History of Dakota Territory, volume I, Part 45

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 45

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

254

HISTORY OF DAKOTA TERRITORY

they came into view of the Santee Camp there was a great shouting and halloing, drums were beating and the Indians cocked and leveled their guns at the boat to bring it ashore. Galpin saw that he must land or they would probably all be killed, the Indians being well armed, and he turned the boat in shore. As soon as he reached the bank the three Yanktonnais jumped out, seized the boat and pushed it back into the river, telling Galpin to go on regardless of the threat of the San- tees. The Yanktonnais did not care to risk another parley with this large party, but felt confident that they could restrain the Santees from firing on the boat, and they did. Just as the Galpin party had got fairly started a white woman came running down the bank of the river and implored him to release her. This he was powerless to do, but promised to send a ransom after he reached Fort Pierre that would secure her release and that of the other prisoners. She told him her name, which he did not hear distinctly but he understood her to say that she was a daughter-in-law of John Price or Rice, of Green County, Illinois. In the mean- time the three Yanktonnais were able to prevent any attack on the boat by the Santees. As soon as practicable after the Galpin party reached Fort Pierre, where the major had a trading post, he sent a delegation to purchase the prisoners, who took with them twenty horses and a large supply of provisions with which to pay the ransom. It was learned at Fort Pierre that the prisoners numbered two women and six children. The band of Santees having them in custody was under the command of White Lodge. The foregoing particulars were learned from the lips of Major Galpin who arrived at Yankton in his Mackinaw on the 23d of November, remaining here one day, when he went on east intending to visit Washington and urge the importance of more troops and military posts in the upper country. This the major did, returning to Yankton in January, and after a brief stay went up the river intending to get through to Benton as early as possible.

About the middle of November, Major Pattee, who was stationed at Fort Randall, fitted out a winter expedition for the purpose of reconnoitering in the hostile Indian country, in according with orders received from commanding General Popc. He was instructed to ascertain the whereabouts of Little Crow and his army of hostiles, and any other information that would be of value to the forces, who were to be led against these Indians in the spring. Pattee was also instructed to secure the release of white prisoners, without defining any particular individuals. A large number of captives were made in Minnesota, and as many as ninety had been recovered from Little Crow's main army. Major Pattee's military force was made up of Company A. Dakota Cavalry, and Company C, Forty-first Iowa Infantry. Pattee's expedition got away from Fort Randall No- vember 26th, accompanied by Maj. W. A. Burleigh, agent of the Yanktons, Adjt. Gen. Charles P. Booge, of the governor's staff, and Dr. Justice Townsend, com- pany surgeon.

On the 2nd of December following, Major Campbell, a paymaster in the United States Army, reached Yankton from Fort Randall, and brought the infor- mation that Major Burleigh had returned and he had learned from him that the white captives at Beaver Creek above Fort Pierre had been ransomed and re- leased. This was the Santee Camp under White Lodge to which Galpin had sent the horses and provisions from Fort Pierre. The ransoming party had consid- erable trouble in effecting negotiations. They were backed up. however, by a number of Yanktonnais, and finally made terms by giving a horse and some provisions for each prisoner, two women and six girls. The prisoners were sent down to Fort Pierre, and on their way met the expedition under Colonel Pattee and were turned over to that officer. The prisoners were in charge of Mr. Dupuis ( pronounced Dupec ) and Colin La Plant, at the time Pattee met them. Pattec's troops had recently been paid, and they raised a purse of $250 and gave it to the captives. Pattee detailed a small escort and sent the whole party directly to Fort Randall. After a fortnight's rest at Randall, the captives came to Yankton.

With the main portion of his two companies Pattee spent a couple of weeks reconnoitering, picking up such information as was available, when he returned

255

HISTORY OF DAKOTA TERRITORY

to Randall with Company A, leaving the lowa troops at Fort Pierre for the winter.

FIRST CAPITOL BUILDING

Messrs. Charles F. Picotte and Moses K. Armstrong had concluded to erect a building suitable for the meeting of the two legislative bodies, and selected a site for the edifice on the corner of Capital and Fourth streets, Yankton. The lumber for the structure had all been delivered on ground in August, 1862, but the Indian troubles became so menacing that construction work was not at that time begun ; and a few weeks later the building material which they had accumu- lated at great pains and at considerable expense was confiscated by the local militia under the unwritten law of "military necessity," and entered into the con- struction of the fortifications at Yankton during the Indian war in September following. After the Indian troubles had in a measure subsided, the same parties procured a second supply of material, not however, equal in quality to the first, and with the aid of a large force of mechanics, erected a two-story frame building on the northeast corner of Capital and Fourth streets, which was arranged for the accommodation of the legislative assembly and the sessions of that body were held in the completed structure in December following, and annually thereafter until 1888-89, when Congress discontinued the annual sessions of the Legislaturex The building stood on the Picotte grant, and was the first capitol building of Dakota. When not in use for legislative purposes, the building was used by religious societies, Sunday schools, private schools, historical society and other lectures, church festivals, school exhibitions, public meetings of various kinds, by the surveyor general's office a few months in 1869, and for a brief time the first Masonic lodge of the territory held its meetings in the second story. When the annual sessions of the Legislature were discontinued, the building lost its best patron, and the structure was thereafter fitted upon for a private residence. The view of the building in this work was taken during the pendency of the elec- tion in 1866, when the democrats, aiding the Johnson republicans, captured a majority of the legislative members and also the county offices. The latter, how- ever, were accepted under protest.

BEAR'S RIB KILLED FOR RECEIVING GOODS

In the fall of 1862 the sentiment of hostility toward the whites and the Gov- ernment was quite general throughout the Indian population of the Northwest, but did not include them all. There were a respectable number who refrained from the warpath, and from hostilities; but who kept secluded and quiet, fearful of provoking the wrath of their red brethren who were at war and who were disposed to treat the non-combatants of their own people as enemies. As these hostiles had now severed their friendly relations with the Government, they had resolved to accept no further annuity goods or presents from the Great Father, and would also prohibit the non-combatants from receiving any favors from the same source under penalty of death. An instance of their determination to en- force their non-intercourse policy is related by Judge Samuel A. Latta, of Leaven- worth, Kansas, who was appointed agent of the Upper Missouri Indian tribes, in 1861, and made an annual voyage as far up the Missouri as Fort Union during his term.

In 1862 he had called the Indians of the Brule, Two Kettle, Unepapas, Minne- conjoux and Sans Ares, and possibly Yanktonnais tribes to assemble at Fort Pierre and receive their annuities during the latter part of the month of May. There should have been about six thousand Indians assembled, but there was only a small fraction of that number, and these explained that their tribes were hostile to the Government. They further stated that they could not receive the annuity goods and presents sent by the Great Father, because it would arouse the anger of the hostile Indians and they would all be killed. They also made serious com-

256

HISTORY OF DAKOTA TERRITORY

plaints of the Great Father's neglect of their welfare, and charged that the treaty pledges had been frequently violated by the Great Father's children. The goods intended for the Indians were taken from the boat, however, and piled up on the bank of the river in separate piles in quantity conforming to the number of each tribe, though the Indians insisted that their lives would pay the penalty if they received them. Finally, Bear's Rib, an Unepapa chief, and a life-long friend of the United States, made a speech, declaring his loyalty and his long years of steadfast friendship for the whites. lle reiterated that to receive the goods would endanger his life and the lives of all his people, but to show his fealty to the Government he had made up his mind to accept them this time, but warned the agent not to bring any more unless the soldiers were sent with them to guard the lives of the friendly Indians.

After Agent Latta had left that point for the upper river, where he was to make further distributions, a numerous band of the Sans Arc Sioux of the hostile faction came into the fort, which was the Fort Pierre built by LaFromboise, and killed the old chief with several others.

ANOTHER ACCOUNT OF THE RESCUE

Ex-Governor Edmunds, while engaged with the Sioux Indian Treaty Commis- sion in 1882-3, which endeavored to make an agreement with the Indians for a portion of the Great Sioux reservation, came across an aged chief of the Two Kettle Tribe of Sioux whom he had known at the time he was governor of the territory, and knew him to be a sincere friend of the whites. The old chief's name was Mah-to-to-pah, or Four Bear. He was head chief of the Two Kettles, who occupied a small reservation opposite Crow Creek with their relatives the Lower Brules. Four Bear was born at the mouth of Bad River, just below Fort Pierre, in 1833, and was then living in a comfortable house and was a devoted Christian and an industrious Indian who had made commendable progress toward civilization. He claimed to have led the party which rescued the white captives from the Santees, and the following was his account of the rescue :

In November, 1862, he heard that the Santees had broke loose in Minnesota that fall, and had killed a good many white people, and had taken some women and children captives and were treating them very badly. He called a council of his braves, and it was deter- mined among them that they would rescue these prisoners and restore them to their friends.

There was bad feeling existing between the Two Kettles and Santees from the fact that the Santees had stolen most of the Two Kettles' ponies that year, and he thought that his party would have trouble in rescuing the captives. Four Bear selected fourteen of his best men and with eight good horses started up the river in a blinding snow storm. They took their rifles and bows and arrows, as they would if going to war. They were seven days traveling, nearly all the time day and night, with frequent snows impeding their way, and finally reached the Santee camp at the mouth of Grand River. They went into camp close to the hostiles, and in the morning early were invited by the Santees to a council. They tied up their eight horses close to the tepee and went in. They found all the hostiles there, each with his gun in his hands pointing upward. He was asked what urgent business had brought him and his handful of braves so far from home at that time of year. Four Bear arose and made them a speech in which he told them he had heard that they had been on the warpath and had taken some prisoners. He told them that he and his little party had come for the captives and would not return without them.

In reply to this one of the Santees told him, in a very abusive way: "You are all Indians and belong to the same confederation that we do, and instead of being friendly to the accursed paleface you should unite with us and help slay them as long as there is a Sioux on the face of the earth."

At the conclusion of the speech Four Bear and his braves arose and replied that they were friends of the whites, had never lifted a hand against them, and never would.

Black Hawk, one of the prominent Santee chiefs, said they had captives and they were worth money, and nothing less than $1,000 in ponies would get them. The council was an angry, stormy one, lasting the entire day. No man among the Santees had a kind word for Four Bear and his party.

At sundown the Santees had concluded that they must give up the captives or go to war with Four Bear and his party. Black Hawk then arose and stated that they would give up the captives for the eight horses and saddles. This proposition was accepted, and the exchange began. Black Hawk led in a small girl that had been wounded in one of her

TERRITORIAL CAPITOL BUILDING, YANKTON Built in 1862. Throng gathering at the polls in October, 1866

257

HISTORY OF DAKOTA TERRITORY

arms, and gave her to Four Bear and then went and took Four Bear's war horse. Black Hawk's father had a prisoner, Mrs. Julia Wright, and he had taken her for a wife, and he was not in favor of the agreement, but his son brought her in and gave her up. After the captives were all brought in, they smoked the pipe of peace and went to their camp. The Santees on their retreat from Minnesota with their prisoners were so afraid of being over- taken by the white soldiers that they took no time to hunt, and in consequence the prisoners were nearly starved. The first good meal for long weeks was indulged in that night, consisting of venison and coffee.

The prisoners were so destitute of clothing that Four Bear's band was compelled to divide theirs with them. Four Bear gave his little girl his blanket, stockings and moccasins. The weather was very cold, but the homeward march was undertaken. The six children had to be carried every step of the way, and the two women a part of it. Some of the Indians would go ahead and kill game and have the camp ready at night when they arrived. Because of the depth of snow, the journey was slow and full of labor. At Swan Lake they met some of their people and traded ammunition and blankets for sugar and coffee for the captives, and in the morning they all contributed everything they could spare for the use of a big horse to get home with. They made a "travoise," which is two long poles, one end of each fastened to the saddle, extending backwards on each side of the horse, with cross pieces lashed on. The six children were bundled on this vehicle and they got along splendidly. At this point on the road they were overtaken by Black Hawk's father, who wanted his wife back, and told Four Bear he would have her or there would be trouble. Red Dog was detailed to look after him, and he was told to show them the flat of his foot instantly or he would be shot. He followed at a distance for a day and then went back. The captive party arrived at last at their camp, and the next day took the captives across the river to old Fort Sully or near there, and turned them over to Colonel l'attee. who was in command of an expedition sent out from Fort Randall to secure these same whites. Pattee, on receiving the prisoners, gave Four Bear a letter, of which the following is a copy and was still in possession of the chief :

"Fort Pierre, Dakota Territory, December 12, 1862. "The bearer, Mah-to-to-pah, is one of the eleven Indians that recovered Mrs. Julia Wright, Mrs. Emma Daly, and six children from the Il-Sanu-ta, near the Grand River, in November, 1862. He deserves to be kindly treated by all. JOHN PATTEE, "Major, Forty-first Iowa Cavalry Expedition, in Search of Prisoners."

The officer told the Indians that they had done something of great service for the Great Father and he would remember them and pay them for their horses and their trouble. But this reward had not reached Four Bear in 1881. There were then living but three of the rescue party, Charger, Swift Bird and Four Bear. The Two Kettle band of Sioux were called by the other tribes "the fool band," from the fact that they were always friendly to the whites.

Vol. 1- 17

CHAPTER XXV THE SECOND SESSION OF THE LEGISLATURE 1862-63

SECOND SESSION OF TIIE LEGISLATURE-THIE HOUSE DIVIDES-ELECTION FRAUDS IN- VESTIGATED-TWO LOWER HOUSES IN SESSION -- BRULE CREEK INVESTIGATED- JAYNE'S SECOND MESSAGE-GREAT SEAL OF SUPREME COURT-BIOGRAPHIES RED RIVER MEMBERS-TIIE ELECTION FRAUDS.

The second session of the legislative assembly of the Territory of Dakota con- vened at Yankton on Monday. December 1, 1862. The Red River country had been allowed an increased membership by an act of the first Legislature giving that county a councilman and two representatives, which made the membership of the council of the second session ten, and of the House fourteen. A new edifice had been erected during the fall for the accommodation of the Legislature. It stood on the northeast corner of Capitol and Fourth streets. and was dignified with the name of the Capitol Building. Picotte and Armstrong were the owners. It was a two-story building-the council chamber upstairs, and the House in the first floor. There was also a committee room and a cloak room partitioned off on each floor. The dimensions of the structure were 24x60 feet.

The two Houses met at 12 o'clock A. M. The council was made up of the old members who had been elected for two years, namely: W. W. Brookings, Minnehaha ; Austin Cole, Cole County; J. W. Boyle and Jacob Deuel, Clay County : Enos Stutsman and D. T. Bramble, Yankton : John H. Shober, Bon Homme County ; J. Shaw Gregory, Todd County ; and James McFetridge, Kittson County, Red River. There were no contested seats and after calling to order by President Shober, of the first session, permanent organization was effected by the election of Enos Stutsman, president; James Tufts, secretary: W. W. Warford, Bon Homme, assistant secretary : Lorenzo Robinson, of Clay, sergeant- at-arms : Hans Gunderson, of Clay, messenger : Ole Halverson, of Cole, fireman ; and Rev. M. Hoyt, of Yankton, chaplain.

Councilman Betts, of Clay, with his family had left the territory during the Indian troubles, and he did not return. His seat was vacant during the session. A brief sketch of his life is given elsewhere.

This House of Representatives convened under most troublesome auspices. The election in Bon Homme, Charles Mix and Cole counties had been character- ized by gross irregularities and unlawful methods, and the result was that there were contesting claimants for all the seats from those districts. It became the (luty of the secretary of the territory, Mr. Hutchinson, to prepare the roll of the members of the House, and he declined to place any name on the roll except those whose seats were not contested. This done, the secretary called the roll. omit- ting the names of members claiming seats from Cole, Bon Homme and Charles Mix, six in all. As called by the secretary, the House was made up of A. J. Harlan and A. W. Puett, Vermillion, Lassa Bothun and Jacob A. Jacobson, West Vermillion ; M. K. Armstrong and Knud Larson, Yankton ; H. I. Donaldson and Joseph Y. Buckman, Kittson County, Red River, eight in all. Attorney General Gleason administered the required oath of office, whereupon a temporary organiza-

258

259

HISTORY OF DAKOTA TERRITORY

tion was effected by electing \. J. Harlan, speaker : R. M. Hagaman, Mixville, chief clerk ; and William High, Yankton, sergeant-at-arms. No further business was done and the House adjourned until the following day, when it reassembled. An effort was made to effect a permanent organization, but it failed. Harlan and Puett were both candidates for speaker, but neither could muster a majority, there being a pronounced sentiment against permanently organizing while so many of the seats remained vacant, and without transacting any business the house adjourned until 10 o'clock, Wednesday.

In explanation of the division existing in the House it may be well to say that the members were peculiarly divided. Harlan and Puett, the two candidates for speaker, were both radical republicans and both from Clay County, but Harlan had been a supporter of Todd at the late election, as was also Attorney General Gleason and quite a number of republicans of prominence, and the con- test for control of this Legislature was conducted with the view of aiding either Jayne or Todd in the. contest which General Todd instituted to unseat Governor Jayne, who had been awarded the certificate of election as delegate. The eight sitting members were equally divided on this issue. Puett, Bothun. Larson and Jacobson being supporters of Jayne; and Harlan, Armstrong, Donaldson and Buckman supporting Todd. The contestants were divided on similar lines. The election had occurred during the first days of the Indian troubles when there was great excitement and alarm throughout the settlements, and advantage had been taken of this condition by some unprincipled men to commit frauds on the ballot box, and as it now presented itself to the sitting members, it seemed a tangled mess to unravel.

On the third day the House made no attempt to permanently organize. but a number of petitions, certificates and affidavits bearing on the contested cases were presented as follows: N. J. Wallace and M. 11. Somers v. Wm. Mathews and William Frisbie, claimants from Cole County ; F. D. Pease from Charles Mix v. Ilenry A. Kennerly, from Todd; and R. M. Johnson and Edward Gifford v. Laban H. Litchfield and Henry Hartsough from Bon Homme. These papers were referred to a select committee composed of Armstrong, Puett and Donaldson.

The House also elected Byron M. Smith, of Minnehaha, assistant clerk, and Rev. M. Payne, Methodist clergyman at Yankton, chaplain, both pro tem., and then adjourned.

On the fourth day the list of temporary officers was completed by electing John Lawrence, of Yankton, messenger, and J. S. Presho, of Yankton, fireman. No report was made by the committee having charge of the contest papers. . \n- other effort was made to effect a permanent organization, but it failed, though on one ballot, Armstrong received the four republican votes, but his own vote was given to Harlan, and it was understood that he was uncompromisingly opposed to the speakership coming to Yankton. An adjournment was taken to the next day, Friday, when upon the convening of the House, Messrs. Armstrong and Donaklson, forming the select committee appointed to investigate and report on the claims of the several contestants, made the following report which will explain the political mix up in Cole County, the difficulties incident to instituting among men the lawful and orderly methods of organized society, and the addi- tional local difficulties growing out of the Indian troubles and a county seat contest.

To the Honorable House of Representatives of the Legislative Assembly of the Terri- tory of Dakota :

The select committee to whom was referred the memorial of N. J. Wallace. M. H. Somers, Wm. Mathews and William Frisbie, of the first representative district; Edward Gifford, R. M. Johnson, Laban H. Litchfield and Henry Hartsongh, of the seventh repre- sentative district : Henry Kennerly and F. D. Pease, of the eighth representative district, claiming seats upon the floor of this House of Representatives from the said respective districts, beg leave to report to the house that time has been allowed the respective con- testants to adduce all the proofs necessary and pertinent to elucidate the truth and aid your committee in the determination arrived at in this report ; that they have with much dehhera-

260

HISTORY OF DAKOTA TERRITORY

tion and care considered the testimony in these several contests, and beg leave to present hereby their conclusions and recommendations in the premises. Your committee would ask to be excused from here reciting in detail the evidence elicited in the examination, and will allude to, in brief and in their order, the conclusion of fact which the testimony afforded to their minds, referring the house to the proofs themselves, herewith accompany- ing, as to the propriety and right of the views taken of the subject matter by your conunittee.

['This evidence will be found in full in this chapter in the contest testimony in the Todd- Jayne case, taken before Chief Justice Bliss at Yankton during this session of the Legis- lature, as also the evidence in the Bon Homme and Charles Mix cases.]

Your committee find that in the first representative district, comprising Cole County, that three election or voting precincts were held, to wit: One at what is known as Big Sioux Point, one at Elk Point, and the third at Brule Creek, on the Ist day of Sep- 1ember last, agreeably with legal notice; that at said election in said first representative district, N. J. Wallace, M. H. Somers, William Mathews and William Frisbie were candi- dates, respectively, for the office of representatives in the House of Representatives in the Second Legislature of the Territory of Dakota; that the elections at Elk Point and Big Sioux Point precincts held on that day were conducted in a fair, formal, legal and orderly manner ; that the election at Brule Creek was characterized by systematic, deliberate and obviously preconcerted fraud, and a predetermination to outvote, by fraudulent and factitious means, the other two precincts before mentioned, without regard to consequence, to char- acter, or the elective franchise. The location of the county seat of Cole County, submitted to the popular vote, doubtless more than any other motive, instigated, planned and effected the most flagitious wrong upon the rights and interest of the residue of the voters of the county, furnishing a precedent unrivaled if equaled, in the history of fraudulent elections -- a fraud by common consent and participation, without the usually attendant circumstances of violence in such cases; and if interest such as might be enhanced by an achievement of this character, can aught extenuate, your committee are fain to say is all that can be suggested or found in the transaction to cover from reproach and infamy the participants in that election fraud.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Dakota Territory, volume I, Part 45

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