357H Coneruss,? HOUSE OF REPRESENTATIVES. Report.

1st Session. No. 435.

Soon e r .

MINNESOTA TERRITORY ELECTION C A S E . °

M a y 29, 1858.
? ? ?

Mr. Tuomas L H a r r i s , from the Committee of Elections, eubmitted

.
the following | I

REPORT.
?
T h e Committee o f Elections, to whom were referred the resolution.of the
- House o f Representatives? directing an i n q u i r y into the r i g h t o f W.
W. K i n g s b u r y to a seat i n the House o f Representatives as a delegate
i. ?from that portion o f the T e r r i t o r y o f Minnesota not included w i t h i n
the l i m i t s o f the State o f Minnesota ; a n d the memorial o f Alpheus G.
- F u l l e r , requesting to be admitted to a seati n the ?House o f Represen-:
? tatives as a delegate f r o m the Territoy of D a k o t a ; and a certificate
_

f r o m certain officers o f M i d w a y county, i n t h e T e r r i t o r y o f D a k o t a ,

- o f the election o f s a i d F u l l e r as such delegate, respectfully report :

T h a t by the act o f Congress approved March 3, 1849, e n t i t l e d ?* A m

act t o establish the t e r r i t o r i a l government of Minnesota,?? the b o u n - -
daries o f said T e r r i t o r y were defined and fixed as follows : ss
?? B e g i n n i n g i n the Mississippi r i v e r , at the p o i n t where the l i n e o f ?
-
f o r t y - t h r e e degrees a n d t h i r t y m i n u t e s of n o r t h l a t i t u d e crosses the--
?same; thence r u n n i n g d u e west o n said line, w h i c h is the n o r t h e r n. 7
b o u n d a r y of the State of I o w a , to the northwest c o r n e r o f the said. 4

State o f l o w a ; thence southerly along t h e western b o u n d a r y o f said .

?State t o the p o i n t where s a i d b o u n d a r y strikes the Missouri r i v e r ;_.

t h e n c e u p the m i d d l e of the m a i n channel o f the M i s s o u r i r i v e r t o the-

mouth? o f the W h i t e E a r t h r i v e r ; thence up the middle o f the main.
channel o f t h e W h i t e E a r t h r i v e r t o the boundary l i n e between the-
3 possessions o f the U n i t e d States and Great B r i t a i n ; thence east and?
.
south of east a l o n g the boundary line between the possessions o f t h e
U n i t e d States and Great B r i t a i n to L a k e Superior ; thence i n a s t r a i g h t
l i n e to the northernmost p o i n t of the State o f Wisconsin, i n L a k e
S u p e r i o ;r thence a l o n g the western b o u n d a r y l i n e o f said. S t a t e o f ,

-
W i s c o n s i n to the M i s s i s s i p p i : r i v e r; thence down, the m a i n channel o f are

i said r i v e r t o t h e place o f b e g i n n i n g . = N s ,
??

* ?The f o u r t e e n t h section o f said act provides, ?? T h a t a delegate t o the

House o f Representatives of the U n i t e d States, to serve f o r the t e r m o f
pf t w o y e a r s , m a y be elected by the voters q u a l i f i e d to elect members ?of
vid the l e g i s l a t i v e assembly, w h o s h a l l be entitled to the same r i g h t s a n d
: hb . ,

! wd o e - | :
- ?

- oe
( a moe, a
 2 M I N N E S O T A T E R R I T O R Y E L E C T I O N CASE,
as are exercised
Pprivileges
ri exert and enjoyed
Jay byy the dele gates from the
Repesntaten o f the U n i t e d States to the said House o f
_ Under this provision the Territory af Minnesota has beeu, wi
i n t e r r u p t i o n , recognized in the House o f Representatives M a c h e n
elected in c o n f o r m i t y w i t h law. It f u r t h e r appears t h a t Wm. W K i n
a a a re g u l a r l y elected on the 13th day o f O c t o b e r , 1857 ?as such
e] e, and, i n that capacity, was, at the opening the present sessi
Coneress, admitted to, aud? has held, a seat i n t F i o n a asgion of
sentatives u n t i l the passage of thea c t o f M a y , T a e . a e edunetion
of the State of Minnesota into the U n i o n , when his r i g h t to retain i t
was b r o u g h t i n question. Of the l e g a l i t y of the election of M r K i n i e
b u r y as the delegate from the T e r r i t o r y of Minnesota, there seem t o
b e no d o u b t : w h i n e , a h i s credentials, signed by Governor Medary
yt h e seal of the
Territory, is appende is
The n u m b e r of i n h e b i t a n t s i n the T e r r i t o r y not e l u d e d eet h thounds
of the State is not very c l e a r l y settled, but, as far as can be learned,
i t amounts to several thousands, and is said to be r a p i d l y increasing.
T h e r e w e r e five counties established by law, aud two o f t h e mf u l l y
organized, with the proper officers for regular m u n i c i p a l government,
B y the act of Congress approved F e b r u a r y 26, 1857. ? 0 a u t h o r i z e
the people o f the T e r r i t o r y o f Minnesota to forin ac o n s t i t u t i o n and
S t a t e government p r e p a r a t o r y to t h e i r admission into the U n i o n on
an equal f o o t i n g w i t h the o r i g i n a l States,? the boundaries o f the State
were l i m i t e d upon the west by the l i n c of the Red River o f the N o r t h
the Bois des Sioux, the centre o f L a k e Traverse, a direct l i n e from the
southern e x t r e m i t y of Lake Traverse to the head of B i g Stone lake
the centre o f B i g Stone lake to its o u t l e ;t thence, by a due south line,
to t h e State o f l o w a , T h e inhabitants of all that portion o f the ori sie
nal T e r r i t o r y of Minnesota cust o f this l i n e were by this act ? a u t h o r :
ized to form for themselves a constitution and State government by the
n a m eo f theS t a t e o f Minnesota, and to come i n t o the U n i o n a an
e q u a l footing w i t h the o r i g i n a l States, according to the federal Consti-
?tation,?? a n d t h e question is presented, Does the admission into the
U n i o n of a State formed out of a p a r t o f the o r i g i n a l T e r r i t o r y of M i n -
nesota annult h e e l e c t i o n o f the delegate, repeal, or set aside the law
-ereating the T e r r i t o r y , and a l l other laws ; deprive the people i n h a b i t -
ing t h a t p a ro tf the T e r r i t o r y not included i n the l i m i t s of the new
State o f the r i g h t or p r i v i l e g e o f being heard i n t h e House o f R e p r e -
sentatives by an agent or d e l e g a t e; substitute anarchy for a govern-
m e n io f l a w , and resolve society i n t o its o r i g i n a l elements? Such i s not
t h e o p i n i o n o f y o u r committee. T h e r e is n o t h i n g in t h e act a u t h o r -
i z i n g the people of Minnesota to form a constitution aud State govern-
ment, nor i n the act for the admission o f the State o f Minnesota into
the U n i o n , w h i c h repeals i n anywise the l a w creating the Territory,
or deprives the people i n h a b i t i n g t h a t p a r t not included in the new
State of a n y r i g h t s or p r i v i l e g e s to which they were entitled under
any laws existing at the t i m e o f the admission o f t h a t State. I t mat-
ters notw h e t h e r one State o r h a l f a dozen have been carved out o f au
organized T e r r i t o r y ; i f a p o r t i o n remaina, a n d , more especially,i f in-
habited, and counties and towns, w i t h t h e i r corporate governments,
MINNESOTA T E R R I T O R Y E L E C T I O N CASE. 8
e x i t , created by law, i t would seem to be a most v i o l e n t preauntption
to hold t h a t they became ¢o instante upon the admission of the State 8
distranchised p e o p l e ? a mere mob o r rabble, The fact t h a t t h e a d m i t t e d
State bears the same n a t e as the T e r r i t o r y may lead to some confu-
sion o f ideas, but i t does not alter the fact. The existence o f the State
se
o f Minnesota dova not destroy the existenceo f the Z e r r i t o r y of M i n n e -
sota, nor deprive the inhnbitanta of such T e r r i t o r y of any of t h e i r
rights, No such result can be by implication. T h e t e r r i t o r i a l l a w
must be repealed bofure such consequences could follow, and even then
& grave question would arise here how far euch repeal could operate
upon the rights of the people.
Theso views and conclusiona are not w i t h o u t precedent, By the act
of Congress of M a y 1, 1802, the State o f Ohio was authorized to form
a constitution and enter the U n i o n . On the 6th o f Decemberf o l l o w -
re
ing, a question o f the r i g h t of M r . Paul F e a r i n g , w h o had been
elected before the passage of the act o f May 1, 1802, a delegate t o
Congress trom the T e r r i t o r y o f the U n i t e d States N o r t h w e s t o f t h e
River Ohio, took his seat in the House of Representatives. On t h e
24th day of January, 1803, a resolution was introduced d e c l a r i n g
that, inasmuch as Paul Fearing had been elected by the latet e r r i t o -
r i a l government of the T e r r i t o r y Northwest of the River Ohio, he
waa no longer entitled to a seat in the House. This resolution was
referred to the Committee of? Elections, and they reported i n favor o f
his retaining his sent, and he was retained by the House. T h i s case
seems d i r e c t l y i n point.
The caso o f H e n r y H . Sibley, i u 1 8 4 8 - 4 9 , a delegate f r o m t h e
T e r r i t o r y o f Wiscousin, is s i m i l a r i n character to t h a t under consid-
eration, He was elected asa delegate from the T e r r i t o r y of W i s c o n s i n
after the State of Wisconsin had been admitted into the U n i o n , He
was elected from t h a t portion of the original T e r r i t o r y o f W i s c o n s i n
not included w i t h i n the boundaries of the State.
The quostion as to his r i g h t to a seat was raised a n d referred to the
Committee of Elections, who reported i n hie favor, and the House, by
a vote o f 124 to 62, gave h i m his seat. These precedents, Dased, as
they sre, upon the soundest reason, aeem conclusive o f t h e case, a n d
e s t a b l i s h t h e r i g h t o f M r . K i n g e b u r y to his seat as the delegate i n
t h i s House from the T e r r i t o r y of Minnesota.
Having arrived at t h i s conclusion, i t seems to dispose o f the ques-
t i o n involved i n the memorial o f M r . A. J . F u l l e r and his certificate
o f election under the handa o f the county officers o f M i d w a y county, i n
the T e r r i t o r y of Dakota, T h e r e is no T e r r i t o r y o f Dakota, k n o w n
to y o u r committee, which is authorized to elect a delegate to t h e
Honse of Representatives. I t is also conceded by M r . F u l l e r t h a t thia
go-called ? T e r r i t o r y of Dakota?? is the same geographical area as
t h a t portion of the T e r r i t o r y o f Minnesota not included w i t h i n t h e
limita o f the State of Minnesota. I n other worda, the so-called ??Ter~
t i t o r y of Dakota?? is the T e r r i t o r y o f Minnesota, t h e delegate f r o m
which Territory is already recognized i n the person of W i l l i a m W .
Kingsbury, The committes are informed, on w h a t they consider
§ a u t h o r i t y , t h a t on the 18th o f October last, at t h e election f o r
lelegate to Congress, the people of thia so-called Territory of Dakota,
 4 MINNESOTA TERRITORY E L E C T I O N CASE,
f them, d i d vote f o r M r , K i n g s b u r y f o r t h e i r d e l e g a t e , a n d
t h e y eo c l a i mh i m to be,n o t w i t h s t a n d i n g : t h e a d m i s s i o n o f ?theS t a t e
of Minnesota into the Union. T h e c o m m i t t e e a p p e n d t ot h i s r e p o r t a
copy o f M r . F u l l e r ? s c e r t i f i c a t e a n d m e m o r i a l , b u t t h e yd i s c e r n n o t h -
i n g i n t h e m to a u t h o r i z e o r r e n d e r e x p e d i e n t h i s a d m i s s i o n t o a seat
i n t h i s House.
The committee submit to the House, for adoption, the f o l l o w i n g
resolutions :
Resolved, That W i l l i a m W . K i n g s b u r y be allowed to retain his
seat in the House o f Representatives as a delegate from the T e r r i t o r y
of Minnesota.
Resolved, That the Committee of Elections be discharged from the
further consideration of the memorial of Alpheus J . F u l l e r , asking to
be admitted to a seat i n the House of Representatives from the T e r r i -
tory of Dakota. .
E X H I B I T I.
E x e c u t i v e Orriczk, M i n n e s o t a ,
S t , P a u l , D e c e m b e r 4, 1 8 6 7 .
I, Samuel Medary, governor o f the T e r r i t o r y of Minnesota, hereby
certify that, at an election held i n the T e r r i t o r y o f Minnesota on the
13th day of October, 1857, W m . W . K i n g s b u r y received the highest
number of votes cast for t e r r i t o r i a l delegate to Congress, and, having
received a majority of all the votes so cast at said election for sai
office, was decided by the board of canvassers d u l y elected as delegate
t oC o n g r e s s from the T e r r i t o r y of Minnesota, and entitled to his seat
as such,
[The great Seal of In testimony wereof, I have hereunto set m y hand and
Minnesota?1849. J caused to be affixed the seal of the T e r r i t o r y , this
4th day o f December, 1857.
8. M E D A R Y , Governor. .
EXHIBIT II.
Ovrice or Recisrer or Dexps,
M i d w a y county, Dakota Territory.
A t an election held i n the several precincts i n the counties o f M i d -
way, B i g Sioux, Pipe-stone, Rock, and in Pembina, on the 13th day
o f October, A . D . 1857, in pursuance of public notice thereof, for the
election of a suitable person as delegate to Congress to represent
t h a t portion o f the former T e r r i t o r y of Minnesota n o t included i n the
lines of the State o f Minnesota, returns of the several precincta i n said
counties were made to the register of deeds of M i d w a y , the senior
county, and was canvassed by the register o f deeds i n the presence o f
the county commissioners and sheriff of said county, and W i l l i a m
s a m e voters, a t the same time and places, to represent them after said
E. Brown, register of deeds and clerk of board o f county commis-
MINNESOTA TERRITORY ELECTION CASE. 5
sionera, and D, F . Brawley, chairman o f said board of commissioners,
and A n d r e w J. W h i t n e y , sheriff of said county of M i d w a y , do c e r t i f y
that, upon the canvass of all the votes polled a t said election i n t h e
several precincts i n the counties of M i d w a y , B i g Sioux, Pipe-stone,
Rock, and Pembina, Alpheus G. F u l l e r received a m a j o r i t y o f said
votes, and was d u l y elected a delegate to Congress to represent t h a t
portion of the former T e r r i t o r y o f Minnesota not included in the State
of Minnesota.
I n witness whereof, we haveh e r e u n t o affixed o u r hands andit h e seal o f
ieione
idway county, at Medary, the county
{Beal ofD a k o T e a l e m e o n ? seat of Midway, this 23d day o f No-
Midway county.) vember, A. D. 1854,
W I L L I A M E. B R O W N ,
Register o f Deeds.
D . F. B R A W L E Y ,
Chairman B o a r d o f County Commissioners.
A . J. W H I T N E Y ,
S h e r i f f o f M i d w a y County.
E X H I B I T III.
To the honorable the House o f Representatives of the United States:
The memorial of the undersigned would respectfully represent to
your honorable body, t h a t he has been selected by the citizens o f t h a t
ortion of the former t e r r i t o r y of Minnesota not included w i t h i n the
E m i t s of the State of Minnesota, known as the T e r r i t o r y o f Dakota, ag
delegate or agent of said citizens to the House of Representatives o f
the U n i t e d States, and presents the f o l l o w i n g statement relative there-
to for your c o n s i d e r a t i o:n
The legislative assembly o f the T e r r i t o r y of Minnesota, at its session
i n May, 1857, enacted laws resulting i n the apportionment of t h a t
Portion o f the T e r r i t o r y w i t h i n the limite o f a proposed State, i n t o
istricts, preparatory to the election o f a new legislative assembly a t
the then ensuing fall election, which election took place ou the 13th
day of October last.
B y thie apportionment those persons residing outside said proposed
State limits were not permittedt o participate i n said election for mem-
bers to compose said legislative assembly. Section 14 of the act o r -
g a n i z i n g the T e r r i t o r y o f Minnesota, approved March 3, 1849, pro-
vides that a delegate to the House of Representatives of the U n i t e d
States may be elected by the voters qualified to elect members of t h e
legislative assumbly, & c .
A n election was held under t h i s provision of the o r g a n i c act, i n
w h i c h citizens residing w i t h o u t the Fimits of the apportionment did
n o t participate. I n addition to the eluction of a delegate, by the vo-
ters of the proposed State, to represent them u n t i l the admission
thereof into the Union, members o f Congress were also elected by the
admission,
@ WENNEROTA TRARITORY BLEOTION O n a
WEERRIOATA TERRITORY ELECTION G a s s , t

?The oticena reshting without a t Wrpered State lienita, wow getters

W r porting of the p a l l i c dhanaia auhion only t r f i t i r e legislation of
Qansiver-all tertuioral lawe awd oft nee being a b r o g a t a h ? d e a m e d i ft
a y N m a t withowt the Sire of dase, bat on the inherent principle o f
eeltg o v e r m e n t aint protectiow, to wend adtlogate to the H o u of Mr. Groen, fron the Comaltiee of Beating, eabwated the
Reyavewttatives who war k i a ty be lentifiod with Ureir iuterveta, . . Mowing
Wedeering ( a u r e a , fe Tre disoretion, had the power f adiait amt res
N v i e e a h iviegate, Thangh clectad hy ¢ people resident of an W o r VIRWS OF A M I N O R I T Y O F T H E C O M M I T T E E ,
g e n i a l p o r t a of the p a l l y domain. This pegple n u b e r a g f y
tea ty Riteon thotanmd, are settled priecipally in. the eastern portion
af w i l D a r t o r y , B i t e caw o f W W . w a ecdadns te t hakp o r t i ooF
n
W i r h i a thev a l l e y a f the Riz Shoax r e e r lange eetthemente hare Rowrwnrnawat deeded ie a Ureareea a n e c r o am ala
Sprang (ety ertetenve a i t Ae m a g e and arate teenty miles oan be Bin held om the USA oF Obvadon USNR, M y mydirangmad, a p a r yf t ee
Rawrved on He hanks without parang a compact eettlenrent, e , cond repaintthe Faces te. de a d f o l e w n t
Commeee o f Bt b e c t t a n and
Nee atewm engine be already at work there: the N a c k m i t h , aah
ter, Waenn, Wind Various uther Inechanivg, are at their daily arooe ?Tee terriorial act i n c h e d a harget apace,| T h e enabling ant
@ientel the Perritary Tats Ge partes URAL R A Baste Ue ROT ek

west the wesvhant har there digplamal Me stock of menchamdiee} State. amd Uke Adame that bid Me. Ringsdhare moe N i e
h e Rewer, w i h his prwirée team, ie Wuieile engaged tacnlng the broad I e
Marte, preparing the wail ty reveive the aved. Teeeat ana delegata Mr. R i g g e r ean e c t e Re d the, wah
T h e Tage eeevente are delvg made, ated wot the beast ahadow o f e n t tn the w u s ofthe State aint A t e ealhera : thease mwah in
?

Wwe te protect howe weho are making them, Ralamy af the Territory, catiide the praponnd State Riedy, pet belag
B a t y auaticg, whidd onwe formed a partion of Mivmeenta, ate Bow alhvwed by bawt e wote ta Ais cheatin, .
Aeetitate of have,
©

Om the e a l TSRd a t o f O a t h , INIT. the Teeleat byt h e

?Theor, arbted t e t h e f a c t ehat t h e r a r e a n the extreme froaties,
g e e i t reRingetany eeF d abecee

+) wUke
w h a l eSETSv a t e wad Shave Ravlte b ecr
RE ,
rowanked with Rande of b c t i l e m a g e s , daily exposed te Ghai predas g e oe the e n e
v,
a r y excersivan, are acne of the renaues which ladiced Ghose eattlers
JB eepATAR e l e c t Rar t Nee wand e l y A. GQ. Flallve thredt: dekes
& a te here ty request aad that, after the adimimion u f
h e Stata, whieh aaistared the Lact legal Ge which onamectad them with, ee
te inne toned yeneey ty aed M e i g e n Us x aa SE
Rive acecd emt
Biwamea. R a i d s , onUne heart you c o l d do tor them, ackeowhedge
Livaita
fhe whabltaate acta @
within the Shan. S
Oh

r e i r hehagate, amd give thom an ondinary territorial gavenmment,

Veay teqpecttally, S e t i 1 ot the act otgaatsing the Raneltory of Minseanta,a r
a4. GQ FULLER, preeal M a r i 3, 1 k preaiee (kal a delegate 8 the Howea f Regs
Teacwtalivve of Che Uaiied States wag be ebeoted Be the voters q u a l
fred t e Geet rember of the bghibative a m e t The ebeotian B t
Qucetwet, Sate others, wweaabers olf a n e e a d reprvmetaaine,
2 well as Avlegates, was cantar? Qs Uke toners Within the Reale at
the proaywrent Gate Nepolls ware apraed Ret teas elections t a t h e

P X e+t e fat
be d aa n topet? o t i c a e AE, AE
t jn tThad Ww R a g a s |
teehtent of Ube Treritary whisk be meet chalws fe represent, N a t n e
&
s i txe k ste Maui o f whe h a n w h e m a a h a n se l e elected
ne t a t e s B o m
iw, that We receded te o tt h e Rerrktare
wiv ha Mate p e r s a t the m e r
Te t w i t h e ard awd
report, t e a t ¢ p e o p l er e e d t i a ga n t o f t h e
V a a l : a f ube progrend State atten bel wparwihl. La anticination a f
© aeparate tectitueal orgwsisation D t t h e aRNANAg . Wades
t h e w e e wane af Dakwna. B o h l a n e l v o t Q i nt a
n S e g a ot net k e B A
et Usivder, AL DO I S T . an mated ia Uke wemonial o f A L G Bathe,
when Ure walt A Q . Balke n o t e d & large wajerity o f the
asters Teahteat Dy the sand T o r c h e , a n db e b o s the Beate x
P r e r e t w h i k the prenent lang <A
h g P u r i n e Wet n e Tere
WAL antatt t s wad, aonanting dhe precedent da t h e conea f M . A ,
8 MINNESOTA TERRITORY ELECTION CASE.

Sibley, from Wisconsin, would be entitled to his seat as a delegate

representing the resident citizens on the remaining Territory, who
voted for him, and who were not by law allowed to vote for or against
W . W . Kingsbury. :

W e present for the approval o f the House the f o l l o w i n g r e s o l u t i o n:s

Resolved, T h a t W . K i n g s b u r y is: n o t e n t i t l e d l o n g e r t o r e t a i n
W.

a seat i n t h i s House as a delegate f r o m the T e r r i t o r y o f Minnesota. °

Resolved, T h a t A . G. F u l l e r be allowed to qualify and take a seat

i n this House as a delegate from the said Territory without the limits
of the State of Minnesota,
JAMES WILSON,
EZRA CLARK, Jr.;
| J O H N A. GILMER...
M a y 31, 1858.