History of Dakota Territory, volume I, Part 58

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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I transmit herewith the full and very able report of our territorial auditor, to whom much credit is due for the fidelity with which he has discharged his laborious and arduous duties. Incorporated in the report of the auditor is that of llon. James Tufts, special com- missioner by act of our last legislative assembly, approved January 9th, 1863, to pass upon claims of our citizens for military services under the proclamation of my predecessor, issued on the 30th day of August, 1862, calling out the "entire militia of the territory," for the protection of the lives and property of our citizens. With great promptness and unanimity our citizens responded to the call of the governor, remained in service and afforded ample and perfect protection until the immediate danger was over, and until relieved by a force of volunteers regularly mustered into the service of the United States. The best commentary on the faithfulness and fidelity of Commissioner Tufts in the discharge of his delicate duties is shown in the aggregate of these claims, which only amounts to $28,137.17. for two months' service of our militia, including rations, forage, transportation, etc. These figures can but compare favorably with claims of like character which have accrued in other terri- tories under similar circumstances. I would renew the recommendation of iny predecessor in his last annual message. that you memorialize Congress for an appropriation sufficient to refund to the territory all the expenses incurred by her in providing for the maintenance of the militia on the occasion referred to.

1 transmit herewith the report of Adit .- Gen. C. P. Booge, which shows the present status of military affairs in the territory so far as returns have been made to his office; but which, owing to the negligence of some of the company officers, and the imperfection of the law creating our militia system, are necessarily very imperfect and unsatisfactory in their details. In case injustice is done to individuals, it is caused by the negligence of the officers in not making proper returns to the adjutant general. The reforms recom- mended by General Booge are such as experience has shown to be necessary; and 1 hope you will provide an efficient law, and a suitable place to store the arms and property of the territory.

The subject of military protection is one in which all our citizens take a deep interest, and it is one of vital importance to us, as unless ample protection is afforded by the Government, we cannot expect our isolated settlements will flourish and expand. 1 am fully convinced that a line of military posts, extending from the Minnesota state line, across the southeastern portion of this territory, intersecting the Missouri River near the mouth of Crow Creek, under command of officers who will make themselves active in the discharge of their duties, will afford our settlers, and those of northwestern Iowa and southwestern Minnesota, better protection, at less cost to the Government, than can be afforded in any other way. Should the Government see fit to establish military posts at Lake Shetek, in Minnesota ; at or near Sioux Falls; and at the crossing of Dakota River near the mouth of Flint Creek, in this territory: with proper energy and activity on the part of the troops at these several stations, I believe full. ample and perfect protection could be afforded to all the frontier settlers of Minnesota. Jowa and Dakota.

An unfortunate controversy has existed in two of our organized counties, from the time of their organization under the laws passed at the first session of the Legislature. to the present, and to all appearances is no nearer a satisfactory solution than when first inaugurated. This controversy has been a source of much anxiety and regret to our citizens generally and has had a most damaging and deleterious effect upon the prosperity and development of the counties wherein it exists; and what is more to be regretted, has been the cause of fostering and keeping alive an ill feeling among neighbors and those who would otherwise be warm personal friends. I hope in your wisdom, you will devise some means of settling and disposing of these unfortunate controversies, which shall have the merit of being strictly just to all the citizens of Bon Homme and Cole counties, and rely on time and strict justice to heal the unfortunate differences and ill feeling which now exists in those counties.

Hoping that your deliberations may be characterized by such courtesy, forbearance and justice as to give no ground of complaint on the part of any one. I solicit from you your counsel and hearty co-operation in all matters calculated to promote the well being of Dakota. I dem it my duty, and it will he a pleasure to me. to furnish you all the informa- tion within my reach, calculated to aid you in your deliberations, in arriving at just and equitable conclusions on all subjects, and I shall most cheerfully and heartily co-operate

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with you in all measures calculated to promote our growth and increase our material wealth and prosperity.

In conclusion allow me to express the hope that ere the return of the next annual meet- ing of the Legislature, we may, through the aid of Divine Providence, look upon a re-united, peaceful, happy and free country.

NEWTON EDMUNDS.

Neither Minnehaha County nor the Red River country were represented directly in the Legislature. Mr. Brookings, who represented Minnehaha during the first two sessions was now a citizen of Yankton and a representative from that county. Minnehaha County had been entirely abandoned owing to the Indian troubles and it had been attached to Clay County for legislative and judicial purposes.

Early in the session a bill was presented repealing the law creating the coun- ties of Kittson, Chippewa, Cheyenne and Stevens in the Red River of the North and also repealing the law creating the seventh council and representative district, which gave these counties one councilman and two representatives. The repeal- ing statutes were passed and became laws. The grounds upon which the Legis- lature acted are set forth in the report of the council committee appointed spe- cially to consider and report on these measures. That committee reported as follows :

Your committee conclude that at the time the section of country comprised in the counties of Kitson, Chippewa, Cheyenne and Stevens, was erected into a council and repre- sentative district. the knowledge possessed by a majority of that Legislature regarding that section of the territory was largely speculative, and that but an imperfect and doubtful opinion existed respecting the rights belonging to persons residing in that country. An accommodating disposition prevailed among members of the Legislature and as all public matters regarding the territory were at that time taking preliminary degrees, each repre- sentative of a local interest was indulged, as near as could be, without that strict regard for justice and legality which time and mature reflection would suggest.

The fact that the counties above named were created on a domain to which the Indian title had not been extinguished, and consequently not under the executive or judicial juris- diction of our local territorial courts and laws, is of sufficient importance to demand the repeal of the acts creating them. The fact that the representatives from that country, when residing there, are not amenable to the laws they themselves aid in enacting, is sufficient cause to justly deny them any participation in the enactment of such laws. They enjoy a total immunity from taxation, and are practically without the jurisdiction of the territory except so far as our federal courts may have jurisdiction.

Your committee furthermore believe that a very erroneous impression is entertained by the people of the territory residing on the ceded lands regarding the persons who make up the population of the counties above named. From information of an authentic character your committee are led to believe, that with the exception of a few licensed traders, and itinerant missionaries, and a custom house officer and his assistants at Pembina, the resi- dents of that country are composed of Indians, half breeds, a few Canadian and Scotch farmers that had strayed across the boundary from the Selkirk Settlement in the British possessions, but were not naturalized citizens of the United States and who have removed back into their old homes in British America since the Indian war began in 1862.

Aside from these considerations your committee firmly believe that the general interests of that section will be best subserved by the passage of the bill under consideration; as it will serve to direct attention to the obstacles which prevent the occupation and settlement of that country by the white race and by the people of the United States, and will hasten action on the part of the general Government to secure the extinguishment of the Indian title to the soil, and the opening of the country, which is said to be rich in natural resources, to settlement and civilization. Your committee, therefore, recommend the early passage of the bill.

The bill was duly passed.

This session of the Legislative Assembly terminated on Friday, January 15, 1864. Its labors had been more in perfecting existing laws than in making new ones. Owing to the great preponderance of the "unconditional Union" members there was entire agreement on all political matters. Among the measures enacted was an entire new election law ; a general common school law ; changing the name of Cole County to Union; providing for the appointment, by the governor, of territorial auditor and treasurer as provided by the organic act ; repealing the act

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creating the counties of Kittson, Stevens, Chippewa and Cheyenne, on the Red River, and also repealing the provision of law granting to that district representa- tion in the Legislature; incorporating the Dakota historical association; incor- porating the Minnesota and Dakota Railway Company ; defining the boundaries of Buffalo County and attaching it to Charles Mix for judicial and election pur- poses ; constituting Yankton and Jayne counties the Second Judicial District, and attaching to the district all the ceded lands in the territory not embraced in the other districts ; a divorce law, creating Gregory County ; making the librarian of the historical society custodian of the territorial library. (This library was a splendid collection valued at $5,000. The books were passed out during the sessions of the Legislature and in time the number of volumes had notably de- creased and were never recovered.) A large number of memorials to Congress for appropriations to build bridges ; establish mail routes; erect military posts ; grant donations of land for building a State University at Vermillion; for a geological survey, and whatever could be suggested to aid the delegate in Congress in securing legislation and in obtaining departmental favors. A memorial for an appropriation to construct a capitol building was one that met with unanimous support, but it would seem that there were a number of Yankton citizens who would regret the success of stich a measure as it would deprive theni of a valuable asset which they were receiving for buildings rented by the Government, which included legislative halls, executive office, secretary's office, United States mar- shal's office, court rooms and surveyor general's office. A joint resolution was passed giving the returns of the election of 1862 for delegate to Congress, and strongly supporting the claims of ex-Governor Jayne to the delegateship.

At this session of the Legislature a law was enacted, approved January 9, 1863, appointing and authorizing a commissioner to audit the military accounts of the Territory of Dakota arising from the Indian troubles of 1862, and Hon. James Tufts was appointed by the law as such commissioner, and was directed to have stich accounts audited and presented to the territorial auditor by the 18th day of March following. Hon. Justice Townsend was then territorial auditor, but hay- ing received an appointment as army surgeon he deputized Robert M. Hagaman as deputy who attended to the issuing of territorial warrants for all accounts audited by the commissioner. These accounts were for services rendered as members of the Dakota militia under the proclamation of the governor dated August 30. 1862, and for material and supplies furnished in constructing stock- ades and in forage for animals and rations for the troops. This report of the commissioner formed the principal feature of the first report of the territorial auditor, and is presumed to contain the names of every able bodied male person in the territory at that time capable of firing a gun, except those persons who had enlisted in Companies A and B. Dakota Cavalry, whose names are given at the time of their mustering into the service of the Federal Government.

FIRST ANNUAL REPORT OF TERRITORIAL AUDITOR

Auditor's Office, Yankton, November 30th, 1863.

To the Honorable Council and House of Representatives :

By the 53d chapter of the laws of 1862 and 1863, it is provided that all accounts and claims against the territory, which shall be by law directed to be paid out of the treasury of the territory, shall be presented to the auditor, who shall examine and adjust the same and shall issue bills or warrants, payable at the territorial treasury for the sims which shall be found due from the territory, specifying in its bill the date of its issue, and the name of the person to whom payable.

And also, that "the auditor shall annually make out an accurate statement of the receipts and disbursements of the treasury for the preceding year, ending on the last day of the month previous to the one during which the legislative assembly shaft commence its annual sessions; also of the unexpended balance (if any there be), and shall report the same to each branch of the Legislative Assembly on the third day of its session, together with such remarks on the finances of the territory as he shall deem proper, for the consideration of

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the Legislative Assembly." In compliance with the foregoing provisions I have the honor to submit the following report, embracing, as far as practicable, the details required :

The total number of warrants issued up to the 30th day of November, 1863 (exclusive of military warrants), amount to $480.00, to wit:

No. 1, May 8, 1863, James Tufts $120.00

No. 2, May 8, 1863, J. R. Hanson. 120.00

No. 3, May 8, 1863, Wm. R. Goodfellow 44.00

No. 4, May 8, 1863, Wm. R. Goodfellow 196.00

Total .$480.00

All of which warrants are outstanding, and for the payment of the same there is no money in the treasury. The several acts creating and regulating the offices of territorial treasurer and territorial auditor, provide that the treasurer and auditor shall furnish for their respective offices suitable books, blanks, etc., neither of which requirements have been complied with for want of the necessary funds in the treasury, and for the same reason the auditor has not been able to furnish his office with a seal as required by law. The fol- lowing estimate will indicate the probable amount of liabilities on the last day of December, 1864:

Present outstanding warrants $180.00

Books and stationery for treasurer's office. 20.00

Book blanks and stationery for auditor 25.00

Seal for auditor's office 10.00

Salary for treasurer from October 1, 1862. 112.50

Salary for auditor from May 20, 1862 129.16

Total $776.66

To meet these liabilities, I would recommend that an appropriation be made by the Legislature, and that a territorial tax be levied upon the real and personal property within the territory, and a tax of one dollar upon each male citizen of the territory. With a capi- tation tax as above suggested, a tax of five mills on the dollar on real and personal property, though light, would, in my judgment, raise sufficient revenue to meet the ordinary expenses of the territory. I hope you will take these suggestions under consideration, and act upon them as in your wisdom you may deem necessary and advisable.

JUSTUS TOWNSEND, Territorial Auditor.

[Note .- See Chapter XXXV, page 380, for the report of the commissioner with the names of the militia organizations and their members. ]

CHAPTER XXXI IMMIGRATION FROM NEW YORK 1864

1864, IMMIGRATION-HARD TASK OF THE PIONEER FARMER-GENERAL 11ILL, A FRIEND OF DAKOTA-THE NEW YORK COLONY VISITED AND ADDRESSED BY GEN- ERAL IIILL AND DOCTOR BURLEIGH-ITS ORGANIZATION-SETTLES IN DAKOTA- ITS MEMBERSHIP AND WHERE THEY LOCATED-DAKOTA'S RIVALS IN THE IMMI- GRATION FIELD-BEGINNING OF EMIGRATION TO THE SALMON RIVER GOLD FIELDS-TILE MISSOURI RIVER ROUTE-A ST. LOUIS COMPANY OF CAPITALISTS.

During the winter of 1863-64, Governor Edmunds was in correspondence with the officers of the "Free Homestead Association" of Central New York, whose headquarters were at Syracuse, and the letters he received were of an encour- aging nature. Another association was forming near Ypsilanti. Mich., for the purpose of bringing into the territory a numerous body of good citizens. These movements added greatly in disseminating a cheerful and hopeful dis- position among the pioneers of Dakota, who were thoroughly united upon any proposition that looked to increasing the population of the territory, however they might differ regarding some other matters. It was conceded on every hand that the first great need of the territory was population. Without it all enter- prise was little better than wasted. More producers and more consumers meant more of everything and prosperity for all. The new comer was always greeted with a welcome that was hearty and genuine, and made to feel that he was "one of us." Farmers enjoyed the "right of way" when it came to any preference in extending the hand of fellowship, and if they came with shallow purses and empty handed, as many did, and exhibited the qualities of industry and honesty, they obtained without much difficulty such reasonable assistance as served to place them on their feet and give them a fair start. Dakotians were generous in this feature of their policy, and all stood ready to extend the helping hand in worthy cases. Notwithstanding this friendly and helpful dis- position, the farmer pioneer had serious obstacles to contend with. It is not a small task to make a home and construct a farm on the untamed pathless prairies, remote from neighbors, without roads or schools, or any of the ad- vantages and comforts which the inhabitants of a compact settlement enjoy. It is a hero's and a martyr's life work, if it is well done. No one can properly estimate the trials and discomforts of such an experience except those who have passed through them, and can view it in after life from the standpoint of success : from a comfortable home, ample well filled barns, fruitful fields and orchards and beautiful groves, and pastures rich with their cattle, swine and horses, and merry children making the home life real. This is the reward that has come to thousands who began almost penniless, with the clouds of adversity hanging low and threatening in almost every direction, and it is from the lips of such men and women we can hear a story of home building, through danger, toil, privation, and suffering that in printed words would appear more like a dream of fiction than a story of real life. This pioneer work of building a home

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would seem to be the most arduous and the most important and noblest that can engage the time and energies of man; and all these disagreeable features are intensified beyond estimate in the case of the pioneer of slender means.

In the early days of Dakota's settlement, and this it may truthfully be claimed, covered a period of eight or ten years, the question of the adaptability of the soil and climate to the sucessful production of grain and vegetables, was a theme frequently and seriously discussed. A great many good men sincerely believed that it was not so adapted. Drouth and grasshoppers were yearly visitors. The writer of these pages has heard the opinion expressed by men of fairly good judgment, who had engaged more or less in farming in the eastern states, that Dakota was not suitable for civilized people. That it was not designed for a farming country. That the Great Architect and Creator did not intend it for civilized people, but had made it for the Indians, and the buffalo, and that the whites were only flying in the face of the Almighty's great purpose, in wresting the country from them. As late in 1868-70 opinions of this kind were expressed by men who had then some experience here as well as else- where, and whose utterances were not made in the heat of excitement or discussion, but given as the verdict of careful study and painstaking investiga- tion, that the climate of Dakota stood as a formidable and incurable barrier to the successful cultivation of the soil, and that all attempts to make a success of raising crops would prove disastrous failures. And we believe the truth will justify the statement that this view was not confined to a few eccentric people but was held by many of the level-headed element and possibly by a majority of all the people residents of the territory at that time.

Still there were those who would not admit this gloomy view of the situa- tion and very prominent among them was Gen. George D. Hill, the surveyor general. General Hill was not an influential man among the people of the territory, because of peculiarities of disposition that served to dwarf, in the estimation of the people, abilities of a high order. Some unfortunate char- acteristics socially, affected his standing. He could not have mustered a cor- poral's guard of friends outside of his own employees and their loyalty was sometimes open to suspicion. Nevertheless he was a man of brains. He had an excellent mental equipment, and fortunately in his life's experience he had to do largely with agricultural affairs and very naturally was a close and ardent student of everything pertaining to soil and climate and crops. He thought deeper and sounder and safer of such matters -than most men, and when he came to give his conclusions they were backed by such an array of substantial reasons, that they were not easily refutable. The general stood manfully for Dakota's natural advantages as a farming country, and advocated it on the platform and through leading newspapers, east, to which his position gave him access. Prior to his coming to Dakota he had been president of the State Agricultural Society of Michigan and had made some addresses before that body that had attracted wide attention because of their value to practical farmers. This gentleman became the foremost champion of the natural re- sources of the territory at that time when such championship was so much needed, and fortunately for the territory he was among the first men of the West to get information regarding the formation, in Central New York, of a society called the "Free Homestead Association." and he was prompt in getting into communication with its officers, and directing their attention to Dakota. Subsequently he visited the association and made an address to its members and did not hesitate to recommend Dakota as the most inviting section of the West to a people in pursuit of the benefits which the Free Homestead Association had organized for the purpose of securing. The fertility of the soil of Dakota was not questioned, it was the lack of rainfall that was the most serious impedi- ment. and the frequent ocurrence of late frosts in the spring and early ones in the fall. General Ilill's position was that the cultivation of the soil would bring an increase of moisture, the climate would become modified, and the late

GIDEON C. MOODY

Pioneer of 1864. Lawyer. legislator. United States District Court judge and prominent in political affairs. First United States senator from South Dakota.

JOHN R. GAMBLE

Pioneer of 1523. Prominent lawyer, leg- islator and in political affairs

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spring and late summer frosts would disappear under the more favorable climatic influence. His views have been abundantly vindicated in the school of practical experience. He urged the carly planting of groves as an additional means of attracting moisture, and this has also proved a wonderful aid in the modification of the climate, favorable to agricultural pursuits.

The enactment of the homestead law by Congress in the year of 1862 awak- ened a sentiment throughout the United States favorable to the occupation of the public lands. The terms of the law appealed to the poor man and the com- paratively poor throughout the country, because its provisions were so liberal as to make the obtaining of a large tract of fertile soil within the reach of all who were otherwise eligible to partake of its benefits. Uncle Sam was rich enough to give all of his children a farm.

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History of Dakota Territory, volume I, Part 58

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