Minnesota, the North Star StateFolwell, William Watts
History
Minnesota, the North Star State
Folwell, William Watts
Minnesota -- History
There was no legislative session in 1850. The statutes of 1851 embrace
but few of notable importance. After a long and bitter struggle the
capital, temporarily placed by the organic act at St. Paul, was
permanently located in that town. To secure the majority vote it was
necessary to concede to Stillwater the state prison and to St. Anthony
the university. The evidence of a formal “tripartite agreement” to this
arrangement is lacking, but it is probable that an understanding or
expectation influenced the voting. The diligence with which a body
composed largely of fur-traders and lumbermen overhauled a revision of
the territorial laws, prepared by a committee of lawyers, bears
testimony to a zeal for duty. The result was the well-known “Code of
1851.” It embodied substantially the New York code of procedure. The
general incorporation law did not include railroad corporations. An act
of 1852 prohibiting the manufacture and sale of intoxicating liquors
was submitted to a vote of the electors and ratified by a vote of 853
to 662. Before the year was out the supreme court of the territory, on
an appeal from below, ruled the act to be unconstitutional on the
ground that the organic law having vested all legislative power in the
legislative bodies, the referendum was inoperative. In 1853 equity
procedure was conformed to that of civil actions.
* * * * *
The dominating feature of Governor Ramsey’s territorial governorship
was the extinguishment of the Indian title of occupancy to all the
lands of the Sioux in Minnesota, except the small reservations. No time
was lost by interested parties in impressing on Mr. Ramsey the
importance of increasing the area of settlement in his territory. Land
speculators and lumbermen desired an enlargement of their spheres of
operation. The Indian traders, who in previous years would have opposed
a treaty of cession, were at this time, under changed circumstances,
eager. The hunting of wild animals for their pelts had greatly reduced
their numbers, so that the trade had dwindled. The prospect of profits
in land speculation appeared likely to exceed those of Indian trading.
The traders also were of opinion that it was about time for a
substantial liquidation of Indian debts due them. The half-breeds and
squaw men had, as we shall see, a strong desire for a treaty. Moved by
what seemed a general demand, Governor Ramsey recommended to the first
territorial legislature that they memorialize Congress to provide for a
treaty of cession with the Sioux. That body promptly complied. The
commissioner of Indian affairs had meantime been interested to such a
degree that he arranged for a treaty, and to pay the expenses out of
funds already at his disposal. He appointed as commissioners to conduct
the negotiation Governor Ramsey, being already superintendent
_ex-officio_ of Indian affairs in his territory, and the Hon. John
Chambers of Iowa, and furnished them a body of instructions, which
Public-domain text, read in full here on John Shaqi.
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