As the white man progressed towards the West, and came in contact with

the Indians, it became necessary to define the territories of the

different tribes to avoid collision between them and the newcomers as

much as possible. To accomplish this end, Governor Clark of Missouri and

Governor Cass of Michigan, on the nineteenth day of August, 1825,

convened, at Prairie du Chien, a grand congress of Indians, representing

the Dakotas, Chippewas (then called Ojibways), Sauks, Foxes, Menomonies,

Iowas, Winnebagoes, Pottaiwatomies and Ottawas, and it was determined by

treaties among them where the dividing lines between their countries

should be. This partition gave the Chippewas a large part of what is now

Wisconsin and Minnesota, and the Dakotas lands to the west of them; but

it soon became apparent that these boundary lines between the Dakotas

and the Chippewas would not be adhered to, and Governor Cass and Mr. T.

L. McKenney were appointed commissioners to again convene the Chippewas,

but this time at Fond du Lac, and there, on the fifth day of August,

1826, another treaty was entered into, which, with the exception of the

Fort Snelling treaty, was the first one ever made on the soil of

Minnesota. By this treaty the Chippewas, among other things, renounced

all allegiance to or connection with Great Britain, and acknowledged the

authority of the United States. These treaties were, however, rather of

a preliminary character, being intended more for the purpose of

arranging matters between the tribes than making concessions to the

whites, although the whites were permitted to mine and carry away metals

and ores from the Chippewa country by the treaty of Fond du Lac.

The first important treaty made with the Sioux, by which the white men

began to obtain concessions of lands from them, was on Aug. 29, 1837.

This treaty was made at Washington, through Joel R. Poinsette, and to

give an idea of how little time and few words were spent in

accomplishing important ends, I will quote the first article of this

treaty:

"Article I.--The chiefs and braves representing the parties

having an interest therein cede to the United States all their

land east of the Mississippi river, and all their islands in

said river."

The rest of the treaty is confined to the consideration to be paid, and

matters of that nature.

This treaty extinguished all the Dakota title in lands east of the

Mississippi river, in Minnesota, and opened the way for immigration on

all that side of the Mississippi; and immigration was not long in

accepting the invitation, for between the making of the treaty, in

1837, and the admission of the State of Wisconsin into the Union, in

1848, there had sprung into existence in that state, west of the St.

Croix, the towns of Stillwater, St. Anthony, St. Paul, Marine, Arcola,

and other lesser settlements, which were all left in Minnesota when

Wisconsin adopted the St. Croix as its western boundary.

Most important, however, of all the treaties that opened up the lands of

Minnesota to settlement were those of 1851, made at Traverse des Sioux

and Mendota, by which the Sioux ceded to the United States all their

lands in Minnesota and Iowa, except a small reservation for their

habitation, situated on the upper waters of the Minnesota river.

The Territory of Minnesota was organized in 1849, and immediately

presented to the world a very attractive field for immigration. The most

desirable lands in the new territory were on the west side of the

Mississippi, but the title to them was still in the Indians. The whites

could not wait until this was extinguished, but at once began to settle

on the land lying on the west bank of the Mississippi, north of the

north line of Iowa, and in the new territory. These settlements extended

up the Mississippi river as far as St. Cloud, in what is now Stearns

county, and extended up the Minnesota river as far as the mouth of the

Blue Earth river, in the neighborhood of Mankato. These settlers were

all trespassers on the lands of the Indians, but a little thing like

that never deterred a white American from pushing his fortunes towards

the setting sun. It soon became apparent that the Indians must yield to

the approaching tidal wave of settlement, and measures were taken to

acquire their lands by the United States. In 1851, Luke Lea, then

commissioner of Indian affairs, and Alexander Ramsey, then governor of

the Territory of Minnesota and ex-officio superintendent of Indian

affairs, were appointed commissioners to treat with the Indians at

Traverse des Sioux, and, after much feasting and talking, a treaty was

completed and signed, on the twenty-third day of July, 1851, between the

United States and the Sisseton and Wahpeton bands of Sioux, whereby

these bands ceded to the United States a vast tract of land lying in

Minnesota and Iowa, and reserved for their future occupation a strip of

land on the upper Minnesota, ten miles wide on each side of the center

line of the river. For this cession they were to be paid $1,665,000,

which was to be paid, a part in cash to liquidate debts, etc., and five

per cent per annum on the balance for fifty years, the interest to be

paid annually, partly in cash and partly in funds for agriculture,

civilization, education, and in goods of various kinds; which payments,

when completed, were to satisfy both principal and interest, the policy

and expectation of the government being that at the end of fifty years

the Indians would be civilized and self-sustaining.

Amendments were made to this treaty in the senate, and it was not fully

completed and proclaimed until Feb. 24, 1853.

Almost instantly after the execution of this treaty, and on Aug. 5,

1851, another treaty was negotiated by the same commissioners with two

other bands of Sioux in Minnesota, the M'day-wa-kon-tons and

Wak-pay-koo-tays. By this treaty these bands ceded to the United States

all their lands in the Territory of Minnesota or State of Iowa, for

which they were to be paid $1,410,000, very much in the same way that

was provided in the last-named treaty with the Si-si-tons and

Wak-pay-tons. This treaty, also, was amended by the senate, and not

fully perfected until Feb. 24, 1853.

Both of these treaties contained the provision that "The laws of the

United States, prohibiting the introduction and sale of spirituous

liquors in the Indian country, shall be in full force and effect

throughout the territory hereby ceded and lying in Minnesota until

otherwise directed by congress or the president of the United States." I

mention this feature of the treaty because it gave rise to much

litigation as to whether the treaty making power had authority to

legislate for settlers on the ceded lands of the United States. The

power was sustained. These treaties practically obliterated the Indian

title from the lands composing Minnesota, and its extinction brings us

to the

TERRITORIAL PERIOD.

It must be kept in mind that, during the period which we have been

attempting to review, the people who inhabited what is now Minnesota

were subject to a great many different governmental jurisdictions. This,

however, did not in any way concern them, as they did not, as a general

thing, know or care anything about such matters; but as it may be

interesting to the retrospective explorer to be informed on the subject,

I will briefly present it. Minnesota has two sources of parentage. The

part of it lying west of the Mississippi was part of the Louisiana

purchase, made by President Jefferson from Napoleon Bonaparte in 1803,

and the part east of that river was part of the Northwest Territory,

ceded by Virginia, in 1784, to the United States. I will give the

successive changes of political jurisdiction, beginning on the west side

of the river.

First, it was part of New Spain, and Spanish. It was then purchased from

Spain by France, and became French. On June 30, 1803, it became

American, by purchase from France, and was part of the Province of

Louisiana, and so remained until March 26, 1804, when an act was passed

by congress, creating the Territory of Orleans, which included all of

the Louisiana purchase south of the thirty-third degree of north

latitude. This act gave the Territory of Louisiana a government, and

called all the country north of it the District of Louisiana, which was

to be governed by the Territory of Indiana, which had been created in

1800 out of the Northwest Territory, and had its seat of government at

Vincennes, on the Wabash.

On June 4, 1812, the District of Louisiana was erected into the

Territory of Missouri, where we remained until June 28, 1834, when all

the public lands of the United States lying west of the Mississippi,

north of the State of Missouri, and south of the British line, were, by

act of congress, attached to the Territory of Michigan, under whose

jurisdiction we remained until April 10, 1836, when the Territory of

Wisconsin was created. This law went into effect July 3, 1836, and

Wisconsin took in our territory lying west of the Mississippi, and there

it remained until June 12, 1838, when the Territory of Iowa was created,

taking us in and holding us until the State of Iowa was admitted into

the Union, on March 3, 1845, which left us without any government west

of the Mississippi.

The part of Minnesota lying east of the Mississippi was originally part

of the Northwest Territory. On May 7, 1800, it became part of the

Indiana Territory, and remained so until April 26, 1836, when it became

part of the Wisconsin Territory; and so continued until May 29, 1848,

when Wisconsin entered the Union as a state, with the St. Croix river

for its western boundary. By this arrangement of the western boundary of

Wisconsin all the territory west of the St. Croix and east of the

Mississippi, like that west of the river, was left without any

government at all.

One of the curious results of the many governmental changes which the

western part of Minnesota underwent is illustrated in the residence of

Gen. Henry H. Sibley, at Mendota. In 1834, at the age of twenty-two, Mr.

Sibley commenced his residence at Mendota, as the agent of the American

Fur Company's establishment. At this point Mr. Sibley built the first

private residence that was erected in Minnesota. It was a large,

comfortable dwelling, constructed of the blue limestone found in the

vicinity, with commodious porticos on the river front. The house was

built in 1835-36, and was then in the Territory of Michigan. Mr. Sibley

lived in it successively in Michigan, Wisconsin, Iowa, and the Territory

and State of Minnesota. He removed to St. Paul in the year 1862. Every

distinguished visitor who came to Minnesota in the early days was

entertained by Mr. Sibley in this hospitable old mansion, and, together

with its genial, generous and refined proprietor, it contributed much

towards planting the seeds of those aesthetic amenities of social life

that have so generally flourished in the later days of Minnesota's

history and given it its deserved prominence among the states of the

West. The house still stands, and has been occupied at different times

since its founder abandoned it as a Catholic institution of some kind

and an artists' summer school. The word Mendota is Sioux, and means "The

meeting of the waters."

It was the admission of Wisconsin into the Union in 1848 that brought

about the organization of the Territory of Minnesota. The peculiar

situation in which all the people residing west of the St. Croix found

themselves set them to devising ways and means to obtain some kind of

government to live under. It was a debatable question whether the

remnant of Wisconsin which was left over when the state was admitted

carried with it the territorial government, or whether it was a "no

man's land," and different views were entertained on the subject. The

question was somewhat embarrassed by the fact that the territorial

governor, Governor Dodge, had been elected to the senate of the United

States from the new state, and the territorial secretary, Mr. John

Catlin, who would have become governor ex-officio when a vacancy

occurred in the office of governor, resided in Madison, and the delegate

to congress, Mr. John H. Tweedy, had resigned; so, even if the

territorial government had, in law, survived, there seemed to be no one

to represent and administer it.

There was no lack of ability among the inhabitants of the abandoned

remnant of Wisconsin. In St. Paul dwelt Henry M. Rice, Louis Roberts, J.

W. Simpson, A. L. Larpenteur, David Lambert, Henry Jackson, Vetal

Guerin, David Herbert, Oliver Rosseau, Andre Godfrey, Joseph Rondo,

James R. Clewell, Edward Phalen, William G. Carter, and many others. In

Stillwater and on the St. Croix were Morton S. Wilkinson, Henry L. Moss,

John McKusick, Joseph R. Brown, etc. In Mendota resided Henry H. Sibley.

In St. Anthony, William R. Marshall; at Fort Snelling, Franklin Steele.

I could name many others, but the above is a representative list. It

will be observed that many of them were French.

An initial meeting was held in St. Paul, in July of 1848, at Henry

Jackson's trading house, to consider the matter, which was undoubtedly

the first public meeting ever held in Minnesota. On the fifth day of

August, in the same year, a similar meeting was held in Stillwater, and

out of these meetings grew a call for a convention, to be held at

Stillwater, on August 26th, which was held accordingly. There were

present about sixty delegates.

At this meeting a letter from Hon. John Catlin, the secretary of

Wisconsin Territory, was read, giving it as his opinion that the

territorial government of Wisconsin still existed, and that if a

delegate to congress was elected he would be admitted to a seat.

A memorial to congress was prepared, setting forth the peculiar

situation in which the people of the remnant found themselves, and

praying relief in the organization of a territorial government.

During the session of this convention there was a verbal agreement

entered into between the members, to the effect that when the new

territory was organized the capital should be at St. Paul, the

penitentiary at Stillwater, the university at St. Anthony, and the

delegate to congress should be taken from Mendota. I have had reason to

assert publicly this fact on former occasions, and so far as it relates

to the university and the penitentiary, my statement was questioned by

Minnesota's greatest historian, Rev. Edward D. Neill, in a published

article, signed "Iconoclast;" but I sustained my position by letters

from surviving members of the convention, which I published, and to

which no answer was ever made. The same statement can be found in

Williams' "History of St. Paul," published in 1876, at page 182.

The result of this convention was the selection of Henry H. Sibley as

its agent or delegate, to proceed to Washington and present the memorial

and resolutions to the United States authorities. It was curiously

enough stipulated that the delegate should pay his own expenses.

Shortly after this event the Hon. John H. Tweedy, who was the regularly

elected delegate to congress from the Territory of Wisconsin, no doubt

supposing his official career was terminated, resigned his position, and

Mr. John Catlin, claiming to be the governor of the territory, came to

Stillwater, and issued a proclamation on Oct. 9, 1848, ordering a

special election to fill the vacancy caused by the resignation of

Delegate Tweedy. The election was held on the thirtieth day of October.

Mr. Henry H. Sibley and Mr. Henry M. Rice became candidates, neither

caring very much about the result, and Mr. Sibley was elected. There was

much doubt entertained as to the delegate being allowed to take his

seat, but in November he proceeded to Washington, and was admitted,

after considerable discussion.

On the 3d of March, 1849, the delegate succeeded in passing an act

organizing the Territory of Minnesota, the boundaries of which embraced

all the territory between the western boundary of Wisconsin and the

Mississippi river, and also all that was left unappropriated on the

admission of the State of Iowa, which carried our western boundary to

the Missouri river, and included within our limits a large part of what

is now North and South Dakota.

The passage of this act was the first step in the creation of Minnesota.

No part of the country had ever before borne that name. The word is

composed of two Sioux words, "Minne," which means water, and "Sota,"

which means the condition of the sky when fleecy white clouds are seen

floating slowly and quietly over it. It has been translated, "sky

tinted," giving to the word Minnesota the meaning of sky-tinted water.

The name originated in the fact that, in the early days, the river now

called Minnesota used to rise very rapidly in the spring, and there was

constantly a caving in of the banks, which disturbed its otherwise

pellucid waters, and gave them the appearance of the sky when covered

with the light clouds I have mentioned. The similarity was heightened by

the current keeping the disturbing element constantly in motion. There

is a town just above St. Peter, called Kasota, which means "cloudy sky;"

not stormy or threatening, but a sky dotted with fleecy white clouds.

The best conception of this word can be found by pouring a few drops of

milk into a glass of clear water, and observing the cloudy disturbance.

The principal river in the territory was then called the St. Peters

river, but the name was changed to the Minnesota.

EDUCATION.

An act organizing a territory simply creates a government for its

inhabitants, limiting and regulating its powers, executive, legislative

and judicial, and in our country they generally resemble each other in

all essential features. But the organic act of Minnesota contained one

provision never before found in any that preceded it. It had been

customary to donate to the territory and future state, one section of

land in each surveyed township for school purposes, and section 16 had

been selected as the one, but in the Minnesota act, the donation was

doubled, and sections 16 and 36 in each township were reserved for the

schools, which amounted to one-eighteenth of all the lands in the

territory; and when it is understood that the state as now constituted

contains 84,287 square miles, or about 53,943,379 acres of land, it will

be seen that the grant was princely in extent and incalculable in value.

No other state in the Union has been endowed with such a magnificent

educational foundation. I may except Texas, which came into the Union,

not as a part of the United States' public domain, but as an

independent republic, owning all its lands, amounting to 237,504 square

miles, or 152,002,560 acres, a vast empire in itself. I remember hearing

a distinguished senator, in the course of the debate on its admission

into the Union, describe its immensity by saying, "A pigeon could not

fly across it in a week."

It affords every citizen of Minnesota great pride to know that, under

all phases and conditions of our territory and state, whether in

prosperity or adversity, the school fund has always been held sacred,

and neither extravagance, neglect nor peculation has ever assailed it,

but it has been husbanded with jealous care from time to time since the

first dollar was realized from it until the present, and has accumulated

until the principal is estimated at $20,000,000. The state auditor, in

his last report of it, says:

"The extent of the school land grant should ultimately be about

three million acres, and as the average price of this land

heretofore sold is $5.96 per acre, the amount of principal alone

should yield the school fund not less than $17,000,000. To this

must be added the amount received from sales of timber, and for

lease and royalty of mineral lands, which will not be less than

$3,000,000 more. It is not probable that the average sale price

of this land will be reduced in the future, but it may increase,

especially in view of the improved method of sale inaugurated by

the new land law."

The general method of administering the school fund is to invest the

proceeds arising from the sale of the lands, and distribute the interest

among the counties of the state according to the number of children

attending school; the principal always to remain untouched and

inviolate.

Generous grants of land have also been made for a state university,

amounting to 92,558 acres; also, for an agricultural college to the

extent of one hundred thousand acres, which two funds have been

consolidated, and together they have accumulated to the sum of

$1,159,790.73, all of which is securely invested.

The state has also been endowed with five hundred thousand acres of land

for internal improvements, and all its lands falling within the

designation of swamp lands. An act of congress, of Feb. 26, 1857, also

gave it ten sections of land for the purpose of completing public

buildings at the seat of government, and all the salt springs, not to

exceed twelve, in the state, with six sections of land to each spring,

in all seventy-two sections. The twelve salt springs have all been

discovered and located, and the lands selected. The salt spring lands

have been transferred to the regents of the university, to be held in

trust to pay the cost of a geological and natural history survey of the

state. It is estimated that the salt spring lands will produce, on the

same valuation as the school lands, the sum of $300,000. Large sums will

also be gained by the state from the sale of timber stumpage, and the

products of its mineral lands. Some idea of the magnitude of the fund to

be derived from the mineral lands of the state may be learned from the

report of the state auditor for the year 1896, in which he says that

during the years 1895-96 there was received from and under all mineral

leases, contracts and royalties, $170,128.83.

It will be seen from this statement that the educational interests of

Minnesota are largely provided for without resort to direct taxation,

although up to the present time that means of revenue has to some extent

been utilized to meet the expenses of the grand system prevailing

throughout the state.

THE FIRST TERRITORIAL GOVERNMENT.

The organization of the territory was completed by the appointment of

Alexander Ramsey of Pennsylvania as governor, Aaron Goodrich as chief

justice, and David Cooper and Bradley B. Meeker as associate justices,

C. K. Smith as secretary, Joshua L. Taylor as marshal, and Henry L. Moss

as district attorney.

On the 27th of May, 1849, the governor and his family arrived in St.

Paul; but there being no suitable accommodations for them, they became

the guests of Hon. Henry H. Sibley, at Mendota, whose hospitality, as

usual, was never failing, and for several weeks there resided the four

men who have been perhaps more prominent in the development of the state

than any others,--Henry H. Sibley, Alexander Ramsey, Henry M. Rice and

Franklin Steele, all of whom have been honored by having important

counties named after them and by being chosen to fill high places of

honor and trust.

The governor soon returned to the capital, and on the 1st of June, 1849,

issued a proclamation, declaring the territory duly organized. On the

11th of June he issued a second proclamation, dividing the territory

into three judicial districts. The county of St. Croix, which was one of

the discarded counties of Wisconsin, and embraced the present county of

Ramsey, was made the first district. The second was composed of the

county of La Pointe (another of the Wisconsin counties), and the region

north and west of the Mississippi river, and north of the Minnesota, and

of a line running due west from the head waters of the Minnesota to the

Missouri. The country west of the Mississippi and south of the Minnesota

formed the third district. The chief justice was assigned to the first,

Meeker to the second and Cooper to the third, and courts were ordered

held in each district as follows: At Stillwater, in the first district,

on the second Monday, at the Falls of St. Anthony on the third Monday,

and at Mendota on the fourth Monday, in August.

A census was taken of the inhabitants of the territory, in pursuance of

the requirements of the organic act, with the following result. I give

here the details of the census, as it is interesting to know what

inhabited places there were in the territory at this time, as well as

the number of inhabitants:

Total

Inhabitants.

Stillwater 609

Lake St. Croix 211

Marine Mills 173

St. Paul 840

Little Canada and St. Anthony 571

Crow Wing and Long Prairie 350

Osakis Rapids 133

Falls of St. Croix 16

Snake River 82

La Pointe County 22

Crow Wing 174

Big Stone Lake and Lac qui Parle 68

Little Rock 35

Prairieville 22

Oak Grove 23

Black Dog Village 18

Crow Wing (east side) 70

Mendota 122

Red Wing Village 33

Wabasha and Root River 114

Fort Snelling 38

Soldiers, women and children in forts 317

Pembina 637

Missouri River 85

------

Total 4,764

On the seventh day of July the governor issued a proclamation, dividing

the territory into seven council districts, and ordering an election

for a delegate to congress, nine councillors, and eighteen

representatives, to constitute the first territorial legislature, to be

held on the first day of August. At this election Henry H. Sibley was

again chosen delegate to congress.

COURTS.

The History of Minnesota and Tales of the Frontier · 第 3 / 28 段