History of Dakota Territory, volume I, Part 46

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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Therefore, in view of all the foregoing circumstances, and influenced only by a desire to do justice to all parties, they can arrive to but one conclusion in the premises, viz .: That N. J. Wallace and M. H. Somers are the legally and fairly elected representatives for this district, and are now legally and justly entitled to seats in this house.

M. K. ARMSTRONG, H. S. DONALDSON.

This report was not acted upon, except to lay it on the table, and further time was granted for reports in the other cases. There was no minority report made, though Mr. Puett had declined to join in the report submitted. A permanent organization was then effected on a compromise plan. The business of the Leg- islature was at a standstill, and no progress could be made until the House had permanently organized. There had been a caucus the previous evening, and the hatchet had been temporarily buried. A vote on permanent organization restilted as follows :

For speaker, A. J. Harlan; for chief clerk, Byron M. Smith; assistant clerk, R. M. Hagaman ; sergeant-at-arms, Gustav Jacobson, Clay ; fireman, J. S. Presho; messenger, Thomas Halverson, Clay ; chaplain, Rev. J. L. Payne.

The customary notices to the governor and council notifying them of the permanent organization were ordered, when the House adjourned.

Upon reassembling the sixth day, the House immediately took up the contested seat matter independent of the report of the select committee, and on motion of Mr. Bothun, N. J. Wallace and William H. Frisbie were admitted to seats from Cole County ; and L. H. Litchfield and R. M. Johnson were admitted from Bon Homme County. This action was simply a temporary compromise, Litchfield and Frisbie being Jayne men, and Wallace and Johnson, Todd men. It served the purpose, however, of giving the district their full representative vote in the Legislature. The House then adjourned until Monday at 10 A. M. Monday the standing committees were appointed and a skirmish took place between the fac- tions brought on by an effort to seat Pease of Charles Mix, who was opposed by Kennerly. A hot debate followed, the speaker taking a hand. When it came to a vote all the affirmative motions were lost. And the House finally adjourned. Tuesday there was a stormy and exciting session. Harlan, Armstrong and Pnett doing the debating, Armstrong accused the Jayne members with violating the

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compromise pledges. Harlan went after the Jayne people in a pitchfork fashion, and Puett retaliated with accusations that threatened a general combat. Finally a motion was made to admit Hartsough of Bon Homme and remove Johnson. Donaldson offered an amendment to this motion to insert the names of Litchfield and Frisbie, both of whom were then occupying seats. The speaker instructed the clerk not to call the names of Litchfield, Frisbie or Johnson on the motion. This took off two Jayne votes and one Todd vote, and gave the Todd men one majority. This ruling brought matters to a crisis-the Jayne men discovered that they would be outvoted, and under the leadership of Puett they quietly with- drew from the House, which left that body without a quorum. The retiring mem- bers were Puett, Bothun, Frisbie, Jacobson, Larson and Litchfield. The House then adjourned.

When the House convened Wednesday morning Armstrong presented the credentials of Henry Kennerly, of Charles Mix, and George P. Waldron, of Minnehaha, and they were sworn in by Attorney General Gleason. It was well known that no election had been held in Minnehaha County. Every white settler including Mr. Waldron had left the county and the Town of Sioux Falls on the 30th of August, two days before election, and had come to Yankton, and remained here. Where Mr. Waldron obtained his credentials from was a mystery and what they consisted of was another mystery. Minnehaha was entitled to one member and Waldron had been elected the year before and served at the first session, and he may have claimed that he was entitled to the seat until his successor was elected. He was anti-Jayne republican, and his vote would be of great service as matters stood in the House. He had refrained from making any claim to a seat for ten days after the session began, and now at an opportune time, when the House is left without a quorum by the bolting of six members, he quietly enters and is given a seat without protest. Mr. Armstrong, from the Committee on Elections, which committee had taken over the contested cases first given to a special committee, submitted a report embodying the report heretofore given as to Cole County, recommending the seating of Somers in place of Frisbie. The report took up the Bon Homme County contest between Gifford and Litchfield and found :

That from all the evidence and affidavits furnished by the contestants it is proven that only thirty-nine votes were polled in said district on the ist day of September, as is estab- lished by the affidavits of the judges and clerks of the election ; that out of said thirty-nine votes the petitioner, Edward Gifford, received twenty-five votes, as is proven by affidavits coming direct from the individual electors who voted for said Gifford ; that Mr. Gifford holds a certificate of election from the acting register of deeds of said district ; that, although a disturbance was created at the closing of the polls on the ground of a presumed fraud on the candidate for delegate to Congress, thereby preventing the canvass of the votes, yet it is proven that twenty-two of said thirty-nine voters voted open tickets for said Gifford at a second election, and that twenty-six of said thirty-nine voted for Mr. Gifford at the first election. Therefore your committee can arrive at no other conclusion than that your petitioner, Edward Gifford, is endorsed by a large majority of the legal electors of his dis- triet, and is therefore justly entitled to the seat now occupied in this house by Laban H. Litchfield as representative from the seventh district.

M. K. ARMSTRONG, H. S. DONALDSON.

This report was adopted and Gifford and Somers were sworn in as members, giving the House eleven members. The next ceremony was the joint convention to receive the message of the governor, which had been fixed for 2 o'clock this day, and at that hour the two bodies met in the hall of the House and Mr. AArm- strong and Councilman Shober were appointed a committee to wait on the gov- ernor and inform him that the two houses were ready to receive any communi- cation he had to make.

The governor replied to the committee that he had no communication to make at present, and that he did not "recognize the branch of the Legislature to which M. K. Armstrong belongs."

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This report being submitted to the joint convention that body dissolved, each returning to their respective chambers. The officers of the House who were in sympathy with the members who withdrew, now absented themselves. These were Assistant Clerk Hagaman, Sergeant-at-Arms Jacobson and Fireman Presho. Their places were filled pro tem. by the election of James M. Allen, Daniel Gifford and William M. Stevens, when the House adjourned.

We must now inquire into the whereabouts of the bolting members who abruptly left the House on the ninth day. They assembled at Bramble's Building on the levee, occupied by the governor, who vacated the rooms and organized a House of Representatives, admitting to seats the claimants from Cole, Bon Homme and Charles Mix, namely Win. Mathews, Henry Hartsough, and F. D. Pease. This gave them a quorum and they organized by electing A. W. Puett, speaker; R. M. Hagaman, chief clerk, and Gustav Jacobson, sergeant-at-arms. They notified the council of their organization but that body declined to recognize them, having already recognized the other house, which left them in at least an anomalous position, but they met and adjourned from day to day and awaited developments.

The regular House continued its sessions but did nothing in the way of legislation. The first bill introduced was by Mr. Somers, on the fifteenth day, to locate the county seat of Cole County, which was referred to a select com- mittee. It was evident that the leaders of the House were uneasy and dissatisfied with their position. The council was going along with its business, introducing and passing bills, and apparently paying no attention to the House troubles. The governor had not yet recognized this Legislature, and at that time he had absolute power under the organic act to veto any bill, and there was no appeal. It was also a question how far the secretary, who paid the members their per diem, would be justified in disbursing the public funds. So matters ran along to the fifteenth day. when Representative Kennerly, of Charles Mix, offered the fol- lowing resolution :

Resolved, That the Hon. William E. Gleason, attorney general of the territory, be respectfully requested to furnish to this house his opinion, in writing, as to whether the recognition of the governor is essential to the competency of this house to proceed with the business of legislation.

The resolution was adopted. An unsuccessful effort was made to fill the list of House officers by electing them permanently, and the House adjourned.

After the House convened on the sixteenth day, a communication was re- ceived and read from Attorney General Gleason, giving his views of the powers of the governor and the rightful authority of the Legislature, deciding that the governor had no authority to interfere with the membership and organization of the legislative bolies.

The opinion of the attorney-general apparently failed to do much more than disclose the profundity of his legal accomplishments, while it enabled him at the same time to exhibit his animosity toward the governor, whom he greatly dis- liked. a feeling that was most cordially reciprocated, but was supposed to extend only to their political differences.

And now the peace-makers appear-those who have the oil and pour it freely on the troubled waters. Civilized man will never be able to discharge the debt he owes to the one who first discovered that successful resort of all good statesmen, "compromise." How marvelously it works to bring order out of chaos. How gratefully is it recognized as it steps into the breach in the nick of time and saves the state, when all seems hopelessly rushing to ruin.

The reluctance of the House to take up the work of legislation discloses a lack of confidence on the part of the leaders in their position. They were not satisfied and were waiting for the peace-maker to step in and suggest a solution of the difficulty. The members of the council were also interested in a speedy settlement of the trouble. They had passed a score of bills of value to their

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constituents and to their reputations and twice as many remained to be acled upon, and while all were interested closely or remotely, in the delegate contest, they were not prepared to make that event a pretext for neglecting their legitimate duties.

The peacemakers, after frequent canvassing, finally hit upon a plan, and on the seventeenth day at the opening session in representative hall, the bolting mem- bers whose seats were not contested, appeared and took their places; while the subsequent proceedings plainly indicates that the friends of Jayne have received concessions. Immediately after the session opened for business, Speaker Harlan tendered his resignation as speaker as follows :

Gentlemen: I feel very grateful to you for the honor you did me by electing me as your presiding officer at an early day of the session, but believing that I can better serve the interests of my immediate constituents occupying a place on the floor of the house, therefore, for the sake of harmony, order and law, 1 now most respectfully tender to you my resignation as speaker of this house, to date from and after the present moment.

Respectfully, your obedient servant, A. J. IlARLAN.

The resignation was accepted.

Immediately following the resignation of Speaker Harlan, M. K. Armstrong was elected speaker, receiving every vote except that of Wallace, Donaldson and his own. On taking the chair AArmstrong spoke as follows :

Gentlemen of the House of Representatives :

While returning to you my heartfelt thanks for the honor you have conferred upon me, it is with reluctance and embarrassment that I assume the responsibilities of the position to which I have been assigned. I accept it, gentlemen, at your hands, with the hope of aiding to heal the wounds of discord, to disperse the clouds of commotion, and bring the distracted bodies back to the folds of harmony and compromise.

In assuming the chair I shall yield no principle, and sacrifice no stand in behalf of my party and friends. But at present the life of the territory hangs upon the action of this body, and in such crisis it is the duty of every representative of the people to discard all party ties and throw off all personal prejudice, and to act, not for himself, but for the people; not for the victory of his personal opinion, but for the general welfare of the common territory.

To this object, gentlemen, I shall endeavor to stand acquitted before God and my country, and shall attentively labor to observe, not to divert; to facilitate, and not to hinder, the will of the assembly.

It was evident that a compromise had been effected not entirely satisfactory to either party, but much nearer sttiting the Jayne people than the Todd party. notwithstanding Armstrong, a Todd democrat, had been taken as speaker and Harlan, a Todd republican, deposed. But it is generally admitted that the foes of your own household are much more bitter and relentless than those of a dif- ferent household, hence anybody under the circumstances except Harlan woukd have been the first demand of Mr. Puett, who was Harlan's colleague from Clay County, and a staunch supporter of Jayne.

The next proceeding was the summary unseating of Somers, of Cole, who was succeeded by Frisbie : also the unseating of Kennerly ( General Todd's right- hand man), of Charles Mix. The following day the members answering to roll call were Messrs. Bothun. Buckman, Donaldson, Frisbie, Gifford. Harlan, John- son, Jacobson, Larson, Puett, Wallace, Waldron and Speaker Armstrong. Byron M. Smith, who had been elected chief clerk, presented his resignation in writing after the roll was called.

Mr. Smith's resignation was followed by that of the other officers, all of whom undoubtedly foresaw that they would be required to vacate under the new order. The House then reelected Robert Hagaman chief clerk and James M. Stone. assistant clerk.

The Charles Mix County contest case was again taken up on a report of the elections committee and F. D. Pease was seated in place of Henry Kennerly.

At 2 o'clock in the afternoon of the seventeenth day the two Houses met in joint convention and received the governor's message as follows :

{ This message serves to show the extent of the Indian war then pending, the early construction of a railroad across the great western plains, the discovery of

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gold in Western Dakota, now Montana, and other interesting and important inci- dents in our early history ].

Gentlemen of the Council and House of Representatives :

While humbly acknowledging our dependence on the kindness of God, let us return thanks for the many blessings which our people have enjoyed during the past year-peace in the midst of war, abundant harvests and general health. While the whole country has been convulsed with the throes of a mighty civil rebellion, devastating the finest regions of our country, destroying the crops, and wasting the hard-earned accumulations of the husbandman, depopulating and laying waste whole districts of country, sacking and destroy- ing towns, ruining commercial marts, and carrying want and destitution into tens of thou- sands of once happy homes; while Indian depredations and massacres of untold ferocity and brutality, and to an extent unheard of in all the annals of savage war, have been committed only just without our limits, yet Dakota has been spared all the immediate calamities of civil and to a great extent the horrors of Indian war, and our people have been blessed with security and prosperity.

The First Legislative Assembly enacted a civil and criminal code, established a revenue, militia and educational system, formed all the counties which our settlements seemed to require, and passed many other acts of necessary legislation. I am not aware of many alterations or amendments to our laws which are at present demanded, though doubtless time and more experience in their practical operations will suggest some. I would recommend some legislation in reference to our territorial courts. No time or place for the holding of terms of the territorial courts having as yet been designated by any act of the Legislature, many cases which cannot be brought before the federal courts will have to be postponed until some action is taken by your honorable body upon this subject.

The questions which are most intimately connected with the welfare and settlement of Dakota, and which will require your attention and consideration, are Indian affairs and military protection of the frontier. Although the Legislature has no direct control and authority over these matters, yet it is very desirable, and, I think, absolutely necessary, that you take cognizance of these subjects, and that you memorialize Congress in reference to them, and ask for the adoption of prompt and vigorous measures, which shall quiet the apprehensions of the settlers, and give peace and perfect security to all the border settle- ments. During the past year we have had no formidable attack or appalling massacres, yet our people have suffered from Indian depredations, and the continual fear of being plun- dered and murdered by the roving bands of lawless savages who have been prowling around our settlements has been the source of annoyance and alarm to all our citizens, The murder of Judge J. B. Amidon and son, at Sioux Falls, occurring immediately upon the receipt of the news of the first massacre of men, women and children, in Minnesota, very justly alarmed the settlers in that portion of the territory. Knowing their entire inability to protect themselves against any considerable force of Indians with the small detachment of Dakota Cavalry I had stationed there, they wisely concluded to withdraw to the more thickly settled portions of the territory lying upon the Missouri River. After the abandonment of that place the Indians came in and destroyed and burned the town and all the improvements in the surrounding country. Upon the reception of this news of the attack upon Sioux Falls, coupled with the news of a great savage war in Minnesota, and the actual presence of liostile bands in the vicinity of our towns, engaged in plunder and threatening war, a feeling of general alarm naturally spread through the territory, and many of our citizens moved tem- porarily into Iowa. The settlers on the lower James River were attacked by a mounted force of Minnesota outlaws on the morning of September 6th, but were able to barricade their doors and windows to screen themselves from the bullets of the foe, when the timely arrival of a detachment of Dakota Cavalry that had been stationed near Yankton reached the scene and dispersed the assailants. At Yankton a large stockade was constructed, to which the settlers fled for protection, and the entire population of Bon Homme County took refuge within the enclosure. The territory that had been partially occupied by settlers, from the Big Sioux to Fort Randall, was almost literally depopulated for a number of days, and the ordinary pursuits of the people broken up and demoralized, women and children were hurried off to their eastern friends, while the men remained to care for their few worldly possessions. The fall work of the farmers was necessarily neglected, entailing in the aggregate a large financial loss, which affected all kinds of industry and trade, and produced a general sentiment among all classes of people inimical to the improvement of our farms and settlements, and a serious impediment to immigration. As we have but one military company stationed in the whole district of country between the Big Sioux and Fort Randall, and as this company was divided into several detachments, and could render only very limited protection to our scattered settlements, I issued a proclamation calling for the immediate organization of the entire militia of the territory. Finding, however, that the feeling of insecurity was likely to depopulate some of our counties, I dispatched Lieutenant Kellam, a special messenger, to General Blunt, commanding the Department of Kansas, with letters and a requisition for arms, ammunition and additional troops. Just at this time the Department of the Northwest was created and Dakota was transferred from the Department of Kansas to the Department of the Northwest. Some delay was thus occasioned in the

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reception of arms, but as soon as the requisition was forwarded to General Pope he promptly responded to it, and we are now in possession of arms and ammunition sufficient for all our military force. As no troops could be sent to us immediately, I thought it necessary to call into active service a part of our militia, which would tend to restore confidence and give us protection until United States troops could be stationed in our midst.

I would recommend that an act be passed authorizing the auditor of the territory to audit the military accounts of the territory, and to issue warrants sufficient to defray the expense connected with subsisting and paying the militia for the time they have been in actual service; and that, when the amount is ascertained, the Legislature memorialize Con- gress for an appropriation sufficient to refund to the territory all the expenses incurred by her in providing for the maintenance of the militia force.

The Yankton Sioux and the Ponca Indians, the annuity tribes which are located upon their own reservations in close proximity to our settlements, have remained friendly, and 1 see no good reason to apprehend any trouble with them, but believe that the same friendly relations will continue with those tribes which heretofore existed. I regret to say that I fear we are to have trouble with the Sioux of the Upper Missouri Agency. They have for some time past been uneasy, restless and dissatisfied with the Government, and disposed to war. The unusual amount of travel during the past year through the region of the country claimed and occupied by the Upper Sioux has exeited and alarmed them. The news of new gold fields, of unsurpassed richness, on the Salmon River and the headwaters of the Missouri. has made a highway through a part of this territory never before marked by the footprint of the white man, save an occasional hunter and trapper. The presence of the stranger, and this passage to and fro through their lands, has awakened their jealousy and made them suspicious that they, too, would be crowded from the hunting grounds of their fathers, and be pressed farther west toward the setting sun. Portions of those tribes who are friendly and who desire to remain in peace are becoming intimidated by the more bold and lawless mem- bers of their bands, and are fast being won over to the views and feelings of the hostile ones. "Four Bears," one of the friendly Yanktonnais chiefs, was murdered last year by his own people on account of his friendship for the Government. "Bear's Rib," one of the head chiefs of the Quekpapas, and most devoted friend of the whites, was murdered by members of his own tribe because he opposed any hostility against the United States and consented to still receive the goods brought up for distribution by Mr. Latta, the Indian agent for the Upper Missouri. This year the Mandans, Rees and Gros Ventres, who are the most peaceful of all the upper tribes, though they are not Sioux Indians, were twice attneked in their own village by the Sioux, for the reason that they refused to combine with them to make war on the whites. The Sioux were promised by the Government that so long as they remained at peace, and faithfully observed their treaty stipulations, they should have aid and protection against all hostile tribes. How has this been observed? Experience has taught these friendly disposed Indians and the friendly tribes that the greatest safety is to be found in hostility to the whites, the Government having neglected and failed to give the friendly disposed Indians the promised aid. The hostile Indians embrace a large majority of the tribes of the Upper Missouri, and unless prompt measures are taken to suppress any uprising there, and to punish the hostile bands, we have every reason to expect a combination of all the numerous tribes of Dakota, and a general Indian war of unparalleled proportions and untold ferocity.

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History of Dakota Territory, volume I, Part 46

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