Fifty Years In The Northwest / With An Introduction And Appendix Containing Reminiscences, Incidents And Notes

by William H. C. Folsom

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: