boundary line commencing at

Mount Trempeleau on the Mississippi, running due north to Lake

Superior. Failing in this, he advocated a boundary line to be

established at a point fifteen miles due east of the most easterly

point on Lake St. Croix, said line extending from that point due south

to the Mississippi and due north to the tributary waters of Lake

Superior. In this he was successful, and the constitution in which

this boundary line was thus fixed went to the people and was rejected,

greatly to the disappointment of the people of the St. Croix valley,

who felt that they had been unjustly dealt with. There seems, indeed,

to be but little excuse for the attitude of the majority of the

citizens of Wisconsin with regard to this boundary. Certainly but

little attention was shown to the interests of the people in the

western section of the Territory.

Prior to the meeting of the second constitutional convention, Dec. 15,

1847, public meetings were held at St. Croix Falls and in Stillwater,

at which latter place enthusiastic resolutions were passed

remonstrating against this unnatural boundary, which resolutions were

signed by nearly all the citizens of the St. Croix valley, and a few

in and around St. Paul, asking the convention to establish the western

boundary on a line running due north from the foot of Lake Pepin to

Lake Superior. George W. Brownell was elected from the St. Croix

district to the second convention, with instructions to work for this

boundary. Joseph Bowron, Brownell's opponent, was defeated by a large

majority. The following is the abstract of votes:

BOWRON. BROWNELL.

Willow River (now Hudson) 7 4

Lake St. Croix 7 14

Stillwater 9 39

St. Paul 41 40

Marine Mills ... 22

St. Croix Falls 26 18

Clam River 6 17

Apple River 1 6

Wood Lake 2 6

Rush Lake 2 8

Osceola (no election) --- ---

Totals 101 174

Mr. Brownell made strong and persistent efforts to have the boundary

line adjusted in accordance with the sentiments of the people of the

valley, but in vain. Morgan L. Martin, delegate to Congress from

Wisconsin Territory, had framed the bill establishing the present

boundary, and it was urged that any effort to change the line would

tend to prevent the immediate admission of the State, and it was

thought a political necessity that the State should be admitted at

once, that it might take part in the ensuing presidential election.

Under such pressure the convention made haste to adopt, and the people

to accept, a constitution with boundary lines that should never have

been made. The State was admitted in time to cast its electoral vote

for Gen. Zachary Taylor and Millard Fillmore.

At a meeting held by the people of the St. Croix valley, subsequent

to this convention and prior to its adoption by the people, the

following resolutions were passed, and we append them as expressing

very generally the sentiments of the people of the valley:

WHEREAS, By the establishment of the St. Croix river as a part of the

boundary line between the State and territory of Wisconsin, the

inhabitants of our remote settlements are greatly aggrieved, our local

rights and privileges neglected and abridged, our geographical,

material and natural political alliance with our neighbors of the new

territory will be cut off; and

WHEREAS, Our oft repeated remonstrances and appeals to the authorities

of the new state have been unavailing; therefore

_Resolved_, That the establishment of the St. Croix river as a part of

the boundary of the state of Wisconsin, against the will of the

inhabitants of the valley of said river, is unjust, unreasonable and

contrary to the principles upon which our government is founded.

_Resolved_, That in establishing the present boundary, our known and

acknowledged wishes and interests are invaded by the might of a

majority; that as the boundary is now established, so great is the

distance and obstacles intervening, severing us, together with the

people of Lake Superior, from the seat of government, that we can not

enjoy a prompt and equitable share in representation, and we would

respectfully admonish our brethren that equal representation involves

a principle which is deeply and peculiarly American.

_Resolved_, That the interests of the inhabitants of St. Croix, being

identical from the nature of the staple business of the country, the

river being the natural centre to which all the business of the valley

tends, a boundary severing the natural ties in connection is uncalled

for, inconvenient and vexatious.

_Resolved_, That the inhabitants of the territory of the whole

Northwest are deeply interested in procuring a just and wise

alteration of the present line of divisions, because from the

geography of the country, the line as now established, we are robbed

of a future star in the galaxy of the American sisterhood of states.

_Resolved_, That we pledge ourselves to stand united and unceasingly

use all honorable means in our power to procure the establishment of a

boundary east of St. Croix valley.

_Resolved_, That a committee of three be appointed to prepare and

forward a memorial to the present legislature on this subject.

The resolutions as a whole were unanimously adopted.

In accordance with the last resolution the chair appointed Wm. R.

Marshall, G. W. Brownell and W. H. C. Folsom, Esqs., a committee.

On motion the secretary was instructed to forward copies of the

proceedings of the meeting to the Prairie du Chien _Patriot_, Galena

_Gazette_ and Wisconsin _Argus_, requesting their publication.

H. H. PERKINS,

_Chairman_.

R. V. D. SMITH,

_Secretary_.

No attention was paid to the action of the public meeting. It is

possible that none was expected. It was some satisfaction to the

people of the valley to give such an expression of their opinion of

the wrong done them. The admission of Wisconsin with the St. Croix as

a boundary line left the country immediately west of that river

virtually without law. Nevertheless, Wisconsin territorial laws were

acknowledged west of the St. Croix and were generally considered

binding until a new territorial government should be organized. The

territorial governor, Gen. Henry Dodge, had been elected United States

senator and therefore could not claim jurisdiction over this part of

the territory lying beyond state limits. John Catlin, territorial

secretary, held that the territorial government still existed in the

part of the original territory excluded.

At a public meeting held in Stillwater, Aug. 26, 1848 (a preliminary

meeting having been held August 24th, at which an understanding was

effected with Mr. Catlin and he invited to exercise authority as a

territorial officer), steps were taken for the organization of a new

territory, and Mr. Catlin, having removed to Stillwater, issued a

proclamation in his official capacity, ordering an election to be held

for the selection of a delegate to Congress. To facilitate this

movement John H. Tweedy, territorial delegate from Wisconsin,

resigned. The election was held Oct. 30, 1848, and H. H. Sibley was

elected as a successor to John H. Tweedy, his papers being certified

by John Catlin, secretary of Wisconsin Territory. Mr. Sibley proceeded

to Washington, presented his credentials and patiently awaited

recognition, which was not very speedily accorded, there being

considerable discussion as to the right of excluded territory to

continued political existence. His admission, on the fifteenth of

January, as a delegate, settled the question and established a

precedent that the creation of a state government does not deprive

portions of the territory not included within state limits of the

right to existence and representation. Mr. Sibley ably presented the

claims of his constituents and with great difficulty succeeded in

procuring the passage of a bill organizing the new territory of

Minnesota.

With all respect to the action of Congress in receiving Mr. Sibley as

a legally elected delegate (and, under the circumstances, the action

seems wise), the question still rises: "Had we a legal territorial

government?" If we had, what was the necessity for a new organization?

Why could not the excluded territory continue under the old _regime_,

or inherit, so to speak, the old government machinery? If we had no

legal existence, by what authority could Mr. Sibley represent us? The

Wisconsin territorial government had ceased to exist. Ours had not

begun to live.

The territory of Minnesota was created by act of Congress, March 3,

1849, a little over thirty days after the introduction of the bill

creating it. There had been some discussion as to the name. In the

bill presented by Morgan L. Martin it was named Minnesota. Senator

Stephen A. Douglas, chairman of the committee on territories,

recommended the passage of the bill, and that the new territory be

named Itasca. When the bill was before the house the names Chippewa,

Jackson and Washington were proposed, but the name in the original

bill was adopted. It is a compound word, taken from the Sioux

language, and has for its meaning "Land of sky-tinted water." The news

of the passage of the bill reached Stillwater April 9th, and was

received with great rejoicing.

The United States land office which had been established at St. Croix

Falls in 1848 was removed to Stillwater July 1, 1849. Abraham Van

Voorhes was appointed register and William Holcombe receiver.

INDIAN TREATIES.

Sept. 23, 1805, at the mouth of St. Peter's river (now Mendota) with

the Sioux. (For account of this treaty see "Gen. Pike and the

Indians.")

July 29, 1837, at St. Peter (now Mendota), Wisconsin Territory, the

Chippewa Indians ceded to the United States the following tract of

country: Beginning at the junction of the Crow Wing and Mississippi

rivers, between twenty and thirty miles, above where the Mississippi

is crossed by the forty-sixth parallel of north latitude, and running

thence to the north point of Lake St. Croix, one of the sources of the

St. Croix river; thence to and along the dividing ridge between the

waters of Lake Superior and those of the Mississippi, to the sources

of the Ochasua-sepe, a tributary of the Chippewa river; thence to a

point on the Chippewa river twenty miles below the outlet of Lake De

Flambeau; thence to the junction of the Wisconsin and Pelican rivers;

thence on an east course twenty-five miles; thence southerly on a

course parallel with that of the Wisconsin river to the line dividing

the territories of the Chippewas and the Menomonies; thence to the

Plover portage; thence along the southern boundary of the Chippewa

country to the commencement of the boundary line dividing it from that

of the Sioux, half a day's march below the falls on the Chippewa

river; thence with said boundary line to the month of the Waw-tab[F]

river, at its junction with the Mississippi; and thence up the

Mississippi to the place of beginning.

HENRY DODGE,

_Commissioner_.

Sept. 29, 1837, at Washington, District of Columbia, the Sioux nation

of Indians ceded to the United States all their lands east of the

Mississippi river, and all of their islands in the said river, Joel R.

Poinsett, secretary of war, commanding, which cession embraced all

their land east of the Mississippi and west of the following lines

commencing at the Chippewa river, half a day's march below the falls,

from thence to Red Cedar river, immediately below the falls; thence to

the St. Croix river at a point called the Standing Cedar, about a

day's paddle in a canoe, above the lake at the mouth of that river;

thence passing between two lakes called by the Chippewas, "Green,

Lakes," and by the Sioux, "The Lakes they Bury the Eagles in," thence

to the Standing Cedar, that "the Sioux split;" thence to Rum river,

crossing at the mouth of a small creek called Choking creek, a long

day's march from the Mississippi; thence to a point of woods that

project into the prairie, half a day's march from the Mississippi;

thence in a straight line to the mouth of the first river which enters

the Mississippi at the east side above the mouth of Sac river (Watab

river). The above boundary line was established between the Sioux and

Chippewa Indiana at Prairie du Chien, Aug. 19, 1825.

WILLIAM CLARK,

LEWIS CASS,

_Commissioners_.

St. Paul, East Minneapolis and Stillwater are embraced within the

above limits.

Nov. 1, 1837, at Washington, District of Columbia, with the

Winnebagoes.

The Winnebagoes at this treaty ceded all their lands lying east of the

Mississippi river, and received in return $200,000. Of this amount

$150,000 was reserved to satisfy the claims of Indian traders, and the

remaining $50,000 was paid to certain individuals of the tribe. There

was set apart the further sum of $100,000, to be paid, by order of the

president of the United States, to mixed blood relatives of these

Indiana. Simon Cameron, of Pennsylvania, and James Murray, of

Maryland, were commissioned to adjust claims, pay debts and partition

the amount alloted to the mixed bloods. The Winnebagoes, including

mixed blood relatives, numbered over 4,000 souls. The payments and

adjustments were made at Prairie du Chien, October, 1838. Soon after

complaints were made of the arbitrary and unjust distribution of these

funds. The secretary of war, Joel R. Poinsett, countermanded the

action of the commissioners and appointed Judge Fleming, of New York,

to act as commissioner. The parties were reassembled at Prairie du

Chien in September, 1839, and the unpleasant business was in some way

adjusted and closed up.

Aug. 2, 1847, at Fond du Lac of Lake Superior, the Chippewa Indians of

the Mississippi and Lake Superior ceded to the United States the

country beginning at the junction of the Crow Wing and Mississippi

rivers, thence up the Crow Wing river to the junction of that river

with the Long Prairie river; thence up the Long Prairie river to the

boundary line between the Sioux and Chippewa Indians; thence southerly

along said boundary line to a lake at the head of Long Prairie river;

thence in a direct line to the sources of the (Waw-tab) river; thence

down that river to its junction with the Mississippi river; thence up

the Mississippi river to the place of beginning.

ISSAC A. VERPLANCK,

HENRY M. RICE,

_Commissioners_.

Aug. 21, 1847, at Leech Lake, the Pillager band of Chippewa Indians

ceded to the United States the country beginning at the south end of

Otter Tail lake; thence southerly on the boundary line between the

Sioux and Chippewa Indians to Long Prairie river; thence up said river

to Crow Wing river; thence up Crow Wing river to Leaf river; thence up

Leaf river to its head; thence in a direct line to the place of

beginning.

ISSAC A. VERPLANCK,

HENRY M. RICE,

_Commissioners_.

July 23, 1851, at Traverse des Sioux (now St. Peter), the See-see-toan

and Wah-pay-toan bands of Dakotah or Sioux Indians ceded to the United

States all their lands in the state of Iowa; and the territory of

Minnesota, lying east of a line beginning at the junction of the

Buffalo river and the Red River of the North; thence along the western

bank of said river to the mouth of the Sioux Wood river; thence along

the western bank of said Sioux Wood river to Lake Traverse; thence

along the western shore of said lake to the northern extremity

thereof; thence in a direct line to the junction of Kampeska lake with

the Tchan-kas-an-data or Sioux river; thence along the western bank of

said river to its point of intersection with the northern line of the

state of Iowa, including all the islands in said rivers and lake.

LUKE LEA, Commissioner of Indian Affairs,

ALEXANDER RAMSEY, Governor and

_Ex-officio_ Superintendent of Indian Affairs,

_Commissioners_.

A small reservation was set apart for said Indians, which they

forfeited by their attack upon the whites in 1862.

Aug. 5, 1851, at Mendota, the Med-ay-wa-kan-toan and Wah-pay-koo-tay

bands of Dakotah and Sioux Indians ceded to the United States all of

their lands in the territory of Minnesota and state of Iowa.

LUKE LEA,

ALEXANDER RAMSEY,

_Commissioners_.

The two treaties made by Commissioners Lea and Ramsey included the

following area:

Beginning at the junction of Buffalo river with the Red River of the

North, in Clay county; thence along the western bank of the Red River

of the north to the mouth of Sioux Wood river; thence along the

western bank of Sioux Wood river to Lake Traverse; thence along its

western shore to its southern extremity; thence to the head of Sioux

river; thence along said Sioux river to the northern line of the state

of Iowa; thence along the southern boundary of the state of Minnesota

to the Mississippi river; thence up said river to the mouth of Waw-tab

river (just north of St. Cloud in Stearns county); thence up that

river to its head; thence to the place of beginning. A part of the

state of Iowa not included in the above was also ceded to the United

States. A large strip of Dakota Territory is included. This last tract

includes nearly one-half of the state of Minnesota, containing its now

richest and most populous counties.

Sept. 30, 1854, at La Pointe, Lake Superior, Wisconsin, the Chippewas

of Lake Superior ceded to the United States all of their lands lying

east of a line beginning at a point where the east branch of Snake

river crosses the southern boundary line of the Chippewa country,

running thence up the said branch to its source; thence nearly north

in a straight line to the mouth of East Savannah river; thence up the

St. Louis river to the mouth of East Swan river; thence up the East

Swan river to its source; thence in a straight line to the most

westerly bend of Vermillion river, and thence down the Vermillion

river to its mouth.

HENRY C. GILBERT,

DAVID B. HERRIMAN,

_Commissioners_.

The foregoing treaty embraced all of the country bordering upon Lake

Superior in the state of Minnesota, including the valuable iron and

other mines.

The city of Duluth is within the limits of the cession.

Owing to the efforts of Henry M. Rice, then in Congress, the

commissioners were appointed, and to his personal influence with the

Chippewas the treaty was made.

Feb. 22, 1885, at Washington, District of Columbia, the Mississippi,

Pillager, and Lake Winnibigoshish bands of Chippewa Indians ceded to

the United States all the lands owned or claimed by them in the

territory of Minnesota, and included within the following boundaries,

viz.: "Beginning at a point where the east branch of Snake river

crosses the southern boundary line of the Chippewa country, east of

the Mississippi river, as established by the treaty of July 29, 1837,

running thence up the said branch to its source; thence nearly north

in a straight line to the mouth of East Savannah river; thence up the

St. Louis river to the mouth of East Swan river; thence up said river

to its source; thence in a straight line to the most westerly bend of

Vermillion river; thence northwestwardly in a straight line to the

first and most considerable bend in the Big Fork river; thence down

said river to its mouth; thence down Rainy Lake river to the mouth of

Black river; thence up that river to its source; thence in a straight

line to the northern extremity of Turtle Lake; thence in a straight

line to the mouth of Wild Rice river; thence up the Red River of the

North to the mouth of Buffalo river; thence in a straight line to the

southwestern extremity of Otter Tail lake; thence through said lake to

the source of Leaf river; thence down said river to its junction with

Crow Wing river; thence down Crow Wing river to its junction with the

Mississippi river; thence to the place of beginning."

GEORGE W. MANYPENNY,

_Commissioner_.

All lands in Minnesota Territory east of the foregoing boundary line

were ceded to the United States at La Pointe, Lake Superior, Sept. 30,

1854. Several reservations were set aside in each purchase for the

future residence of various bands of said Chippewa and Pillager

Indians.

It was by the efforts of Henry M. Rice, then in Congress, that the

Indians were invited to Washington, and through his personal influence

that the treaty was made. Several treaties were afterward made with

the Chippewa and Pillager Indians, merely changing or reducing their

reservation.

Oct. 2, 1863, at the old crossing of the Red Lake river, in the state

of Minnesota, the Red Lake and Pembina bands of Chippewa Indians ceded

to the United States all their right, title and interest in and to all

the lands now owned and claimed by them in the state of Minnesota and

in the territory of Dakota within the following boundaries, to wit:

"Beginning at the point where the international boundary between the

United States and the British possessions intersects the shore of the

Lake of the Woods; thence in a direct line southwestwardly to the head

of Thief river; thence down the main channel of said Thief river to

its mouth on the Red Lake river; thence in a southeasterly direction,

in a direct line toward the head of Wild Rice river, to a point where

such line would intersect the northwestern boundary of a tract ceded

to the United States by a treaty concluded at Washington on the

twenty-second day of February, 1855, with the Mississippi, Pillager

and Lake Winnibigoshish bands of Chippewa Indians; thence along said

boundary line of said cession to the mouth of Wild Rice river; thence

up the main channel of the Red river to the mouth of the Sheyenne;

thence up the main channel of the Sheyenne river to Poplar Grove;

thence in a direct line to the head of the main branch of Salt river;

thence in a direct line due north to the international boundary line;

thence eastwardly to the place of beginning."

ALEXANDER RAMSEY,

ASHLEY C. MORRILL,

_Commissioners_.

All the lands included in the foregoing treaty east of the Red River

of the North are within the state of Minnesota.

The heretofore mentioned treaties include all the lands within the

state of Minnesota originally owned by Indian tribes, except the Red

Lake reservation, and for its cession a treaty was negotiated in 1886,

which to this date, April, 1888, has not been ratified.

GEN. PIKE AND THE INDIANS.

Gen. Zebulon M. Pike, United States Army, was sent by the government

in 1805-6 on a tour of inspection, to select sites for forts, and to

treat and hold councils with the various Indian tribes of the Upper

Mississippi. He met the Sioux in council at the junction of the St.

Peter's and Mississippi rivers, Sept. 23, 1805, and informed them

that he came to purchase lands for government forts, and to tell them

what the Great Father at Washington desired them to know about his

people and their government. A part of his speech we subjoin:

"BROTHERS: You old men probably know that about thirty years ago we

were subject to the king of England, and governed by his laws. But he

not treating us as children we refused to acknowledge him as father.

After ten years of war, in which he lost 100,000 men, he acknowledged

us as a free and independent nation. They knew that not many years

since we received Detroit, Michilmackinac, and all the ports on the

lakes from the English, and now but the other day, Louisiana from the

Spanish; so that we put one foot on the sea at the east, and the other

on the sea at the west, and if once children are now men; yet I think

that the traders who come from Canada are bad birds amongst the

Chippewas, and instigate them to make war on their red brothers, the

Sioux, in order to prevent our traders from going high up the

Mississippi. This I shall inquire into, and so warn those persons of

their ill conduct.

"Brothers, I expect that you will give orders to all your young

warriors to respect my flag and protection, which I may send to the

Chippewa chief who may come down with me in the spring; for was a dog

to run to my lodge for safety, his enemy must walk over me to hurt

him.

"Brothers, I am told that the traders have made a practice of selling

rum to you. All of you in your right senses must know that this is

injurious and occasions quarrels, murders, etc., amongst yourselves.

For this reason your father has thought proper to prohibit the traders

from selling you rum.

"Brothers, I now present you with some of your father's tobacco, and

some other trifling things, as a memorandum of my good will, and

before my departure _I will give you some liquor to clear your

throats_."

At this conference the Sioux granted to the United States government a

tract nine miles square at the mouth of the St. Croix, and a similar

tract at the mouth of the St. Peter's, lying on both sides of the

Mississippi and including the falls of St. Anthony. Pike says: "They

gave the land required, about 100,000 acres of land (equal to

$200,000), and promised me a safe passage for myself and any chief I

might bring down. I gave them presents to the amount of about two

hundred dollars, and as soon as the council was over allowed the

traders to present them with liquor which, with what I gave, was equal

to sixty gallons." Pike in his journeying through the territory

ordered Dickson and others to haul down the British flag. It is on

record that the flags were hauled down, but also that they were

hoisted again after Pike's departure.

From Pike's own account of one of his inland tours he was hospitably

entertained by his red brothers, as the following paragraph from his

journal will show:

"After making this tour we returned to the chief's lodge and found a

berth provided for each of us, of good soft bear skins nicely spread,

and on mine there was a large feather pillow. I must not here omit to

mention an anecdote which serves to characterize more particularly

their manners. This, in the eyes of the contracted moralist, would

deform my hospitable host into a monster of libertinism; but by a

liberal mind would be considered as arising from the hearty generosity

of the wild savage. In the course of the day, observing a ring on one

of my fingers, he inquired if it was gold; he was told it was the gift

of one with whom I should be happy to be at that time; he seemed to

think seriously, and at night told my interpreter, 'that perhaps his

father (as they all called me) felt much grieved for the want of a

woman; if so, he could furnish him with one.' He was answered that

with us each man had but one wife, and that I considered it strictly

my duty to remain faithful to her. This he thought strange (he himself

having three) and replied that 'he knew some Americans at his nation

who had half a dozen wives during the winter.' The interpreter

observed that they were men without character; but that all our great

men had each but one wife. The chief acquiesced; but said he liked

better to have as many as he pleased."

THE ESTABLISHMENT OF UNITED STATES SURVEYS IN THE NORTHWEST--A

CONDENSED STATEMENT FROM THE RECORDS OF THE BOOKS IN THE SURVEYOR

GENERAL'S OFFICE.

On the twenty-sixth day of January, 1796, when the American Congress

was in session at Philadelphia, a bill was reported for establishing

land offices in the Northwestern Territory. The bill was ably

discussed and there was much variance of opinion as to the

disposition of the lands to be surveyed and brought into the market.

Some favored a proposition to give the lands to actual settlers, and

others favored selling the lands at a stipulated price, applying the

proceeds to the payment of the national debt. The bill, when agreed

upon, bore the following title: "An act providing for the sale of the

lands of the United States in the territories northwest of the river

Ohio, and above the mouth of the Kentucky river." The bill was

approved by President Washington May 18, 1796.

This law established the office of surveyor general with powers

specifically limited. It directed him to run lines north and south

according to the true meridian, to be known as range lines, and

others, crossing them at right angles, to be known as township lines,

the townships thus formed to consist of areas six miles square, the

whole to be subdivided into 36 sections, each a mile square, each to

contain 640 acres of land, as near as may be, and to be subdivided

into quarters, containing 160 acres, and these quarters to be further

subdivided into forties. Marks were to be established at the corners

of every township and section. These surveys were not to conflict with

Indian treaty and military land warrants, or the course of navigable

waters.

This admirable device for surveying the public lands grew out of a

correspondence between Gen. Rufus Putnam and President Washington, in

1875, in which the former proposed the division of the public lands

into townships six miles square, to be marked by township and range

lines. Perhaps no more convenient and acceptable plan of survey could

have been devised. Gen. Benjamin Tupper was one of a company of

surveyors in 1796 that established the first lines under this new

system. This survey was made in Southeast Ohio.

The first surveyor general's office was opened at Marietta, Ohio, soon

after the approval of the bill, and Rufus Putnam was appointed

surveyor general. In 1803 he was removed by President Jefferson and

the office was located at Vincennes. A year later it was removed to

Cincinnati, in 1814 to Chillicothe, in 1829 to Cincinnati, in 1845 to

Detroit, and in 1857 to St. Paul, where it has since remained. The act

for the survey of the public lands has since been modified and

improved. In 1804 an act was approved providing for the marking of

quarter sections on the section lines.

By the same law under which the lands were subdivided and opened to

the public, one section, No. 16, in every township was reserved from

sale for the support of common schools. Two townships were also set

apart for the support of a university. This was the beginning of the

donations of land for school and other purposes.

THE UNITED STATES LAND OFFICE.

The first government land office in Wisconsin north of Mineral Point

was located at St. Croix Falls in 1848. Township plats were received,

lands advertised and offered for sale in September, covering the

ground where the cities of Stillwater and St. Paul are now located,

and adjacent country. The office was removed to Stillwater in 1849,

and the land district divided by the St. Croix river. The land office

for the east side was located at Willow River in 1849, and there

remained till 1860, when it was removed to St. Croix Falls. The

following are the receivers and registers:

1848. Samuel Leach, receiver; Charles S. Whiting, register.

1849. Moses S. Gibson, receiver; T. D. Catlin, register.

1853. Otis Hoyt, receiver; John O. Henning, register.

1857. J. D. Reymert, receiver; J.B. Spencer, register:

1859. Orpheus Evarts, receiver; J. B. Spencer, register.

1861. Benj. W. Reynolds, receiver; Michael Field, register.

1864. Hiram Calkins, receiver; Michael Field, register.

1869. Fayette Allen, receiver; Michael Field, register.

1871. Joel F. Nason, receiver; Michael Field, register.

1884. Alvah A. Heald, receiver; Michael Field, register.

1887. Alvah H. Heald, receiver; Wm. M. Blanding, register.

The first entry in the new district, Aug. 17, 1849, was by W. S.

Hungerford. Lot 4, Sec. 19, and Lots 1, 2, 3, Sec. 30, T. 34, R. 18,

where the village of St. Croix now stands. The second entry was by

George Brownell, Lot 3, Sec. 20, T. 24, R. 18. The oldest record to be

found in the office is the proving up by James Purinton of his

pre-emption, July 24, 1848. The first recorded correspondence is a

letter from S. Leach, receiver, to Geo. W. Jones, surveyor general,

Dubuque, Iowa. In June, 1863, under the receivership of Mr. Reynolds,

the safe in the office was blown open with powder and the contents

stolen. Some time afterward, in 1865, fifty land warrants and a bunch

of keys from the articles missing were thrown in at the office

window. They had the appearance of having been buried in the ground.

FIRST ENTRIES.

July 24, 1848. James Purinton, residence, St. Croix Falls. Lot 1, in

east fractional part Sec. 23, T. 29 north, R. 20 west, and W. 1/2 of

N. W. 1/4 and S. E. 1/4 of N. W. 1/4, Sec. 24, T. 29, R. 20, 137

70-100 acres; price, $1.25; cost, $172 12-100, silver; pre-emption

act, 1841. This pre-emption is where the dam and mills have since been

erected at North Hudson.

Aug. 12, 1848. Samuel Burkelo, Orange Walker and Hiram Berkey. Lots 7

and 8, west of river, Sec. 6, T. 31, R. 19, 108 25-100 acres; cost

$135 43-100, 1/4 gold; pre-emption act, 1840 (Marine Mills).

Aug. 16, 1848. Richard Freeborn. West 1/2 of N. W. 1/4 and N. E. 1/4

of N. W. 1/4, and Lot 3, Sec. 12, T. 28, R. 23, St. Paul; pre-emption

act, 1841.

The first land offered at public auction sale was Aug. 27, 1848.

4. Albert Henry Judd, Orange Walker, Samuel Burkelo, Hiram Berkey,

George Baldwin Judd, Asa Parker were the purchasers of Lots 5 and 6,

Sec. 7, T. 31, R. 19, west of river; cost, $106 46-100, gold.

5. Martin Mower, David B. Loomis; Lots 7 and 8, Sec. 29, T. 31, R. 19,

west of river; cost, $54 81-100, 1/4 gold (now Arcola).

6. John Allen; Lots 4 and 5, Sec. 2, T. 29, R. 20, west of river; gold

(Allen's Point, now South Stillwater).

7. Eleazer R. Steves; Lots 1 and 2, Sec. 14, T. 29, R. 20, east of

river; gold, $9.66; silver, $54.85; $64 51-100 (now Hudson).

8 and 9. Stephen Harris; N. 1/2 of S. E. 1/4 and E. 1/2 of S. W. 1/4,

Sec. 22, T. 29, R. 20.

10. Himan W. Greely; E. 1/2 of N. E. 1/4, Sec. 22, T. 29, R. 20, gold.

11 and 12. Albert N. Judd; W. 1/2 of S. E. 1/4 and E. 1/2 of S. W.

1/4, Sec. 22, T. 29, R. 20, gold.

13 and 14. Louis Massey; E. 1/2 of S. W. and Lots 1 and 2, Sec. 24, T.

29, R. 20, silver; east of Lake St. Croix (now Hudson).

15 and 16. Peter F. Bouchea, Lot 1, east of river, Sec. 25, T. 29, R.

20 and Lot 2, Sec. 25, T. 29, R. 20; gold, $63 22-100; silver,

$10--$73 22-100.

17 and 18. John O'Brien; Lot 3, Sec. 26, T. 29, R. 20 and W. 1/2 of S.

W. 1/4, Sec. 26, T. 29, R. 20, silver and gold (now Lakeland).

19 and 20. Albert H. Judd; E. 1/2 of N. E. 1/4, and W. 1/2 of N. W.

1/4, Sec. 22, T. 29, R. 20, gold.

21. Himan W. Greely; W. 1/2 of N. E. 1/4, Sec. 22, T. 29, R. 20, gold.

The above are all the purchasers at the first sale of land in the

valley at St. Croix Falls. Sale was continued from day to day until

townships 25 to 31 of ranges 19 and 20 were offered, covering the

settlement of St. Anthony Falls, St. Paul, Cottage Grove, and Point

Douglas.

The United States land office was moved from St. Croix Falls to

Stillwater in September, 1849. The first public sale of lands at

Stillwater was Oct. 9, 1849. The office was held in Stillwater nine

years. In October, 1858, it was moved to Cambridge, Isanti county;

November 3d the first sale of lands was held at Cambridge. April 7,

1860, the office was burned, many valuable papers were destroyed, and

many records were replaced from the archives at Washington. July 5,

1860, the office was moved to Sunrise, and Oct. 8, 1868, it was moved

to Taylor's Falls, where it is at the present time (1888).

LIST OF OFFICERS.

RECEIVERS. APPOINTED.

Samuel Leech 1848

N. Green Wilcox 1849

Jonathan E. McKusick 1852

William Holcomb 1853

Milton H. Abbott 1857

William H. Mower 1860

Lucas K. Stannard 1861

Oscar Roos 1871

George B. Folsom 1875

Peter H. Stolberg 1884

E. A. Umland 1887

REGISTERS. APPOINTED.

Charles S. Whitney 1848

Abraham Van Voorhes 1849

A. Pierce 1852

Thomas E. Fullerton 1853

Charles G. Wagner 1857

Henry N. Setzer 1860

Granville M. Stickney 1861

Charles B. Whiting 1864

William Comer 1666

John P. Owens 1869

Lucas K. Stannard 1884

The records do not show the date of commission of any officer; we

gather the dates as near as possible from recorded correspondence.

TERRITORIAL GOVERNMENT OF WISCONSIN.

Governors: Henry Dodge, 1836-41; James Duane Doty, 1841-44; N. P.

Talmadge, 1844-45; Henry Dodge, 1845-48.

Delegates to Congress: George W. Jones, 1836-37; James D. Doty,

1837-41; Henry Dodge, 1841-45; Morgan L. Martin, 1845-47; John H.

Tweedy, 1847-48.

Chief Justice: Charles Dunn, 1836-48.

FIRST LEGISLATURE--REPRESENTATIVES OF CRAWFORD COUNTY.

First Session, 1836--Council: Thomas P. Burnett.[G] (Rejected by a

ruling of Gov. Dodge, and district left without representation.)

House: James H. Lockwood, James B. Dallam.

Second Session, 1837--House: Ira B. Brunson, Jean Brunet.[H]

Third Session, 1838--House: Ira B. Brunson, Jean Brunet.

SECOND LEGISLATURE.

First Session, 1838--Council: George Wilson. House: Alex. McGregor.[I]

Second Session, 1839--Council: George Wilson. House: Alex. McGregor,

Ira B. Brunson.

Third Session, 1839-40--Council: Joseph Brisbois. House: Alex.

McGregor, Ira B. Brunson.

Fourth Session, 1840--Council: Charles J. Learned. House: Alex.

McGregor, Ira B. Brunson.

THIRD LEGISLATURE--REPRESENTATIVES OF CRAWFORD AND ST. CROIX COUNTIES.

First Session, 1840-41--Council: Charles J. Learned. House: Alfred

Brunsou, Joseph R. Brown.

Second Session, 1841-42--Council: Charles J. Learned. House: Joseph R.

Brown, Theophilus J. LaChapelle.

FOURTH LEGISLATURE.

First Session, 1842-43--Council: Theophilus La Chapelle. House: John

H. Manahan.

Second Session, 1843-44--Council: Theophilus La Chapelle. House: John

H. Manahan.

Third Session, 1845--Council: Wiram Knowlton. House: James Fisher.

Fourth Session, 1846--Council: Wiram Knowlton. House: James Fisher.

FIFTH LEGISLATURE.

First Session, 1847--Council: Benj. F. Manahan. House: Joseph W.

Furber.

CRAWFORD, ST. CROIX, CHIPPEWA AND LA POINTE COUNTIES.

Special Session, 1847--Council: Benj. F. Manahan. House: Henry

Jackson.

Second Session, 1848--Council: Benj. F. Manahan. House: Henry Jackson.

First Constitutional Convention, Oct. 5, 1846--Delegate from St. Croix

county, Wm. Holcombe.

Second Constitutional Convention, Dec. 15, 1847--Delegate from St.

Croix county, George W. Brownell.

STATE GOVERNMENT OF WISCONSIN.

Governors: Nelson Dewey, 1848-52; L. J. Farwell, 1852-54; W. A.

Barstow, 1854-56; Coles Bashford, 1856-58; Alex. W. Randall, 1858-62;

Louis P. Harvey, 1862; Edward Salomen, 1862-64; James Q. Lewis,

1864-66; Lucius Fairchild, 1866-72; C. C. Washburn, 1872-74; Wm. R.

Taylor, 1874-76; Harrison Luddington, 1876-78; Wm. E. Smith, 1878-82;

Jeremiah Rusk, 1882-58.

UNITED STATES SENATORS.

Isaac P. Walker, June 8, 1848; Henry Dodge, June 8, 1848; Charles

Durkee, Feb. 1, 1855; James R. Doolittle, Jan. 23, 1857; Timothy O.

Howe, Jan. 23, 1861; Matt H. Carpenter, Jan. 26, 1869; Angus Cameron,

Feb. 3, 1875; Philetus Sawyer, Jan. 26, 1881; John C. Spooner, Jan.

26, 1885.

UNITED STATES REPRESENTATIVES.

From districts bordering on the St. Croix: Mason C. Darling, 1848-50;

Orasmus Cole, 1850-52; Ben. C. Eastman, 1852-56; C. C. Washburn,

1856-62; Luther Hanchett, 1862-63; Walter D. McIndoe, 1863-68; C. C.

Washburn, 1868-72; Jeremiah M. Rusk, 1874-78; Hiram L. Humphrey,

1878-84; Wm. T. Price, 1884-88; Nels P. Haugan, 1888.

District judges presiding in territory originally included in St.

Croix county:

Wiram Knowlton, of Prairie du Chien, 1848-50; district--Crawford,

Chippewa, St. Croix and La Pointe counties.

S. S. Fuller, of Hudson, 1850-60; district--Pierce, St. Croix, Polk,

Douglas, and La Pointe counties.

Henry D. Barron, of North Pepin, 1860-61; district--Pierce, St. Croix,

Polk, Douglas, Ashland, and Bayfield counties.

L. P. Weatherby, of Hudson, 1861-67; district--Pepin, Pierce, St.

Croix, Polk, Burnett, Douglas, Bayfield, and Ashland counties.

Herman L. Humphrey, of Hudson, 1867-77; district--St. Croix, Pierce,

Pepin, Dunn, and Barron counties.

Solon S. Clough, of Hudson, 1864-76; district--Polk, Burnett, Douglas,

Ashland, and Bayfield counties.

R. P. Bundy, of Menomonie, 1876-85, re-elected until 1891;

district--Buffalo, Dunn, Eau Claire, Pepin, Pierce; and St. Croix

counties.

Henry D. Barron, of St. Croix Falls, 1876-82; district--Chippewa,

Barron, Polk, Burnett, Douglas, Ashland, and Bayfield counties.

Solon S. Clough, of Superior, 1882-88; district--Ashland, Barron,

Bayfield, Burnett, Chippewa, Douglas, Polk, and Washburn counties.

R. D. Marshall, of Chippewa Falls, 1888.

WISCONSIN STATE LEGISLATURE.

Representatives of territory originally included in St. Croix county:

First Session, 1848--Senate: Daniel S. Fenton. Assembly: W. R.

Marshall. (Seat successfully contested by Joseph Bowron.)

Second Session, 1849--Senate: James Fisher. Assembly: Joseph Bowron.

Third Session, 1850--Senate: James Fisher. Assembly: John S. Watrous.

Fourth Session, 1851--Senate: Henry A. Wright. Assembly: John O.

Henning.

Fifth Session, 1852--Senate: Henry A. Wright. Assembly: Otis Hoyt.

Sixth Session, 1853--Senate: Benj. Allen. Assembly: Orrin T. Maxson.

Seventh Session, 1854--Senate: Benj. Allen. Assembly: Wm. M. Torbert.

Eighth Session, 1855--Senate: Wm. T. Gibson. Assembly: Smith R. Gunn.

Ninth Session, 1856--Senate: Wm. T. Gibson. Assembly: Almon D. Gray.

Tenth Session, 1857--Senate: Wm. Wilson. Assembly: Orin T. Maxson.

Eleventh Session, 1858--Senate: Daniel Mears. House: James B. Gray,

Lucius Cannon.

Twelfth Session; 1859--Senate: Daniel Mears. House: Moses S. Gibson.

Mr. Gibson's seat successfully contested by M. W. McCracken.

Thirteenth Session, 1860--Senate: Charles B. Cox. House: Asaph

Whittlesey.

Fourteenth Session, 1861--Senate: Charles B. Cox. House: John

Comstock.

Fifteenth Session, 1862--Senate: H. L. Humphrey. House: George R.

Stuntz, James W. Beardsley. Mr. Beardsley was elected speaker of the

house.

Sixteenth Session, 1863--Senate: N. L. Humphrey. House: Henry D.

Barron, Charles B. Cox.

Seventeenth Session, 1864--Senate: Austin H. Young. House: Henry D.

Barron, Joseph S. Elwell.

Eighteenth Session, 1865--Senate: Austin H. Young. House: Amos S. Gray

(successfully contested by A. C. Stuntz). House: Marcus A. Fulton.

Nineteenth Session, 1866--Senate: Marcus A. Fulton. House: Henry D.

Barron, William J. Copp. Mr. Barron elected speaker of the assembly.

Twentieth Session, 1867--Senate: Marcus A. Fulton. House: Henry D.

Barron, John D. Trumbull, H. L. Wadsworth.

Twenty-first Session, 1868--Senate: Wm. J. Copp. House: Henry D.

Barron, Eleazer Holt, Marcus A. Fulton.

Twenty-second Session, 1869--Senate: Wm. J. Copp. House: Henry D.

Barron, Edward H. Ives, Charles D. Parker.

Twenty-third Session, 1870--Senate: Edward H. Ives. House: Samuel B.

Dressor, Oliver S. Powell, Charles D. Parker.

Twenty-fourth Session, 1871--Senate: Edward H. Ives. House: Samuel S.

Vaughn, Oliver S. Powell, Ruel K. Fay.

Twenty-fifth Session, 1872--Senate: Joseph E. Irish. House: Henry D.

Barron, Oliver S. Powell, John C. Spooner.

Twenty-sixth Session, 1873--Senate: Joseph E. Irish. House: Henry D.

Barron, speaker; James H. Persons, David C. Fulton.

Twenty-seventh Session, 1874--Senate: Henry D. Barron. House: Samuel

S. Fifield, James H. Persons, Harvey S. Clapp.

Twenty-eighth Session, 1875--Senate: Henry D. Barron, House: Samuel S.

Fifield, Thomas S. Nelson, Philo Q. Boyden.

Twenty-ninth Session, 1876--Senate: Henry D. Barron. House: Samuel S.

Fifield, speaker; Christopher L. Taylor, Philo Q. Boyden.

Thirtieth Session, 1877--Senate: Samuel S. Fifield. House: Woodbury S.

Grover, Ellsworth Burnett, Guy W. Dailey.

Thirty-first Session, 1878--Senate: Dana R. Bailey. House: Canute

Anderson, Charles A. Hawn, James Hill.

Thirty-second Session, 1879--Senate: Dana R. Bailey. House: Wm. J.

Vincent, Nils P. Haugen, James Hill.

Thirty-third Session, 1880--Senate: Sam S. Fifield. House: Nils P.

Haugen, James Hill, Lars L. Gunderson.

Thirty-fourth Session, 1881--Senate: Sam S. Fifield. Assembly: Geo. D.

McDill, Franklin L. Gibson, Merton Herrick.

Thirty-fifth Session, 1882--Senate: James Hill. Assembly: Geo. D.

McDill, Franklin L. Gibson, speaker; Olof A. Sangestad.

Thirty-sixth Session, 1883--Senate: James Hill. Assembly: Canute

Anderson, John D. Putnam, Geo. D. McDill, James Johnston.

Thirty-seventh Session, 1884--Senate: Joel F. Nason. Assembly: Hans B.

Warner, Frank M. Nye, Thomas Porter; Charles S. Taylor, J. B. Thayer.

(For thirty-eighth and thirty-ninth Sessions see Addenda.)

TERRITORIAL GOVERNMENT OF MINNESOTA.

Governors: Alexander Ramsey, from June 1, 1849, to May 15, 1853;

Willis A. Gorman, from May 15, 1853, to April 23, 1857; Samuel Medary,

from April 23, 1857, to May 24, 1858.

Delegates to Congress: Henry H. Sibley, Jan. 15, 1849, to March 4,

1853; Henry M. Rice, Dec. 5, 1853, to March 4, 1857; W. W. Kingsbury,

Dec. 7, 1857, to May 11, 1858.

Chief Justices: Aaron Goodrich, June 1, 1849, to Nov. 13, 1851; Jerome

Fuller, Nov. 13, 1851, to Dec. 16, 1852; Henry Z. Hayner, Dec. 16,

1852, to April 7, 1853 (Judge Hayner never presided at a single term

and gave but one decision, which was to pronounce the prohibition law

unconstitutional); William H. Welch, April 7, 1853, to May 24, 1858.

Associate Justices: David Cooper, June 1, 1849, to April 7, 1853;

Bradly B. Meeker, June 1, 1849, to April 7, 1853; Andrew G. Chatfield,

April 7, 1853, to April 23, 1857; Moses G. Sherburne, April 7, 1853,

to April 13, 1857; R. R. Nelson, April 23, 1857, to May 24, 1858;

Charles E. Flandrau, April 23, 1857, to May 24, 1858.

CENSUS OF THE TERRITORY--AUGUST, 1849.

PRECINCTS. MALES. FEMALES. TOTAL.

Stillwater 455 154 609

Lake St. Croix 129 32 161

Marine Mills 142 31 173

Falls of St. Croix 15 1 16

Snake River 58 24 82

St. Paul 540 300 840

Little Canada and St. Anthony Falls 352 219 571

Crow Wing and Long Prairie 235 115 350

Osakis Rapids 92 41 133

----- --- -----

Total 2,018 977 2,935

Upon the basis of this population the governor established the

following legislative districts:

First district: St. Croix precinct, extending on the west side of the

St. Croix and Mississippi rivers to the Iowa line; Second district:

Stillwater; Third district: St. Paul; Fourth district: Marine Mills

and the country north to the British possessions; Fifth district: St.

Anthony Falls; Sixth district: The country east of the Mississippi not

embraced in the Fourth district, and extending north to the British

possessions; Seventh district: All the territory on the west of the

Mississippi river not embraced in the sixth and first districts.

FIRST TERRITORIAL LEGISLATURE.--HELD SEPT. 3 TO NOV. 1, 1849.

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.[J] 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:

[Illustration: STATE SEAL.]

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.

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_.