History of Dakota Territory, volume I, Part 37

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

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Privileges and Elections-Messrs. Tiernon, Wallace and Wood. Ways & Means-Messrs. Armstrong, Donaldson and McBride. Judiciary-Armstrong, Puett and Donaldson. Agriculture and Manufactures-McBride, Maloney and Burgess. Military Affairs-Stanage, Waldron and Maloney. Internal Corpora- tions-Puett, Armstrong and MeBride. Engrossed and Enrolled Bills-Puett and Donaldson. Counties-Tiernon, Wallace and Maloney. Corporations-Puett, Armstrong and Jacobson. Library-Waldron, Tiernon and Burgess. Common Schools, Universities and Colleges-Puett, Wallace and Jacobson. Federal Rela- tions-Waldron, Wood and Tiernon.

In the council the standing committees were thus made up: Judiciary- Messrs. Bramble, Stutsman and Boyle. Education-Boyle, Betts and Brookings. Military Affairs-Gregory, Brookings and Doyle. Incorporations-Deuel. Boyle and Stutsman. Highways, Bridges and Ferries-Bramble, Deuel and Gregory. Public Printing-Stutsman, Bramble and Cole. Counties-Cole, Deuel and Betts. Territorial Affairs-Bramble, Stutsman and Cole. Agriculture-Betts, Brook- ings and Boyle. Expenditures-Boyle, Betts and Brookings. Finances-Stuts- man, Deuel and Betts. Engrossed and Enrolled Bills-Brookings and Betts. Federal Relations-Gregory, Stutsman and Deuel.

The location of the seat of government of the territory was the bone of con- tention during the early part of this session, and not a great deal was done in the

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way of law-making until that prize was allotted. Yankton and Vermillion were the rival candidates, and it was generally understood by the Yankton people that the matter had been satisfactorily adjusted in favor of Yankton at the time the Legislature organized by the distribution of the principal honors; but the sub- sequent proceedings did not justify this view of the question unless we inferen- tially charge one or more of the parties to the compact with double dealing. It was understood that Mr. Piney was to give Yankton his support in return for the speakership, but the Legislature was not a week old when it became manifest that he was not friendly to Yankton's ambition, and the Yankton members were very much disturbed. The House was nearly equally divided on the capital mat- ter. Out of the thirteen votes there were four members from the Vermillion and West Vermillion district and it required but three more to give them a majority. Waldron, of Minnehaha and Donaldson, of Pembina, were against Yankton and would vote for Vermillion but were presumed to be laboring to prevent a loca- tion at this session, thus giving Sioux Falls a future opportunity. Mr. Pinney held the balance of power. In general ability he was the peer of any member and in fertility of resource he was more than a match for any one of them. He was that sort of man in a convention or Legislature that the others would watch with apprehension of mischief. A harmless motion to adjourn from him would be accepted by half the members as portending a plot. As Vermillion had been an outspoken candidate for the capital it is not to be presumed that the members from the East Vermillion and West Vermillion districts had given any assurance that they would support Yankton but Mr. Pinney was from Bon Homme. and Bon Homme had been given the position of honor and double-pay of speaker of the House and president of the council, and this would not have been done in the absence of any understanding regarding the capital location.

Hugh Donaldson, who had been detained on his way from the Red River dis- trict reached Yankton and was sworn in on Friday, the fifth day of the session.

In the council on the eleventh day of the session Mr. Stutsman introduced a bill "to locate the seat of government of Dakota Territory" at Yankton. It was read twice, referred to the Committee on Territorial Affairs, reported favor- ably on the thirteenth day and taken up for third reading when Mr. Boyle moved an amendment to strike out "Yankton" and insert "Vermillion." The amend- ment was lost and the bill was then passed by the following vote: For the bill Messrs. Bramble. Brookings, Cole, Stutsman and Mr. President. Against, Messrs. Boyle and Betts, of Vermillion. Deuel and Gregory did not vote. The bill was transmitted to the House, where on the seventeenth day of the session it was called up by Mr. Armstrong, and laid on the table, and on the day following it was considered in committee of the whole, with Mr. Puett in the chair, when Mr. Pinney moved an amendment to strike out "Yankton" and insert "Bon llomme" which was lost by a vote of five to eight-Donaldson, Puett, Waldron, Wood and Pinney voted for the amendment and Armstrong, Burgess, Jacobson, McBride, Maloney, Stanage, Tiernon and Wallace voting against it. Pinney then moved to strike out "Yankton" and insert "Vermillion" which was adopted. the vote being seven to six-as follows: For the amendment, Burgess, Donald- son, Jacobson, Puett, Waldron, Wood and Pinney. Negative-Armstrong, Mc- Bride. Maloney, Staniage, Tiernon and Wallace. The committee rose, but did not report, and the next day Armstrong called the matter up, and moved that the bill be referred to the Committee on Counties with instructions to strike out "Ver- million" and insert "Yankton.'

The chair ruled that the motion to instruct violated the rules. Mr. Arm- strong appealed and the House sustained the appeal by a vote of ten to three, Messrs. Armstrong, Burgess, Jacobson, McBride, Maloney, Stanage, Tiernon, Wallace, Wood and the Speaker Pinney voting to sustain the appeal. While Donaldson, Puett and Waldron voted in the negative. This vote was a puzzler, and the anti-Yankton men moved to adjourn until Monday, which motion was lost. Donaldson, Puett and Waldron became somewhat active and made numer-

COUNCIL CHAMBER. YANKTON

Where first Territorial Council was held in May. 196?

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ous efforts to stay any further vote on the bill, but the House finally voted, nine to four, to refer the bill to the Committee on Counties. The affirmative votes were Armstrong, Burgess, Jacobson, McBride, Maloney, Stanage, Tiernon, Wal- lace and Wood. Negative, Donaldson, Puett, Waldron and Pinney. The next day, Tiernon, chairman of the Committee on Counties, presented a report on the bill, which the speaker ruled out of order and in violation of the rules. Arm- strong moved a suspension of the rules and the reception of the report, which the chair ruled out of order, and Waldron asked for the enforcement of the rules. After a heated discussion at the same daily session the bill was taken up and passed as amended, by inserting "Vermillion" in place of "Yankton." The vote on its final passage being unanimous. The bill was now returned to the council, where it was immediately considered by the council which by a vote of six to two refused to concur in the House amendment, and instructed its secretary to notify the House immediately of its action. This was done; and there appears to have been a radical change in the sentiment of the House members during the time the bill was in the hands of the council, for on its return Armstrong moved that the flouse recede from its amendment to the bill which motion was supported by all except Puett and Waldron. The bill was then passed as it came from the council originally, by a vote of ten to one. Messrs. Armstrong, Burgess, Donaldson, Jacobson, McBride, Maloney, Stanage, Tiernon, Wallace, Wood and the speaker voting affirmatively-eleven. Waldron did not vote, and Puett voted in the negative.

During the session excitement was at fever-heat, and the lobby was packed with spectators. Early in the proceedings a body of United States troops from Company A, Dakota Cavalry with muskets entered the hall and marched to the speaker's stand where they remained during the session. Their commander, Lieutenant Plughoff stated that they came on the order of the governor by re- quest of Speaker Pinney to prevent riot and disorder. Great indignation was created by this demonstration and it was the subject of subsequent investigation by both the council and House.

These final proceedings on the capital bill took place on Saturday, the twentieth day of the session ; the bill was promptly approved by the governor the following Tuesday, April 8th, and Yankton was "out of the woods." Mr. Pinney's singu- lar course on this bill was never satisfactorily explained. He was a young man of towering ambition and now aspired to leadership in the republican party. He had been mainly instrumental in the movement of 1861 by which Bell was nomi- nated for delegate to Congress at the republican convention at Vermillion, a result it was claimed that Pinney was not apprehending, desiring the nomination him- self. Another delegate election was to be held in 1862; Governor Jayne was com- ing to the front as a candidate and was supported by the Yankton republicans. Pinney's course would indicate a purpose to popularize himself with the anti- Yankton sentiment and by advising the sending of troops to the House he must have expected that it would create a sentiment of hostility toward Governor Jayne throughout the territory, and the governor's immediate and frank statement that Pinney, as speaker, had requested the troops to prevent riot and disorder, was all that saved him from popular obloquy. Pinney, with all his remarkable mental qualities, was inclined to be erratic.

In this matter it would appear that he had built his plan upon a shaky foun- dation for it all went to pieces in an hour, and even the Vermillion representa- tives, except Puett gave their support to Yankton. But there must be a sequel to this trouble and it came out the day after the capital bill was approved. Im- mediately after the House assembled on that day the clerk read the following communication :

Gentlemen of the House of Representatives:

Reasons which are quite satisfactory to myself prompt me to resign the office of speaker of this House, and in tendering my resignation, I wish to offer the members of this llouse very many thanks for the honor which they conferred upon me by electing me to

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the office without a dissenting voice. Hoping that you will be able to agree upon my suc- cessor, you will confer a favor upon me by accepting this resignation without hesitation or delay, 1 subscribe myself,

Your obedient servant, GEO. M. PINNEY.

On the motion of Mr. Armstrong the resignation was accepted and Mr. Pinney then vacated the chair, took the floor and nominated John L. Tiernon, Fort Randall, for speaker. Tiernon was elected by an unanimous vote, and there was peace in the House for the remainder of the session.

The law locating capital at Yankton was in the words following :

An Act to Locate the Seat of Government of Dakota Territory.

Be it enacted by the Legislative Assembly of the Territory of Dakota :

Section 1. That the seat of government of the Territory of Dakota be, and the same is hereby located and established, in a central part of the town of Yankton, on section eighteen (18) in township ninety-three (93) north range fifty-five (55) west of the fifth principal meridian, in the County of Yankton.

Sec. 2. This act shall take effect and be in force from and after its passage and approval by the governor.

Approved, April 8, 1862.

W. JAYNE, Governor.

As an explanation of the final settlement of the capital in favor of Yankton and the summary manner in which it was finally disposed of, the reader's atten- tion is invited to the passage of a bill locating the territorial university at Ver- million and the territorial penitentiary at Bon Homme, together with memorials praying Congress for a grant of lands for both institutions. The generations of that day no doubt failed to realize how pernicious their example would become, for many years later the bonds for an agricultural college at Brookings were voted and the capital removed from Yankton to Bismarck at the same session of the Legislative Assembly.

The employment of United States troops as a measure of precaution to pre- vent serious trouble in the House aroused great indignation. It was looked upon as a despotic attempt to over awe the members of the House and coerce them in their official action and as the responsibility for such an extraordinary exercise of authority was not definitely known and fixed, Mr. Stutsman presented a resolution to the council requesting the appointment of a committee "to call on the governor" and request his reasons for placing an armed body "of soldiers in representative hall." Stutsman, Cole and Dettel were appointed the committee and performed their duty without delay. The next day this committee reported as follows:

Mr. President :

Your special committee appointed with instructions to call on his excellency, the governor, and demand his reason for placing an armed body of troops in the representative hall yesterday, while the House was in session, beg leave to report that we called upon the governor, and after presenting the resolution of the council, received a verbal statement of facts about to the following effect: One Geo. M. Pinney, speaker of the House, repre- sented to the governor, verbally and in writing, that there was imminent danger of the peace and quiet of the House being disturbed by persons in and out of the House, and said Pinney demanded protection of the governor. In compliance with said demand, his excel- lency issued an order to Lieutenant Plughoff, a copy of which is hereto attached and made a part of this report. After a full examination of all the facts in our possession your committee believe that by false representations made by said Pinney and others, the governor. with the best intentions, did an unnecessary act, thereby offering an insult to the representatives of the people, to the citizens of Yankton and to the territory at large. And your committee believe that the said order of the governor and the scandal thereby created, were wholly occasioned by the false and slanderous representations of said Pinney and others. All of which is respectfully submitted.

Yankton, Dakota Territory, Executive Office, April 7, 1862.

E. STUTSMAN, A. COLE, J. DEUEL,

Committec.

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Lieutenant Plughoff,

Commanding Dakota Cavalry.

Sir :- I have been informed by a written communication received from Hon. Geo. M. Pinney, speaker of the House of Representatives, that from threats and representations received from reliable sources, that he fears that the business of the House will be inter- rupted by violence, and he calls on me for foree to protect the House in the lawful pursuit of its duties. You are directed to proceed to the hall of the House tomorrow morning, at half past 8 o'clock A. M., with twenty men, for the purpose of protecting the House white in the peaceful pursuit of its business, from violence. It will be your duty to aid the speaker in preserving order, and to arrest any person violating the peace, and quiet, and decorum, of that body.

I am, very respectfully, WM. JAYNE, Governor. Commander in Chief Dakota Militia.

No further action was taken by the council.

The feeling of the Vermillion councilmen over their defeat in the capital mat- ter led to a great deal of acrimonious discussion among members and others out- side the legislative session. There was one occasion at a dinner party at the Ash Hotel when Councilman Boyle, the Vermillion champion, and Councilman Stutsman, who was Yankton's leader, had some hot words. Stutsman was crip- pled from birth but he was every inch a fighter and amply able to take care of himself if he could get his hands on an antagonist. Something like the lie passed. Boyle seized the ketchup bottle and flung it at Stutsman's head, narrowly missing him. "Stuts" retaliated with a fusillade of tumblers, cups and the skeleton of a fowl that had contributed to the feast. The combatants then flung themselves forward across the table for a finish fight, which might have resulted seriously had not friends interfered and led the enraged gentlemen out into the air by dif- ferent exits and walked them around until their ardor for a fight had time to cool, which it did, and they soon after joined hands in token of forgiveness and forgetfulness.

Antoine Robeart's saloon was the rendezvous not alone of the merry-makers but of the statesmen with important matters of state to discuss; of politicians who had plots to lay and plans to make : it was a meeting ground for all classes. and reveling in a mild way was nightly witnessed within its walls, where songs were sung and speeches were made and stories related, and the news was dis- cussed. It was quite a center of interest at all times and especially during the Legislature of March, 1862, although as a rule the law makers of Dakota from first to last, as they appeared at Yankton, were not immoderate drinking men. and we cannot recall an instance of the intoxication of a member of either body during the session of any Legislature that met at Yankton covering a period of twenty-one years. It is more than probable that Antoine's attractive hall would have been less visited had there been other places, as there were later, for legis- lators and lobbyists to get together. In connection with Robeart's place an inci- dent occurred during the pendency of the capitol fight that deserves mention. A large party of gentlemen had retired to the rear room of the saloon to discuss the situation. Suddenly the window. opening upon Third Street, flew up and Speaker Pinney popped out as though there had been a force behind him, and started down the street at a gait that was faster than a walk and slower than a run. Behind him pursued another member of the Legislature, and behind this member was Robeart swinging his arms furiously and behaving like a person very highly enraged. Pinney walked briskly across Broadway, and as he went along drew a pistol from a pocket. When he reached the east side of the street he stopped short and allowed the others to overtake him. Observing a remarkable change in the manner of the two pursuers when they reached Pinney's side, indi- cating that their belligerent ardor had moderated, it was evident that they had seen the weapon in Pinney's hand, and it was fortunate for both parties that they did not crowd him, for his subsequent career in Montana proved him a man of nerve who would use his gun if occasion called for it. The conversation that followed was not intelligible to parties who had witnessed the affair, but the Vol. I-14

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gestures made by the pursuers were not belligerent, nor was their posture one that meditated assault.

Pinney shot and killed a former lieutenant governor of Wisconsin, named Beall, of Ilelena, Montana, a few years later, an account of which appears else- where ; which would justify the assumption that he had decided to use his weapon on this occasion, and would have done so had there been sufficient provocation.

The first Legislature adjourned on the 16th day of May after a session of sixty days. It had enacted a body of very good laws, including criminal, civil, justice and probate codes ; had defined the boundaries of the counties of Yankton, Clay, Cole (now Union), Bon Homme, Charles Mix and Brughier (now Buf- falo), also Jayne and Hutchinson counties on James River ; also Lincoln, Minne- haha and Brookings counties on the Big Sioux, and Deuel County east of Lake Kampeska : also Todd and Gregory counties, west of the Missouri and north of the Niobrara ; also Cheyenne, Stevens, Chippewa and Kittson counties in the val- ley of the Red River of the North. In some cases like that of Yankton the county seat was located in the act, and in others provision was made for voting on the question, which was done in Cole County ; an act to provide for locating county seats was passed; a number of territorial roads were authorized and a score or more of ferry charters granted; three private divorce bills were passed, and a general divorce law ; also a good common school law, revenue, election and militia laws. There was only a slight change in the apportionment of members of the Legislature; this was an act giving to the Red River country one council- man and two house members. A law fixed the time of the annual election on the first Monday of September, and the time of the meeting of the Legislature on the first Monday of December. Nearly every legitimate subject was covered by various enactments, and the general sentiment was that the legislative body had acquitted itself very creditably in covering the field of necessary legislation so thoroughly. When the time came for adjournment the best feeling prevailed. All the unfriendliness occasioned by the capitol contest had apparently disappeared and the members sought their homes impressed with a conviction that they de- served to have it said of them: "Well done, good and faithful servants." And after a lapse of half a century one can find little unfriendly criticism of the work of this first session.

There was a third house organized during the week following the regular organization of the Legislature, with Capt. F. M. Ziebach as squatter governor, and James Tufts, speaker. (Governor Ziebach takes his title from this incident.) Ordinarily a matter of this kind would be deemed of very small importance, but for Yankton at that time, it was everything in the way of social entertainment. for fortunately its meetings were genuine feasts of wit and wisdom. With the exception of two or three social dances, the third house was the only public enter- tainment Yankton could offer.

The hotel and boarding house accommodations combined were severely taxed to accommodate the legislative members, officers, the military, the lobby and the traveling public. so that the ladies of the territory whose husbands were connected with the Legislature could find no place suitable to reside in had they been dis- posed to remain at Yankton during the legislative session. The capital was not therefore a very attractive place socially during the first or second session, and many improvements and plans that would have added largely to the attractions of the town were necessarily abandoned and undeveloped during the summer of 1862, because of the serious character of the Indian troubles. This is to be regretted because of the opportunity lost to the pioneer ladies of the territory to meet and become acquainted, and to make the acquaintance of the members of the Legislature, who were then emerging from comparative obscurity into a larger field where many of them were destined to become conspicuous in territorial affairs, wielding a strong influence in the arena of politics. To an intelligent and observing lady. a season at the capital in that pioneer day would have afforded her much enjoyment and probably embellished her memory with a fund of recol-

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lections regarding the notable people she had met during her sojourn, and how they appeared to her as promising an eminent future, and a score of incidents which in her later years she could narrate to her children and friends to their great delight and entertainment. It is to be regretted that Yankton at that time was not better prepared to fulfill its functions as host, and thus have preserved to posterity, through the storehouse of many memories, a thousand incidents that after generations would have appreciated. All this is lost, like the rose that blos- somed in the desert and wasted its sweetness there.

There had been a great deal of wintry weather during the session. An unusual amount of snow had fallen and immense drifts had accumulated in places and were still visible when the Legislature adjourned. When the ice broke in the Missouri that spring, a gorge was formed in the big bend below the mouth of James River, backing the water up the stream and overflowing the bottom lands between Yankton and Vermillion and below; the overflow extending to the Big Sioux. In many places the sheet of water was twelve miles wide, stretching across from the Nebraska bluffs to the Dakota highlands. The settlers on the bottom hurriedly sought refuge on the highland, removing their household effects and live stock. The water finally broke over the Missouri bank between Picotte Street and the Rhine Creek at Yankton, swept across to the valley of the James, covering the low lands and forming a vast lake ten miles broad by thirty miles long. Travel between Yankton and Sioux City was confined to row boats and the mails were carried in small skiffs. Parties who patronized the boats followed the stage route as near as practicable, and enjoyed themselves spearing catfish along the way, that weighed from twelve to thirty pounds each, if they told the truth about it. The Greenway Ferry was used as a freight boat during an emergency, between Yankton and Vermillion, and landed its freight on the O. B. Wheeler farm, now Major Ilanson's sightly "Prospect Place" two miles below town. The inundation continued three weeks, and the Indians declared that it far surpassed any of the overflows that had occurred during their generation. It may be well to mention that while this overflow practically covered the Missouri bottom from Yankton to the Big Sioux, the land at the lakes, now Gayville, was not submerged, and the same is true of Meckling and of Elk Point. There were a few other spots that kept their heads above water.

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History of Dakota Territory, volume I, Part 37

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