History of Dakota Territory, volume I, Part 47

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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We require, for the purpose of giving ample security to our settlements, and to preserve peace throughout our territory, the establishment of three military posts-one at Sioux Falls ; one at or near Fort Berthold, now a fur traders' post, and one at or near the fur trading post of Fort Benton. Ample protection to Dakota is protection to Western Minnesota, Northwestern lowa and Northern Nebraska. When Dakota is left unprotected, then the frontier settlements of Minnesota. Iowa and Nebraska are liable to a repetition of the horrible massacre which last August devastated 200 miles of frontier settlements in Minnesota, and wrought desolation and ruin to hundreds of pioneers in Dakota. This question of pro- tection is vital to all frontier settlements. Without it settlements must recede and not advance; with it, emigration, the hardy pioneer with his ax and plow, will push forward the advanced line of civilization and open up new lands which will furnish happy homes for thousands who are looking to the great Northwest. I take great pleasure in informing you that I now believe that we are to have protection, and that a powerful expedition is now being organized which will visit summary punishment upon all the hostile tribes and teach them a proper respect for, and fear of the authority of, the Federal Government. Maj. Gen. John Pope, commanding the Department of the Northwest, is fully alive to the interests and the military necessities of his department, and he intends that these Indian difficulties shall be thoroughly attended to. General Pope has created the first military district of his department, which is to embrace Dakota and a portion of Northwestern Iowa; he has assigned to this command Gen. John Cook, of Illinois, one of the heroes of Fort Donelson and Shiloh-an officer whose ability and gallantry in the field are only equaled by his execu- tive talent. The appointment of General Cook to the command of this district is a guarantee of a prompt, vigorous and effective campaign-one which shall inflict severe punishment upon a treacherous foe-give peace to our borders, and create a feeling of security amony our people which shall tend to the settlement and development of Dakota. I have dwelt at some length upon our Indian relations, because I consider it a matter of the most vital importance, and one that shall enlist your most hearty cooperation.

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At the last session of Congress an appropriation was made for the purpose of defraying the expense of making a treaty with the Chippewa Indians, living on the Red River of the North, and but for the late Indian war in Minnesota this treaty would have been made and that section of our territory opened to white settlement. I trust that treaty may not long be delayed, thereby affording encouragement and protection to the large and remunerative trade already established between that region of country and St. Paul on the Mississippi.

I would again call to your notice some recommendations made in my first message to the Legislature of Dakota. I would urge that Congress be memorialized in reference to a geological survey of the territory; to make Fort Randall the distributing post for supplying the forts to the west of it, and for the establishment of military roads from the Big Sioux River to Fort Randall, and from the Red River of the North to points on the Missouri River at or near Fort Union and Fort Benton. The reasons for these recommendations were given at length in my last message, and it would seem unnecessary to repeat them at this time.

It is not my intention to enlarge to you upon the future of this territory, and discuss the many advantages offered to those desirous of leaving the older states for the purpose of seeking new locations, and participating in the many benefits incident to a young and prosperous territory. Dakota, unsurpassed in soil and climate, and the abundance and variety of her own resources, has already attracted the attention of the whole country, and promises soon to be filled up by a hardy, industrious and intelligent population. With a satisfactory adjustment of Indian affairs, and the end of the rebellion, we shall witness the checked immigration of the past few years again spring up, and soon the rich valleys of the Missouri, the Big Sioux, Dakota, Red River and Niobrara will be crowded with dense set- tlements, thriving towns and commercial cities.

At the last session of Congress an act was passed authorizing the construction of the Pacific Railroad. The idea of a great central railway across the continent has been a popular one for some years, and has received the approval of the whole country. While this is a great enterprise of public improvement, identified with every interest of the nation, which we in common with others will participate in, yet we have every reason to expect local and immediate benefits to flow from its construction. Sioux City has been very prop- erly designated as the point from which the north branch shall start. We are especially interested in an amendment to the bill as passed, which shall require that this branch shall be located on the north side of the Missouri, and thence up the valley of the Niobrara River to the most practicable point of connection with the main trunk. As the bill will be amended in many particulars at the present session of Congress, I think, with the proper effort, that the amendment which most interests our territory may be carried.

My former message contained several suggestions and recommendations which, under the great pressure of local and general business, were not acted upon by the last Legislature, and as I believe some of them vital to the best interests of the territory, and equally appro- priate at the present time, I trust you will give them.the attention and consideration that you, in your wisdom. may deem necessary.

I would also most respectfully bespeak your counsel and hearty cooperation in all public measures for the promotion of the general well-being of the territory; and I trust that your deliberations will be harmonious-guided by wisdom and justice. And in conclusion I ask you to join me in the hope that before the coming of another Legislative Assembly in your respective halls the dark clouds of civil and Indian wars, which now overcast our political sky, through the interposition of an overruling Providence, will have been swept away forever, letting in the sunshine of peace, liberty and prosperity upon our once more happy country. W. JAYNE, Governor.

At the conclusion of the message the joint convention dissolved, and the House proceeded with legislative business, until adjourned.

In the report of the Committee on Elections, regarding Charles Mix County, it is stated that eighty votes were thrown out but no explanation is given. This vote had been disregarded by the territorial board of canvassers, who were sat- isfied that it was illegal and had been cast by members of the Seventh Iowa Cav- alry then stationed at Fort Randall. This committee had the same information that was given to the board.

During the Civil war, which at this time was convulsing the country from center to circumference, great care was taken by the several states and territories to protect their citizen soldiery in their right of franchise. Polls were opened on the tented fields, judges and clerks chosen, and the soldier was permitted to cast his vote for the officers he would have been entitled to vote for if at home; and these votes were carefully canvassed and the returns made to the proper authori- ties, and such a thing as fraud in these elections was seldom known. The law of Dakota Territory regulating the soldier vote was passed at the first session and formed part of the regular election law. Section 49 provided that

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Any citizen of Dakota Territory who is a qualified voter shall not be deprived of his vote because he is in the military service of the United States; Provided, he resided in said territory at the time he enlisted. The officers and privates of any company or part of any company of Dakota Volunteers who are in the military service of the United States shall be permitted to vote at the polls in any authorized district, at any authorized election, for any of the following named officers, to wit: Delegate to Congress and all territorial officers ; Provided. such officers or officer are required by law to be elected at such clection; but no officer or private of such military company shall be allowed to vote at such election for any precinet or county officers, nor for the member of the Legislative Assembly, unless such volunteer officer or private be in the county in which he resided at the time of his enlistment. In case any company or detachment of Dakota Volunteers in the service of the United States be without the limits of an organized county, or more than five miles distant from an authorized precinct. on the day of an election authorized by law, the officers and privates of any such company or part of company may elect three judges of election, which judges shall appoint two clerks, and the judges shall take and administer such oaths as are required by this act ; and the polls shall be opened and conducted in like manner as prescribed in this act for elections in authorized precincts ; and when the board shall have been organized as aforesaid, and the polls proclaimed open, all such volunteer officers and privates then present shall be allowed to vote in like manner and for such officers as prescribed in this section, and return shall be made of such election to the secretary of this territory.

On the twenty-fourth day M. H. Somers presented a petition through Rep- resentative Wallace, claiming the seat occupied by William Frisbie, from Cole County, which was referred to the Committee on Elections, who reported thereon on the thirty-first day, as follows :

Mr. Speaker: Your Committee on Elections, to whom was referred the contested case of Messrs. Somers and Frisbie, from the first representative district, have had the same under consideration and beg leave to report that Mr. Somers and Mr. Frisbie were opposing candi- dates for the office of representative in said district. That there were three election precincts in said district or county, to wit: Big Sioux, Elk Point and Brule Creek. That at Big Sioux Precinct Mr. Somers received 22 votes, and Mr. Frishic, 5 votes; at Elk Point Pre- cinet Mr. Somers received 24 votes, and Mr. Frisbie, 4 votes. Making for Somers at the two precincts, 46 votes, and for Frisbie, 9 votes.

Your committee has had before it a voluminous amount of testimony in regard to the election at Brule Creek Precinct. Very much of this testimony is of such a contradictory character that your committee is embarrassed in arriving at a safe and just conclusion. They can therefore only submit their own common sense view of the case. And it is the opinion of your committee from all the evidence before it that there were not more than thirty legal votes polled at Brule Creek Precmet for the office of representative. It is the opinion of your committee that the votes polled at Big Sioux and Elk Point were strictly legal, and even allowing the entire legal vote cast at Brule Creek to have been in favor of Mr. Frisbie, he could not have received a majority of the votes of said district or of the County of Cole. It is therefore the opinion of your committee that the contestant, M. HI. Somers, received a majority of the legal votes of said district or of the County of Cole ; therefore, be it Resolved, That William Frisbie, who now holds a seat on the floor of this house as a member of the first representative district, is not entitled to the same; and be it further

Resolved, That M. HI. Somers is entitled to a seat on the floor of this house as repre- sentative from the first representative district, and that he be and is hereby admitted to J. Y. BUCKMAN, Chairman. the same.

A. J. HARLAN.

The report was adopted and Mr. Somers was sworn in. This closed the con- tested scat cases for the session, the remainder of the time being wholly given to the work of legislation. And as the House had been working diligently since the joint convention, that hody had caught up with the Council, and matters moved along without tinpleasant incident to the end. A new apportionment bill was among the most important laws enacted as it increased the membership of the Commeil to the maximum allowed by the organic act-thirteen councilmen and twenty-four members of the House, twenty-six being the maximum, distributed as follows :

Cole County, the First Legislative District, three councilmen and five House members.

Clay. Lincoln, Deuel, Minnehaha and Brookings, the Second District, three councilmen and six Hottse members.

Yankton and Jayne counties, the Third District, three councilmen and five House members.

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Bon Homme and Hutchinson counties, the Fourth District, one councilman and two House members.

Charles Mix and Brughier counties, the Fifth District, one councilman and two llouse members.

Todd and Gregory, the Third District, one councilman and two House members.

Kittson, Chippewa, Stevens and Cheyenne counties, Red River, the Seventh District, one councilman and two House members.

The Legislature adjourned on the 9th of January, 1863, after an exciting session of forty days. The apportionment bill was very unsatisfactory to the Red River members, who claimed to have the largest vote of any district, and was also unpopular with the Bon Homme delegation. It would seem to have been the outcome of a combination in which Union, Clay, Yankton, Charles Mix joined, voting population and political predilections being entirely ignored.

A number of wholesome laws were passed at this session, including an entire criminal and justice's code, and a law authorizing and prescribing a territorial seal. Congress was memorialized regarding military posts; additional troops for the protection of the settlements; for roads ; bridges ; mail routes; land endow- ment for the university, and other needs of the territory.

It cannot be said that all was peace and good will among the members at the close. The session had been one of constant friction in the House, and the partisans of the two congressmen were apparently much more zealous and defiant than before the session. A full year and more would elapse before Congress would act upon the contest, and in the meantime the scandals growing out of the election of 1862 were enough to keep the public mind in a disturbed and antago- nistic condition. It was evident too that a serious division among the leading republicans was imminent, growing out of the election frauds and personal am- bitions and the control of Federal patronage.

It would seem that these election frauds were largely the outgrowth of the Indian troubles, and the excitement they produced at the time the election was held, when a number of lawless and unscrupulous characters took advantage of the prevailing confusion and undertook to advance their personal interests by corrupting the ballot box. It is gratifying to know that, in nearly every instance, they failed to secure any advantage from their lawless proceedings.

THE GREAT SEAL

At the session of the Legislature of 1862-63 a law was enacted establishing a great seal for the Territory of Dakota. The bill was introduced in the Council by Hon. John Shober, of Bon Homme County, and became a law without oppo- sition.

An act to establish a seal for the Territory of Dakota.

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

Section I. That the following described seal is hereby declared to be and is hereby constituted the great seal of Dakota Territory, to wit: A tree in the open field, the trunk of which is surrounded by a bundle of rods, bound with three bands; on the right plow, anvil, sledge, rake and fork; on the left, bow crossed with three arrows: Indian on horseback pur- suing a buffalo toward the setting sun; foliage of the tree arched by half circle of thirteen stars, surrounded by the motto: "Liberty and Union, one and inseparable, now and forever." the words "Great Seal" at the top. and at the bottom, "Dakota Territory: on the left, "March 2;" on the right. "1861." Seal 21/2 inches in diameter.

Sec. 2. This act to take effect from and after its passage and approval by the governor. Approved, January 3, 1863.

SKETCHES OF RED RIVER LEGISLATORS, 1862-63

James McFetridge, who represented the Red River of the North country in the Council of this second session, was the lineal descendant of an ancient and honorable Scotch family, which figures conspicuously in the history of the bean-

LYTLE M. GRIFFITH First carpenter in Dakota

CHARLES H. BATES t'nited States deputy surveyor, 1870. and later

( HARLES E. CALPIN

Indian trader and husband of Mrs. Picotte

MARTIN J. LEWIS Vermillion. 1-69

A. M. ENGLISH Orderly sergeant Company .1. Dakota cavalry

HUGH S. DONALDSON First Legislative Representa tive from the Red River of the North, tome.

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tiful, but ill-fated Queen Mary. He was a native of Canada, where several branches of that name had emigrated. His childhood and early youth were spent in that country, under the glorious and happy reign of Queen Victoria. In 1849 he removed to Minnesota and resided in that territory, engaged in successful business, until President Pierce appointed him collector of the port of Pembina, in 1854. He retained that position until superseded in 1861 by Norman Kitson, appointed by Mr. Lincoln. In 1861 Mr. McFetridge was elected councilman from the Red River District of the Legislative Assembly of Dakota, but W. W. Brook- lings, of Sioux Falls, held the certificate from that district, and had been given the seat before Mr. MeFetridge reached the territorial capital, and for reasons of policy Mr. McFetridge did not contest; but a special law was enacted at the same session giving the Red River a separate council and representative district, and Mr. McFetridge was again chosen and took his seat at the opening of the second ses- sion. In 1862 MeFetridge was a democrat, but politics cut little figure in the Legislature of that early day. He proved to be an excellent member and pro- moted such legislation as the times demanded, and sought to secure through the Legislature the opening up of the Red River Valley to white settlement through a treaty that would transfer the title to the lands from the Chippewa Indian nation to the Government. Prior to the organization of Dakota, Mr. Mc- Fetridge had labored to secure a separate organization for the northern part of the territory to be called Chippewa. He was highly respected by his fellow mem- bers, and in a general way cheerfully performed his duties, serving the interests of the Missouri slope as heartily as those of his district, though stoutly affirm- ing that there was little of mutual interest to justify the binding of them together in one political organization.

The law granting a legislative district to the Red River country was repealed at the third session of the Legislature, and the Red River remained without repre- sentation until 1867, when Mr. Stutsman was sent down as the first representative, but it had no representation in the Council until four years later, when Mr. Stutsman was chosen as the first member to that body from that district.

Hugh Stuart Donaldson was a native of Canada and came to Minnesota about the year 1850. He pursued the business of land dealer and agent until the year 1857, when he removed to the Red River of the North, having received the ap- pointment of postmaster at Pembina, Dakota, from President Buchanan, which office he held until the appointment of his successor by Mr. Lincoln.

Mr. Donaldson was chosen the first representative from the Red River Dis- trict, in 1861, under the governor's proclamation, representing all the territory above the head of the Red River of the North, and was reelected in 1862. He served his constituents with signal success during the first session, and by patient effort and prudent management, secured the passage of the only apportionment law enacted at the first session which gave to his region a separate council district and doubled the membership of his representative district.

Mr. Donaldson was uniformly courteous and painstaking in his legislative work, giving patient study to every matter of legislation before him and voting conscientiously. He was both a prominent and influential member.

Mr. Donaldson was not hasty in adopting an opinion or coming to a conclusion, but once he become settled in his convictions, it was a difficult matter to get him to reconsider. There must have been some of the stubbornness of the Scotch in his make-up. He would never yield until voted out-beaten but not conquered- but was good natured, as much so in defeat as in victory, hence he was popular with his fellows. He was a democrat of the old school, and wavered not a jot. and enjoyed political debate. The Civil war was on, and the only test was the question, "Do you favor the Union?" Donaldson was plainly for the Government of the United States, but it was evident that the political discussions on the inter- national boundary line were carried on with a wider latitude for opinion than was patiently tolerated among the white people East and South. Mr. Donaklson was a man of enterprise, earnest and intelligent in his views regarding what

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should be done to advance the interests of Dakota, and first of all, as everyone agreed, adopt measures to bring population to the territory, and farmers pre- ferred.

Mr. Donaldson removed to Winnipeg a few years later, and identified himself with the business interests of that city, achieving moderate success.

Joseph Yardley Buckman, one of the representatives of Kittson County, was of "Broadbrim" origin. Both his father's and mother's ancestors were associates of William Penn, the famous Quaker, and were in the council with him when was consummated one of the most notable treaties ever made between the white race and the Indians of North America.

The Buckmans and the Yardleys are not only one of the earliest, but of the most respectable and prolific familics of the old Pennsylvania colony. They are today numerously represented throughout that commonwealth, and their descend- ants may be found in many sections of our common country.

Joseph, the subject of this sketch, was born in Bucks County, Pennsylvania, in 1833, and remained in his native state, on the farm, at school, and in the count- ing room, until twenty-two years of age, when in the spring of 1855 he removed to Minnesota. He resided at St. Paul and Superior City during the real estate inflation of 1855. 1856 and 1857. In 1860 he removed to Pembina, Dakota, and at the commencement of Mr. Lincoln's administration as President. he was ap- pointed postmaster at Pembina, which office he was holding at the time this sketch was written, 1862-63. At the territorial election in 1862 Mr. Buckman was chosen one of the representatives from the Red River District. He took his seat at the beginning of the session, and though for the first time a member of a legislative body, he aptly invested himself with the habit and form of a legislator, and had throughout discharged his obligations with wise discernment and sound judgment.

Mr. Buckman was a republican, and an honest Quaker in his faith, yet unselfish in action and catholic in his belief. Intelligent, kind-hearted and liberal, he was both companion and friend. Lively and mirthful, his rubicund visage always gratefully welcomes whatever will produce good cheer.

Dakota's first general election under the statutes, which occurred on Monday, the first day of September, 1862, was marked by gross frauds and irregularities in one-third of the election precincts of the territory. These were the precincts of Brule Creek in Cole County, Bon Homme, Charles Mix and alleged also at the Red River polls. The election occurred just at the beginning of the great excitement growing out of the Indian hostilities of that year, and the public dis- order and alarm attendant upon the period of anxiety gave opportunity and pos- sibly suggested the scandalous occurrences at the precincts mentioned, with the exception of those on Red River. These frauds furnished ground for a contest before Congress for the right to a seat in the House. The territorial board of canvassers having found from the returns that a majority of the legal votes were cast for Gov. William Jayne, had awarded him the certificate. General Todd thereupon declared his purpose to contest, and served notice of such intention upon the governor. November 17, 1862, stating that he would begin the taking of testimony before Judge Bliss at the office of Attorney General Gleason at Yankton on January 6, 1803. The Legislature was in session at Yankton during December and the early part of January, and the lower House had been engaged in settling the contested cases of members from disputed counties for nearly one- half its term. The testimony that had been adduced before the legislative com- mittees was the same as that taken before Judge Bliss in the delegate contest. First was the evidence of Thaddeus Andrews, one of the judges of election at the Brule Creek precinct. This election, it will be understood, was before the day of the Australian ballot, when the election ballots were furnished by the com- mittee of the different political parties, and were given out in quantities before election, to whoever wanted them. Any person was also privileged to write or print tickets, selecting his own candidates if he so preferred.

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History of Dakota Territory, volume I, Part 47

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