The History of Minnesota and Tales of the Frontier

by Charles E. Flandrau

THE CONSTITUTIONAL CONVENTION.

By the end of the year 1856 the Territory of Minnesota had attained such growth and wealth that the question of becoming a state within the Union began to attract attention. It was urged by the government at Washington that we were amply capable of taking care of ourselves, and sufficiently wealthy to pay our expenses, and statehood was pressed upon us from that quarter. There was another potent influence at work at home. We had several prominent gentlemen who were convinced that their services were needed in the senate of the United States, and that their presence there would strengthen and adorn that body, and as no positive opposition was developed, the congress of the United States, on the 26th of February, 1857, passed an act, authorizing the territory to form a state government. It prescribed the same boundaries for the state as we now have, although there had been a large number of people who had advocated an east and west division of the territory, on a line a little north of the forty-fifth parallel of north latitude. It provided for a convention to frame the constitution of the new state, which was to be composed of two delegates for each member of the territorial legislature, to be elected in the representative districts on the first Monday in June, 1857. The convention was to be held at the capital of the territory, on the second Monday of July following. It submitted to the convention five propositions to be answered, which, if accepted, were to become obligatory on the United States and the State of Minnesota. They were in substance as follows:

1. Whether sections 16 and 36 in each township should be granted to the state for the use of schools.

2. Whether seventy-two sections of land should be set aside for the use and support of a state university.

3. Whether ten sections should be granted to the state in aid of public buildings.

4. Whether all salt springs in the state, not exceeding twelve, with six sections of land to each, should be granted to the state.

5. Whether five per centum of the net proceeds of the sales of all the public lands lying within the state, which should be sold after its admission, should be paid to the state for the purpose of roads, and internal improvements.

All the five propositions, if accepted, were to be on the condition, to be expressed in the constitution or an irrevocable ordinance, that the state should never interfere with the primary disposal of the soil within the state by the United States, or with any regulations congress should make for securing title to said lands in bona fide purchases thereof, and that no tax should be imposed on lands belonging to the United States, and that non-resident proprietors should never be taxed higher than residents.

These propositions were all accepted, ratified and confirmed by section 3 of Article II. of the constitution.

The election for delegates took place as provided for, and on the day set for the convention to meet, nearly all of them had assembled at the capital. Great anxiety was manifested by both the Democrats and the Republicans to capture the organization of the convention. Neither party had a majority of all the members present, but there were a number of contested seats on both sides, of which both contestant and contestee were present, and these duplicates being counted, were sufficient to give each party an apparent majority. It was obvious that a determined fight for the organization was imminent. The convention was to meet in the house of representatives, and to gain an advantage, the Republicans took possession of the hall the night before the opening day, so as to be the first on hand in the morning. The Democrats, on learning of this move, held a caucus to decide upon a plan of action. Precedents and authorities were looked up, and two fundamental points decided upon. It was discovered that the secretary of the territory was the proper party to call the convention to order, and as Mr. Charles L. Chase was the secretary, and also a Democratic delegate, he was chosen to make the call. It was further found that when no hour was designated for the meeting of a parliamentary body, that noon of the day appointed was the time. Being armed with these points, the Democrats decided to wait until noon, and then march into the hall in a body with Delegate Chase at their head, and as soon as he reached the chair he was to spring into it and call the convention to order. General Gorman was immediately to move an adjournment until the next day at 12 o'clock M., which motion was to be put by the chair, the Democrats feeling sure that the Republicans being taken by surprise would vote no, while the Democrats would all vote aye, and thus commit more than a majority of the whole to the organization under Mr. Chase. On reaching the chair, Mr. Chase immediately sprang into it, and called the convention to order. General Gorman moved the adjournment, which was put by the chair. All the Democrats loudly voted in the affirmative and the Republicans in the negative. The motion was declared carried, and the Democrats solemnly marched out of the hall.