visions of the enabling act of
congress, an election was held on the first Monday in June for delegates
to a constitutional convention, which was to assemble at the capitol on
the second Monday in July. The constitutional convention is an event in
the history of Minnesota sufficiently important and unique to entitle it
to special treatment, which will be given hereafter.

An act was passed at the extra session, on the 19th day of May, 1857, by
which the grant of lands made to the territory was formally accepted,
"upon the terms, conditions and restrictions" contained in the granting
act.

On the twenty-second day of May, at the extra session, an act was passed
to execute the trust created by the land grant act, by which a number of
railroad companies were incorporated to construct roads on the lines
indicated by the act of congress, and to aid in the building of these
roads, and the lands applicable to each were granted to it. The
companies were to receive title to the lands as the construction
progressed, as provided in the granting act. They also had conferred
upon them powers to issue bonds, in the discretion of the directors, and
to mortgage their roads and franchise to secure them.

These railroad companies were organized upon the hope that the aid
extended to them by the grants of land would enable them to raise money
sufficient to build their several roads. They had nothing of their own,
and no security but the roads and lands upon which to negotiate loans.
The times, and the novel idea of building railroads in unpeopled
countries, were all against them, and, of course, nothing could be done.

The constitutional convention met and framed an instrument for the
fundamental law of the new state which was very conservative, and, among
other things, contained the following clause, which was enacted in
section 5 of article IX.:

"For the purpose of defraying extraordinary expenses the state may
contract debts, but such debts shall never in the aggregate exceed two
hundred and fifty thousand dollars." And another clause found in section
10, which is as follows: "The credit of the state shall never be given
or loaned in aid of any individual, association or corporation."

It was the intention of the framers of the constitution to prevent the
legislature from ever using the credit or funds of the state in aid of
any private enterprise, and these provisions effectually accomplished
that end.

The people were deeply