History of Dakota Territory, volume I, Part 116

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198

USA > South Dakota > History of Dakota Territory, volume I > Part 116

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Name of County or Precinct

Armstrong

Moody Brookings

Lincoln County

I9I

Turner County

Union County

494

307

178

Clay County

225

309

174

Hutchinson County

Pembina County

I30

Yankton County

357

212

257

152

IOI

118

122

Total

1,549

1,241

948

(Above includes the total vote canvassed.)

Rejected for informalities.

Armstrong

Moody Brookings

Goose River Precinct

Richville

Fargo

223

Wild Rice

Rose Lake. .

100

335

Cheyenne, Second Crossing. Jamestown

117

105

Brookings and Deuel Counties.

278

Charles Mix and Buffalo Counties.

349

Fort Wadsworth Precinct, Deuel County.

Traverse Precinct, Deuel County

Buffalo County, N. P. Crossing Missouri River

851

499

1,659

Total, rejected

1,521

1,298

2,322

H. S. Back, of Fargo, received one vote at Pembina and thirty-five votes at Fargo. J. Hunter received three votes in Minnehaha County.

Grand total, accepted and rejected. .

· 3,070

2,539

3,270

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The canvass of the returns for the other officers on the different tickets resulted substantially the same as the canvass for delegate, and elected the democratic and liberal republican ticket, made up of M. K. Armstrong, for dele- gate in Congress: James S. Foster, of Yankton County, for commissioner of immigration ; E. W. Miller, of Union County, for superintendent of public instruction ; Thomas J. Sloan, of Clay County, for auditor ; and G. C. Maynard, of Clay, for treasurer. The votes rejected were largely the votes cast by the railroad laborers along the line of the Northern Pacific and the same element in Deuel County, where the branch line from Marshall, Minnesota, to Lake Kampeska, Dakota Territory, was being graded. These voters were not citizens of Dakota, and it was a question whether all the votes so returned were cast by individual voters. It was, however, generally believed that there were legal voters who voted at Fargo, Jamestown, the Missouri crossing, afterwards named Bis- marck, and at Richville in Richland County. In the contests for seats in the succeeding Legislature, E. A. Williams, of Bismarck, was admitted, also Mr. Kelleher, of Jamestown, at first, but the contest was finally decided in favor of J. Q. Burbank, of Richland.

The election had been hotly contested between the republican factions led by Brookings and Moody, and not much attention was paid by the voters to the legitimacy of either's nomination. Mr. Moody's friends claimed that he had been fairly elected and lost possibly through the prejudiced action of the board of canvassers, all of whom probably supported Judge Brookings at the election ; and a contest for the seat of delegate was suggested.

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Bon Homme County

Minnehaha County

Pembina County

671

HISTORY OF DAKOTA TERRITORY

The presidential candidates in 1872 were :

Republican, President U. S. Grant; vice president. Henry Wilson, Massa- chusetts. Straight democrat-Charles O'Connor ; vice president, John Quincy Adams. Liberal republican and democratic-Horace Greeley; B. Gratz Brown. Anti-secret society-Charles Francis Adams; J. L. Barlow. National temper- ance-James Black ; John Russell. Woman's rights-Victoria Woodhull; Fred Douglass. Labor reform-David Davis, Illinois; Sterling Parker.

Delegates from Dakota to the democratic national convention, at Cincinnati, in 1872, were Bartlett Tripp, of Yankton, and H. C. Davidson, of Bon Homme.

Delegates from the Moody republican convention of 1872, to the national republican convention at Philadelphia, J. H. Burdick and Alexander Hughes.

Delegates from the Brookings republican convention were Laban H. Litch- field, of Pembina County, and John G. Mead, of Bon Homme County. Alternates, Jefferson P. Kidder, of Clay County, and Nye E. Phillips, of Minnehaha County.

Gen. W. H. II. Beadle, was appointed national committeeman for Dakota, by the national republican convention of 1872. The general was a compromise candidate, as both the Moody and Brookings delegations were admitted to seats in the national convention.

WHEAT AND FLOUR

The quantity of wheat produced in the Territory of Dakota in 1872, was set down at 2.275,000 bushels, divided among nine counties, as follows :

Union County. 700,000 bushels : Clay County, 650,000 ; Yankton County, 400,- 000; Lincol County 150; Bon HommeCounty, 100,000; Turner County, 50,000 ; Minnehaha. 5,000 . .. estimate was made of the production on the Yankton and Ponca Indian reserva- tions, nor at Flandreau where the Santec Indians had a settlement of fifty families and raised wheat and other farm products.

The number of flour mills completed in the territory in the white settlements was ten at that time, Clay County leading with four, one at Vermillion, at Bloomingdale, Lodi and Liberty. Bakers: Union County had two, one at Liberty and one on the Big Sioux near the mouth of Brule Creek. Turner County, one at Turner. Yankton, one at Yankton, completed that year : and two in Minnehaha, one of which was located at Sioux Falls, and the other at Dell Rapids, or Dell City, as it was called. McHenry & Maynard were building a mill at Maxwell, in Hutchinson County. Another mill was being constructed at Fairview, eight miles south of Canton, on the Big Sioux, by Thomas Sargent. The Excelsior Mills at Yankton was a very complete plant and had been erected by a company composed of Bramble & Miner, merchants ; William Bordeno, and John O. Bates.

CHAPTER LV

THE LEGISLATURE OF 1872-73-DEUEL COUNTY

IRISH IMMIGRATION CONVENTION-DELEGATES ON COMMITTEES IN CONGRESS- PREPARATIONS FOR THE CENTENNIAL-YANKTON LAND OFFICE-FORT BENNETT BUILT-LEGISLATURE OF 1872-73-DEUEL COUNTY VOTE-PETTIGREW OF MINNE- HAHA-LEGISLATIVE ENACTMENTS-DAKOTA HERALD ESTABLISHED LAND SUR- VEYS IN NORTHERN DAKOTA-GENERALS AND

SHERIDAN HANCOCK VISIT DAKOTA.

IRISII IMMIGRATION

The proportion of Irish immigration to the Territory of Dakota had been, from the earliest days of settlement, equal to that of other foreign nationalities, except possibly the Scandinavians, up to the year 1872, notwithstanding which a number of public-spirited sons of the Green Isle resident in Clay, Union and Yankton counties, impressed with advantages Dakota offered to the industrious classes of all nations, conceived a plan for an organized effort to induce their countrymen to make their homes in the new Northwest, Dakota preferred. Ac- cordingly, pursuant to a published call, a convention of northwestern Irish-Amer- ican citizens assembled at Vermillion, Dakota, on Thursday, September 19, 1872, for the purpose of devising the best means to promote, aid and encourage Irish immigration to the Northwest. Delegations were present from Northwestern Iowa, Northwestern Nebraska, and from nearly every organized county in the territory, though the number of organized counties at the time was limited to twelve.

Hon. John Stanage, of Yankton County, was elected chairman, and T. J. Sloan, of Clay, secretary.

No detailed report of the proceedings has been preserved. The reports of the committees, however, found its way into the public prints of that day, and show the spirit and commendable aims of the convention. The Committee on Reso- lutions reported as follows :

Whereas, It has pleased God that the pressure of had government, and the force of cir- cumstances and of choice, has transplanted one-half of the Irish race from their own soil to this free land;

And Whereas, Many of our brother Irishmen. through poverty, negligence and apathy. have located in the densely populated districts of the East, where if they remain, many of them must remain poor, indigent, and subject to the contaminating influences of city life :

And Whereas, Our experience has tanght us that life in the West is conducive to the independence, wealth, diginity, health, honor and purity of Irishmen and their families : wherefore, be it resolved :

First, That we earnestly invite and beseech our people in Ireland, Canada and the East to seek new homes in this free, independent, healthy and productive land;

Second, That we appeal to our wealthy, powerful and educated countrymen in the East to foster. promote and encourage Irish emigration to the Northwest;

Third, That we, the Irish-American and cosmopolitan citizens of this convention, pledge our experience, sympathy and aid to such of them as may come.

The Committee on Experience and Addresses, submitted the following :

We, the Committee on Experience and Address, recommend that the chairman call upon the citizens of this convention, residents of the Northwest, to write their individual

672

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HISTORY OF DAKOTA TERRITORY

experience in the West, and place it in comparison with the East, and that such experience be published for the information of emigrants.

Accordingly the chairman selected the following named for this work :

llon. James Mellenry, miller, merchant and farmer, Clay County, D. T .; C. D). Owens, physician and surgeon, Clay County. D. T .; Judge Smith, attorney- at-law. Vermillion, Clay County, Dakota .; T. J. Sloan, territorial treasurer, Ver- million, Dakota; T. F. Singiser, editor, Yankton, Dakota; L. MeCarthy, whole- sale grocer, Sioux City, Iowa; Michel Ryan, Barney Mohan, lick Keevil, and Mike Curry, farmers, Union County, Dakota.

Mr. L. McCarthy, chairman of the Committee on Ways and Means, made a very detailed verbal report, in which he gave some very practical suggestions. and promised to embody in his written report the salient points as embodied in his verbal statement.

The convention then adjourned subject to the call of the chairman.

The result of the subsequent efforts made by the members of this com- mendable movement may be best told by the Irish American citizens who have. in goodly numbers, since made their homes in Dakota.

DELEGATES TO CONGRESS ON COMMITTEES

Until the year 1872, delegates to Congress from the territories were not given a place on any of the committees, but were occasionally called before a com- mittee, for the purpose of giving information upon some obscure point con- nected with territorial vassalage. In 1872, Hon. Samuel Randall. of Pennsyl- vania, reported a resolution authorizing the speaker to appoint the delegate from the District of Columbia to the Committee on the District, and one delegate to the Committee on Territories. The resolution was strongly opposed, on the ground that the delegate not being a member of Congress, could not exercise the function of a committeeman. The resolution, however, finally passed, having a saving clause, that the delegate should have no authority or privilege beyond that given him on the floor of the House. The territories at that time, particularly the Territory of Dakota, were sending men of superior ability and tact to repre- sent them in the National Legislature, and the average congressman from the states may have apprehended that they would try to run the whole Government if given enlarged privileges-the if given "an inch they would take an ell," which they would at times have been fully justified in doing.

But it is probable that this dependent and indigent condition was not to their disadvantage, for the delegate without exception, found always some strong. influential senators and congressmen, who took his part manfully and usually carried his measures through, exacting as his reward the advice and aid of the delegate to secure for his own constituents some lucrative appointment in the territory concerning which the delegate was qualified to furnish all the informa- tion desired. Dakota Territory occupied quite a prominent position in the legis- lation of Congress during its entire twenty-eight years of wardship under the Organic Act. It was the most important district under the Department of War because of its large Indian population and its Indian wars, requiring the erection of expensive forts ; and it was also the most important division of the work of the Interior Department for the same reason, and for the further reason that the political government of the territory devolved on the Interior Department. From 1870 to 1880 the Indian question was the paramount subject before Con- gress, reaching its turning point or crisis in 1876, and to some extent modifying the popular regard for the Centennial Exposition.

CENTENNIAL EXPOSITION

As early as 1872 preparations were begun for the celebration of the One Hundredth Anniversary of the Independence of the United States, the formal Vol. 1-43

674

HISTORY OF DAKOTA TERRITORY

observance of which was appointed by Congress to be held in the City of Phila- delphia, where the Declaration of Independence was signed and proclaimed on the 4th day of July, 1776. The finances necessary to pay the expenses of preparing for the grand event, which was to be a World's Fair, and known as the Centennial Exhibition, were raised by stock subscriptions. The capital stock was placed at $10,000,000, and was apportioned among the several states and territories, according to the population as ascertained by the Decennial census of 1870. Dakota Territory, having at that time a population of 14,111, was given the opportunity to subscribe for 368 shares of this stock at Sio per share, and the whole amount was taken, realizing $3,680. Hon. Solomon L. Spink, ex-secretary of the territory, and George Alexander Batchelder, also ex-secretary, successor to Mr. Spink, were the first Centennial commissioners on the part of the terri- tory. Mr. Spink had also served a term as delegate to Congress.

THE LEGISLATURE OF 1872-73

The session of the Legislature of 1872-73 was remarkable for its contested seat cases, and also for an alliance between one faction of the republican party known at the time as the Moody faction and the democratic members. The other faction of the republican party was known as the Brookings faction. They had these names from the leaders of the divided party in the late delegate election. This alliance had been formed immediately preceding the meeting of the Legis- lature, though it did not involve the organization of the two Houses which was effected by the republicans acting together. But immediately after the organiza- tion the allied forces passed a public printing bill and elected a public printer, the intention being that this patronage should be given to the Moody newspaper and the profits to be shared by the democratic or Armstrong newspaper, at Yankton. This public printing was left by the Government entirely to the discretion of secretary of the territory, as the Government provided for and paid for it, and that official had made a contract for this work at the opening of the Legislature with the Yankton Press. the Brookings organ at the capital, and under this con- tract the Press went forward and did the work, which was duplicated for a time by the public printer elected by the Legislature, who had given a bond, however, that he would make no claim against the territory for the work he performed, but would look to the Government for his remuneration. As Mr. Moody was con- templating a contest for the seat in Congress which had been awarded to Arm- strong, the democrat, on a small plurality, it was confidently expected that he would be able to secure the payment for this work as soon as he took his seat. This novel situation induced the territorial secretary to report the peculiar state of affairs to the interior department at Washington, and he received a prompt response confirming the contract he had made and stating that no allowance would be permitted for any printing performed unless it had the said secretary's ap- proval. This letter was laid before the legislative bodies. By this time the demo- cratic members awoke to the danger to Armstrong, if Moody should prosecute his contest, and they readily agreed to reconsider their share in the public print- ing matter, the former action was annulled, and all matter requiring to be printed was ordered sent to the secretary of the territory. There was no further trouble over that phase of the question, but a new danger now confronted the democrats, who supposed that they had elected Armstrong as delegate at the preceding election. the same election that had elected this tri-party Legislature ; but it was now evident that the delegate question was to a large extent involved in the disputed seat contests, which were a part of the original combination, and if the democrats held to the alliance and gave to the Moody contestants the seats that were in contest between the two republican factions, they would be com- pelled to go behind the returns upon which the board of territorial canvassers had acted in awarding the election to Armstrong; giving that gentleman the certifi- cate, and admit the validity of a vote which Candidate Moody could base a contest

675

IHISTORY OF DAKOTA TERRITORY

upon, with considerable promise of throwing Armstrong ont ; and it was unoffi- cially stated that Mr. Moody could go before Congress as a claimant for the seat, basing his action upon some 2,000 votes that were cast for him mainly in the northern part of the territory, in which section a gentleman named Stone, a Moody democrat had been a candidate for the Council, and was contesting for the seat held by Stutsman of Pembina. The Big Sioux Valley from Lincoln County to the northern limit was also involved in contests that evoked much bitterness and occupied more or less of the time and attention of the Legislature to near the end of the session, the leading party in these contests being Hon. R. F. Pettigrew. of Minnehaha County, who at that time was trying his earliest "pinions" in politics in Dakota ; and in the particular contest in which Mr. Pettigrew's seat was in- volved, it so happened that both contestants and contestees were Moody mien, so in that instance the House was divided against itself should the democrats con- tinne the alliance. This contest had to do with the election in Deuel County where the Northwestern Railroad had a force of graders at work in 1872, and it was alleged they did the voting, but were not voters in the territory. The pro- ccedings of the Legislature tell the story of this contest.

When the Legislative Assembly assembled in December. the members-elect who had supported Colonel Moody were more numerous than those who had supported Judge Brookings, but as all claimed to be republicans, and in order to organize the assembly with republican officers the factions united by giving to Mr. Moody's friends the president of the Council and the speaker of the House, and many of the minor offices. Moody was the lion ; Brookings was the lamb. The twain laid down together, the lion on the outside of the lamb.

An important contest came up from the Sixth Legislative District which embraced all the organized and unorganized counties in the Sioux Valley begin- ning at Lincoln County and extending through Minnehaha, Brookings and Denel to the 46th parallel of north latitude, and included also the County of Turner. This district elected a councilman and four representatives. The vote of Deuel County decided the election and was alleged to be fraudulent. There were com- paratively but very few actual settlers in the county, but the Winona & St. Peter Railway was being graded and workmen had begun grading west of the Minne- sota line on the route to Lake Kampeska, a few weeks before the election. The contest in the House was between J. M. Wahl, of Lincoln, and R. F. Pettigrew, of Minnehaha, on one side, who had been given the seats on the face of the returns ; and A. B. Wheelock, of Lincoln County, and G. R. Roberts, of Minne- haha County, on the other. All had been supporters of Colonel Moody, which made it decidedly unpleasant for that faction ; and as it hung along from day to day for nearly two weeks entangled with other factional interests, it became quite a celebrated case. There was also a seat in the Council held by Mr. G. W. Harlan, of Lincoln County, a Moody republican that would be given to a demo- crat, Mr. Jeremiah Gechon, of the same county, in case the alleged fraudulent vote was thrown out. This factor had the effect of weakening the alliance of the Moody republicans with the democrats, and in fact became the controlling point that resulted in destroying the alliance and practically aflying the demo- crats with the Brookings republicans.

On the face of the returns made to the office of the secretary of the territory. the vote of the entire district for Wahl was 619: for Pettigrew, 592. The con- testants Wheelock had 302, and Roberts. 392. By exchiding Brookings and Denel counties it would stand-Wahl, 341: Pettigrew, 302. Wheelock, 378; Roberts, 378.

The tenth session of the Territorial Legislature convened at the legislative halls, in Stone's Block, Yankton, on Monday, December 2, 1872.

The House was called to order by George I. Foster, chief clerk of the House in 1870-71, who called the roll of members-elect, as follows :

First District. U'nion County-Silas Rohr. Michael Glynn. Cyrus Knapp, Wil liam Hamilton, Samuel Ashmore. Second District, Clay County-Ole Bottoli

676

HISTORY OF DAKOTA TERRITORY

son, James Hyde, A. J. M. Mills, George Norbeck, Jens Petersen. Third Dis- trict, Yankton County-Ephraim Miner, John Becker, Theodore A. Kingsbury, Jacob Brauch. O. C. Peterson. Fourth District, Bon Homme and Hutchinson counties-Bligh E. Wood, J. W. Garland. Fifth District, Charles Mix and Buf- falo counties-Foster T. Wheeler, Joseph Langlois. Sixth District, Lincoln, Minnehaha, Turner, Brookings and Deuel counties-John Thompson, Newton Clark, Martin Trygstad, R. F. Pettigrew, John W. Turner, J. M. Wahl. Seventh District, Pembina and Hanson counties-Judson LaMoure.

Judge W. W. Brookings, of the Supreme Court, administered the oath of office to the members. Prayer was offered by Rev. Joseph Ward, of Yankton. The House then proceeded to the election of officers, as follows :

Speaker, A. J. Mills, of Clay County; chief clerk, Charles F. Mallahan, of Union ; assistant clerk, John Q. Burbank, of Pembina ; sergeant-at-arms, Byron E. Pay, of Brookings; enrolling clerk, Bucklin H. Wood, of Bon Homme; mes- senger, Adolph Mauxsch, of Yankton ; fireman, David Thompson, Lincoln ; chap- lain, Rev. Joseph Ward, Yankton,

The House after installing its officers, adjourned until Io o'clock the follow- ing day.

The members-elect of the Council assembled at their chamber at 12 o'clock, M., Monday, December 2, 1872. George T. Rea, ex-secretary, called the roll of members when the following councilmen answered to their names: First Dis- trict, Union County-Alexander Hughes, O. F. Stevens, Henry Smith. Second District, Clay County-Nelson Miner, Joseph Mason, E. B. Crew. Third Dis- trict, Yankton County-C. H. Mclntyre, D. T. Bramble, John Lawrence. Fourth District, Bon Homme and Hutchinson counties-H. P. Cooley. Fifth District, Charles Mix and Buffalo counties-W. T. Mckay. Sixth District, Lincoln, Turner, Minnehaha, Deuel and Brookings counties-G. W. Harlan, of Lincoln. Seventh District, Pembina and Hanson counties-Enos Stutsman.

The oath of office was then administered by Chief Justice French.

The Council then elected E. B. Crew, temporary president.

Prayer by Rev. J. T. Walker, of Yankton. The permanent organization was then effected by the election of the following officers:

President, Alexander Hughes, Union ; secretary, George I. Foster, Pembina ; assistant secretary, W. H. Ball, Lincoln; enrolling clerk, R. Mostow, Clay ; sergeant-at-arms, Thomas Reed, Yankton; messenger, Knud Simonsen, Clay ; fireman, C. Bensen, Union ; chaplain, Rev. J. T. Walker, Yankton.

The officers were sworn in by the chief justice when the body adjourned until IO o'clock, the third.

On the second day the only business transacted by the House was the appoint- ment of committees to notify the Council and the governor of the organization. On the third day in the House. Joseph Roberts, of Minnehaha, filed a notice claiming the seat occupied by R. F. Pettigrew, of Minnehaha County. A. B. Wheelock, of Lincoln County, also gave notice that he would contest the seat occupied by J. M. Wahl, of Lincoln County. E. A. Williams, of Edwinton, Buf- falo County, gave notice that he would contest the seat of Foster T. Wheeler, of Charles Mix County. A resolution was also presented by Mr. Turner asking that Norman B. Campbell, of Bon Homme County, be admitted to the seat occupied by J. W. Garland.

The foregoing contest cases were all referred to the Committee on Elections, composed of Representatives Jacob Brauch, Ole Bottolfson, J. W. Turner, Martin Trygstad, and Silas Rohr.

In the Council, on the second day, Mr. Bramble presented notice of contest on behalf of Jeremiah D. Flick, of Hanson County, against W. T. Mckay, of Charles Mix and Buffalo counties. Also a notice of contest by Jeremiah Geehon, of Lincoln, against G. W. Harlan, of the same county. These contest cases were referred to the Council Committee on Elections composed of Messrs. Law- rence, Smith and Mason.

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History of Dakota Territory, volume I, Part 116

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920 Publication date: 1915 Publisher: Chicago, Ill. : S.J. Clarke Publishing Company Number of Pages: 1198

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198