History of Stearns County, Minnesota, Volume I, Part 8

Author: Mitchell, William Bell, 1843-
Publication date: 1915
Publisher: Chicago : H. S. Cooper
Number of Pages: 964

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The legislature assembled for its third session January 7, 1852, adjourn- ing March 6. The Fifth district was represented in the Council by Sylvanus B. Lowry, who then lived at Watab, and in the house by James Beatty and David Day, the latter then a resident of Long Prairie, but who afterwards removed to St. Paul, where in much later years he was postmaster and super- intended the building of the present court house and city hall. The progres- siveness of the people of Benton county was shown by the early evidences they gave of their appreciation of the importance of agriculture in the development of the territory. At this session of the legislature an act approved March 5, 1852, was passed whereby David Gilman, David Olmstead, Baldwin Olmstead, William Sturgis, Jeremiah Russell, James Beatty, O. H. Kelly, C. W. Han- cock, John Depue and Allen Morrison, with their associates, were constituted a body corporate to be known as the Benton County Agricultural Society. The objects of the society, as set forth in the act, were to be "the collection and dissemination of agricultural knowledge and the encouragement and advance-

HISTORY OF STEARNS COUNTY

ment of agricultural pursuits." These objects were certainly most laudable, but unfortunately all efforts apparently ceased with the passage of the act and no society was organized. As the act for a Ramsey county agricultural society was not passed until the following day and for a similar society for Hennepin county not until a year later, Benton county had the lead, at least so far as legislation was concerned. Hennepin county was created at this session of the legislature.

The fourth session assembled January 5, 1853, and adjourned March 5. The Fifth district was again represented in the council by Sylvanus B. Lowry ; and in the house by David Day (who was elected speaker) and J. McGee.

By an act approved March 5, the counties of Cass and Pembina were at- tached to Benton for judicial purposes, the three to constitute the Third judicial district of the territory (there being but three) and the Hon. Bradley B. Meeker, one of the associate justices of the supreme court, or any judge of the previous session had provided that the terms of the district court should appointed in his stead, was assigned to be the district judge thereof. An act be held on the second Monday in June and December of each year.

Franklin Pierce having been elected president of the United States in the previous November, promptly proceeded after his inauguration, in accordance with the good old Jacksonian doctrine, to remove the Whig officeholders and distribute the spoils among the victors. The new territorial appointees were : Governor, Willis A. Gorman, of Indiana; Secretary, J. T. Rosser, of Virginia ; Chief Justice, W. H. Welch, of Minnesota; Associates, Moses Sherburne, of Maine; and A. G. Chatfield, of Wisconsin. Soon after entering on the duties of his office Governor Gorman concluded a treaty at Watab with the Winne- bago Indians for an exchange of territory. At the election in October Henry M. Rice was elected delegate to Congress.

In 1854 the legislature of Minnesota for the first time assembled in a regular capitol building, its previous sessions having been held haphazard wherever accommodations could be had. This building, begun in 1851, but not completed until the summer of 1853, at a cost of something over $40,000, was totally destroyed by fire on the evening of March 1, 1881, while both branches of the legislature were in session. Some of the more valuable papers in the various offices were saved, but the law library and many thousands of documents and reports were burned. The total loss was about $200,000. The present "Old Capitol" was erected on the site of the first building. The fifth session assembled January 4 and adjourned March 4. The Fifth district was represented in the council by S. B. Olmstead, of Belle Prairie, who was elected president; in the house by R. M. Richardson and Peter Roy.

The sixth legislature assembled January 3, 1855, and adjourned March 3. The Fifth district was represented in the council by S. B. Olmstead; in the house by James Beatty and Fred Andros. A reapportionment of the territory was made at this session, the number of districts being increased from seven to eleven, and the membership to fifteen councilmen and thirty-eight repre- sentatives. The new Fifth district was composed of the counties of Benton, Cass, Todd, Stearns (organized at this session) and Wright. An event of world-wide interest took place when on the afternoon of December 12 a four-

HISTORY OF STEARNS COUNTY

horse vehicle passed through St. Paul bearing the remains of the great Arctic explorer, Sir John Franklin, which were being taken to Canada. The journey from Montreal Island, where the precious relics had been found, was begun August 9 and had continued without interruption from that time.

The seventh legislature assembled January 2, 1856, and adjourned March 1. The Fifth district was represented in the council by Lewis Stone, and in the house by John L. Wilson (of St. Cloud) and William Sturges.

The eighth and last territorial legislature assembled January 7, 1857, ad- journing March 7. The Fifth district was represented in the council by Lewis Stone, and in the house by Samuel B. Abbe, W. W. Kingsbury and John L. Wilson. At this session was the memorable struggle over the removal of the capitol from St. Paul to St. Peter, when "Jo" Rolette, the member who had charge of the removal bill, mysteriously disappeared with that document in his possession and remained in seclusion until the hour for adjournment ar- rived, to the great joy and relief of St. Paul, which thereby retained the capitol.

CHAPTER VIII.

COUNTY REPRESENTATION.

Constitutional Convention-Minnesota Admitted as a State-Men Who Have Represented Stearns County in the Law-Making Bodies of the State- Congressmen Who Have Represented Stearns County in Washington- Boundary Lines of Legislative and Congressional Districts.

Under the enabling act of Congress, approved March 3, 1857, a constitu- tional convention of one hundred eight members (each council district to elect two for each councilman and representative to which it was entitled) was authorized to meet at the capitol in St. Paul on the second Monday in July, the 13th, for the purpose of framing a constitution to be submitted to the people of the territory for their adoption or rejection. Pursuant to a proclamation issued by Samuel Medary, the territorial governor, an election was held the first Monday in June, the number of delegates to be chosen be- ing 108.

In the constitutional convention the Fifth district, consisting of the coun- ties of Benton, Cass, Todd, Stearns and Wright, was represented by eight delegates, of whom seven were Democrats, viz., David Gilman, of Watab, a resident of Minnesota since 1848 and who had been a member of the territorial legislature; William Sturgis, of Little Falls, who also had been a member of the territorial legislature; W. W. Kingsbury, afterwards (1857-8) a delegate to Congress; R. H. Barrett, Henry C. Waite, J. C. Shepley and John W. Tenvoorde, of St. Cloud. Frederick Ayer, the pioneer missionary among the Chippewas, was the only Republican delegate from this district.

The history of this convention is so graphically given by W. H. C. Folsom, who was one of its members, in his interesting volume, "Fifty Years in the Northwest," that we quote it almost entire :

HISTORY OF STEARNS COUNTY

"The state was nearly equally divided between the Republicans and Democrats, still the question of politics did not enter largely into the contest except as a question of party supremacy. The people were a unit on the question of organizing a state government under the enabling act and in many cases there was but a single ticket in the field. It was a matter, therefore, of some surprise that there should be a separation among the delegates into op- posing factions, resulting practically in the formation of two conventions, each claiming to represent the people and each proposing a constitution. The dele- gates, although but 108 were called, were numbered on the rolls of the two wings as 59 Republican and 53 Democratic, a discrepancy arising from some irregularity of enrollment, by which certain memberships were counted twice. The Republican members, claiming a bare majority, took possession of the hall at midnight, twelve hours before the legal time for opening the con- vention, the object being to obtain control of the offices and committees of the convention, a manifest advantage in the matter of deciding upon con- tested seats.

"In obedience to the call of the leaders of the party, issued the day be- fore, the writer, with other Republicans, repaired to the house at the ap- pointed hour, produced his credentials as a delegate, and was conducted into the illuminated hall by Hon. John W. North. The delegates were dispersed variously about the hall, some chatting together, others reading newspapers, smoking or snoring, as here and there one had fallen asleep in his seat. Oc- casionally a delegate nervously examined his revolver as if he anticipated some necessity for its use.

"The Democratic delegates were elsewhere, probably plotting in secret conclave to capture the hall, and perhaps it might be well enough to be pre- pared for the worst. Thus the remainder of the night passed and the forenoon of July 13. As soon as the clock struck twelve the Democratic delegates rushed tumultuously in, as if with the purpose of capturing the speaker's stand. That, however, was already occupied by the Republican delegates and the storming party was obliged to content itself with the lower steps of the stand. Both parties at the moment the clock ceased striking were yelling "order" vocifer- ously, and nominating their officers pro tem. Both parties effected a temporary organization, although in the uproar and confusion it was difficult to know what was done.

"The Democratic wing adjourned at once to the senate chamber and there effected a permanent organization. The Republicans, being left in undis- turbed possession of the hall, perfected their organization, and the two factions set themselves diligently to work to frame a constitution, each claiming to be the legally constituted convention, and expecting recognition as such by the people of the state and congress. The debates in each were acrimonious. A few of the more moderate delegates in each recognized the absurdity and illegality of their position and questioned the propriety of remaining and par- ticipating in proceedings which they could not sanction.

"The conventions continued their sessions inharmoniously enough. Each framed a constitution, at the completion of which a joint committee was ap- pointed to revise and harmonize the two constitutions, but the members of

HISTORY OF STEARNS COUNTY

the committees were as belligerent as the conventions they represented. Mem- bers grew angry, abusing each other with words and even blows, blood being drawn in an argument with bludgeons between two of the delegates. An agreement seemed impossible, when some one whose name has not found its way into history made the happy suggestion that alternate articles of each constitution be adopted. When this was done, and the joint production of the two conventions was in presentable shape, another and almost fatal difficulty arose, as to which wing should be accorded the honor of signing officially this remarkable document. One body or the other must acknowledge the paternity of the hybrid. Ingenuity amounting to genius (it is a pity that the possessor should be unknown) found a new expedient, namely, to write out two consti- tutions in full, exact duplicates except as to signatures, the one to be signed by Democratic officers and members and the other by Republicans. These two constitutions were filed in the archives of the state and one of them, which one will probably never be known, was adopted by the people October 13, 1857.

"The question arises in the writer's mind as to the legality of the constitu- tion of Minnesota. Have we a constitution? If so, which one? The question of legality, however, has never been raised before the proper tribunals, and it is perhaps well to leave it thus unquestioned."

Mr. Folsom is slightly in error. The enabling act did not specify any hour for the meeting of the convention, nor did it designate any definite place in the capitol where the sessions should be held, both of which omissions con- tributed to the confusion in organization. W. W. Folwell, in his "History of Minnesota," narrates the preliminaries as follows: "To make sure of being on hand the Republican delegates repaired to the capitol late on the Sunday night preceding the first Monday in June and remained there, as one of them phrased it, 'to watch and pray for the Democratic brethren.' These did not appear till a few moments before twelve o'clock of the appointed day. Im- mediately upon their entrance in a body into the representatives' hall Charles R. Chase, secretary of the territory and a delegate, proceeded to the speaker's desk and called to order. A motion to adjourn was made by Colonel Gorman, and the question was taken by Chase, who declared it carried. The Demo- crats left the hall to the Republicans, who proceeded to organize the conven- tion. Fifty-six delegates presented credentials in proper form and took their oaths to support the constitution of the United States. At noon of Tuesday the Democratic delegates assembled about the door of the hall, and finding it occupied by citizens who refused to give them place, met in the adjacent council chamber and proceeded to organize the convention. Henry H. Sibley was made chairman, on motion of Joseph R. Brown, and later became presi- dent of the body."

After the adjournment of the constitutional convention the Republicans and Democrats held their party conventions, each nominating a full state ticket and three candidates for Congress. The Republican candidate for gov- ernor was Alexander Ramsey and the Democratic candidate Henry H. Sibley. The election was held October 13, 1857, the constitution being adopted by an overwhelming vote; H. H. Sibley was elected governor by a majority of only 240 in a total of 35,240 votes, and the Democrats had a small majority in the

HISTORY OF STEARNS COUNTY

legislature. By the provisions of the new constitution a re-apportionment of legislative distriets was made, the number of districts being 26, with 37 sen- ators and 80 representatives. The Twentieth district comprised the counties of Benton, Stearns and Meeker, with one senator and three representatives.

First Legislature-1857-8. The first Minnesota state legislature assembled December 2, 1857. There was a serious question, however, as to whether it was really a state legislature, as Minnesota had not yet been admitted to the Union. There was a question as to the recognition of Samuel Medary, the territorial governor, as governor of the state, but by a vote of 59 to 49 he was so recognized by the legislature, and he, in turn, in his message recog- nized the law-making body as a state legislature. None of the state officers could take the oath of office, and the Republican members of the legislature entered a formal protest against any business whatever being done until after the admission of the state as a member of the Union. But the Democrats, having a majority, decided to hold a joint convention December 19 for the election of two United States senators. Henry M. Rice was elected for the long term on the first ballot, but it was not until after several ballotings that General James Shields won the short term. He was a new comer from Illinois and his election was a bitter pill for many of the old Democratie war-horses, such as Sibley, Steele, Brown and Gorman.

As a means of relieving the state from the awkward predicament in which it was placed the legislature adopted March 1 an amendment to the constitu- tion authorizing the newly-elected officers to qualify May 1, whether the state was admitted by that date or not, this amendment to be submitted to the voters at an election called for April 15. A second amendment, submitted at the same time, provided for the famous $5,000,000 railroad bond loan, which was the cause of great loss and great bitterness to the people. Both amend- ments were overwhelmingly adopted, but in November, 1860, the bond amend- ment was expunged from the constitution, after $2,275,000 bonds had been issued. The legislature, March 25, took a reeess until June 2.

In the meantime the steps looking toward the recognition of Minnesota's statehood by Congress had lagged sadly. For some unknown reason President Buchanan had delayed until the middle of January, 1858, transmitting to the United States Senate the constitution adopted by the people. A bill for the admission of Minnesota as a state was introduecd by Stephen A. Douglas, chairman of the committee on territories. When this bill came up February 1 there was a prolonged discussion, a number of the senators being in opposi- tion because it would add another to the number of free states, thus disturbing the "balance of power" between the free and slave states. Among those par- ticipating in the debate were Senators Douglas, Wilson, Gwin, Hale, Mason, Green, Brown and Crittenden, the latter being much more moderate in his expressions than most of his fellow-senators from the South. The debate con- tinued until April 8, when the English bill, which provided for the admission of Kansas as a supposed slave state having passed, the opposition eeased, and Minnesota's bill was adopted by a vote of 49 to 3. The bill then went to the House, where it met the same kind of objections as had been raised in the Senate, the English bill standing in the way until May 4, when it was passed.

HISTORY OF STEARNS COUNTY

One week later, May 11, the bill admitting Minnesota passed the House by a vote of 157 to 38, the following day receiving the approval of the President, and May 12, 1858, Minnesota obtained full recognition as a state in the Union. Informal news of the action of Congress reached St. Paul, by telegraphic in- formation brought from La Crosse, Wisconsin, May 13, but the official notice was not received until some days later, and May 24 the state officers elected in October, 1857, took their oaths of office.

The legislature, which had taken a recess until June 2, reassembled on that day, when Governor Sibley delivered his inaugural address. Among the inany other acts at this session was the establishing of the first of Minnesota's five state normal schools, that at Winona. Final adjournment took place August 12. The senator from the Twentieth district was R. M. Richardson ; representatives, J. B. Atkins, John L. Young and Joseph B. Carpenter.

Second Legislature-1859-60. Assembled December 7; adjourned March 12. The senator from the Twentieth district was C. C. Andrews; representa- tives, George W. Sweet, M. C. Tolman and U. S. Wiley. A new apportion- ment was made at this session of the legislature (1860), the number of dis- tricts being reduced to 21, with 21 senators and 42 representatives. The Third district, which became famous as "the district with nineteen counties," was composed of Stearns, Todd, Cass, Wadena, Otter Tail, Toombs, Breckinridge, Douglas, Beaker, Polk, Pembina, Morrison, Crow Wing, Aitkin, Itasca, Bu- chanan, Carlton, St. Louis and Lake counties, with one senator and three repre- sentatives.

Third Legislature-1861. Assembled January 8; adjourned March 8. The senator from the Third district was Seth Gibbs; representatives, Thomas Cath- cart, Levi Wheeler and P. L. Gregory.

Fourth Legislature-1862. Assembled January 7; adjourned March 7. The senator from the Third district was Sylvanus B. Lowry; representatives, R. M. Richardson, Peter Roy and John Whipple. On account of the Indian outbreak an extra session of the legislature was called by Governor Ramsey, which assembled September 9 and adjourned September 29.

Fifth Legislature-1863. Assembled January 6; adjourned March 6. The senator from the Third district was William S. Moore; representatives, L. R. Bentley, H. C. Waite and R. M. Richardson.

Sixth Legislature-1864. Assembled January 5; adjourned March 4. The senator from the Third district was Joseph P. Wilson; representatives, R. M. Richardson, W. T. Rigby and Charles A. Ruffee.

Seventh Legislature-1865. Assembled January 3; adjourned March 3. The senator from the Third district was Joseph P. Wilson; representatives, Oscar Taylor, Louis A. Evans and W. T. Rigby.

Eighth Legislature-1866. Assembled January 2; adjourned March 2. The senator from the Third district was R. M. Richardson; representatives, Nathan F. Barnes, Thomas Cathcart and Barney Overbeck. The apportion- ment made at this session of the legislature divided the state into 22 districts, with 22 senators and 47 representatives. The Third district was unchanged territorially, but the representation in the house was reduced to two members.

Nintlı Legislature-1867. Assembled January 8; adjourned March 8. The

HISTORY OF STEARNS COUNTY

senator from the Third district was Louis A. Evans; representatives, N. H. Miner and Nathan Richardson.

Tenth Legislature-1868. Assembled January 7; adjourned March 6. The senator from the Third district was Charles A. Gilman; representatives, D. G. Pettijohn and N. H. Miner.

Eleventh Legislature-1869. Assembled January 5; adjourned March 5. Senator, Charles A. Gilman; representatives, Ludwig Robbers and William E. Hicks.

Twelfth Legislature-1870. Assembled January 4; adjourned March 4. Senator, Henry C. Waite; representatives, John L. Wilson and Isaac Thorson.

Thirteenth Legislature-1871. Assembled January 8; adjourned March 3. Senator, Henry C. Waite; representatives, William S. Moore and Luke Mar- vin. It is interesting and somewhat surprising to observe how slight repre- sentation, comparatively, the eastern part of this large district had during these years, while at no time was Stearns county without a member of the senate or the house, if not one in each. A new apportionment was made at this session of the legislature, with 41 senatorial districts, to which were given 106 representatives. Stearns county became the Thirty-first district, with one senator and four representatives.

Fourteenth Legislature-1872. Assembled January 2; adjourned March 1. Senator, E. M. Wright, of St. Cloud. Representatives, John M. Rosenberger, St. Cloud; Randolph Holding, Holding; Martin Greeley, Maine Prairie; Al- phonso Barto, Sauk Centre.

Fifteenth Legislature-1873. Assembled January 7; adjourned March 7. Senator, Henry C. Burbank, St. Cloud. Representatives, Henry Krebs, St. Augusta ; Hubert Rieland, Oak; Bartholomew Pirz, Eden Lake; A. Barto, Sauk Centre.

Sixteenth Legislature-1874. Assembled January 6; adjourned March 6. Senator, Henry C. Burbank, St. Cloud. Representatives, Nathan F. Barnes, St. Cloud; Hubert Rieland, Oak; Charles Walker, Sauk Centre; Joseph Martin, Fair Haven.

Seventeenth Legislature-1875. Assembled January 5; adjourned March 5. Senator, Joseph Capser, Sauk Centre. Representatives, Charles A. Gil- man, St. Cloud; W. Mertz, St. Joseph; B. Pirz, Eden Lake; M. A. Taylor, Melrose.

Eighteenth Legislature-1876. Assembled January 4; adjourned March 3. Senator, Joseph Capser, Sauk Centre. Representatives, Charles A. Gilman, St. Cloud; C. Klosterman, Munson; W. H. Stinchfield, Maine Prairie; C. D. Lamb, Melrose.

Nineteenth Legislature-1877. Assembled January 2; adjourned March 2. Senator, C. F. Macdonald, St. Cloud. Representatives, Edmund Meagher, North Fork; Charles A. Gilman, St. Cloud; G. Klosterman, Munson; B. Pirz, Eden Lake.

Twentieth Legislature-1878. Assembled January 8; adjourned March 8. Senator, C. F. Macdonald, St. Cloud. Representatives, Charles A. Gilman, St. Cloud; D. B. Standley, Maine Prairie; Henry J. Emmel, Spring Hill; H. Rie- land, Oak.

HISTORY OF STEARNS COUNTY

Twenty-first Legislature-1879. Assembled January 7; adjourned March 7. Senator, C. F. Macdonald. Representatives, Charles A. Gilman, St. Cloud; M. Barrett, St. Wendel; F. A. Bissell, Wakefield; A. M. Stiles, Ashley.

Twenty-second Legislature-1881. Assembled January 4; adjourned March 4. (While annual elections were held until 1886, the annual meetings of the legislature ceased with that of 1879, and beginning with 1881 the ses- sions have been biennial). Senator, C. F. Macdonald. Representatives, L. W. Collins, St. Cloud; Carl Herberger, Albany ; D. J. Hanscom, Eden Lake; Alex- ander Moore, Sauk Centre. An extra session of the legislature was called by Governor Pillsbury for the purpose of considering legislation relating to the old railroad bond issue, the supreme court having decided that the expunging amendment of 1860 was in violation of that provision of the constitution of the United States forbidding states from enacting any law impairing the obligation of contracts. The bondholders were more than willing to accept fifty cents on the dollar of the amount due on their bonds, and the legislature passed an act providing for the issue of $4,253,000 so-called "Minnesota state railroad adjustment bonds" with which to settle those claims. At the same time a bill for a constitutional amendment providing for the sale of 500,000 acres of internal improvement lands belonging to the state, the proceeds to be devoted to the payment of the new issue of bonds, was passed and approved by the people. The extra session began October 11 and adjourned November 13. By the apportionment of 1881, made at the regular session, the state was divided into 47 districts with one senator to each and a total of 103 repre- sentatives. Stearns county constituted the Fortieth district, with one senator and four representatives.

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History of Stearns County, Minnesota, Volume I, Part 8

Author: Mitchell, William Bell, 1843- Publication date: 1915 Publisher: Chicago : H. S. Cooper Number of Pages: 964

Author: Mitchell, William Bell, 1843-
Publication date: 1915
Publisher: Chicago : H. S. Cooper
Number of Pages: 964