USA > Minnesota > Goodhue County > History of Goodhue county, including a sketch of the territory and state of Minnesota > Part 15
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The excursionists numbered one thousand men and women, among whom were ex-President Fillmore, George Bancroft, Professor Silliman, Edward Robinson, L. L. D., Prof. Gibbs and Prof. Larned, of Yale College ; Prof. Parker, of Harvard College; Prof. H. B. Smith, of New York ; Rev. Drs. Vermilye, Spring and Bacon, Charles Sedgwick, Miss Catharine Sedgwick, and many others of note and character. The arrival of the line of steamboats at St. Paul that conveyed the excur- sionists was one day sooner than expected, and before preparations for their reception were completed, but they were right royally received and entertained notwithstanding. The Falls of St. Anthony, Fort Snelling, and other points of interest were visited. In fact, the visitors came to Minnesota on a sight-seeing expedition, and were determined to see all that could be seen or that was worth seeing. And the people of St. Paul, proud to entertain so distinguished a party, gave themselves up to showing them the sights. There was no time for anything else. While the visitors remained, business was almost suspended. Lawyers laid aside their briefs ; territorial politicians and aspirants for place and
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fame, were never more obsequious or graciously condescending ; merchants never wore more smiling faces nor gave better measure; real estate speculators were never more glib of speech or ready to point out the advantages of the growing metropolis of the northwest. Preachers had no time to study and write their sermons in nicely rounded sentences, but were left to speak to their audiences under the influences and inspirations of the occasion. Of the discourses delivered on the Sunday the excursionists remained in St. Paul, Rev. E. D. Neill, then a young man, comparatively speaking, preached one that gave him a national reputation and elicited no small degree of criticism from the Eastern press, especially from the " Daily Times," of New York. The sermon was an impromptu one, the words of which were spoken without previous thought or preparation, and was based upon the following passages of Holy Writ:
Isaiah x1, 3 .- The voice of him that crieth in the wilderness, Prepare ye the way of the Lord, make straight in the desert a highway for our God. Every valley shall be exalted, and every mountain and hill shall be made low; and the crooked shall be made straight, and the rough places plain.
Judges v, 6 .- In the days of Shawgar, the son of Anath, in the days of Joel, the highways were unoccupied, and the travelers walked through byways.
June 29th, following this excursion, Congress passed an act to aid in the construction of a railroad in the Territory of Minnesota. The act was approved by President Pierce, and an order was issued from the general land office to the land offices in Minnesota, withdrawing from sale certain townships on the line of the proposed road, and Minneso- tians rejoiced.
So much for the influence of the excursion with Congress.
Some days after the passage of this act, it was discovered that some alterations had been made in the wording of the bill after it left the House, and on the 24th of July, Mr. Wasliburne, of Illinois, rose to a question of privilege. He stated that a material alteration had been made in the bill after its engrossment. The original wording of the bill was carefully overhauled. The first alteration Mr. Washburne had noticed, was the striking out of the word " future," but this erasure he believed had been made by the committee (on public lands.) "The second alteration, he charged as being made after the bill was engrossed, was the changing of the word ' or,' to the word 'and,' so as to read ' constituted and organized company.' This company, not being consti- tuted and organized, expects to hold these lands under the bill, and he charged this object in the alteration. The word was in a hand different from that of the engrossment. This was a matter affecting deeply the proceedings of the House, and it was due that an examination should
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be made, as the records of this House have been mutilated." He moved for the appointment of a select committee to inquire into the fact, with power to send for persons and papers, and to examine witnesses under oath."
These statements of Mr. Washburne, called out several personal explanations from members, all of whom protested their innocence of any desire to change the wording of the bill for sinister or dishonest purposes. Pending the discussion of these matters, Mr. Letcher, of Virginia, introduced a repeal bill. Some of the members maintained that the House could not take such action, but when the bill (Letcher's) was called up for final action on the morning of the 3rd of August, it passed by a large majority, and the Minnesota land grant bill was repealed.
Mr. Neill says: " The Minnesota and Northwestern Railroad Company, contended that they had complied with the provisions of Congress, and that that body had no right to repeal. A complaint was brought before Judge Welch, at a session of the United States District Court in Good- hue county, against the company. The complaint alleged that the company had cut and carried away five hundred trees, the property of the United States, in Goodhue county. On the fourth of November, Chief Justice Welch, gave judgment in favor of the company. The case was carried up to the Supreme Court of Minnesota, on December sixth, which confirmed the decision of Judge Welch. Chancellor Wal- worth, and other jurists of New York, furnished written opinions that Congress had no right to repeal the act. The case was then taken to the Supreme Court of the United States, and at the December term, 1855, the attorney general moved to dismiss the case, which motion was granted The company triumphed, but the discussion of the subject continued to be agitated for several years. In his message to the Legislature in January, 1855, Governor Gorman "took strong grounds against the railroad charter, and in the United States House of Repre- sentatives, a resolution was passed declaring the charter of the Minnesota and Northwestern Company null. On the 27th of February, the United States Senate refused to approve the resolution that had passed the House, annulling the charter of the company. The news that the charter was not annulled, caused great rejoicing among the friends of the railroad, and on Saturday night, March 24th, there was a general illu- mination of the principal stores and residences of the capital.
" Governor Gorman having vetoed the bill passed by the Minnesota Legislature, amending the act incorporating the Minnesota and North- western Railroad Company, it was again passed in the Legislature on February 21st, by a two-thirds vote and became a law."
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FIRST EXECUTION OF THE DEATH PENALTY.
On the afternoon of the 27th of December, 1855, the first execution of the death penalty was carried into effect by the hanging of a Dakota Indian named Yuhozee, for the murder of a German woman. The circumstances of the murder are thus stated: The murdered woman was traveling with others above Shakopee, when Yuhozee and some other Indians met them. As they gathered about the wagon in which the woman was riding, the Indians became much excited, and Yuhozee punched the woman with his gun. One of the party remonstrated with him for the cowardly act, when he immediately loaded his gun and shot and killed the woman and wounded one of the men. He was arrested and held for trial. His trial came on at the November term (1852) of the United States District Court for Ramsey county, Judge Hayner* presiding. He was found guilty and sentenced to be hanged. Under the laws then existing one convicted of murder could not be executed until twelve months had elapsed, and Yuhozee was ordered into close confinement until the Governor of the Territory should issue a warrant for his execution.
The execution took place in St. Paul. About two o'clock, the pris- oner, dressed in a white shroud, was taken from the old log jail by the officers of the law, and conveyed in a carriage to the place of execution. " He was assisted up the steps that led to the scaffold, where he made a few remarks in his native language, and was then executed. A dis- graceful rabble surrounded the scaffold, and none of the decencies of the law were manifested on the occasion. Numerous * ladies sent in a petition to the Governor asking the pardon of the Indian," but it had no other effect than to elicit from Governor Gorman a lengthy letter of refusal. The letter was couched in firm, but respectful language. We quote the following paragraphs :
"The murder for which this unfortunate child of nature is condemned, was without a shadow of excuse. It was seemingly deliberate, and his victim was of your sex, inno- cent and defenseless. She was murdered by the side of a poor, but no doubt fond and devoted husband, while in the public highway, wending their course to a new home.
" If such criminals should be allowed to escape the stern demands of the law, others of his savage tribe might be tempted to hope for a like release, and commit a like offense; and the danger of such results would be far greater from Indians than from civilized man.
" Every effort that can be has been made to save him by the law. An impartial jury of the county gave him a fair trial, and found him guilty. And there is no just reason known to stay the execution of the law."
* Judge Fuller's nomination was not confirmed and Henry C. Hayner was appointed to the vacancy in 1852.
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This letter was addressed to Mrs. Julia E. Fillmore, Mrs. Anna E. Ramsey, Mrs. E. R. Hollinshead, and others.
SIXTH LEGISLATURE-FIRST BRIDGE OVER THE MISSISSIPPI.
The sixth session of the Legislature commenced on the third day of January, 1855. A number of the old members had been re-elected. William P. Murray, of St. Paul, was chosen to preside over the delib- erations of the Council, and James S. Norris was elected speaker of the House.
The last days of the first month of this year marked an important . period in the history of the capital of the territory, if not in the entire country. In this month was completed at St. Paul the first bridge over the Mississippi between Lake Itasca and the Gulf of Mexico. The com- pletion of this structure added fresh laurels to the character already accredited to Minnesota's capital-ists for energy and enterprise. In honor of the event, and to join with the people in rejoicing over the occasion, the Legislature adjourned over one day. This bridge is made of wire, and is the only one of the many that have since been built over the Father of Waters, that is sufficiently elevated to permit the pas- sage of steamboats without a draw or turn section. It is in nowise an obstruction to navigation. At the time of its completion the patent for the land on which the west piers were built had not issued from the government land office-a remarkable evidence of the wonderful growth and development of the Minnesota country.
The Legislature adjourned on the third of March.
APPORTIONMENT OF 1855-ENLARGEMENT OF THE LEGISLATURE.
In section four of the organic act it was provided that the number of councillors and representatives might be increased by the Legislature from time to time, in proportion to the increase of population, but that the whole number should never exceed fifteen councillors and thirty- nine representatives. In accordance with the provisions of this act, the Legislature of 1855 made a new apportionment and re-districted the State so that the Seventh Legislature consisted of fifteen council- lors and thirty-eight representatives. John B. Brisbin was chosen as president of the Council, and Charles Gardiner was elected speaker of the House. The session commenced on the second day of January, 1856, and adjourned on the first day of March.
The Minnesota and Northwestern Railroad question came before this session as it had come before previous ones. Governor Gorman devoted a good share of his annual message to railroad measures, and expressed
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strong opposition to the old company and the terms and conditions of its charter. He had but little confidence in the honesty of the com- pany or its purpose to carry out, in good faith, its part of the contract as stipulated in the act of incorporation. The Legislature passed an act granting the company an extension of time ; which, contrary to the expectations of the people, was approved and signed by Governor Gorman on the last night of the session.
During the sitting of this legislature, the question of dividing the territory by an east and west line so as to form a new territory north of the forty-sixth degree of latitude, was discussed to some extent, but no definite action was taken, and the proposition ended with the adjourn- ment of the session.
The affairs of the Territory were remarkably tranquil during the spring, summer and fall of 1856. The people were generally too much absorbed in their own personal affairs-making claims, building houses, and otherwise laying foundations for homes, to engage in the discussion of political issues to any extent, and so the season passed away in almost undisturbed quiet.
The eighth and last regular session of the Territorial Legislature convened on the 7th of January, 1857. J. B. Brisbin was elected President of the Council, and J. W. Furber, Speaker of the House.
The most exciting topic attending this session, was the passage of a bill by the House to remove the capitol from St. Paul to St. Peter, on the Minnesota River. The bill, however, failed to become a law. The excitement in and out of the legislature while this measure was pending was intense and absorbing, and was the occasion of the council remain- ing in continued session for a period of one hundred and twenty-three hours, during which time the members partook of their meals and slept in the council chamber.
James Buchanan was elected president in November, 1856, and entered upon the duties of his office on the 4th of March, 1857. This change of the national executive involved a change of territorial officers, and Governor Gorman was succeeded by Samuel Medary, of Ohio, who served until the territory became a state, and was clothed with power to chose its own governor. He served as governor of the territory from April 23, 1857, to May 24, 1858, one year and one month, and was the last territorial governor.
TERRITORIAL DELEGATES TO CONGRESS.
H. H. Sibley, 1849 to 1853.
II. M. Rice, 1853 to 1857.
- - Kingsbury, 1857 to organization of State.
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REPRESENTATIVES TO CONGRESS.
W. W. Phelps, M. C. 1858 to 1860
E. M. Willson, M. C. . 1869 to 1871
J. N. Cavanaugh, M. C. 1858 to 1860
J. T. Averill, M. C .. 1871 to 1875
Wm. Windom, M. C. . 1860 to 1868
M. H. Dunnell, M. C 1871 to 1879
Cyrus Aldrich, M. C. .1860 to 1863 H. B. Strait, M. C ..
.1872 to 1879
I. Donnelly, M. C. 1863 to 1868
W. S. King, M. C ... 1875 to 1877
M. D. Wilkinson, M. C. 1868 to 1870
J. H. Stewart, M. C
1877 to 1879
UNITED STATES SENATORS.
James Shields
1858 to 1861
O. P. Stearns
. 1871 to fill vacancy.
H. M. Rice.
. 1858 to 1863
Alex. Ramsey.
. 1863 to 1875
Wm. Windom
1867 to 1883
M. S. Wilkinson 1861 to 1867
D. S. Norton.
1865 to 1870
S. J. R. McMillan 1875 to 1881
OFFICERS OF MINNESOTA TERRITORY FROM JUNE 1, 1849, TO MAY 24, 1858.
GOVERNORS.
Alexander Ramsey, of Pennsylvania, from June 1, 1849, to May 15, 1853.
Willis A. Gorman, of Indiana, from May 15, 1853, to April 23, 1857. Samuel Medary, from April 23, 1857, to May 24, 1858.
Alexander Ramsey is the only one of the three territorial governors that still survives. Gorman and Medary are both dead.
SECRETARIES ..
Charles K. Smith,* June 1, 1849, to October 23, 1851.
Alexander Wilkin,* October 23, 1851, to May 15, 1853.
Joseph Travis Rosser,* May 15, 1853, to April 15, 1857.
Charles L. Chase, April 23, 1857, to May 24, 1858.
TREASURERS.
Calvin A. Tuttle, November 3, 1849, to 1853.
George W. Prescott, 1853, to 1854.
Charles E. Leonard, 1854, to May 7, 1857.
George W. Armstrong, May 7, 1857, to May 24, 1858.
AUDITORS. J. E. McKusick, November 3, 1849. A. Van Vorhes, to May 15, 1853. Socrates Nelson,* May 15, 1853, to April 23, 1857. Julius Georgii, April 23, 1857, to May 24, 1858.
* Deceased.
S. M. Farrar
LAKE CITY.
DED YUO
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ATTORNEYS GENERAL.
Lorenzo A. Babcock,* June 1, 1849, to May 15, 1853.
Lafayette Emmet, May 15, 1853, to May 24, 1858.
JUDICIAL DEPARTMENT.
CHIEF JUSTICES.
Aaron Goodrich, June 1, 1849, to November 13, 1851.
Jerome Fuller, November 15, 1851.
Henry Z. Hayner, 1852. [Never presided at a term.]
William H. Walsh,* 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 Sherburne,* April 7, 1853, to April 23, 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, January 14, 1850, to 1853. Andrew J. Whitney, 1853, to 1854.
George W. Prescott, 1855, to May 24, 1858.
REPORTERS OF SUPREME COURT.
William Hollinshead,* appointed July 7, 1851.
Isaac Atwater, appointed March, 1852.
John B. Brisbin, appointed February 28, 1854.
M. E. Ames,* appointed March 20, 1856.
Harvey Officer, appointed November 27, 1857.
STATE ORGANIZATION.
An act was passed by Congress on the 23d day of February, 1857, to enable the people of Minnesota to form a State constitution; and during the last days of that session another act was passed making a grant of land in alternate sections, to aid in the construction of certain
* Deceased.
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railroads. The eighth session of the territorial legislature adjourned on the 7th of March, and soon thereafter Governor Gorman issued a proclamation calling an extra session, to take into consideration such measures as were necessary to carry these Congressional enactments into force and effect. The extra session met on the 27th of April, and received the message of Governor Medary, which had been prepared for the occasion and properly transmitted. "An act was passed to execute the trust created by Congress; and the lands, under certain conditions, were given to certain chartered railroad companies." The extra session adjourned on the 23d of May, and on the first Monday in June, an election was held to choose delegates to the constitutional convention, which was called to assemble at St. Paul on the second Monday in July. The election resulted, as was generally believed, in the choice of a majority of Republicans.
The organization of the convention was not harmoniously effected. The enabling act had not fixed the hour at which the convention should meet on the second Monday, and fearing the Democrats might meet and elect the officers of the convention, the Republicans took advantage of the omission, and at midnight of Sunday, before the day of meeting, repaired to the capitol and took possession. A little before noon of Monday the Secretary of the Territory entered the Speaker's place and commenced to call the members to order. At the same time, Delegate J. W. North, acting under a written request from a majority of the members, commenced to do the same thing. Confusion reigned. The Secretary of the Territory put a motion to adjourn, which prevailed, and the Democrats left the hall. The Republicans believing they had a majority of the members, remained and perfected an organization. The two wings were constituted as follows:
REPUBLICAN WING.
1. P. A. Cederstam, W. H. C. Folsom, L. K. Stannard, Charles F. Lowe.
3. S. W. Putnam, D. M. Hall, D. A. Secombe, P. Winell, L. C. Walker, J. H. Murphy.
4. Charles McClure, Aaron G. Hudson, George Watson, Frank Mantor, Joseph Peckham.
5. Fred. Ayer.
6. John W. North, Thomas Bolles, Oscar E. Perkins, Thomas J. Gal- braith, D. D. Dickenson.
8. Alanson B. Vaughan, C. W. Thompson, John A. Anderson, Charles A. Coe, N. P. Colburn, James A. McCann, H. A. Billings, Charles Han-
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son, H. W. Holley, John Cleghorn, A. H. Butler, Robert Lyle, Boyd Phelps.
9. St. A. D. Balcombe, William H. Mills, Charles Gerrish, Simlow Harding, Nathan B. Robbins, W. J. Duly, Samuel A. Kemp, Thomas Wilson, David L. King, Benjamin C. Baldwin.
10. Amos Coggswell, Lewis McCune, Edwin Page Davis.
11. Cyrus Aldrich, Wentworth Hayden, R. L. Bartholomew, W. F. Russell, Henry Eschlie, Charles B. Shelden, David Morgan, E. N. Bates, Albert W. Combs, T. D. Smith, B. E. Messer-59.
St. A. D. Balcombe was elected president, and L. A. Babcock was chosen secretary.
DEMOCRATIC WING.
1. William Holcomb, James S. Norris, Henry N. Setzer, Gould T. Curtis, Charles G. Leonard, Newington Gilbert, Charles E. Butler, R. H. Sanderson.
2. 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, Michael E. Ames.
3. B. B. Meeker, William M. Lashelles, C. A. Tuttle, C. L. Chase.
4. Edwin C. Stacy.
5. Daniel Gilman, H. C. Waite, J. C. Shepley, William Sturgis, J. W. Tenvoorde, W. W. Kingsbury, R. H. Barrett.
6. Henry H. Sibley, Robert Kennedy, Daniel J. Burns, Frank War- ner, William A. Davis, Joseph Burraell, Henry G. Bailey, Andrew Keegan.
7. James McFetridge, J. P. Wilson, J. Jerome, Xavier Cantell, Joseph Rolette, Louis Vasseur.
8. James C. Day.
10. Joseph R. Brown, C. E. Flandrau, Francis Baasen, William B. McMahon, J. H. Swan.
11. Alfred E. Ames-53.
After leaving the Hall of the House of Representatives, the Demo- crats re-assembled in the Senate Chamber, and claiming to be the true body, proceeded to perfect an organization by the election of Henry H. Sibley, as president, and choosing J. J. Noah, as secretary.
Each body proceeded to the work of framing a constitution, each believing it was the legally constituted body. After some days an understanding was reached between the two bodies, and by means of conference committees the same constitution was framed by both wings,
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and submitted to the people, by whom it was ratified at an election held on the 13th of October. The convention dissolved on the 29th of August. The vote in favor of the constitution was almost unanimous.
Section seven of article five of the constitution, provided that "the term of each of the officers named in this article, shall commence on taking the oath of office, after the State shall be admitted by Congress into the Union." On the 29th of January, 1858, Mr. Douglas introduced a bill in the U. S. Senate, for the admission of Minnesota into the Union on terms of equality with the other States. The Kansas question was a disturbing element at that time, and some of the southern Senators were opposed to taking action in regard to the admission of Minnesota, until that question was settled. On the first day of February, a spirited . discussion ensued on the bill, in which Douglas, Wilson, Gavin, Hale, Mason, Green, Brown, and Crittenden, participated. The bill passed the Senate on the 7th of April, with only three dissenting votes. In a few days thereafter, the bill was considered in the House, and agreed to, and out of one hundred and ninety-six votes, one hundred and fifty- eight were cast in favor of admission. On the 11th day of May, 1858, President Buchanan approved and signed the bill, and Minnesota became a sovereign and independent State of the American Union, with the following boundaries :
Beginning at the point in the centre of the main channel of the Red River of the North, where the boundary line between the United States and the British Possessions cross the same ; thence up the main channel of said river to that of the Bois dis Sioux River ; thence up the main channel of said river to Lake Traverse; thence up the center of said lake to the southern extremity thereof ; thence in a direct line to the ' head of Big Stone Lake; thence through its centre to its outlet ; thence by a due south line to the north line of the State of Iowa ; thence east along the northern boundary of the said State to the main channel of the Mississippi River ; thence up the main channel of said river, and following the boundary of the State of Wisconsin, until the same inter- sects the St. Louis River ; thence down the said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and British Possessions ; thence up Pigeon River, and following said dividing line to the place of beginning.
The first State Legislature, consisting of thirty-seven Senators and eighty Representatives, convened on Wednesday, December 2, 1857. Richard G. Murphy presided over the Senate until June 2, when he was succeeded by Lieutenant-Governor Holcombe, who with the
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