USA > Minnesota > Goodhue County > History of Goodhue county, including a sketch of the territory and state of Minnesota > Part 11
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As defined in the act of admission, the western boundary line of Wis- consin divided St. Croix county, leaving all west of St. Croix River in the proposed Territory of Minnesota. This condition of affairs raised the question whether the old territorial government of Wisconsin did not continue in force west of the Mississippi. [And it may here be stated as a fact, and as a condition of affairs without precedent, that when Mr. Sibley appeared as a delegate in Congress at the session of 1848-9, there were senators and representatives present from the State of Wisconsin, and a delegate from the Territory of Wisconsin.]
In July, 1848, a preliminary meeting was held in Jackson's store- room at St. Paul, to consider .the situation and determine upon some plan of united action to bring the question before the authorities at Washington for solution. At that meeting it was determined to call a
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public meeting of the territory to assemble at Stillwater on the 5th day of August .* Jonathan E. McCusick presided at the Stillwater meeting, and William Holcombe acted as secretary. Sundry resolutions were adopted, and the letter of Hon. John Catlin, who had been Secretary of Wisconsin Territory was read, as follows :
MADISON, August 22, 1848.
Hon. WM. HOLCOMBE.
Dear Sir :- I take the liberty to write you briefly for the purpose of ascertaining what the citizens of the present Territory of Wisconsin desire in relation to the organization of a territorial government. Congress adjourned on the 14th inst., without taking any steps to organize the Territory of Minnesota, or of amending the act of 1836, organizing Wisconsin, so that the present government could be successfully continued.
I have given Mr. Bowron, by whom I send this, a copy of Mr. Buchanan's opinion, by which he gives it as his opinion that the laws of Wisconsin are in force in your territory ; and if the laws are in force, I think it is equally clear that the officers necessary to carry out those laws are still in office. After the organization of the State of Michigan, but before her admission, Gen. G. W. Jones was elected by the Territory of Michigan (now Wisconsin) and was allowed to take his seat.
It is my opinion that if your people were to elect a delegate this fall he would be allowed to take his seat in December, and then a government might be fully organized ; and unless a delegate is elected and sent on, I do not believe a government will be organized for several years. You are aware of the difficulty which has prevented the organization of Oregon for two years past; and the same difficulty will prevent the organization of Minnesota. If Mr. Tweedy were to resign, (and he would if requested,) I do not see anything to prevent my issuing a proclamation for an election to fill the vacancy, as the acting governor; but I should not like to do so unless the people would act under it and hold the election.
If a delegate were elected by color of law, Congress never would inquire into the legality of the election.
It is the opinion of most all this way that the government of the Territory of Wiscon- sin still continues, although it is nearly inoperative for want of court and legislation.
I write in haste, and have not time to state further the reasons which lead me to the conclusion that the territorial government is still in being; but you can confer with Mr. Bowron, who, I believe, is in possession of the views and opinions entertained here on the subject.
I shall be pleased to hear from you at your earliest convenience.
Yours, very respectfully,
JOHN CATLIN.
Judge Irvine, Mr. Martin, Gen. Jones, H. N. Wells, A. D. Smith, Chas. H. Larrabee, J. G. Knapp, and many others, entertain the opinion the territorial government of Wisconsin was not abolished by the admission of the State of Wisconsin, but is still in being in that part of the former territory not included within the limits of the State. Gov. Dewey told me he had no doubt on the subject.
The following is the opinion of the Hon. James Buchanan, Secretary of State, referred to in Mr. Catlin's letter, to-wit :
"The question is, whether the laws of the Territory of Wisconsin, still remain in force
* " Annals," 1851.
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in that portion of it now beyond the limits of Wisconsin. I am clearly of opinion that these laws are still in force over the territory not embraced within the limits of the State. It cannot well be supposed that Congress, by admitting the State of Wisconsin into the Union, intended to deprive the citizens of the United States, beyond its limits, of the protection of existing laws; and there is nothing in their legislation from which any such inference can be drawn. The difficult question is, what officers still remain to carry those laws into execution ? It is clear to my mind that all the local officers residing in counties without the State line, such as judges of probate, sheriff's, justices of the peace, and constables, may exercise their appropriate functions as heretofore. Whether the general officers, such as Governor, Secretary and Judges, appointed for the whole of the former territory, are authorized to perform their duties within what remains of it, pre- sents a question of greater difficulty, on which I express no opinion. Whatever may be the correct decision of this question, immediate legislation is required; because it is very certain that Congress will never consent to maintain the machinery provided by the government of the entire territory, merely for the purpose of governing the twenty-five hundred or three thousand inhabitants who reside beyond the limits of the State."
A second public meeting took place agreeably to the following no- tice, to-wit :
NOTICE.
We, the undersigned, citizens of Minnesota Territory, impressed with the necessity of taking measures to secure an early territorial organization, and that those measures should be taken by the people with unity of action, respectfully recommend that the people of the several settlements in the proposed territory, appoint delegates to meet in convention at Stillwater, on the 26th day of August next, to adopt the necessary steps for that purpose.
STILLWATER, Aug. 4, 1848. [Signed : ]
LOUIS ROBERTS, C. CARLI,
JACOB FISHER,
H. L. Moss,
H. H. SIBLEY,
JNO. R. BREWSTER,
JOHN COLLIER,
S. NELSON,
JNO. MCKUSICK,
H. K. MCKINSTRY,
Jos. R. BROWN,
FRANKLIN STEELE,
M. S. WILKINSON,
JAMES D. McCOMB,
W. HOLCOMBE,
P. A. R. BRACE,
ANSON NORTHRUP,
HORACE JACOBS.
Proceedings of a Territorial Convention held at the Court House at the town of Still- water, in the county of St. Croix, and Territory of Wisconsin, on the 26th day of August, 1848, in accordance with the above notice.
The delegates to the convention assembled at the court house at 10 o'clock, A. M.
On motion of Mr. Jos. R. Brown, the convention was temporarily organized by the election of M. S. Wilkinson, Esq., of Stillwater, as president, and David Lambert, of St. Paul, as secretary.
Mr. Joseph R. Brown offered the following resolution :
Resolved, That a committe of five be appointed to select a president, two vice-presi- dents and two secretaries as the permanent officers of this convention.
Which having been adopted, the chair appointed Messrs. Brown, Jackson, Fisher, Nelson and Sibley as such committee.
The committee retired, and after consultation, reported through their chairman the following gentlemen as officers of the convention :
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President, Samuel Berkleo; vice-presidents, Robert Kennedy, Joshua L. Taylor; secretaries, William Holcomb and David Lambert.
On motion of Henry Jackson, Esq., the report was accepted, and the committee discharged. The above named gentlemen were then unani- mously elected to fill the several offices designated in the report.
The following resolution was then offered by Mr. Joseph R. Brown :
Resolved, That a committee of seven members be appointed to draft a memorial to Congress for the early organization of the Territory of Minnesota, and to report such further proceedings as they may think proper for the action of this convention.
Which was adopted. The chair appointed the following gentlemen as members of this committee under the above resolution, viz .: Messrs. Joseph R. Brown, Calvin Leach, H. H. Sibley, S. Nelson, M. S. Wilkin- son, H. Jackson and H. L. Moss.
On motion of M. Larpenteur, the convention then took a recess until half-past one o'clock, P. M.
HALF PAST ONE O'CLOCK, P. M.
Mr. J. R. Brown, as chairman of the committee of seven, reported a memorial to Congress, and one to the President of the United States, on the subject of the organization of the Territory, together with the following preamble and resolution :
WHEREAS, By the admission of Wisconsin and Iowa into the Union with the bounda- ries prescribed by Congress, we, the inhabitants of the country formerly a portion of said territories, are left without a government or officers to administer the laws; and
WHEREAS, By the omission of Congress to organize a separate territorial government for the region of country which we inhabit, we are placed in the unparalleled position of being disfranchised of the rights and privileges which were guaranteed to us under the Ordinance of 1787; and without any fault of our own, and with every desire to be gov- erned by laws, are in fact without adequate legal protection for our lives or property ; and
WHEREAS, Having patiently awaited the action of Congress during its late session, under the full hope and confidence that before the adjournment of that honorable body, a bill would have been passed for the organization of a territorial government to embrace our section of the country, we have been disappointed in our hopes, and cannot believe that the omission of Congress to act in the premises can proceed from any other cause than the want of an adequate acquaintance with the position in which we are placed, the character of the country, its population and resources ; therefore be it
Resolved, That a memorial be addressed to the Senate and House of Representatives in Congress assembled, and also to his Excellency the President of the United States, respectfully requesting that he will invite the attention of that honorable body, in his annual message, to action in the premises.
Resolved, That a delegate be appointed by this convention, with full power to act, whose duty it shall be to visit Washington during the ensuing session of Congress, and there to represent the interests of the proposed territory, and to urge an immediate organization of the same.
Resolved, That a committee of three persons be appointed by the president of this convention, residing upon the waters of the St. Croix, and three residing upon the waters of the Mississippi, who shall collect information relative to the amount of business
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transacted and capital employed within the limits of Minnesota Territory, and forward such information, as soon as may be, to our delegate.
Resolved, That there shall be a committee of seven appointed by the President of this Convention, to act as a central committee, whose duty it shall be to correspond with our Delegate at Washington, and to adopt all other proper means to forward the objects of this Convention.
The memorials, preamble and resolutions were severally read and unanimously adopted.
On motion of Mr. Wilkinson, the convention then proceeded to the election of a delegate to represent the interests of the territory at Washington.
On the first ballot, Mr. H. H. Sibley, having received a majority of all the votes cast, was, on motion of Joseph R. Brown, declared unani- mously elected by the convention.
The chair appointed Messrs. J. R. Brown and P. A. R. Brace to wait on Mr. Sibley and inform him of his election.
Mr. Sibley then made his appearance in the convention, and accepted the office conferred upon him in a few brief and appropriate remarks :
Mr. Wilkinson offered the following resolution, which was adopted :
Resolved, That the thanks of this convention be rendered to Benjamin H. Cheever. Esquire, for the exertions he used at Washington city, last winter, to procure the pas- sage of a bill through Congress for the organization of the Territory of Minnesota.
The chair announced the following gentlemen as the committee to collect information as to business, capital, &c. :
On the Mississippi-Messrs. Steele, Jackson and Hurtzell.
On the St. Croix-Messrs. Holcombe, Walker and Taylor.
Also, the following named gentlemen to constitute the central com- mittee :
H. L. Moss, David Lambert, Franklin Steele, Levi Hurtzell, S. Nelson, Orange Walker, Joshua L. Taylor.
Mr. Brown submitted the following resolution, which was adopted :
Resolved, That the proceedings of this convention be signed by the officers thereof, and forwarded by the secretaries to the editors of the Prairie du Chien Patriot, the Mad- ison, Dubuque and Galena papers, and the Washington Union and National Intelli- gencer, with a request for publication.
Mr. Wilkinson offered the following resolution, which was adopted :
Resolved, That the president of this convention is required to issue a certificate to H. H. Sibley, signed by himseif, the vice presidents and secretaries, certifying that he is a duiy elected delegate under resolution and action of this convention.
On motion of Joseph R. Brown, the following resolution was adopted :
Resolved, That our delegate be requested to cause the orthography of Minnesota (when the organization of the Territory shall be effected,) to be according to that used in this resolution.
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Mr. Moss offered the following resolution, which was adopted :
Resolved, That the secretaries prepare copies of the memorials to the president of the United States, and to Congress, adopted by this convention, with the signatures of members attached thereto, and furnish the same to Mr. H. H. Sibley, our delegate, before his departure to Washington.
The memorials were then signed by all the delegates to the conven- tion, amounting to sixty-one signatures.
Mr. Wilkinson moved a vote of thanks to the officers of the conven- tion, which was ordered.
On motion of Mr. Moss, the convention adjourned sine die.
MEMORIAL TO HIS EXCELLENCY JAMES K. POLK, PRESIDENT OF THE UNITED STATES.
Your memorialists, citizens of the Territory of the Northwestern boundary of Wis- consin, and of the Northern boundary of Iowa, ask leave respectfully to represent :
That the region of country which they inhabit formed formerly a portion of the Ter- ritories of Iowa and Wisconsin, subject to the laws and government of those Territo- ries ; and a judicial circuit, having within its limits a seat of justice, where sessions of the district court have been held, and the records of the court are deposited, had been established.
That this region of country is settled by a population of nearly 5,000 persons, who are engaged in various industrial pursuits ; that it contains valuable pine forests, excellent arable land, mineral treasures, almost unequaled facilities for mills and manufactories, and possessing an exceedingly healthful climate, is capable of sustaining a dense and prosperous population ; that its population is now constantly and rapidly increasing, and is characterized by industry, energy and sobriety.
That by the admission of Wisconsin into the Union with the boundaries prescribed by Congress, and the omission by that body to pass a law for the organization of a new territory, embracing the portion of country inhabited by your memorialists, they and all their fellow citizens are left without officers to administer and execute the laws. That having once enjoyed the rights and privileges of citizens of a territory of the United States, they are now, without fault or blame of their own, virtually disfranchised.
They have no securities for their lives or property, but those which exist in mutual good understanding. Meanwhile all proceedings in criminal cases, and all process for the collection of debts, are suspended ; credit exists only so far as a perfect confidence in mutual good faith extends, and all the operations of business are embarrassed.
Your memorialists would respectfully represent, that even in a well ordered and law- abiding community, such as they feel pride in declaring their own to be, such a state of affairs is fraught with evils and dangers. Its continuance will tend to prevent the im- migration of the more valuable class of citizens of the United States, while it will open a door of invitation and allurement to the lawless and desperate. It will foster dishon- est and disorderly principles and actions among their citizens, and if suffered to exist for a long period, will bring ruin upon a prosperous and fertile region.
They would further represent, that having been disappointed in their confident hopes that Congress would by its action at the late session of that honorable body, have re- lieved them from the painful position in which they are placed, by the passage of a law for the organization of a new territory in the limits of which they should have been embraced, they now most respectfully lay their case before the highest executive author-
.
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ity, earnestly asking that your excellency will call the attention of Congress to their situation at the opening of the next annual session, and recommend the early organiza- tion of the territory of Minnesota.
And your memorialists will ever pray, &c.
JOSEPH R. BROWN, Crow Wing.
STEPHEN DENOYER, St. Anthony Falls.
VETAL GUERIN, St. Paul.
A. L. LARPENTEUR, St. Paul.
C. F. LEACH, Stillwater.
DAVID HEBERT, St. Paul.
OLIVER ROSSEAU, St. Paul.
H. L. Moss, Stillwater. MORTON T. WILKINSON, Stillwater.
ANDREA GODFREY, St. Paul.
DAVID LAMBERT, St. Paul.
JOSEPH RESH, St. Anthony.
W. HOLCOMBE, Stillwater. J. W. SIMPSON, St. Paul.
PASCHAL ST. MARTIN, St. Anthony.
JOSEPH RONDO, Sauk Rapids.
HENRY H. SIBLEY, Mendota.
H. CHEVRI, Raccicot.
H. JACKSON, St. Paul. JACOB FISHER, Stillwater.
PETER QUINN, Raccicot.
JOHN BANFIELD, Rice Creek.
DAVID T. SLOAN, Sauk Rapids.
D. T. HOLMES, Sauk Rapids.
. WILLIAM FOREMAN, Stillwater. R. B. JOHNSON, Stillwater. MAHLAN BLACK, Stillwater.
W. R. VAIL, Stillwater.
H. K. MCKINSTRY, Stillwater.
EDWARD BLAKE, Spunk Creek.
MICHAEL PHALAN, Crow Wing.
S. NELSON, Stillwater. C. CARLI, Stillwater. WM. STINCHFIELD, Stillwater.
J. B. CORY, Cornelian Lake. N. B. FERRELL, Rum River. P. FLINN, Rum River. JOHN W. MCLAUGHLIN, Cottage Grove.
JOHN DAY, Stillwater.
JOHN MORGAN, Stillwater. LOUIS ROBERT, St. Paul.
J. L. TAYLOR, Falls of St. Croix, Westside.
SAMUEL BURKLEO, Stillwater.
ROBERT KENNEDY, Pa. Farm.
WILLIAM WILLIM, Stillwater.
WM. R. BROWN, Red Rock Prairie.
FRANCIS MARRAN, Gervais' Mill.
JOHN A. FORD, Red Rock Prairie.
JAMES S. NORRIS, Cottage Grove.
PETER GERVAIS, Gervais' Mill.
P. A. R. BRACE, Stillwater.
A. R. FRENCH, St. Anthony Falls.
RICHARD MCDONALD, Little Rock.
JAMES D. MCCOMB, Point Douglas. SAMUEL F. BROWN, Boles' Mill.
EDWARD PHALEN, Prospect Mill. WM. G. CARTER, Prospect Mill.
JAMES PATTEN, Pt. Douglas.
D. MCDONALD, Crow Wing.
Hon. John H. Tweedy having resigned his office of delegate to Con- gress on Sept. 18, 1848, Hon. John Catlin, claiming to be acting Gov- ernor of Wisconsin Territory, issued, on October 9th, a proclamation dated at Stillwater, where he was temporarily residing, ordering a special election at that piace to fill the vacancy. Said election was accordingly held on the 30th day of October, 1848. Hon. H. H. Sibley being elected the delegate, attended the session of Congress of 1848-9 as such, and after the adjournment thereof published [in the Minnesota Pioneer ] an address to the people of Minnesota Territory, from which we extract. Mr. Sibley says in that address :
I arrived in Washington two days before Congress convened, and I soon became convinced that my admission as delegate was extremely uncertain, in fact I may say absolutely improbable. My credentials were presented on the first day of the session by the Hon. James Wilson, of New Hampshire, in whose hands they were placed, because
WM. AITKIN, Little Rock. JAMES R. CLEWETT, St. Paul.
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he had formerly resided in Iowa, and might be supposed to be better informed as to our situation and geographical position than any other member. Yet, though the case was by him set forth in a clear and strong light, and no objection was raised to my admission, my claim was referred to the committee on elections, with instructions to examine and report thereon. I will not enter into a detail of the mortifications and vexatious delays to which I was subjected from that time until the question was decided, six weeks after.
Although permitted through courtesy to occupy a seat in the house, I was allowed none of the privileges of a delegate, and indeed I was a little more than a lobby member. Meanwhile, my claim was resisted with bitter pertinacity by certain individuals of the committee, particularly by the Honorable Mr. Boyden, of North Carolina, who made a long and labored argument against my right to a seat, and ridiculed the pretension that a territorial organization still existed in the country north and west of the State of Wis- consin. I made a reply before the committee, the substance of which will be found appended to this address. You can judge whether your rights were properly sustained and defended. Finally, the majority of the committee reported in my favor, and the minority presented a strong counter protest. On the 15th of January, the subject was . brought before the House, and the resolution introduced by the majority of the commit- tee was adopted by a strong vote, which admitted me to the full enjoyment of the priv- ileges of a delegate. I should have mentioned that my argument, in answer to the speech of Mr. Boyden, was made the basis of the report of the committee on elections, a copy having been furnished by me to the chairman at his request.
Notwithstanding the decision of the House of Representatives, which recognized me as the representative of Wisconsin Territory, it was publically stated by many members who had voted for my reception, that they did not intend thereby to admit the existence of an organization there, but had been actuated merely by motives of courtesy. Now this fact was made evident but a few days subsequently, when one of my opponents, being determined to test the question, moved to add an item to the general appropria- tion bill for defraying the expenses of Wisconsin Territory for the ensuing year, which motion was negatived by a large majority.
The House was then taunted with having admitted a delegate to represent a territory which had in reality no legal existence. The great object to which I turned my attention was the bill for the organization of Minnesota Territory. I was kindly allowed by the Committee on Territories of the Senate, to change certain provisions of the bill, so as to meet the wishes of my constituents, and but little difficulty was experienced in pro- curing its passage by that body, But with the House the case was far different. The bill was there most violently opposed. The Committee on Territories had reported amendments to the Senate bill, changing the boundary of Minnesota, and making the act to take effect on the 10th of March, instead of the day of its passage, so as to pre- clude the administration of Mr. Polk from making the appointments. I was averse to these changes, because we had already sufficient territory, without extending our boundary to the Missouri River; and as to the appointments, I stated that Mr. Polk would only exercise the right to nominate two or three of the officers, and that under any circumstances the proposed amendment was, to my view, a breach of delicacy and propriety ; but in both points I was overruled.
An effort was made, in committee, to append the Wilmot Proviso to the territorial bill; but this I resisted, as I determined, as far as it was in my power, not to allow it to be clogged by a provision wholly superfluous, as the introduction of slavery was pro- hibited on the east of the Mississippi by the ordinance of 1787, and on the west of that river by the act of 1819, establishing the Missouri line. The proposition was therefore voted down before the bill was reported to the House, but was brought in as an amend- ment by the minority of the committee, and was only kept from being adopted, and producing consequently a fierce and angry discussion, which would have resulted in the loss of the bill, by my moving and refusing to withdraw the previous question, which cut off all amendments.
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On the 22d of February, I moved that the rules of the House be suspended,* to enable me to submit a motion, that a Committee of the Whole be discharged from the further consideration of the bill for the organization of Minnesota Territory, so as to put it upon its passage. The rules were suspended by a vote of 100 to 16, and the struggle then commenced upon my moving the previous question. I turned a deaf ear to all entreaties to withdraw it, and I thereby incurred the ire of those who were inimical to the bill. But after an attempt to lay it on the table, or in other words, to defeat it, which was unsuccessful, it was finally ordered to a third reading, and all opposition to it ceased. It was finally passed on the 2d of March, and sent to the Senate, which body refused to concur in the House amendment, changing the date when the bill was to take effect. By great exertion on the part of my friends and myself, the House was at length persuaded to recede from its amendment, and the bill was passed and became a law on the 3d of March, 1849.
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