USA > South Dakota > History of Dakota Territory, volume I > Part 56
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Free conveyance from Yankton will be furnished to all thoroughly loyal men who wish to attend.
This convention nominated a full legislative ticket, which was duly elected at the election seven days later.
COMPANY B MUSTERED IN
Company B, Dakota Cavalry, which had been formed by recruiting and by the consolidation of two or three small detachments that had been raised under the proclamation of the governor of October 12, 1862, was mustered into the service of the United States March 31, 1863, at Sioux City. Here follows the muster roll :
COMMISSIONED OFFICERS-William Tripp, captain; John R. Wood, first lieu- tenant, Elk Point; T. Elwood Clark, second lieutenant.
NON-COMMISSIONED OFFICERS-Elijah K. Robinson, first sergeant ; Josiah San- born, Sioux City, Louis St. Onge, Melancthon W. Hoyt, Yankton, Samuel M. Crooks, Nathan McDaniels, Bon Homme, sergeants; Norris I. Wallace, quar- termaster sergeant, Elk Point; Eli B. Wixson, commissary sergeant ; Myron Sheldon, Sherman Clyde, Lawrence Dignan, Ferdinand Turgeon, John S. Hall, George W. Dimick, William H. Fate, William McDermott, corporals; Theodore Oleson, blacksmith; John Fitzgibbon, wagoner; John Gregory, bugler.
PRIVATES-Oliver Allen, Henry Arend, Christopher Arend, Thomas H. Arm- strong, I.eander Gertier, Miles Cowan, James Dormidy, Louis H. Dery, John R. Ealey, William F. Furlong, James I. Furlong, Antoine Fleury, Samuel Farns- worth, Hugh Ganghran, Lewis Gates, William R. Goodfellow, William C. Homer, Thomas J. Hampton. Stephen Horton, John Hough, Ulrick Jarvis, Trobridge R. Jewell, Alexander Keeler, Matthias Larson, John B. Lavoie, Octave Lavoie, Joseph Lionat, Charles Leonard, Cornelius McManara, Daniel N. McDaniels, John McDonough, George D. Mattheison, Richard W. Mattheison, William Metcalf, John Nieff, James Oleson, Sterling L. Parker, Thomas Reandeau, Bap- tiste Reandeau, George Rose, Miles Rimer, General M. Reese, John Rouse, Joseph Stringer, John Sowick, Louis St. Onge, Dempster D. Sprague, William Trumbo; Alexis Traversie, Paul Traversie, Hezekiah Townsend, Joseph W. Vandeviere, Bernard Verwyk, William Vanosdel, Samuel Vanosdel, Lorenzo Wood, Uriah Wood, Henry Will, J. Whitcomb, John I. Welch, Thomas Wilson, Z. Zurick, George Belous, Harmon Fieltoet, Louis Frick, Ole B. Larson, Ferman Pattee, James O. Phelps, Fred Robert, William W. Snyder, John B. Snow, W. Searls, Jr.
PRESIDENTIAL DELEGATES
A call was issued in December, 1863, for a territorial delegate convention of the "republican and union" party to meet at Yankton on the 7th of the approach- ing January ( 1864), for the purpose of electing two delegates to the national convention in 1864 for the purpose of nominating candidates for President and vice president. This national convention had not yet been called, but nearly all the leaders of the republican and union party in the territory would be in Yank- ton attending the sessions of the Legislature, and it was decided that it would be best to hold this convention during the session, when the people could, if they de- sired, elect their legislative members as delegates and thus save time and expense of holding the convention at a later day. It was generally believed and desired that Abraham Lincoln would be renominated for President without a dissenting voice. The call for this convention was signed by W. W. Brookings, chairman ; John W. Boyle, Clay County ; William Frisbie, Union County; and George M. Pinney, Yankton, with George N. Propper, secretary.
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In accordance with this call, conventions were held in the various counties and delegates were elected, as a rule the counties selecting their legislative mem- bers as such delegates, they being already on the ground.
The territorial convention met at the capitol building, Yankton, on the 7th of January. 1864. llon. J. M. Allen, register of the United States land office at Vermillion, was elected chairman, and B. A. Hill and G. W. Kingsbury, secre- taries. A Committee on Credentials was appointed, consisting of I. T. Gore, Cole County ; E. M. Wilby, Charles Mix ; A. W. Puett, Clay ; J. R. Hanson, Yankton ; and D. M. Bradford, Bon Homme, which committee, after a brief recess of the convention, reported the following delegates entitled to seats :
Cole County-Albert Gore, J. O. Taylor, M. M. Rich, J. Mathews, B. A. Hill, D. Ross, N. G. Curtis, and Asa Mattison ; Clay County, Ole Bottolfson, A. W. Puett, B. W. Collar, William Shriner, 11. Gunderson, L. Bothun, Aaron Car- penter, J. M. Allen, and H. Burgess, and that J. M. Allen and William Shriner be instructed to cast the vote of absentees from that county ; Yankton County, J. R. Hanson, Bligh E. Wood, George M. Pinney, George W. Kingsbury, John Lawrence, Knud Larson. W. W. Brookings and J. M. Stone; Bon Homme County, Laban H. Litchfield, Henry Brooks and D. P. Bradford ; Charles Mix County, E. M. Wall, and J. J. Thompson, who is authorized to cast two votes.
The report was adopted, and on motion the convention proceeded to an in- formal ballot for delegates to the national convention, with the following result : W. A. Burleigh, 2; George M. Pinney, 3: John J. Thompson, 9; J. R. Ilanson, 9; Newton Edmunds, 7; John Hutchinson, 7; J. W. Boyle, 11; J. O. Taylor, 8; John Lawrence, 2; L. II. Litchfield, 2; J. M. Stone, 1; J. M. Allen. I.
A second informal ballot was then taken, as follows, the names of Messrs. Hutchinson, llanson, Thompson, Taylor, Stone and Allen having been with- drawn: A. W. Puett, 2; W. A. Burleigh, 17: George M. Pinney, 14; Newton Edmunds, 3: J. W. Boyle, 8; John Lawrence, 15; L. H. Litchfield, I.
On motion, the convention next proceeded to a formal ballot, the names of Messrs. Puett, Burleigh, Lawrence and Litchfield having been withdrawn. The ballot resulted: George M. Pinney, 30; Newton Edmunds, 23; J. W. Boyle, 8; W. A. Burleigh, 1. Messrs. Pinney and Edmunds were declared elected.
After this result was announced, a letter was received from Gov. Newton Edmunds, declining the delegateship as incompatible with the best interests of the party, both delegates being taken from Yankton County.
On motion the declination of Governor Edmunds was accepted.
On motion of Mr. Pinney, Messrs. Kingsbury. Hanson and Puett were ap- pointed a Committee on Resolutions, after which a recess was taken until 7 o'clock.
After reconvening the convention proceeded to a formal ballot for the election of a delegate to the national convention in place of Governor Edmunds, resulting in the choice of J. W. Boyle, of Clay County.
On motion a committee was appointed to select and present to the convention five names for a territorial central committee.
The committee recommended W. W. Brookings, Yankton County : Mahlon Gore, Cole County; L. B. Bothun, Clay County; L. H. Litchfield. Bon Homme County, and John J. Thompson, Charles Mix County. The recommendation was adopted.
On motion the Hon. J. Thompson was elected as alternate delegate for George M. Pinney, and Hon. J. O. Taylor, alternate for J. W. Boyle.
The Committee on Resolutions then made its report, as follows :
Resolved. That the acts and measures of the national administration in its efforts to suppress the present existing rebellion, have our united and hearty approval and sympathy, and we sincerely hope it will pursue, with every means in its power, the vigorous prosecution of the war.
The resolutions further commended President Lincoln for the wise and pa- triotic course he was pursuing to restore the Union; also commended Salmon P.
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Chase, secretary of the treasury, for the able and successful manner with which he managed the finances of the country, declaring that his greater fame would rest upon his title, "the Father of the Greenback :" also demanded the construc- tion of the north branch of the Pacific railroad by way of the Missouri and Nio- brara valleys to a junction with the main line at or near Fort Laramie; and recommended to the public the overland route to the gold mines of Montana through Southern Dakota.
The resolutions, as reported, were adopted, whereupon the convention ad- journed.
PRESIDENT LINCOLN'S THANKSGIVING EDICT
There was an carnestness and sincerity in the Thanksgiving proclamation issued by President Lincoln during the Civil war, and these were supplemented by proclamations at various times calling the people to observe a day devoted to humiliation and prayer. Mr. Lincoln was strong in the faith of God's over- ruling Providence, and no doubt endeavored at all times to be guided by the light which came to him through his unfaltering faith and implicit trust in the Almighty, whose approval and blessing would surely give victory to the Union cause. Showing the President's attitude in seeking the guidance of the Almighty Ruler of Nations. Mr. Lincoln's proclamation of 1863. in the midst of the frater- cidal conflict, is here reproduced :
By the President of the United States of America; A Proclamation :
The year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added which are of so extraordinary a nature that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of the Almighty God.
In the midst of a civil war of unparalleled magnitude and severity, which has sometimes seemed to foreign states to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere except in the theater of military conflict, while that theater has been greatly contracted by the advancing armies and navies of the Union.
Needful diversion of wealth and of strength from the fields of peaceful industry to the national defense has not arrested the plow, the shuttle or the ship ; the ax has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, not- withstanding the waste that has been made in the camp, the siege, and the battlefield, and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom.
No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the most high God, who, while dealing with us in anger for our sins. hath nevertheless remembered mercy.
It has seemed to me fit and proper that they should be solemnly, reverently and gratefully acknowledged, as with one heart and one voice, by the whole American people. I do there- fore invite my fellow citizens in every part of the United States, and also those who are at sca and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a day of thanksgiving and praise to our beneficent Father who dwelleth in the heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to his tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty hand to heal the wounds of the nation and to restore it, as soon as may be consistent with the divine purposes, to the full enjoyment of peace and harmony, with the union of our states completely restored.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 3d day of October, A. D. 1863, and of the independence of the United States, the eighty-eighth.
ABRAHAM LINCOLN.
By the President :-
WILLIAM IT. SEWARD, Secretary of State.
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CONGRESS SOLICITS DIVINE FAVOR
A very gratifying and encouraging feature that marked the proceedings of Congress during the Civil war, as well as the Executive Department, was the fre- quent occasions set apart for invoking Divine assistance in guiding the Govern- ment through the perils which beset it. There need be no doubt that our rulers had abundant faith in God and felt that with His favor and blessing the Union cause would be invincible. And it seemed that all were striving in the utmost sincerity to win God's approval of their work. Our nation was likened unto the Jewish nation, in its early career, when God led it through all perils, and by frequent reprimands and severe punishments, to signal victories. The several proclamations which have been reproduced in these pages exhibit the sincere and trusting faith our rulers had in God's approval of the Union cause, and the work was planned to secure a continuance of His blessings. There could be but one outcome to a struggle where God's overruling Providence was so im- plicitly recognized. We here print the full text of a concurrent resolution passed by Congress in June, 1864, showing the fervent piety and devout trust held by the members of that body :
Resolved, That the President of the United States be requested to appoint a day for humiliation and prayer by the people of the United States; that he request his constitutional advisers at the head of the executive department to unite with him as chief magistrate of the nation at the City of Washington, and the members of Congress, and all magistrates, all civil, military and naval officers, all soldiers, sailors and marines, with all loyal and law abiding people, to convene at their usual places of worship, or wherever they may be, to confess and to repent of their manifold sins; to implore the compassion and forgiveness of the Almighty, that if consistent with His will, the existing rebellion may be speedily sup- pressed and the supremacy of the Constitution and laws of the United States may be estab- lished throughout all the states; to implore Him, as the Supreme Ruler of the world, not lo destroy us as a people, nor to suffer us to be destroyed by the hostility or connivance of other nations, or by obstinate adhesions to our own counsels, which may be in conflict with His eternal purposes, and to implore Him to enlighten the mind of the nation to know and do His will, humbly believing that it is in accordance with His will that our place should be maintained as a united people among the family of nations; to implore Him to grant to our armed defenders and the masses of the people that courage, power of resistance, and endurance necessary to secure that result; to implore Ilim in his infinite goodness to soften the hearts, enlighten the minds, and quicken the consciences of those in rebellion, that they may lay down their arms and speedily return to their allegiance to the United States, that they may not be utterly destroyed; that the effusion of blood may be stayed, and that amity and fraternity may be restored and peace established throughont all our borders.
In accordance with the resolution, the President designated the first Thurs- day of August, 1864, to be observed by the people of the United States as a day of national humiliation and prayer.
It will be seen by these state papers that the rulers of our national Govern- ment during the Civil war were deeply imbued with the conviction that the out- come of the war was in the hands of the Almighty; the people were no less im- pressed with this conviction than were the rulers, and these occasions of prayer and praise and humiliation were observed with devout hearts and earnest, sin- cere prayer for the favor of the Most High. It is noticeable that the enemies of the Union were commended to the favor and goodness of the Supreme Ruler, that he would not suffer them to be destroyed, indicating that there was no vindictive or revengeful spirit felt toward those in arms against the Government, but plainly a solemn invitation to abandon their efforts to destroy the Government and divide the Union, lay down their arms, return to their allegiance, and they would find their reception cordial and sincere and worthy of a great nation in treating with its rebellious but repentant sons.
This day of humiliation and prayer, which fell on Thursday, August 4th, was appropriately observed in Dakota by religious services, and in Yankton by services conducted by Rev. L. P. Judson, a Baptist clergyman, who resided at Bon Homme, and had come out with the New York colony under the auspices of the American Baptist Home Missions. The services were held in the capitol building.
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Governor Edmunds issued his first Thanksgiving proclamation on the 26th day of October, 1863. It is here given in full. It was his first official act and is a very creditable and appropriate state paper :
In accordance with the proclamation of the President of the United States and a time honored usage of this country, 1. Newton Edmunds, governor of Dakota Territory, do hereby appoint the last Thursday of November next as a day of thanksgiving to Almighty God for llis great mercies and many blessings of the past year; in that He has preserved our lives, blessed us with health, and given us an abundant harvest; in that He has protected us from the hands of the cruel and relentless savage, and kept us from all harm.
Let us thank God for the immortal triumph of our armies in this great struggle for our national preservation; and let us thank Him also for the bravery, indomitable energy and perseverance of our citizen soldiers. Let us thank God for the preservation of our free institutions, won by the fortitude, bravery and blood of our fathers and handed down to us with their blessing. Let us acknowledge before God our manifold and grievous sins as a nation, and with firm reliance on the Great Ruler of the Universe, commit our cause to Him in whose hands are the destinies of nations.
In testimony whereof, I have hereunto set my hand and caused the great seal of the territory to be affixed. Done at Yankton, D. T., this 26th day of October, A. D. 1863. NEWTON EDMUNDS,
Governor.
CHAPTER XXX THE THIRD SESSION OF THE LEGISLATURE
1863-64
THE THIRD SESSION OF THE LEGISLATURE, 1863-64-CONTESTED SEATS GROWING OUT OF THE FRAUDS OF 1862-FIRST MESSAGE OF GOVERNOR EDMUNDS-THE CIVIL WAR -THE INDIAN CAMPAIGN CRITICIZED-THE ROUTE TO IDAHO-PROMOTING IMMI- GRATION-NORTHI BRANCH OF THE PACIFIC RAILROAD-THE PUBLIC DOMAIN- MILITARY PROTECTION FOR THE SETTLEMENTS-RED RIVER LEGISLATIVE APPOR- TIONMENT REPEALED-AUDITOR'S REPORT ON MILITIA EXPENSES OF 1862.
The third session of the Legislature convened at Yankton on Monday, the : 7th of December, 1863. The membership of each house had been increased by the apportionment bill passed a year ago, and the council now consisted of thir- teen members, and the House of twenty-four.
There was a contest from Cole County, and also from Bon Homme County, which prevented the members from those districts from any participation in the organization. The council membership, uncontested, consisted of the following :
Cole County, contested (three members ) ; Clay County, L. Bothun, H. Comp- ton, Franklin Taylor; Yankton County, J. M. Stone, Enos Stutsman, George W. Kingsbury; Bon Homme County, contested; Todd County, J. Shaw Gregory ; Charles Mix County, John J. Thompson.
Governor Edmunds administered the oath of office to the members, and the following officers were elected :
Enos Stutsman, president ; J. R. Hanson, secretary ; Charles F. Rossteuscher. assistant secretary ; B. C. Fowler, sergeant-at-arms; T. W. Thompson, fireman ; Samuel Grant, messenger ; and Rev. M. Hoyt, chaplain. The standing Committee on Elections was appointed to consider the contest cases, and the council ad- journed.
The membership of the House consisted of the following named gentlemen :
Cole County, contested : Clay County, E. M. Bond, Ole Bottolfson, O. Burgess, G. W. Pratt, A. W. Puett, William Shriner ; Yankton County. W. W. Brookings, John Lawrence, Knut Larson, Washington Reed, Philip Risling; Bon Homme County, contested ; Todd County, Jesse Wherry, Peter Kegan; Charles Mix County, E. W. Wall.
Chief Justice Bliss, owing to the illness of Secretary Hutchinson, called the roll and administered the oath of office, after which the following officers were elected :
A. W. Puett, Clay County, speaker; Mahlon Gore, Cole County, chief clerk ; A. K. Curtis, Cole County, assistant clerk ; Ole Sampson, Yankton County, ser- geant-at-arms ; 1 .. Larson, Clay County, fireman ; L. R. Severson, Clay County, messenger : Rev. Albert Gore, Union County, chaplain.
The standing Committee on Elections, consisting of Messrs. Brookings. Shriner and Keegan, was appointed in order that the contested seat cases might have an immediate hearing, and the House then adjourned.
On the third day, Mr. Kingsbury, of the council, chairman of the Committee on Elections, to whom was referred the certificate of election of Messrs. M. M. Vol. 1-21
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Rich, John Mathews, J. O. Taylor and George Stickney, A. Christy and Charles Labreche, contestants for seats in the council from the First Council District, Cole County, submitted the following report :
Mr. President :- Your Committee on Elections to whom was referred the respective credentials of the gentlemen from Cole County, claiming seats in this body, have given to the matter a candid and impartial investigation, allowing full and satisfactory time to the claimants of each opposing party, to present all the evidence deemed by them necessary to establish their respective rights to membership in this council, and after listening patiently and with due attention to the evidence produced by each party, have candidly and without undne prejudice, arrived at the following conclusions :
That on the 7th day of September, 1863, an election was held in Cole County, Dakota Territory, for members of the legislative assembly now in session. That such election was held at different places in the county, and conducted pursuant to orders, notices and proceedings of two different boards of county officers, both claiming a legal existence.
That no evidence has been produced before your committee showing that the board of county officers, composed in part of Thomas C. Watson, Archibald Christie, and Sherman Clyde, as county commissioners, Henry S. Carpenter, as register of deeds, and William Searls, judge of probate, were ever properly qualified to act as such, and that all elections that had been held in compliance with the proceedings of the above named gentlemen, claim- ing to represent the respective offices before mentioned, are and of right should be null and void and consequently of no effect.
That the board of county officers, consisting in part of William Frisbie, William Mathers and John R. Wood as county commissioners, N. J. Wallace, register of deeds, and A. R. Phillips, judge of probate, were duly appointed pursuant to law, to these respective positions by the governor, and under the law which created the power and named the manner of their appointment, they are made to hold their respective offices until their successors are elected and qualified. In the opinion of your committee, the last named officers (with the exception of N. J. Wallace, whose commission as register of deeds was revoked, and a commission issued to M. M. Rich, by the governor, which last named gentleman your com- mittee believe to have been the rightful register of deeds of Cole County since his appoint- ment as such), were the only legally constituted officers of Cole County, in their respective positions, who could act as such during the time comprised in the proceedings out of which this contest has grown, and that the election held on the 7th day of September, 1863, pur- . suant to the proceedings of Wm. Frisbie and Win. Mathers, as county commissioners, and M. M. Rich, as register of deeds, was the only one in the opinion of your committee, pos- sessing the sanction of legality.
Your committee would wish to remove any impression in the minds of this honorable body and the citizens of Dakota, that the board of county officers first mentioned in this report, and the gentlemen assuming to be elected members of this council under their pro- ceedings, have shown any desire in their several acts, other than that apparently prompted by a sincere wish for justice, and the evidence produced and the conduct of the gentlemen before your committee has been of that courteous, candid and straightforward character, which deserves and receives our unqualified esteem.
The evidence upon which your committee base their conclusions is herewith presented in part, though not in such concise form as will be readily accessible, owing to a lack of time on our part since our investigation was concluded.
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