USA > Minnesota > Rice County > History of Rice and Steele counties, Minnesota, Vol. I > Part 4
USA > Minnesota > Steele County > History of Rice and Steele counties, Minnesota, Vol. I > Part 4
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"Thus, in the most arbitrary manner, did the Mississippi river, though yet unknown, become the property, successively, of the Iberian, Gaulish and Anglo-Saxon races-of three peoples who, in later times, by diplomacy and force of arms, struggled for an actual occupancy. Practically, however, the upper Mississippi valley may be considered as having been in the first place. Canadian soil, for it was Frenchmen from Canada who first vis- ited it and traded with its various native inhabitants. The further prosecution of his discoveries by La Salle, in 1682, ex- tended Canada as a French possession to the Gulf of Mexico. though he did not use the name of Canada nor yet that of New France. He preferred to call the entire country watered by the Mississippi river and its tributaries, from its uttermost source to its mouth, by the new name he had already invented for the purpose-Louisiana. The name of Canada and New France had been indifferently used to express about the same extent of territory, but the name of Louisiana now came to supersede them in being applied to the conjectural regions of the west. Although La Salle has applied the latter expression to the entire valley of the Mississippi, it was not generally used in that sense after his time, the upper part of the region was called Canada. and the lower Louisiana; but the actual dividing line between the two provinces was not absolutely established, and their names and boundaries were variously indicated on published maps. Speaking generally, the Canada of the eighteenth century included the Great Lakes and the country drained by their trib- utaries : the northern one-fourth of the present state of Illinois. that is, as much as lies north of the month of the Rock river ; all the regions lying north of the northern watershed of the Mis- souri, and finally, the valley of the upper Missouri itself." This would include Rice and Steele counties.
But it is now necessary to go back two centuries previous
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and consider the various explorations of the Mississippi upon which were based the claims of the European monarchs. Pos- sibly the mouth of the Mississippi had been reached by Span- iards previous to 1541, possibly Hibernian missionaries as early as the middle of the sixth century, or Welch emigrants (Madoc), about 1170, discovered North America by way of the Gulf of Mexico, but historians give to Hernando de Soto and his band of adventurers the credit of having been the first white men to actually view the Mississippi on its course through the interior of the continent and of being the first ones to actually traverse its waters. De Soto sighted the Mississippi in May, 1541. at the head of an expedition in search of gold and precious stones. In the following spring, weary with hope long deferred, and worn out with his adventures, De Soto fell a victim to disease, and died May 21, 1541. His followers, greatly reduced in number by sickness, after wandering about in a vain searching, built three small vessels and descended to the month of the Mississippi, being the first white men to reach the outlet of that great river from the interior. However, they were too weary and discour- aged to lay claim to the country, and took no notes of the region through which they passed.
May 13, 1673, Jaques Marquette and Louis Joliet, the former a priest, and the latter the commander of the expedition, set out with five assistants, and on June 17, of the same year reached the Mississippi at the present site of Prairie du Chien, thence continuing down the river as far as the mouth of the Illinois, which they ascended; subsequently reaching the lakes.
La Salle, however, was the first to lay claim to the entire valley in the name of his sovereign. After achieving perpetual fame by the discovery of the Ohio river (1670-71), he conceived the plan of reaching the Pacific by way of the northern Missis- sippi (at that time unexplored and supposed to be a waterway connecting the two oceans). Frontenac, then governor-general of Canada, favored the plan, as did the King of France. Ac- cordingly, gathering a company of Frenchmen, he pursued his way through the lakes, made a portage to the Illinois river, and January 4, 1680, reached what is now Peoria, Ill. From there. in 1680, he sent Hennepin and two companions to explore the upper Mississippi. During this voyage Ilennepin, and the men accompanying him, were taken by the Indians as far north as Mille Lacs. Needing reinforcements. La Salle again returned to Canada. In January, 1682, with a band of followers, he started on his third and greatest expedition. February 6, they reached the Mississippi by way of Lake Michigan and the Illi- nois river, and March 6, discovered the three great passages by which the river discharges its waters into the Gulf. Two days
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later they reascended the river a short distance, to find a high spot out of the reach of inundations, and there erected a column and planted a cross, proclaiming with due ceremony the authority of the King of France. Thus did the whole Mississippi valley pass under the nominal sovereignty of the French monarchs.
The first definite claim to the upper Mississippi is embodied in a paper, still preserved, in the Colonial Archives of France, entitled "The record of the taking possession, in his Majesty's name, of the Bay des Puants (Green bay), of the lake and rivers of the Outagamis and Maskoutins (Fox rivers and Lake Winnebago), of the river Ouiskonche (Wisconsin), and that of the Mississippi, the country of the Nadouesioux (the Sioux or Dakota Indians), the rivers St. Croix and St. Pierre (Minnesota), and other places more remote, May 8, 1689." (E. B. O'Callahan's translation in 1855, published in Vol. 9, page 418, "Documents Relating to the Colonial History of the State of New York.") This claim was made by Perrot, and the proclamation was issued from Fort St. Antonie (Anthony) near the present site of Trem- pealeau.
The previous proclamations of St. Lusson in 1671 at the out- let of Lake Superior, of De Luth, in 1679, at the west end of the same lake and at Mille Lacs, had no definite bearing on the land now embraced in Dakota county, but nevertheless strength- ened the French claims of sovereignty.
For over eight decades thereafter, the claims of France were, tacitly at least, recognized in Europe. In 1763 there came a change. Of this change, A. N. Winchell (in Vol. 10, "Minnesota Historical Society Collections") writes: "The present eastern boundary of Minnesota, in part (that is, so far as the Missis- sippi now forms its eastern boundary), has a history beginning at a very early date. In 1763, at the end of that long struggle during which England passed many a mile post in her race for world empire, while France lost nearly as much as Britain gained -that struggle, called in America the French and Indian War- the Mississippi river became an international boundary. The articles of the definite treaty of peace were signed at Paris, on February 10, 1763. The seventh article made the Mississippi, from its source to about the 31st degree of north latitude, the boundary between the English colonies on this continent and the French Louisiana. The text of the article is as follows: (Published in the "Gentleman's Magazine," Vol. 33, pages 121- 126, March, 1763.)
"VII. In order to re-establish peace on solid and durable foundations, and to remove forever all subjects of dispute to the limits of the British and French territories on the continent of America ;- that for the future, the confines between the domains
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of his Britannic Majesty and those of his most Christian Majesty (the King of France) in that part of the world, shall be fixed irrevocably by a line drawn down the middle of the river Missis- sippi, from its source to the river Iberville, and from thence, by a line drawn along the middle of this river, and the Lake Maure- pas and Pontchartrain, to the sea." The boundary from the source of the river further north, or west, or in any direction, was not given ; it was evidently supposed that it would be of no importance, for many centuries, at least.
This seventh article of the definite treaty was identical with the sixth article in the preliminary treaty of peace signed by England, Spain and France, at Fontainebleau, November 3, 1762. On that same day, November 3, 1762, the French and Spanish representatives had signed another act by which the French king "ceded to his cousin of Spain, and his successors forever : all the country known by the name of Louisiana, including New Orleans and the island on which that city is situated." This agreement was kept secret, but when the definite treaty was signed at Paris the following year, this secret pact went into effect, and Spain at once became the possessor of the area described.
At the close of the Revolutionary war, the territory east of the Mississippi, and north of the 31st parallel, passed under the jurisdiction of the United States. By the definite treaty of peace between the United States and Great Britain, ratified at Paris, September 3, 1783, a part of the northern boundary of the United States, and the western boundary thereof was established, as follows: Commencing at the most northwestern point of the Lake of the Woods and from thence on a due course west to the Mississippi river (the Mississippi at that time was thought to extend into what is now Canada), thence by a line to be drawn along the middle of said Mississippi river until it shall intersect the northernmost part of the 31st degree of north latitude. (U. S. Statutes at Large, Vol. 8, page 82.)
In 1800, by the secret treaty of San (or Saint) Ildefonso, (signed October 1), Spain receded the indefinite tract west of the Mississippi to France, which nation did not, however, take formal possession until three years later. Napoleon, for France. sold the tract to the United States, April 30, 1803. The region comprehended in the "Louisiana Purchase," as this area was called, included all the country west of the Mississippi, except those portions west of the Rocky Mountains actually occupied by Spain, and extended as far north as the British territory.
By an act of Congress, approved October 31, 1803, the presi- dent of the United States was authorized to take possession of this territory, the act providing that "all the military, civil, and
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judicial powers exercised by the officers of the existing govern- ment, shall be vested in such person and persons, and shall be exercised in such manner as the president of the United States shall direct." (United States Statutes at Large, Vol. 2, page 245.)
December 20, 1803. Louisiana was formally turned over to the United States at New Orleans, by M. Laussat, the civil agent of France, who a few days previous (November 30) had received a formal transfer from representatives of Spain.
Louisiana District. By an act of Congress, approved March 26, 1804, all of that portion of the country ceded by France to the United States under the name of Louisiana, lying south of the 33rd degree of north latitude, was organized as the territory of Orleans and all the residue thereof was organized as the district of Louisiana. That act contained the following provision: "The executive power now vested in the government of the Indiana territory shall extend to and be exercised in said district of Louisiana. The governor and judges of the Indiana territory shall have power to establish in said district of Louisiana. in- ferior courts and prescribe their jurisdiction and duties and to make all laws which they may deem conducive to the good gov- ernment of all the inhabitants thereof." (United States Statutes at Large, Vol. 2, page. 287). The area set off as the territory of Orleans was admitted as the state of Louisiana in 1812.
Louisiana Territory. By an act of Congress approved March 3, 1805, all that part of the country embraced in the district of Louisiana, was organized as a territory, called the territory of Louisiana. The executive power of that territory was vested in a governor and the legislative power in the governor and three judges, appointed by the president, who were given power to establish inferior courts, and to prescribe their jurisdiction and duties, and to make laws which they might deem conductive to the good government of the inhabitants thereof, which laws were to be reported to the president to be laid before Congress which, if disapproved by Congress, should henceforth cease and be of no effect. (U. S. Statutes at Large, Vol. 2, page 331.)
Missouri Territory. By an act of Congress approved June 4. 1812, it was provided that the territory hitherto called Louisiana should be called Missouri, and was organized as a territory. The executive power of the newly organized Missouri territory was vested in a governor, and the legislative power in a general as- sembly consisting of the governor, a legislative council and a house of representatives. The legislative council consisted of nine members, whose term was five years unless sooner removed by the president of the United States. These members were re- quired to be the owners of 200 acres of land in the territory. They were appointed by the president and were required to be selected
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by him from eighteen persons nominated by the representatives. The house of representatives consisted of thirteen members, elected at the first election from districts designated by the governor. (U. S. Statutes at Large, Vol. 2, page 743.) By an act of Congress approved April 29, 1816, the members of the legislative council were required to be elected by the electors and consisted of one from each county in the territory. (U. S. Statutes at Large, Vol. 3, page 328.)
The struggles in Congress which led to the Missouri Com- promise ; the agreement that all territory west of Missouri and north of parallel 36° 36' should forever be free from the curse of slavery, and the final admission of Missouri with her present boundaries, by presidential proclamation, August 10, 1821, are outside of the province of this history. Sufficient is it to say here that this admission left the land to the northward, including Dakota county, without a fountain head of territorial govern- ment from that date until June 28, 1834, when it was attached to Michigan.
It is now necessary to turn to the events that had been tran- spiring in regard to the government of the area east of the Missis- sippi and northwest of the Ohio river.
The Northwest Territory embraced all the area of the United States northwest of the Ohio river. By the provisions of the famous "Northwest Ordinance," passed July 13, 1787, by the Congress of the Confederation (the constitution of the United States not being adopted until September 17). the Ohio river became the boundary of the territory. The fifth article of the ordinance reads as follows: "Art. 5. There shall be formed in the said (i. e., the Northwest) territory, not less than three, nor more than five states," ****** the western state in the said ter- ritory shall be bounded by the Mississippi, the Ohio and the Wa- bash rivers; a direct line drawn from the Wabash and Post Vin- cents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and the Mississippi. (Sce Executive Documents, 3rd scs- sion, 46th Congress, 1880-81, Vol. 25, Doc. 47, Part 4, pages 153- 156; also United States Statutes at Large, Vol. 1, page 51, note a.) It might here be noted, that the latter reference, while hay- ing no immediate bearing on Rice and Steele counties, will repay the thoughtful reader for the most diligent perusal.
The officers of this territory were to be appointed by Con- gress. The governor was to serve for a term of three years, and it was provided that he should reside in the district and have a freehold estate of 1,000 acres of land while in the exercise of his office. The secretary was to serve for a term of four years, and
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it was specified that he should reside in the district and have a freehold estate therein of 500 acres of land while in the exercise of his office. The court was to consist of three judges, any two of whom could forin a court "who shall have common law juris- diction and reside in the district, and have each therein, a free- hold estate of 500 acres of land while in exercise of their offices, and their commissions shall continue in force during good be- havior.
"The governor and judges or a majority of them, shall adopt and publish in the district such laws of the original states, crimi- nal and civil, as may be necessary and best suited to the circum- stances of the district and report them to congress from time to time until the organization of the general assembly therein, unless disapproved of by congress, but afterward, the legisla- ture shall have the authority to alter them as they shall think fit.
"Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary, for the preservation and good order of the same."
The governor was given power to establish counties and town- ships. In the words of the act: "So soon as there shall be 5,000 free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or town- ship to represent them in the general assembly."
There was to be one representative for every 500 free male inhabitants progressively until the number should amount to twenty-five members, after which the representation was to be regulated by the legislature. To quote again: "The general assembly or legislature shall consist of the governor, legislative council, and the house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by congress." The members of the coun- cil were to be nominated by the representatives, who were to meet and name ten persons, out of which congress was to select the five who should serve. (See Compact.) August 17, 1789, the president was substituted for congress in the exercise of some of the powers conferred upon it. (See also Act of Congress ap- proved May 8, 1792.)
Indiana Territory. The ordinance of 1787 provided for the organization of three "states" out of the Northwest Territory. That same year the Constitution of the United States was adopted. In 1799, Ohio organized a territorial government, but the middle and western "states" did not have, separately, suffi- cient population to warrant the establishment of two separate governments. Congress solved the difficulty by uniting the two
HISTORY OF RICE AND STEELE COUNTIES
under the name of Indiana. The act was passed May 7, 1800, and its first section reads as follows: "Section 1-Be it enacted, etc .. that from and after the fourth day of July next, all that part of the territory of the United States, northwest of the Ohio river, which lies to the westward of a line beginning at the Ohio, oppo- site the mouth of the Kentucky river, and running thence to Fort Recovery, and thence north until it shall intersect the terri- torial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate terri- tory, and be called the Indiana Territory." (U. S. Statutes at Large, Vol. 2, page 58.)
Section 2 of this article provided: "There shall be estab)- lished within said territory a government in all respects similar to that provided by the ordinance of congress, passed on the 13th day of July, 1787, for the government of the territory north- west of the Ohio river; and the inhabitants thereof shall be en- titled to and enjoy all rights, privileges and advantages granted and secured to the people by said ordinance." The officers of the territory were to be appointed by the president.
Section 4 provided : "That so much of the ordinance for the government of the territory of the United States, northwest of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the power thereof, shall be in force and operation in the Indiana territory, wherever satisfac- tory evidence shall be given to the governor thereof that such is the wish of a majority of the freeholders, notwithstanding there may not be therein 5,000 free male inhabitants of the age of twenty-one years and upward. Provided, that until there shall be 5,000 free male inhabitants of twenty-one years of age and up- wards in said territory the whole number of representatives to the general assembly shall not be less than seven nor more than nine, to be apportioned by the governor to the several counties in the said territory agreeably to the number of free males of the age of twenty-one years and upwards which they may respect- ively contain." Indiana was admitted as a state in 1816.
Michigan Territory. By an act of congress passed June 11. 1805, Michigan territory was formed. The boundaries were de- scribed as follows: "All that part of the Indiana territory which lies north of a line drawn cast from the southerly bend or extreme of Lake Michigan until it shall intersect Lake Erie, and cast of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall for the purpose of temporary government constitute a separate territory, to be called Michigan. (U. S. Statutes at Large, Vol. 2. page 300.)
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Additions, noted further along in this article, were later made to this territory.
Illinois Territory. In 1809, settlers had come in so fast that there were sufficient citizens in Indiana territory to support two governments. Accordingly, the territory of Illinois was estab- lished, February 3, 1809, by the following enactment: "Be it enacted, etc., That from and after the first day of March, next, all that part of the Indiana territory which lies west of the Wabash river and a direct line drawn from the said Wabash river and Post Vincennes, due north to the territorial line be- tween the United States and Canada, shall for the purpose of temporary government constitute a separate territory, and be called Illinois. (U. S. Statutes at Large, Vol. 2, page 514.) Illi- nois was admitted as a state in 1818.
Michigan Territory. The population of Illinois continued to increase, and the people were eager for a state government. The southern portion was therefore granted statehood privileges, and the northern portion, mainly unoccupied, was cut off and added to the territory of Michigan, previously created. This transfer of territory was authorized in section 7 of the act passed April 18, 1818, enabling Illinois to form a state government and constitu- tion. The terms of the act are as follows: "Section 7. And be- it further enacted, That all that part of the territory of the United States lying north of the state of Indiana, and which was included in the former Indiana territory, together with that part of the Illinois territory which is situated north of, and not in- cluded within the boundaries prescribed by this act (viz., the boundaries of the state of Illinois) to the state thereby authorized to be formed, shall be and hereby is, attached to and made a part of the Michigan territory. Thus matters remained for six- teen years.
Missouri, in the meantime, had been admitted as a state (1821), and the territory north of that state, and west of the Mississippi, was practically without organized authority from that year until 1834, when the increase of settlement made it advisable that the benefits of some sort of government should be extended to its area. Consequently, Michigan territory was ex- tended to include this vast region. The act so enlarging Michi- gan territory passed congress June 28, 1834, in the following terms: "Be it enacted, etc., That all that part of the territory of the United States, bounded on the east by the Mississippi river, on the south by the state of Missouri, and a line drawn due west from the northwest corner of said state to the Missouri river; on the southwest and west by the Missouri river and the White Earth river, falling into the same, and on the north by the north- ern boundary of the United States, shall be, and hereby is, for the
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purpose of temporary government attached to and made a part of, the territory of Michigan." (U. S. Statutes at Large, Vol. 4. page 701.) In less than two years, certain territory was set apart to form the proposed state of Michigan. This aet passed con- gress April 20, 1836, but Michigan was not admitted until Jan- uary 26, 1837. (U. S. Statutes at Large, Vol. 5, pages 10-16.)
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