Legislature (continued)

lotteries, 218 (C.4:31); power to change
gross earnings tax restricted, 218 (C.4:32a);
to provide for executive organization,
226 (C.5:9)

Legislature of state, first session of, 134-36
Length of constitution, 89, 154-55
Lewis, C. L., 113

248-49

Liability, of bank stockholders, 125; of other
stockholders, 126-27, 196-97,
(C.10:3). See also Banks

Liberty, personal, provisions of Northwest
Ordinance, 10

Librarian, state, 224 (C.5:4)

License, for sale of farm produce, 157,
211 (C.1:18)

Liens, 156, 210 (C.1:12)

Lieutenant governor, 223 (C.5:1), 224 (C.5:2),
225 (C.5:6), 250 (C.13:4)

Lindsay & Phelps Co. v. Mullen, 162
Liquor traffic, early sentiment in favor of pro-
hibition of, 38, n.; first Republican plat-
form in Minnesota demands prohibition,
38; later platforms reject the "Maine law"
principle, 39-40; prohibition amendment
proposed (1917), 149, 150, 200, 252; ratifi-
cation of federal amendment, 201; question
mentioned, 74, 120

Local improvements, special assessments for,
187-88, 238, 240 (C.9:1)

Local self government, see Municipal home
rule

Lotteries prohibited, 120, 218 (C.4:31)

Louisiana territory, ceded to Spain in 1763, 6;
transferred to France in 1800, 8; purchased
by United States, 1803, 8; local govern.
ment of, 12-13

Lovejoy, Owen, 71

Lumbering in Minnesota, 44

Lyle, Robert, 91, 107

Lynde, J. W., 52

"Maine law," see Liquor traffic

Mankato, city of, 16, n.

Mantor, Frank, 93

Maps: Minnesota east, west, and northwest, 7;
proposed boundaries of Iowa, 15; proposed
western boundaries of Wisconsin, 18, 20;
rival plans for statehood, 1856-57, 48; show-
ing results of election of June 1, 1857, 76
Married women, property rights of, 130
Marshal of Minnesota territory, 32, 33
Marshall, William R., 38

Martin, Morgan L., delegate from Wisconsin,

21, 29

Material-men, liens of, 157, 210(C.1:12)
McClure, Charles, 104; appointed to compro-
mise committee, 95; his part in the chief
compromise, 99-101

McConaughy v. Secretary of State, 152, n.,
154, 164

McGrorty, William B., 74

McKune, Lewis, 104

McLeod, Martin, 73

Meandered lakes, ore under, 196, 248

Mechanic's lien, 156-57, 210(C.1:12)

Medary, Samuel, Governor, of territory, 66,
n., 67, 135, 136

Meeker, Bradley B., 72, n., 94, 106, 107
Members of constitutional conventions, 276-77
Mendota, 21

Messer, B. E., 91, 108-9

Meyer v. Berlandi, 156-64

Michigan, territory of, 12, 13-14, boundaries of,
mentioned, 17, 161-62
Mileage, see Pay

Military subordinate to civil power, 210 (C.1:14)
Militia, in the territory, 33; original provisions
of constitution as to, 127-28; proposals as
to conscientious objectors and election of
officers by men, 127-28; present provisions
of constitution and laws as to, 198-99; civil
and criminal liability of men and officers,
199; governor is commander-in-chief, 224
(C.5:4); legislature to provide for, 250
(C.12:1)

Milk a product of the farm, 157-58
Mills, W. H., 89, 108

Mineral resources of Minnesota, 44
Mines, taxation of, 188-89, 239

Ministerial functions of executive officers, sub-
ject to judicial control, 164
Minneapolis, city of, 19

Minnesota, constitution of, 3, 4; two originals
of, how prepared, 109; discrepancies be-
tween the two, 109-10; detailed analysis
of the original constitution, by articles, 115-
32; sources of, 131, n., adoption of 133-
34; criticism of, in Congress, 138-40; how
the constitution develops, 144-55; the lines
of growth, 144; right of people to change,
144; provisions as to revision by constitu-
tional convention, 144-47; as to amendment,
147-50; proposed improvements in amending
process, 151-52; power of the courts to de-
termine whether amendments have been
adopted, 152-54; increasing length of con-
stitution, 154-55; detailed analysis of
amendments to, by articles, 156-203; cer-
tain obsolete provisions of, noted, 198; ex-
planation of verified text, 207; verified text

Minnesota (continued)

of, 208-69; table showing differences be-
tween Republican and Democratic originals,
270-75; signers of, 276-77

Minnesota, history of:

Pre-territorial period, 4-28: international
boundary settlements, 5-9; under the North-
west Ordinance, 9-11; under a succession of
territorial governments, 12-14; evolution of
southern boundary, 14-17; evolution of east-
ern boundary of, 17-21; as unorganized fed-
eral territory, 21-28; status of Minnesota,
1848-49, 23-28

Territorial period, 29-41: passage of the
organic act, 29-30; government of the ter-
ritory, 31-35; territorial politics, 35-41

Preliminaries of statehood, 42-68: plans
and counterplans, 42-47; the legislative as-
sembly of 1856, 47-50; the summer of 1856,
50-51; Mr. Rice plans the future state, 52-
55; the legislative assembly of 1857, 55-
59; the passage of the enabling act, 59-63;
the substance of the enabling act, 63-65;
special session of the legislature, April-
May, 1857, 65-68

Election and organization of the consti-
tutional convention, 69-86: the apportion-
ment of delegates, 69-71; the campaign, and
the election of June 1, 71-75; the attempt
to organize the convention, 75-86

The conventions and the compromise, 87-
114: membership of the conventions, 87-88;
procedure of Republican wing, 88-90; pro-
cedure of Democratic wing, 90-92; move-
ment for compromise, 92-98; work of con-
ference committee, 98-104; the compromise
constitution in the conventions, 104-6,
closing the work of the conventions, 106-9;
the two originals of the constitution, 109-
10; the convention debates, 110-14

The compromise constitution analyzed,
115-32

Minnesota northwest, defined, 5-6, and 6, n.;
map of, 7; became American territory in
1818, 8-9. See Minnesota west

Minnesota river, 14, 45

Minnesota west, defined, 5; map of, 7; provi.
sions of Northwest Ordinance extended to,
11; under a succession of territorial gov-
ernments, 12-14; doubtful status of, 1821
to 1834, 13; as part of Iowa territory, 14-
17; status after admission of Iowa, 23-28;
settlement of, 45; political position of, un-
fortunate, 45; apportionment of represen-
tation unfavorable to, 70-71

Miscellaneous subjects, provisions of constitu-
tion as to, 130-31, 251-52(C.15:1-5)
Mississippi river, becomes western boundary of
U. S. in 1783, 6; proposed line to it from
most northwestern point of Lake of the
Woods, 6-8; concurrent jurisdiction on,
161-62

Missouri Compromise, 11, 13, 37, 38
Missouri river, 32, 44

Missouri, territory of, 11, 13
Mitchell, William, 159
"Mocassin Democrats," 41, 45
Monopolies, amendment forbidding, in markets
for food products, 168-69
Moore, George W., printer, 111
Moss, H. L., 22, 52

Motor vehicles, special taxation of, 202, 263-64
(C.16:2,3,4)

Municipal corporations, 126; power of to levy

special assessments, 187-88, 238, 240
(C.9:1); limit on power of, to aid railroads,
191, 245-46(C.9:14b,15); special legisla-
tion as to, prohibited, 220 (C.4:33)
Municipal home rule, charter commissions, 163;
amendments providing for, 169-71, 221-23
(C.4:36); number of cities having home
rule charters, 171; proposed amendment of

1911, 171

Municipal ordinance, procedure in case of vio-
lation of, 159-60
Murray, William P., 105

Name and boundaries, article on, 118-19; article
on, explained, 161-63; text of article on,
211-12 (C.2:1-3)

Napoleon, colonial ambitions and Louisiana
territory, 8

National banks, see Banks

Navigable waters, 60, 63, 211(C.2:2); defined,
162-63

Negro suffrage, see Suffrage, negro

Neill, Edward Duffield, 88

Nelson, Judge R. R., 58, n.

Nelson, Socrates, 22

Noah, J. J., 107

Nobles, Colonel W. H., 52

Non-residents, taxation of, 10, 34, 64-65, 163,
212 (C.2:3)

Norris, James S., 22

North, John W., 79, 80, 81, 82

North-and-south line group, plans of, 46

North Dakota, 32, 162

Northwest Ordinance, 9-11; adopted 1787, 9;
effective in Minnesota east, 9; form and
stages of government provided by, 9-10;
articles of compact, 10-11; terms of ex-
tended to all parts of Minnesota, 11; men-
tioned, 26, 60, 79; text of, 286-90
Northwest territory, ordinance for government
of, 9-11; three or five states to be formed
from, 10-11; subdivided into territories and
states, 12-14; remainder of in 1857, 79
Notaries public, 224 (C.5:4)

Oath, of legislators, 218 (C.4:29); of executive
officers, 226 (C.5:8); to be required of
voters, 252 (C.15:3)

Object of government, 208 (C.1:1)

Obsolete provisions of constitution, 198
Obstruction of war activities, 158-59

Office, right to hold, 118, 180-81, 210(C.1:17),
215 (C.4:15)

Office-holders, see Federal office-holders
Officers, removal of, 128; proposal as to prohib-
iting certain persons from becoming, 130;
qualifications of, in Minnesota, 180-81;
proposal as to recall, 181; provisions of
constitution as to removal of, 199-200, 250
(C.13:1-5); of legislature, 213(C.4:5);
executive, provisions for, 223-26 (C.5:1-9)
Official year of state, 130, 232(C.7:9)

Ohio, state of, 12

Ore under public waters, mining of, proposed,
196, 248

O'Shee v. Stafford, 199
Oregon, 61

Organic act, passage of, 29-30; authorship of,
31-32; substance of, 32-35; text of, 291-96;
mentioned, 11, 61

Originals of constitution, see Minnesota, con-
stitution of

Pacific railroad, bill for, in 1856, 52; bill for,
in 1857-58, 137

Pardoning power, in the territory, 33; in the
state, 163, 224-25 (C.5:4); amendment as
to state pardon board, 175

Parties, in Congress, attitude toward enabling
act, 60-62; attitude toward admission
of Minnesota, 138-40

Parties, in the territory, 35-41; bi-partisan
"Territorial Party," 35; personal follow-
ings, 35: Democratic numbers and dis-
organization, 36-37; organization of Re-
publican party, 37-39; Republicans char-
acterized, 39-40; Democrats characterized,
40-41; geographical distribution of party
strength, 41; growth of Republican party,
45-46; parties in 1856 legislature, 50
Partisanship, in constitutional convention, 72-73
Pay, of Republican members of constitutional
convention, 106-8

Pembina region, 22, 41, 59, n., 69, 74, 83-84,
105

Per diem, see Pay

Pevey v. Aylward, 82

Phelps, Representative, from Missouri, 60
Phelps, Boyd, 74

Pioneer and Democrat, St. Paul newspaper, 36,
37, 46, 50, 51, 54, 73, 75, 80, 98, 115
Political parties, see Parties

Political power, inherent in the people, 144,
208 (C.1:1)

Political year, proposal as to, 130; provided
for, 232 (C.7:9)

Polk, President, 22; memorial to, by Stillwater
convention, 23; relation to organic act,
29-30.

Poore, Ben. Perley, 52, 55

Population of Minnesota, origin of, 4; in
1849, 31; from 1854 to 1857, 43-44; set-
tlers in Minnesota west, 45; population
in relation to apportionment, 70-71
Preamble of constitution, of Republican origin,
117; text of, 208

President of United States, appointed chief
officers of Northwest territory, 9; also of
Minnesota territory, 32, 33

President pro tem of senate, 135

Prison, 45, 131, 252 (C.15:4); new, loan for
building of, 191

Probate courts, amendment as to terms of
judges of, 150, 177; election and terms
of judges of, 228 (C.6:7); organization and
jurisdiction of, 228(C.6:7); judges of, may
be appointed court commissioners, 229
(C.6:15)

Proclamation of territorial government, 31
Prohibition, see Liquor traffic

Property exempt from taxation, 125, 237
(C.9:[3]), 240 (C.9:1)

Property rights, of aliens, 118; of married
women, 130

Property rights, provisions of Northwest Ordi-
nance, 10

Property tests, forbidden, 118, 210-11 (C.1:17)

Public buildings, appropriations by Congress
for, in Minnesota territory, 43; state loans
for buildings of, 191, 245 (C.9:14a)
Public credit, see Credit

Public funds, not to be used for religious pur-
poses, 118, 184, 210(C.1:16), 234(C.8:3);
investment of certain, 181-83, 218-19
(C.4:32b), 233-36 (C.8:2,5,6); provisions

as to safe-keeping of, 190-91, 241 (C.9:8,9),
244 (C.9:12); provided for trunk highway
system, 263-64 (C.16:2,3,4)

Public lands, national, states not to tax or
interfere with sale of, 10, 34, 64-65, 163,
212 (C.2:3); state, reforestation of, 183-84.
See also Land grant, Schools, University,
Swamp lands

Public safety, of primary importance, 158-59
Public trial, 159-60

Public waters, ore under, 196, 248

Pugh, Senator, from Ohio, 139

Punishment for crimes, to be moderate, provi-
sion of Northwest Ordinance, 10; cruel
and unusual forbidden, 208 (C.1:5)

Quebec Act, mentioned, 10

Quorum, of legislature, 213 (C.4:3)
Railroad from Chicago to Rock Island, 43
Railroad bond amendment, 133, 135-36, 168,
185-87, 237 (C.9:[2]), 241-43 (C.9:10)
Railroads, need of in 1855-57, 46; hope of
land grant for, 46; rival plans for system
of, 46, 47; delegations in Washington to
obtain land grant for, 52; railroads and
statehood, 53; Rice's plan for railroad
land grant, 54-55; passage of railroad land
grant, 59-60; special session of legislative
assembly to dispose of lands, 65-66; local
and municipal aid for,

191, 245-46

(C.9:14b,15); liability of stockholders of,
196. See also Railroad bond amendment
Railroads, taxation of, see Gross earnings tax
Ramsey, Alexander, appointed first governor

of Minnesota territory, 31; his arrival in
Minnesota, 31; politics of, 35-36, 38, 40;
mentioned, 33

Ramsey, Justus, 74

Recall, proposed amendment as to, 181, 232
Redress of wrongs, 209 (C.1:8)
Red River of the North, 162

Red river valley, British claim to, 5-6; be-
comes American territory, 8-9; character
of, 44

Referendum, Republican belief in, 89; right
of proposed, 119; provisions of constitution
requiring, 218 (C.4:32a), 218-19 (C.4:32b),
237 (C.9:[2]). See also Initiative and
referendum

Removal of officers, see Impeachment and re-
moval of officers

Religion, see Freedom of religious worship
Religious tests forbidden, 118, 210-11 (C.1:17)
Representation, basis of in legislature, 165-66
Representatives, state, see Legislature
Republican form of state government, required
by Northwest Ordinance, 11; relation to
intelligence and schools, 232 (C.8:1)
Republican party, in the territory, 37-41;
growth of in southern Minnesota, 45-46;
in 1856 legislature, 50; in 1857 legislature,
68; handicapped in election of constitu-
tional convention, 70-71; activity of before
election of delegates, 71-73; success of in
election, 75-77; negotiations with Demo-
crats, 78-79; all-night vigil of Republican
delegates, 79; proceedings of Republican
delegates on first day, 79-82; position
taken on seating of delegates, 83-85, 91;
proceedings on second day and thereafter,
85-86; satisfied with the constitution, 115;
in election of October 13, 1857, 133-34.
See also Republican wing of convention
Republican wing of constitutional convention,
proceedings on first day, 79-82; proceed-
ings on second day, 85-86; analysis of
membership, 87-88; procedure of, 88-89;
inexperience and radicalism of members
of, 89-90; debates of, 91, 92; approves
plan of compromise, 94-95; negotiates with
Democratic wing, 95-97; receives and
adopts compromise constitution, 101, 104;
closes its work, 106-10; payment to members
of refused, 107-8; debates cited, 111; con-
tributions to original constitution reviewed,
115-32; attitude toward tri-city agreement,

Rights and privileges of the people, 208 (C.1:2),

210(C.1:16)

Rights of way, 127, 249 (C.10:4)

Road and bridge amendment (1906), litigation
as to adoption of, 153-54

Road and bridge fund, see Highways
Robbins, N. B., Jr., 104, 113
Robert, Louis, 22

Rolette, Joseph, favored east-and-west line in
1856, 46, 49, 54; opposes east- and west-
group on capital removal, 58-59

Root river, 52

Rules, of legislature, 213 (C.4:4)

Rum river, 19

Russell, R. P., 77

Sabotage, 158

St. Anthony, 38, 41, 45, 46, 55, 70, 73, 77, 125

St. Anthony Express, newspaper, 77

St. Croix river, 17, 19, 20, 44, 161-62

St. Croix valley, attempts to separate from
Wisconsin, 17-20, 21

St. Louis river, 17, 19, 20, 161-62

St. Paul, city of, 17, 19, 22; in 1849, 31; 38,
41, 45, 49, 53, 55, 70, 73, 74, 75, 78, 79,
125, 131, 251; influential position of in
territorial period, 45; plans of St. Paul
leaders as to statehood and railroads, 46;
plans of east-and-west group to destroy
its hegemony, 47, 53

St. Paul Advertiser, newspaper, 73
St. Paul Times, newspaper, 84

St. Peter, city of, 41, 53, 58, 59, 70, 133; hope
of being capital, 47, 49; attempt to remove
capital to, 58-59

St. Peter Company, relation of, to east-and-
west line plans, 49

Salaries, of original state officers, 121-22; of
present executive officers, 225 (C.5:5,6)
Sauk Rapids, 22

Schedule, struggle over provisions of, in con-
ference committee, 101-3, 131; in conven-
tions, 104-6; provisions of, as to adoption
of constitution, 133-34; purpose and effect
of, 203; text of, 265-69

School districts, empowered to borrow state
funds, 182-83, 234-36 (C.8:5,6)
School funds, see Schools

School lands, see Schools
Schools, pioneers exhorted by Northwest Ordi-

nance to maintain, 10; lands reserved for,
by organic act, 35; hope of land grant for,
56; land grant for, provided in enabling
act, 64; original provisions of constitution
as to, 124-25; proposal to prohibit use
of state school funds by religious sects,

Schools (continued)

124; state versus township control of
funds, 124-25; amendments to constitution
as to, 181-84; amendment as to investment
of school funds, 181-82; other amendments
upon this subject, 182-83; investment of
funds in farm mortgages, 183; reforesta-
tion of school lands, 183-84; provisions of
constitution as to, 232-36 (C.8:1-7); impor
tance of, 232 (C.8:1); provisions as to
school lands and funds, 233-36 (C.8:2,3,
5,6); mentioned, 118, 121, 179, 219,
231-32 (C.7:8)

Seal of state, 252 (C.15:4)

Searches and seizures, unreasonable, prohibited,
209 (C.1:10)

Seeger, William, impeachment of, 190
Senate, see Legislature

Senators, state, see Legislature

Separation of powers, 119, 212(C.3:1); ex-
plained, 163-64

Sessions, daily, of Republican wing of conven-
tion, 88, 89

Sessions, of territorial legislative assembly, 34;
of legislature, 119-20, 165

Setzer, Henry N., 94, 95, 97, 98, 105-6
"Seven senator" proposal, 166, 213

Seward, Senator, from New York, 61, 139
Sherburne, Moses, 80, 113, 115; proposes com-

promise, 92-94, 95, 96, 97; appointed to
compromise committee, 97; reports a com-
promise constitution, 101, 103
Sherman, John, 136, n., 139

Shields, James, General, 52; elected United
States senator, 135; applies for his seat,
137
Ship-building and ship-owning companies, taxa-
tion of, 189

Sibley, Henry H., elected delegate from un-
organized territory in 1848, 22-24; incon-
sistencies in his position, 25; seated as
delegate by House of Representatives,
25-26; labors successfully to have territory
of Minnesota established, 28-30; politics
of, 35, 36; mentioned, 13, 22, 31, 32, 74,
88, 95, 96, 107, 109, III, 112, 124,
125, 136, 140, 174

Signature of laws, 120, 214(C.4:11), 216
(C.4:21,22)