Redwood County, Minnesota - Chapter 15: County Organization, 1916

Alexander Ramsey, the first territorial governor of Minnesota, arrived at St. Paul with his family May 27, 1849. June 1, 1849, he issued a proclamation declaring the territory duly organized. June 11 a second proclamation was issued, dividing the territory into three temporary judicial districts. The first comprised the county of St. Croix. The county of La Pointe and the region north and west of the Mississippi and north of the Minnesota and of a line running due west from the headwaters of the Minnesota to the Missouri river, constituted the second. The country west of the Mississippi and south of the Minnesota formed the third district. Judge Goodrich was assigned to the first, Judge Meeker to the second, and Judge Cooper to the third. A court was ordered to be held at Stillwater on the second Monday, at the Falls of St. Anthony on the third, and at Mendota on the fourth Monday of August. Redwood county was included in the third district, with Judge David Cooper on the bench.

Until June 26 Governor Ramsey and family had been guests of Hon. H. H. Sibley, at Mendota. On the afternoon of that day they arrived at St. Paul in a birch-bark canoe and became permanent residents at the capital. On July 1 a land office was established at Stillwater, and A. Van Vorhees, after a few weeks, became the registrar.

On July 7 a proclamation was issued, dividing the territory into seven council districts, and ordering an election to be held on the first day of August, for one delegate to represent the people in the House of Representatives of the United States, for nine councillors and eighteen representatives, to constitute the Legislative Assembly of Minnesota. Renville county was included in the seventh district.

Original Counties. The first territorial legislature assembled September 3, 1849, and adjourned November 1. By an act approved October 27, 1849, the territory was divided into nine counties : Washington, Ramsey, Benton, Itasca, Wabashaw, Dakotah, Wahnahta, Mahkahto and Pembina. Only the counties of Washington, Ramsey and Benton were fully organized for all county purposes. The others were organized only for the purpose of the appointment of justices of the peace, constables and such other judicial and ministerial offices as might be specially provided for. They were entitled to any number of justices of the peace and constables, not exceeding six, to be appointed by the governor, their term of office was to be two

Wabashaw. Wabashaw county, as "erected" by the act of October 27, 1849, comprised practically all of the southern part of the present state of Minnesota. Its northern boundary was the parallel running through a point on the Mississippi opposite the mouth of the St. Croix, and a point a trifle north of the mouth of the Yellow Medicine river ; the southern boundary was the Iowa line ; its eastern, the Mississippi ; and its western the Missouri; and it also included the big peninsula between the Missouri and the Big Sioux rivers, and all of what is at present southeastern South Dakota. This embraced the present Redwood county.

Itasca and "Wabashaw were attached to Washington county, the three counties being constituted the Second judicial district, with Hon. David Cooper on the bench.

Dakotah. Dakotah county was also "erected" by the act of October 27, 1849. Its eastern boundary was the Mississippi, its northern boundary was a line drawn due west from the mouth of the Clearwater river, its southern boundary was a line drawn due west from a point on the Mississippi opposite the mouth of the St. Croix, while the western boundary was the Missouri river. Dakotah county did not at that time include Redwood county.

The legislature of 1851, by Chapter I of the Revised Statutes, passed January 1, divided the territory into Benton, Dakota, Itasca, Cass, Pembina, Ramsey, Washington, Chisago and Wabashaw counties and defines their borders.

Dakota (the final "h" having been dropped) county was made to consist of all that part of the territory west of the Mississippi river and lying west of a line drawn due south from Medicine Bottle's village at the Pine Bend of the Mississippi river (between the present cities of South St. Paul and Hastings) and south of a line beginning at the mouth of the Crow river (emptying into the Mississippi between Hennepin and Wright counties), and up that river and the north branch thereof to its source, and thence due west to the Missouri river. Under this revision, Dakota county embraced all of the present Redwood county. Dakota county was attached to Ramsey county for judicial purposes.

Blue Earth. By an act passed March 5, 1853 (Hennepin county having been established March 6. 1852), the legislature organized the counties of Dakota, Goodhue, Wabasha, Fillmore, Scott, Le Sueur, Rice, Blue Earth, Sibley, Nicollet and Pierce. All the land south of the Minnesota not included in the other counties was created as Blue Enrth county. The eastern line of Blue Earth county was practically the line between Ranges 22 and 23, crossing what are now Freeborn and Waseca counties. The northern boundary was the Minnesota river and an irregular line coinciding somewhat loosely with the present southern boundary of Le Sueur county. The southern and western boundaries were the southern and western boundaries of the territory. Thus Blue Earth county then included what is now the western part of Freeborn and Waseca counties and possibly small portions of what is now Le Sueur county, as all of what are now Redwood, Lac qui Parle, Yellow Medicine, Lincoln, Pipestone, Rock, Lyon, Murray, Nobles, Cottonwood, Jackson, Watowan, Brown, Martin, Blue Earth and Faribault counties, as well as land to the westward outside of the present state. Under this act. Blue Earth was constituted a fully organized county.

Brown. February 20, 1855, the legislature passed an act defining the boundaries of the following counties : Olmsted, Dodge, Mower, Freeborn, Blue Earth, Faribault, Steele, Rice, Dakota, Scott, Le Sueur, Nicollet, Sibley, Carver, Renville, Davis, Wright, Stearns, Brown, Goodhue, Newton, Benton, Wabasha, Fillmore, Hennepin, Pierce, St. Louis and Todd. Brown county, as constituted by this act, had for its eastern boundary the line between Ranges 29 and 30, from the Minnesota river to the Iowa boundary. Its northern boundary was the Minnesota river, its southern and western boundaries the southern and western boundaries of the territory. The western line of Blue Earth county was located as at present. The western line of Faribault county was six miles further west than at present. Brown county as constituted by this act included the present Redwood county. February 11, 1856, Brown county was declared a fully organized county, with the county seat at New Ulm.

Renville. When Renville county was created February 20, 1855, it did not take in any of the present Redwood county. However, by an act approved March 8, 1860, an entirely new Renville county was proposed. The act read as follows:

"Section 1. That the upper and lower Sioux reservations as denned by the government survey made by 'Sevan & Hutton,' except so much thereof as lies east of Range thirty-four (34) and south of the Minnesota river, be and the same are hereby attached to and become a part of the county of Renville.

"Section 2. At the general election it shall be competent for the legal voters in the said county of Renville to elect all V county officers, justices of the peace and constables, as : . county may be entitled to by law, which officers shall qua ^y and enter upon the duties of their office at the time, and in lie manner prescribed by law.

"Section 3. It shall be the duty of the first board of county commissioners which shall be elected in pursuance of this act, as soon after said board shall have been elected and qualified according to law, as the said board or a majority thereof shall determine, to locate the county seat of said county to all intents and purposes until otherwise provided by law.

"Section 4. The county of Renville is hereby attached to the county of Nicollet, for judicial purposes, until the county officers of said county shall have been elected and qualified as contemplated by this act.

"Section 5. That from and after the election and qualification of the county officers of Renville county as aforesaid the said county shall be included in the Sixth judicial district.

"Section 6. The change in the county lines of Renville county as provided for in section one of this act shall be submitted to the electors of the counties affected by said change at the next general election for their approval or rejection.

Shortly after this, Renville county was organized, the county seat established at Beaver Falls, and a set of officers is believed to have been elected. The organization was swept away by the massacre.

The upper and lower reservations consisted of a strip of land twenty miles in width, ten miles on each side of the Minnesota river extending from the mouth of the Little Rock (Mud) creek in the western part of Nicollet county to the south end of Lake Traverse, thus taking in a small part of what is now South Dakota. Renville county as constituted by the act of 1860 took in all this strip except that part of it which is now included in Brown county. That part of Redwood county lying in what was originally the reservation strip, was therefore by this act, tentatively included in Renville county. The remainder continued for the time being as a part of Brown county.

Redwood. Redwood county was established by act of the legislature approved February 6, 1862. At that time Brown county was established with the present boundaries of that county with the exception of Townships 108 and 109, Ranges 34 and 35. Section 2 provided that all parts of the old Brown county not included in the new Brown county should constitute Redwood county.

By this act, Redwood county consisted, tentatively, of a large tv' \ bounded on the east by the range line between Ranges 33 34, from the Township line between Townships 108 and 109. OiMhe south it was bounded by the Township line between Townships 108 and 109 from the Range line between Ranges 33 and 34 westward to the state line. On the west the boundary was the state line running from the Township line between Townships 108 and 109 north to Big Stone lake. The other boundary was the Minnesota river. As created at that time, consequently Redwood county contained all of the. present counties of Lac qui Parle, Yellow Medicine, Lincoln, Lyon and Redwood counties, and Township 109, Ranges 34 and 35 in what is now Brown county.

Previous to the presidential election of 1864 the pioneers of Redwood Palls petitioned Governor Miller for the establishment of an election district, in pursuance of which the governor set off the whole created county, then including the present county with Lyon, Lincoln, Yellow Medicine and Lac qui Parle counties, and two townships in Brown county as such district. The election of 1864 was held at the house of J. S. G. Honner inside the stockade; the election board being 0. C. Martin, T. W. Caster and Ed. McCormick. In reference to the election, Col. Mc- Phail says: "We cast 65 votes, all straight Republican; no intimidation, no bull-dozing." The 65 votes is somewhat problematical, as the roster does not show that number of permanent settlers at that time.

It was under the authority of this act that the people of all unorganized areas in the county continued to vote in Redwood Falls for fifteen years or more after the county was in full operation.

Not only did the people of the county hold a presidential election in the fall of 1864, but they likewise elected county officers, an act which later had to be legalized, for, though the county had previously been created, its creation had not been confirmed, and no election of county officers had been ordered.

As approved by an act of the legislature (Chapter LXX), March 4, 1864, the line between Sections 35 and- 36, from the Township line between 107 and 108, northward to the Minnesota river, was constituted the west boundary of Brown county, subject to the approval of the voters. This would have given to Brown county, the townships now in Redwood county, lying east of a line drawn north and south through Redwood Falls. The proposition, however, never went into effect.

February 23, 1865, the legislature (Laws of 1865, Chapter 71), passed "An act to change and define the boundary lines of Redwood county and adjoining counties, and to organize Redwood county." It established the boundary lines of Cottonwood and Brown counties as at present, subject to the approval of the voters. The boundary lines of Redwood county were also established, subject to the approval of the voters as follows:

"Beginning at the intersection of the middle line of the Minnesota river and the range line between Ranges 33 and 34; thence in a northwestwardly direction on the middle line of the main channel of the Minnesota river to the western boundary of the state of Minnesota; thence in a southerly direction on the western boundary of the state to the Township line between

Townships 108 and 109 ; thence east on said line to the Range line between Ranges 35 and 36 ; thence north on said line to the Township line between Townships 109 and 110; thence east on said line to the Range line between Ranges 33 and 34; thence north on said line to the place of beginning."

By this act the lines between Redwood county, and Brown and Cottonwood counties were established as at present. Redwood county also took in all the present counties of Lyon, Lincoln, Yellow Medicine and Lac qui Parle counties.

Section 7 read: "The county of Redwood is hereby declared an organized county, and the county seat thereof temporarily located at Redwood Falls; the last election of county officers for Redwood county held at the election precinct of Redwood Falls is hereby confirmed and ratified; and said officers until their successors are elected and qualified, shall have full power and authority to do and perform all the acts and duties of their respective offices within the limits of Redwood county as defined in section one of this act which the officers of other organized counties can do and perform within their respective counties."

The first regular election was held in November, 1865, and the location of the county seat at Redwood Falls confirmed, as well as a set of officers elected.

This legislative act of February 23, 1865, having been duly ratified by popular vote, the boundaries thereof were the legal boundaries of Redwood county at the time of the passage of the General Statutes of 1866, Chapter 8, by Section 55 of which Townships 109-34 and 109-35 were transferred from Brown to Redwood counties. But this change in the lines of the counties was not submitted to popular vote, as required by the Constitution, Art. II, Section 1, in the case of organized counties, and consequently the Section 55 in question never became a law and the boundaries remained as established by the act of 1865.

But acting under the authority of the Revised Statutes of 1866, and without waiting for a popular vote, the county commissioners of Redwood county notified the people of Township 109, Ranges 34 and 35, on September 8, 1869, that they were a part of Redwood county. A bill for expenses during the time when the two townships were so considered was afterward presented to Brown county. Another attempt was later made to include these two townships in Redwood county.

By an act approved March 6, 1871, the people of Brown, Cottonwood and Redwood counties were authorized to vote on the subject of detaching Township 108, Ranges 34 and 35 from Brown and attaching it to Cottonwood ; and detaching Township 109, Ranges 34 and 35 from Brown and attaching same to Redwood. Redwood county voted in favor of the proposition in

November, 1871. But the proposition was defeated by the vote in Brown county. According to the New Ulm Plaindealer for November 17, 1871, the vote in that county was 307 votes for the proposition, and 748 against it.

Lyon county was created March 2, 1869. It then included Lincoln county. Lac qui Parle and Yellow Medicine counties were created March 6, 1871. Yellow Medicine continued to be attached to Redwood county for judicial purposes only, until February 25, 1874.

Chapter 175, Special Laws of 1872, passed February 27, 1872, provided that "All taxes hitherto assessed on real or personal property within the limits of Yellow Medicine county before the boundaries thereto were established by Chapter 98 of the General Laws of 1871 and now delinquent or which may hereafter become delinquent, shall be paid to the treasurer of that county." Redwood county refused to make this payment and suit was brought. The act was declared illegal, on the ground that the delinquent taxes were due to Redwood county because the expenses of the period for which the taxes were delinquent had been incurred in behalf of the part set off as Yellow Medicine as much as in behalf of the part which was retained in Redwood county. The delinquent taxes were subsequently collected by the officials of Yellow Medicine county and turned over to Redwood county.

McPhail county as approved by an act of the legislature March 1, 1866, took in a tract bounded on the north by the Minnesota river, on the west by the Dakota boundary, on the south by the present southern boundary of Lyon and Lincoln county, and on the east by the Range line between Ranges 39 and 40, from the Township line between Townships 108 and 109, north to the Minnesota river. This county was never organized and Redwood continued as before.