History of Dakota Territory, volume I, Part 66

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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P. BLISS,

Chairman of the Central Committee of the Union Party of the Territory of Dakota.

This call was responded to by a numerous gathering at Vermillion on the date announced, when the following proceedings were had :

Vermillion, Dakota Territory. September 10th, 186.4.

Agreeably to published call, members of the "republican union party" and of the "union party" of the Territory of Dakota, assembled in mass convention at Vermillion, Dakota Territory, on the 10th of September, 1864. for the purpose of amicably adjusting past differ- ences of opinion and forming a national union party within the territory.

At 2:30 o'clock P. M., the convention was called to order by J. R. Hanson, when on motion of George M. Pinney, Maj. St. A. D. Balcombe, of Buffalo County ( United States Indian agent at Fort Thompson ), was chosen permanent chairman, and Messrs. A. W. Puett and I. R. Hanson were chosen secretaries.

Mr. Pinney then offered the name of Samuel Grant, of Bon Homme County, for terri- torial auditor in place of Charles LaBreche, who had declined the nomination of the first convention, and Mr. Grant was unanimously nominated.

A committee of one from each county was then, on motion, appointed to draft a platform and party name, to wit: Yankton County, George M. Pinney; Union County, J. W. Seward ; Clay County, Hans Gunderson ; Bon Homme County, Laban H. Litchfield: Buffalo County. F. I Dewitt ; Charles Mix County, Charles E. Iledges. After a brief session the committee reported the platform adopted by the republican and union convention, omitting all reference to the factional differences that had divided the party, and adopting for the name of the united organization, the "national union party of Dakota." "national union" being the title adopted at the Baltimore convention that renominated Abraham Lincoln, and nominated Andrew Johnson for vice president. The platform was adopted. The following resolutions were then presented and adopted :

That the nomination of Hon. Walter A. Burleigh, as candidate for the office of delegate to the Thirty-ninth Congress of the United States, and the nomination of 1. T. Gore, Esq .. as candidate for the office of territorial treasurer, made on the 27th day of July. 186.4. are hereby approved and declared to be the unanimous nominees of this convention. Dr. Abram Van Osdel, of Yankton County, then introduced the following resolution, which was adopted :

Resolved, That the thanks of this convention are justly due to Hon. Philemon Bliss. chici justice of the territory, for the able and impartial manner in which he has discharged the duties of his office, and for his earnest and effectual efforts in advancing the Union cause in this territory, and that we cheerfully and heartily commend him to our Union friends in Missouri, where he will be engaged during this presidential campaign, in bel alf of the cause of our common country, as an upright, consistent republican and patriot, one who will be honored where he is known for the purity of his principles and character.

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On motion, the following named persons were then selected to form a territorial central committee: Yankion County, J. R. Hanson, chairman; A. Van Osdel; Clay County, Ole Bottolfson, H. C. Buckley: Union County, D. Ross, Captain LeGro; Bon Homme County, 11 C. Wood, L. Il. Litchfield: Buffalo County, St. A. D. Balcombe, F. J. Dewitt; Charles Mix County, J. V. Hamilton; Todd County, Joel A. Potter.

The convention was then addressed by Hon. Walter A. Burleigh.

The following letter was then read, and on motion of Mr. Pinney, ordered spread on the minutes of the convention :

Gentlemen: Urgent business prevents me from being with you upon this commendable occasion of the reunion of the republicans of Dakota. Having participated in a slight degree in the dissensions of our party, it may not be out of place to give my hearty affirmation of the course now taken. This I most cheerfully do, and hope that henceforward the onward march of the united national union party of Dakota may be one of triumph, guided by integrity and wisdom. The past has surely vindicated this truth, that in union is there strength and victory, and only by many sacrifices of feeling and forbearance, can we hope to perpetuate a united party, and thus contribute towards strengthening and sustaining the million loyal hearts-men now periling their lives for the preservation of our national Government. G. WV. KINGSBURY.

On motion, the convention then adjourned. ST. A. D. BALCOMBE, Chairman.

A. W. PUETT and J. R. HANSON, Secretaries.

Maj. St. A. D. Balcombe, who was chairman of this convention, was the United States Indian agent at the Winnebago Agency at Crow Creek; he was appointed from Minnesota, and had been a member of the constitutional conven- tion of that state representing in part the district of which southern portion of Dakota Territory formed a part. He left Dakota a year or two later, removed to Omaha, where he established the Omaha Republican.

Chief Justice Bliss, who had retired from the field as a congressional aspirant, and was a party to the amicable arrangement which united the republicans of Dakota, had already arranged to leave the territory and resign his judgeship. He left Yankton August 10th, on the Steamer Tempest, accompanied by Mrs. Bliss and a daughter, for St. Joseph, Missouri, where he intended to take up editorial work on one of the daily papers of that city. He never returned to Dakota, but remained in Missouri, became somewhat prominent as a lawyer and was a candi- date, a few years later, for supreme judge, on the republican ticket, and was unsuccessful. He died at St. Joseph.

General Todd, having concluded to be a candidate, had no difficulty in rally- ing a numerous body of his old friends to his support, though there was consid- erable disappointment felt by many of them, that he had not pursued such a course as would have continued the factional division in the republican ranks. It was a presidential year, however, and the democrats were sanguine that Mcclellan would be elected, in which event General Todd, even if defeated in the race for delegate, would be in a position of influence at Washington, and the roster of Dakota officials would be changed. This argument was unanswerable, and led to the calling of a people's convention, without much formality. It was called by a committee of the general's friends, and was attended by representatives from all the organized counties, to-wit : Union. Clay, Yankton, Bon Homme, Charles Mix and Todd. After the convention, the following brief announcement was gleaned from the Vermillion Republican :

The territorial people's union convention met at Vermillion on Saturday, September 3, 1804, and placed in nomination Gen. J. B. S. Todd as a candidate for delegate to Congress.

This convention was only briefly referred to by the two newspapers published in the territory-the Dakotian at Yankton and the Republican at Vermillion. The proceedings or the names of the delegates were not given. The people's or democratic party had no representative newspaper in the territory during the Gos and the proceedings of their conventions sometimes failed of publication in the opposition press, owing at times to the difficulty of securing such pro- ceedings ; buit generally due to the peculiar complexion given to political matters by the armed conflict then raging between the Government and the seceded states,

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forbidding in great measure any desire for courtesies on the part of the members of either political party, especially as the issue in the nation at large was 10 less momentous than was announced in the platforms of the opposing national parties, substantially as follows: By the republicans or unconditional union party-"For a vigorous prosecution of the war until the rebels lay down their arms and return to their allegiance to the Government." And by the democrats, who likewise declared for the Union, but also declared substantially, "That the war for the preservation of the Union is a failure." Which was regarded as equivalent to an announcement that the democratic party, if successful, would stop the war so far as the Government had the power to stop it, and enter upon negotiations with the rebellious people for peace by concessions that would give to the insur- gents ample justification for their armed efforts to destroy the Union. To what extent a policy of this kind was intended by the democratic leaders was never known, as Mr. Lincoln was re-elected; a result loudly regretted by the leaders of the Southern Confederacy, and their northern sympathizers.

The campaign following in the territory was brief and energetic. There was general confidence in Burleigh's success, now that he had the united support of his party ; notwithstanding that gentleman and his supporters insisted upon a liberal canvass of the territory as a courtesy due the voters and to enable many stump orators to become acquainted with the people whose suffrages they might have occasion to solicit in the future.

The people's party also made an energetic campaign, led by General Todd, aided by M. K. Armstrong, of Yankton ; Hon. John H. Shober, of Bon Homme ; Hon. J. W. Turner, of Clay ; Austin Cole, of Union ; and Maj. W. P. Lyman, of Yankton.

It may not be amiss, by way of explanation, at this day remote from the time of the Burleigh and Bliss compromise, to state that the ending of the rupture between the republican factions was due to the unexpected position taken by General Todd and his supporters. It had been understood that the democratic or people's party would make no nomination, leaving the democratic voter free to support Judge Bliss because of his position in the Jayne-Todd contest. There was no formal agreement to this effect simply a strongly implied understanding and sufficient to encourage Bliss's friends to organize as has been seen.

This organization of the Bliss wing was afterwards thought to have been premature, and an unwise political move, for it conveyed to the democratic inind evidence that the republicans were hopelessly divided, and could not unite, hence an excellent guarantee that a democrat would win. The organization by the friends of Bliss would have been longer delayed but for the supposed importance of electing a delegate to the national convention, which was to give the Bliss fac- tion standing in the national party. Judge Bliss was keenly disappointed when he was compelled, finally, to acknowledge that he could expect no support from the Todd party, for it was apparent that at least two-thirds of the republicans were supporting Burleigh. Bliss's republican friends were no less disappointed and chagrined at what they declared to be the insincerity and ingratitude of the demo- crats. This feeling of disappointment coupled with an ingredient of wrath and revenge, led the way to a harmonious patching up of the difficulties in the repub- lican party.

Judge Bliss was not satisfied with his judicial position in the territory, and but for the inducement of a seat in Congress, he would have returned East at an earlier day and given up his judgeship. This factional compromise made a con- solidation of the newspapers, The Dakotian and the Dakota Union. necessary. The Dakota Union ceased until after the election, the Dakotian continuing under Mr. Gore's management until that event, which occurred in October, soon after which the consolidated Union and Dakotian appeared with Mr. M. K. Armstrong as editor, and Mr. G. W. Kingsbury as publisher.

The election came off on Monday, October 11th, and resulted in the election of Doctor Burleigh and the republican legislative ticket by a fair majority. Doc-

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tor Burleigh receiving 386 votes, and General Todd 222, out of a total of 608 votes cast and canvassed for delegate.

After the vote had been canvassed, and Burleigh declared elected, General Todd served notice upon the successful candidate that he would contest his right to the seat on the grounds-

First. That Burleigh was not a resident of the territory.

Second. That the votes cast on the Indian reservations were illegal.

Third. That the election was characterized by bribery and fraud.

Fourth. That the Board of Canvassers proceeded to canvass the votes from the different precincts before they were all in, and that the secretary of the territory did not send for other returns as the law requires; that the Fort Laramie votes were not counted and that Mr. Todd received 107 votes there; that there were illegal votes cast, and that adding the Fort Laramie vote to Todd's and deducting the illegal votes from Burleigh, it would leave him, Todd, with a majority of the votes cast.

-----

The Jayne and Todd contest, revealing so much disregard of law in conduct- ing Dakota elections, and the factional differences in the republican party of the territory which were very obnoxious to the republicans in Congress and the President and his advisors, had awakened a resentful feeling among congress- men and others, and there were intimations given of a move to annex Dakota to Nebraska and repeal the Organic Act. This suggestion was as unpopular among the democrats of the territory as among those of the other party. Todd's contest, therefore, even if based upon tenable grounds, was disapproved in Dakota because of the fear that it would arouse such an antagonism in Congress that the threat of disorganizing would be attempted, at least, which would prove very detri- mental to immigration and practically destroy the credit of the territory. While it was apparent that Burleigh would in all probability be able to retain his seat, the sentiment of the people apprehended that Congress might conclude to repeal the Organic Act rather than be annoyed with the factional and sectional quarrels of the handful of people in the territory which at this time was looked upon by the great majority of congressmen as an experiment station in the great American (lesert, and its value as an agricultural region was regarded with many misgivings.

This matter of contest was made the subject of non-partisan investigation by the Legislature of 1804-5, following the election, and the result was the adop- tion of a joint resolution declaring that Todd had begun the contest without the "slightest grounds for so doing." The resolution recited the facts that the elec- tion was openly and fairly conducted ; that no precinct was establishel at Fort Laramie and no returns of any election there had been received by the board of canvassers ; and also that an election had been held at St. Joseph and Pembina on the Red River and 135 votes cast for Burleigh, which were not counted by the board, no precincts having been established there. That Burleigh was an actual resident of Bon Homme County, where his family resided in a very comfortable home.

A minority report was submitted, or rather a substitute resolution was offered by the minority, which conceded the fairness of the election and the regularity of the canvass; that no just grounds of contest appeared, and substantially disap- proving of further proceedings in the contest.

The majority report was adopted by a vote of cleven to two, in the council, and twenty-one to live in the House. This legislative action may not have dissuaded the contestant from further prosecuting his case, but there were no further steps taken by him in contest proceedings. It was understood, however, that General Todd and Major Burleigh had held a council of amity where it was arranged that Burleigh would not endeavor to prejudice the interests of Frost, Todd & Co., in their disputed townsite and land cases then pending before the department of the interior, and the general would desist from further hostilities.

Regarding the matter of residence, the two candidates occupied similar posi- tions. Mr. Burleigh, in the eyes of the law, resided on the Yankton Indian Reser- vation, as the United States agent of that Indian tribe ; and General Todd, with

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his family, had from the time he entered civil life, resided at Fort Randall on the United States Military Reservation, and he had his residence there at this time. Neither party may have never gained a residence in the territory, under a strict construction of the law : but it was not definitely settled that a delegate in Congress must be a resident of the territory. The decision in the Minnesota case, after that state was admitted, rather favored the claim that a non-resident could be elected and would be awarded the seat.

The national convention of the democratic party was held in Chicago, August 27. 1864, when Gen. Geo. B. MeClellan, of Illinois, was nominated for President, and Hon. Isaac Pendleton, of Indiana, for vice president. The delegates from Dakota were John H. Shober, of Bon Homme County, and Hon. James Mellenry, of Clay County.

The national convention of the national union party was held in Baltimore. Maryland, June 25, 1864, and nominated Abraham Lincoln for President, and Andrew Johnson for vice president. George M. Pinney and William E. Gleason represented the Territory of Dakota ; the former from the Burleigh wing and the latter from the Bliss pinion.

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CHAPTER XXXV

THE FOURTH SESSION OF THE LEGISLATURE

1 864-65

ITS MEMBERSIIIP-SKETCH OF NEW MEMBERS-A HARMONIOUS SESSION-THE GOV- ERNOR'S MESSAGE-REPORT OF THE TERRITORIAL SUPERINTENDENT OF SCHOOLS- TERRITORIAL AUDITOR'S REPORT, INCLUDING REPORT OF THE COMMISSIONER TO AUDIT THE MILITIA ACCOUNTS-GENERAL TODD'S GROUNDS OF CONTEST.

The fourth session of the Legislative Assembly of Dakota Territory convened at the capitol building in Yankton, on Monday, December 5, 1864. The council was composed of the same members that constituted the Council of 1863, namely :

Union County-John Mathers, M. M. Rich and J. O. Taylor ; Clay County- Franklin Taylor, Lasse Bothun and F. W. Thompson; Yankton County-Enos Stutsman, James M. Stone and George W. Kingsbury ; Bon Homme County- Daniel P. Bradford ; Charles Mix County-John J. Thompson ; Todd and Gregory counties-J. Shaw Gregory.

Mr. Kingsbury called the council to order, and nominated Hon. J. Shaw Greg- ory for temporary president, who was duly elected and took the chair. The presi- dent then called the roll of members, which was responded to by the councilmen as above given. Mr. Kingsbury was then elected temporary secretary. And the council proceeded and permanently organized by electing the following officers: President of the council, Enos Stutsman, Yankton County : secretary of the coun- cil, George N. Propper, Yankton County ; assistant secretary, James B. Gayton, Todd County ; sergeant-at-arms, Carlos Kingsley, Union County ; messenger, Mons Bothun, Clay County ; fireman, William H. Werdebaugh, Yankton County ; chap- lain, Rev. L. P. Judson, Bon Homme County.

The house was composed of new members elected at the general election held October 11, 1864, namely: Union County-Peter Lemouges, Geo. W. Kellog, Archibald Christy, George Stickney. Helge Mathews; Clay County-William Shriner, G. W. Pratt, J. P. Burgman, B. M. Collar, J. W. Turner, Knut Weeks; Yankton County-W. W. Brookings, John Lawrence, Washington Reed, J. R. Hanson, M. M. Mathieson ; Bon Homme County-John W. Owens, John Rouse; Todd County-Francis McCarthy, Peter Kegan; Charles Mix County-E. W. Wall, Felicia Fallas. W. W. Brookings was elected speaker: Geo. I. Foster, of Yankton, chief clerk: Leonidas Congleton, of Yankton, assistant clerk; R. P. Raimie, of Union, sergeant-at-arms : Erick Nelson, of Clay, messenger : Peter Nel- son, of Clay, fireman ; Rev. Melancthon Hoyt, chaplain.

There were two seats held by Clay County members that were contested. Halver Burgess was contestant for the seat of J. W. Turner, and Aaron Carpenter gave notice through Mr. Shriner that he would contest the seat of Knut Weeks; also through Mr. Stickney, of Union, E. M. Bond gave notice that he would con- test the election of Knut Weeks.

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GOVERNOR'S MESSAGE

On the third day of the session the annual message of the governor was re- ceived by the two houses in joint convention, and read, as follows :

To the Honorable the Council and House of Representatives :

Gentlemen-Since the assembling of the last Legislature, a year ago today, important events in our country's history have been of almost daily occurrence; among the most noteworthy of which is the rapid progress which has been made toward the suppression of the most gigantic rebellion which the world ever saw, and I think we may now confidently anticipate that the end will soon come.

Our first duty is to return thanks to the Great Ruler of the Universe for the preserva- tion of our lives and health; for the return of seed-time and harvest in their due season. *

Progress of the Indian War-Since the breaking out of the Indian war in Minnesota, two years ago last August, but little progress has, in my opinion, been made towards its extinguishment. I believe this fact to be owing to the extent of the country over which these hostile Indians roam, rather than a want of appreciation on the part of the officers placed in charge of the various expeditions, of the magnitude and extent of the difficulties to be overcome in order to so punish the Indians as to bring about a speedy and permanent peace.

Of the three campaigns made against these hostile Indians, one under General Sibley. of Minnesota, in 1863, and two under General Sully, starting from Sioux City, Iowa, one in 1863, and one in 1864, I am fully convinced that little if anything has been accomplished towards the subjugation of them. These expeditions have been immensely expensive to the Government, and ought, in my opinion, to have brought about more decided results. I am not prepared to say why they were failures; I leave this subject to the war department where it properly belongs.

The effect of the continuance of this war upon the prosperity of this territory has been most damaging and deleterious. It has retarded its settlement and development to an extent unprecedented in the history of the early settlements of any of our Northwestern territories. It has confined our settlers to narrow limits bordering the Missouri River ; and those of necessity have had to confine their operations, for mutual safety and protection. to little towns at intervals of a few miles, in order to retain possession of the country, it not being safe at any time for the past two years to reside at a distance from the towns by reason of the prevalence of roving bands of hostile Indians, who seem ever present and ready to steal the horses and stock of our settlers, and kill the owners in cases where resistance is made. Our various settlements can but be looked upon as a picket guard to hold this country until such time as peace can be restored between the Government and these Indians. I believe that a chain of small military posts crossing the country from Lake Shetek, in the State of Minnesota, intersecting the Missouri River at or near the Crow Creek Agency, located at such convenient distances as to enable the country to be daily patrolled between these posts, will not only afford ample and perfect protection to our settlers, but is all that is required to bring about a speedy and permanent peace; provided, disloyal and unscrupulous men are barred from visiting these Indians, and carrying into their country whiskey, powder and lead, and all articles made contraband by the laws of Congress. Five hundred cavalry, properly distributed at the various posts indicated, under command of officers who are desirous of protecting the settlements, I believe to be suffi- cient to afford perfect protection.

Should this course be adopted by the War Department, and be found to answer the purpose, the immense expense attending the sending of the large expeditions into the hostile country may in the future be avoided. At any rate there seems to me to be propriety in making a change of some kind, by which we may, if possible, avoid taxing the government with another of these unwieldy and immensely expensive expeditions with no adequate results towards bringing about a peace, judging by the past. I would therefore recommend that you memorialize the secretary of war, urging upon him the importance of the early establishment of the chain of military posts indicated.

Route to the Gold Mines .- In my last annual message I took occasion to call the attention of the Legislature to the importance of securing a route to the gold mines of Idaho through the settled or southeastern portion of this territory. The importance of opening such a route has not in any way diminished since that time. On the contrary the organization of the new Territory of Montana and the new discoveries of rich deposits of the precious metals in the vicinity of the eastern base of the Rocky Mountains clearly indi- cate the importance and point to the necessity of the speedy opening of the route indicated. The last session of Congress, foreseeing the importance of this route, from a desire to promote and foster the development of this section of the country, appropriated $10.000 towards the opening of the route indicated, to be expended under direction of the war department. Unfortunately for the interests of this section of the country, the expenditure of this sum was committed to Major Maynadier, who from some cause, best known doubtless to himself, after entering upon the discharge of his important trust and expending a portion

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History of Dakota Territory, volume I, Part 66

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