Part 82 (1/2)

Ingenuity aenius (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 knoas adopted by the people Oct 13, 1857

The question arises in the writer's ality of the constitution of Minnesota Have we a constitution? If so, which one?

The question of legality, however, has never been raised before the proper tribunals, and it is perhaps well to leave it thus unquestioned

FIRST MINNESOTA STATE LEGISLATURE, HELD 1857-8

Under a provision of the constitution adopted Oct 13, 1857, the legislature was elected and convened Deceh the State had not then been adnized as governor, though not at the tih his private secretary The whole state, judicial and legislative ticket had been elected in October, but none of the state officers could qualify prior to the fors was called in question The Republicans entered a protest against legislation until after the admission of the State, but the Democratic party was in the islature, and the protest was unheeded Notwithstanding the doubtful validity of acts passed by this body, soantthe the issue of bonds to that amount, ostensibly to aid in the construction of railroads in Minnesota, and to be used as a basis for banking This bill was passed near the close of the session, which lasted ninety days, and was an amendment to the constitution to be voted on April 15, 1858[J] The result proved even worse than had been predicted by the h adopted by an overwhel majority, speedily fulfilled the predictions of its opponents The State was flooded orthless bank issues, based upon these worthless bonds Financial distress and panic ensued A reaction followed, and in Noveed Of these bonds, 2,275,000 had already been issued, when the section granting their issue was repealed These the State subsequently redeeh afterward adopted as an a orously in both houses of the legislature, and characterized at the tih not present at the tie, on account of sickness, the author fully committed himself as an opponent of the bill, and placed himself on record in an address to his constituents dated March 19th, at the senate chamber, which address was circulated extensively at the time The views and predictions therein expressed as to the disastrous character of the bill have been amply justified and verified by subsequent events

Hon Chas F Lohen aof the constitutional convention, had designed and prepared a seal to be used by the inco of the convention, and Mr Lowe hoped to have it forislature At the request of Mr Lowe, it was presented by the writer, then a member of the senate, and was adopted by the senate and house with n was indeed a beautiful one, and the workmanshi+p of the seal, by Buechner, of St Paul, was adn of the seal was as follows:

[Illustration: STATE SEAL]

A waterfall (supposed to be that of Minnehaha) within a shi+eld; this part of the device was intended to symbolize the idea of water for the auished above any other part of our country In addition was represented the figure of an Indian pointing toward the setting sun, as his course of destiny runs, with his tomahawk, bow and arrows; at his feet opposite the Indian was the figure of a white riculture at his feet, representing to the Indian that he must partake of the habits of civilized life or depart toward the setting sun In one corner of the field appeared a distant view of Lake Superior, with a shi+p in sail In another was a view of a river, indicating the Minnesota river, running fro its stream In rear of the shi+eld and waterfall were three trees, which are typical of the three ti the south and southwest portion of the State, the pine in the centre typifying the great pine regions of Lake Superior, Upper Mississippi and St Croix, and thethe north and northwestern portion of the State For a motto to accompany the words state of Minnesota, A D 1858, which were placed upon the upper rim of the seal, the words placed upon the lower rim of the seal were, ”Liberty and Union, Now and Forever One and Inseparable” The act of the legislature went to the governor, who returned it to the senate approved and signed, July 14, 1858

Soreat seal as appended to official documents, and when it did appear it was very different froiven to Rev E D Neill by the newspapers con of the present great seal of the state of Minnesota, there seeally adopted, and the question may well be raised as to its validity It lies, however, in the eternal fitness of things that a state without a legal constitution should also be without a seal

At the joint convention of Dec 19, 1857, Hon Henry M Rice and Gen

James shi+elds, of Mexican War fame, were elected senators The Republicans supported David Cooper and Henry D Huff During this session the presiding officer of the senate was Richard G Murphy, a so When perplexing questions arose he would say gravely, ”The chair can not decideislature adjourned March 25, to islaturebeen admitted in the interim Lieut Gov Holcombe presided over the senate and proved an acceptable and able presiding officer

The five islature passed a banking law, establishi+ng banks in various parts of the State with the five ood at this late day to raise a question as to the validity of the acts of the first state legislature, but it is due to ourselves and others ith us at the tiainst the validity of acts passed at this session, to give a few extracts fro of distrust was quite general The ground of this opinion was the fact that the legislature elected as a state legislature held its first session prior to the admission of the State, and under the adh his secretary, acting in his place The question was openly discussed, not only in the legislature but in the public press of the State

As early as Dec 8, 1887, the following protest was presented in the senate:

SENATE CHAMBER, ST PAUL

We, the undersigned senators of the state of Minnesota, do hereby enter and record this, our _solenition by this body, in any overnor of the territory of Minnesota, as the governor of the state of Minnesota, or as being invested with any of the rights, authority, privileges, powers or functions of governor of said state of Minnesota

And we do _solenition by this body, in any manner, of the claihts, authority, privileges, powers or functions of the governor of the state of Minnesota--such clai wholly unauthorized and unwarranted by the constitution of the state of Minnesota; and in violation of the expressed will of the people of the state of Minnesota, and an attempted usurpation of office, at ith the fundaerous to the liberties of the people

D G NORTON, LEWIS MCKUNE>, GEO WATSON, EDWIN M SOMERS, BOYD PHELPS, J K REINER, H L THOMAS, JAMES RIDPATH, MICHAEL COOK, CHARLES H LINDSLEY, E N BATES, E HODGES, A G HUDSON, JONATHAN CHASE, W H C FOLSOM, S S BEMAN, DELANO T SMITH

On Dece resolution to the senate:

”WHEREAS, By the provisions of the constitution the executive officers of the State can not qualify until after the adress, and

”WHEREAS, There is no governor of the state of Minnesota to whom acts may be submitted, as required by the constitution; therefore,

”_Resolved_, That this legislature can pass no acts which could becoress, and the qualification of the governor elected by the people”

The resolution was adopted and referred to the following committee: Van Etten, Streeter, Jones, Norton, and Folsom