Houston County, Minnesota - Chapter 6: Governmental Jurisdiction, 1919

Jurisdiction over Houston county has been claimed by four nations, Spain, France, England and the United States ; by the French and English colonial authorities ; by Louisiana District ; by the executive power of the territory of Indiana; by the territories of Louisiana, Missouri, Michigan, Wisconsin, Iowa and Minnesota, and by the State of Minnesota. As a part of Minnesota Territory it was included in Wabasha and Fillmore county before attaining county privileges itself.

Spain, by virtue of the discoveries of Columbus and others, confirmed to her by the Papal grant of Alexander VI, May 4, 1492, may be said to have been the first European owner of the entire valley of the Mississippi River, but she never used this claim as a ground for taking actual possession of this part of her domains other than was incidentally involved in De Sota's doings. The name of Florida was first applied to the greater part of the eastern half of North America, commencing at the Gulf of Mexico, and proceeding northward indefinitely.

England, basing her claims on the exploration made by her along the Atlantic coast, issued to various individuals and "companies" charters to vast tracts of land extending from the Atlantic westward.

Practically, however, the upper Mississippi Valley may be considered as having been, in the first place, Canadian soil, for it was Frenchmen from Canada who first visited it and traded with its natives. The names of Canada and New France were used interchangeably to apply to the vast French possessions of the American continent. The name, Louisiana, was invented by La Salle and applied by him to the entire Mississippi Valley. But, generally speaking, the Canada, or New France, of the eighteenth century took in the upper Mississippi Valley, while the name Louisiana was used for the lower valley.

At the close of the great European conflict which found its echo in the so-called French and Indian War in America, the Mississippi became an international boundary. The preliminary treaty of peace signed by representatives of England, Spain and France, at Fontainbleau, Nov. 3, 1762, confirmed by the definite treaty signed at Paris, Feb. 10, 1763, made the Mississippi from its source to about the 31st degree of north latitude the boundary between the English colonists on this continent and French Louisiana. But on the first mentioned date, representatives of Spain and France had signed a secret treaty by which French Louisiana, including New Orleans, was ceded to Spain.

At the close of the Revolutionary War, the territory east of the Mississippi, and north of the 31st parallel, passed under the jurisdiction of the United States. By the definite treaty of peace between the United States and Great Britain, ratified at Paris, Sept. 3, 1783, a part of the northern boundary of the United States, and the western boundary thereof, was established as follows: "Commencing at the most northwestern point of the Lake of the Woods, and from thence on a due course west to tlie Mississippi River (the Mississippi at that time was thought to extend into what is now Canada), thence by a line to be drawn along the middle of the Mississippi River until it shall intersect the northernmost part of the 31st degree of north latitude." (U. S. Statutes at Large, Vol. 8, page 82).

By the secret treaty of Saint Ildefonso, signed Oct. 1, 1880, Spain receded the indefinite tract west of the Mississippi to France, which nation did not, however, take formal possession until three years later, when a formal transfer was made from Spain to France, in order that France might formally transfer the tract to the United States under the Treaty of April 30, 1803.

By an Act of Congress, approved Oct. 31, 1803, the President of the United States was authorized to take possession of this territory, the act providing that "all military, civil and judicial powers exercised by the oflficers of the existing government shall be vested in such person and persons, and shall be exercised in such manner as the President of the United States shall direct." (United States Statutes at Large, Vol. 2, page 245.)

December 20, 1803, Louisiana was formally turned over to the United States by M. Laussat, the civil agent of France, who a few years previous, November 30, had received a formal transfer from representatives of Spain. The region comprehended in the "Louisiana Purchase" as the land thus transferred to the United States was called, included all the country west of the Mississippi, except those portions west of the Rocky Mountains actually occupied by Spain, and extended as far north as the British territory. The Louisiana Purchase, therefore, embraced Houston county.

By an Act of Congress, approved March 26, 1804, all that portion of the country ceded by France to the United States under the name of Louisiana lying south of the 33rd degree of north latitude, was organized as the territory of New Orleans, and all the residue thereof was organized as the District of Louisiana. The District of Louisiana was therefore the first territorial aflUiation of Houston county. The act creating the District provided that the executive power then vested in the government of Indiana should extend to the new District. Houston county, therefore, had it at that time been transferred from the Indians to the whites, would have fallen under the executive power of Indiana Territory as a part of Louisiana District.

Indiana had been created a territory from the Northwest Territory May 7, 1800, and was admitted as a State Dec. 11, 1816. In the meantime, however, March 3, 1805, Louisiana had been organized as a Territory, with full territorial powers. The name, Louisiana, however, on April 30, 1812, was taken by the Territory hitherto known as Orleans, and Louisiana, with its present boundaries became on that date a State in the Union.

1814, that part of the Louisiana Purchase north of the State of Louisiana was given the name of Missouri with full territorial powers. The struggles in Congress which led to the Missouri Compromise ; the agreement that all the area west of the Missouri and north of the parallel 36° 36' should forever be free from the sway of slavery, and the final admission of Missouri as a State with her present boundaries Aug. 10, 1821, are a vital part of the history of our Nation. This admission of Missouri as a State left the land to the northward, including Houston county, without a fountainhead of territorial government from that date until June 28, 1834, when it was attached to the Territory of Michigan, which had been created Jan. 11, 1805. The present Houston county was therefore placed under the jurisdiction of Michigan Territory. Michigan was admitted as a State, Jan. 26, 1837, the act having been passed by Congress April 20, 1836.

When Wisconsin Territory was organized by an Act of Congress, April 20, 1836, all of the Louisiana Purchase north of the State of Missouri was placed under its jurisdiction. This included what is now Houston county. Wisconsin became a State May 29, 1848.

The Act creating the Territory of Iowa, June 12, 1838, divided the Territory of Wisconsin along the Mississippi River, and gave the name of Iowa to the western part. Iowa remained a Territory from 1838 to 1846. The greater part of southern and southeastern Minnesota was within the jurisdiction of Clayton county. Henry H. Sibley was a justice of the peace in that county. The county seat was 250 miles distant from his home in Mendota at the mouth of the Minnesota River, and his jurisdiction extended over a region of country which, as he expressed it, was "as large as the empire of France." A convention of duly authorized representatives of the people remained in session at Iowa City from Oct. 7 to Nov. 1, 1844, and framed a State constitution. It was provided that the constitution adopted, together with any alterations which might subsequently be made by Congress, should be submitted to the people of the territory for their approval or rejection at the township elections in April, 1845. The boundaries of the proposed new State, as defined in the constitution, were in part as follows: . . Thence up in the middle of the main channel of the river last mentioned (the Missouri) to the mouth of the Sioux or Calumet River ; thence in a direct line to the middle of the main channel of the St. Peter's (Minnesota) River, where the Watonwan River - according to Nicolet's map - enters the same; thence down the middle of said river to the middle of the Mississippi River ; thence down the middle of said river to the place of beginning." This would have included in the State of Iowa, Houston county, and, in fact, all the counties of what is now Minnesota that lie south and east of the Minnesota as far as Mankato, also including Faribault county and nearly all of Martin, the greater part of Blue Earth and portions of Watonwan, Cottonwood and Jackson.

Congress rejected these boundary lines, and March 3, 1845, in its enabling act, substituted the following description of the proposed boundaries : "Beginning at the mouth of the Des Moines River, in the middle of the Mississippi ; thence by the middle of the channel of that river to the parallel of latitude passing through the mouth of the Mankato or Blue

E^arth River ; thence west along said parallel of latitude to a point where it is intersected by a meridian line IT'^SO' west of the meridian of Washington City; thence due south to the northern boundary line of the State of Missouri ; thence eastwardly following that boundary to the point at which the same intersects with the Des Moines River ; thence by the middle of the channel of that river to the place of beginning." Thus the southern boundary of Minnesota would have been on a line due east from the present city of Mankato to the Mississippi River and due west from the same point to a point in Brown county. This would have included in Iowa all but a small fraction of the counties of Winona, Olmsted, Dodge, Steele, Waseca and Blue Earth, portions of Brown, Watonwan and Martin, and all of Faribault, Freeborn, Mower, Fillmore and Houston. This reduction in its proposed territory was not pleasing to those citizens of Iowa who wished the State to have its boundaries to include the Minnesota River from the Blue Earth to the Mississippi, and the Mississippi from the Minnesota River to the Missouri State line. This changing in the boundary was really a political measure, a part of those battles in Congress over free and slave States which preceded the Civil War. The boundaries as proposed by Congress were rejected by the people of Iowa after a bitter campaign. Aug. 4, 1846, Congress passed a second enabling act, which was accepted by the people by a narrow margin of 456, the vote being 9,492 for, and 9,036 against. This second act placed the northern boundary of Iowa still further south, but added territory to the west. The northern boundary of Iowa, as described in the enabling act, was identical with the parallel of 43°30' north, from the Big Sioux River, eastward to the Mississippi. This, with the exception of the short distance from the Big Sioux River to the present western boundary of Minnesota, is the present southern boundary of our State. Minnesota's southern boundary, as thus described, was carefully surveyed and marked within six years of its acceptance by Iowa. The work was authorized March 3, 1849, and two appropriations of $1,500 each were soon made. The survey was completed during the years 1849 to 1852, at a total cost of $33,277.73. Although the work was done with the best instruments then known, an error of 23 chains, evidently due to carelessness, was discovered within a year. Iowa was admitted as a State, Dec. 28, 1846.

Iowa having been admitted, the area that is now Minnesota again lost its territorial affiliations. However, on Dec. 18, 1846, Morgan L. Martin, delegate from Wisconsin Territory, gave notice to the House of Representatives that ''at an early day" he would ask leave to introduce a bill establishing the Territorial Government of Minnesota. The name, which is the Indian term for what was then the river St. Peter (Pierre) and has now become its official designation, was, it is believed, applied to the proposed Territory at the suggestion of Joseph R. Brown. During its consideration by congress the bill underwent various changes. As reported back to the house, the name ''Minnesota" had been changed by Stephen A. Douglas to "Itaska." Mr. Martin immediately moved that the name "Minnesota" be placed in the bill in place of "Itaska." "Chippewa," "Jackson" and 'Washington" were also proposed. After many motions, counter motions and amendments, ''Minnesota'' was placed in the bill, which with a minor change passed the house. In the senate it was rejected. A second attempt was made two years later. January 10, 1848, Stephen A. Douglas gave due notice to the senate that "at a future day" he would introduce a bill to establish the territory of Minnesota. He brought in the bill February 23. It was several times read, was amended, referred to committee Itnd discussed, but congress adjourned August 14 without taking ultimate action on the proposition.

In the meanwhile Wisconsin was admitted to the Union May 29, 1848, and the western half of what was then St. Croix County was left outside the new state. The settled portions of the area thus cut off from Wisconsin by its admission to statehood privileges were in the southern part of the peninsula of land lying between the Mississippi and the St. Croix.

The people of this area were now confronted with a serious problem. As residents of the territory of Wisconsin they had enjoyed the privileges of citizenship in the United States. By the creation of the State of Wisconsin they were disfranchised and left without the benefits of organized government. Thus, Stillwater, which had been the governmental seat of a growing county (St. Croix), was left outside the pale of organized law. Legal minds disagreed on the question whether the minor civil officers, such as justices of the peace, created under the territorial organization, were still qualified to exercise the authority of their positions. At a meeting held at St. Paul in July, 1848, the citizens of that (then) village considered the question of the formation of a new territory. August 5, a meeting of citizens of the area west of the St. Croix was held at Stillwater, and it was decided to call a general convention at that place, Aug. 26, 1848, for a threefold purpose: 1 - To elect a territorial delegate to congress. 2 - ^To organize a territory with a name other than Wisconsin. 3 - ^To determine whether the laws and organization of the old Territory of Wisconsin were still in effect now that a part of that territory was organized as a state. In the call for this meeting the signers called themselves, '^We, the undersigned citizens of Minnesota Territory." The meeting was held pursuant to the call. Action was taken in regard to the first proposition by the election of H. H. Sibley, whg was authorized to proceed to Washington and use such efforts as were in his power to secure the organization of the Territory of Minnesota. In regard to the second proposition a memorial was addressed to the president of the United States, stating the reasons why the organization of Minnesota Territory was necessary. The third proposition presented technical points worthy of the attention of the wisest legal minds. The State of Wisconsin had been organized, but the Territory of Wisconsin had not been abolished. Was not, therefore, the territory still in existence, and did not its organization and its laws still prevail in the part of the territory that had not been included in the state ? If territorial government was still in existence, would it not give the residents thereof a better standing before the nation in their desire to create Minnesota Territory? Might not this technicality give the delegate a seat in Congress when otherwise he must, as simply the representative of an unorganized area, make his requests in the lobby and to the individual members? John Catlin, who had been secretary of the Territory of Wisconsin before the organization of that State, declared that the Territory still existed in the area not included in the organized State and that he was the acting governor. Accordingly, the people of the cut-off portion organized as the "Territory of Wisconsin," and named a day for the election of a delegate. In the closely contested election, held Oct. 30, 1848, Sibley won out against Henry M. Rice and accordingly made his way to Washington, technically from the "Territory of Wisconsin," actually as a representative of the proposed Territory of Minnesota. As a matter of fact, indeed, Sibley, living at Mendota, had ceased to be a citizen of the Territory of Wisconsin in 1838, when Iowa Territory was created, and was a resident of the part of Iowa Territory which the organization of the State of Iowa had left without a government, rather than of that territory in question (between the Mississippi and the St. Croix) , which the admission of Wisconsin as a state had left without a government. Sibley was, however, after much opposition, admitted to Congress and given a seat Jan. 15, 1849. He at once set about securing friends for the proposition to create Minnesota Territory. December 4, 1848, a few days previous to Sibley's admission to Congress, Stephen A. Douglas had announced that it was his intention to introduce anew a bill to establish the Territory of Minnesota. Like the previous attempt, this bill underwent various vicissitudes. As passed, March 3, 1849, the Act creating the Territory read as follows : "Be it enacted * * * That from and after the passage of this Act, all that part of the territory of the United States which lies within the following limits, to-wit : Beginning in the Mississippi River at a point where the line of 43"" and 30^ of north latitude crosses the same, thence running due West on said line, which is the northern boundary of the State of Iowa, to the Northwest comer of the said State of Iowa ; thence southerly along the western boundary of said State to the point where said boundary strikes the Missouri River ; thence up the middle of the main channel of the Missouri River to the mouth of the White Earth River ; thence up the middle of the main channel of the White Earth River to the boundary line between the possessions of the United Sates and Great Britain; thence East and South of East along the boundary line between the possessions of the United States and Great Britain to Lake Superior ; thence in a st.raight line to the northernmost point of the State of Wisconsin, in Lake Superior; thence along the western boundary of the State of Wisconsin to the Mississippi River ; thence down the main channel of said river to the place of beginning, and the same is hereby erected into a temporary government by the name of the Territory of Minnesota.''

The executive power of the Territory of Minnesota was vested in a governor (appointed of office was four years, unless sooner removed by the President) , who was also superintendent of Indian affairs. The legislative power was vested in a governor and a legislative assembly, consisting of a council of nine members, whose term of office was two years, and a house of representatives of 18 members, whose term of office was one year. It was provided that the number of members in the council and the house might be increased by the legislative assembly from time to time in proportion to the increase in population, but that the whole number should not exceed 15 councillors and 39 representatives. It was provided that the first election should be held at such time and place and be conducted in such manner as the Governor should appoint and direct, and that the persons thus elected to the legislative assembly should meet at such place and on such days as the Governor should appoint, but thereafter the time and place and manner of holding and conducting such elections by the people, and the apportioning the representatives in the several counties and districts, to the council and house of representatives, according to the population, should be prescribed by law, as well as the day of the regular sessions of the legislative assembly, but that no session should exceed 60 days.

Every white male inhabitant above the age of 21, who was a resident of the Territory at the time of the passage of the Act organizing the same, was entitled to vote and eligible to office at the first election. But the qualification of voters and of holding office and of holding office at all subsequent elections should be such as should be prescribed by the legislative assembly. It was provided by the Act that all laws passed by the legislative assembly should be submitted to Congress, and if disapproved by it, should be null and of no effect. The laws in force in the Territory of Wisconsin after the date of the admission of the State of Wisconsin were continued to be valid and in operation in the Territory of Minnesota so far as not incompatible ^ith the provisions of the act of organization of the Territory of Minnesota, subject to be altered, modified or repealed by the governor and legislative assembly of said territory. All justices of the peace, constables, sheriffs and all other judicial and ministerial officers who were in office within the limits of the Territory at the time the law organizing the Territory was approved were authorized and required to continue to exercise and perform the duties of their respective offices as officers of the Territory of Minnesota temporarily and until they, or others, should be appointed and qualified in the manner therein described or until their offices should be abolished. The Governor waa given the veto power, and the council and house could pass a bill over his veto by a two-thirds vote. The judicial power of the Territory was vested in a supreme court, district court, probate court, and justices of the peace. The supreme court consisted of a chief justice and two associate justices, appointed by the President, whose term of office was four years and whose salary was $1,800 a year.

The Territory was by the act of organization required to be divided into three judicial districts, and the district court to be held therein by one of the judges of the supreme court at such times and places as might be prescribed by law, and the judges thereof were required to reside in the districts assigned to them. The clerks of said courts were appointed by the judges thereof.

The United States officers of the Territory were a governor, secretary, chief justice, two associate justices, attorney and marshal, appointed by the president with the advice and consent of the senate of the United States. The governor received a salary of $1,500 a year as governor and $1,000 a year as superintendent of Indian affairs. The chief justice and associate justices and secretary received a salary of $1,800 a year, and the members of the legislative assembly $3 a day during their attendance

The people of the Territory of Minnesota were not long content with a territorial government. In the words of A. N. Winchell, "December 24, 1856, the delegate from the Territory of Minnesota introduced a bill to authorize the people of that Territory to form a constitution and State government. The bill limited the proposed State on the West by the Red River of the North and the Big Sioux River. It was referred to the committee on territories, of which Galusha A. Grow of Pennsylvania was chairman. January 31, 1857, the chairman reported a substitute, which differed from the original bill in no essential respect except in regard to the western boundary. The change there consisted in adopting a line through Traverse and Big Stone lakes, due south from the latter to the Iowa line. The altered boundary cut off a narrow strip of territory estimated by Mr. Grow to contain between 500 and 600 square miles. Today the strip contains such towns as Sioux Falls, Watertown and Brookings. The substitute had a stormy voyage through Congress, especially in the Senate, but finally completed the trip on February 25, 1857.

The enabling act, as passed and approved February 26, 1857, defined the boundaries of Minnesota as follows: "Be it enacted, * * * that the inhabitants of that portion of the Territorry of Minnesota which is embraced with the following limits, to-wit: Beginning at the point in the center of the main channel of the Red River of the North, where the boundary line between the United States and the British possessions crosses the same; thence up the main channel of said river to that of the Bois des Sioux River; thence (up) the main channel of said river to Lake Travers; thence up the center of said lake to the southern extremity thereof ; thence in a direct line to the head of Big Stone Lake ; thence through its center to its outlet; thence by a due south line to the north line of the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi River; thence up the main channel of said river and following the boundary line of the State of Wisconsin, until the same* intersects the St. Louis River ; thence down said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan until its intersects the dividing line between the United States and the British possessions ; thence up Pigeon River and following said dividing line to the place of beginning ; be and the same are hereby authorized to form for themselves a constitution and State government, by the name of the State of Minnesota, and to come into the Union on an equal footing with the original states, according to the federal constitution."

It will therefore be seen that the territorial claim of title to Houston county was first embraced in the papel grant to Spain, May 4, 1493. It was then included in the indefinite claims made by Spain to lands north and northwest of her settlements in Mexico, Florida and the West Indies ; by the English to lands west of their Atlantic coast settlements, and by the

French to lands south, west and southwest of their Canadian settlements. The first definite claim to territory now embracing Houston county was made by La Salle at the mouth of the Mississippi, March 8, 1682, in the name of the King of France, and the second (still more definite) by Perrot near the present site of Pepin, Minn., May 8, 1689. This was also a French claim. France remained in tacit authority until February 10, 1763, when, upon England's acknowledging the French authority to lands west of the Mississippi, France, by a previous secret agreement, turned her authority over to Spain. Oct. 1, 1800, Spain ceded the tract to France, but France did not take formal possession until Nov. 30, 1803, and almost immediately, Dec. 20, 1803, turned it over to the United States, the Americans having purchased it f rotti Napoleon, April 30 of that year.

March 26, 1804, the area that is now Houston county was included in Louisiana District, under the executive power of the officials of Indiana Territory, and so remained until March 3, 1805. From March 3, 1805, until June 4, 1814, it was a part of Louisiana Territory. From June 4, 1814, to* August 10, 1821, it was a part of Missouri Territory. From August 10, 1821, until June 28, 1834, it was outside the pale of all organized government, except that Congress had general Jurisdiction. From June 28, 1834, to April 20, 1836, it was a part of Michigan Territory. From April 20, 1836, to June 12, 1838, it was a part of Wisconsin Territory. From June 12, 1838, to December 28, 1846, it was a part of the Territory of Iowa, and was included in the boundaries at first proposed for the State of Iowa. From Dec. 28, 1846, to March 3, 1849, it was again without territorial affiliation. From March 3, 1849, to May 11, 1858, it was a part of Minne^ sota Territory and on the latter date became an integral part of that Sovereign State.