History of Rice and Steele counties, Minnesota, Vol. I, Part 5

Author: Curtiss-Wedge, Franklyn; Jewett, Stephen
Publication date: 1910
Publisher: Chicago, H. C. Cooper, Jr.
Number of Pages: 892

USA > Minnesota > Rice County > History of Rice and Steele counties, Minnesota, Vol. I > Part 5
USA > Minnesota > Steele County > History of Rice and Steele counties, Minnesota, Vol. I > Part 5

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Wisconsin Territory. When Wisconsin territory was organ- ized by an act of Congress, April 20, 1836, all the Louisiana purchase north of the state of Missouri was placed under its jurisdiction. This ineluded Dakota county. The boundaries as given at that time were as follows: "Bounded on the east by a line drawn from the northeast corner of the State of Illinois through the middle of Lake Michigan to a point in the middle of said lake and opposite the main channel of Green Bay and through said channel and Green Bay to the mouth of the Me- nominee river, thence through the middle of the main channel of said river to that head of said river nearest the Lake of the Desert, thence in a direct line to the middle of said lake, thence through the middle of the main channel of the Montreal river to its mouth; thence with a direet line across Lake Superior to where the territorial line of the United States last touches said lake, northwest, thence on the north with the said territorial line to the White Earth river (located in what is now Wood county, North Dakota). On the west by a line from the said boundary line, following down the middle of the main channel of the White Earth river to the Missouri river, and down the middle of the main channel of the Missouri river to a point due west from the northwest corner of the state of Missouri; and on the south from said point due east to the northwest corner of the state of Missouri, and thence with the boundaries of the states of Missouri and Illinois as already fixed by aet of congress. (U. S. Statutes at Large, Vol. 5, page 18.) It is inter- esting to note in this connection that two sessions of the Wis- consin territorial legislature were held at what is now Burlington. lowa.

By the act of congress, approved April 20, 1836, from which the boundaries have already been quoted, the executive power in and over the territory was vested in a governor, appointed by the president for a term of three years, whose salary was $2,500 a year. He was also superintendent of Indian affairs, and was required to approve all laws passed by the legislative assembly. The legislative power was vested in a legislative assembly, con- sisting of a council and a house of representatives. The council was to consist of thirteen members and the house of twenty-six members. Representation was to be apportioned at the first election, in proportion to population. The time, place and con-

HISTORY OF RICE AND STEELE COUNTIES

ducting of the first election was appointed and directed by the governor. Every free white male inhabitant who was an inhabi- tant of the territory at the time of its organization was entitled to vote at the first election, and was eligible to office within the territory. The qualifications of voters at subsequent elections was made determinable by the legislative assembly. It was provided, however, that the right of suffrage should be exercised only by citizens of the United States. The governor was re- quired to approve all laws passed by the legislative assembly, and they were required to be submitted to congress and if dis- approved by it, they should be null and of no effect. All the then existing laws of the territory of Michigan were extended over the territory of Wisconsin, subject to being altered, modi- fied or repealed by the governor and legislative assembly.

It seems that no law could take effect without the approval of the governor. By an act of congress, approved March 3, 1839, the governors of the territories of Iowa and Wisconsin were given the veto power, and the council and house of repre- sentatives of these territories were given the power to pass bills over his veto by a two-thirds vote.

Iowa Territory. The territory of Iowa was created by the act of congress, June 12, 1838, which act divided the territory of Wisconsin along the Mississippi river and named the western part, Iowa. The act provided : "That from and after the third day of July, next, all that part of the present territory of Wis- consin which lies west of the Mississippi river and west of a line drawn due south from the head waters or sources of the Mis- sissippi to the territorial lines, shall, for the purpose of temporary government, be and constitute a separate territorial govern- ment, by the name of Iowa." The area now embracing Rice and Steele counties were included within these lines. The act organizing this territory provided that "the existing laws of the territory of Wisconsin shall be extended over said territory so far as they are not incompatible with the provisions of this act, subject nevertheless to be altered, ratified or repealed by the governor and legislative assembly of said territory of Iowa." The legislative assembly was composed of the governor, a coun- cil of thirteen members, and a house of representatives of twenty- six members. The act organizing the territory of Iowa pro- vided that "All the laws of the governor and legislative assembly shall be submitted to and if disapproved by the congress of the United States they shall be null and of no effect." (U. S. Statutes at Large, Vol. 5, page 235.) The judicial officers, jus- tices of the peace, sheriffs and all militia officers were appointed by the governor. The township and county officers were elected by the people in the manner described by the laws of the terri-

HISTORY OF RICE AND STEELE COUNTIES

tory of Wisconsin. The salary of the governor and the judges was fixed at $1,500 each. The jurisdiction of the justices of the peace was limited to $50.

Iowa remained a territory from 1838 to 1846. The greater part of southern and southeastern Minnesota was within the jurisdiction of Clayton county. Henry H. Sibley was a justice of the peace in that county. The county seat was 250 miles distant from his home in Mendota, and his jurisdiction extended over a region of country, which, as he expressed it, was "as large as the Empire of France." A convention of duly author- ized representatives of the people remained in session at Iowa City from October 7 to November 1, 1844, and framed a state constitution. It was provided that the constitution adopted, to- gether with any alterations which might subsequently be made by congress, should be submitted to the people of the territory for their approval or rejection at the township elections in April, 1845. The boundaries of the proposed new state, as defined in the constitution, were as follows: " Thence up in the middle of the main channel of the river last mentioned (the Missouri) to the mouth of the Sioux or Calumet river ; thence in a direct line to the middle of the main channel of the St. Peter's (Minnesota) river, where the Watonwan river-accord- ing to Nicollet's map-enters the same, thence down the middle of the main channel of said river to the middle of the Mississippi river; thence down the middle of said river to the place of begin- ning." This would have included in the state of Iowa, Rice and Steele counties, and in fact, all the counties of what is now Min- nesota that lie south and east of the Minnesota as far as Man- kato, including Faribault county and nearly all of Martin, the greater part of Blue Earth and portions of Watonwan, Cotton- wood and Jackson.

Congress rejected these boundary lines, and March 3. 1845, in its enabling act, substituted the following description of the proposed boundaries : "Beginning at the mouth of the Des Moines river, in the middle of the Mississippi; thence by the middle of the channel of that river to the parallel of latitude passing through the mouth of the Mankato or Blue Earth river ; thence west along said parallei of latitude to a point where it is intersected by a meridian line 17° 30' west of the meridian of Washington City : thence due south to the northern boundary line of the state of Missouri; thence castwardly following that boundary to the point at which the same intersects with the Des Moines river ; thence by the middle of the channel of that river to the place of beginning." Thus the southern boundary of Minnesota would have been on a line due cast from the present city of Mankato to the Mississippi river and due west from the

HISTORY OF RICE AND STEELE COUNTIES

same point to a point in Brown county. This would have in- cluded in Iowa all but a small fraction of the counties of Winona, Olmsted, Dodge, Steele, Waseka and Blue Earth, portions of Brown, Watonwan and Martin; and all of Faribault, Freeborn, Mower, Fillmore and Houston. This reduction in its proposed territory was not pleasing to those citizens of Iowa who wished the state to have its boundaries to include the Minnesota river from the Blue Earth to the Mississippi and the Mississippi from the Minnesota river to the Missouri state line. This changing in the boundary was really a political measure, a part of those bat- tles in congress over free and slave states, which preceded the Civil War. The boundaries as proposed by congress were re- jected by the people of Iowa after a bitter campaign. August 4, 1846, congress passed a second enabling act, which was ac- cepted by the people by a narrow margin of 456, the vote being 9,492 for to 9,036 against. This second act placed the northern boundary of Iowa still further south, but added territory to the west. The northern boundary of Iowa, as described in the en- abling act, was identical with the parallel of 43° 30' north, from the Big Sioux river eastward to the Mississippi. This, with the exception of the short distance from the Big Sioux river to the present western boundary of Minnesota, is the present southern boundary of our state. Minnesota's southern boundary, as thus described, was carefully surveyed and marked within six years of its acceptance by Iowa. The work was authorized March 3, 1849, and two appropriations of $15,000 each were soon made. The survey was completed during the years 1849 to 1852, at a total cost of $32,277.73. Although the work was done with the best instruments then known, an error of twenty-three chains, evidently due to carelessness, was discovered within a year. Iowa was admitted as a state December 28, 1846.

Wisconsin State. Wisconsin soon wished to become a state. The northwestern boundary provoked considerable discussion both in congress and in the two constitutional conventions which were called. There were some who wished to include all the remaining portion of the northwest territory within the boun- daries of the new proposed state. The two prevailing coteries, however, were the ones between whom the fight really centered. One body wished the northwestern boundary of the new state (Wisconsin) to extend up the Mississippi as far as the Rum river, where the city of Anoka is now situated, thence north- eastwardly to the first rapids of the St. Louis river and thence to Lake Superior. The residents of the St. Croix valley, and those living on the east side of the Mississippi, between the St. Croix and the Rum river, constituted the other party and objected to being included in the proposed state of Wisconsin. They

HISTORY OF RICE AND STEELE COUNTIES

declared that they were separated from the settled portions of Wisconsin by hundreds of miles of barren land, and still more greatly separated by a difference in the interests and character of the inhabitants. They proposed that the northwest boundary of the new state should be a line drawn due south from Shag- wamigan bay, on Lake Superior, to the intersection of the main Chippewa river, and from thence down the middle of said river to its debouchure into the Mississippi. Residents of the district affected and also about Fort Snelling and on the west bank of the Mississippi further up joined in a memorial to congress, citing the grave injustice that would be done the proposed terri- tory of Minnesota if it were left without a single point on the Mississippi below St. Anthony's falls, the limit of navigation. Among those who signed this memorial were H. H. Sibley and Alexander Faribault. The result of the controversy was a com- promise adopting a middle line along the St. Croix and St. Louis rivers.

The enabling act for the state of Wisconsin, approved August 6, 1846, provided : "That the people of the territory of Wisconsin be and they are hereby authorized to form a constitution and * with the following boundaries, to wit * state government * thence through the center of Lake Superior to the mouth of the St. Louis river, thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map ; thence due south to the main branch of the River St. Croix; thence down the main channel of said river to the Mississippi; thence down the main channel of said river to the northwest corner of the state of Illinois. thence due

east * * This is the first and incidentally the present description of Minnesota's eastern boundary. (United States Statutes at Large, Vol. 9, page 56.)

The convention that framed the constitution of Wisconsin in 1847-48 strongly desired the Rum river as their eastern boundary. After accepting the boundary chosen by congress the convention recommended a line which, if agreeable to congress, should re- place the one in the enabling act. The proposed boundary, which was rejected, was described as follows: Leaving the aforesaid boundary line at the first rapids of the St. Louis river, thence in a direct line, bearing southwestwardly to the mouth of the Isko- dewabo or Rum river, where the same empties into the Missis- sippi river, thence down the main channel of the said Mississippi river to the aforesaid boundary. (Charters and Constitutions of the United States, Part ii, page 2030.)

Minnesota Territory. The events which led up to the estab- lishing of Minnesota as a territory can be given but brief men- tion here. Sufficient is it to say that for three years after the

HISTORY OF RICE AND STEELE COUNTIES

admission of Iowa (in 1846) the area that is now Minnesota, west of the Mississippi, was practically a no-man's land. Decem- ber 18, 1846, Morgan L. Martin, delegate from Wisconsin terri- tory, gave notice to the house of representatives that "at an early day" he would ask leave to introduce a bill establishing the ter- ritorial government of Minnesota. The name, which is the Indian term for what was then the river St. Peter (Pierre) and has now become its official designation was, it is believed, ap- plied to the proposed territory at the suggestion of Joseph R. Brown. During its consideration by congress the bill under- went various changes. As reported back to the house, the name "Minnesota" had been changed by Stephen A. Douglas to "Itasca." Mr. Martin immediately moved that the name "Min- nesota" be placed in the bill in place of "Itasca." "Chippewa," "Jackson" and "Washington" were also proposed. After many motions, counter motions and amendments, "Minnesota" was placed in the bill, and with a minor change passed the house. In the senate it was rejected. A second attempt was made two years later. January 10, 1848, Stephen A. Douglas gave due notice to the senate that "at a future day" he would introduce a bill to establish the territory of Minnesota. He brought in the bill February 23, It was several times read, was amended, re- ferred to committee and discussed, but congress adjourned August 14 without taking ultimate action on the proposition.

In the meantime Wisconsin was admitted to the Union May 29, 1848, and the western half of what was then St. Croix county was left outside the new state. The settled portions of the area thus cut off from Wisconsin by its admission to statehood privi- leges were in the southern part of the peninsula of land lying between the Mississippi and the St. Croix.

The people of this area were now confronted with a serious problem. As residents of the territory of Wisconsin they had enjoyed the privileges of citizenship in the United States. By the creation of the state of Wisconsin they were disfranchised and left without the benefits of organized government. Thus, Stillwater, which had been the governmental seat of a growing county, was left outside the pale of organized law. Legal minds disagreed on the question of whether the minor civil officers, such as justices of the peace, created under the territorial organi- zation, were still qualified to exercise the authority of their posi- tions. At a meeting held at St. Paul, in July, 1848, the citizens of that (then) village considered the necessity for the formation of a new territory. August 5 a meeting of citizens of the area west of the St. Croix was held at Stillwater, and it was decided to call a general convention at that place, August 26, 1848, for a three-fold purpose: 1-To elect a territorial delegate to con-

HISTORY OF RICE AND STEELE COUNTIES

gress. 2-To organize a territory with a name other than Wis- consin. 3-To determine whether the laws and organization of the old territory of Wisconsin were still in effect now that a part of that territory was organized as a state. In the call for this meeting, the signers called themselves, "We, the undersigned citizens of Minnesota territory." The meeting was held pursu- ant to the call. Action was taken in regard to the first proposi- tion by the election of H. H. Sibley, who was authorized to pro- ceed to Washington and use such efforts as were in his power to secure the organization of the territory of Minnesota. In regard to the second proposition a memorial was addressed to the presi- dent of the United States, stating the reasons why the organiza- tion of Minnesota territory was necessary. The third proposi- tion presented technical points worthy of the attention of the wisest legal minds. The state of Wisconsin had been organized, but the territory of Wisconsin had not been abolished. Was not, therefore, the territory still in existence, and did not its organi- zation and its laws still prevail in the part of the territory that had not been included in the state? If territorial government was in existence would it not give the residents thereof a better standing before the nation in their desire to become Minnesota territory? Might not this technicality give the delegate a seat in congress when otherwise he must, as simply the representative of an unorganized area, make his requests in the lobby and to the individual members? John Catlin, who had been secretary of the territory of Wisconsin before the organization of that state, declared that the territory still existed in the area not included in the organized state and that he was the acting governor. Ac- cordingly, the people of the cut-off portion organized as the "Territory of Wisconsin," and named a day for the election of a delegate. In the closely contested election, held October 30, 1848, Sibly won out against Henry M. Rice and accordingly made his way to Washington, technically from the "Territory of Wis- consin," actually as a representative of the proposed territory of Minnesota. As a matter of fact, indeed, Sibley, living at Men- dota, had ceased to be a citizen of the territory of Wisconsin in 1838, when lowa territory was created, and was a resident of the part of Iowa territory which the organization of the state of Towa had left without a government, rather than of that territory in question (between the Mississippi and the St. Croix) which the admission of Wisconsin as a state had left without a govern- ment. Sibley was, however, after much opposition, admitted to congress and given a seat January 15, 1849. He at once set about securing friends for the proposition to create Minnesota terri- tory. December 4, 1848, a few days previous to Sibley's admis- sion to congress, Stephen A. Douglas had announced that it was

HISTORY OF RICE AND STEELE COUNTIES

his intention to introduce anew a bill to establish the territory of Minnesota. Like the previous attempt, this bill underwent various vicissitudes. As passed, March 3. 1849, the act creating the territory read as follows: "Be it enacted, etc. That front and after the passage of this act, all that part of the territory of the United States which lies within the following limits, to wit: Beginning in the Mississippi river at a point where the line of 43° and 30' of north latitude crosses the same, thence running due west on said line, which is the northern boundary of the state of Iowa, to the northwest corner of the said state of Iowa ; thence sontherly along the western boundary of said state to the point where said boundary strikes the Missouri river; thence up the middle of the main channel of the Missouri river to the mouth of the White Earth river; thence up the middle of the main channel of the White Earth river to the boundary line between the possessions of the United States and Great Britain; thence east and south of east along the boundary line between the possessions of the United States and Great Britain to Lake Superior; thence in a straight line to the northermost point of the state of Wisconsin, in Lake Superior ; thence along the western boundary of the state of Wisconsin to the Missis- sippi river; thence down the main channel of said river to the place of beginning, and the same is hereby erected into a tem- porary government by the name of the territory of Minnesota.

The executive power of the territory of Minnesota was vested in a governor, appointed by the president, whose term of office was four years, unless sooner removed by the president, who was also superintendent of Indian affairs. The legislative power was vested in a governor and a legislative assembly, consisting of a council of nine members, whose term of office was two years, and a house of representatives of eighteen members, whose term of office was one year. It was provided that the number of members in the council and the house might be increased by the legislative assembly from time to time in proportion to the in- crease in population, but that the whole number should not exceed fifteen councillors and thirty-nine representatives. It was provided that the first election should be held at such time and place and be conducted in such manner as the governor should appoint and direct, and that the persons thins elected to the legis- lative assembly should meet at such place, and on such day as the governor should appoint, but thereafter the time and place and manner of holding and conducting all elections by the people, and the apportioning the representatives in the several counties and districts, to the council and house of representatives, ac- cording to the population, should be prescribed by law, as well as the day of the commencement of the regular sessions of the

HISTORY OF RICE AND STEELE COUNTIES

legislative assembly, but that no session should exceed sixty days.

Every white male inhabitants above the age of twenty-one. who was a resident of the territory at the time of the passage of the act, organizing the same, was entitled to vote and eligible to office at the first election. But the qualification of voters and of holding office at all subsequent clections should be such as should be prescribed by the legislative assembly. It was pro- vided by the act that all laws passed by the legislative assembly should be submitted to congress, and if disapproved by it, should be null and of no effect. The laws in force in the territory of Wisconsin after the date of the admission of the state of Wis- consin were continued to be valid and in operation in the terri- tory of Minnesota so far as not incompatible with the provisions of the act of organization of the territory of Minnesota, subject to be altered, modified or repealed by the governor and legis- lative assembly or said territory. All justices of the peace, con- stables, sheriffs and all other judicial and ministerial officers who were in office within the limits of the territory at the time of law organizing the territory was approved were authorized and required to continue to exercise and perform the duties of their respective offices as officers of the territory of Minnesota temporarily and until they, or others, should be appointed and qualified in the manner therein described or until their offices should be abolished.

The governor was given the veto power, and the council and house could pass a bill over his veto by a two-thirds vote. The judicial power of the territory was vested in a supreme court, district court, probate court and in justices of the peace. The supreme court consisted of a chief justice and two associate justices, appointed by the president, whose term of office was four years and whose salary was $1,800 a year.

The territory was by the act of organization required to be divided into three judicial districts, and the district court to be held therein by one of the judges of the supreme court at such times and places as might be prescribed by law, and the judges thereof were required to reside in the districts assigned to them. The clerks of said courts were appointed by the judges thereof.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Rice and Steele counties, Minnesota, Vol. I, Part 5

Author: Curtiss-Wedge, Franklyn; Jewett, Stephen Publication date: 1910 Publisher: Chicago, H. C. Cooper, Jr. Number of Pages: 892

Author: Curtiss-Wedge, Franklyn; Jewett, Stephen
Publication date: 1910
Publisher: Chicago, H. C. Cooper, Jr.
Number of Pages: 892