Last Days of Wisconsin Territory and Early Days of Minnesota Territory.*

LA ST DA YS O F WISCONSIN TERRITORY AND

EA RLY DA YS OF MINNESO TA TERRIT RY ' O .

Y H N HEN M B O . RY L . O SS .

O fﬁ ce rs an d Ass o ciates o f the Minnes ota Historical o ' A t of o u r o I o S ciety the request y c mmittee, that sh uld

a d d re ss o u o n c c si n to o d ur y this o a o , as the events and act rs o of o I th e fol ing the early territ rial days Minnes ta , submit l win of ﬁ ft a o r und o g review the times , y years g , a o which cluster s ome of the mo st imp ortant and interesting events o f

o . o o d our hist ry The brief time , in c nnecti n with business a o c re ties requiring my attenti n , has precluded my giving the a ful examination of rec o rds and data which I shoul d much de o o sire ; and if perchance err rs ccur in my statements , a de fective o l mem ry is the apo ogy . By an act o f C ongress appro ved by President P olk March 3 1849 o of o o , , the territ ry Minnes ta was rganized ; and thereby o usu l wers a g vernment was established , having the a po exist e ing under a representativ republic , namely, the executive , f o . o o j udicial , and legislative The executive c nsisted a g ver o n or and secretary . The j udicial department c mprised a chief t o of o o j ustice and wo ass ciate j udges , all wh m , t gether with o o the district att rney an d marshal , were app inted by the Pres c dn si ste d of ident . The legislative department nine members “ ” “ ” f o o f o the C uncil , and eighteen members the Assembly,

to be elected by the citizens of the territo ry . S n o 4 1 849 oo after his inaugurati n , March , , President Tay r M c Ga u h e o f Ind i n Ed d G . l o r app ointed fo r govern o r wa g y, a a ,

wh o failed of c onﬁ rmation by the senate, which was then in

tor c al S oc t Jan . 13 A n A d d r e s s at t h e A nn u al M eet ing o f t h e M inne so ta His i ie y , ,

1 8 9 6 . NESO TA A MIN HISTORIC L SOCIETY COLLECTIONS .

o . o M r sessi n The President thereup n appointed . Pennington of wh o o ur New Jersey, declined to accept . Then h on o red

o Gov . o and esteemed ass ciate, Ramsey, received the app int onﬁ rm H c ed . e it ment , which was by the senate accepted , and s oon after cheerfully left his Pennsylvania h ome and eu tered with zeal and energy upon his duties of directing the p olitical affairs and devel oping the p o ssibilities of a new em H . e o o to T pire has ever been , and is still , an h n r the erri o o o ‘ t ry and the State, wh m every citizen is pr ud to name an d kn o w . The executive depar tment was made c omplete by the a o t n c f o c e a e o G v . o K p Ramsey and the app intment of Charles . of o f F o r Smith , Ohi , as secretary o the territo ry . the j udi ciar o o oo of y, the President app inted Aar n G drich , Tennessee, oo B B chief j ustice ; David C per, of Pennsylvania , and . . H L o o f K o . Meeker, entucky, ass ciate j udges ; . M ss , United o o L o States att rney ; and J shua . Tayl r, United States mar shal . The tw o last named were already residents o f the ter

ritor . O f ﬁ rst o o fﬁ cer s onl e y these territ rial , y two yet surviv ,

v . namely Go Ramsey and mys elf . o o o Alth ugh , as bef re stated , the rganic act was approved 3 1849 o fﬁ cial o March , , and the app intments were made imme d i tel f a y thereafter, the residents within the limits o the ter ritory received n o informati on there of till the sixth day of o of ﬁ rst o o April , up n the arrival the steamb at c ming up the o Mississippi river that spring , as the last mail prio r theret h reached u s ab o ut the 25t of February . All travel and trans r i n f o p o tat o o the mail in th se days were by the river route ,

o n o . the ice in the winter , and by steamb at in the summer ﬁ rst f The electi on of Gen . Tayl o r as President in the week o 4 n 4 1 4 8 . o 18 8 o to u a . 9 N vember , , was unkn wn s until J ,

o o f Ma Gov . During the m nths April and y, Ramsey, Secre

d es oo o o . S u t. tary Smith , and J g G drich and C per arrived As Paul was made the temp o rary capital of the new territo ry by

f o fo r fﬁ c r s to . provision o the rganic act , it was natural the o e make it the p oint of their destinati on . It had at that time an o of o 200 o estimated p opulati n ab ut inhabitants . The nly place fo r public res o rt was a l og building l o cated o n the c o r o n o ner of Third and Jacks n streets , where w stands the Mer “ ” ' l o o d chants Hotel . This g building was the H tel at that ay, EARL A S O F Y D Y MINNESOTA TERRITORY . o f our J . W . B ss which late esteemed friend, a , was pro ri t r p e o .

oo Gov . S n after his arrival , Ramsey invited his o fficial as sociates to meet him at this public res o rt in c ouncil on the fi rst f 4 o 18 9 . on o d a day June, Here it was , that mem rable y, that the fi rst Minnes ota cabinet held its meeting in a small

oo on o floo r r m , about seven by nine feet in size, the sec nd , one bed two o o furnished with , w den chairs , a small wash m stand ade of unpainted pine lumber, a trunk, and a 10 by 12 n inch mirro r . It was the and there in that cabinet co un o of o n o u d e cil , c mposed the g ver r, the secretary, J g s Go odrich oo ffi i and C per, and myself, that the o c al pro clamatio n sub mitted o o by the g vern r was approved . Th e pro clamati on set o of o forth that the Territ ry Minnes ta was an established fact . o o o fi cer s It als set f rth the names of the , that they had quali fi ed and were prepared and ready to perform their respective duties . I r o o n a subsequent p oclamati n , the g vern o r directed a cen to o sus be taken , and app inted the necessary o ffi cers to take it o o f , as a basis for the app rti nment of the territ ory or the o of to He electi n members the legislature . also assigned the j udges to different porti ons of the territ o ry fo r the perfo rm o o s ance of their duties . The pr clamati n a signed chief j ustice Go o drich to administer j ustice over the civilized p ortion of o o o f the territ ry, which embraced the entire c untry lying west

St . o of to the Cr ix river and east the Mississippi , extending T the British possessions . t banished j udge CO Op e r to the un

‘ civilized and Indian co untry west of the Mississippi and south

f t o . o S . I the Peter river , with headquarters at Mend ta t sent o term i nco ni to j udge Meeker int exile in the wil derness , that g

f St . lying west of the Mississippi and n o rth o the Peter river, l o a land where lay the beautiful ake Minnet nka, with its

o . charming and picturesque shores , yet undisc vered His headquarters were in an ol d dilapidated mill on the west bank

St o . of the river at . Anth ny falls o r r d In directing the census to be taken , the g ve no appointe

o r . o John M rgan , of Stillwate , as the superintendent Up n his o o report being made, the territ ry was divided int districts by o n o o o to be the g ver r ; and a general electi n was rdered . held , fo r o for the electio n o f nine members . the c uncil , and eighteen MINNESOTA HISTORICAL SOCIETY COLLECTIONS .

fo r o f to on members the assembly, the legislature meet the f 1 49 o 8 . third day September , This ﬁ r st Legislature remained in session till the ﬁ rst week o o o f November fo ll owing . During this sessi n the territ ry

o o o o . was divided int c unties , als int three judicial districts ﬁ r st in Judge C o oper was assigned to the district , which

' f o W b e cluded the c ounties o Washingt n , abasha , and Itasca , ing that p o rtion of the territo ry lying up on its eastern b o und ary and extending to the n orthern b oundary . Stillwater was f o o to o tw o the c o unty seat o Washingt n c unty, which the ther c o unties were attached fo r judicial purp o ses . Chief Justice

o to o Go drich was assigned the sec nd district , which included S o to o t . Ramsey c unty, with Paul the c unty seat , which were “ ” fo r o o of D akotah attached j udicial purp ses the c unties , “ ” “ ” Wah nah ta M ah kah to f , and , lying west o the Mississippi

. ud e to c om river J g Meeker was assigned the third district , o of o o o o p sed Bent n c unty , with c unt y seat l cated near the o of to m uth Sauk river , which Pembina c ounty was attached fo r o judicial purp ses . In the fo rego ing acc o unt I have b riefly menti oned the in cid ents pertaining to the o rganizati on o f the territ o ry and the f fi r st a o . n ot o ut o ye r in its hist ry It will be place , if I here o o review the c nditi ns that preceded the o rganizati on . I must o to 1845 o fi ft a o g back , m re than y years g , when I gave up my allegiance to the s o vereignty o f the State o f Ohi o and be o f o of o o came a willing subj ect the Territ ry Wisc nsin , l cating n at Platteville in the lead mi ing district . A t that time the m o st s outhern o f the three western c oun “ ” of o o o ties Wisc nsin territ ry was Grant c unty, extending o o of o to o fr m the n rthern line Illin is the Wisc nsin river, with i o n o the Mississippi r ver the west, and having its c unty seat

d o o f. at Lancaster, where resided that distinguishe f under the “ ”

h to St . o M . o o w o Pi neer Press , James , came Paul in _G dhue 4 “ ” 18 9 . o o o Next was Crawf rd c unty , its b undaries being the o n o Wisc nsin river o the s utheast , the Chippewa river and on o o Mississippi river the west and n rthwest , with the c unty t S . o o d u . seat at Prairie Chien Then came Cr ix c unty , which included all the territ o ry fro m the Chippewa river to the

o of o no rthern b undary the United States , with the c unty seat at Stillwater. EA RL DA YS O F M INNESO T Y A TERRITORY .

o o of St . o o This l cati n Cr ix c unty , with Stillw ater its co unty o t seat , was an imp r ant and leading fact o r in the future events and acti ons culminating in the o rganizatio n of the Territo ry of o Minnes ta . Here lay the remnant o f the vast No rthwest

o o ut of o o o f o ern Territ ry , which , by a pr visi n its rdinance, o ﬁ ve o nly states c uld be established . After the admissi o n of o o o of I wa as a state , the regi n n rth its n o rthern line and west of the Mississippi was kn o wn as the Indian C o untry or Terri o t o ry . The Mississippi was rec gnized as th e b oundary line between Wisco nsin territ o ry on th e east and the stat e of I o wa o be and the Indian c o untry on the west . In the vari us bill s tw o o o o f o fo re C ongress , and in the c nventi ns Wisc nsin ter o o o of o rito ry to ad opt a state c nstituti n , the questi n l cating f o w a s one the n o rthwest b o undary line o Wisc nsin a leading . os o o f h ad rn t ad vo There were ma ny pr op iti ns , all which ea es o in cates b oth in C on gr e ss and in the c o nventi o n . One was t o to o o c l ud e the enti re c untry, the British p ssessi ns, within the ot to o n ew State . An her was make the Rum river the b rder line o o extending thenc e t o lake Superi or . An ther placed the b und

t o a i o ary a St . Cr ix l ke and r ver ; an ther at the Chippewa river ; an d still a n other w o uld take an initial p oint on the h ighest ele f vation o the island of Trempealeau in the Mississippi river , n a d run a line due n o rth to lake Superi o r . It was a rgu ed by s ome that th e o rdinance of 1787 m ade it c ompuls o ry to limit the entire No rthwestern Territor y to ﬁ ve O n ot ﬁ f h e s . t Stat the her hand it was claimed that the State,

o o u b e so tr its o h o o Wisc nsin , c ld res icted in b undary t at a p rti n of the territ o ry c ould be taken in c o nnecti o n with a po rti on of the Ind ian territ o ry (obtaine d under the Louisian a purcha se' o t of o to m S o o n r h I wa , ake a future tate , with ut vi lating the n f provisi o s of the ordin an ce . This V iew o the case met with o n w fav r a d a s adopted . t f But other c ontenti on s aro se . Many prominen citizen s o ‘ W o en r o fo r a isc nsin wanted the tire ter it ry state ; yea , they o a n t o t o w uld h ve take the en ire earth , if they had the p wer d o so . Others w anted (and this was the l eading facto r tha t ultimately s ettled the c ontenti on'sufﬁ cien t left o f the Te rrito ry to a S th e o — gu rantee a future tate in N rthwest , hence these o for of th e a or for were adv cates the line Chipp ew river , the

. Ru m o o Trempealeau line The river was bj ecti nable , because it E MINNESOTA HISTORICAL SOCIETY COLL CTIONS .

was so near th e border of th e Chippewa Indian s that th e future o r settlement of the c ountry was to emote to j ustify an imme d iate organizati on of a new Territo ry ; and there were no set to k a tl ements as a basis ma e the cl im . A m Th e final result we all kn ow . compro ise of confl icti ng h o t e St. o views ad pted Cr ix line, which was approved by the c on stituti onal c onventi on an d confi rmed by a vot e of th e citi zens of Wisc onsin ; and subsequently it was ac cepted an d o d o n n appr ve by C ngress in a dmitti g the State into the U ion , al though it differed from the en abling act of a previous

C on gress . N o w o a o e o — o one one o ar se n th r questi n , a seri us , and n vel th e o of our n T rr o in hist ry Gover ment . N ot only a e it ry had e an f o but b en divided by act o the gen eral g vernment , a o o o c unty als , leaving utside the new State a full and c omplete

o o o t i s o ffi c e r o m no o c unty rganizati n , wi h t s perf r ing all the fu t o of o ffi ces t n and o i ns their respective , in pro ecti g the lives pr p r f ou i 'nite d e ty rights o its citi zens . Alth gh hav ng in name its t r o o sh erifi e of d Sta es cou t , county c mmissi ners , , regist r dee s, S ' s of o o ffice r s et t . o ju tices the peace, and other min r , y Cr i c ounty had been so divi ded that th e portion left o utside the State and c ontaining the o ffi cer s and offi ce s ab ove named was o an o i t o n wh o with ut y p wer or author y to pr tect the citize s , o o had prior thereto enj oyed their pr tection . C ngress had failed to continue in fo rce the l aws of th e territo ry of Wis c onsin over that po rtion n ot includ ed withi n th e b oundaries of r the State . But the people of that day were equal to the eme

n - n o e nme ge cy ; they were law abidi g, and a protecting g v r nt

' under auth orized law they res olutely determined to ha ve . Frequen t interviews and c onferences were had betwee n '

f St . the residents o Stillwater , Paul , Marine Mill s , and Bissell s o H o H . . n h . M o und (now kn ow as C ttage Gr ve', and wit Gen f S of e . o n ibley Mendota , and Franklin St ele, E sq , Fort S elling, and other s ; the result of whi ch was the hol ding of a general c o n o a t e r 1848 to nve ti n Stillwat r the fore pa t of August, , secure concerted action and adopt measures for th e organiza Off r or i o rnm tion a new ter it al g ve ent . A t this po int it may be proper to call your attenti on to the of s e r o r o h judiciary Wiscon in t r it ry p i r to t at date , and its

re o to a t of' th e o of S lati n th t par territ ry west the t . Croix . EARLY A Y S O F A R D MINNESOT TER ITORY .

th e um of 1 842 It was in s mer , when there were sparse settle m o o h of th e' ents extending fr m the m ut St. Croix lake to the f o St . o a falls the Cr ix , th t Judge Irwin of the sec ond j udicial

i of o i o a o distr ct Wisc nsin terr t ry, living at M dis n , wa s assigned to hold a term of United States distric t c o urt at Stillwater , th e o n Of S t. o o t h c u ty seat Cr ix c unty, al hough e. was a stranger an of y o . H e oo o to resident the c unty t k steamb at at Galena, an d n a t o m . He e a o la ded F rt S elling kn w th t J seph R . Brown of o was the clerk the c urt, and resided at Sti llwater ; furth e r o and than that he had no kn wledge, was ign o rant of any r o u te or means of c onveyan ce from the fo rt to the plac e of h olding o the c urt . The c ommanding o fﬁcer at the fo rt provided him with a ho rse and a guide to pilot him through the un settled

' o . o f St . o c untry Arriving near the head lake Cr ix, and inquir in f Mr or . was g B rown, he directed to foll ow the shore of the o a oo l o lake up ab ut mile, where st d a g cabin , which was e his r sidence . This was a sh o rt distance ab ove the present

o f . o site the State Penitentiary The j udge f und the cabin , an n n an d i and fo un d it occupied by I dian woma ch ldren , none o u e r n of whom c uld talk in the English lang ag o u de rstand it. o n of o a g e h Up n i quiry some pe ple eng d in building a saw mill , e rn Mr . o on lea ed . that Br wn was at his trading post Gray Cloud d in r o r islan , the southern pa t of the c unty, twenty o more i H e o o da m s n . e to o n iles d ta t return d the f ll wing y the f rt, a d ﬁ rst a o th e o upon the ste mb at down e riv r t his Ma diso n home, u e h i a th disg st d wit his tr p, an d declared th t e next time he held a court in Stillwater he would provide himself with mo o and an . ccasins, cl ut, bl ket 0 o o o mo N other c urt was held in St. Cr ix c unty till the nth of

1847 . b u sti ce June , This term had been called y Chief J Dunn ﬁ r r oc o th e i of the st j udicial dist ict, the casi n being tr al of a “ ” of th e w n Th chief e Chipp a India s named e Wind , who was d s f b n un er arre t for the murder o Hen ry Rust, a lum erma in m o am o am n e the e pl y of El Greeley, wh se c p the precedi g wint r ' was located on Snake r iver ab out thi rty miles from the S t. Croi

river . The holding of a regul ar term of the United States district co urt by the chi ef justice at Stillwater caused much interest n a m o g the attorneys of the district, and they made it the occa sion of a genuine social tr ip of about 400 miles to th e Falls of

11— 3 '

MINNESOTA HISTORICAL SOCIETY COLLECTIONS .

o - ch for e St . Anth ny, as mu that day as we at the present tim e h wo uld c o nsider a summer trip to Alaska . Judg Dunn , wit a e o s th e his d ught r, and att rney with th eir wives, j oined in M m o o . o excursi on . A ng the number w ere M ses Str ng, Frank

n o of l o C . s an J Dun , Samuel J Crawf rd Minera P int, Ben E a tm f m r h o W . o ( y partne at t at time', Ge rge Lakin Platteville, J

o and o o f o s P . Allen Barb ur Nels n Dewey Lancaster, Th ma V K d H n of o a nd V iram o o an . Bur ett Patch Gr ve, n wlt n James

Kn l ' - th e r ow ton of Prairie d u Chien . I may here add that ba of the ﬁ rst j udicial district of Wisc onsin territory embraced o n wh o o e att r eys in legal acumen and ability, an d in f r nsic not f o to th e s of an el o quence, were in eri r member y district , t including the m o st n oted a t orneys in the eastern states . I f of a on ly n eed mention the n ame o Mo ses M . Strong Miner l o oo o o o P int , a g d lawyer, and a p w erful and el quent adv cate ; he gained an envi able reputati on for h i s skill and masterly n K V of f H P a o . . defe se of James . inyard Pl tteville, the slayer of on d f o f Arndt Green Bay, the o o r o the Territ rial H o use o Representatives during the session of the legislature of 1841

It was such men as I have menti oned wh o were in attenda nce f o 1847 h e ﬁ rs o the c urt at Stillwater in June, , being t t c o urt of r o hi s of of ec rd ever held wit n the limit the state Minnes ota . O n ﬁ r st Of t ed the day the term the Indian chief was indic , and u the trial immediately to ok plac e . J d ge Dunn appointed m o f o o d M . S Sa uel J Crawf rd Mineral P int, assiste by Wilkin son i to co c , then residing in St llwater, ndu t the pro secuti on and

o o C . of als app inted Ben Eastman Platteville , ass isted by K o o o f d u fo r Wiram n wlt n Prairie Chien , the defense of the

. A t of t was h Indian verdic acqui tal rendered by t e jury . of the t o e o u n This trip par y ab ve m nti ned was an eventf l o e . was o to It , I may say, a visi n the minds of th o se visito rs to

an d th e of St. o Stillwater Falls Anth ny, as it at o nce devel oped o o inﬂuence o o o a str ng and p werful in the appr aching c nventi n , to establish such a n o rthwestern b oundary lin e of Wisc onsin as w ould leave no doubt of an immediate organization of a n ew

e or . was of e I t rrit y This especially true chi f justice Dunn . of i o to speak him with pr de, and in hon r his mem ory and name ; for wa s o od to me a s he ever a g and kind friend , much so a s a H a p rent can be to a child . e was d ign iﬁ ed and stern up on O F EA RLY DAY S MINNESOTA TERRITORY . the bench ; always c o urteo us and genial in h is so cial inter c ourse with att o rneys and friends . His often repeated declara tio n to me after his return from Stillwater and during the “ o o ne o o f ll wing winter was , that as certain as the w c nstituti n o f r th e s of o s was ad pted o tate Wisc nsin , j ust o certain was the ” “ i i o organ zati o n of a new te rr t ry to foll o w . Go t o Stillwater ” o was to . and abide y ur time, his advice me o of n My decision was made . In the m nth March the vote o the c on stituti on w as ta ken ; it was ado pted by a very large t o o o . a o a e maj rity I gain ren unced allegi nc state s vereignty, sati sﬁ d to be e o of u o e dep ndent up n , and a subj ect the a th rity th e of e S t . t , United ta es Within a few weeks aft r the resul of

' o o o o o the c nstituti nal v te was kn wn , I f und myself at Galena , “ ” on r of o - b oard the steamer D r . F anklin , which my l ng time our o friend , Captain Russell Blakely ( esteemed ass ciate', was

o . A s chi ef clerk, b und up the river t ear ly morn of th e last of 1848 Sunday April , , at Stillwater, with s ome misgivings o e o o but with a res lut step, I sto d up n the lan d of the unkn own

t e o a. A nd r I a m ro f fu ure Minn s t he e still , p ud o what that

e o o in, f Minn s ta has d ne the past, and o the gl o rious visio n int o the future. N o w us o to 184 8 . let c me back the mass meeting in August , O u my arri val at Stillwater I found living there an atto rney o Y u wh o h ad precede d me m re th an a yea r. o all know of

S . o o o o . r him , the H n rable M rt n Wilkinson As a membe of the of th e e of on u o m bar, and l gislature, also the c stit tional c nve o co n e e ti n , he was a re g iz d l e ader . As a m mber of the United a an d a th e St tes Sen ate, during the dark d ys of civil war, he gained a nati onal reputat i on by h i s zeal ous and el oquent appeal s to the patriotism of the people to sustain the integrity n in and the un ity of th e United State s . Eithe r in Ju e o r early 1 48 m an o n o o July, 8 , David La bert , att r ey of Madis n , Wisc nsin , o t ﬁ r r n at came and l cated in S . Paul ; he was the st p actici g o re e n o o t rney in this city, although at that time the wer c urts

to f of th e e . in which practice, e xcept that o the j ustice p ace

i Mr . Lambert s oo n became the ﬁ rm fr end and c on ﬁ da nt of Hon.

d c o - O r h im o n H . an e H . Sibley, p ated with in the m veme t for

I an d o se h R. o the new territo ry . t was with them J p Br wn I that the idea of the Stillwater conventi on o riginated . t did not take a l ong time to enlist such men as Franklin Stee le

- L A . m H . or su of o rt n ou o er W . ( tler' F Snelli g, L is R b t , F bes , N E I‘A H ISTO RI C T M I N S O Z A L SOCIE Y COLLECTIONS .

S P . o o L r enteu r o W . o . a p , Henry Jacks n, Ben Bruns n, F ls m , n o h th e o nt so h on th e o o of and ma y t ers, in m veme ; t at ccasi n t e e e t o fﬁce th e l h land sal s, at the Unit d S ates land , at fa ls 14 1 4 ﬁ rst o of St. o 8 8 w Cr ix, August , , hen the g vernment lands of our ot o h a o Minnes a were s ld, t ey c me in f rce, as it were , en r oute t o th e o a falls , pitched their tents ar und beautiful , o on o t o o o c ld spring the sh re o f lake S . Cr ix, cl se bel w Still water , and spent the night . During the evening they were o o t r m e W . S n d o h e s o J. . o a j in d by Furber, J hn N rris , _ , fr o G o o o o on r oute to a C ttage r ve and P int D uglas, als the l nd

. i s r s r tw o s an d sales The tr p by the e pa tie equired day , Still

e a o t a - o wat r was b u half way st pping place . With this gath th e o of ering, and mingling wi Stillwat r pe ple, the subj ect a n e wTerrito ry beca me the absorbing t opic of convers ation ; and then and there it was d ecided th at a general meetin g in o n o o be o n 26th d f c nve ti n sh uld held the ay o August . A t tua e o h the time mu lly agr ed up n , the people came toget er, o o of e a or I with ut the f rmality elect d deleg te s cre de ntial s . t was o on e n om estimated that ver hundred were prese t, fr the ff s em f di erent ettl ents in the c ountry. O the lawyers in attend e m B a W . o a D ance w re David L bert, . L tt, and Willi m . Phillips, wh o St n o . had recently arrived a d l cated at Paul , and Mo rton

f . n S . Wilkins o n and myself o Stillwater Th e c o vention was o rganized by the election of Gen eral Sibley by acclamation to m n ot os i . I a I preside p itive, but th nk that Gov. William o o t a s o wa H lc mbe was selec ed secretary (p ssibly it s Jos eph R.

Brown'. After a statement by the pre siding o fﬁ cer of the pur o of th e n o of ﬁ v o p ses meeti g , a c mmittee e was a pp inte d to ort o u rep res l tions . . mi vi L h o a a H. . O f t is c m ttee were D d Lambert (ch irman',

o r o r s o o se h R. o n. M ss, Orange Walke , S c ate Nels n , and J p Br w The c ommittee me t during th e n oon h our reces s in the store ' Mr Mr o o . . a ro om c onnected with . Nels n s st re L mbert imme of a e s of e o o dia tely submitted the draft pr amble, eries r s luti ns, ' and a p etition to C ongre s s which evidently had been prepared n o with careful deliberatio . They fully expresse d the purp ses h o n o e o fo r which t e c nve ti n was h ld , and the c mmittee adopted r i e o o . e n a them after a bri f c nsiderati n Gen al Sibl ey, l ter years, info rmed me th at he had wri tten a statement of the conventi on ' fo r preservati on ; and I am in ho pes that amon g his papers now of of oc o of re ( a part the archives this s iety', a c py that p EARL A S O F Y D Y MINNESOTA TERRITORY .

o be ou amble and res lutions can f nd . A t th e afternoon session o n o o o of the c nve ti n the rep rt of the c mmittee was adopted . Several t opics un de r c onsiderati on caused at times a nimated am di scuss ion . The n e to be given to the propo sed new terr i m o n t . . W . o T. o t ry was the least Rev B utwell , wh o for many w as o o h e a years a missi nary am ng the C ipp w s , wanted the “ ” n a a n ame It sc , it being the ame of the lake given by c oo c a s e n o om S h l raft, is w ll k wn, fr the Latin w o rd s ver i tas ca ut as p , he declared that lake to be the true head or sou rc e of a the Mississippi . This n me had many advo cat es ; it was a e and i ni beautiful nam , and was expressive s g ﬁ cant in h aving m o . a n a l cal application If I not mistake , it was inserted in a Hon M L o . . . o bill intr duced by Martin , delegate fr m Wisconsin

e 1845 for o of ar t rritory, in , the organizati n a sep ate terri to ry

in the Northw e st . “ n r o o e ot d Ge e al Sibley pr p s d the name Minnes a, an ex “ plain ed th at it wa s th e Siou' w o rd for th e largest river of ro o o entirely within the limits the p p s ed Territ ry. This river h “S ” “ St ” own o t. e r an was t en kn nly as the Pierr or . Peter iver, d f appe ared as such in all publishe d ma ps o that day. Th e Indian name was so little kn o wn at that tim e that discussi on an d o h a d o o nd explan ati n were , to decide up n the pr per spelling a o o o pr nunciati n of the w rd, whether it was to be spelled with n n d “ ” o e a er a e o or two . n th eby h ve it Min s ta, with O the 2 L 3 1 6 on . d 84 H M . . to day of December, , Martin , the del egate r fo r o o Congress from Wisconsin , int oduced a bill the rganizati n

r o . On o h n a of Mine s ota ter it ry another ccasion , w e bill was “ ” for an o of s e o h e o pending the org izati n Ita ca T rrit ry, m ved an n for of o o ame dment the name Min es ta to b e inserted . Senat r D ougla s introdu ced a bill into the United States Sena te for th e o o of o of s o o rganizati n Mines ta. Th e action thi c nventi n gave at o o o o it unquesti onably th beautiful and s n r us expressi n ,

- s - s l a s u e e Minne e ta, and re u ted in selecting it the fut r nam of the proposed Territ o ry . t er o of e o s o at o O h t pics interest wer c n idered , namely, the l c i n

of the capito l an d other public buildings . I think that at this point it will n ot be deemed improper if I allude to what our so a ad as ci te, Judge Flandreau , said a few years since in an uni or o o a dress befo re the J Pi o neer Associati n , ab ut a trip rtite

. on o on a o o o treaty Not ly in thi s c nventi , but ls utside, up n the e and d o er th e o th e str ets, up wn the riv , and in l gging camps, MINNESOTA HISTORICAL SOCIETY COLLECTIONS .

t n o subj ect wa s freely and openly discussed . While here was

formal agree ment or resoluti on all otti ng the capital at St .

ul a e at St . Pa , the penitentiary at Stillw ter, and the univ rsity e a e e r n o Anthony Falls, yet ther was gen ral und standi g am ng o o of the settlers, acquiesced in h nestly and fairly by the pe ple M r n o a o tha t day. . Sibley wa ted the capital l c ted at Mend ta ; o e to it h e e o it was, h wev r, impracticable urge ; kn w it w uld

it for . o t avail him n othing to press , the reas n that the en ire c ountry west of th e Mississippi river was Indian territory out

side of th e limits of the military reservati o n of F o rt Snelling . P l d f l to St . au e an He favored , and was ev r unyielding faith u the personal pledg es an d mutual unde rstandings of his fellow Mr ' i . . f o cit zens Franklin Steele, o F rt Sn elling, was interested r o nd t o h h is in the wate p ower at St. Anth ny Fall s ; a hr ug personal inﬂuen ce the l o cati on of the universi ty at that p o int Th o no t in was agreed upon . e reas on why the l o cati n was se rted o for a an d n in the rganic act, as it was the capit l pe i tentiar o n o ar o o y, was that C ngress made m onet y appr priati n for r f a university buildings . The survivo s o th o se d ys well remember an d kn o w what tho se mutual understandin gs an d a e m n o in r o m gr e e ts were , m re binding and sacred th eir pe f r n c n ou a e and endurance tha n if made u der bo nd and seal . C ld s I one o o e uch men as have menti d , Sibley, Steele, H lc mb , o o o Br wn , Nels n , Walker , and Lambert , have risen fr m their a r a man s n s gr ves and hea d the appe ls and de d , duri g the la t f r l e i sl atu r e b o wh o o o sessi on o o u state g , y th se adv cated rem val

St. o a o of the capital from Paul , they w uld have been st unded, “ e out to e m o ' a o and w ould have cri d th , H ld Ce se y ur unj ust ' Y are h o o demand s e a fait less and repr bate generati n , de ” spoilers of the m onuments and good w orks of your ancestors ' Y ou e e o a s to mus t excus thi s digr ssi n , it is my desire place o o to o a up n an enduring reco rd my testim ny as facts, up n n subj ect whi ch of late has interested every citize . w o f r To ard the cl se o the convention M . Sibl ey informed tho se present of his intention to spen d th e approa chi ng winter in h o of th e to Wa s ingt n in the interests terri rial movement , and suggested the adoption of a res oluti on reque sting him to r ep re t e o eh o sen the p ple in that b alf, saying that such a res oluti n would give him an inﬂ u en ce and standing with members of o t a o C ngress, and h t thr ugh such supp ort he c o uld secure inter EARL A S O F Y D Y MINNESOTA TERRITORY .

i m h e H V e ws with th e embers wit b tter hope s of success . e al so sta ted that his stay in Washin gt on w o uld be at his o wn d s o a sk o o n n an o o o e . expense, that he h uld c ntributi ns fr m s e o o a o m A eri s of urgent res luti ns was dopted , auth rizing h i o i o as r of t z nd to g to Wash ngt n the epresentative the ci i ens , a to m r n c m o of o r for re ain du i g the o ing sessi n C ng ess, the

‘ o oct r or n a o of o o r o purp se secu ing the ga iz ti n the pr p sed ter it ry, and also requesting that he be all owe d a seat on the ﬂ oor of Th e o o th e H ouse of Represe ntatives . c onventi n adj urned after of one a o a session day, with much enthusi sm am ng all present fo r the w ork befo re them . I n ot n o or o o o t was ma y days , h wever, bef e a new pr p siti n or n o n wh o theory was started . I have ever kn w the author of

Mr . to Mr . e it was . Sibley and Lamb rt came Stillwater, and e o o o t h ad ﬁ rst an int rview wi th G vernor H lc mbe, then wi h h n M Ku si ck o o of J o c and S crates Nel s n and Orange Walker , a o o on a Marin e Mills , and the result was c rresp ndence the p rt n d o n ohn of General Sibley a G vern or Ho lc omb e with Ho . J o o u hi m o o Catlin of Madis n , Wisc nsin , s bmitting to the pr p sitiou that the division of Wisc onsin territo ry and admiss ion of a porti on there of as a State in the Union did n ot di sfranchi se a o f i o th t p rtion outside o the state b oundar es . Ge neral D dge, o r th e as on te g verno of territory, w elected e of the United Sta s f o o new . o s o senat rs fr m the State J hn Catlin , ecretary the T r t am cw o i i o o r e o r er i ory, thereby bec e ﬁ c g verno th re f, unde the o o t A s o pr visi ns of the organic act of tha territo ry. bef re f f th st e or i o o . r o e t stat d , that p t n St C oix c ounty west a e bo undar y had a complete and perfect o rganization under th e r ori e h n s to ter it al laws , exc pt t at no o e had as umed exercise au i o n H. executive th r ty . The H onorable Joh Twee dy of Mil so o n a to th e waukee, after th e admission of the new St te in on n o a s o Uni , resig ed his seat in C ngress, the delegate fr m o Mr n o Wisconsin territ ry . . Catlin at o ce resp nded to the let o f Mr r . Mr o o o e ters Sibley and . H lc mbe , c inciding with th i on m views the questi on . Thereupon a fo r al request signed by Mr to o to these gentlemen and others was sent to . Catlin c me Stillwater and assume the duties of govern o r of Wisconsin o territ ry .

o o er o th e of Mr. S n thereaft , ab ut middle September, Catlin

with his family removed from Madison t o Stillwater, having NN I MI ESOTA HISTORICAL SOC ETY COLLECTIONS .

a i n in his possession the gre t seal of the terr tory of Wi sconsi , o o s th o r and immediately issued his pr clamati n, a e acting g ve nor fo r e l o to , a gen ra electi n be held at the usual date, as r e o o for h n p ovid d by law, in the f ll wing Novemb e r, t e el ectio of o fﬁ c e r s d s r o for un er the law of the Te rit ry, and especially the election of a deleg at e to C ongress from the Terri to ry to ﬁll

a f M r . the vac ncy made by the resignation o Tweedy. In due

c o er on e of the m o st time the ele ti n was held, aft spirited and m of o a active ca paigns tha t ever occurred on the soil Minnes t , Ri e H . c f r o o M . . between the friends o M . Sibley and the H n rable

The latter had m any zeal ous and active suppo rters . During o h s o e the summer m nt , he had under a c ntract with the g neral government been eng aged in rem oving th e Winn ebago Indians o e a s f o o o to r fr m th ir l nd in the vicinity o F rt Atkins n , I wa, thei H h o to new res ervati o n at Long Prairie. e was t eref re unable an e n i give y p rso al attent on to the territo rial m ovement, and the canvass of his friends was unequal to the str onger inﬂuen ce in o of Mr o th e r fav r . Sibley among his ass ciates of Stillwate

Mr c . wa s A s is we ll kn own , Sibley elected by a respe table maj o rity ; and in a few days thereafter he starte d with hi s ﬁ r n hi o . a e e family for Was ngt n He went n ot only s st int d d, as the repres entative of the vo ice and wi shes of his fellow' t o f o citi zens, but as a delega e fr m the territory o Wi sc nsin , ce rtiﬁ cate of th e o o with the credentials and the g vern r, with o o e the seal of the Territ ry attached . N twithstanding that h

for tifi ed o fiicial o Mr was thus with d cuments , . Sibley found at once on his arrival th at a diffi c ul t task was befo re him ; on hi s r t o v o e presenting c eden ials, a spirited oppositi n was de el p d a H o o . e gainst his claim as a delegate was, h wever, all wed of floo r the privileges the .

i The oppo sition arose fr om var ous causes. Ignoran ce a s to o of o the ge graphy the c untry , its climate, and the charac h . of t e ter of its residents , very generally prevailed One

o on o to Mr . e o senat rs , being intr duced Sibley, express d ast nish di niﬁ ed o e en e at he wa s and ment to the g and p lish d g tl man th ,

said h e expected to meet a person of dark complexi on, orna h en mented with trinkets and feat ers . My fri d and acquaint M f osfe h . o o e o o s o San ance, Hon . J p R t , memb r the H u e fr m o of a o o o o h a a dusky, Ohi , in one his appe ls in pp siti n t t e o rg niz EARLY A S O F A D Y MINNESOT TERRITORY .

“ o ' ' tion of the Territ ry, e claimed, When God s footstoo l is so densely po pulated that each human being can only o ccupy tw o n ot feet square, then , but till then , will a white man go to that o o of o fi hyperb rean regi n the N rthwest , t only to be the home of ” savages and wild beasts. n ot Th is ign o rance is surprising, when we call to mind that mo of o e th e con St o ' st the c untry lying b tween Wis sin and . Cr i r rs e e o r ive was at th at tim an un xpl red wilde ne ss . Similar igno rance prevailed very gen e rally thro ugh out the eastern and r l es o of s cent a stat , and was the occasi n an amu ing in cident r o a o er o m t o ou venerable ass ci te, G v n r Ra sey, when he was w ith his family ar ranging to leave the fri ends and neigh bo rs of h i s Pennsylvania ho me to as sum e his official duties as govern o r f n o for of a country they knew n othing o . A xi us hi s safety and r h of a o e h e o welfa e, t ey inquired him , by wh t r ut was g ing to Minnesota ' Would he go by the Isthmu s an d Panama ro ute ' o r w o uld he take the l onger trip ar o und Cape Ho rn by sailing vessel r th e a n d rt i M . Sibley had active energetic suppo , dur ng the f f e o o o o th o o A . on entire sessi n C ngress , H n rable Stephen D g en o o Il o an d a of th e las, s at r fr m the state of lin is, chairm n o n r Af c mmittee o Territo ie s. ter many s essi on s and delibera tions of the c ommitte e on elections of the Hou se of Rep re ' se nt tiv s - a e ort in f Mr. a , a rep wa s made favo r o Sibley s cl im ; and about the middl e of Jannary the H ou se adopted the rep o rt of o o o h i s e e a o the c mmittee, and he t k s seat a th del g te fr m B h f Wiscon sin territ o ry. y this act t e House o Representatives established the precede nt that th e divisi o n of an organized Territory and admitti ng a pa rt as a State int o' the Uni o n did not annul the c ontinua nce of th e territo rial government o ver o m o . fi nal r e as o a the p rti n re aining The sult was , bef re st ted , that th e act for the organization of th e Territory of Minnes ota e was 3 1 4 o e a c 8 9 . pass d and appr v d M r h , It was man y weeks a fter the open ing of the river that spring

when n e wcomers began to arrive b oth at Stillwater and St.

on o . Paul , am g wh m were several lawyers The largest number o e T ﬁ r st o e st pp d in St. Paul . heir gathering t g ther was at usti ce oo Stillwater, at which place Chief J G drich had decided o f o un th e t o or to h ld a term o c urt , der laws hat were in f rce bef e in o h in the division of Wisc ons territ ry, which was eld dur g the MINNESOTA HISTORICAL SOCIETY COLLECTIONS .

1849 . A a of sec ond week of August, regular p nel grand and

f r te rm . b th e if petit j uro rs had been summoned o the y sher f,

r o r . John M o rgan, and Ha vey Wils n , cle k All the atto rn eys present we re required to take the o ath as attorn eys under the laws of th e territo ry of Minnes ota an d

Mr . o made of rec o rd The fi rst on the list was Wilkins n , as he wa s the fi rst to settle withi n the limits of th e terri to ry ; my name appea rs as seco nd ; then foll o w th e names of David Lam h o o o bert and Henry Lambert , w o b th came fr m Madis n , Wis l Wakefi eld and o o St . s c nsin, and l cated in Pau ; then Jame , K o to of i du i n Wiram n wl n , the latter a resident Pra rie Ch e , h e o d d e c and e Wisconsin , where c ntinue his resi n e subs quently K be came a judge of the district c ourt of that S tate ; Charles .

o . of St . Smith an d Al exande r M . Mitchell , b th residents Paul , i o S . oo wh o came from Ohi o ; John G dr ch, fr m Michigan ; h o l D . o a Wi liam P illips, fr m Maryl nd ; Edmund Rice , fr m t r o i E i ll V S . G. Wh ta Mich gan ; . , from irginia ; Samuel Den , f m

A . a o o Ken u n o o O o L . t cky ; Put am Bish p , fr m hi ; B bc ck, fr m Io w wh o o on o to th e o a, l cated, c ming Territ ry, at Sauk Rapids ;

B W . o o o o Yo . Alexander Wilkin, fr m New rk ; L tt, fr m Illin is ;

H L . B . o . . w S . ro N e and 'uay and Wait, f m Y rk As I make thi s rec ord of tho se nineteen members of th e ﬁ rst a o di o of ou r o on 13th j udici l pr cee ngs in the hist ry Territ ry, the of u 1849 o o o reﬂ ecti on day Aug st, , I cann t refrain fr m a s ber , am o and h r o that I the nly survivo r, t at e e l ng my name will

o o e e . be included with the departed , and the rec rd there f nd d During the autumn of 1849 a numb e r of other att o rneys ar i n i o m E. s rived the Terr t ry. Am ong the were Michael Ame ,

o o K r o h o d . o w fr m Wisc nsin , and Fre Bartlett, f m Wisc nsin , o e d a F . t on an l cat d at Stillw ter in Septembe r ; H . Mas ers

o S o o wh . L . o o Orland im ns ; Ge rge Becker , fr m Michigan , ar

St . o P . o rived in Paul in Oct ber ; and William Murray, fr m i o wh ul t Oh o r St. in r t , eached Pa la e December, a riving j us in “ ” to o n S n s h e time be kn w as an Old ettler, tha k to t United c States mail arrier, who landed him in Stillwater, bringing

' t th e ﬁr st o r o da Ohi en after wi h him mail thr ugh f m Prairie , o the cl ose f navigation .

o ﬁ rst r As bef re stated , the legislature divided the ter ito ry i u an d t . Th e ﬁ rst s into co nties judicial dis r cts di trict , which e o o o includ d Washingt n c unty, with c unty seat at Stillwater,

MINNESOTA HISTORICAL SOCIETY COLLECTIONS .

e of o t f o j udges, a large numb r att rneys se tled in di ferent t wns h o e r r e e o n as in the territ ory, w s names afte wa d b cam pr mine t Hol n of wh o are . leading lawyers , ma y m still living William o of lin sh ead settled in Stillwater in the m nth September , , i e o o o 1850 ; after rema ning ther the f ll wing winter, he rem ved in th e i of 1851 o o o m a n to St. Paul spr ng , and s n f r ed copart er s ﬁ rm ship which bec a m e th e well kn o wn and di tinguished , o o o e . Rice , H llinshead , and Beck r Am ng ther arrivals were M Mill an l r a o S . J. R . c Isaa c Atwate , at Minne p lis ; , at Sti l f o sub se e St . o water ; and Lafayett Emmett , at Paul ; all wh m quently beca me j udges of th e Supreme C ourt of th e State and

wh o m e R . R. are still living . Ano ther ca e at this tim was

o o d Ne lson , wh m we all kn w as the present distinguished j u ge

of the United States district c ourt. Pri o r to a nd with the sec ond sessio n of the territorial legis r 1851 an d to 1853 e a o fﬁ cial l atu e in , extending , b g n criticism

ol itical ' strife s on o o a and censures, p and c tenti n s ; and ere l ng very general c ondition of an tagonism and anim o sities prevailed . Ther e were n o political o rganizati o ns n o r partisan p olitics at

o and conﬂi cts. issue . It was simply a seri es of perso nal p litics T here were the Sibley party, the Rice party, the Mitchell party, o t h for . man the T dd party, the Wilkin par y, etc , etc . Eac was “ ' ”

n for o . e himself, with a do t care the hindm st The j udg s n l a d other o ffi c ia s did not escape cens ure and complai nt . Among s ome o f them there seemed to exist a wan t of c onfi or f r e n or s n ot dence respect o each o th r. Ma y of the att n ey did hesitate to freely and openly den ounce the judges of the fi rst and second judicial district s as unfi t and in competent to r epre sent the judiciary of the territo ry ; but n o charges o f c o rrupti o n

( M o a s e e . . o or m lfea anc . were mad against them James G dhue, “ in his edito rial s of the Pi oneer, c ontinua lly adde d fu el to ﬂ am e s was o V in the ; he sensati nal , exasperating, and even dictive in his articl e s . There are gentlemen still living wh o were of a self c onsti tuted c ommittee wh o in th e early spring of 185 1 went to Wa sh in ton e on s e r of to g and call d Daniel Webster, ecr ta y state , o of u sti ce oo ri secure the rem val Chief J G d ch , and at the same a d on o o to time c lle James C llamer, p stmaster general , secure

o of th e o o n . the rem val Franklin Steele, p stmaster at F rt S elling

h s o m et n . Th r f T i c mmittee with o success e sec etary o state, EARLY A S O F A D Y MINNESOT TERRITORY .

o n s o after hearing their c mplai t , decidedly and p sitively de o o c lin ed to give the matter any c nsiderati n . General C o llamer a o o to W fi rs turne d their applic ti n ver Henry Fitz arren, t wh o o u a f assistant p ostmaster general , , unf rt n tely o r th eir pur a was so Mr . and h p o se, per nally well acqu inted with Steel e ; t eir n ot a pplication for his removal was entertained . The oppon ents of Judge Go odrich did n ot c ea se in their n efi orts to se cure his removal . There were ot wanting o ther r e 1851 causes of co mplaint against him du ing the y ar , and 1852 a e to d o wa s early in Jannary, ; and l tter Presi ent Fillm re o ai s ecifi cation s of o e as fo rmul ated , c nt ning p inc mp ten cy a fi tn s a s e an d of o n lawyer and un e s a j udg , impr prieties o and ‘ n off the bench . The letter wa s sign ed by a umbe r of p ro minent or wa s s to n ow h o att neys, and ent a gentleman living, w at that o i o h h time was st pping in Wash ngt n, wit a request that e make n f am t a per sona l presentatio o the s e to the president . Whe her

r no t n . o o t o he did as requested, I n ever k ew The pp si ion and a s uffi cien t o t m ch rges against the j udge were , and in a sh r ti e er nn 1852 re o e thereaft , in Ja ary, , he was m v d by President Fill m an d o l o h ore, Jer me Ful er of New Yo rk was app inted c ief o justice of the territ ry. The opp o sition to Ju dge C O Oper aro se from entire ly differe nt H o s . e o o cause was c nsidered a g d lawyer, technical and pre i on th was cise ; he sat w th dignity e bench, which natural for s o o him ; but he was o p o sitive. in his c nvicti ns that he could no t o hi endure pposition to them , and frequently ex bited irrita n h f tio n an d so metimes a ger to those w o di fered from hi m. His refi ne ment in manner an d dress was the o ccasion of ridicule am on g the ha rdy and robust lumb ermen with whom h e came 18 1 M r ' o f 5 . oo in contact . As early as the winter G dhue s edi tor ial s were overbe aring an d unmerciful toward him . Friends made an effort to have these attacks up o n him cease . It r of no . o se oo was avail J ph C per, residing at Stillwate , a e o a on bro ther of th e judg , to k up the m tter and made it a pers al o of affair in the defense of his br o ther. Rum rs threats and e pers onal attacks w ere in the air. E ach had prepar d himself O n r r o to for any emergency. a Feb ua y m rning they met face fa ce on the sidewalk a sh o rt distance ab ove where n ow stan ds m n ot c onflic t . a the Metro p olitan H otel , and the came I aware A that it is kn own which of them made the fi rst attack . shot N TY MI NESOTA HISTORICAL SOCIE COLLECTIONS .

' from th e pistol in Goo dhue s hand struck C oO pe r over the l eft inﬂictin a o o h not ta gro in, g w und, which , th ug fa l , made him an ' invalid fo r life . The knife in C o oper s ha nd made a deep slash ' acro ss Go odhue s abdomen ; it fortunately did not pen et rate for the intestines , but left his life in peril many days . This tragedy o ccurre d direc tly in front of th e building where the

territ o rial l egislature was then in s essi on . o o o e r These pers nal anim sities c ntinu d du ing the year, until 2 of th e a anu ar 185 . th e the meeting legisl ture in J y, With o of u sti ce i e at app intment Chief J Fuller, the leg slatur the same in o a o o of time being sessi n, a new deal was m de in the f rmati n s a s of o o o to e the judicial di tricts, the result the pp siti n Judg o f Co oper in c onnection with the rem val o Judge G oodrich . e o o o an o o n P mbina c unty, heret f re un rganized c u ty and at t h ton o t o set for ac ed to Ben c un y, was rganized and apart r o judicial pu poses . Its p pulatio n c o nsisted almo st entirely of — s few half breed , with a white trad ers . 6th 1852 o O n March , , an act was appr ved setting apart the f o s o th e ﬁ rst c ounties o Washingt n , Ramsey, and Chi ag , a s

u h d . j dicial district , to which C ief Justice Fuller was assigne e o c to B enton c ounty was made the s c nd judicial distri t , which Ju d ge Meeker was assigned ; and the new c ounty o f Pembina was made th e third j udicial district and Jud ge C o oper assigned o o o o o t of theret , thus rem ving him fr m Washingt n c un y the ﬁ rst d w for n e re istrict, here early three years he had b en the p

siding judge . u sti ce Chief J Fuller arrived in St . Paul while the legislature of 1852 was in sessi on ; and on the third day o f May he o pened f o o f the spring term o the district c urt , which had a s essi on ab out three weeks . The sessi o n of C o ngress that year was the “ ” on s o c of e o l g se si n , and the a tion the s nate up n the nomina tion of Judge Ful ler wa s delayed by the stron g opp o siti on of

s a o H . w of Yo en t r William Se ard New rk , which res ulted at of o t o of o a late day the sessi n in the rej ec i n his n minati on . o H n o o o . Z Thereup n President Fillm re app inted Henry . Hay of o N ew Yo c of th e ner, Tr y, rk, chief j usti e Territ o ry . There n o o o o to o was pp siti n him , and his n minati on was conﬁ rme d by H r i St e a e . the senate . r v d in Paul early in the m onth of Sep e to o to o th e a of th e ou temb r, but late h ld f ll term c rt . There n o of o 1853 being winter term the supreme c urt in , Judge EARL AY S O F T Y D MINNESOTA TERRI ORY .

Hayner had no o pp ortunity to preside at any term ; his duties we re limited t o such matters as came bef o re him at chamb ers . “ The val idity of the a ct of the legislature kno wn as th e Maine o liqu o r law was argued bef re him , and he decided it as l unc on stitutio na . o o of o th e for By the pr visi n the rganic act, time which the t territo rial o mc ers were app ointed was limited o four years . During this time there were held only tw o terms of th e supreme ﬁ r s wa s 1851 u sti ce oo ri c ourt . The t held in July, , Chief J G d ch , i ud es oo r . O t o n and J g C pe and Meeker, presiding the a t r eys n o o on o of th e o r prese t, wh se names are enr lled the rec rds c u t, o n o w h H n R . R . w o o . o and still survive , are the Nels n , the seni r ri j ud ge of the United States dist ct c ourts ; Hon . Isaa c Atwater a e e e of and Laf yette Emm tt, who subsequ ntly b came judges the

f r P . ou o ou a . supreme c rt St te ; William Murray, Esq , myself, 1 2 ot . o s o 85 n and hers An ther ses i n was held in July, , whe

Chief Justi ce Fuller and Judges C o op er and Meeker presided. s of o The term the judges having expired by limitati n, Presi

n oo u Hon . de t Pierce, s n after his inaug ration , appointed Wil

H . of Hon o liam Welch , Red Wing, chief j ustice ; and . M ses h of H n A d f o o . . G h tﬁ el o Y S erburne, Maine, and . O a , New rk ,

. of i wh o fﬁ s for o judges the terr tory, held the ir o ce f ur years , the of limit their app ointment . A t the next session of the territorial legislature foll owing o of w a s the app intment the j udges by President Pierce , there a readjustment of the j udicial districts o f the territo ry and of o assignment the j udges . Washingt n county and the co un ties bo rdering on the western bank of the Mississippi river constituted the ﬁ r st j udicial district ; and Chief Justi ce Welch to o th e was assigned preside ver same , having his residence

. o o o o at Red Wing H n rable M ses Sherburne , up n his arrival o o S t . in the territ ry , l cated at Paul , and was assigned to pre o o side ver the sec nd j udicial district, which c omprised the o f o counties Ramsey and Bent n , with other co unties attached o for theret j udicial purp o ses . The new counties west of the Mississippi river and b o rdering on the Minnes ota river became

t G . the third judicial district , o which the Ho n o rable Andrew Ch atﬁ e ld wh o was assigned , made his residence at Belle

Plaine . O f the territ o rial j udges appointed by the presidents of the ou r o two United States during existen ce as a territ ry, survive, A. MINNESOT HISTORICAL SOCIETY COLLECTIONS .

o R . f o o R . o o o namely, H n rable Nels n , wh m I have hereinbef re

o o r C E. u o o o . made menti n , and esteemed ass ciate, H n rable

F l an d rau . With this resume of the executive and j udicial admini stra fo r ﬁ rst o of o u r o ti on the f ur years territ rial existence , I bring to o e o mi r and this article a cl se, l aving it to thers , more fa lia h to a h t e Hon . capable than myself, t ke up the theme wit Willis

A . or ou r o o l o o G man , sec nd territ ria g vern r, and the judges

app ointed by Presidents Pierce and Buchanan .

I o s o to b t o one n c nclu i n, I desire pay a tri ute still living, wh o o o now has passed f ursc re and ten years , being in his nine t - o one wh o o 1836 y sec nd year, was in Oct ber, , elected as the o o o o h n m delegate in C ngress fr m Wisc nsin territ ry, w e the li its o f th at territory extended fro m the western sho res of lake h a o h ort r s f l Mic ig n , al ng t e n he n lines of the state o I linois and o to o o n s and to Miss uri , the Miss uri river the we t, the British o o on o o o n p ssessi ns the n rth , with its capital at Burlingt n s t th the Missi sippi river. I refer o e H on o rable Geo rge W . ' ﬁ r in o of o . st J nes , Dubuque , I wa I made his acquaintance

1845 o 1847 . August, , and last met him in Oct ber, His life and histo ry are an essential element in the his to ry of that V Vi scon in o r of w now o ﬁ ve of s Territ y, hich are comp sed States the o o o o o Uni n , namely, Wisc nsin , I wa, Minnes ta , and S uth an d He h as ee o s i No rth Dakota. ever b n an ardent and zeal u fr end f r f o h of every mo vement o the a dvancement o the N rt west . In 1838 his p olitical aspi rati ons were ch ec ked and his future pros “ pects darkened by his adherence and devo tion to the co de

” ' i f on a of hon or which then ex sted, in bec oming the sec ond o J f wh o o h E. o t to than Cilley, Maine, was br ug an untimely end of of K H at the hands William J Graves entucky. e has ever s in n of w h r ce retained his reside ce within the limits Io a, eit e u ﬁ as territo ry o r state . Yet we are j sti ed in claiming him as r ou r ﬁ st delegate in C ongress. Every delegate that has suc

c ee d ed e om o o r him , either as d legate fr Wisc nsin, I wa, o Minne o ta e th e ﬁ rst s , has pass d away, and he still survives . Recalling

w I e on a ﬁ ft s a I the time hen knew him p rs lly, y year go, wish to place upo n the rec o rds of thi s S o ciety o ur testim onial in re memb ran ce of him and his services in fo rmer days in develop il s o w ing the vast possib itie of this N rth estern territ ory .

“‘ in c th is w as writt n G n ral n d i l Jo s d Ju 22 1896 . S e e , e e e e y ,