The Whigs had never been strong in the territory, nor well organized. The “Moccasin Democracy” had become habituated to control, and expected indefinite enjoyment of official emoluments. The passage of the Kansas-Nebraska bill by Congress on May 26, 1854, rudely disturbed this pleasant dream. A new party of protest against the introduction and maintenance of African slavery in the territories, under active national protection, sprang into being. A Republican convention met in St. Paul, July 28, 1855, adopted a platform, and nominated candidates for territorial offices. It also nominated the leader of the movement, William R. Marshall, to succeed Mr. Rice as delegate to Congress. Mr. Rice had too many electors personally attached to himself to be beaten. It has been thought, however, that Marshall might have won but for a “prohibition” plank in the platform, which lost him the German vote. At the election of 1856 the Republicans obtained a working majority in the lower house of the legislature to meet in the following winter. As the day drew on for the election of delegates to the convention both parties were anxious about the result. The Democrats held on to the hope of recovering control; the Republicans were none too confident that they could hold their slight balance of power. The issue was declared by the leading Democratic newspaper to be “White Supremacy versus Nigger Equality.” The vote was unexpectedly light, and the results were not clearly decisive. In a few districts “councilor” delegates had been distinguished on the ballots from “representative” delegates; in most cases they had not. In the St. Anthony district the canvassing officer gave certificates of election to Republican candidates who had received fewer votes than the Democratic, on the ground that the Democratic ballots had not distinguished the nominees for councilor and representative delegates.

The control of the convention would, it was maintained, depend on the action of the committee on credentials to be appointed by the presiding officer. To capture the “organization” became the object of each of the nearly balanced parties. It chanced that the enabling act had not specified the hour for the assemblage of the convention. The excited and suspicious leaders were unable to agree informally. To make sure of being on hand the Republican delegates repaired to the capitol late on the Sunday night preceding the first Monday in June, and remained there, as one of them phrased it, “to watch and pray for the Democratic brethren.” These did not appear till a few moments before twelve o’clock noon of the appointed day. Immediately upon their entrance in a body into the representatives’ hall Charles L. Chase, secretary of the territory and a delegate, proceeded to the speaker’s desk and called to order. At the same moment John W. North, a Republican delegate, designated by his colleagues, called to order. A motion to adjourn was made by Colonel Gorman, and the question was taken by Chase, who declared it carried. The Democrats left the hall to the Republicans, who proceeded to organize the convention. Fifty-six delegates presented credentials in proper form and took their oaths to support the constitution of the United States.

At noon of Tuesday the Democratic delegates assembled about the door of the hall, and, finding it occupied by citizens who refused to give them place, met in the adjacent council chamber and proceeded to organize the convention. Henry H. Sibley was made chairman, on motion of Joseph R. Brown, and later became president of the body. From that day till the close of their labors, August 28, the two conventions sat apart. St. Anthony was represented by six delegates in each, so that the whole number participating was one hundred and fourteen. Their proceedings, published in separate volumes, show a commendable diligence in business. An undue amount of time was given to oratory in defense of the legitimacy of the respective moieties.

As the delegates had for examples the constitutions of all the states carved out of the Northwest Territory, and in particular of the very recent ones of Wisconsin and Iowa, the task of framing the various articles was not burdensome. Most of them were adopted, with little or no debate, as reported from the standing committees. The Republicans refused by a two-thirds vote to tolerate negro suffrage. A proposition to submit to Congress the division of the existing territory by an east and west line on the latitude of 45° 15′, or 45° 30′, was much discussed in both bodies. It was so much favored by the Republicans that a change of three votes would have given it a majority. The Democrats, attached to St. Paul and strong in the northern counties, gave the scheme slight support.

The absurdity of the situation was apparent, but pride restrained both bodies from taking a first move towards coalescence. At length on the 8th of August Judge Sherburne, a member of the Democratic convention, highly respected by Republicans as well, proposed the appointment of conferees to report a plan of union. The venerable jurist saw his resolution indefinitely postponed, after a debate abounding in heroic rhetoric. Two days after, the Republicans passed a preamble and resolutions in the exact terms of those of Judge Sherburne and sent them to President Sibley. A select committee, headed by Gorman, advised that no communication could be entertained which questioned the legal status of the Democratic body. The report was unanimously adopted.

By this time the Republican delegates had found themselves at a certain disadvantage, from which relief was to many very desirable. The Democratic treasurer of the territory had refused to honor their pay accounts, and they were serving the public at their own expense. Doubtless from extraneous overtures made by them, the two bodies on the morning of August 18 adopted resolutions to appoint conferees. These were immediately named and began their duties. By this time all the necessary articles had been drafted, and as both bodies had drawn from the same sources the conference committee had an easy task. Those wrought out by the Democratic delegates, who were the older and more experienced men, were chiefly adopted. When Judge Sherburne on August 27 laid before the Democratic convention the report of the conferees, with the comforting assurance that it was composed of the Democratic material “almost altogether,” the chair was obliged to exercise no little firmness to restrain a turbulent opposition. A test vote showed a majority of more than three fourths for adoption. The final vote went over.

The next morning, August 28, both bodies agreed to the report without amendment. There was some resistance in the Republican end, but it gave way when a leader assured the dissentients that they had a dose to swallow, and they might as well shut their eyes and open their mouths and take it. Two copies were made of the one constitution thus agreed to, one of which was signed by the officers and members of each body respectively. The Republican manuscript remains in the state archives. Joseph R. Brown expressed the opinion that the split into two bodies had been economical. Had the convention met in one body, the orators by their revilings and vituperations would have prolonged the session till the end of the year and the expenses would have been doubled. Spite of the generous endeavor of this delegate, the Democrats refused to agree that the Republicans should draw their pay. A subsequent legislature provided for them. Both parties were quite content with the constitution; the Democrats for what they had conserved, the Republicans for germs of future development.


The boom period which culminated in 1857 was nowhere more exuberant than in Minnesota. The swelling tide of population of the previous two years had brought in a body of speculators who presently gorged themselves with the unearned increments of land and town lot values. The whole population caught the fever and bought for the expected rise. The country people found ready sale for produce in the growing towns, and the merchants profited by their prosperity. The resulting elation and extravagance were at no time more abounding than in the closing days of the constitutional convention.

It was the 24th of August when the failure of the Ohio Life Insurance and Trust Company of New York precipitated the liquidation of incredibly multiplied credits in the East. A week later the tardy mails brought the news to St. Paul, and nowhere in the country did the panic strike with greater violence. The little money, real and promissory, sank out of sight. Deposits ceasing, the banks suspended. Eastern exchange rose to ten per cent. Assignments, foreclosures, attachments, and executions made law practice the only profitable pursuit. The horde of speculators who had infested the towns and villages abandoned their holdings and made their escape. According to J. Fletcher Williams, the lamented historian of St. Paul, that city lost fifty per cent. of its population. From the crest of a high wave of fancied opulence, the new state was thus suddenly plunged into a deep trough of adversity and despondence; and it was a long day before she rose to the level of normal prosperity.