About this book

Fifty Years In The Northwest

William H. C. Folsom

W. W. Phelps, May 11, 1858, to March 4, 1859; J. M. Cavenaugh, May 11, 1858, to March 4, 1858; William Windom, Dec. 5, 1859, to March 4, 1869; Cyrus Aldrich, Dec. 5, 1859, to March 4, 1863; Ignatius Donnelly, Dec. 7, 1863, to March 4, 1869; M. S. Wilkinson, March 4, 1869, to March 4, 1871; E. M. Wilson, March 4, 1869, to March 4, 1871; John T. Averill, March 4, 1871, to March 4, 1875; M. H. Dunnell, March 4, 1871, to March 4, 1883; H. B. Strait, Dec. 1, 1873, to March 4, 1879; William S. King, Dec. 6, 1875, to March 4, 1877; J. H. Stewart, Dec. 3, 1877, to March 4, 1879; Henry Poehler, March 4, 1879, to March 4, 1881; H. B. Strait, March 4, 1881, to March 4, 1885; W. D. Washburn, March 4, 1879, to March 4, 1885; Milo White, March 4, 1883, to March 4, 1887; J. B. Wakefield, March 4, 1883, to March 4, 1887; Knute Nelson, March 4, 1883, to March 4, 1889; J. B. Gilfillan, March 4 1885, to March 4, 1887: Thomas Wilson, March 4, 1887, John Lind, March 4, 1887; John S. McDonald, March 4, 1887; Edmund Rice, March 4, 1887. FIRST STATE LEGISLATURE, 1857-8. Richard G. Murphy, president; William Holcombe, lieutenant governor. Senate: First District--Joel K. Reiner. Twenty-fifth District--W. H. C. Folsom. House: First District--J. R. M. Gaskill, George W. Campbell, Robert Simpson. Twenty-fifth District--John G. Randall. SECOND STATE LEGISLATURE, 1859-60. Senate: First District--Wm. McKusick, Socrates Nelson. Twenty-fifth District--Lucas K. Stannard. House: First District--E. D. Watson, Abraham Van Voorhes, Orange Walker. Twenty-fifth District--Patrick Fox. THIRD STATE LEGISLATURE, 1861. Senate: Second District--Joel K. Reiner. House: Second District--H. L. Thomas, E. D. Whiting, Emil Munch. FOURTH LEGISLATURE, 1862. Senate: Second District--Joel K. Reiner. House: Second District--Wm. H. Burt, H. L. Thomas, E. D. Whitney. FIFTH STATE LEGISLATURE, 1863. Senate: Second District--John McKusick. House: Second District--Samuel Furber, J. B. R. Mitchell, Ansel Smith. SIXTH STATE LEGISLATURE, 1864. Senate: Second District--John McKusick. House: Second District--Jere M. Soule, R. R. Henry, Ansel Smith. SEVENTH STATE LEGISLATURE, 1865. Senate: Second District--John McKusick. House: Second District--L. A. Huntoon, Ansel Smith, Lars J. Stark. EIGHTH STATE LEGISLATURE, 1866. Senate: Second District--John McKusick. House: Second District--J. B. R. Mitchell, Robert Watson, Smith Ellison. NINTH STATE LEGISLATURE, 1867. Senate: Second District--W. H. C. Folsom. House: Second District--Henry Jackman, Ebenezer Ayres. TENTH STATE LEGISLATURE, 1868. Senate: Second District--W. H. C. Folsom. House: Second District--J. W. Furber, William Lowell. ELEVENTH STATE LEGISLATURE, 1869. Senate: Second District--James N. Castle. House: Second District--Joseph Haskell, W. H. C. Folsom. TWELFTH STATE LEGISLATURE, 1870. Senate: Second District--James N. Castle. House: Second District--James S. Norris, William Lowell. THIRTEENTH STATE LEGISLATURE, 1871. Senate: Second District--Dwight M. Sabin. House: Second District--Joseph Haskell, Lucas K. Stannard. FOURTEENTH STATE LEGISLATURE, 1872. Senate: Twenty-second District--Dwight M. Sabin. Twenty-eighth District--Jonas Lindall. House: Twenty-second District--Ebenezer Ayers, J. R. M. Gaskill, H. R. Murdock. Twenty-eighth District--Adolph Munch. FIFTEENTH STATE LEGISLATURE, 1873. Senate: Twenty-second District--Dwight M. Sabin. Twenty-eighth District--Jonas Lindall. House: Twenty-second District--E. W. Durant, J. R. M. Gaskill, James Huganin. Twenty-eighth District--Joel G. Ryder. SIXTEENTH STATE LEGISLATURE, 1874. Senate: Twenty-second District--Wm. McKusick. Twenty-eighth District--L. K. Burrows. House: Twenty-second District--D. B. Loomis, Chas. Eckdahl, J. A. McCloskey. Twenty-eighth District--Frank H. Pratt. SEVENTEENTH STATE LEGISLATURE, 1875. Senate: Twenty-second District--Wm. McKusick. Twenty-eighth district--W. H. C. Folsom. House: Twenty-second district--J. W. Furber, E. W. Durant, J. E. Mower. Twenty-eighth district--Lars J. Stark. EIGHTEENTH STATE LEGISLATURE, 1876. Senate: Twenty-second District--Ed. S. Brown. Twenty-eighth District--W. H. C. Folsom. House: Twenty-second District--A. Fredericks, J. S. Middleton, O. W. Erickson. Twenty-eighth District--W. A. Brawley. NINETEENTH STATE LEGISLATURE, 1877. Senate: Twenty-second District--Ed. S. Brown. Twenty-eighth District--W. H. C. Folsom. House: Twenty-second District--A. Fredericks, A. Huntoon, O. W. Erickson. TWENTIETH STATE LEGISLATURE, 1878. Senate: Twenty-second District--Roscoe F. Hersey. Twenty-eighth District--John Shaleen. House: Twenty-second District--Dwight M. Sabin, Wm. Fowler, Charles Peterson. Twenty-eighth District--F. S. Christensen. TWENTY-FIRST STATE LEGISLATURE, 1879. Senate: Twenty-second District--James N. Castle. Twenty-eighth District--John Shaleen. House: Twenty-second District--A. M. Dodd, Chas. Peterson, Andrew Peterson. Twenty-eighth District--John Dean. TWENTY-SECOND STATE LEGISLATURE, 1881. Senate: Twenty-second District--J. N. Castle. Twenty-eighth District--John Shaleen. House: Twenty-second District--Dwight M. Sabin, Andrew Peterson, Wm. Schmidt. Twenty-eighth District--John Dean. TWENTY-THIRD STATE LEGISLATURE, 1883. Senate: Twenty-fourth District--J. N. Castle. Thirty-eighth District--John Shaleen. House: Twenty-fourth District--Dwight M. Sabin, C. P. Gregory, A. Stegman. Thirty-eighth District--Levi H. McKusick. TWENTY-FOURTH STATE LEGISLATURE, 1885. Senate: Twenty-fourth District--J. N. Castle. Thirty-eighth District--John Shaleen. House: Twenty-fourth District--E. W. Durant, W. H. Pratt, Arthur Stephen. Thirty-eighth District--Levi H. McKusick. TWENTY-FIFTH STATE LEGISLATURE, 1887. Senate: Twenty-fourth District--E. W. Durant. Thirty-eighth District--Otto Wallmark. House: Twenty-fourth District--F. Dornfield, R. M. Anderson, C. P. Gregory. Thirty-eighth District--Henry Smith. The first legislature continued in session one hundred and forty-eight days. Its most important measure was the passage of the $5,000,000 loan bill. At the twentieth session a law was passed changing the sessions of the legislature from annual to biennial. THE CONSTITUTIONAL CONVENTION OF 1857. As a delegate to the constitutional convention of 1857, and a member of what was styled the Republican wing, the writer considers it not amiss to insert a chapter concerning that somewhat famous and farcical affair. The Congress of 1856-57 passed an enabling act for the formation of a state government in Minnesota, providing that a constitutional convention of delegates, chosen by the people, should assemble at midday, July 13, 1857, at the hall of the house of representatives at the state capitol, and adopt a constitution, subject to the ratification of the people. The territorial governor, Samuel Medary, ordered an election to be held on the first Monday in June, 1857, for delegates, the number to consist of one hundred and eight. The State was nearly equally divided between the Republicans and Democrats; still the question of politics did not enter largely into the contest, except as a question of party supremacy. The people were a unit on the question of organizing a state government under the enabling act, and in many cases there was but a single ticket in the field. It was a matter, therefore, of some surprise that there should be a separation among the delegates into opposing factions, resulting practically in the formation of two conventions, each claiming to represent the people, and each proposing a constitution. The delegates, although but 108 were called, were numbered on the rolls of the two wings as 59 Republican and 53 Democratic, a discrepancy arising from some irregularity of enrollment, by which certain memberships were counted twice. The Republican members, claiming a bare majority, took possession of the hall of the house at midnight, twelve hours before the legal time for opening the convention, the object being to obtain control of the offices and committees of the convention, a manifest advantage in the matter of deciding upon contested seats. 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?