USA > North Dakota > Early history of North Dakota: essential outlines of American history > Part 34
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THE JUDICIAL DISTRICTS
July 30, 1861, the governor issued a proclamation establishing judicial dis- tricts as follows: All that portion of Dakota Territory bounded by the east line of the territory and on the west by the range line dividing ranges 53 and 54, was constituted the First Judicial District. All that portion of the territory bounded on the east by the range line between ranges 53 and 54 (dividing Yankton and Day counties) and on the west by the line dividing ranges 57 and 58 (dividing Yankton and Bon Homme counties) constituted the Second Judicial District. All that portion west of the line dividing ranges 57 and 58 constituted the Third Judicial District.
Judge Lorenzo P. Williston was assigned to the First Judicial District, and the place of holding court fixed at Vermilion. Judge Philemon Bliss was assigned to the Second District and the place of holding court fixed at Yankton. Judge Joseph I .. Williams was assigned to the Third District, and the place of holding court fixed at Bon Homme.
The first term of the court was to be held in the First District on the first Monday in August, 1861, and thereafter on the first Mondays in May and Sep- tember of each year.
In the Second and Third districts on the third Monday in August and there- after annually on the first Mondays of May and September.
It will be noticed that no provision was made for courts in the Red River
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settlements, and when a land office was established it was opened at Vermilion, and the first filings on North Dakota lands were made at that office.
PERSONNEL OF OFFICERS
Governor Jayne was a townsman and friend of President Lincoln. He served with credit two years. At the election in 1862 he was awarded a cer- tificate of election as delegate to the Thirty-eighth Congress, and served from March 4, 1863, to June 17, 1864, when he was succeeded by John B. S. Todd, who had contested his election, when he returned to Springfield, Ill. Todd was elected delegate at the first election, as a non-partisan, although known to be a democrat.
The judges were all men learned in the law, and of excellent character. Judge Bliss resigned in 1864 and went to St. Joseph, Mo., and engaged in the practice of law. Judge Williston was transferred to Montana in 1863 and was succeeded by Ara Bartlett of Illinois. Judge Williams returned to Tennessee on the expiration of his term.
The Town of Williston, N. D., was named in honor of Judge Williston, who was greatly admired by Mr. James J. Hill, the great railroad builder.
John Hutchinson came from Kansas, although credited to Minnesota, where he had previously resided. He was appointed on the recommendation of Secre- tary of State William H. Seward. He brought his family to Yankton and became a bona fide citizen of Dakota. Hutchinson County, S. D., was named in his honor. He served four years as secretary of the territory and was reap- pointed but resigned to accept the consulship to Leghorn, Italy. After his return he engaged in the practice of law at Chicago.
Surveyor-General Hill is credited with the first practical and persistent efforts to induce immigration to Dakota Territory, and with having secured the settle- ment of the first considerable Dakota colony, known as the New York Colony. He served four years and returned to Ann Arbor, Mich.
United States Attorney-General Gleason served four years and was then appointed associate justice in place of Judge Williams, and later consul to Bor- deaux, France, returning to Baltimore on his retirement from that position. United States Marshal Shaffer served about a year and resigned, desiring to enter the military service, being an ardent Union man. He returned to Mis- souri.
Gleason and Shaffer were bachelors; only Hutchinson brought his family to the territory. The governor and chief justice brought their wives as far as Sioux City, where they remained, owing to lack of suitable accommodations at Yank- ton, the temporary seat of government. Some of the officers joined the Todd faction and opposed the early-developed aspirations of the governor to succeed General Todd in Congress.
The Sioux Falls element had taken the lead in the movement for territorial organization, overlooking the importance of an organic act. They elected a dele- gate to Congress and sought his recognition. They were defeated by the Yank- ton movement and the strong influence brought to bear by the masters of politics from Missouri. Todd controlled the situation from the very beginning. The misfortune of 1862, through Indian hostilities, ended for a time the early aspira- tions of Sioux Falls to become the capital.
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THE INITIAL POLITICAL MOVEMENT
The first political convention was held at Vermilion, June 1, 1861. George M. Pinney was chairman and A. W. Puett, secretary.
The resolutions declared allegiance to the Union, the Constitution and the laws, and pledged cordial support to the governor and secretary, favored the passage of the Homestead Law and the policies of the administration, and denounced monopolies of every nature, especially in connection with the public lands. The convention nominated A. J. Bell for delegate to Congress.
It was claimed that all present except Pinney were from Vermilion and that he was not a voter under the organic act, having come from Minnesota in May after the creation of the territory in March.
Mr. Charles P. Booge, trader at the Yankton Agency, was nominated for delegate to Congress at Bon Homme early in September.
Capt. John B. S. Todd was a candidate for delegate regardless of party, desiring to keep away from partisan issues, believing that if elected he could accomplish most without antagonizing cither party. The location of the capital at Yankton was known to be in line with his personal interests.
Mass conventions were held, generally of a non-partisan character, for the nomination of members of the Legislature.
The Yankton convention was called for August 24th, by John Stanage, James M. Stone, Downer T. Bramble, William Miner, William Thompson, Frank Chapell, Enos Stutsman, D. Fisher, Moses K. Armstrong and J. D. Morse. Dr. Justus Townsend was president and J. D. Morse, secretary. Moses K. Arm- strong and John Stanage were nominated by acclamation for representatives and Enos Stutsman and Downer T. Bramble for the council. Moses K. Armstrong, James M. Stone, J. R. Hanson and James M. Allen were appointed a committee on resolutions.
The resolutions endorsed the war policy of the administration in all of its endeavors to put down the rebellion and preserve the Constitution and the Union of States; they expressed appreciation of the act of Congress in granting Dakota self-government, and pledged support of the officers of the territory in their efforts to preserve peace; they urged economy of time and money in the Legis- lature, prompt action and an early adjournment, and instructed the nominees to that end. They also favored a James River ferry charter and the election of Todd to Congress. All of the nominees being democrats, there was some dis- satisfaction. Stone and Hanson published a protest against the use of their names on the Resolution Committee without their knowledge or consent, and pledged their utmost exertions for the defeat of the ticket. An opposition ticket was put in the field with J. B. Greenway and William Thompson for the council and James M. Stone and Otis B. Wheeler for representatives, but the regulars were duly elected.
DELEGATE TO CONGRESS
The result of the election for delegate to Congress was as follows: Total vote cast, 585; John B. S. Todd, 397; A. J. Bell, 78; Charles P. Booge, 109; C. Booge, I. Mr. Todd having received the highest number of votes, was elected for the term ending March 3, 1863. taking his seat December 1, 1861.
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The vote cast in the Pembina precinct was 15 and in the St. Joseph precinct 171, all for Todd for delegate to Congress.
Those elected to the council were: First District-Wilmot W. Brookings, Sioux Falls, and Austin Cole, Sioux Point (James McFetridge, Pembina, received 173 votes and Brookings got but 84, and filed notice of contest; not received, however, until after Brookings was sworn in). Second District- Henry D. Betts and John W. Boyle of Vermilion. Third District-Jacob Deuel, west of Vermilion River. Fourth District-Enos Stutsman and Downer T. Bramble, Yankton. Fifth District-John H. Shober, Bon Homme. Sixth Dis- trict-J. Shaw Gregory, Mixville or Fort Randall.
House of Representatives : First District-John C. McBride, Elk Point, and Christopher Maloney of Sioux Point. Second District-George P. Waldron of Sioux Falls. Third District-Hugh Donaldson, Pembina. . Fourth District- Lyman Burgess and A. W. Puett of East Vermilion. Fifth District-Bligh E. Wood and Jacob A. Jacobson, West Vermilion. Sixth District-Moses K. Arm- strong, Yankton, and John Stanage, James River crossing. Seventh District- George M. Pinney and Reuben Wallace, Bon Homme. Eighth District-John L. Tiernon, Fort Randall.
The failure to recognize the vote cast for McFetridge left the settlements in the northern part of the territory without representation in the council, although actually having nearly one-half of the population in the whole territory.
THE FIRST LEGISLATIVE ASSEMBLY
The first legislative assembly convened in Yankton, March 17th and con- tinued until May 15, 1862. At the temporary organization of the council, Enos Stutsman was elected president, but on the permanent organization John H. Shober was elected in his stead. The members were sworn in by Judge Bliss. Prayer was offered by Rev. S. W. Ingham, Methodist clergyman of Vermilion, who was elected chaplain. James Tufts of Mixville was elected secretary ; William R. Goodfellow, of Elk Point, messenger, and Charles F. Picotte, Yank- ton, sergeant-at-arms.
The members of the House of Representatives were sworn in by Judge Bliss, prayer was offered by Rev. D. D. Metcalf of Bon Homme. George M. Pinney of Bon Homme was elected speaker ; Joseph R. Hanson, chief clerk; James Allen of Sioux Falls, assistant clerk; Daniel Gifford, Bon Homme, enrolling clerk ; James Summers, Sioux Falls, sergeant-at-arms ; Ole Anderson, East Vermilion, fireman; A. B. Smith, Tower Butte, messenger, and Rev. D. D. Metcalf, Bon Homme, chaplain.
George W. Lamson, private secretary, read the message of the governor at the meeting on the second day.
THE GOVERNOR'S MESSAGE
The governor called attention to the vast area of the territory as then organ- ized, extending from the 97th to the 113th degrees of longitude, embracing an area greater in extent than all of New England combined with New York, Penn- sylvania, Ohio, Illinois and Missouri, including the vast basins and mountain
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ranges, and waters flowing southward into the Gulf of Mexico and northward into Hudson Bay. He spoke of its excellence of soil and climate, of its capacity for raising numerous herds of cattle and the production of wheat and other agricultural products, and prophesied that the great wheat-growing belts of this continent would be developed in the valleys of the Red River and Sas- katchewan, and that before a generation passed more than a million people would be found residing in the Missouri Valley alone; that the Pacific Railroad would be completed, connecting the two oceans with iron bands, and the trade of India and Japan would be found passing through Dakota on its way to the Atlantic, and that towns and cities would spring up along the great highways of traffic. He spoke of the mineral wealth to be developed in the Black Hills and Wind River region, and of the vast resources of coal. He urged the importance of schools and of military preparedness for protection from a savage foe. He denounced slavery, which had caused trouble in other territories, in most vigor- ous terms, and urged laws forever prohibiting involuntary servitude excepting for crime; and that they declare by legislative enactment that labor shall be honored, respected and rewarded, leaving no room for a privileged class spurn- ing labor and the laborer-a class exalted above common sympathies and cares, sacred against vulgar necessities and scorning occupation.
He warned against bank men and bank charters and the evils of a pernicious paper currency. He urged a stringent election law, and suggested memorials to Congress for military roads, a geological survey and in favor of a Pacific Rail- road and a Homestead Law.
He reviewed the progress of the Civil war and congratulated the territory on its ready response to the call for volunteers to garrison Fort Randall, thus relieving the regular army for duty in the field.
PARTIAL JUSTICE TO PEMBINA
The contest of McFetridge for a seat in the council received no attention, on the theory that the Pembina region belonged to the Chippewa Indians; there- fore, the Legislature memorialized Congress for a treaty to extinguish the Indian title, and passed a bill giving that region one councilman and two representatives in the next Legislature.
LOCATION OF THE CAPITAL
Yankton and Vermilion were contestants for the capital location, with Sioux Falls a dark horse in the race. The contest lasted twenty days with varying shades and was finally settled in favor of Yankton; Vermilion got the univer- sity and Bon Homme the penitentiary as a result of the manipulations: and George M. Pinney, who was the uncertain element in the battle, resigned his position as speaker and was succeeded by John L. Tiernon. As an incident of the contest Lieut. Frederick Ploghoff of the Dakota Cavalry, in command of twenty men, appeared in the hall of the House of Representatives and took a position by the side of the speaker. A committee of investigation was appointed and a demand for an explanation filed with the governor, who replied in writing that such action was taken at the verbal and written request of the speaker of the
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House of Representatives, claiming that from threats and representations received from reliable sources he feared the business of the House would be interrupted by violence and he called upon the governor for a force to protect the House in the lawful pursuit of its duties. The indignation of the House resulted in the speaker's resignation and John L. Tiernon was elected in his stead.
The session of the Legislature passed civil, criminal, judicial and probate codes and other wholesome laws and defined the boundaries of Clay, Cole (now Union), Bon Homme, Charles Mix, Brughier (now Buffalo), Jayne, Hutchin- son, Lincoln, Minnehaha, Brookings, Todd and Gregory counties, in the southern part of the territory, and Stevens, Cheyenne and Kittson counties in the northern part.
The Old Settlers' Association was chartered during this session of the Legis- lature, with J. B. S. Todd, J. S. Gregory, James Tufts, W. W. Brookings, E. Stutsman, J. H. Shober, Reuben Wallace, D. Gifford, E. Gifford, N. McDonald, C. F. Picotte, John Stanage, J. B. Amidon, G. P. Waldron, B. M. Smith, A. C. Van Meter, J. Deuel, J. R. Hanson, A. G. Fuller, D. T. Bramble, M. K. Arm- strong, J. M. Allen, Austin Cole, F. Carman, J. Wherry, H. C. Ash, John L. Tiernon, J. M. Stone, W. P. Lyman, W. H. Granger, C. W. Cooper, R. M. Johnson, Norman W. Kittson, L. M. Griffith, F. J. DeWitt, J. C. McBride, Chris- topher Maloney, H. S. Donaldson, James McFetridge, William Mathews, M. Ryan, John McClellan, J. B. LaPlant, A. Mason, Peter Arpin, John Brouillard, W. W. Benedict, Ole Bottolfson, Ole Anderson, C. Lawson, A. B. Smith, George Brown, Moses Herrick, J. McCase, John Lefevre, Felix Leblanc, George Bour- ret, H. Bradley, Joseph Chattelion and A. W. Puett, charter members.
THE PUBLIC PRINTER
Josiah Trask having been appointed public printer by the secretary of the territory, John Hutchinson, George W. Kingsbury arrived at Yankton on March 17, 1862, to assist in the legislative printing, expecting to remain during the legislative session only, but from that day to this (October, 1916) has remained, during fifty-four years, becoming identified with every feature of "Dakota His- tory." In 1915 he contributed two volumes of "Dakota History," published by The S. J. Clarke Publishing Company, Chicago, which will prove of value as long as time shall last. He came from Lawrence, Kans., by stage from St. Joseph, Mo. The Dakotian at Yankton was the first newspaper established after the passage of the organic act, and was published by the Dakota Printing Company. Frank M. Ziebach and William Freney, members of the company, had been engaged in the publication of the Sioux City Register. During the session of the first Legislature a mock legislature was opened, with Frank M. Ziebach governor, and this afforded the leading and most attractive means of entertainment during the legislative session. The Press was later established, and in time consoli- dated with the Dakotian under the management of George W. Kingsbury. Ziebach later established the Scotland Citizen, one of the ablest papers in the territory.
The first Legislature did its whole duty and deserves the highest praise. Even at that early date the wives, sisters and daughters of the pioneers had
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taken their place among the elements working for present and future good.
The following tribute to the western wife, published in the National Maga- zine for February, 1905, deserves a place in these pages :
A WESTERN WIFE By WILL CHAMBERLAIN Jefferson, South Dakota
She walked behind the lagging mules That drew the breaker thro' the soil; Hers were the early-rising rules, Hers were the eves of wifely toil.
The smitten prairie blossom'd fair, The sod home faded from the scene; Firm gables met the whisp'ring air, Deep porches lent repose serene.
But with'ring brow and snowy tress Bespeak the early days of strife;
And there's the deeper-wrought impress- The untold pathos of the wife.
O western mother! in thy praise No artist paints nor poet sings, But from thy rosary of days God's angels shape immortal wings !
DAKOTA INDIAN AFFAIRS
The following information relative to Indian agencies was furnished for this history by the Indian office :
Section 2 of the Act of June 30, 1834, entitled "An Act to provide for the organization of the Department of Indian Affairs (4 Stat. L., 235)" provided "and be it further enacted, That there shall be a superintendency of Indian Affairs for all the Indian country not within the bounds of any state or territory west of the Mississippi River, the superintendent of which shall reside at St. Louis, * *
*" This superintendency seems to be known, in the reports, as the "Central Superintendency," at that time under the Department of War.
The Act of March 3, 1847 (9 Stat. L., 203), authorizes the secretary of war to establish each superintendency, agency and sub-agency either by tribes or geographical boundaries.
Section 5 of the Act of March 3, 1849 (9 Stat. L., 395), transferred the office of the commissioner of Indian Affairs from the jurisdiction of the secretary of war to that of the secretary of the interior.
The Yankton Sioux Reservation, located in the extreme southern part of Dakota Territory, consisting of 400,000 acres, 2,000 Indians, was created by treaty of 1858 (11 Stat. L., 743).
The Ponca Reservation, consisting of 576,000 acres, 735 Indians, was created by the "Ponca Treaty" of March 12, 1858 ( 12 Stat. L., 997).
The Fort Berthold Reservation, consisting of 8,640,000 acres, having super- vision over the Arikara, Gros Ventre and Mandan tribes, was established by unratified agreements of September 17, 1851, and July 27, 1866, and executive order of April 12, 1870.
The Lake Traverse (Sisseton) Reservation, composed of 1,241,600 acres,
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1.496 Sioux Indians of Sisseton and Wahpeton bands, was established by treaty of February 19, 1867 (15 Stat. L., 505).
The Devil's Lake Reservation, composed of 345,600 acres, 720 Sisseton, Wahpeton and Cuthead bands of Sioux Indians, was established by treaty of February 19, 1867 (idem).
The General Sioux Reservation, comprising the following agencies, in all 25,000,000 acres, in charge of Brule, Ogallah, Miniconjou, Lower Yanctonai, Oncpapa, Blackfeet, Cuthead, Two Kettle, Sans Arc and Santee bands of Sioux Indians, was established by treaty of April 29, 1868 ( 15 Stat. L., 635).
Grand River Agency, 6,000 Indians.
Cheyenne River Agency, 5,000 Indians.
Whetstone Agency, 5,000 Indians.
Red Cloud Agency, Wyoming (temporarily on North Platte River when report of 1872 was made), 7,000 Indians.
Crow Creek (Upper Missouri) Agency, 3,000 Indians.
The Act of March 2, 1861 (12 Stat. L., 239-240), organized the Territory of Dakota and prescribed the duties of the office of the governor, and, among other things, said :
** * * he shall perform the duties and receive the emoluments of super- intendent of Indian Affairs * * *"
Section 6 of the Appropriation Act of July 15, 1870 (16 Stat. L., 360-361), provided :
"And be it further enacted, That the President be, and he is hereby authorized, to discontinue any one or more of the Indian superintendencies, and to require the Indian agents of such superintendencies to report directly to the Commis- sioner of Indian Affairs."
Presumably under this authority the Dakota superintendency was discontinued in 1870 and the agencies named above appear thereafter as "Independent Agencies."
The same authority gives the names of Indian agents and traders in Dakota Territory in 1872 as follows :
INDIAN AGENCIES AND AGENTS IN DAKOTA TERRITORY, 1872
Sisseton Agency, M. N. Adams.
Devil's Lake Agency, W. H. Forbes.
Grand River Agency, J. C. O'Connor.
Cheyenne River Agency, T. M. Kones.
Whetstone Agency, D. R. Risley.
Upper Missouri Agency, H. F. Livingston.
Fort Berthold Agency, J. E. Tappan.
Yankton Agency, T. G. Gassman.
Ponca Agency, H. E. Gregory.
INDIAN TRADERS IN DAKOTA TERRITORY, 1872
E. H. Durfee and C. K. Peck, Fort Berthold Agency.
E. H. Durfee and C. K. Peck, Grand River Agency.
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E. H. Durfee and C. K. Peck, Cheyenne Agency.
Thomas G. Cowgill, Mouth of White River.
Franklin J. DeWitt, Fort Thompson Agency (Crow Creek), at or near the site of old Fort Lookout, and at or near the mouth of White Earth River, Dakota.
George W. Howe, Ponca Agency.
Downer T. Bramble and William Miner, Yankton Sioux Agency, opposite Fort Randall, known as White Swan.
James Fitzsimmons and Andrew J. Miller, Republican County, Dakota.
Downer T. Bramble and William Miner, Yankton Agency.
Joseph Bissonette, Sr., Whetstone Agency.
George W. Howe, Ponca Agency.
Francis D. Yates, Whetstone Agency.
Thomas G. Cowgill, Cheyenne Agency.
Fort Thompson was named for Clark W. Thompson, of La Crosse, Wis., builder of the Southern Minnesota Railroad from La Crosse to Wells, and Man- kato, Minn., and superintendent of Indian Affairs on the Upper Missouri in r862.
CHAPTER XX
DAKOTA IN THE CIVIL AND INDIAN WARS
COMPANIES A AND B, DAKOTA CAVALRY-THE TERRITORIAL MILITIA ORGANIZED- OPERATIONS IN CONNECTION WITH THE INDIAN UPRISING OF 1862-SIBLEY'S EXPEDITION OF 1863-BATTLES OF BIG MOUND, BUFFALO LAKE AND STONY LAKE-DEATH OF DOCTOR WEISER, LIEUTENANT FREEMAN AND LIEUTENANT BEEVER-BATTLE OF THE MACKINAW-SULLY'S EXPEDITION OF 1863-BATTLE OF WHITE STONE HILLS-SULLY'S EXPEDITION OF 1864-BATTLE AT APPLE CREEK-LOCATION AND BATTLE OF KILLDEER MOUNTAIN-BATTLE OF TIIE LITTLE MISSOURI OR "WHERE THE HILLS LOOK AT EACH OTHER"-SULLY AT BRASSEAU'S POST ON THE YELLOWSTONE-SITE OF FORT BUFORD SELECTED FORTS STEVENSON, SULLY AND WADSWORTH-FISK'S EXPEDITION-THE BATTLE OF RED BUTTES- THE WHITE WOMAN CAPTIVE-THE MASSACRE NEAR FORT PHIL KEARNEY-THE GREAT SIOUX RESERVATION.
The governor of Dakota having been authorized to raise two companies of cavalry for patrol and garrison duty, recruiting stations were established at Yankton, Vermilion and Bon Homme. J. Kendrick Fowler was appointed recruiting officer at Yankton, Nelson Miner at Vermilion and James M. Allen at Bon Homme; and Company A was mustered into the United States service in April, 1862, with Nelson Miner, captain; J. Kendrick Fowler, first lieutenant ; and Frederick Ploghoff, second lieutenant. The non-commissioned officers were A. M. English, first sergeant; Patrick Conway, E. K. Wilson, F. P. Hobler, William Neuman, Ben F. Estes, J. B. Watson and Horace J. Austin, sergeants ; George Falkenberg, David Benjamin, Joseph Ellis, William Young, C. H. Stager, C. H. Brured, Amos Shaw and Adolph Mauxsch corporals; A. Hanson and E. Wilkins, buglers; A. Jones, farrier, and Timothy Pringle, blacksmith.
Privates : M. Anderson, J. Allen, R. Alderson, C. Andrews, B. Bellows, W. WV. Benedict, Robert Burkhart, John Betz, John Bradley, John Bell, N. Cusick, D. Campbell, N. Ellingson, J. Floeder, N. Felling, J. Gray, J. Haggin, J. Johnson, C. Lewison, J. Ludwig, J. D. Morse, T. A. McLeese, A. Munson, P. Omeg, C. Olson, L. E. Phelps, H. M. Pierce, George Pike, J. Solberger, J. Tallman, T. J. Tate, B. H. Wood, J. Wells, H. Woodruff, J. Cramer, George Hoosick, H. Snow, A. Gibson, Michael Fisher, J. H. McBee, John Claude, John Collins, S. Delaney, Thomas Frick, J. O. Ford, B. F. Gray, E. Harrington, Ben Hart, J. Kinney, Charles Long, Merrill G. Lothrop, J. Markell, John McClellan, M. J. Mind, O. N. Orland, O. Olsen, J. O. Phelps, James E. Peters, R. A. Ranney, P. Sherman, J. Trumbo, A. J. Drake, T. H. Weegs, Charles Wambold, Charles Wright and W. H. Bellows.
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