The above is the Democratic version of the event. The Republicans, however, claim that John W. North reached the chair first, and called the convention to order, and that as the Republicans had a majority of the members present, the organization made under his call was the only regular one. Nothing can be determined as to which is the true story from the records kept of the two bodies, because they are each made up to show strict regularity, and as it is utterly immaterial in any substantial point of view, I will not venture any opinion, although I was one of the actors in the drama,—or farce,—as the reader may see fit to regard it.
The Republicans remained in the hall, and formed a constitution to suit themselves, sitting until August 29th, just forty-seven days. The Democrats on the next day after their adjournment, at 12 o'clock M., went in a body to the door of the house of representatives, where they were met by Secretary and Delegate Chase, who said to them: "Gentlemen, the hall to which the delegates adjourned yesterday is now occupied by a meeting of citizens of the territory, who refuse to give possession to the constitutional convention."
General Gorman then said: "I move the convention adjourn to the council chamber." The motion was carried, and the delegates accordingly repaired to the council chamber, in the west wing of the capitol, where Mr. Chase called the convention to order. Each branch of the convention elected its officers. The Republicans chose St. A. D. Balcombe for their president, and the Democrats selected Hon. Henry H. Sibley. Both bodies worked diligently on a constitution, and each succeeded in making one so much like the other that, after sober reflection, it was decided that the state could be admitted under either, and if both were sent to congress that body would reject them for irregularity. So towards the end of the long session a compromise was arrived at, by the formation of a joint committee from each convention, who were to evolve a constitution out of the two for submission to the people; the result of which, after many sessions, and some fisticuffs, was the instrument under which the state was finally admitted.
A very curious complication resulted from two provisions in the constitution. In section 5 of the schedule it was provided that "All territorial officers, civil and military, now holding their offices under the authority of the United States or of the Territory of Minnesota shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the state," and section 6 provided that "The first session of the legislature of the State of Minnesota shall commence on the first Wednesday of December next," etc.
These provisions were made under the supposition that the state would be admitted as soon as the constitution would be laid before congress, which it was presumed would be long before the date fixed for the holding of the first state legislature; but such did not turn out to be the case. The election was held as provided for on the thirteenth day of October, 1857, for the adoption or rejection of the constitution, and for the election of all the state officers, members of congress and of the legislature. The constitution was adopted by a vote of 36,240 for, and 700 against, and the whole Democratic state ticket was also chosen; and to be sure not to lose full representation in congress, three members of the house of representatives were also chosen, who were all Democrats.
The constitution was duly presented to congress, and admission for the state demanded. Much to the disappointment of our people, all kinds and characters of objections were raised to our admission; one of which I remember was, that as the term of office of the state senators was fixed at two years, and as there was nothing said about the term of the members of the house they were elected for life, and consequently the government created was not republican. Alexander Stevens of Georgia seriously combatted this position, in a learned constitutional argument, in which he proved that a state had absolute control of the subject, and could fix the term of all its officers for life if it so preferred, and that congress had no right to interfere. Many other equally frivolous points were made against our admission, which were debated until the eleventh day of May, 1858, when the federal doors were opened and Minnesota became a state. The act admitting the state cut down the congressional representation to two. The three gentlemen who had been elected to these positions were compelled to determine who would remain and who should surrender. History has not recorded how the decision was made, whether by cutting cards, tossing a coin, or in some other way, but the result was that George L. Becker was counted out, and W. W. Phelps and James M. Cavanaugh took the prizes.
It was always thought at home that the long delay in our admission was not from any disinclination to let us in, but because the house was quite evenly divided politically between the Democrats and the Republicans, and there being a contested seat from Ohio, between Mr. Valandingham and Mr. Lew Campbell, it was feared by the Republicans that, if Minnesota came in with three Democratic members, it might turn the scale in favor of Valandingham.
This delay created a very perplexing condition of things. The state legislature elected under the constitution met on the first Wednesday of December, before the constitution was recognized by congress, and while the territorial government was in full force. It passed a book full of laws, all of which were state laws, approved by a territorial governor. Perhaps in some countries it would have been difficult to harmonize such irregularities, but our courts were quite up to the emergency, and straightened them all out the first time the question was raised, and the laws so passed have served their purpose up to the present time.
The first governor of the state was Henry H. Sibley, a Democrat. He served his term of two years, and the state has never elected a Democrat to that office since, unless the choice of Hon. John Lind, in 1898, may be so classified.