Minnesota Territory Government

Minnesota History and Culture

Minnesota Territorial Government

From Compendium of History and Biography of Northern Minnesota

George Ogle & Company

Chicago, Illinois 1902

Chapter IV, Pages 51-63

Steps toward the organization of Minnesota as a territory, preparatory to its admission as a State of the Union, and for the government of the same, were taken in Congress during the session of 1846-1847. Hon. Morgan L. Martin, delegate from Wisconsin territory introduced a bill in the House of Representatives, which was referred to the committee on territories, of which Hon. Stephen A. Douglas was chairman. The bill, however, was not passed at that session. During the next session of Congress, May 29, 1848, Wisconsin was admitted into the Union, leaving all that portion of its former territory not included in the new State intact. The people of this latter, with a view of forwarding its erection into a separate organization, elected General H. H. Sibley a delegate to Congress in the fall of 1848. General Sibley, on arriving at Washington, found his position somewhat anomalous as a delegate from Wisconsin territory, which had already become a state, with its accredited representatives in both houses of Congress. However, the difficulty was finally overcome, and he was admitted to a seat in the House of Representatives, January 15, 1849, by a vote of 124 to 62.

It has been said that while the bill for the admission of Minnesota territory was pending, a surprising degree of ignorance was manifested, even by members from the Northwest, with reference to the geographical position of the country in question. Hon Joseph Root, of Ohio, made a vehement speech against the measure, denouncing as farcical and absurd, the formation of a temporary government in a hyperborean region, where agricultural pursuits were impracticable and where no white man would go unless to cut pine logs. There was a good deal of such opposition to the measure. One senator confessed that there was a good deal of disappointment felt when the delegate made his appearance, for it was expected that the delegate from this remote region would make his debut, if not in full Indian costume, at least with some peculiarity of dress and manner characteristic of the rude and semi-civilized people who sent him to the capitol. But Hon. Stephen A. Douglas and other powerful members of both houses supported General Sibley, and the public mind, as well as that of Congress, was speedily enlightened on the subject of Minnesota. During the discussion of the bill by the committee several names for the new territory were proposed, among others Algonquin, Itaska, Chippewa, and Washington, but the more beautiful and appropriate name of Minnesota prevailed – a name derived from the principal river of the state, which, by a liberal rendering, signifies Sky-Tinted Water according to some, Many Waters according to others. On the 3d of March, 1849, the bill was passed, and Minnesota became a territory, with its western boundary extending to the Missouri river.

Under this act the president appointed Alexander Ramsey of Pennsylvania, the first governor of the new Territory. Early in the summer he came to Minnesota, and the other territorial officials having arrived, the following proclamation was issued:

To all whom it may concern: Whereas, by an act of the Congress of the United States of America, entitled ‘An act to establish the territorial government of Minnesota,’ approved March 3, 1849, a true copy is hereunto annexed, a government was erected over all the country described in said act to be called ‘The Territory of Minnesota ;‘ and whereas, the following named officers have been duly appointed and commissioned under the same act as officers of said government, viz.: Alexander Ramsey, governor of said Territory, and commander-in-chief of the militia thereof, and superintendent of Indian affairs therein; Charles K. Smith, secretary of said Territory; Aaron Goodrich, chief justice, and David Cooper and Bradley B. Meeker, associate justices of the supreme court of said Territory, and to act as judges of the district court of said Territory ; Joshua L. Taylor, marshal of the United States for said Territory; Henry L. Moss, attorney of the United States for said Territory; and said officers having respectively assumed the duties of their said offices according to law, said territorial government is declared to be organized and established, and all persons are enjoined to obey, conform to, and respect the laws thereof accordingly.

“Given under my hand and the seal of said Territory, this first day of June, A. D. 1849, and of the Independence of the United States of America the seventy third.

“Alex Ramsey”

“By the Governor,

Chas K. Smith, Secretary"

June 11 of the same year a second proclamation was made. This divided the Territory into three judicial districts, as follows: The first comprised the county of St. Croix; the second the county of La Pointe and the region north and west of the Mississippi and north of the Minnesota, and a line running due west from the head waters of the Minnesota to the Missouri river; the third was formed of the country’ west of the Mississippi and south of the Minnesota. Judge Goodrich was assigned to the first, Judge Meeker to the second, while Judge Cooper was to preside over the courts of the third district. Court was ordered to he held at Stillwater the second Monday in August; at the falls of St. Anthony on the third Monday, and at Mendota on the fourth Monday in August following.

From the time of his first appearance in the Territory Governor Ramsey had been staying at Mendota, the guest of H.H. Sibley, but June 26, 1849, he removed to St. Paul, the capital of the new Territory, a place at that time of but 840 inhabitants, as appears from census taken by the sheriff of St. Croix county, in which it was then located.

On July 7, 1849, Governor Alex. Ramsey, by proclamation, fixed the following council districts for the Territory, which had not then been divided into counties: No. 1. The St. Croix precinct of St. Croix county, and the settlements on the west bank of the Mississippi south of Crow village to the Iowa line. 2. The Stillwater precinct of the county of St. Croix. 3. The St. Paul precinct (except Little Canada settlement). 4.Marine Mills, Falls of St. Croix, Rush Lake, Rice River and Snake River precincts, of St. Croix county and La Pointe county. 5. The Falls of St. Anthony precinct and the Little Canada settlement. 6. The Sauk Rapids and Crow Wing precincts, of St. Croix county, and all settlements west of the Mississippi and north of the Osakis river, and a line thence west to the British line. 7. The country and settlements west of the Mississippi not included in districts 1 and 6. Total : Council, 9 members; house, 18 members.

An election was also ordered to be held on the first day of August following for a delegate to the National Congress and for nine councilors and eighteen representatives to form the legislative assembly of the Territory.

This election passed off with but little excitement. Henry H. Sibley was chosen delegate to the national House of Representatives without opposition. James S. Norris, Samuel Burkled, William H. Forbes, James McC. Boal, David B. Loomis, John Rollins, David Olmsted, William R.Sturges and Martin McLeod were elected members of the council. Those chosen as representatives were: Joseph W. Furber, James Wells, M. S. Wilkinson, Sylvanus Trask, Mahlon Black, Benjamin W. Brunson, Henry Jackson, John L. Dewey, Parsons K. Johnson, Henry F. Setzer, William R. Marshall, William Dugas, Jeremiah Russell, Allen Morrison, Lorenzo A. Babcock, Thomas A. Holmes, Alexis Bailly and Gideon H. Pond.

With this election the organization of the Territorial government was complete, and the people settled down to the enjoyment of life under their local self-government. J. L. Taylor, who had been appointed to the office of United States marshal, declining the office, it was conferred upon Colonel A. M. Mitchell, of Ohio, who reached St. Paul in August.

The first courts were held in accordance with the terms of the proclamation during the month of August. At Stillwater, on the 13th, court was organized with Judge Goodrich presiding, Judge Cooper, by courtesy, sitting with him. On the 20th of the month Judge F. B. Meeker opened court in the government mill at the Falls of St. Anthony, now Minneapolis; the foreman of the grand jury was Franklin Steele. Mendota was the scene of the holding of court for the third judicial district ; David Cooper was the judge. Governor Ramsey was given a seat on the right and judge Goodrich on the left of the presiding judge. Henry H. Sibley was foreman of the grand jury, and for the benefit of those who could not understand English, V. H. Forbes acted as interpreter.

Alexander Ramsey continued governor of the Territory from June 1, 1849, until May 15, 1853,. when he was succeeded by Willis A. Gorman of Indiana, an officer in the American army during the Mexican war. He retained the gubernatorial office until April 23, 1857. when, his term having expired, he was succeeded by Samuel Medary. The latter held the office until the admission of Minnesota to statehood, May 24, 1858.

The other officers of the Territorial government are given officially as follows, with the date of their service:

Secretaries—Charles K. Smith, from June 1,. 1849, to October 23, 1851; Alex. Wilkin, October 23, 1851, to May 15, 1853; Jos. T. Rosser,. May 15. 1853, to April 23, 1857; and Charles L. Chase, from April 23, 1857, to May 24, 1858.

Treasurers —Calvin A. Tuttle, November 3,. 1849 to July 2. 1852; George W. Prescott, July 2, 1853, to February 24, 1854: Charles E. Leonard, February 24, 1854, to May 7, 1857; and George W. Armstrong’, May 7, 1857, until May 24, 1858.

Auditors—J. E. McKusick November 3, 1849, to November 30, 1852: A. Van Vorhees, November 30, 1852, to May 15, 1853; Socrates Nelson, May 15, 1853 to January 17, 1854; Julius Georgii, January 17, 1854, to May 24, 1858.

Attorneys General—Lorenzo A. Babcock,, June 1, 1849, to May 15, 1853; Lafayette Emmett, May 15, 1853, to May 24, 1858.

Chief Justices——Aaron Goodrich, June 1, 1849, to November 13, 1851; Jerome Fuller, November 13, 1851, to December 16, 1852; Henry Z. Hayner, December 16, 1852, to April 7, 1853 (never presided at a term) : William H. Welch, April. 7, 1853, to May 24, 1858.

Associate Justices—David Cooper, June 1, 1849 to April 7, 1853: Bradley 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.

Clerks of Supreme Court—James K. Humphrey, 1850 to 1853 ; Andrew J. Whitney, 1853 to 1854; George W. Prescott, 1854 to 1858.

Reporters of Supreme Court—William Hollinshead, appointed July 7, 1851; Isaac Atwater, appointed March 6, 1852 : John B. Brisbin, appointed February 28; 1854; M. E. Ames, appointed March 20, 1856; Harvey Officer, appointed November 27, 1857.

Delegates to Congress—Henry H.Sibley, January 15, 1849, to March 4, 1853; Henry M. Rice, December 5, 1853, to March 4, 1857; W. W. Kingsbury, December 7, 1857, to May 11, 1858

LEGISLATIVE ASSEMBLY OF THE TERRITORY

The first legislative assembly of the new Territory of Minnesota met on Monday, September 3, 1849, in the Central House at St. Paul, a building that combined the dual purpose of capitol and hotel. On the first floor of the main building was located the representative chamber as well as the office of the secretary of the Territory. On the second floor the council chamber and the library were at home. On organization David Olmsted was chosen president of the council ; Joseph R. Brown, secretary; H. A. Lambert, assistant. In the house, Joseph W. Furber was elected speaker; W. D. Phillips, clerk: and L. B. Wait, assistant. After prayer by Rev. E. D. Neil, the message of Governor Ramsey was received. This was a very able and satisfactory paper. The following counties were organized by this assembly: Itasca, Waubasha, Dahkotah, Wahnahtah, Mankato, Pembina, Washington, Ramsey and Benton. The day of future elect ions was set for the 1st of September. The assembly adjourned November 1st.

The second session of the Territorial legislative assembly assembled January 1, 1851, and contained the following members:

Council—David B. Loomis, president; James S. Norris, Samuel Burkleo, William H. Forbes, James McC. Boal, John Rollins, David Olmsted, William R. Sturges and Martin McLeod.

House—Michael E. Ames, speaker; John A. Ford, James Wells, Sylvanus Trask, Jesse Taylor, Benjamin W. Brunson, J. C. .Ramsey, Edmund Rice, H. L. Tilden, John D, Ludden, John W. North, E. Patch, David Gilman, S. B. Olmsted, W. W. Warren, D. T. Sloan, B. H. ‘Randall, and Alexander Faribault. It adjourned March 31, 1851.

The Territory having been divided into counties, it was apportioned into council districts by this assembly, as follows: 1st. Washington, Itasca and Chisago counties ; 2d, precincts of St. Paul and Little Canada; 3d, precincts of St. Anthony’s Falls; 4th, Wabasha and Washington counties and precincts of St. Paul and Little Canada jointly (Wabasha county to be one representative district); 5th, Benton and Cass counties; 6th, Dakota county; 7th, Pembina county.

The third legislative assembly was convened at the capital January 7, 1852 and adjourned. March 5, following. It was composed of the below named gentlemen:

Council—William H. Forbes, president; Elam Greeley, David B. Loomis, George W. Farrington, William L. Larned, Lorenzo A. Babcock, Sylvanus B. Lowry, Martin McLeod and’ Norman W. Kittson.

House—John D. Ludden, speaker; Martin Leavitt, Mahlon Black, Jesse Taylor, Charles Cave, W. P. Murray, Samuel J. Findley, Jeremiah W. Selby, Joseph F. Fullerton, Sumner W. Farnham, John H. Murphy, F. S. Richards, James Beatty, David Day, James McC. Boal, Benjamin H. Randall, Joseph Rolette and Antoine Gingras.

The fourth general assembly, that of 1853, assembled January 5, and adjourned March 5. It was composed as follows:

Council—Martin McLeod, president; Elam Greeley, D. B. Loomis, George W. Farrington, William H. Forbes, William L. Larned, L. A. Babcock, S. B. Lowry and Norman W. Kittson.

House—David Day, speaker; N. Green Wilcox, John D. Ludden, Albert Stimson, Caleb Traux, William P. Murray, B. W. Lott, J. C. Ramsey, L. M. Oliver, William Noot, R. P. Russell, G. B. Dutton, James Wells, J. McKee, A. F. Ames, B. H. Randall, Joseph Rolette and Antoine Gingras.

The fifth assembly, that of 1854, was convened. January 4, and adjourned March 4. It was constituted as follows:

Council—S. Baldwin Olmsted, president ; John F, Mower. Albert Stimson, William P. Murray, Isaac Van Etten, Charles T. Stearns, William Freeborn, S. B. Olmsted, Joseph R. Brown and Norman W. Kittson.

House—N. C. D. Taylor, speaker; John Fisher, N. C. D. Taylor, Robert Watson, William McKusick, William Noot, William A. Davis, Louis Bartlett, John H. Day, Levi Sloan, Cephas Gardner, Henry S. Plummer, O. M. Lord, R. M. Richardson, Peter Roy, Hezekiah Fletcher, William H. Nobles, Joseph Rolette and Donald G. Morrison.

Sixth, legislature, 1855, assembled January 3, and adjourned March 3:

Council- William P. Murray, president; John E. Mower, Albert Stimson, William P.

Murray, Isaac Van Etten, Charles T. Stearns, William Freeborn,S, B. Olmsted, Joseph R. Brown and N. W. Kittson.

House—James S. Norris, speaker; James F. Dixon, William Willim, James S. Norris, Samuel M. Register, William A. Davis, D. F. Brawley, C. S. Cave, Reuben Haus, Joseph Lemay, A. M. Fridley, Daniel Stanchfleld, Clark W. Thompson, James Beatty, Fred Andros, H. H. Sibley, D. M. Hanson, Joseph Rolette and Charles Grant.

Under the apportionment act of 1855 the state was redistricted as follows:

First council district : Washington, Itasca and Chisago. Superior and Doty counties. 2. Precincts of St. Paul and Little Canada. 3. Precinct of the Falls of St. Anthony; .4. Goodhue, Dodge and Freeborn counties. 5. Benton Cass, Todd, Stearns and Wright. 6. Dakota, Scott and Rice. 7. Pembina county. 8. Houston, Fillmore and Mower. 9. Winona, Olmsted and Wabasha. 10. Le Sueur, Steele, Faribault, Blue Earth, Brown, Nicollet, Sibley, Pierce and Renville. 11. Hennepin (West), Carver and ‘Davis. Total : Council, 15 members ; house, 38 members.

The seventh legislature, that of 1856, assembled January 2, and adjourned March 1. It was composed of the following:

Council—John B. Brisbin, president ; J. D. Ludden, H. N. Setzer, John B. Brisbin, John Rollins, William Freeborn. Lewis Stone, H. G. Bailly, Samuel Dooley, Joseph Rolette, Clark W. Thompson, B. F. Tillotson, St. A. D. Balcombe, W. D. Lowry, C. E. Flandrau and D. M. Hanson.

House—Charles Gardner, of Westervelt, speaker; James S. Norris, Abraham Van Vorhes, Henry A. Jackman, N. C. D. Taylor, William H. Nobles, B. W. Lott, F. Knauft, Ross Wilkinson, Reuben Haus, Sumner W. Farnham, C. W. La Boutillier, Charles Gardner, J. B. Hubbell, John L. Wilson, William Sturgis, M. T. Murphy, O. C. Gibbs, John C. Ide, J. T. Galbraith, John M. Holland, R. Carlisle Burdick, Charles Grant, W. B. Gere, Samuel Hull, William F. Dunbar, William B Covel, Martin G. Thompson, John H. Hartenbauer, Cornelius F. Buck, James Kirkman, Parsons K. Johnson, Aurelius F. de La Vergue, George A. McLeod, James F. Bradley, Thomas W. Pierce, Arva Cleveland, Thomas B. Hunt, Francis Thorndike.

The eighth legislature held two sessions; the regular session was convened January 7, 1857 and adjourned March 7, following. The extra session was held from April 27 to May 23. It was composed of the following named:

Council—John B. Brisbin, president ; John D. Ludden, H. N. Setzer, John B. Brisbin, W. W Wales, William Freeborn, Lewis Stone, Samuel Dooley, H. G. Bailly, Joseph Rolette, B. F. Tillotson. C. W. Thompson, St. A. D. Balcomb W. D. Lowry, P. P. Humphrey and Joel B. Bassett.

House—Joseph W. Furber, speaker; L. K. Stannard, Mahlon Black, Joseph W. Furber, Elam Greeley, William Branch, A. T. Chamblin, William P. Murray, William Costello, J. C. Ramsey, Jonathan Chase, Henry Hechtman, Nelson Payne, W. W. Sweeney, Samuel Abbe, W. W Kingsbury, John L. Wilson, C. P. Adams, J. J. McVey, L. M. Brown, F. J. Whitlock, Morgan L. Noble, Charles Grant, John B. Wilkie, William B. Gere, D. F. Case, W. J. Howell, John M. Berry, M. G. Thompson, Eli B. Barrows, Ephraim L. King, Alonzo P. Foster. Joseph R. Brown, Francis Baasen, O. A. Thomas, John M. Troll, Asa Keith, J. P. Plummer, W. Hayden and Delano T. Smith. At the extra session Charles Jewett served in place of M. L. Noble, resigned.

STATEHOOD

In the early part of 1857 an act was passed by the Congress of the United States to enable the people of Minnesota to hold a convention to form a constitution looking to statehood. This act {was} passed February 26, 1857 and was approved March 3.

In accordance with the terms of this act an election was held for delegates to the constitutional convention, on the first Monday in June 1857. Party spirit ran high and the election was exciting. It resulted in the choice of fifty-nine Republicans and fifty-three Democrats. At midnight previous to the day fixed for the meeting of the convention the Republican members proceeded to the capitol, because the enabling act did not fix at what hour the assembly’ should be called to order. Their fear was that the opposition might anticipate them and elect the officers. Immediately on the stroke of twelve the secretary of the territory entered the speaker’s chair and called those present to order. A motion to adjourn having been made, the Democratic members who happened to be present voted in the affirmative and left the hall, The Republicans, however, remained and proceeded to organize, deeming themselves in the majority. They, at once, entered upon the business of drawing up a state constitution and taking all the necessary steps looking toward statehood. After several days the Democratic wing of the convention also organized and laid claim to being the true body’ of the convention. They also proceeded to draw up a constitution. Both parties conducted themselves in a remarkably intelligent and orderly manner. Nothing was done to mar the peace and decorum of the occasion. After few weeks, however, a conference was called, committees from both sides were appointed which resulted in both sides uniting on the same constitution, which was presented to the state on August 29. Election, in accordance with this constitution, was held for state officers and for the ratification of the constitution October 13, 1857, when it was adopted by’ the people by an almost unanimous vote. The convention was composed of the following gentlemen:

Republican wing, assembled July 13, dissolved August 29; St. A. D. Balcombe, president; F. A. Babcock, secretary; P. A. Cedarstam, W, H. Folsom, L. K. Stannard, Charles F. Lowe, S. W. Putnam, D. M. Hall, D. A. Secombe, P. Winell, L. C. Walker, J. H. Murphy, Charles McClure, Aaron C. Hudson, George Watson, Frank Mantor, Joseph Peckham, Fred. Ayer, John W. North, Thomas Bolles, Oscar F. Perkins, Thomas Foster, T. J. Galbraith, A B. Vaughn, C. W. Thompson, John A. Anderson, Charles A. Coe, N. P. Colburn, James A. McCann, H. A. Billings, Charles Hanson, H. W. Holley, John Cleghorn, A. H. Butler, Robert Lyle, Boyd Phelps, William H. Mills, Charles H. Garnish, Simlow Harding, Nathan B.Robbins, W. J. Duly, Samuel A. Kemp, Thomas Wilson, D. L. King, Benjamin C. Baldwin, Amos Coggswell, Lewis McCune, Edwin P. Davis, Cyrus Aldrich, Wentworth Hayden, R. L. Bartholomew, W. F. Russell, Henry Eschlie, Charles B. Sheldon, David Morgan, E. N. Bates, Albert W. Combs, T. B. Smith and B. E. Messer.

Democratic wing, assembled July 13, dissolved August 29; Henry H. Sibley, president; J. J. Noah, secretary; William Holcombe, James S. Norris, Henry N. Setzer, Gold T. Curtis, Charles G. Leonard, Newington Gilbert, Charles E. Butler, R. H. Sanderson, George L. Becker, Moses Sherburne, D. A. J. Baker, Lafayette Emmett, William P. Murray, W. A. Gorman, William H. Taylor, John S. Prince, Patrick Nash, William B. McGrorty, Paul Faber, M. B. Ames, B. B. Meeker, William M. Lashells, C. A. Tuttle, C. L. Chase, Edwin C. Stacy, Daniel Gilman, H. C. Wait, J. C. Shepley, William Sturgis, J.W. Tenvoorde, W. W. Kingsbury. R. H. Barrett, Robert Kennedy, Daniel J. Burns, Frank Warner, William A. Davis, Joseph Burwell, H. G. Bailey, Andrew Keegan, James McFetridge, J. P. Wilson, J. Jerome, Xavier Cantell, Joseph Rolette, Louis Vasseur, James C. Day, Joseph R. Brown, C. E. Flandrau, Francis Baasen, W.B, McMahan, J. H. Swan and A. E. Ames.

The first session of the state legislature commenced on the first Wednesday of December, 1857. and shortly after elected Henry M. Rice and James Shields as United States senators for the new state.

On the 29th of January, 1858, Stephen A. Douglas, United States senator from Illinois, presented a bill to that august body for the admission of Minnesota into the Union. A heated discussion was held over the matter February 1, in which Senators Brown, Crittenden, Green, Mason, Hale, Douglas and Gwin and others participated. Brown, of Mississippi, thought that the Kansas matter should be straightened out before Minnesota was admitted. Crittenden, an able and wise statesman, poured oil upon the troubled waters and finally, April 7, the bill passed the senate with but three adverse votes.

By a vote of one hundred amid fifty-eight out of one hundred andninety-six cast, the house of representatives passed the bill shortly after. May 11, the bill was approved by the president, and Minnesota took her place as one of the bright stars in the Federal Union.

The state constitution provided for the retention in their respective offices of the territorial officers at the time of the adoption of the organic law of the state until the new state should have been admitted, so they held over until May 24, 1858.

From the time of the organization of the territorial government, at which time Minnesota had but a scattered population of 4,680 white people, until the summer of 1857, the full tide of emigration that flowed into the territory was almost unparalleled. As has been well said: “The immense region that had been acquired was organized into counties, and settlers in great numbers hastened to secure farms in the beautiful valleys and rich prairies which had now passed forever from the possession of their original inhabitants. So rapid was the advance in population and prosperity that speculation in lands and paper-town sites became a mania, and was carried to a pitch unprecedented in the history of the settlement of any country. Everything became inflated, and in the midst of a bewildering and fictitious prosperity came the financial crash of 1857. Many who had supposed themselves rich became suddenly bankrupt. Business was prostrated, and actual suffering in many instances ensued. It was several years before affairs in the territory were again placed on a prosperous footing. The bursting of this bubble had the effect of checking the reckless spirit of speculation, and placing business on a sounder financial basis. The people, profiting by the lesson, inaugurated an era of substantial prosperity, which has attended the progress of the state without interruption to the present time.”

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