Chapter II: Part 2

While on the subject of the source of the Mississippi river, I may as well speak of the elevations of the state above the level of the sea. It can be truthfully said that Minnesota occupies the summit of the North American continent. In its most northern third rises the Mississippi, which, in its general course, flows due south to the Gulf of Mexico. In about its center division, from north to south, rises the Red River of the North, and takes a general northerly direction until it empties into Lake Winnipeg, while the St. Louis and other rivers take their rise in the same region and flow eastwardly into Lake Superior, which is the real source of the St. Lawrence, which empties into the Atlantic.

The elevation at the source of the Mississippi is 1,600 feet, and at the point where it leaves the southern boundary of the state, 620 feet. The elevation at the source of the Red River of the North is the same as that of the Mississippi, 1,600 feet, and where it leaves the state at its northern boundary 767 feet. The average elevation of the state is given at 1,275 feet, its highest elevation, in the Mesaba range, 2,200 feet, and its lowest, at Duluth, 602 feet.

NICOLLET.

In 1836 a French savant, M. Jean N. Nicollet, visited Minnesota for the purpose of exploration. He was an astronomer of note, and had received a decoration of the Legion of Honor, and had also been attached as professor to the Royal College of "Louis Le Grande." He arrived in Minnesota on July 26, 1836, bearing letters of introduction, and visited Fort Snelling, whence he left with a French trader, named Fronchet, to explore the sources of the Mississippi. He entered the Crow Wing river, and by the way of Gull river and Gull lake he entered Leech lake. The Indians were disappointed when they found he had no presents for them and spent most of his time looking at the heavens through a tube, and they became unruly and troublesome. The Rev. Mr. Boutwell, whose mission house was on the lake, learning of the difficulty, came to the rescue, and a very warm friendship sprang up between the men. No educated man who has not experienced the desolation of having been shut up among savages and rough, unlettered voyageurs for a long time can appreciate the pleasure of meeting a cultured and refined gentleman so unexpectedly as Mr. Boutwell encountered Nicollet, and especially when he was able to render him valuable aid.

From Leech lake Nicollet went to Lake Itasca with guides and packers. He pitched his tent on Schoolcraft island in the lake, where he occupied himself for some time in making astronomical observations. He continued his explorations beyond those of Schoolcraft and Lieutenant Allen, and followed up the rivulets that entered the lake, thoroughly exploring its basin or watershed.

He returned to Fort Snelling in October, and remained there for some time, studying Dakota. He became the guest of Mr. Henry H. Sibley at his home in Mendota for the winter. General Sibley, in speaking of him, says:

"A portion of the winter following was spent by him at my house,
and it is hardly necessary to state that I found in him a most
instructive companion. His devotion to his studies was intense
and unremitting, and I frequently expostulated with him upon his
imprudence in thus overtasking the strength of his delicate
frame, but without effect."

Nicollet went to Washington after his tour of 1836-37, and was honored with a commission from the United States government to make further explorations, and John C. Fremont was detailed as his assistant.

Under his new appointment, Nicollet and his assistant went up the Missouri in a steamboat to Fort Pierre; thence he traveled through the interior of Minnesota, visiting the Red Pipestone quarry, Devil's lake, and other important localities. On this tour he made a map of the country, which was the first reliable and accurate one made, which, together with his astronomical observations, were invaluable to the country. His name has been perpetuated by giving it to one of Minnesota's principal counties.

MISSIONS.

The missionary period is one full of interest in the history of the State of Minnesota. The devoted people who sacrifice all the pleasures and luxuries of life to spread the gospel of Christianity among the Indians are deserving of all praise, no matter whether success or failure attends their efforts. The Dakotas and Chippewas were not neglected in this respect. The Catholics were among them at a very early day, and strove to convert them to Christianity. These worthy men were generally French priests and daring explorers, but for some reason, whether it was want of permanent support or an individual desire to rove, I am unable to say, they did not succeed in founding any missions of a lasting character among the Dakotas before the advent of white settlement. The devout Romanist, Shea, in his interesting history of Catholic missions, speaking of the Dakotas, remarks that "Father Menard had projected a Sioux mission, Marquette, Allouez, Druillettes, all entertained hopes of realizing it, and had some intercourse with that nation, but none of them ever succeeded in establishing a mission." Their work, however, was only postponed, for at a later date they gained and maintained a lasting foothold.

The Protestants, however, in and after 1820, made permanent and successful ventures in this direction. After the formation of the American Fur Company, Mackinaw became the chief point of that organization. In June, 1820, the Rev. Mr. Morse, father of the inventor of the telegraph, came to Mackinaw, and preached the first sermon that was delivered in the Northwest. He made a report of his visit to the Presbyterian Missionary Society in New York, which sent out parties to explore the field. The Rev. W. M. Terry, with his wife, commenced a school at Mackinaw in 1823, and had great success. There were sometimes as many as two hundred pupils at the school, representing many tribes of Indians. There are descendants of the children who were educated at this school now in Minnesota, who are citizens of high standing, who are indebted to this institution for their education and position.

In the year 1830 a Mr. Warren, who was then living at La Pointe, visited Mackinaw to obtain a missionary for his place, and not being able to secure an ordained minister, he took back with him Mr. Frederick Ayre, a teacher, who, being pleased with the place and prospect, returned to Mackinaw, and in 1831, with the Rev. Sherman Hall and wife, started for La Pointe, where they arrived on August 30th, and established themselves as missionaries, with a school.

The next year Mr. Ayre went to Sandy lake, and opened another school for the children of voyageurs and Indians. In 1832 Mr. Boutwell, after his tour with Schoolcraft, took charge of the school at La Pointe, and in 1833 he removed to Leech lake, and there established the first mission in Minnesota west of the Mississippi.

From his Leech lake mission he writes a letter in which he gives such a realistic account of his school and mission that one can see everything that is taking place, as if a panorama was passing before his eyes. He takes a cheerful view of his prospects, and gives a comprehensive statement of the resources of the country in their natural state. If space allowed, I would like to copy the whole letter; but as he speaks of the wild rice in referring to the food supply, I will say a word about it, as I deem it one of Minnesota's most important natural resources.

In 1857 I visited the source of the Mississippi with the then Indian agent for the Chippewas, and traveled hundreds of miles in the upper river. We passed through endless fields of wild rice, and witnessed its harvest by the Chippewas, which is a most interesting and picturesque scene. They tie it in sheaves with a straw before it is ripe enough to gather to prevent the wind from shaking out the grains, and when it has matured, they thresh it with sticks into their canoes. We estimated that there were about 1,000 families of the Chippewas, and that they gathered about twenty-five bushels for each family, and we saw that in so doing they did not make any impression whatever on the crop, leaving thousands of acres of the rice to the geese and ducks. Our calculations then were that more rice grew in Minnesota each year, without any cultivation, than was produced in South Carolina as one of the principal products of that state, and I may add that it is much more palatable and nutritious as a food than the white rice of the Orient or the South. There is no doubt that at some future time it will be utilized to the great advantage of the state.

Mr. Boutwell's Leech lake mission was in all things a success.

In 1834 the Rev. Samuel W. Pond and his brother, Gideon H. Pond, full of missionary enthusiasm, arrived at Fort Snelling, in the month of May. They consulted with the Indian agent, Major Taliaferro, about the best place to establish a mission, and decided upon Lake Calhoun, where dwelt small bands of Dakotas, and with their own hands erected a house and located.

About the same time came the Rev. T. H. Williamson, M. D., under appointment from the American Board of Commissioners of Foreign Missions, to visit the Dakotas, to ascertain what could be done to introduce Christian instruction among them. He was reinforced by Rev. J. D. Stevens, missionary, Alexander Huggins, farmer, and their wives, and Miss Sarah Poage and Miss Lucy Stevens, teachers. They arrived at Fort Snelling in May, 1835, and were hospitably received by the officers of the garrison, the Indian agent, and Mr. Sibley, then a young man who had recently taken charge of the trading post at Mendota.

From this point Rev. Mr. Stevens and family proceeded to Lake Harriet, in Hennepin county, and built a suitable house, and Dr. Williamson and wife, Mr. Huggins and wife, and Miss Poage, went to Lac qui Parle, where they were welcomed by Mr. Renville, a trader at that point, after whom the county of Renville is named.

The Rev. J. D. Stevens acted as chaplain of Fort Snelling, in the absence of a regularly appointed officer in that position.

In 1837 the mission was strengthened by the arrival of the Rev. Stephen R. Riggs, a graduate of Jefferson College, Pennsylvania, and his wife. After remaining a short time at Lake Harriet, Mr. and Mrs. Riggs went to Lac qui Parle.

In 1837 missionaries sent out by the Evangelical Society of Lausanne, Switzerland, arrived, and located at Red Wing and Wapashaw's villages, on the Mississippi, and about the same time a Methodist mission was commenced at Kaposia, but they were of brief duration and soon abandoned.

In 1836 a mission was established at Pokegama, among the Chippewas, which was quite successful, and afterwards, in 1842 or 1843, missions were opened at Red Lake, Shakopee, and other places in Minnesota. During the summer of 1843 Mr. Riggs commenced a mission station at Traverse des Sioux, which attained considerable proportions, and remained until overtaken by white settlement, about 1854.

Mr. Riggs and Dr. Williamson also established a Mission at the Yellow Medicine Agency of the Sioux, in the year 1852, which was about the best equipped of any of them. It consisted of a good house for the missionaries, a large boarding and school house for Indian pupils, a neat little church, with a steeple and a bell, and all the other buildings necessary to a complete mission outfit.

These good men adopted a new scheme of education and civilization, which promised to be very successful. They organized a government among the Indians, which they called the Hazelwood Republic. To become a member of this civic body, it was necessary that the applicant should cut off his long hair, and put on white men's clothes, and it was also expected that he should become a member of the church. The republic had a written constitution, a president and other officers. It was in 1856 when I first became acquainted with this institution, and I afterwards used its members to great advantage, in the rescue of captive women and the punishment of one of the leaders of the Spirit Lake massacre, which occurred in the northwestern portion of Iowa, in the year 1857, the particulars of which I will relate hereafter. The name of the president was Paul Ma-za-cu-ta-ma-ni, or "The man who shoots metal as he walks," and one of its prominent members was John Otherday, called in Sioux, An-pay-tu-tok-a-cha, both of whom were the best friends the whites had in the hour of their great danger in the outbreak of 1862. It was these two men who informed the missionaries and other whites at the Yellow Medicine Agency of the impending massacre, and assisted sixty-two of them to escape before the fatal blow was struck.

What I have said proves that much good attended the work of the missionaries in the way of civilizing some of the Indians, but it has always been open to question in my mind if any Sioux Indian ever fully comprehended the basic doctrines of Christianity. I will give an example which had great weight in forming my judgment. There were among the pillars of the mission church at the Yellow Medicine Agency (or as it was called in Sioux, Pajutazee) an Indian named Ana-wang-mani, to which the missionaries had prefixed the name of Simon. He was an exceptionally good man, and prominent in all church matters. He prayed and exhorted, and was looked upon by all interested as a fulfillment of the success of both the church and the republic. Imagine the consternation of the worthy missionaries when one day he announced that a man who had killed his cousin some eight years ago had returned from the Missouri, and was then in a neighboring camp, and that it was his duty to kill him to avenge his cousin. The missionaries argued with him, quoted the Bible to him, prayed with him,--in fact, exhausted every possible means to prevent him carrying out his purpose; but all to no effect. He would admit all they said, assured them that he believed everything they contended for, but he would always end with the assertion that, "He killed my cousin, and I must kill him." This savage instinct was too deeply imbedded in his nature to be overcome by any teaching of the white man, and the result was that he got a double-barreled shotgun and carried out his purpose, the consequence of which was to nearly destroy the church and the republic. He was, however, true to the whites all through the outbreak of 1862.

When the Indians rebelled, the entire mission outfit at Pajutazee was destroyed, which practically put an end to missionary effort in Minnesota, but did not in the least lessen the ardor of the missionaries. I remember meeting Dr. Williamson soon after the Sioux were driven out of the state, and supposing, of course, that he had given up all hope of Christianizing them, I asked him where he would settle, and what he would do. He did not hesitate a moment, and said that he would hunt up the remnant of his people and attend to their spiritual wants.

Having given a general idea of the missionary efforts that were made in Minnesota, I will say a word about

THE INDIANS.

The Dakotas (or as they were afterwards called, the Sioux) and the Chippewas were splendid races of aboriginal men. The Sioux that occupied Minnesota were about eight thousand strong,--men, women and children. They were divided into four principal bands, known as the M'day-wa-kon-tons, or Spirit Lake Villagers; the Wak-pay-ku-tays, or Leaf Shooters, from their living in the timber; the Si-si-tons, and Wak-pay-tons. There was also a considerable band, known as the Upper Si-si-tons, who occupied the extreme upper waters of the Minnesota river. The Chippewas numbered about 7,800, divided as follows: At Lake Superior, whose agency was at La Pointe, Wis., about 1,600; on the Upper Mississippi, on the east side, about 3,450; of Pillagers, 1,550; and at Red lake, 1,130. The Sioux and Chippewas had been deadly enemies as far back as anything was known of them, and kept up continual warfare. The Winnebagoes, numbering about 1,500, were removed from the neutral ground, in Iowa, to Long Prairie, in Minnesota, in 1848, and in 1854 were again removed to Blue Earth county, near the present site of Mankato. While Minnesota was a territory its western boundary extended to the Missouri river, and on that river, both east and west of it, were numerous wild and warlike bands of Sioux, numbering many thousands, although no accurate census of them had ever been taken. They were the Tetons, Yanktons, Cut-heads, Yanktonais, and others. These Missouri Indians frequently visited Minnesota.

The proper name of these Indians is Dakota, and they know themselves only by that name, but the Chippewas of Lake Superior, in speaking of them, always called them, "Nadowessioux," which in their language signifies "enemy." The traders had a habit, when speaking of any tribe in the presence of another, and especially of an enemy, to designate them by some name that would not be understood by the listeners, as they were very suspicious. When speaking of the Dakotas, they used the last syllable of Nadowessioux,--"Sioux," until the name attached itself to them, and they have always since been so called.

Charlevoix, who visited Minnesota in 1721, in his history of New France, says: "The name 'Sioux,' that we give these Indians, is entirely of our own making; or, rather, it is the last two syllables of the name of 'Nadowessioux,' as many nations call them."

The Sioux live in tepees, or circular conical tents, supported by poles, so arranged as to leave an opening in the top for ventilation and for the escape of smoke. These were, before the advent of the whites, covered with dressed buffalo skins, but more recently with a coarse cotton tent cloth, which is preferable on account of its being much lighter to transport from place to place, as they are almost constantly on the move, the tents being carried by the squaws. There is no more comfortable habitation than the Sioux tepee to be found among the dwellers in tents anywhere. A fire is made in the center for either warmth or cooking purposes. The camp kettle is suspended over it, making cooking easy and cleanly. In the winter, when the Indian family settles down to remain any considerable time, they select a river bottom where there is timber or chaparral, and set up the tepee; then they cut the long grass or bottom cane, and stand it up against the outside of the lodge to the thickness of about twenty inches, and you have a very warm and cozy habitation.

The wealth of the Sioux consists very largely in his horses, and his subsistence is the game of the forest and plains and the fish and wild rice of the lakes. Minnesota was an Indian paradise. It abounded in buffalo, elk, moose, deer, beaver, wolves, and, in fact, nearly all wild animals found in North America. It held upon its surface eight thousand beautiful lakes, alive with the finest of edible fish. It was dotted over with beautiful groves of the sugar maple, yielding quantities of delicious sugar, and wild rice swamps were abundant. An inhabitant of this region, with absolute liberty, and nothing to do but defend it against the encroachments of enemies, certainly had very little more to ask of his Creator. But he was not allowed to enjoy it in peace. A stronger race was on his trail, and there was nothing left for him but to surrender his country on the best terms he could make. Such has ever been the case from the beginning of recorded events, and judging from current operations, there has been no cessation of the movement. Why was not the world made big enough for homes for all kinds and colors of men, and all characters of civilization?

As the white man progressed towards the West, and came in contact with the Indians, it became necessary to define the territories of the different tribes to avoid collision between them and the newcomers as much as possible. To accomplish this end, Governor Clark of Missouri and Governor Cass of Michigan, on the nineteenth day of August, 1825, convened, at Prairie du Chien, a grand congress of Indians, representing the Dakotas, Chippewas (then called Ojibways), Sauks, Foxes, Menomonies, Iowas, Winnebagoes, Pottaiwatomies and Ottawas, and it was determined by treaties among them where the dividing lines between their countries should be. This partition gave the Chippewas a large part of what is now Wisconsin and Minnesota, and the Dakotas lands to the west of them; but it soon became apparent that these boundary lines between the Dakotas and the Chippewas would not be adhered to, and Governor Cass and Mr. T. L. McKenney were appointed commissioners to again convene the Chippewas, but this time at Fond du Lac, and there, on the fifth day of August, 1826, another treaty was entered into, which, with the exception of the Fort Snelling treaty, was the first one ever made on the soil of Minnesota. By this treaty the Chippewas, among other things, renounced all allegiance to or connection with Great Britain, and acknowledged the authority of the United States. These treaties were, however, rather of a preliminary character, being intended more for the purpose of arranging matters between the tribes than making concessions to the whites, although the whites were permitted to mine and carry away metals and ores from the Chippewa country by the treaty of Fond du Lac.

The first important treaty made with the Sioux, by which the white men began to obtain concessions of lands from them, was on Aug. 29, 1837. This treaty was made at Washington, through Joel R. Poinsette, and to give an idea of how little time and few words were spent in accomplishing important ends, I will quote the first article of this treaty:

"Article I.--The chiefs and braves representing the parties
having an interest therein cede to the United States all their
land east of the Mississippi river, and all their islands in
said river."

The rest of the treaty is confined to the consideration to be paid, and matters of that nature.

This treaty extinguished all the Dakota title in lands east of the Mississippi river, in Minnesota, and opened the way for immigration on all that side of the Mississippi; and immigration was not long in accepting the invitation, for between the making of the treaty, in 1837, and the admission of the State of Wisconsin into the Union, in 1848, there had sprung into existence in that state, west of the St. Croix, the towns of Stillwater, St. Anthony, St. Paul, Marine, Arcola, and other lesser settlements, which were all left in Minnesota when Wisconsin adopted the St. Croix as its western boundary.

Most important, however, of all the treaties that opened up the lands of Minnesota to settlement were those of 1851, made at Traverse des Sioux and Mendota, by which the Sioux ceded to the United States all their lands in Minnesota and Iowa, except a small reservation for their habitation, situated on the upper waters of the Minnesota river.

The Territory of Minnesota was organized in 1849, and immediately presented to the world a very attractive field for immigration. The most desirable lands in the new territory were on the west side of the Mississippi, but the title to them was still in the Indians. The whites could not wait until this was extinguished, but at once began to settle on the land lying on the west bank of the Mississippi, north of the north line of Iowa, and in the new territory. These settlements extended up the Mississippi river as far as St. Cloud, in what is now Stearns county, and extended up the Minnesota river as far as the mouth of the Blue Earth river, in the neighborhood of Mankato. These settlers were all trespassers on the lands of the Indians, but a little thing like that never deterred a white American from pushing his fortunes towards the setting sun. It soon became apparent that the Indians must yield to the approaching tidal wave of settlement, and measures were taken to acquire their lands by the United States. In 1851, Luke Lea, then commissioner of Indian affairs, and Alexander Ramsey, then governor of the Territory of Minnesota and ex-officio superintendent of Indian affairs, were appointed commissioners to treat with the Indians at Traverse des Sioux, and, after much feasting and talking, a treaty was completed and signed, on the twenty-third day of July, 1851, between the United States and the Sisseton and Wahpeton bands of Sioux, whereby these bands ceded to the United States a vast tract of land lying in Minnesota and Iowa, and reserved for their future occupation a strip of land on the upper Minnesota, ten miles wide on each side of the center line of the river. For this cession they were to be paid $1,665,000, which was to be paid, a part in cash to liquidate debts, etc., and five per cent per annum on the balance for fifty years, the interest to be paid annually, partly in cash and partly in funds for agriculture, civilization, education, and in goods of various kinds; which payments, when completed, were to satisfy both principal and interest, the policy and expectation of the government being that at the end of fifty years the Indians would be civilized and self-sustaining.

Amendments were made to this treaty in the senate, and it was not fully completed and proclaimed until Feb. 24, 1853.

Almost instantly after the execution of this treaty, and on Aug. 5, 1851, another treaty was negotiated by the same commissioners with two other bands of Sioux in Minnesota, the M'day-wa-kon-tons and Wak-pay-koo-tays. By this treaty these bands ceded to the United States all their lands in the Territory of Minnesota or State of Iowa, for which they were to be paid $1,410,000, very much in the same way that was provided in the last-named treaty with the Si-si-tons and Wak-pay-tons. This treaty, also, was amended by the senate, and not fully perfected until Feb. 24, 1853.

Both of these treaties contained the provision that "The laws of the United States, prohibiting the introduction and sale of spirituous liquors in the Indian country, shall be in full force and effect throughout the territory hereby ceded and lying in Minnesota until otherwise directed by congress or the president of the United States." I mention this feature of the treaty because it gave rise to much litigation as to whether the treaty making power had authority to legislate for settlers on the ceded lands of the United States. The power was sustained. These treaties practically obliterated the Indian title from the lands composing Minnesota, and its extinction brings us to the

TERRITORIAL PERIOD.

It must be kept in mind that, during the period which we have been attempting to review, the people who inhabited what is now Minnesota were subject to a great many different governmental jurisdictions. This, however, did not in any way concern them, as they did not, as a general thing, know or care anything about such matters; but as it may be interesting to the retrospective explorer to be informed on the subject, I will briefly present it. Minnesota has two sources of parentage. The part of it lying west of the Mississippi was part of the Louisiana purchase, made by President Jefferson from Napoleon Bonaparte in 1803, and the part east of that river was part of the Northwest Territory, ceded by Virginia, in 1784, to the United States. I will give the successive changes of political jurisdiction, beginning on the west side of the river.

First, it was part of New Spain, and Spanish. It was then purchased from Spain by France, and became French. On June 30, 1803, it became American, by purchase from France, and was part of the Province of Louisiana, and so remained until March 26, 1804, when an act was passed by congress, creating the Territory of Orleans, which included all of the Louisiana purchase south of the thirty-third degree of north latitude. This act gave the Territory of Louisiana a government, and called all the country north of it the District of Louisiana, which was to be governed by the Territory of Indiana, which had been created in 1800 out of the Northwest Territory, and had its seat of government at Vincennes, on the Wabash.

On June 4, 1812, the District of Louisiana was erected into the Territory of Missouri, where we remained until June 28, 1834, when all the public lands of the United States lying west of the Mississippi, north of the State of Missouri, and south of the British line, were, by act of congress, attached to the Territory of Michigan, under whose jurisdiction we remained until April 10, 1836, when the Territory of Wisconsin was created. This law went into effect July 3, 1836, and Wisconsin took in our territory lying west of the Mississippi, and there it remained until June 12, 1838, when the Territory of Iowa was created, taking us in and holding us until the State of Iowa was admitted into the Union, on March 3, 1845, which left us without any government west of the Mississippi.

The part of Minnesota lying east of the Mississippi was originally part of the Northwest Territory. On May 7, 1800, it became part of the Indiana Territory, and remained so until April 26, 1836, when it became part of the Wisconsin Territory; and so continued until May 29, 1848, when Wisconsin entered the Union as a state, with the St. Croix river for its western boundary. By this arrangement of the western boundary of Wisconsin all the territory west of the St. Croix and east of the Mississippi, like that west of the river, was left without any government at all.

One of the curious results of the many governmental changes which the western part of Minnesota underwent is illustrated in the residence of Gen. Henry H. Sibley, at Mendota. In 1834, at the age of twenty-two, Mr. Sibley commenced his residence at Mendota, as the agent of the American Fur Company's establishment. At this point Mr. Sibley built the first private residence that was erected in Minnesota. It was a large, comfortable dwelling, constructed of the blue limestone found in the vicinity, with commodious porticos on the river front. The house was built in 1835-36, and was then in the Territory of Michigan. Mr. Sibley lived in it successively in Michigan, Wisconsin, Iowa, and the Territory and State of Minnesota. He removed to St. Paul in the year 1862. Every distinguished visitor who came to Minnesota in the early days was entertained by Mr. Sibley in this hospitable old mansion, and, together with its genial, generous and refined proprietor, it contributed much towards planting the seeds of those aesthetic amenities of social life that have so generally flourished in the later days of Minnesota's history and given it its deserved prominence among the states of the West. The house still stands, and has been occupied at different times since its founder abandoned it as a Catholic institution of some kind and an artists' summer school. The word Mendota is Sioux, and means "The meeting of the waters."

It was the admission of Wisconsin into the Union in 1848 that brought about the organization of the Territory of Minnesota. The peculiar situation in which all the people residing west of the St. Croix found themselves set them to devising ways and means to obtain some kind of government to live under. It was a debatable question whether the remnant of Wisconsin which was left over when the state was admitted carried with it the territorial government, or whether it was a "no man's land," and different views were entertained on the subject. The question was somewhat embarrassed by the fact that the territorial governor, Governor Dodge, had been elected to the senate of the United States from the new state, and the territorial secretary, Mr. John Catlin, who would have become governor ex-officio when a vacancy occurred in the office of governor, resided in Madison, and the delegate to congress, Mr. John H. Tweedy, had resigned; so, even if the territorial government had, in law, survived, there seemed to be no one to represent and administer it.

There was no lack of ability among the inhabitants of the abandoned remnant of Wisconsin. In St. Paul dwelt Henry M. Rice, Louis Roberts, J. W. Simpson, A. L. Larpenteur, David Lambert, Henry Jackson, Vetal Guerin, David Herbert, Oliver Rosseau, Andre Godfrey, Joseph Rondo, James R. Clewell, Edward Phalen, William G. Carter, and many others. In Stillwater and on the St. Croix were Morton S. Wilkinson, Henry L. Moss, John McKusick, Joseph R. Brown, etc. In Mendota resided Henry H. Sibley. In St. Anthony, William R. Marshall; at Fort Snelling, Franklin Steele. I could name many others, but the above is a representative list. It will be observed that many of them were French.

An initial meeting was held in St. Paul, in July of 1848, at Henry Jackson's trading house, to consider the matter, which was undoubtedly the first public meeting ever held in Minnesota. On the fifth day of August, in the same year, a similar meeting was held in Stillwater, and out of these meetings grew a call for a convention, to be held at Stillwater, on August 26th, which was held accordingly. There were present about sixty delegates.

At this meeting a letter from Hon. John Catlin, the secretary of Wisconsin Territory, was read, giving it as his opinion that the territorial government of Wisconsin still existed, and that if a delegate to congress was elected he would be admitted to a seat.

A memorial to congress was prepared, setting forth the peculiar situation in which the people of the remnant found themselves, and praying relief in the organization of a territorial government.

During the session of this convention there was a verbal agreement entered into between the members, to the effect that when the new territory was organized the capital should be at St. Paul, the penitentiary at Stillwater, the university at St. Anthony, and the delegate to congress should be taken from Mendota. I have had reason to assert publicly this fact on former occasions, and so far as it relates to the university and the penitentiary, my statement was questioned by Minnesota's greatest historian, Rev. Edward D. Neill, in a published article, signed "Iconoclast;" but I sustained my position by letters from surviving members of the convention, which I published, and to which no answer was ever made. The same statement can be found in Williams' "History of St. Paul," published in 1876, at page 182.

The result of this convention was the selection of Henry H. Sibley as its agent or delegate, to proceed to Washington and present the memorial and resolutions to the United States authorities. It was curiously enough stipulated that the delegate should pay his own expenses.

Shortly after this event the Hon. John H. Tweedy, who was the regularly elected delegate to congress from the Territory of Wisconsin, no doubt supposing his official career was terminated, resigned his position, and Mr. John Catlin, claiming to be the governor of the territory, came to Stillwater, and issued a proclamation on Oct. 9, 1848, ordering a special election to fill the vacancy caused by the resignation of Delegate Tweedy. The election was held on the thirtieth day of October. Mr. Henry H. Sibley and Mr. Henry M. Rice became candidates, neither caring very much about the result, and Mr. Sibley was elected. There was much doubt entertained as to the delegate being allowed to take his seat, but in November he proceeded to Washington, and was admitted, after considerable discussion.

On the 3d of March, 1849, the delegate succeeded in passing an act organizing the Territory of Minnesota, the boundaries of which embraced all the territory between the western boundary of Wisconsin and the Mississippi river, and also all that was left unappropriated on the admission of the State of Iowa, which carried our western boundary to the Missouri river, and included within our limits a large part of what is now North and South Dakota.

The passage of this act was the first step in the creation of Minnesota. No part of the country had ever before borne that name. The word is composed of two Sioux words, "Minne," which means water, and "Sota," which means the condition of the sky when fleecy white clouds are seen floating slowly and quietly over it. It has been translated, "sky tinted," giving to the word Minnesota the meaning of sky-tinted water. The name originated in the fact that, in the early days, the river now called Minnesota used to rise very rapidly in the spring, and there was constantly a caving in of the banks, which disturbed its otherwise pellucid waters, and gave them the appearance of the sky when covered with the light clouds I have mentioned. The similarity was heightened by the current keeping the disturbing element constantly in motion. There is a town just above St. Peter, called Kasota, which means "cloudy sky;" not stormy or threatening, but a sky dotted with fleecy white clouds. The best conception of this word can be found by pouring a few drops of milk into a glass of clear water, and observing the cloudy disturbance.

The principal river in the territory was then called the St. Peters river, but the name was changed to the Minnesota.

EDUCATION.

An act organizing a territory simply creates a government for its inhabitants, limiting and regulating its powers, executive, legislative and judicial, and in our country they generally resemble each other in all essential features. But the organic act of Minnesota contained one provision never before found in any that preceded it. It had been customary to donate to the territory and future state, one section of land in each surveyed township for school purposes, and section 16 had been selected as the one, but in the Minnesota act, the donation was doubled, and sections 16 and 36 in each township were reserved for the schools, which amounted to one-eighteenth of all the lands in the territory; and when it is understood that the state as now constituted contains 84,287 square miles, or about 53,943,379 acres of land, it will be seen that the grant was princely in extent and incalculable in value. No other state in the Union has been endowed with such a magnificent educational foundation. I may except Texas, which came into the Union, not as a part of the United States' public domain, but as an independent republic, owning all its lands, amounting to 237,504 square miles, or 152,002,560 acres, a vast empire in itself. I remember hearing a distinguished senator, in the course of the debate on its admission into the Union, describe its immensity by saying, "A pigeon could not fly across it in a week."

It affords every citizen of Minnesota great pride to know that, under all phases and conditions of our territory and state, whether in prosperity or adversity, the school fund has always been held sacred, and neither extravagance, neglect nor peculation has ever assailed it, but it has been husbanded with jealous care from time to time since the first dollar was realized from it until the present, and has accumulated until the principal is estimated at $20,000,000. The state auditor, in his last report of it, says:

"The extent of the school land grant should ultimately be about
three million acres, and as the average price of this land
heretofore sold is $5.96 per acre, the amount of principal alone
should yield the school fund not less than $17,000,000. To this
must be added the amount received from sales of timber, and for
lease and royalty of mineral lands, which will not be less than
$3,000,000 more. It is not probable that the average sale price
of this land will be reduced in the future, but it may increase,
especially in view of the improved method of sale inaugurated by
the new land law."

The general method of administering the school fund is to invest the proceeds arising from the sale of the lands, and distribute the interest among the counties of the state according to the number of children attending school; the principal always to remain untouched and inviolate.

Generous grants of land have also been made for a state university, amounting to 92,558 acres; also, for an agricultural college to the extent of one hundred thousand acres, which two funds have been consolidated, and together they have accumulated to the sum of $1,159,790.73, all of which is securely invested.

The state has also been endowed with five hundred thousand acres of land for internal improvements, and all its lands falling within the designation of swamp lands. An act of congress, of Feb. 26, 1857, also gave it ten sections of land for the purpose of completing public buildings at the seat of government, and all the salt springs, not to exceed twelve, in the state, with six sections of land to each spring, in all seventy-two sections. The twelve salt springs have all been discovered and located, and the lands selected. The salt spring lands have been transferred to the regents of the university, to be held in trust to pay the cost of a geological and natural history survey of the state. It is estimated that the salt spring lands will produce, on the same valuation as the school lands, the sum of $300,000. Large sums will also be gained by the state from the sale of timber stumpage, and the products of its mineral lands. Some idea of the magnitude of the fund to be derived from the mineral lands of the state may be learned from the report of the state auditor for the year 1896, in which he says that during the years 1895-96 there was received from and under all mineral leases, contracts and royalties, $170,128.83.

It will be seen from this statement that the educational interests of Minnesota are largely provided for without resort to direct taxation, although up to the present time that means of revenue has to some extent been utilized to meet the expenses of the grand system prevailing throughout the state.

THE FIRST TERRITORIAL GOVERNMENT.

The organization of the territory was completed by the appointment of Alexander Ramsey of Pennsylvania as governor, Aaron Goodrich as chief justice, and David Cooper and Bradley B. Meeker as associate justices, C. K. Smith as secretary, Joshua L. Taylor as marshal, and Henry L. Moss as district attorney.

On the 27th of May, 1849, the governor and his family arrived in St. Paul; but there being no suitable accommodations for them, they became the guests of Hon. Henry H. Sibley, at Mendota, whose hospitality, as usual, was never failing, and for several weeks there resided the four men who have been perhaps more prominent in the development of the state than any others,--Henry H. Sibley, Alexander Ramsey, Henry M. Rice and Franklin Steele, all of whom have been honored by having important counties named after them and by being chosen to fill high places of honor and trust.

The governor soon returned to the capital, and on the 1st of June, 1849, issued a proclamation, declaring the territory duly organized. On the 11th of June he issued a second proclamation, dividing the territory into three judicial districts. The county of St. Croix, which was one of the discarded counties of Wisconsin, and embraced the present county of Ramsey, was made the first district. The second was composed of the county of La Pointe (another of the Wisconsin counties), and the region north and west of the Mississippi river, and north of the Minnesota, and of a line running due west from the head waters of the Minnesota to the Missouri. The country west of the Mississippi and south of the Minnesota formed the third district. The chief justice was assigned to the first, Meeker to the second and Cooper to the third, and courts were ordered held in each district as follows: At Stillwater, in the first district, on the second Monday, at the Falls of St. Anthony on the third Monday, and at Mendota on the fourth Monday, in August.

A census was taken of the inhabitants of the territory, in pursuance of the requirements of the organic act, with the following result. I give here the details of the census, as it is interesting to know what inhabited places there were in the territory at this time, as well as the number of inhabitants:

Total
Inhabitants.

Stillwater 609
Lake St. Croix 211
Marine Mills 173
St. Paul 840
Little Canada and St. Anthony 571
Crow Wing and Long Prairie 350
Osakis Rapids 133
Falls of St. Croix 16
Snake River 82
La Pointe County 22
Crow Wing 174
Big Stone Lake and Lac qui Parle 68
Little Rock 35
Prairieville 22
Oak Grove 23
Black Dog Village 18
Crow Wing (east side) 70
Mendota 122
Red Wing Village 33
Wabasha and Root River 114
Fort Snelling 38
Soldiers, women and children in forts 317
Pembina 637
Missouri River 85
------
Total 4,764

On the seventh day of July the governor issued a proclamation, dividing the territory into seven council districts, and ordering an election for a delegate to congress, nine councillors, and eighteen representatives, to constitute the first territorial legislature, to be held on the first day of August. At this election Henry H. Sibley was again chosen delegate to congress.

COURTS.

The courts were held in pursuance of the governor's proclamation, the first one convening at Stillwater. But before I relate what there occurred, I will mention an attempt that was made by Judge Irwin, one of the territorial judges of Wisconsin, to hold a term in St. Croix county, in 1842. Joseph R. Brown, of whom I shall speak hereafter as one of the brightest of Minnesota's early settlers, came to Fort Snelling as a fifer boy in the regiment that founded and built the fort in 1819. He was discharged from the army about 1826, and had become clerk of the courts in St. Croix county. He had procured from the legislature of Wisconsin an order for a court in his county for some reason only known to himself, and in 1842 Judge Irwin came up to hold it. He arrived at Fort Snelling, and found himself in a country which indicated that disputes were more frequently settled with tomahawks than by the principles of the common law. The officers of the fort could give him no information, but in his wanderings he found Mr. Norman W. Kittson, who had a trading house near the Falls of Minnehaha. Kittson knew Clerk Brown, who was then living on the St. Croix, near where Stillwater now stands, and furnishing the judge a horse, directed him how to find his clerk. After a ride of more than twenty miles, Brown was discovered, but no preparations had been made for a court. The judge took the first boat down the river, a disgusted and angry man.

After the lapse of five years from this futile attempt the first court actually held within the bounds of Minnesota was presided over by Judge Dunn, then chief justice of the Territory of Wisconsin. The court convened at Stillwater in June, 1847, and is remembered not only as the first court ever held in Minnesota, but on account of the trial of an Indian chief, named "Wind," who was indicted for murder. Samuel J. Crawford of Mineral Point was appointed prosecuting attorney for the term, and Ben C. Eastman of Plattville defended the prisoner. "Wind" was acquitted. This was the first jury trial in Minnesota.

It should be stated that Henry H. Sibley was in fact the first judicial officer who ever exercised the functions of a court in Minnesota. While living at St. Peters (Mendota), he was commissioned a justice of the peace in 1835 or 1836 by Governor Chambers of Iowa, with a jurisdiction extending from twenty miles south of Prairie du Chien to the British boundary on the north, to the White river on the west and the Mississippi on the east. His prisoners could only be committed to Prairie du Chien. Boundary lines were very dimly defined in those days, and minor magistrates were in no danger of being overruled by superior courts, and tradition asserts that the writs of Sibley's court often extended far over into Wisconsin and other jurisdictions. One case is recalled which will serve as an illustration. A man named Phalen was charged with having murdered a sergeant in the United States army in Wisconsin. He was arrested under a warrant from Justice Sibley's Iowa court, examined and committed to Prairie du Chien, and no questions asked. Lake Phalen, from which the city of St. Paul derives part of its water supply, is named after this prisoner. Whatever jurisdictional irregularities Justice Sibley may have indulged in, it is safe to say that no injustice ever resulted from any decision of his.

The first court-house that was erected within the present limits of Minnesota was at Stillwater, in the year 1847. A private subscription was taken up, and $1,200 was contributed. This sum was supplemented by a sufficient amount to complete the structure, from the treasury of St. Croix county. It was perched on the top of one of the high bluffs in that town, and much private and judicial blasphemy has been expended by exhausted litigants and judges in climbing to its lofty pinnacle. I held a term in it ten years after its completion.

This court-house fell within the first judicial district of the Territory of Minnesota, under the division made by Governor Ramsey, and the first court under his proclamation was held within its walls, beginning the second Monday of August, 1849. It was presided over by Chief Justice Goodrich, assisted by Judge Cooper, the term lasting one week. There were thirty-five cases on the calendar. The grand jury returned thirty indictments, one for assault with intent to maim, one for perjury, four for selling liquor to Indians, and four for keeping gambling houses. Only one of these indictments was tried at this term, and the accused, Mr. William D. Phillips, being a prominent member of the bar, and there being a good deal of fun in it, I will give a brief history of the trial and the defendant.

Mr. Phillips was a native of Maryland, and came to St. Paul in 1848. He was the first district attorney of the county of Ramsey. He became quite prominent as a lawyer and politician, and tradition has handed down many interesting anecdotes concerning him. The indictment charged him with assault with intent to maim. In an altercation with a man, he had drawn a pistol on him, and his defense was that the pistol was not loaded. The witness for the prosecution swore that it was, and added that he could see the load. The prisoner, as the law then was, was not allowed to testify in his own behalf. He was convicted and fined $25. He was very indignant at the result, and explained the assertion of the witness, that he could see the load, in this way. He said he had been electioneering for Mr. Henry M. Rice, and from the uncertainty of getting his meals in such an unsettled country, he carried crackers and cheese in the same pocket with his pistol, a crumb of which had gotten into the pistol, and the fellow was so scared when he looked at it, that he thought it was loaded to the muzzle.

Another anecdote which is related of him shows that he fully understood the fundamental principle which underlies success in the practice of law--that of always charging for services performed. Mr. Henry M. Rice had presented him with a lot in St. Paul, upon which to build an office, and when he presented his next bill to Mr. Rice there was in it a charge of four dollars for drawing the deed.

The territorial courts as originally constituted, being composed of only three judges, the trial terms were held by single judges, and the supreme court by all three sitting in bank, where they would review each others decisions on appeal.

When the state was admitted into the Union the judiciary was made to consist of a chief justice and two associate justices, who constituted the supreme court, with a jurisdiction exclusively appellate, and a district judge for each district. As the state has grown in population and business, the supreme court judges have been increased to five and the judicial districts to eighteen in number, two of which, the second and the fourth, have six judges each, the eleventh three, the first and seventh two each, and the remainder one each.