History of Dakota Territory, volume I, Part 57

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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Finally, in consideration of the facts and conclusions set forth in the foregoing report, based upon full, complete and satisfactory evidence, your committee believe that they have discharged their whole duty to the parties opposed in this contest, to the citizens of the first council district, and to this honorable body, and feel assured that from this statement you will be enabled to arrive at an equitable conclusion respecting the conflicting claims herein presented.

All of which is respectfully submitted.

GEO. W. KINGSBURY, Chairman, HUGH COMPTON, JOHN J. THOMPSON, Committee on Elections.

This report, signed by the full committee, was adopted and Messrs. Frisbie. Rich and Mathers, were admitted to seats.

A report of the same general tenor made to the House by the Committee on Elections was signed by a majority of the committee, viz .. W. W. Brookings, chairman, and William Shriner, of Clay ; but no minority report was submitted. The House adopted the report admitting N. J. Curtis, Asa Mattison, B. A. Hill, Dinneen Ross and Rev. Albert Gore, a Baptist clergyman. The contestants were Michael Ryan, Thos. C. Watson, D. Gross, M. LaSayes and John McBride.

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There was also a contest in both Houses from Bon Homme County, Daniel F. Bradford and John H. Shober claimed the seat in the council; and L. II. Litchfield and Henry Brooks and R. M. Johnson were claimants for the House seats. The county was entitled to two.

In the Bon Homme contests a majority of the House committee made the following report :

Mr. Speaker :- Your Committee on Elections find that in the case of Bon Homme County, Mr. Warford, who claims to be the register of deeds of said county and gave a certificate of election to R. M. Johnson, was appointed a deputy register of deeds of said county in the summer of 1862 by one H. W. Granger, who ceased to be a resident of said county before the fall election of 1862, if he ever was a resident of said county. That said Warford has no other claim to the office of register of deeds of said county, except by an election held in the night. after his party had broken up the legal and regular election, and destroyed the ballots.

Further, your committee find that L. H. Litchfield was appointed by William Jayne, governor of the territory, register of deeds of said Bon Homme County, on the ist day of August, 1862, and that from all the evidence before your committee, he is the only legal and proper register of deeds in said county; and that the persons having the certificates of election from said Litchfield are the only legal representatives of said county, to wit : L. H. Litchfield and Henry Brooks.

Further, your committee would notice the fact that there is but one claimant under the Warford certificate. Therefore your committee recommend that Messrs. Brooks and Litchfield be permitted to take their seats in this house as the legal representatives of Bon Homme County.

W. W. BROOKINGS, Chairman, W'M. SHRINER, Committee on Elections.

Yankton, December 1, 1862.

This report was adopted by the House and Brooks and Litchfield seated.

A similar report, signed by the full Committee on Elections was submitted to the council, recommending the admission of Daniel P. Bradford, which was adopted and Mr. Bradford was sworn in. There were no further contests. The members admitted in both Houses were candidates on the unconditional Union ticket. It may be safely stated, however, that all members in both Houses were Union men : the only dividing line being the supporters of Governor Jayne and those who adhered to General Todd. On this issue the council stood nine for Jayne and three for Todd ; and the House eighteen for Jayne and three for Todd. The Red River region was not represented in either House.

The annual message of Governor Edmunds was delivered to a joint conven- tion on the third day of the session. It is here given except the portion treating of national affairs :

Gentlemen of the Council and the House of Representatives :

A year has elapsed since last you assembled in this hall to deliberate and enact laws for the government and welfare of our people. A year of great trial to our country ; a year of intestine war and bloody feuds; a year in which our loyal and patriotic citizen soldiers have, by their bravery, indomitable energy and perseverance, obtained great and important victories over our enemies; a year in which whole states have been conquered and reclaimed from the possession and control of the traitors, who have for more than two years and a half, been engaged in murdering and plundering our fellow citizens, and devas- tating our once happy, united and peaceful country ; a year of border war with the relentless. implacable and heartless savages of our own territory-and still we have a country and government left us, of which we may all be proud. and which should be the pride and boast of every truc, patriotic and loyal American citizen, whether such by birth or naturalization. While all this has been transpiring in our country the past year. we have every reason to feel thankful for the blessings that have been bestowed upon us by an all wise, overruling Providence, and should fervently thank Him for his continued mercies vouchsafed 10 us.

Two expeditions have been fitted out the present season by the Government, at great expense and at a time of great peril to our whole country, when the aid of every able bodied man was needed by the Government for its protection against traitors-one from the State of Minnesota, the other from the State of lowa-both of which have, by long and tedious marches westward, traversed nearly the entire breadth of our country, having for their object the punishment of the Indians engaged in the massacre of the whites, our neighbors in the State of Minnesota, and for the depredations committed by them in that

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state, and in our own territory, within the past eighteen months; and though ample force was provided by the Government in both cases, and both succeeded in coming up with the Indians and inflicting some punishment upon them, I am sorry to say that in neither case has the punishment been of that severe and decided character as will be likely to end this bloody, expensive and harassing war; and there will doubtless be a necessity for another expedition next season. This circumstance is greatly to be regretted, from the effect that a border war of this character has upon the settlement and development of our territory and the increased expense to the general Government caused thereby. While I would censure no one for these failures, who have been connected with either of these expeditions, I feel that I would not be discharging my whole duty without expressing the opinion that the plan of these campaigns was on a much larger and more expensive scale than was neces- sary to accomplish the object, and was not organized on a basis to insure dispatch and thereby success. In connection with this subject I believe it to be due to Brigadier General Sully, who had command of the expedition up the Missouri River, to mention some of the obstacles which surrounded him in the execution of his part of the campaign. It is well known that in consequence of the unprecedented low stage of water in the Missouri River; the boats chartered to accompany the expedition, were delayed much beyond the expectation of the officers in command, and when they arrived at headquarters (Sioux City), were found to be almost useless for the purpose for which they were chartered. The failures to furnish animals for land transportation also caused much delay, and when they were finally furnished, many were in such a condition as to be entirely useless. The unprecedented drought, which destroyed the prairie grass, made it necessary for a much larger amount of land transportation than would have been necessary had the season been an average one. These obstacles, doubtless, prevented General Sully from moving his com- mand in time to meet General Sibley, as was contemplated in the original design of the campaign.

After garrisoning the several military posts in the Indian country, and distributing at proper points along the frontier a sufficient force to protect the settlements, I am of the opinion that one full regiment of cavalry, well armed and provided with pack mules suffi- cient for their necessity, under the command of active, energetic and determined officers, who have no feeling but a desire to punish and thoroughly subdue these Indians, would accomplish all these ends in one campaign, and that a short one.

With all the vigilance exercised by our officers along the frontier (and I most cheer- fully accord to them the exercise of this cardinal military virtue), the Indians have made frequent raids upon isolated settlers, have committed several most atrocious and cold- blooded massacres, stolen many horses and much other valuable property; and none engaged in these raids have, to my knowledge, been in the slightest degree punished. Why this is so, I am unable to say, but am irresistibly led to the conclusion that the system adopted is radically wrong. If so, and experience and results would seem to establish the position, then why not exchange it and try some other? Long and rapid marches must be performed ; quick and heavy blows must be given; severe and ample punishment must be inflicted upon these Indians, to effect the object desired; and it is to be hoped that such a policy will in future be adopted by the Government as will speedily insure a lasting and permanent peace, and bring quiet and tranquility to our harassed citizens.

Two years and eight months have now elapsed since Congress saw fit to construct the machinery for putting into operation our territorial government ; and on a change of admin- istration which occurred only two days thereafter, and as soon as our own present excellent chief magistrate had fairly got the reins of Government in hand, our first governor, his excellency, William Jayne, was appointed, and very soon thereafter repaired to the post of official duty and proceeded to put the wheels of our territorial government in motion. The task was a most delicate, arduous and difficult one, and most faithfully was it accom- plished. As an evidence of the favor with which our people have looked upon and appreciated this selection of the President, and as a just reward for constant courtesy, fairness and uniform kindness, and the impartial manner with which he discharged the trusts imposed upon him, our people, within a little more than fifteen months after his arrival in our territory, with great unanimity selected him to represent them at the national capital. He, by the choice of our citizens, thus becomes our second delegate in Congress. Important results have been anticipated by our citizens in connection with the selection, not only from the fact of his intimate personal relations with the President, his earnest, hearty and cordial sympathy and identity with the administration; his fidelity, patriotism and love of country, but also for his condemnation of rebels and rebel sympathizers wherever they are found.

I would call your attention to the importance and necessity of inaugurating a thorough and complete system of common schools in this territory, for the benefit of rising genera- tions. Congress has, by its enactments, understanding well the importance to American citi- zens, set apart two sections of the public domain in our territory to every six miles square, as a basis on which to found a permanent and enduring school system, which if properly cared for, will in time enable us to establish a system of free schools, with such an endow- ment as will cause the burthens of such a system to fall lightly upon our citizens. The importance of having a common head in our school system, it appears to me must be patent to all. The plan adopted at your last session, of county superintendents, may be well so far as it goes; but it appears you have in this inaugurated just so many independent school

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systems as there are organized counties in the territory. Such a system must, in a short time, lead to almost inextricable confusion, the result of which will be to bring the whole plan into disrepute. Wise and judicious modes of education, patronized and supported. by communities, will draw together the children of all grades of society, among whom it makes no distinction. It will cultivate the natural genius, elevate the soul, excite laudable emula- tion to excel in knowledge and benevolence, and it will reward its benefactors by shedding its benign influence on the public mind and morals. Education inures men to thinking and reflecting, to reasoning and demonstrating, and enables them to discover the moral and religious duties they owe to God and their country. It leads our youth to the study of human nature, society, and universal history, and causes the mind to be interested in dis- covering truth, and will at least, induce a large majority to array themselves on the side of and in the defense of truth.

1 would recommend such an amendment of our school law as will make these county superintendents amenable and subordinate to a territorial superintendent, who shall be elected by the people, who shall have the general supervision of our school system. It appears to me that our common school system will be very imperfect and ineffective until this is done. 1 deem it of the utmost importance in inaugurating a system of the magni- tude that this will ultimately become in this territory to future generations, that we start on a firm, sure and perfect basis.

Our election law needs amending in many particulars. Its workings have demonstrated the necessity of more stringent provisions to prevent illegal voting; for the protection of the voters and ballot box at the polls, and for the protection and safety of the persons of the judges and clerks of election. It is desired by all that every actual bona fide resident of Dakota of lawful age, who is a citizen of the United States, and has resided the requisite time in this territory, shall have the privilege of voting unawed by any person or faction. While this is the feeling, it is at the same time important that every possible safeguard should be thrown around the ballot box to preserve its purity, in order that the actual wishes of our citizens may be arrived at, as expressed through that medium, and at the same time the law should be so guarded that no one, not actually entitled to exercise the right of suffrage, whether in the military service or not, shall be permitted to vote at any clection in this territory without incurring such fines and penalties as shall deter all such persons from offering to vote. I would recommend a change in the time of holding our annual elections from the first Monday in September to the first Tuesday after the first Monday in October, in each year, and the enactment of a law making it a high crime for any person or persons, except the judges of election, or those whose duty it is made by law, to interfere in any manner with the ballot box or the ballots, and attach such fines and penalties in such case as will be likely to deter in future all efforts at interference by outsiders in such cases.

The subject of fostering and promoting immigration into our new territory is a matter of vital importance to our whole people, and cannot well be overestimated. The individual efforts of some of our citizens in this respect very justly deserve your attention and com- mendation, and should receive that encouragement at your hands that the importance of the subject would seem to indicate. The efforts made by Surveyor General Ilill in this direction, though as yet attended with no very decided results, would seem to have laid the foundation for a large and flourishing settlement from the Empire State; and when made as in this instance, from an earnest desire to promote our growth and increase our material wealth and importance as a people, full credit and co-operation should be given him, as far as possible, on your part. I would recommend that you memorialize Congress for an allowance of $1,000, to be placed at the disposal of three commissioners of emigra- tion, to be by them used in such manner as will be deemed most likely to secure the desired object. I have no doubt that this sum, judiciously expended, would accomplish results that would be entirely satisfactory to our citizens; even though it should be necessary to have this sum annually deducted from the appropriation by Congress for legislative purposes in our territory, and if necessary to secure it. I would recommend that you ask that this amount be deducted from year to year, to be so applied. With the view of securing the services of able and competent men, who will carefully guard this expenditure, and make it accomplish as much as possible, who can afford to serve gratuitously, would recommend that our chief justice, secretary and surveyor general constitute said commissioners.

The recent discoveries of rich deposits of gold in our neighboring territory, Idaho, have very justly attracted a large share of attention, not only in our own territory, but in all the northwestern states and territories, and the question of most importance among the numerous persons who have had their attention directed to this new Eldorado, and who are now desirous of making a pilgrimage thereto, seems to be "how to get there" and "which way to go." But two routes have thus far been available to the numerous persons who have left our territory for this auriferous region. The shortest, most practicable and expe- ditious route at present is via the Missouri River (when the stage of water is such as to admit it) to Fort Benton, by steamer, thence overland by teams or pack mules, to the gold fields. The other is by a long and tedious journey overland, by way of Omaha, Forts Kearney and Laramie, to Salt Lake City; thus traveling, in taking the latter route, over six hundred miles further than necessary to reach the desired point ; provided an overland route was opened through our own territory, and protection afforded those desiring to

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visit the gold mines of Idaho. The importance of opening a direct route to those mines through our own territory, and turning the tide of emigration this way, cannot well be overestimated, either to the emigrant or to the interests of our people. To the emigrant as a means of shortening his long and tedious marches, by reducing the distance over six hundred miles, and by saving from three to four weeks' time; to our own citizens by afford- ing to our farmers a ready market for all their surplus produce at their own doors, thus saving the necessity of cartage and necessary absence from the fields of their labor; and to our merchants and business men, from the increased demands made upon their stocks and business by the emigration flowing constantly past their doors, making it necessary for them to establish large and extensive depots of supplies in the way of mining implements, provisions, and other articles necessary to supply the wants of a people about to engage in such a business. The shortest, best and most practicable route to the gold fields of Idaho, from any of the northwestern states, is undoubtedly through the settled portion of our territory. to the mouth of the Niobrara River, or Fort Randall, from thence along the divide between the Niobrara and White rivers; thence under the base of the Black Hills, passing the sources of the Yellowstone to the Forks of the Missouri. 1 trust our delegate in Congress will, at an early day, urge the matter upon the attention of Congress in such a manner and with such force, as will secure an appropriation sufficient to open the route and secure protection to all who may desire to avail themselves of the shortest route to these mines. This matter is also of vast and vital importance in another point of view, from the fact that this route would pass through the very heart of the Indian country, and its effect, in my opinion, would be, in a very short time, to satisfy the Indians of the folly of their efforts to exterminate the whites, and would soon cause them to come forward, make treaties of peace, and at no very distant day, lead them to locate upon the reserva- tions, and by judicious management cause them to abandon their present mode of life and turn their attention to agriculture and the arts, ultimately civilize them, and finally become, as they are undoubtedly capable of becoming, in the course of time, respected and esteemed citizens-no longer a terror to defenseless women and children, and a barrier to the advance- ment of settlement and civilization.

The subject of the location of the northern branch of the Union Pacific Railroad is justly attracting a large share of the attention of our citizens, and its importance to our people cannot well be overestimated when we take into consideration the very important fact, which is susceptible of positive demonstration, that the shortest and indeed only practicable route for this road, from Sioux City westward, is through our own territory along the Valley of the Missouri River, to the mouth of the Niobrara; thence up the valley of that stream to or near Fort Laramie; thence to the South Pass. The saving of distance in adopting this route cannot be less than one hundred and fifty miles, to say nothing of the difference in the cost of construction, which may be estimated at many millions of dollars, as in following the valleys of these streams a grade is already virtually established, timber and water in abundance is at hand to construct the road and supply it for years ; while in the other case, in adopting the route contemplated in the bill as passed by Congress, the road would run for a long distance over the most hilly and broken country several hundred miles, entirely destitute of timber, and, I suppose, for a long distance of water also; with the additional expense to the company of maintaining and operating an extra one hundred and fifty miles of railroad of the importance of the one under consideration. It appears to me that it is only necessary to call the attention of members of Congress to this subject, to cause them at once to take such action as will secure to our people a fair participation in the benefits to be derived from the construction and operation of this road. I would recommend that you memorialize Congress on this subject, setting forth the advantages of adopting the line of route indicated, and praying Congress to authorize the Missouri and Niobrara Valley Railroad Company to construct a railroad and telegraph line from the Big Sioux River, near Sioux City, lowa, by the most direct and feasible route to such point as will connect said railroad with the Union Pacific Railroad, in the direction of the South Pass of the Rocky Mountains, on the same terms as is provided for the con- struction of the Union Pacific Railroad, by act of Congress approved July Ist, 1862.

None of the public domain in our territory having as yet been brought into market by the general Government-a fact which happily accords with the present desire of our citizens, who all feel that in this matter the Government has consulted the best interests of our actual settlers-we have inaugurated no system of taxation, and as a consequence, have no means at hand of showing, by actual and reliable returns, the favorable condition of our citizens engaged in agriculture, manufacture, or the arts, or the large and important interests of our stock growers. While this will be a matter of pride and boast to our citi- zens, when compared with other sections of the country, taking into consideration our popu- lation, and the recent purchase and redemption of our territory from the Indians, we all feel that it would not be compensated for by placing the public lands in a position to be entered by speculators or non-residents, to be held for years at a largely enhanced price, to the great detriment of our territory and our actual bona fide settlers. We cannot but feel thankful to the Government for its liberality to us in this respect, particularly when we consider the enormous amount of money required, and the great relief that would be afforded by large sales of public domain. Here, free homes are offered by our beneficent Government to actual settlers, in a country unsurpassed in salubrity and purity of climate,

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and where whole townships and even counties, of vacant lands are found, as productive as the savannahs of the South. There are today thousands of men in the eastern and middle states that have constantly toiled from year to year for a subsistence for themselves and families, on a few acres of well worn rented land, and paying in many cases a price per acre for the use of such lands per annum, as would secure in our territory a homestead of 160 acres of as fine lands as the sun ever shone upon, every foot of which is susceptible of the highest state of cultivation, at less cost in labor than in any country to be found in the eastern or middle states. The small farmers in these states have only to see these lands and all the surrounding advantages to appreciate the liberality of the Government, and the great advantage of secking a home in our territory, where but a few years of the same industry and economy practised by them in their eastern homes, from childhood, would be requisite to make all comparatively independent in a pecuniary point of view.

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History of Dakota Territory, volume I, Part 57

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