Chapter LXII: Appendix (2)

7. Eleazer R. Steves; Lots 1 and 2, Sec. 14, T. 29, R. 20, east of river; gold, $9.66; silver, $54.85; $64 51-100 (now Hudson).

8 and 9. Stephen Harris; N. 1/2 of S. E. 1/4 and E. 1/2 of S. W. 1/4, Sec. 22, T. 29, R. 20.

10. Himan W. Greely; E. 1/2 of N. E. 1/4, Sec. 22, T. 29, R. 20, gold.

11 and 12. Albert N. Judd; W. 1/2 of S. E. 1/4 and E. 1/2 of S. W. 1/4, Sec. 22, T. 29, R. 20, gold.

13 and 14. Louis Massey; E. 1/2 of S. W. and Lots 1 and 2, Sec. 24, T. 29, R. 20, silver; east of Lake St. Croix (now Hudson).

15 and 16. Peter F. Bouchea, Lot 1, east of river, Sec. 25, T. 29, R. 20 and Lot 2, Sec. 25, T. 29, R. 20; gold, $63 22-100; silver, $10--$73 22-100.

17 and 18. John O'Brien; Lot 3, Sec. 26, T. 29, R. 20 and W. 1/2 of S. W. 1/4, Sec. 26, T. 29, R. 20, silver and gold (now Lakeland).

19 and 20. Albert H. Judd; E. 1/2 of N. E. 1/4, and W. 1/2 of N. W. 1/4, Sec. 22, T. 29, R. 20, gold.

21. Himan W. Greely; W. 1/2 of N. E. 1/4, Sec. 22, T. 29, R. 20, gold.

The above are all the purchasers at the first sale of land in the valley at St. Croix Falls. Sale was continued from day to day until townships 25 to 31 of ranges 19 and 20 were offered, covering the settlement of St. Anthony Falls, St. Paul, Cottage Grove, and Point Douglas.

The United States land office was moved from St. Croix Falls to Stillwater in September, 1849. The first public sale of lands at Stillwater was Oct. 9, 1849. The office was held in Stillwater nine years. In October, 1858, it was moved to Cambridge, Isanti county; November 3d the first sale of lands was held at Cambridge. April 7, 1860, the office was burned, many valuable papers were destroyed, and many records were replaced from the archives at Washington. July 5, 1860, the office was moved to Sunrise, and Oct. 8, 1868, it was moved to Taylor's Falls, where it is at the present time (1888).

LIST OF OFFICERS.

RECEIVERS. APPOINTED.

Samuel Leech 1848 N. Green Wilcox 1849 Jonathan E. McKusick 1852 William Holcomb 1853 Milton H. Abbott 1857 William H. Mower 1860 Lucas K. Stannard 1861 Oscar Roos 1871 George B. Folsom 1875 Peter H. Stolberg 1884 E. A. Umland 1887

REGISTERS. APPOINTED.

Charles S. Whitney 1848 Abraham Van Voorhes 1849 A. Pierce 1852 Thomas E. Fullerton 1853 Charles G. Wagner 1857 Henry N. Setzer 1860 Granville M. Stickney 1861 Charles B. Whiting 1864 William Comer 1666 John P. Owens 1869 Lucas K. Stannard 1884

The records do not show the date of commission of any officer; we gather the dates as near as possible from recorded correspondence.

TERRITORIAL GOVERNMENT OF WISCONSIN.

Governors: Henry Dodge, 1836-41; James Duane Doty, 1841-44; N. P. Talmadge, 1844-45; Henry Dodge, 1845-48.

Delegates to Congress: George W. Jones, 1836-37; James D. Doty, 1837-41; Henry Dodge, 1841-45; Morgan L. Martin, 1845-47; John H. Tweedy, 1847-48.

Chief Justice: Charles Dunn, 1836-48.

FIRST LEGISLATURE--REPRESENTATIVES OF CRAWFORD COUNTY.

First Session, 1836--Council: Thomas P. Burnett.[G] (Rejected by a ruling of Gov. Dodge, and district left without representation.) House: James H. Lockwood, James B. Dallam.

Second Session, 1837--House: Ira B. Brunson, Jean Brunet.[H]

Third Session, 1838--House: Ira B. Brunson, Jean Brunet.

SECOND LEGISLATURE.

First Session, 1838--Council: George Wilson. House: Alex. McGregor.[I]

Second Session, 1839--Council: George Wilson. House: Alex. McGregor, Ira B. Brunson.

Third Session, 1839-40--Council: Joseph Brisbois. House: Alex. McGregor, Ira B. Brunson.

Fourth Session, 1840--Council: Charles J. Learned. House: Alex. McGregor, Ira B. Brunson.

THIRD LEGISLATURE--REPRESENTATIVES OF CRAWFORD AND ST. CROIX COUNTIES.

First Session, 1840-41--Council: Charles J. Learned. House: Alfred Brunsou, Joseph R. Brown.

Second Session, 1841-42--Council: Charles J. Learned. House: Joseph R. Brown, Theophilus J. LaChapelle.

FOURTH LEGISLATURE.

First Session, 1842-43--Council: Theophilus La Chapelle. House: John H. Manahan.

Second Session, 1843-44--Council: Theophilus La Chapelle. House: John H. Manahan.

Third Session, 1845--Council: Wiram Knowlton. House: James Fisher.

Fourth Session, 1846--Council: Wiram Knowlton. House: James Fisher.

FIFTH LEGISLATURE.

First Session, 1847--Council: Benj. F. Manahan. House: Joseph W. Furber.

CRAWFORD, ST. CROIX, CHIPPEWA AND LA POINTE COUNTIES.

Special Session, 1847--Council: Benj. F. Manahan. House: Henry Jackson.

Second Session, 1848--Council: Benj. F. Manahan. House: Henry Jackson.

First Constitutional Convention, Oct. 5, 1846--Delegate from St. Croix county, Wm. Holcombe.

Second Constitutional Convention, Dec. 15, 1847--Delegate from St. Croix county, George W. Brownell.

STATE GOVERNMENT OF WISCONSIN.

Governors: Nelson Dewey, 1848-52; L. J. Farwell, 1852-54; W. A. Barstow, 1854-56; Coles Bashford, 1856-58; Alex. W. Randall, 1858-62; Louis P. Harvey, 1862; Edward Salomen, 1862-64; James Q. Lewis, 1864-66; Lucius Fairchild, 1866-72; C. C. Washburn, 1872-74; Wm. R. Taylor, 1874-76; Harrison Luddington, 1876-78; Wm. E. Smith, 1878-82; Jeremiah Rusk, 1882-58.

UNITED STATES SENATORS.

Isaac P. Walker, June 8, 1848; Henry Dodge, June 8, 1848; Charles Durkee, Feb. 1, 1855; James R. Doolittle, Jan. 23, 1857; Timothy O. Howe, Jan. 23, 1861; Matt H. Carpenter, Jan. 26, 1869; Angus Cameron, Feb. 3, 1875; Philetus Sawyer, Jan. 26, 1881; John C. Spooner, Jan. 26, 1885.

UNITED STATES REPRESENTATIVES.

From districts bordering on the St. Croix: Mason C. Darling, 1848-50; Orasmus Cole, 1850-52; Ben. C. Eastman, 1852-56; C. C. Washburn, 1856-62; Luther Hanchett, 1862-63; Walter D. McIndoe, 1863-68; C. C. Washburn, 1868-72; Jeremiah M. Rusk, 1874-78; Hiram L. Humphrey, 1878-84; Wm. T. Price, 1884-88; Nels P. Haugan, 1888.

District judges presiding in territory originally included in St. Croix county:

Wiram Knowlton, of Prairie du Chien, 1848-50; district--Crawford, Chippewa, St. Croix and La Pointe counties.

S. S. Fuller, of Hudson, 1850-60; district--Pierce, St. Croix, Polk, Douglas, and La Pointe counties.

Henry D. Barron, of North Pepin, 1860-61; district--Pierce, St. Croix, Polk, Douglas, Ashland, and Bayfield counties.

L. P. Weatherby, of Hudson, 1861-67; district--Pepin, Pierce, St. Croix, Polk, Burnett, Douglas, Bayfield, and Ashland counties.

Herman L. Humphrey, of Hudson, 1867-77; district--St. Croix, Pierce, Pepin, Dunn, and Barron counties.

Solon S. Clough, of Hudson, 1864-76; district--Polk, Burnett, Douglas, Ashland, and Bayfield counties.

R. P. Bundy, of Menomonie, 1876-85, re-elected until 1891; district--Buffalo, Dunn, Eau Claire, Pepin, Pierce; and St. Croix counties.

Henry D. Barron, of St. Croix Falls, 1876-82; district--Chippewa, Barron, Polk, Burnett, Douglas, Ashland, and Bayfield counties.

Solon S. Clough, of Superior, 1882-88; district--Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Polk, and Washburn counties.

R. D. Marshall, of Chippewa Falls, 1888.

WISCONSIN STATE LEGISLATURE.

Representatives of territory originally included in St. Croix county:

First Session, 1848--Senate: Daniel S. Fenton. Assembly: W. R. Marshall. (Seat successfully contested by Joseph Bowron.)

Second Session, 1849--Senate: James Fisher. Assembly: Joseph Bowron.

Third Session, 1850--Senate: James Fisher. Assembly: John S. Watrous.

Fourth Session, 1851--Senate: Henry A. Wright. Assembly: John O. Henning.

Fifth Session, 1852--Senate: Henry A. Wright. Assembly: Otis Hoyt.

Sixth Session, 1853--Senate: Benj. Allen. Assembly: Orrin T. Maxson.

Seventh Session, 1854--Senate: Benj. Allen. Assembly: Wm. M. Torbert.

Eighth Session, 1855--Senate: Wm. T. Gibson. Assembly: Smith R. Gunn.

Ninth Session, 1856--Senate: Wm. T. Gibson. Assembly: Almon D. Gray.

Tenth Session, 1857--Senate: Wm. Wilson. Assembly: Orin T. Maxson.

Eleventh Session, 1858--Senate: Daniel Mears. House: James B. Gray, Lucius Cannon.

Twelfth Session; 1859--Senate: Daniel Mears. House: Moses S. Gibson. Mr. Gibson's seat successfully contested by M. W. McCracken.

Thirteenth Session, 1860--Senate: Charles B. Cox. House: Asaph Whittlesey.

Fourteenth Session, 1861--Senate: Charles B. Cox. House: John Comstock.

Fifteenth Session, 1862--Senate: H. L. Humphrey. House: George R. Stuntz, James W. Beardsley. Mr. Beardsley was elected speaker of the house.

Sixteenth Session, 1863--Senate: N. L. Humphrey. House: Henry D. Barron, Charles B. Cox.

Seventeenth Session, 1864--Senate: Austin H. Young. House: Henry D. Barron, Joseph S. Elwell.

Eighteenth Session, 1865--Senate: Austin H. Young. House: Amos S. Gray (successfully contested by A. C. Stuntz). House: Marcus A. Fulton.

Nineteenth Session, 1866--Senate: Marcus A. Fulton. House: Henry D. Barron, William J. Copp. Mr. Barron elected speaker of the assembly.

Twentieth Session, 1867--Senate: Marcus A. Fulton. House: Henry D. Barron, John D. Trumbull, H. L. Wadsworth.

Twenty-first Session, 1868--Senate: Wm. J. Copp. House: Henry D. Barron, Eleazer Holt, Marcus A. Fulton.

Twenty-second Session, 1869--Senate: Wm. J. Copp. House: Henry D. Barron, Edward H. Ives, Charles D. Parker.

Twenty-third Session, 1870--Senate: Edward H. Ives. House: Samuel B. Dressor, Oliver S. Powell, Charles D. Parker.

Twenty-fourth Session, 1871--Senate: Edward H. Ives. House: Samuel S. Vaughn, Oliver S. Powell, Ruel K. Fay.

Twenty-fifth Session, 1872--Senate: Joseph E. Irish. House: Henry D. Barron, Oliver S. Powell, John C. Spooner.

Twenty-sixth Session, 1873--Senate: Joseph E. Irish. House: Henry D. Barron, speaker; James H. Persons, David C. Fulton.

Twenty-seventh Session, 1874--Senate: Henry D. Barron. House: Samuel S. Fifield, James H. Persons, Harvey S. Clapp.

Twenty-eighth Session, 1875--Senate: Henry D. Barron, House: Samuel S. Fifield, Thomas S. Nelson, Philo Q. Boyden.

Twenty-ninth Session, 1876--Senate: Henry D. Barron. House: Samuel S. Fifield, speaker; Christopher L. Taylor, Philo Q. Boyden.

Thirtieth Session, 1877--Senate: Samuel S. Fifield. House: Woodbury S. Grover, Ellsworth Burnett, Guy W. Dailey.

Thirty-first Session, 1878--Senate: Dana R. Bailey. House: Canute Anderson, Charles A. Hawn, James Hill.

Thirty-second Session, 1879--Senate: Dana R. Bailey. House: Wm. J. Vincent, Nils P. Haugen, James Hill.

Thirty-third Session, 1880--Senate: Sam S. Fifield. House: Nils P. Haugen, James Hill, Lars L. Gunderson.

Thirty-fourth Session, 1881--Senate: Sam S. Fifield. Assembly: Geo. D. McDill, Franklin L. Gibson, Merton Herrick.

Thirty-fifth Session, 1882--Senate: James Hill. Assembly: Geo. D. McDill, Franklin L. Gibson, speaker; Olof A. Sangestad.

Thirty-sixth Session, 1883--Senate: James Hill. Assembly: Canute Anderson, John D. Putnam, Geo. D. McDill, James Johnston.

Thirty-seventh Session, 1884--Senate: Joel F. Nason. Assembly: Hans B. Warner, Frank M. Nye, Thomas Porter; Charles S. Taylor, J. B. Thayer.

(For thirty-eighth and thirty-ninth Sessions see Addenda.)

TERRITORIAL GOVERNMENT OF MINNESOTA.

Governors: Alexander Ramsey, from June 1, 1849, to May 15, 1853; Willis A. Gorman, from May 15, 1853, to April 23, 1857; Samuel Medary, from April 23, 1857, to May 24, 1858.

Delegates to Congress: Henry H. Sibley, Jan. 15, 1849, to March 4, 1853; Henry M. Rice, Dec. 5, 1853, to March 4, 1857; W. W. Kingsbury, Dec. 7, 1857, to May 11, 1858.

Chief Justices: Aaron Goodrich, June 1, 1849, to Nov. 13, 1851; Jerome Fuller, Nov. 13, 1851, to Dec. 16, 1852; Henry Z. Hayner, Dec. 16, 1852, to April 7, 1853 (Judge Hayner never presided at a single term and gave but one decision, which was to pronounce the prohibition law unconstitutional); William H. Welch, April 7, 1853, to May 24, 1858.

Associate Justices: David Cooper, June 1, 1849, to April 7, 1853; Bradly B. Meeker, June 1, 1849, to April 7, 1853; Andrew G. Chatfield, April 7, 1853, to April 23, 1857; Moses G. Sherburne, April 7, 1853, to April 13, 1857; R. R. Nelson, April 23, 1857, to May 24, 1858; Charles E. Flandrau, April 23, 1857, to May 24, 1858.

CENSUS OF THE TERRITORY--AUGUST, 1849.

PRECINCTS. MALES. FEMALES. TOTAL.

Stillwater 455 154 609 Lake St. Croix 129 32 161 Marine Mills 142 31 173 Falls of St. Croix 15 1 16 Snake River 58 24 82 St. Paul 540 300 840 Little Canada and St. Anthony Falls 352 219 571 Crow Wing and Long Prairie 235 115 350 Osakis Rapids 92 41 133 ----- --- ----- Total 2,018 977 2,935

Upon the basis of this population the governor established the following legislative districts:

First district: St. Croix precinct, extending on the west side of the St. Croix and Mississippi rivers to the Iowa line; Second district: Stillwater; Third district: St. Paul; Fourth district: Marine Mills and the country north to the British possessions; Fifth district: St. Anthony Falls; Sixth district: The country east of the Mississippi not embraced in the Fourth district, and extending north to the British possessions; Seventh district: All the territory on the west of the Mississippi river not embraced in the sixth and first districts.

FIRST TERRITORIAL LEGISLATURE.--HELD SEPT. 3 TO NOV. 1, 1849.

Council: David Olmsted, president; district No. 1, James S. Norris; No. 2, Samuel Burkelo; No. 3, William H. Forbes, James McC. Boal; No. 4, David B. Loomis; No. 5, John Rollins; No. 6, David Olmsted, William Sturgis; No. 7, Martin McLeod.

House: Joseph W. Furber, of Cottage Grove, speaker; district No. 1, Joseph W. Furber, James Wells; No. 2, M. S. Wilkinson, Sylvanus Trask, Mahlon Black; No. 3, Benj. W. Brunson, Henry Jackson, John J. Dewey, Parsons K. Johnson; No. 4, Henry N. Setzer; No. 5, William R. Marshall, William Dugas; No. 6, Jeremiah Russell, Allan Morrison, Lorenzo A. Babcock, Thomas A. Holmes; No. 7, Alexis Bailly, Gideon H. Pond.

The limits of this work preclude the insertion of a complete list of the entire State, and we give, therefore, the representation of the St. Croix valley.

SECOND TERRITORIAL LEGISLATURE, 1851.

Council: James Norris, Samuel Burkelo, D. B. Loomis, president. House: John A. Ford, Michael E. Ames, speaker; Jesse Taylor, John D. Ludden.

THIRD TERRITORIAL LEGISLATURE, 1852.

Council: Elam Greely, David B. Loomis. House: Jesse Taylor, Mahlon Black, Martin Leavitt, John D. Ludden.

FOURTH TERRITORIAL LEGISLATURE, 1853.

Council: Elam Greely, David B. Loomis. House: N. Green Wilcox, Albert Stimson, Caleb Truax, John D. Ludden.

FIFTH TERRITORIAL LEGISLATURE, 1854.

Council: Albert Stimson, John E. Mower. House: John Fisher, Wm. McKusick, Robert Watson, N. C. D. Taylor, speaker.

SIXTH TERRITORIAL LEGISLATURE, 1855.

Council: Albert Stimson, John E. Mower. House: James B. Dixon, William Willim, James Norris, Samuel Register.

SEVENTH TERRITORIAL LEGISLATURE, 1856.

Council: John D. Ludden, Henry N. Setzer. House: James S. Norris, Abraham Van Voorhes, N. C. Taylor, Henry A. Jackman.

EIGHTH TERRITORIAL LEGISLATURE, 1857.

Council: John D. Ludden, Henry N. Setzer. House: Elam Greely, Mahlon Black, Joseph W. Furber, speaker; L. K. Stannard.

The legislature of 1852 passed a prohibition law and submitted it to the people of the Territory, who adopted it by a vote of 853 for to 622 against. This law was declared unconstitutional by Judge Hayner on the ground that it was unconstitutional to submit a law to the vote of the people. After rendering this decision he resigned his office.

At a second appointment in 1855 the counties of Washington, Chisago, Superior, Itasca, and Doty were included in the St. Croix district. A special session was held in May, 1857, to accept and make provision to use the magnificent railway land grant donated by Congress.

THE CONSTITUTIONAL CONVENTION OF 1857.

In accordance with the enabling act of Congress, passed March 3, 1857, delegates were elected and met in convention at the capital on the second Monday of July, 1857.

REPRESENTATIVES FROM ST. CROIX VALLEY.

Washington county: Wm. Holcombe, James S. Norris, Henry N. Setzer, Gould T. Curtis, Charles E. Leonard, Charles J. Butler, Newinton Gilbert, R. H. Sanderson.

Chisago county: P. A. Cedarstam, Charles F. Lowe, Lucas K. Stannard, W. H. C. Folsom.

The convention continued in session from July 13 to Aug. 29, 1857, and although divided into two wings, accomplished considerable work, such as preparing duplicate state constitutions and redistricting the State. The St. Croix valley was redistricted as follows:

First district, Washington county: Twenty-fifth district, Chisago, Pine and Isanti counties.

GOVERNORS OF THE STATE OF MINNESOTA.

Henry H. Sibley, May 24, 1858, to Jan. 2, 1860; Alexander Ramsey, Jan. 2, 1860, to July 10, 1863; Henry A. Swift, July 10, 1863, to Jan. 11, 1864; Stephen Miller, Jan. 11, 1864, to Jan. 8, 1866; William R. Marshall, Jan. 8, 1866, to Jan. 9, 1870; Horace Austin, Jan. 9, 1870, to Jan. 7, 1874; Cushman K. Davis, Jan. 7, 1874, to Jan. 7, 1876; John S. Pillsbury, Jan. 7, 1876, to Jan. 10, 1882; Lucius F. Hubbard, Jan 10, 1882, to Jan. --, 1886; A. R. McGill, Jan. --, 1887, to ----.

SUPREME COURT CHIEF JUSTICES.

Lafayette Emmett, May 24, 1858, to Jan. 10, 1865; Thomas Wilson, Jan. 10, 1865, to July 14, 1869; James Gilfillan, July 14, 1869, to Jan. 7, 1870; Christopher G. Ripley, Jan. 7, 1870, to April 7, 1874; S. J. R. McMillan, April 7, 1874, to March 10, 1875; James Gilfillan, March, 10, 1875, to ----.

ASSOCIATE JUSTICES.

Charles E. Flandrau, May, 24, 1858, to July 5, 1864; Isaac Atwater, May 24, 1858, to July 6, 1864; S. J. R. McMillan, July 6, 1864, to April 7, 1874; Thomas Wilson, July 6, 1864, to Jan. 10, 1865; John M. Berry, Jan. 10, 1865, to ----; George B. Young, April 16, 1874, to Jan. 11, 1875; F. R. E. Cornell, Jan 11, 1875, to May 23, 1881; D. A. Dickenson, June 27, 1881, to ----; Greenleaf Clark, March 14, 1881, to Jan. 12, 1882; William Mitchell, March 14, 1881, to ----; C. E. Vanderburgh, Jan. 12, 1882, to ----; L. W. Collins, January, 1888, to ----.

UNITED STATES SENATORS FROM MINNESOTA.

James Shields, May 11, 1858, to March 4, 1860; Henry M. Rice, May 11, 1858, to March 4, 1863; Morton S. Wilkinson, March 4, 1860, to March 4, 1867; Alexander Ramsey, March 4, 1863, to March 4, 1875; Daniel S. Norton, March 4, 1867, died July 14, 1870; O. P. Stearns, January --, 1871, to March 4, 1871; William Windom, March 4, 1871, to March 12, 1881; S. J. R. McMillan, Dec. 6, 1875, to March 4, 1886; A. J. Edgerton, March 12, 1881, to Oct. 26, 1881; William Windom, Oct, 26, 1881, to March 4, 1883; Dwight M. Sabin, March 4, 1883, to March 4, 1889; C. K. Davis, March 4, 1887, to ----.

REPRESENTATIVES IN CONGRESS.

W. W. Phelps, May 11, 1858, to March 4, 1859; J. M. Cavenaugh, May 11, 1858, to March 4, 1858; William Windom, Dec. 5, 1859, to March 4, 1869; Cyrus Aldrich, Dec. 5, 1859, to March 4, 1863; Ignatius Donnelly, Dec. 7, 1863, to March 4, 1869; M. S. Wilkinson, March 4, 1869, to March 4, 1871; E. M. Wilson, March 4, 1869, to March 4, 1871; John T. Averill, March 4, 1871, to March 4, 1875; M. H. Dunnell, March 4, 1871, to March 4, 1883; H. B. Strait, Dec. 1, 1873, to March 4, 1879; William S. King, Dec. 6, 1875, to March 4, 1877; J. H. Stewart, Dec. 3, 1877, to March 4, 1879; Henry Poehler, March 4, 1879, to March 4, 1881; H. B. Strait, March 4, 1881, to March 4, 1885; W. D. Washburn, March 4, 1879, to March 4, 1885; Milo White, March 4, 1883, to March 4, 1887; J. B. Wakefield, March 4, 1883, to March 4, 1887; Knute Nelson, March 4, 1883, to March 4, 1889; J. B. Gilfillan, March 4 1885, to March 4, 1887: Thomas Wilson, March 4, 1887, John Lind, March 4, 1887; John S. McDonald, March 4, 1887; Edmund Rice, March 4, 1887.

FIRST STATE LEGISLATURE, 1857-8.

Richard G. Murphy, president; William Holcombe, lieutenant governor.

Senate: First District--Joel K. Reiner. Twenty-fifth District--W. H. C. Folsom. House: First District--J. R. M. Gaskill, George W. Campbell, Robert Simpson. Twenty-fifth District--John G. Randall.

SECOND STATE LEGISLATURE, 1859-60.

Senate: First District--Wm. McKusick, Socrates Nelson. Twenty-fifth District--Lucas K. Stannard. House: First District--E. D. Watson, Abraham Van Voorhes, Orange Walker. Twenty-fifth District--Patrick Fox.

THIRD STATE LEGISLATURE, 1861.

Senate: Second District--Joel K. Reiner. House: Second District--H. L. Thomas, E. D. Whiting, Emil Munch.

FOURTH LEGISLATURE, 1862.

Senate: Second District--Joel K. Reiner. House: Second District--Wm. H. Burt, H. L. Thomas, E. D. Whitney.

FIFTH STATE LEGISLATURE, 1863.

Senate: Second District--John McKusick. House: Second District--Samuel Furber, J. B. R. Mitchell, Ansel Smith.

SIXTH STATE LEGISLATURE, 1864.

Senate: Second District--John McKusick. House: Second District--Jere M. Soule, R. R. Henry, Ansel Smith.

SEVENTH STATE LEGISLATURE, 1865.

Senate: Second District--John McKusick. House: Second District--L. A. Huntoon, Ansel Smith, Lars J. Stark.

EIGHTH STATE LEGISLATURE, 1866.

Senate: Second District--John McKusick. House: Second District--J. B. R. Mitchell, Robert Watson, Smith Ellison.

NINTH STATE LEGISLATURE, 1867.

Senate: Second District--W. H. C. Folsom. House: Second District--Henry Jackman, Ebenezer Ayres.

TENTH STATE LEGISLATURE, 1868.

Senate: Second District--W. H. C. Folsom. House: Second District--J. W. Furber, William Lowell.

ELEVENTH STATE LEGISLATURE, 1869.

Senate: Second District--James N. Castle. House: Second District--Joseph Haskell, W. H. C. Folsom.

TWELFTH STATE LEGISLATURE, 1870.

Senate: Second District--James N. Castle. House: Second District--James S. Norris, William Lowell.

THIRTEENTH STATE LEGISLATURE, 1871.

Senate: Second District--Dwight M. Sabin. House: Second District--Joseph Haskell, Lucas K. Stannard.

FOURTEENTH STATE LEGISLATURE, 1872.

Senate: Twenty-second District--Dwight M. Sabin. Twenty-eighth District--Jonas Lindall. House: Twenty-second District--Ebenezer Ayers, J. R. M. Gaskill, H. R. Murdock. Twenty-eighth District--Adolph Munch.

FIFTEENTH STATE LEGISLATURE, 1873.

Senate: Twenty-second District--Dwight M. Sabin. Twenty-eighth District--Jonas Lindall. House: Twenty-second District--E. W. Durant, J. R. M. Gaskill, James Huganin. Twenty-eighth District--Joel G. Ryder.

SIXTEENTH STATE LEGISLATURE, 1874.

Senate: Twenty-second District--Wm. McKusick. Twenty-eighth District--L. K. Burrows. House: Twenty-second District--D. B. Loomis, Chas. Eckdahl, J. A. McCloskey. Twenty-eighth District--Frank H. Pratt.

SEVENTEENTH STATE LEGISLATURE, 1875.

Senate: Twenty-second District--Wm. McKusick. Twenty-eighth district--W. H. C. Folsom. House: Twenty-second district--J. W. Furber, E. W. Durant, J. E. Mower. Twenty-eighth district--Lars J. Stark.

EIGHTEENTH STATE LEGISLATURE, 1876.

Senate: Twenty-second District--Ed. S. Brown. Twenty-eighth District--W. H. C. Folsom. House: Twenty-second District--A. Fredericks, J. S. Middleton, O. W. Erickson. Twenty-eighth District--W. A. Brawley.

NINETEENTH STATE LEGISLATURE, 1877.

Senate: Twenty-second District--Ed. S. Brown. Twenty-eighth District--W. H. C. Folsom. House: Twenty-second District--A. Fredericks, A. Huntoon, O. W. Erickson.

TWENTIETH STATE LEGISLATURE, 1878.

Senate: Twenty-second District--Roscoe F. Hersey. Twenty-eighth District--John Shaleen. House: Twenty-second District--Dwight M. Sabin, Wm. Fowler, Charles Peterson. Twenty-eighth District--F. S. Christensen.

TWENTY-FIRST STATE LEGISLATURE, 1879.

Senate: Twenty-second District--James N. Castle. Twenty-eighth District--John Shaleen. House: Twenty-second District--A. M. Dodd, Chas. Peterson, Andrew Peterson. Twenty-eighth District--John Dean.

TWENTY-SECOND STATE LEGISLATURE, 1881.

Senate: Twenty-second District--J. N. Castle. Twenty-eighth District--John Shaleen. House: Twenty-second District--Dwight M. Sabin, Andrew Peterson, Wm. Schmidt. Twenty-eighth District--John Dean.

TWENTY-THIRD STATE LEGISLATURE, 1883.

Senate: Twenty-fourth District--J. N. Castle. Thirty-eighth District--John Shaleen. House: Twenty-fourth District--Dwight M. Sabin, C. P. Gregory, A. Stegman. Thirty-eighth District--Levi H. McKusick.

TWENTY-FOURTH STATE LEGISLATURE, 1885.

Senate: Twenty-fourth District--J. N. Castle. Thirty-eighth District--John Shaleen. House: Twenty-fourth District--E. W. Durant, W. H. Pratt, Arthur Stephen. Thirty-eighth District--Levi H. McKusick.

TWENTY-FIFTH STATE LEGISLATURE, 1887.

Senate: Twenty-fourth District--E. W. Durant. Thirty-eighth District--Otto Wallmark. House: Twenty-fourth District--F. Dornfield, R. M. Anderson, C. P. Gregory. Thirty-eighth District--Henry Smith.

The first legislature continued in session one hundred and forty-eight days. Its most important measure was the passage of the $5,000,000 loan bill. At the twentieth session a law was passed changing the sessions of the legislature from annual to biennial.

THE CONSTITUTIONAL CONVENTION OF 1857.

As a delegate to the constitutional convention of 1857, and a member of what was styled the Republican wing, the writer considers it not amiss to insert a chapter concerning that somewhat famous and farcical affair.

The Congress of 1856-57 passed an enabling act for the formation of a state government in Minnesota, providing that a constitutional convention of delegates, chosen by the people, should assemble at midday, July 13, 1857, at the hall of the house of representatives at the state capitol, and adopt a constitution, subject to the ratification of the people.

The territorial governor, Samuel Medary, ordered an election to be held on the first Monday in June, 1857, for delegates, the number to consist of one hundred and eight. 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 opposing factions, resulting practically in the formation of two conventions, each claiming to represent the people, and each proposing a constitution. The delegates, 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 of the house at midnight, twelve hours before the legal time for opening the convention, the object being to obtain control of the offices and committees of the convention, a manifest advantage in the matter of deciding upon contested seats.

In obedience to the call of the leaders of the party, issued the day before, the writer with other Republicans repaired to the house at the appointed 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. Occasionally 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 prepared for the worst. Thus the remainder of the night passed and the forenoon of July 13th. 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" vociferously, 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 the undisturbed 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 by 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 participating 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 appointed to revise and harmonize the two constitutions, but the members of the committees were as belligerent as the conventions they represented. Members grew angry, abusing each other with words and even blows, blood being drawn in an argument with bludgeons between Hon. Willis A. Gorman, Democratic, and Hon. Thomas Wilson, Republican. 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 constitutions 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 Oct. 13, 1857.

The question arises in the writer's mind as to the legality of the constitution 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.

FIRST MINNESOTA STATE LEGISLATURE, HELD 1857-8.

Under a provision of the constitution adopted Oct. 13, 1857, the legislature was elected and convened December 2d of that year, although the State had not then been admitted to the Union, and Gen. Sam Medary was still recognized as governor, though not at the time in the Territory, and acting through his private secretary. The whole state, judicial and legislative ticket had been elected in October, but none of the state officers could qualify prior to the formal admission of the State. The legality of their proceedings was called in question. The Republicans entered a protest against legislation until after the admission of the State, but the Democratic party was in the majority, and territorial Democratic officers governed the legislature, and the protest was unheeded. Notwithstanding the doubtful validity of acts passed by this body, some bold and extravagant measures were proposed and passed, among them the famous $5,000,000 loan bill, authorizing the issue of bonds to that amount, ostensibly to aid in the construction of railroads in Minnesota, and to be used as a basis for banking. This bill was passed near the close of the session, which lasted ninety days, and was an amendment to the constitution to be voted on April 15, 1858.[J] The result proved even worse than had been predicted by the most ardent opposers of the bill, and although adopted by an overwhelming majority, speedily fulfilled the predictions of its opponents. The State was flooded with worthless bank issues, based upon these worthless bonds. Financial distress and panic ensued. A reaction followed, and in November, 1860, the amendment to the constitution was expunged. Of these bonds, $2,275,000 had already been issued, when the section granting their issue was repealed. These the State subsequently redeemed.

This bill, though afterward adopted as an amendment to the constitution by an overwhelming majority, was opposed most vigorously in both houses of the legislature, and characterized at the time as mischievous and infamous. Though not present at the time of its passage, on account of sickness, the author fully committed himself as an opponent of the bill, and placed himself on record in an address to his constituents dated March 19th, at the senate chamber, which address was circulated extensively at the time. The views and predictions therein expressed as to the disastrous character of the bill have been amply justified and verified by subsequent events.

Hon. Chas. F. Lowe, when a member of the Republican wing of the constitutional convention, had designed and prepared a seal to be used by the incoming state government. It was adopted by that wing of the convention, and Mr. Lowe hoped to have it formally adopted by the first state legislature. At the request of Mr. Lowe, it was presented by the writer, then a member of the senate, and was adopted by the senate and house with many encomiums upon its beauty and appropriateness. The design was indeed a beautiful one, and the workmanship of the seal, by Buechner, of St. Paul, was admirable. The design of the seal was as follows:

A waterfall (supposed to be that of Minnehaha) within a shield; this part of the device was intended to symbolize the idea of water for the amount and varied forms of which Minnesota is distinguished above any other part of our country. In addition was represented the figure of an Indian pointing toward the setting sun, as his course of destiny runs, with his tomahawk, bow and arrows; at his feet opposite the Indian was the figure of a white man, with a sheaf of wheat and the implements of agriculture at his feet, representing to the Indian that he must partake of the habits of civilized life or depart toward the setting sun. In one corner of the field appeared a distant view of Lake Superior, with a ship in sail. In another was a view of a river, indicating the Minnesota river, running from the westward, with a steamboat ascending its stream. In rear of the shield and waterfall were three trees, which are typical of the three timbered regions, the oak on the left typifying the south and southwest portion of the State, the pine in the centre typifying the great pine regions of Lake Superior, Upper Mississippi and St. Croix, and the maple on the right typifying the north and northwestern portion of the State. For a motto to accompany the words state of Minnesota, A. D. 1858, which were placed upon the upper rim of the seal, the words placed upon the lower rim of the seal were, "Liberty and Union, Now and Forever One and Inseparable." The act of the legislature went to the governor, who returned it to the senate approved and signed, July 14, 1858.

Some length of time elapsed before the appearance of the great seal as appended to official documents, and when it did appear it was very different from the one adopted, and the credit of the design was given to Rev. E. D. Neill by the newspapers commenting upon it. However beautiful and appropriate the design of the present great seal of the state of Minnesota, there seems to be no evidence that it was ever legally adopted, and the question may well be raised as to its validity. It lies, however, in the eternal fitness of things that a state without a legal constitution should also be without a seal.

At the joint convention of Dec. 19, 1857, Hon. Henry M. Rice and Gen. James Shields, of Mexican War fame, were elected senators. The Republicans supported David Cooper and Henry D. Huff. During this session the presiding officer of the senate was Richard G. Murphy, a somewhat eccentric character. His decisions were often diverting. When perplexing questions arose he would say gravely, "The chair can not decide more than two questions at oncet." After passing many really important measures, the legislature adjourned March 25, to meet June 2, 1858.

ADJOURNED SESSION.

The legislature met, pursuant to adjournment, June 2d, the State having been admitted in the interim. Lieut. Gov. Holcombe presided over the senate and proved an acceptable and able presiding officer. The five million amendment having been approved by the people, this legislature passed a banking law, establishing banks in various parts of the State with the five million bonds as a basis.

It can do no good at this late day to raise a question as to the validity of the acts of the first state legislature, but it is due to ourselves and others who with us at the time protested against the validity of acts passed at this session, to give a few extracts from senate and house journals tending to show that a feeling of distrust was quite general. The ground of this opinion was the fact that the legislature elected as a state legislature held its first session prior to the admission of the State, and under the administration of the territorial governor, Medary, through his secretary, acting in his place. The question was openly discussed, not only in the legislature but in the public press of the State.

As early as Dec. 8, 1887, the following protest was presented in the senate:

SENATE CHAMBER, ST. PAUL.

We, the undersigned senators of the state of Minnesota, do hereby enter and record this, our _solemn_ PROTEST, against the recognition by this body, in any manner, directly or indirectly, of Samuel Medary, Esquire, governor of the territory of Minnesota, as the governor of the state of Minnesota, or as being invested with any of the rights, authority, privileges, powers or functions of governor of said state of Minnesota.

And we do _solemnly_ PROTEST against the recognition by this body, in any manner, of the claims of the said Samuel Medary, to exercise any of the rights, authority, privileges, powers or functions of the governor of the state of Minnesota--such claim being wholly unauthorized and unwarranted by the constitution of the state of Minnesota; and in violation of the expressed will of the people of the state of Minnesota, and an attempted usurpation of office, at war with the fundamental principles of free government, and dangerous to the liberties of the people.

D. G. NORTON,
LEWIS MCKUNE>,
GEO. WATSON,
EDWIN M. SOMERS,
BOYD PHELPS,
J. K. REINER,
H. L. THOMAS,
JAMES RIDPATH,
MICHAEL COOK,
CHARLES H. LINDSLEY,
E. N. BATES,
E. HODGES,
A. G. HUDSON,
JONATHAN CHASE,
W. H. C. FOLSOM,
S. S. BEMAN,
DELANO T. SMITH.

On December 8th Mr. Norton offered the following resolution to the senate:

"WHEREAS, By the provisions of the constitution the executive officers of the State can not qualify until after the admission of the State by Congress, and

"WHEREAS, There is no governor of the state of Minnesota to whom acts may be submitted, as required by the constitution; therefore,

"_Resolved_, That this legislature can pass no acts which could become a law until after the admission of the State by Congress, and the qualification of the governor elected by the people."

The resolution was adopted and referred to the following committee: Van Etten, Streeter, Jones, Norton, and Folsom.

The majority of the select committee reported December 21st, claiming that by the enabling act the people of the Territory were empowered to form a state government, which they did, electing their delegates on the second Monday in July, 1857, to form a state constitution, and take necessary steps for establishment of a state government; that these delegates met at the time and place appointed, and on the twenty-ninth of August adopted a constitution which was submitted to the people and adopted by a majority of over 28,000 votes. That on the thirteenth of October, in conformity with an article (section 16, article 16) of the constitution then adopted, the people had elected representatives to Congress, governor and lieutenant governor, judges and members of both houses of the legislature, the latter to meet on the first Wednesday in December at St. Paul.

The majority admitted that the governor elected under the act could not qualify until after the admission of the State, but claimed that the members of the legislature did not rest under the same disability, but were competent to legislate because they derived their power from the constitution itself, and had been directed to meet for that purpose on the first Monday in December, and that because they were thus required to meet they were authorized to act. The people were omnipotent in the premises. They had declared that the governor should not qualify until after the admission of the State, and that the members of the legislature should meet. It was absurd to suppose this body should be called together and have no power to act. They held, moreover, that the territorial governor was empowered to act until his successor could legally qualify; that the framers of the constitution of Minnesota and the people had declared that he should be continued in office until superseded by a state officer, and that the very time had been specified when he should be thus superseded, namely, on the admission of the State into the Union, and therefore that Samuel Medary was, _de facto_ and _de jure_, governor of Minnesota; that Minnesota was then a state _out_ of the Union, and that the acts of the first legislature would be legalized when the State was admitted.

The minority report, signed by D. S. Norton and W. H. C. Folsom, claimed that the constitution contemplated an admission into the Union as a prerequisite to the exercise of state sovereignty, in article 5, section 7, where it is enacted that "the term of each of the executive officers named in this article shall commence upon taking the oath of office, _after the State shall be admitted by Congress into the Union, etc._"