and

Aliens, right of suffrage, see Suffrage
Amending process, Republican proposal as to
amending suffrage requirements, 99-100;
compromise as to amending clause, 100-1,
129-30; processes of revision
amendment distinguished, 144; original
amending clause very liberal, 147; change
made in 1898, 147; how amendments are
proposed, 147-48; how ratified today, 148-
50; difficulty of the latter process, 149-50;
proposed improvements in, 151-52; power
of courts to determine whether amend-
ments have been adopted, 152-54; powers
of canvassing board, 152-54; increasing
length of constitution due to amendments,
154-55; proposal to establish initiative and
referendum, 171-72; constitutional provi-
sions as to, 251(C.14:1,2)

Amendments to constitution, first two adopted

before admission of state, 135-36; criticism
of these two in Congress, 136, n., 140;
amendments explained in detail, by articles,
156-203. See Amending process

Ames, A. E., 94

Ames, Reverend Charles Gordon, 77

Anderson v. Manchester Fire Assurance Co.,
164

Anoka, city of, 19

Appointing power, in the territory, 33; of the

governor, 224 (C.5:4)

Apportionment of representation, in territorial
legislative assembly, 34, 45, 69; in consti-
tutional convention, 69-71, 83; struggle
over apportionment in conference commit-
tee, 101-3; in conventions, 104, 105, 106,
267; power of legislature to reapportion,
165-66; method in use, 166, 213 (C.4:2),
216-17 (C.4:23,24)

Appropriations, to be by bill, 120, 215 (C.4:12);
governor may veto items of, 169, 215
(C.4:11); to precede payments, 241 (C.9:9)
Arms, right to bear proposed, 118
Armstrong, T. H., 74, 90, 91

Assemblage, right of, 118

Asylums for deaf, dumb, and blind, proposed,
130; state loan for authorized, 191,
245 (C.9:14a)

Attorney of Minnesota territory, 32, 33
Attorney general, 175, 223 (C.5:1), 224(C5:4),
225 (C.5:5), 250 (C.13:1)

Auditor, term of, extended from three to four
years, 175; mentioned, 223 (C.5:1), 224
(C.5:4), 225 (C.5:5), 234 (C.8:5),
(C.13:1)

250

Automobiles, special taxation of, 202, 263-

64(C.16:2,3,4)

Baasen, Francis, 105

"Babcock plan," 154, 194, 252-65 (C.16:1-5)
Bail, right to, guaranteed by Northwest Ordi-
nance, 10; not to be excessive, 208 (C.1:5);
right of accused persons to, 209 (C.1:7)
Baker, D. A. J., 94, 97
Balcombe, St. A. D., of the east-and-west
group, 49, 67, 96, 97, 107, 109; president
of the Republican wing of the convention,
85

Ballot, elections to be by, 231(C.7:6)
Banks, early prejudices against, 4; original

provisions of the constitution as to, 125-26;
liability of stockholders in, 125; taxation
of, 125, 237 (C.9:[4]), 238; national, taxa-
tion of, 188; constitutional provisions as
to, 244-45 (C.9:13)
Barrett, R. H., 97

Bayard, Senator, from Delaware, 137
Becker, George L., 136

Berry, Charles H., 141

Bidwell v. Coleman, 187

Biennial elections, 175, 181, 232 (C.7:9)
Bigelow, H. R., 74

Biggs, Senator, from North Carolina, 61, 62
Big Sioux river, 14, 16

Capital of Minnesota, St. Paul established as,

Bill of rights, of Northwest Ordinance, 10;
resolution as to the nature of, 89; of the
constitution, 117-18; amendments to ex-
plained, 156-60; in relation to other parts
of consttiution, 198-99; text of (C., art. 1),
208-11

Bills, introduction of, 165, 212-13 (C.4:1)
Bills of attainder, prohibited, 209(C.1:11)
Billings, H. A., 104

Blue Earth river, 16

Board of freeholders, see Municipal home rule
"Bogus Democrats," 73-74

Boom companies, taxation of, 239
Boundaries of Minnesota, influences on, 4-5;
international settlements affecting, 5-9;
southern boundary established, 14-17;
eastern boundary established, 17-21;
boundaries of territory, 32; need of
dividing territory before statehood, 44-45;
complications in the problem of division,
44-47; east-and-west line proposed in 1856,
49; east-and-west versus north-and-south
lines, 53-55, 57-59; western boundary fixed
by Congress, 60, 63; both conventions ac-
cept boundary proposed by Congress, 118-
19 and footnote; boundaries explained,
161-63; boundary controversies, 162; pro-
visions of constitution as to, 211(C.2:1).
See also East-and-west line, North-and-
south line

Boundary waters, 60, 63, 211(C.2:2); concur-

rent jurisdiction on, 162

Bridges, see Highways

Bross, William, 71

Brown v. Ringdahl, 191

Brown, Senator, from Mississippi, 139

Brown, Calvin L., 113

Brown, Joseph R., 21, 22, 52, 94, 95, 107;
appointed to compromise committee, 97;
his part in the chief compromise, 99-101.
Buchanan, James, opinion of cited, 24, 57
Budget law, 169

Burkleo, Samuel, 22

Butler, Charles J., 94

California, 21

Campbell, Congressman from Ohio, 43
Canvassing board, state, proposed, 121; func-
tion and powers of in the matter of con-
stitutional amendments, 152-54; amend-
ment as to, 174; functions of, 174-75,
223-24 (C.5:2)

Capitol, 45, 46, 47, 79-82, 85-86, 131; new,
loan for building of, 191

Catlin, John, views as to status of Minnesota
in 1848, 24; acts as "governor of the
Territory of Wisconsin," 24, 25, 27

Census, state, 165-66, 216(C.4:23)

Certificates of election, issued to delegates to
constitutional convention, 75-78

Charter, municipal, see Municipal home rule
Chase, Charles L., 80, 81, 82, 135
Chief justice of supreme court, 175
Chute, Richard, 52

Cities, authorized to borrow state funds, 182,
235-36 (C.8:6); power to levy special as-
sessments, 187-88; limit on power of to
aid railroads, 191, 245-46 (C.9:14b,15);
classes of, 223 (C.4:36); may be organized
into counties, 249 (C.11:2). See also Mu-
nicipal home rule, Municipal corporations,
Special legislation.

Citizens, rights and privileges of, 208 (C.1:2),
210 (C.1:16), 215 (C.4:15); residing
Indian lands, 252(C.15:2)

"Citizens' tickets," 72

City of Minneapolis v. Canterbury, 160
Civil authority, supremacy of, 210(C.1:14)
Clerk of supreme court, 176
Coe, Charles A., 107

Cogel v. Mickow, 156

Coggswell, Amos, 104, 108

Colburn, N. P., 127

on

Commission form of government for cities, not
unconstitutional, 163, 171

Commissioners of supreme court, 176

Committees, of Republican wing of convention,

88-89; of Democratic wing of convention,

91-92

Common carriers, duties of, 127, 249 (C.10:4)
Compact provisions of Northwest Ordinance,
9-11; provisions of constitution, 211-12
(C.2:3)

Compromise, between Republican and Demo-
cratic wings, movement for begun, 92;
proposed by Sherburne, 92-94; rejected by
Democratic wing, 94; approved by Republi-
can wing, 94-95; caucus negotiations, 95-
97; compromise approved by Democratic
wing, 97; committees appointed, 95, 97;
committees proceed to work, 98; diffi-
culties and crisis in proceedings, 98-99;
principal compromise embodied in amend-
ing clause, 99-101; compromises relating
to the schedule and apportionment, 101-3;

Compromise, between Republican and Demo-
cratic wings (continued)

Democrats chiefly responsible for the con-
stitution, 103-4; compromise constitution
adopted by conventions, 104-6; separate
copies enrolled and signed, 109-10; nature
of materials with which committee had to
work, 115-16; detailed analysis of compro-
mise constitution, 117-32; compromise com-
mittee's views of its powers, 118, 126, 130
Concurrent jurisdiction on boundary waters,

162

Condemnation, see Eminent domain
Conference committee, see Compromise
Congress, procedure on seating Delegate Sibley,
25-26; procedure on passage of organic
act, 29-30; powers reserved by, in organic
act, 32, 34; attitude as to statehood for
Minnesota to Union, 136-41; power of, to
tory of Minnesota, 43; attitude as to size
of new states, 44-45; passage of enabling
act, 59-63; procedure upon admission of
Minnesota to Union, 136-41; power of to
have delayed statehood, 141-43; authority
of, over navigable waters, 162-63; men-
tioned, 56, 57, 58, 64, 67

Congressional districts and representation, as

established in original constitution, 101-3,
138-39; power of legislature to redistrict,
216(C.4:23)

Conscientious objectors, 127-28
Constitutional convention, proposed in 1856,
49; proposed by Gorman in 1857, 57;
legislative assembly fails to call, 58; pro-
visions for, in enabling act, 64-65; special
session of legislative assembly called to
provide for, 65; size and election of, 66-67;
validity of territorial act for, discussed,
67-68; apportionment of delegates in, 69-
71; campaign preceding election of, 71-73;
conduct of election, and allegations of
fraud, 73-75; outcome of election, 75-78;
question of credentials, 75-78; preliminary
attempts at organization, 78-79; all-night
vigil of Republican delegates, 79; proceed-
ings on first day, 79-82; sources of informa-
tion concerning first day, 81, n.; qualifica-
tions and eligibility of the delegates, 83-85,
91; proceedings on second day and there-
after, 85-86; analysis of membership, 87-88;
procedure of Republican wing, 88-90; pro-
cedure of Democratic wing, 90-92; move-
ment for compromise, 92-98; work of the
conference committee, 98-104; compromise
constitution adopted by conventions, 104-6;
end of the convention, 106-9; two originals
of constitution, 109-10; value and impor-
tance of printed debates, 110-14; criticism
of, in Congress, 138-40

Constitutional conventions, provision in consti-
tution for holding, 130, 251 (C.14:2); pro-
vision analyzed and explained, 144-47;

Constitutional conventions (continued)
difficulties of the process of revision, 145;
attempt to provide for convention in 1896,
145-46; powers of a convention, 146-47
Constitution, state, right of people to draw up,
11; resolution as to nature of, 89; right
of people to change, 144; tendency of state
constitutions to grow longer, 154-55

Contempt of court, 159-60

Contracts, inviolability of, guaranteed by
Northwest Ordinance, 10; impairment of
the obligation of, by the amendment of
1860, 168, 186-87; laws impairing obliga-
tion of, prohibited, 209 (C.1:11)
Convention of 1818, with Great Britain, fixes
49° no. lat. as northwestern boundary of
U. S., 8

Coöperative selling societies, and anti-monopoly
provision of constitution, 168-69
Corporations (except banks), original provi-
sions of constitution as to, 126-27; taxa-
tion of, 188-89; amendments relating to
liability of stockholders of, 196-97, 248-49
(C.10:3); definition and powers of, 248
(C.10:1); to be formed under general
acts, 248 (C.10:2); liability of stockholders,
248-49 (C.10:3)

Counsel, right of accused persons to, 208
(C.1:6)

Counties, original provisions of constitution
as to, 127; empowered to borrow state
funds, 182-83, 234-36(C.8:5,6); limit on
power of, to aid railroads, 191, 245-46
(C.9:14b,15); distribution of road fund
among, 192-94, 246-48 (C.9:16); power of
state to abolish, 197; power of state to
change county lines or to remove county
seats, 198; provisions of constitution rela-
tive to, 249-50(C.11:1,2,4,5,6,7); creation
and area of, 249(C.11:1); cities may be
organized as separate, 249 (C.11:2); offi-
cers of, elective, 250(C.11:4); taxation and
expenditures by, 250 (C.11:5,6). See also
Special legislation

County seats, removal of, 127, 249(C.11:1)
County superintendents of schools, qualifica-
tions of, 180, 231

Court commissioners, 229 (C.6:15)
Court martial, procedure, 159-60, 198-99
Courts, see Judiciary

Credentials, see Certificates of election, Con-
stitutional convention

Credit, territory had none, 55, 185; loan of
state credit to aid railroads, 135-36, 168,
185-87, 237 (C.9:[2]), 241-43 (C.9:10)
Crime, 156, 158; teaching of, 158; procedure
in case of, 208-9 (C.1:6-11)
Crimes, see Punishment for crimes
Criminal code to be founded on justice and
reformation, proposed, 118

Crittenden, Senator, from Kentucky, 137
Crowell v. Lambert, 111

Crow Wing, 22

Daily Minnesotian, St. Paul newspaper, 50, 72
Davis, Edwin Page, 104, 108

Day, James C., 97

Dayton v. City of St. Paul, 147, n.

Debates, in the constitutional conventions, 91,
92; value and importance of, 110-14
Debt, imprisonment for, 156; imprisonment for
prohibited, 209 (C.1:12)

Debt limit, state, 185, 191, 240-41 (C.9:5),
245 (C.9:14a); under trunk highways
amendment, 202-3, 263 (C.16:4)
Debtors, exemptions for, 118, 209-10 (C.1:12)
Declarants, see Suffrage, alien

De facto state government, Dec. 2, 1857, to
May 11, 1858, acts of valid, 142-43
Delegates, see Constitutional convention
Democratic party, in the territory, 35-41; in

1856 legislature, 50; in 1857 legislature,
68; favored by apportionment of 1855,
70-71; relatively inactive preceding election
of constitutional convention, 71-73; num-
ber of delegates elected by, 75; charge
Republicans with fraudulent issue of certifi
cates, 75-78; caucus negotiations with Re-
publicans, 78-79; proceedings of Demo-
cratic delegates on first day, 79-82; posi-
tion taken on seating of delegates, 83-85;
proceedings on second day and thereafter,
85-86; claims of, as to authorship of con-
stitution, 115; in election of October 13,
1857. See also Democratic wing of con-
vention.

Democratic wing of constitutional convention,

proceedings on first day, 79-82; qualifica-
tions and eligibility of delegates, 83-85;
proceedings on second day, 85-86; analysis
of membership, 87-88; procedure of, 90-92;
delay in mustering a quorum, 90; attacks
on conduct of Republicans, 90-91; debates
of, 91-92; rejects compromise proposals,
92-94; negotiates with Republican wing,
95-97; approves plan of compromise, 97;
receives and adopts compromise constitu-
tion, 101, 104-6; claims as to authorship
of constitution, 103-4, 115; closes its work,
106-10; debates cited, 110-11; contribu-
tions to original constitution reviewed,
115-32

District courts (continued)

and qualifications of judges, 177, 227
(C.6:4); jurisdiction of, 227-28 (C.6:5);
further qualifications of judges of, 228
(C.6:6); vacancies in, 229 (C.6:10); in-
compatible offices, 229 (C.6:11); clerks of,
229 (C.6:13)

Division of the territory of Minnesota, prob-
lem of, 44-47; proposal for east and west
division by Rolette in 1856, 49. See also
Boundaries

Divorces, legislature not to grant, 217 (C.4:28)
Dodd, W. F., 151, 152

Dodge v. Minnesota Plastic Slate Roofing Co.,
196

Dodge, Augustus C., 16

Dodge, Henry, territorial governor of Wiscon-
sin, 24

Dogs, special tax on, proposed, 195, 248
Douglas, Stephen A., 21, 29, 30, 31, 59, 61,
136, 137, 139

Drainage ditches, 156

Due process of law, grand jury requirement,
156; petit jury requirement, 159-60; due
process not a fixed system, 160; constitu-
tional provisions as to, 208-9 (C.1:4-11)
Duelling, prohibition of proposed, 118

East-and-west line, plans for, 45-47; Rolette's

proposal in 1856 for this line, 49; plans
endangered, 57; desertion of Rolette, 59;
proposal of Senator Jones of Iowa, 63;
defection of Gorman, 65, n.; final defeat
of, in constitutional convention, 118-19,
and footnote, 133

Eberhart, Adolph O., 172-73

Education, see Schools

Efficiency and economy, movement for, 172-73
Efficiency and Economy Commission, 173
Election, of June 1, 1857, 69-75; of October
13, 1857, 133-34

Election, of delegates to constitutional conven-
tion, 64, 66-67, 71-78; alleged frauds in,
73-75; question of credentials, 75-78
Election certificates as prima facie evidence, 25
Elections, canvassing of, 174-75, 223-24 (C.5:2);

biennial system of, 175, 181, 232(C.7:9);
to be by ballot, 231 (C.7:6); no arrests on
civil process on day of, 231 (C.7:5); uni-
form oath at, 252 (C.15:3)

Elective franchise, see Suffrage
Eligibility to office, 180-81, 231(C.7:7)
Eminent domain, 118, 127, 210 (C.1:13),
249 (C.10:4); taking of property for pri
vate drainage ditches, 156; amendment as
to property destroyed or damaged, 157
Emmett, Lafayette, 88, 111-12

Enabling act, bill for introduced, 54, 55; pro-

cedure in passage of, 59-63; extent of
powers conferred by, 63; substance of,
63-65; meaning of, 67-68, 83-85, 141; pro-
visions of accepted, 211-12 (C.2:3); text
of, 297-98; mentioned, 88

Enforcement of law, in the territory, 32-33
Enrolment of constitution, 109-10
Enrolment of laws, 120, 216(C.4:21,22)
Equality of states, 163

Executive department, original provisions of
constitution, 121-22; amendment authoriz-
ing executive officers to take office May 1,
1858, 135-36, 173-74, 225-26 (C.5:7); separ-
ation of from other departments, 163-64,
212 (C.3:1); subject to partial judicial
control, 164; amendments relating to,
172-75; increase in functions and depart-
ments of, 172; need of reorganization,
172-73; provision for state canvassing
board, 174-75; constitutional provisions as
to, 223-26 (C.5:1-9). See also Governor
Exemptions, from taxation, 125, 190, 237
(C.9:[3]), 240(C.9:1); from seizure
sale for debts, 156, 209 (C.1:12)
Ex post facto laws, prohibited, 209 (C.1:11)
Express companies, taxation of, 239

or

Farm mortgages, investment of state funds in,
183, 236 (C.8:6)

Farm produce, sale of without license, 157,
211(C.1:18); milk a product of the farm,
157-58

Farnsworth et al. v. Minnesota & Pacific R. R.
Co., 168, 187

Fearing, Paul, case of, 26, 27

Federal office-holders, as delegates to constitu-
tional convention, 84

Feudal tenures prohibited, 210(C.1:15)
Finances, of Minnesota territory, 43; in rela-
tion to statehood, 56

Finances of the state, original provisions of
the constitution as to, 125-26; provisions
as to certain public funds, 181-84; amend-
ments to article on finance reviewed, 184-
96; present and past provisions of constitu-
tion, 237-48

Fines, excessive, prohibited, 208 (C.1:5)
First of June proclamation, 31

"First paid or secured," 118, 157, 210(C.1:13)
Five million loan amendment, 133, 135-36, 168,
185-87, 237 (C.9:[2]), 241-43 (C.9:10)
Fleckten v. Lamberton, 191

Folwell, William Watts, 115

Forestry amendment, 149, 183-84, 236 (C.8:7);
proposed amendments, 194-95

Foster, Thomas, 80

God, recognition of in constitution, 117
Goodrich, E. S., printer, III

Gorman, Willis A., 33, 52, 53, 55, 58, 59, n.,
74, 78, 80, 82, 85, 88, 107, 125, 185;
politics of, 35-37; alligned with east-and-
west faction, 46, 47; advice of in 1856
as to statehood, 47, 49; message of 1857
as to statehood, 55-57; calls special ses-
sion of legislative assembly, 65; defection
from east-and-west group, 65, n., 68, n.,
actions at the organization of constitu-
tional convention, 78, 80-82; participation
in compromise movement, 92, 93, 94, 95,
96, 97; appointed to compromise commit-
tee, 97; trouble with Thomas Wilson, 98-
99; supports compromise constitution, 105
Government, object of, 208 (C.1:1)
Government of Minnesota, under the North-
west Ordinance, 9-11; under a succession
of territorial governments, 12-14; as a
territory, 31-35; state government set up,
140-41; separation of powers of, 119, 163-
64, 212 (C.3:1)

Governor of Minnesota territory, extent of
his powers and importance of his position,
32-34; compared to English colonial gov-
ernor, 33
Governor, veto power of, origin of C.4:11,12,
explained, 120; Republicans would have
made him actual chief executive, 121;