USA > North Dakota > Compendium history and biography of North Dakota; a history of early settlement, political history, and biography; reminiscences of pioneer life > Part 14
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with the palms downward a short distance from the body. The body of Shulty had been pierced by two balls, one of which must have occasioned instant death. When found, it was lying upon the face, with the upper part of the head completely smashed and beaten in with clubs, while the brains were scattered around upon the grass. It showed eight- een bayonet wounds in the back and one of the legs had received a gash to the bone, extending the whole length of the upper half. Mr. Wright had lived in the neighborhood for years. The Indians had been in the habit of visiting his father's house, sharing the hospitalities of the dwelling and receiv- ing alms of the family. He was well known to those who so cruelly mangled his lifeless form, who could have nothing against him except that he was of the hated white race. That his body had been treated with greater indignity than that of the soldier was in accord with the feelings expressed to some of the garrison previous to the commencement of hostil- ities. In conversation the Sioux declared a very strong feeling against the settlers in the county, as they frightened away the game, and thus interfered with the Indians' hunting. They had objections to the soldiers being quartered so near them, but said they did not blame the men as they, being soldiers, had to obey orders and go where they were sent. The settlers, on the other hand, had encroached upon them of their own free will and as a matter of choice, and therefore should be severely dealt with.
No more Indians were seen about the fort until September 26, when, as Captain Freeman's company were watering their horses at the river, a volley was fired at them by a party of Sioux in ambush. A teamster with the expedition was hit and mortally wounded. The soldiers being unarmed could not reply, but from the log building and breastworks of the fort a brisk fire was opened up, and several of the Indians were seen to fall. At one time two Indians were seen skulking near the river, and they were fired upon by men on the fortifications and seen to fall. Whenever the Indians congregated near the fort or within range, a shell from the how- itzer (the Indians call a shell, rotten bullet), would fall among them and cause them to withdraw hur- riedly.
A detachment composed of Captain Freeman's mounted men, fifty soldiers of the Third Regiment, and a squad in charge of a howitzer were ordered in pursuit of the savages and started over the prairie, up the river. About two miles away they came upon the Sioux camp, but the red warriors did
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not stay to contest its possession but fled in haste and consternation. A few shots were fired at them which they answered with yells of defiance. A shell from the howitzer, however, quieted their noise and added to the celerity of their retreat. Their camp was taken possession of and the valuable part of the result of the savages' looting taken to the fort. The balance was burned on the spot. This was about the last skirmish with the redskins around Fort Aber- crombie.
In the meantime steps had been taken at head- quarters to punish the Sioux for their outbreak and to demonstrate to those red fiends that the arm of the government is long. It is necessary, in this connec- tion, to go back to the beginning of the massacre and briefly relate the formation and movements of the more formidable column that broke the strength of Little Crow's forces, and drove the Sioux to a complete surrender.
When the news of the outbreak at Yellow Medi- cine and elsewhere reached St. Paul, there was con- siderable consternation. Most of the able-bodied young men had gone to the front to fight in defence of the Union; there were no arms on hand in the state arsenals, nor ammunition in its magazines. Transportation, even, was wanting. Governor Ramsey energetically exerted himself to supply the deficiency. He telegraphed for arms and ammuni- tion to the war department at Washington, and to the governors of neighboring states. He also au- thorized the taking of private teams for public use, and other timely acts. Fortunately there were still at Fort Snelling portions of a couple of regiments not yet filled and some recruits for regiments then at the front. Col. Henry H. Sibley, a man well fit- ted for the place by years of experience among the Indians was appointed to the command of a column to march to the relief of the settlers and to punish the Sioux for their murders and depredations. Has- tily gathering some four hundred men of the Sixth Minnesota Volunteer Infantry, he started, August 20, for the scene of butchery. An inspection of the arms and ammunition furnished his troops developed the fact that the guns were worthless Austrian mus- kets, warranted to do more damage at the breech than at the muzzle, and that the cartridges furnished were of a calibre of a size larger than the bore of the gun, hence useless. Under these circumstances the expedition went into camp near St. Peter, where all hands were engaged in hammering the bullets down to a size to fit the barrels of the guns and in the preparing of cannister shot for the guns of the six-
pounder battery with them. In the meantime rein- forcements came in, better arms were procured and transportation had been arranged. The column re- sumed its march and went into camp near Fort Ridgley and took up its daily routine of drill and scouting work while awaiting provisions. Here the Colonel learned that the Indians had called in all their scattered bands and were concentrating to op- pose his forward movement and to give him battle. Scouting parties were sent out in all directions to ascertain the whereabouts of the savage foe. These returned with the report that there were no Indians below the Yellow Medicine river. In accordance with this Colonel Sibley sent out a party to bury the dead at the lower agency. This detachment con- sisted of twenty men in the burial party escorted by about two hundred men, partly mounted, all under the command of Major J. R. Brown. Fifty-four bodies were given decent burial. On their return the command went into camp at Birch Coulie. Usual precautions were taken and noimmediate fears of In- dians were apprehended. About half past four in the morning of September 2, the camp was awakened by the shouts of attacking Sioux and by a furious fusil- ade of bullets. A fearful battle ensued, and for the numbers engaged is said to have been one of the most bloody in the war. The loss of men in proportion to those engaged was extremely large, twenty-three killed or mortally wounded, forty-five severely wounded and nearly all suffered some harm or loss. Nearly all the horses, ninety in number, were shot down. The report of the volleys of musketry was fortunately heard by Colonel Sibley, although in camp some eighteen miles away, and he marched to ยท the relief of his struggling detachment. Coming up he drove off the savage foes, buried the dead and all returned to camp. After the battle, which showed Little Crow the futility of his efforts toward subduing the whites, all the marauding bands scattered around were called in and Little Crow and his forces commenced their retreat up the Minnesota river toward the Yellow Medicine. September 16, Colonel Sibley, whose forces had been largely increased, both by some independent companies and by the Minnesota Third Infantry, then home on parole, ordered the advance of the whole column. On the evening of September 22, he reached Wood lake, in what is now Yellow Medicine county, Minnesota. The next morning about seven o'clock a force of some three hundred yelling savages appeared firing on the troops as rapidly as they could. The troops under Sibley
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were cool and determined. The Third Regiment, veterans from the front, were not to be scared by noise, and needed no urging from their officers. The fight lasted four hours, during which we lost four killed and fifty wounded. The enemy's loss was much heavier, fourteen of their dead were left on the field while many bodies were carried off as is usual among Indians. Disaster after disaster came thus to foil the schemes of Little Crow. None of the principal places had fallen into his hands. Fort Ridgley, New Ulm, St. Peter, Man- kato were still unharmed, and at Birch Coulie and Wood lake the Sioux had suffered severe loss and defeat. The warriors turned against their leader and began to sue for peace. On the same day as that on which the battle of Wood lake had occur- red, a deputation from the Wahpeton band came in under a flag of truce, asking terms of peace. These were arranged. All the captives in their possession were first to be given up. Of. these there were one hundred and seven pure white and one hundred and sixty-two half breeds, mostly women and children. Other tribes soon came in and surrendered.
A military commission tried most of the In- dians who gave themselves up, and found three hundred and twenty-one of them guilty of murder, rapine, arson, larceny and other light crimes. Three hundred and three were recommended for capital punishment, the rest to various terms of imprisonment. A mistaken policy upheld by those in the far east, who had suffered naught by the hands of the red fiends, stayed the hands of justice, and it was only by the greatest efforts that the people of Minnesota and the Dakotas, who had lost their all, who had been driven from their homes and who had seen those nearest and dear- est slain by these incarnate devils, that the justice which should have been meted out by wholesale, was enforced in a retail way by the hanging of thirty-eight of the ringleaders, at Mankato, De- cember 26, 1862.
After the defeat at Wood lake, Little Crow with the portion of the bands that still clung to his fortunes, retreated in the direction of Big Stone lake, some sixty miles westward. Sibley sent after them a messenger saying that he would pur- sue the deserters and should show them no mercy, that their only chance was to return at the earliest moment and surrender themselves and their fam- lies. By the 8th of October some two thousand of them had come in and given themselves up.
Parties were now sent out to round up the balance of the savages with various success. Lieutenant- Colonel Marshall, with two hundred and fifty men took various small parties of Indians and kept pressing on the trail of the others. Soon their course led toward the Big Sioux river. They pursued and crossed that stream, and on the evening of October 16, the Lieutenant-Colonel and fifty of his men found themselves near Twin lakes, in what is now Codington county, South Dakota. Here they captured some thirteen braves with their families. Pressing on about half way between the Big Sioux and James rivers they made prisoners of quite a large number.
It was deemed wise by the military authorities at Washington, and by Major General John .A. Pope, commanding the department of the North- west, that a second campaaign be undertaken against those of the Sioux who still hung out sullenly in arms against the government. These had all been con- cerned in the massacre and had fled to the upper prairies of North Dakota, where they had all been hos- pitably received and harbored by their powerful breth- ren of that region. Accordingly General Sully, commanding the district of the upper Missouri, and General (formerly Colonel) Sibley, commanding the district of Minnesota, were summoned to the headquarters of the department at Milwaukee, Wisconsin, to confer with General Pope. It was decided that a large force under the district com- manders mentioned, should march as early in the summer of 1863 as was practicable. One column was to proceed from Sioux City, Iowa, on the Mis- souri river, and the other from some point on the Minnesota river. The objective point of both col- umns was Devil's lake, where it was thought the main body of the savages would be found. The force under General Sully was to be composed en- tirely of cavalry. Sibley's force was made up of the Sixth and Seventh and parts of the Ninth and Tenth Minnesota Infantry, and companies of the Minnesota Mounted Rangers, and the Third Min- nesota Battery Light Artillery. The latter was commanded by Captain Jones. In due time the column from Minnesota started, with Brigadier General Sibley in command. It pressed on to- ward the rendezvous at Devil's lake, through much distress and discomfort, the weather being very warm, and the prairies were parched with the drought. Finally they reached that point, but found no hostile Indians. The Red Lake Indians informed the General that the large camps of the
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Sioux were off to the south and west on the coteaus of the Missouri. This was the direction from which General Sully was to be expected. General Sib- ley, leaving his sick, footsore and weary in a strongly entrenched camp on the banks of the Upper Cheyenne, took the greater part of his forces and started toward the Missouri river. He succeeded in falling in with a large camp in which many of the refugees could be found and which contained several hundred warriors. He attacked them briskly and defeated them with considerable loss. As they retreated upon stronger positions and larger camps he pursued them, and attacked them wherever he could find them. Like resist- less fate he pushed on, rolling the panic stricken redmen before him until they had put the floods of the Missouri river between them and their foe. To this day the name of Sibley is a good one among the Sioux, who feared him as they did but few other men. The last battle. fought by this column took place about four miles south of the site of the present state capital, Bismarck. On the edge of the coteau with his flank defended by Apple creek, he was attacked by the Indians, July 29, 1863. The Indians crossed over the river for
the purpose, having received large reinforcements, and fiercely assailed the soldiers. It was of no avail, however, the redskins were beaten back dis- mayed, and retreated across the Missouri. Lieut- enant Beever, an Englishman, serving as volun- teer aid on General Sibley's staff, was killed here while carrying dispatches to Colonel Crooks. For a few days thereafter the column remained in camp at that place, and then, forage and rations grow- ing scarcer, and General Sully's forces not appear- ing, General Sibley marched his men back into Minnesota, and so ended the matter.
Little Crow, the instigator of the massacre and the predominant figure in the whole deplorable affair returned to the vicinity of his old home, and with a small band attempted to steal some horses, with which he, an outlaw now, wanted to go west again. Chauncey Lamson, a settler who lived in the neighborhood of Hutchinson, caught sight of Little Crow and his son in the timber in the southern part of Meeker county, Minnesota, and shot him. The son fled on his father's death. Thus the mas- sacre commenced with Little Crow and ends with Little Crow; began in Meeker county, Minnesota, and ended in the same county.
CHAPTER VII.
TERRITORIAL GOVERNMENT; EARLY MOVEMENTS TOWARDS OBTAINING A TERRITORIAL GOVERNMENT; TERRITORIAL GOVERNMENT GRANTED; TERRITORIAL OFFICERS.
As has been shown in a previous chapter, that on the admission of Minnesota in 1858 to a place in the great sisterhood of states, the eastern part of Dakota, which had previously formed a part of the territory of Minnesota, was left out in the cold. It had no name or legal existence. The western part, that beyond the Missouri, still remained at- tached to the territory of Nebraska.
EARLY MOVEMENTS TOWARD OBTAINING A TERRI- TORIAL GOVERNMENT.
This state of affairs could not be endured and the settlers, becoming restless, inaugurated move- ments toward obtaining a territorial form of gov- ernment if possible. The settlers around Sioux Falls determined to organize a provisional govern- ment and an election notice was drawn up and pub- lished in the first number of the Dakota Democrat, then just established by Samuel J. Albright. This was the pioneer paper of the whole of Dakota. The notice read as follows:
"Election Notice .- At a mass convention of the people of Dakota territory, held in the town of Sioux Falls, in the county of Big Sioux, on Saturday, Sep- tember 18, 1858, all portions of the territory being represented, it was resolved and ordered that an
election should be held for members to compose a territorial legislature.
"Dated at -, this twentieth day of Septem- ber, A. D., 1858."
In accordance with the notice the election was held for members of the provisional legislature and delegate to congress. A. G. Fuller was chosen to fill the last named office. The legislature thus elected, met at Sioux Falls in the winter of 1858-59 and organized by the choice of Henry Masters as president of the council, and ex-officio governor, and S. J. Albright, as speaker of the house. The session lasted but a few days. Governor Mas- ters died a short time after this, and is said to have been the first white man to die in the valley.
In the meantime the settlers in the southern part of the country, called a convention to meet at Yankton, which assembled at the, at that time, un- completed store of D. T. Bramble, November 8, 1858. Mr. Bramble was chosen chairman and M. K. Armstrong, secretary of the meeting. Cap- tain J. B. S. Todd, Obed Foote and Thomas Frek were appointed a committee to draft a set of reso- lutions. It was determined to memorialize con- gress for authority to organize as a territory, and for this purpose a committeee consisting of Captain J. B. S. Todd, G. D. Fiske and J. M. Stone was
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appointed to draw up the petition. The next day a similar meeting was held at Vermillion, of which J. A. Denton was chairman, and James McHenry, secretary. Captain J. B. S. Todd was appointed by the people in mass meeting assembled, at both places, to carry their petition to Washington, and lay before the congress of the nation the wishes of the people. In response to their desires a bill looking to the organization of the territory of Da- kota was introduced in the senate, but no action was taken upon the matter at that session.
In the fall of 1859 another attempt was made toward territorial organization, and another legis- lature chosen. J. P. Kidder was elected delegate to congress; S. J. Albright was elected governor, but was returned as a member of the legislature, of which body he was chosen speaker of the house ; W. W. Brookings, elected president of the coun- cil, was declared ex-officio governor. Memorials to congress were again prepared and given to Mr. Kidder to lay before that body. On his arrival in Washington, and claiming admission to that congress as a delegate, it was denied him, he fail- ing of securing his seat by but a few votes, how- ever. At that time politics ran high and the strife between the parties intense in this country, then just on the eve of the most stupendous civil war in the history of nations. Everything in our national council was more or less subservient to the main question, slavery, its extension or non-exten- sion. The Republican members of congress insisted upon the insertion in the organic act instituting the new territory of Dakota, a clause prohibiting the introduction of slaves, as such, into the terri- tory. That aroused the southern members, whose solid opposition nullified the wishes of the people of Dakota.
TERRITORIAL GOVERNMENT GRANTED.
The now thoroughly aroused settlers again made a strong effort to force recognition from the Federal government. December 27, 1860, a rep- resentative convention assembled at Yankton to take action in the matter. On the 15th of Janu- ary, 1861, a lengthy and earnest appeal to the gov- ernment was adopted by this body, to which was appended the names of five hundred and seventy- eight citizens of the wished-for territory. Copies were forwarded to the seat of Federal government at Washington and laid before both houses of con- gress. At this most stormy session of the national
councils, a bill organizing the territory of Dakota was introduced, and most of the members from the southern states having in the meantime withdrawn on the eve of rebellion, opposition to the bill ceased and it passed both houses. On the 2nd of March, 1861, President Buchanan signed the act, and the Territory of Dakota at last entered upon its legal existence. The bill organizing the same was passed by the senate February 26, and the house March I. Dakota, at that time, embraced an area of over 350,000 square miles, and in- cluded all of Montana, Wyoming and part of Idaho. These were subsequently detached, the last change of boundaries being made in 1873 in readjusting the line between Dakota and Mon- tana.
TERRITORIAL OFFICERS.
No officers were appointed by the outgoing administration, but in May, 1861, President Abra- ham Lincoln commissioned William Jayne, of Illi- nois, first governor. About the same time the following territorial officers were appointed : John Hutchinson, of Minnesota, secretary; Phil- emon Bliss, of Ohio, chief justice; Lorenzo P. Williston, of Pennsylvania, and Joseph L. Wil- liams, of Tennessee, associate justices; William E. Gleason, United States district attorney ; Will- iam T. Shaffer, of Illinois, United States mar- shal; and George D. Hill, of Michigan, surveyor- general.
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W. A. Burleigh was appointed agent at the Yankton Indian reservation, and H. W. Gregory to that of Ponca.
Governor Jayne was a resident of Springfield, Illinois, at the time of his appointment, and was engaged in the practice of his profession, medi- cine. He enjoyed the intimate friendship ' of Abraham Lincoln, who esteemed him highly and thus sought to honor.
Governor Jayne and his secretary arrived at Yankton May 27, 1861, that having been desig- nated as the territorial capital, and opened the executive office in a log cabin opposite Ash's tavern. The surveyor-general's office was located at first in Bramble's building. The first official act of the new governor was the appointement of agents to take a census of the new territory upon which to base the apportionment for representa- tion in the general assembly, and the following were named: Andrew J. Harlan, for the district east of the Vermillion river and south of Sioux
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Falls; W. W. Brookings, for the Sioux Falls dis- trict; Obed Foote, for the Yankton district, which extended westerly from the Vermillion river to Yankton; George M. Pinney, for the Bon Homme district ; J. D. Morse, for the country on the Mis- souri river north of the Niobrara river; and Henry D. Betts for the country of the Red river valley. These gentlemen made a report, accord- ing to one account, showing a population in what is now North Dakota, entire whites, 76; of mixed breeds, 514, making a total of 590. In what is now South Dakota the same authority gives as the population: Whites, 1,140; half-breeds, 46; or a population for the entire territory, excluding Indians, of 1,775. Other accounts place the whole number of people in the entire territory at that time at 2,879, and the commissioner of immigra- tion, in his report for 1887, places it for the year 1860 at 4,837, basing his figures upon the census report of the general government for the year mentioned.
On the 13th of July, following his installation into office, the governor made an apportion- ment of the Territory into three judicial districts, as follows: All that part of the territory of Dakota lying east of the line between ranges 53 and 54 west of the fifth principal meridian, should be known as the first judicial district, and should be presided over by Hon. L. W. Williston; all that part of the territory lying between the line dividing ranges 53 and 54 and the line dividing ranges 57 and 58, was designated as the second district, and Hon. Philemon Bliss assigned to pre- side over its judicial functions. The third dis- trict was constituted of the west part of the ter- ritory and presided over by Judge Joseph L. Williams. By a proclamation dated July 29, 1861, the governor established legislative districts throughout the territory and apportioned the rep- resentation as follows :
"All that portion of Dakota territory lying between the Missouri and Big Sioux rivers, and bounded on the west by the range line dividing ranges 50 and 51 west and that portion of Dakota territory lying west of the Red River of the North, and including the settlement at and ad- jacent to Pembina and St. Joseph, shall comprise the first council district, and be entitled to two councilmen.
"All that portion of Dakota territory bounded by the Vermillion river on the west and on the east by the line dividing ranges 50 and 51, shall
compose the second council district, and be en- titled to two councilmen.
"All that portion of Dakota territory bounded by the Vermillion river on the east, on the west by the line dividing ranges 53 and 54 west, shall com- pose the third council district, and be entitled to one councilman.
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