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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

on

Reforestation, of state lands, 149,

183-84,
236(C.8:7); of státe and other lands

proposed, 194-95
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 forin 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 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,

I 25
Residence requirements for voters, 123-24
Revenue bills, where to originate, 214(C.4:10)
Revision of constitution, Constitutional

see

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.9:145,15); 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

conventions
Rice v. Austin, 164
Rice, Edmund, 52, n.
Rice, Henry M., defeated for delegate to

Congress by Sibley in 1848, 24; supports
Sibley's efforts to establish the territory
of Minnesota, 28, 32; politics of, 35-36;
opposed Pacific Railroad bill of 1856, 46;
at outs with Gorman, 47; his plans for
statehood, 52-55; procures passage ot
enabling act and railroad land grant, 59-
63; elected first senator from Minnesota,

135; mentioned, 51, 57, 58, 66, 161
Rights of representation, 26, 27

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

to

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)

I 24; 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
school lands and funds, 233-36(C.8:2,3,
5,6); mentioned, 118, I21, 179, 219,

231-32(C.7:8)
Seal of state, 252(C.15:4)
Searches and seizures, unreasonable, prohibited,

209(C.1:10)
Seat of government, see Capital
Secombe v. Kittelson, 143, 164, 168
Secretary of Minnesota territory, 32, 33
Secretary of State, 174-75, 223(C.5:1), 224

(C.5:2,4), 225(C.5:5), 250 (C.13:1), 252

(C.15:4)
Sectionalism, see Boundaries of Minnesota,

Apportionment of representation
Sedition, 158-59
Seeger, William, impeachment of, 190
Senate, see Legislature
Senators, state, see Legislature
Separation of powers, 119, 212(C.3:1); e.

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,

I 24,
125, 136, 140, 174
Signature of laws, 120, 214(C.4:11),

(C.4:21,22)

216

Signers of the constitution, 109, 276-77
Slavery, forbidden by Northwest Ordinance,

10; excluded from all parts of Minnesota,
11; slavery issue and birth of Republican
party, 37-40; prohibited by constitution,

208 (C.1:2)
Sleeping car companies, taxation of, 188-89, 239
Smith v. Webb, 188
Soldiers' bonus case, 177
Sources of constitution, whether Republican or

Democratic, 103-4, 115-31; other constitu-

tions from which drawn, 131, n.
South, opposed to creation of more northern

states, 29
South Dakota, 32, 162
Southern Minnesota, see Minnesota west
Sovereignty, nature of, 2
Spain, claims of in Minnesota country, 5;

acquires Louisiana territory from France,

6; re-cedes it to France, 8
Special assessments, power to levy, 187-88, 190,

238, 240(C.9:1)
Special legislation, for creation of private cor-

porations forbidden, 126; prohibition ex-
tended to other subjects in 1881, 169; and
again extended in 1892, 170; these pro-
hibitions did not really prohibit, 169, 170;
as to county lines and county seats, 198;
provisions of constitution as to, 219-20

(C.4:33,34)
Speech, see Freedom of speech
Spunk creek, 22
Squatter sovereignty, 49, 57
Stacy, E, C., 94
Standing army, prohibited in time of peace,

210(C.1:14)
Stannard, L. K., appointed to compromise

committee, 95
Stanton, Edwin M., 71
State ex rel. Childs v. Board of Co. Comm'rs

of Crow Wing County, 198
State ex rel. Childs v. Pioneer Press Co., 198
State ex rel. Clapp v. Peterson, 200
State ex rel. Co. Treas. of Mille Lacs Co. v.

Dike, 164
State ex rel. Hahn v. Young, 168, 187
State ex rel. Johnson v. Becht, 160
State ex rel. Hart v. City of Duluth, 199
State ex rel. Kinsella v. Eberhart, 164, 200
State ex rel. Luley v. Simons, 164
State ex rel. Madigan v. Wagener, 160, 198
State ex rel. Meighen v. Weatherill, 166
State ex rel. Olson v. Scott, 113

State ex rel. Railroad and Warehouse Comm'rs

v. Chicago, Milwaukee, and St. Paul Ry.

Co., 164
State ex rel. Robertson v. New England Furni.

ture and Carpet Co., 160
State ex rel. Simpson v. Mankato, 163, 171
State ex rel. Slipp v. McFadden, 198
State ex rel. Thompson v. Whitcomb, 164, 200
State ex rel. Tuttle v. Braden, 164
State ex rel. Young v. Brill, 164
State v. Benson, 156
State v. Bishop Seabury Mission, 113
State v. Brooks, 150, n.
State v. Callahan, 160
State v. Freerks, 159
State v. George, 162
State v. Gilbert, 159
State v. Great Northern Ry. Co., 164
State v. Harris, 156
State v. Holm, 158
State v. Jensen, 157
State v. Marciniak, 160
State v. McBride, 148, n.
State v. Moilen, 158
State v. Pioneer Press Co., 158
State v. Swift, 150, n.
State v. Townley, 159
Stearns v. Minnesota, 146, n., 163
Stinson v. Smith, 187
State government set up, 140-41
Statehood, promise of, in Northwest Ordinance,

9-11; nature of movement for in Minne-
sota, 42-43; attitude of Congress as to, 43;
favorable sentiment among people, 43-44;
Gorman advises delay in 1856, 47, 49;
convention proposed, 49; little agitation
for, in 1856, 50-51; Rice's plans for, 52-55;
statehood and railroad question, 53; argu-
ments for statehood expressed by Gorman,
56-57; passage of enabling act, 59-63; sub-
stance of enabling act, 63-65, 88; statehood
finally accomplished, 136-41; when did

Minnesota become a state?, 141-43
State prison, see Prison
State seal, 252(C.15:4)
States, nature and extent of powers of, 1-2;

and modern demands for social legisla-

tion, 2
Status, of Minnesota, 1848-49, 23-28; 1857-58,

141-43
Stephens, Alexander H.,' 137, 139
Stevens, John H., 91, 108

Stillwater, city of, 19, 21, 22, 45, 55, 70, 73,

125, 131, 251
Still water Convention, call for, 22; proceedings

of, 22-24; elects Sibley delegate, 22; me-
morials, 23; its views as to status of

Minnesota, 23.24
Stockholders in corporations, liability of, 125-

27, 196-97, 248-49 (C.10:3)
Story, Joseph, 158
Streeter, O. W., 94
Suffrage, alien, objections to, in Congress upon

passage of enabling act, 60-62; original
provisions of constitution as to, 105, 123-
24, 229-30 (C.7:1); objections to, in Con-
gress upon passage of act of admission,
140; amendment putting an end to, 180,

230-31(C.7:1)
Suffrage, negro, debated, 72, 98-99, 100, 101;
finally adopted in

state, 178-79,

230
(C.7:1)
Suffrage, woman, 179-80, 231-32(C.7:8)
Suffrage requirements, under the organic act,
32;

in the territories generally, 32, n.;
for the election of delegates to the con-
stitutional convention, 73; Republican
proposal as to negro suffrage, 99-100; re-
ligious and property tests prohibited, 118;
original provisions of constitution as to,
123-24; brief history of in Minnesota, 177-
78; approval of negro suffrage, 178-79;
partial enfranchisement of women, 179;
the federal woman suffrage amendment,
179-80; aliens denied suffrage, 180; prop-
erty and religious tests forbidden, 210-11
(C.1:17); exclusion from right of, 215
(C.4:15); provisions of constitution as to,
229-32(C.7:1-9); special disqualifications,
231(C.7:2); residence, rules as to, 229-31
(C.7:1,3,4). See also Suffrage, alien;

Suffrage, negro; Suffrage, woman
Superintendent of public instruction, Republi.

can proposals as to, 121
Superior, proposed state of, 19
Supreme court, clerk of, 122, 226(C.6:2);

commissioners of, 176; power to declare
statutes unconstitutional, 176-77; organiza-
tion and jurisdiction of, 226(C.6:2);
election and terms of justices, 177, 227
(C.6:3); qualifications and salaries, 228
(C.6:6); vacancies in, 229 (C.6:10); in-

compatible offices, 229 (C.6:11)
Swamp land fund, 183, 233(C.8:2)
Swedish settlement in Chisago county, politics

Taxation (continued)

188-89; of products of mines, 188; of in.
heritances, 188-89, 238-39 (C.9:1); "wide
open tax amendment,” 189-90, 240(C.9:1);
of dogs, proposed, 195; of motor vehicles
for trunk highway fund, 202, 263-64
(C.16:2,3,4); for support of schools, 234
(C.8:3); exemptions from, 237 (C.9:[3]),
240(C.9:1); of money, credits, and banks,
237(C.9:[3,4]); to pay railroad bonds, 237
(C.9:[2]); for road and bridge fund, 246.
48(C.9:16); for trunk highway system,
263-64(C.16:2,3,4). See also Gross earn.

ings tax
Taxation of federal lands, by states, forbidden

by Northwest Ordinance, 10; of non-resi-
dents not to be at higher rate, 10; similar
provisions organic act, 34; similar pro-
visions in enabling act, 64-65; in constitu-

tion, 163, 212(C.2:3)
Taylor, James Wickes, views on constitutional

questions noted, 72, n.
Taylor, Joshua L., 22
Taylor, William H., 97, 105
Taylor, Zachary, 29, 31
Taylor v. Taylor, 112
Telegraph companies, taxation of, 188-89, 239
Telephone companies, taxation of, 188-89, 239
Tenvoorde, John W., 97
Territorial act providing for expenses of con-

stitutional convention, passage of, 65-67;

validity of, 67-68, 84-85; text of, 299
"Territorial Party," 35, 36
Territories of U. S., right of representation

in Congress, 26, 27
Territory of Minnesota, see Minnesota, his.

tory of

Thompson, C. W., 58, n.
Thompson, Richard W., 26
Thwaites, Reuben Gold, 20
Tonnage tax, 188-89, 238
Townships, original provisions of constitution

as to, 127; empowered to borrow state
funds, 182, 235-36(C.8:6); limit on power
of, to aid railroads, 191, 245-46(C.9:14b,
15); article of constitution relating to,

197-98, 249-50 (C.11:3-6)
Transition to statehood, 133-43
Transitory provisions, 265-69 (Schedule)
Treason, pardons for possible, 175; definition

of and conviction for, 209(C.1:9)
Treasurer, publication of reports by, 195, 244

(C.9:11); duties of, 218(C.4:32b); men-
tioned, 223(C.5:1), 224 (C.5:4), 225

(C.5:5), 234(C.8:5), 250(C.13:1)
Treaty of 1803, for purchase of Louisiana ter-

ritory from France, 8 and n.
Treaty of San Ildefonso, 1800, 8

of, 40

Taxation, original provisions of constitution as

to, 125, 163; gross earnings tax amend-
ment, 167; basis and methods of, 187-90,
237-40(C.9:1-[4]); by special assessments,
187-88, 238, 240(C.9:1); of banks, 188,
237 (C.9:[4]), 238; of large corporations,

Warrants, to be specific, 209(C.1:10)
Warren, John Esaias, his letters on statehood,

50-51
Water mains, assessments for, 188, 238(C.9:1)
Waterways, to be common highways, 10
Watonwan river, 14
Watrous, Major, 52
Wayne, Anthony, General, 12
Welles, H. T., 52
Western Railroad Co. v. De Graff, 164
When did Minnesota become a state?, 141-43
Whigs, in the territory, 35-36
White Earth river, 32, 44
“Wide open tax amendment," 153-54, 189-90
Wilkinson, Morton S., 22, 35
Willis v. Mabon, 196
Wilson, J. P., 84
Wilson, Thomas, 52, 104, 112; appointed to

compromise committee, 95; trouble with

Gorman, 98-99
Winona, city of, 16, n., 19, 47, 49, 52, 53, 55,

58, 59, 70, 133
Wisconsin, territory of, 11, 14; evolution of

western boundary of state of, 17-21;
claims to Minnesota east,

17; constitu.
tional conventions, 17-19; mentioned, 42,

45, 56, 161-62
Witnesses, right of accused persons to,

208(C.1:6); religious tests for prohibited,

211(C.1:17)
Woman suffrage, see Suffrage, woman
Women, married, proposal to property

as

as

Treaty of 1783, extends American dominion

to Mississippi river, 6; inaccuracy of, as
to northwestern boundary of United

States, 6; mentioned, 161
"Treaty lands," 45
Tri-city agreement (St. Paul, St. Anthony,

Stillwater), 45, 125, 131
Trumbull, Lyman P., 71
Trunk highway system, see Highways
Tweedy, John H., 24

United States, acquires territory to Mississippi

river in 1783, 6; acquires Louisiana in
1803, 8; northwestern boundary fixed at

49° no. lat. in 1818, 8-9
United States senators, 217(C.4:26)
University, 45; land grant for, 64; location

and franchises of, guaranteed by constitu-

tion, 125, 234(C.8:4)
University fund, investment of, 182-83, 235-36

(C.8:6)
Unorganized territory, Minnesota as, 21-28

rights of, 130
Writs of error, right to, 118

Veto power, in the territory, 33; of the gover-
nor
of the
state, I 20,

169, 214-15
(C.4:11,12)
Viebahna'. Board of Co. Comm'rs of Crow

Wing County, 163
Villages, general law for organization of, 169;

empowered to borrow state funds, 182,
235-36(C.8:6); power to levy special assess-
ments, 187-88. See also Municipal cor.

porations, Municipal home rule
Voters, see Elective franchise

Wait, H. C., 73, 97
Warner, Frank, 94

Yeas and nays, 213(C.4:5)

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