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A History of the Constitution of Minnesota (1921)

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A History of the Constitution of Minnesota (1921) This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. http://books.google.com HARVARD COLLEGE LIBRARY TRANSFERRED FROM THE BUREAU FOR RESEARCH IN MUNICIPAL GOVERNMENT RESEARCH PUBLICATIONS OF THE UNIVERSITY OF MINNESOTA These publications contain the results of research work from various depart ments of the University and are offered for exchange with universities, scientific societies, and other institutions. Papers will be published as separate monographs numbered in several series. There is no stated interval of publication. Application for any of these publications should be made to the University Librarian. BIBLIOGRAPHICAL SERIES 1. Jambs Thayer Gebould, Sources of English History of the Seventeenth Century, 1603-1689, in the University of Minnesota Library, with a Selection of Secondary Material. 1921. $4.00. STUDIES IN THE SOCIAL SCIENCES 1. Thompson and Warber, Social and Economic Survey of a Rural Township in Southern Minnesota. 1913. $0.50. 2. Matthias Nordbbrg Orfield, Federal Land Grants to the States, with Special Reference to Minnesota. 1915. $1.00. 3. Edward Van Dyke Robinson, Early Economic Conditions and the Develop ment of Agriculture in Minnesota. 1915. $1.50. 4. L. D. H. Weld and Others, Studies in the Marketing of Farm Products. 1915. $0.50. 5. Ben Palmer, Swamp Land Drainage, with Special Reference to Minnesota. 1915. $0.50. 6. Albert Ernest Jenks, Indian-White Amalgamation: An Anthropometric Study. 1916. $0.50. 7. C. D. Allin, A History of the Tariff Relations of the Australian Colonies. 1918. $0.75. 8. Frances H. Relf, The Petition of Right. 1917. $0.75. 9. Gilbert L. Wilson, Agriculture of the Hidatsa Indians: An Indian Inter pretation. 1917. $0.75. 10. Notestein and Relf, Editors, Commons Debates for 1629. In press. 11. Raymond A. Kent, A Study of State Aid to Public Schools in Minnesota. 1918. $1.00. 12. Rupert C. Lodge, The Meaning and Function of Simple Modes in the Philosophy of John Locke. 1918. $0.75. 13. Florence R. Curtis, The Libraries of the American State and National Institutions for Defectives, Dependents, and Delinquents. 1918. $0.50. 14. Louis A. Boettiger, Armenian Legends and Festivals. 1920. $0.75. 15. Willia1 Anderson, A History of the Constitution of Minnesota, with the First Verified Text. 1921. $1.75. STUDIES IN THE PHYSICAL SCIENCES AND MATHEMATICS 1. Frankforter and Frary, Equilibria in Systems Containing Alcohols, Salts, and Water. 1912. $0.50. 2. Frankforter and Kritchevsky, A New Phase of Catalysis. 1914. $0.50. STUDIES IN ENGINEERING 1. George Alfred Maney, Secondary Stresses and Other Problems in Rigid Frames: A New Method of Solution. 1915. $0.25. 2. Charles Franklin Shoop, An Investigation of the Concrete Road-Making Properties of Minnesota Stone and Gravel. 1915. $0.25. 3. Franklin R. McMillan, Shrinkage and Time Effect* in Reinforced Con crete. 1915. $0.25. (Continued inside back cover) Research Publications of the Un1vers1ty of M1nnesota Stud les 1n the Soc1al Sc1ence* Number 15 f A HISTORY OF THE CONSTITUTION OF MINNESOTA WITH THE FIRST VERIFIED TEXT BY WILLIAM ANDERSON, Ph.D. Ass1stant Professor of Political Science and Director of the Bureau for Research in Government of the University of Minnesota IN COLLABORATION WITH ALBERT J. LOBB, Ph.B., L.L.B. Comptroller of the University, formerly Assistant Professor of Political Science Price: $1.75 Published by the University of Minnesota Minneapolis, March, 1921 MKVAM COLLMf lHRm MCEIVFD THR6U5H THE 1UKUU rt'R RESEARCH IN MIIMICIPAL GOVERNMENT Copyright 1921 BY THE University of Minnesota . PREFACE The primary aim in the preparation of this volume has been to put be tween two covers for the use of students and teachers the more essential facts in the history of the constitution of the state. At the same time an attempt has been made to cover the subject with sufficient completeness to make the work useful as a reference book for lawyers, judges, legislators, and public officials generally. The limited scope of the work must, however, be made clear. It is essentially a history of a public document, the written constitution of Minnesota. It explains when and how the original constitu tion was drawn up and adopted, how it happened to include this and that original provision, and what amendments have been introduced into its text and for what reasons ; but it does not, except incidentally, explain how the various clauses have worked in practice, nor does it attempt to discuss fully the interpretation which the courts have given to its several provisions. It is neither a history of the government and politics of the state, nor a treatise on its constitutional law, though it includes some of the elements of both and furnishes the foundation upon which they may be erected. The manner of treatment combines both the chronological and the topical, and as a result a certain amount of repetition has been unavoidable. The author has looked upon the work primarily as a reference book, how ever, and has consequently tried to make the discussion under each head fairly complete in itself. In addition there will be found in the footnotes frequent cross-references to other passages. The general policy with regard to footnotes has been to put in too many rather than too few, in order to facilitate further research by the readers of this volume. For this purpose there has been added, also, a bibliography and a somewhat elaborate ana lytical index, to both of which the attention of the research student is called. According to the original plan, Mr. Lobb was to have taken the con stitution as it was in 1857 and to have traced its history down to the present, showing how the processes of amendment have operated and explaining all the amendments. He had gathered the materials for his chapters and had already prepared rough drafts of them when he was called out of the fields of teaching and research first to become assistant to the president and later comptroller of the University. His new duties prevented his completing the work he had so well begun, and it devolved upon the undersigned to pre pare the entire manuscript. While the latter assumes full responsibility for the arrangement, the style, and the substance of all the chapters, he wishes to express his gratitude to Mr. Lobb for his invaluable assistance and for his sustained interest in the work after he was compelled to give it up. The author is also under obligations to his colleagues Dean Guy Stanton Ford, Professor Cephas D. Allin, Dr. Solon J. Buck, and Dr. Lester B. Shippee, all of whom have read the manuscript and made valuable sugges tions. Mention must also be made of the kindly assistance received by the author in the offices of the Secretary of State, the State Librarian, and the Minnesota Historical Society. The collection of newspapers, books, and manuscripts of the Minnesota Historical Society is indispensable for the success of any such work as was here attempted. This volume is in a sense the first substantial result of the work of the Bureau for Research in Government of the Department of Political Science. The maps were prepared by Miss Sophia Hall, secretary of the Bureau, who also gave worthy assistance in the preparation of the manuscript. It is the plan of the Bureau to prepare a series of monographs, of which this is the first, dealing with various phases and problems of the state and local govern ment of Minnesota. William Anderson CONTENTS Pages Preface iii-iv Introduction 1-3 Chapter I. The pre-territorial period 4-28 i. Introduction 4-5' 2. International boundary settlements affecting Minnesota.... 5-9 3. The Northwest Ordinance 9-1 1 4. Carving out new states in the northwest 12-14 5. The northern boundary of Iowa 14-17 6. The western boundary of Wisconsin 17-21 7. Minnesota as unorganized territory 21-28 Chapter II. The territory of Minnesota 29-41 i. The passage of the organic act 29-30 2. The territory of Minnesota, 1849-1858 31-35 3. Territorial politics 35-41 Chapter III. Preliminaries of statehood 42-68 1 . Plans and counterplans 42_47 2. The legislative assembly of 1856 47-5° 3. The summer of 1856 50-51 4. Mr. Rice plans the future state 52-55 5. The legislative assembly of 1857 55-59 6. The passage of the enabling act 59-^3 7. The substance of the enabling act 63-65 8. Special session of the legislature, April-May, 1857 65-68 Chapter IV. Electing and organizing the constitutional convention 69-86 i. The apportionment of delegates 69-71 2. The campaign, and the election of June 1 71-75 3. The attempt to organize the convention 75-86 Chapter V. The conventions and the compromise 87-114 i. The membership of the conventions 87-88 2. The procedure of the Republican convention 88-90 3. The procedure of the Democratic convention 90-92 4. The movement for a compromise 92-98 vi CONTENTS Pages 5. The work of the conference committee 98-104 6. The compromise constitution in the conventions 104-6 7. Closing the work of the conventions 106-9 8. The two originals of the constitution 109-10 9. The convention debates 1 10-14 Chapter VI. The compromise constitution H5-32 i. General nature of this chapter ^I5-I7 2. Preamble 117 3. Article 1. Bill of rights 1 17-18 4. Article 2. On name and boundaries 1 18-19 5. Article 3. Distribution of the powers of government 119 6. Article 4.
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