History of Dakota Territory, volume I, Part 67

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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of the appropriation-perhaps all of it-did not even get outo the ground or commence the examination of the route. It is unfortunate that the war department could not have better consulted the interests not only of our citizens, but also the citizens of Montana, in the selection of an officer to expend this appropriation who, either from motives of pride or a sense of duty, would at least have got onto the route and given the eastern portion of it, for 150 or 200 miles at any rate, a personal examination, which could have been done without any risk to that officer, even though he had been entirely unattended by a personal guard ; the contemplated route for this distance passing through a section of country having been infested by hostile Indians the past two years. The first 200 miles of this route contemplated by Congress could have been pretty thoroughly examined and reported upon at an expendi- ture of $1,000, and in my opinion had a fair comparison been made in the report between this route and the route known as the Captain Fisk route, which passed through Central Dakota, the result would have been the abandonment by Congress of the Central or Fisk route, and the placing of all future appropriations on the Southern Dakota or Niobrara route. Indeed, it is not improbable that this may be the case, upon the report of Brigadier General Sully, who was specially instructed by the war department to report upon the practi- cability of the Central Dakota route, and who, I am informed, reports the route entirely impracticable.

The influence which the early opening of this route through Southern Dakota to the gold fields of Montana and Idaho, and the securing of the immense through travel (the large portion of which now passes up the Platte River, through our neighboring Territory of Nebraska) on it, by reason of the distance saved and its proximity to abundance of good wood and water, towards securing the location of the northern branch of the Pacific Railroad, cannot be overestimated by our people. Indeed, I believe it to be the first and most important step to be taken in securing this first very important branch road to our territory. I would therefore recommend that you early memorialize Congress on this sub- ject, with a view to securing a liberal appropriation to aid in opening this important line of wagon road, via Niobrara or Fort Randall, and the foot of the Black Hills, to Montana and Idaho.

Black Hills,-It is believed by persons familiar with the country in the vicinity of the Black Hills that the country abounds not only with the precious metals (gold and silver ), but that copper, iron and coal exist to an unlimited extent. Indeed, rich specimens of iron and copper have been brought into the settlement by friendly Indians from this section of the country, and the bed of the Niobrara River abounds with specimens of stone coal. It is believed that a thorough geological survey of that portion of our territory will establish the existence of large and rich deposits of the minerals above named, and not only this, but that this section of the country is capable of supplying for all time to come, not only our own settlers, but all Northwest Iowa, with all the pine lumber needed for the future development and improvement of the country. This fact is abundantly established by explorations already made.

Appropriation for Military Road .- Congress at its last session generously appropriated $15,000 toward the opening of a military road from Sioux City, Iowa, to Fort Randall. It is believed that this sum, if properly expended, at such points along the line of road as most need improvement, will be sufficient to open a road which may be traveled at all times of year with facility, and will not only vastly aid the Government in its military operations, but will also be a permanent benefit to our citizens, and inasmuch as the appropriation is placed at the disposal of Capt. S. Bagg, chief quartermaster of this military district, who is familiar with the country over which this road passes, I have thought it would not be improper for the Legislature to suggest to Captain Bagg the improvement of such points along the line as may be deemed of most importance and likely to secure to the people a good thoroughfare at all seasons of the year.

Taxes .- I wish especially to call your attention to the very lax manner in which, in many cases, the various county officers in the territory have discharged their public duties. The first Legislature passed a law creating certain county offices and defining their powers and duties, and it was undoubtedly the design of that Legislature that the persons appointed by the governor, as well as those subsequently elected to fill these various offices, should faithfully discharge their duties during the time for which they were appointed or elected. This in very many instances has not been done, and our citizens have been subjected to great inconvenience on this account, and in some instances these officers have entirely neglected their duties. 1 attribute much of this negligence to the fact that no means have as yet been provided by the different organized counties to pay current expenses, and the feeling on the part of some of the officers that it would be long before they would be paid for their services, that they would not devote the necessary time to discharge their public duties. The consequence has been that in many instances the people have been unable to get these officers to act. I submit to you whether it would not be well, in view of the embarrassments which have heretofore been experienced on this account. to pass a law compelling not only the discharge of official duties by all civil officers in the territory, but also providing by law for the levy and collection of a sufficient tax to meet these necessary expenses at the time they are incurred. The day cannot now be far distant when all the county offices will not only be self-sustaining, but will be sought for with avidity by our citizens for the emolu- ments there are in them. It seems to me that the time has now arrived when we should take

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steps to perfect and put in running order our internal machinery, even though to do so we have to submit to be lightly taxed for that purpose. The burdens of government have thus far fallen lightly upon us as a people and it appears to me that we can now afford to come forward and assume our share of the necessary burdens, for the sake of the satisfaction of feeling that we are paying our way as we go. 1 feel confident our citizens are not only willing, but desirous, that all who labor for the public weal should be remunerated for the time necessarily devoted to the discharge of their public duties.

During the year last past important acquisitions have been made to the territory by the arrival and permanent settlement of an intelligent, industrious and hardy population from the eastern and middle states, and the rapid improvement made in the settled portions of the territory gives us a sure indication that we have not only passed the crisis in our territorial affairs, but that from now on our march will be onward and upward in the acquisi- tion of population, wealth and improvement, until ere long we shall be knocking at the door of the Union, fully prepared to take our place in the line of loyal and free states so rapidly being formed under the auspices of our beneficent, liberal and enlightened general Govern- ment. Should peace and confidence soon he reestablished between the Government and our red brethren, we may, I think, confidently anticipate such an influx of immigration at no distant day as to forever set at rest all apprehensions of a renewal of hostilities on the part of our red neighbors-a result most ardently desired by all who are permanent settlers in Dakota.

It would appear from examination of the laws, passed at first session of the Legislature, chapter 9, section 164, that that Legislature contemplated calling to its assistance the judges of the Supreme and District courts of the territory, for the purpose of securing their aid in harmonizing disagreeing provisions of the statutes. I believe this 10 be not only a good but a very wise provision, though the judges heretofore have not seen fit to present their views to the Legislature on this very important subject. I have no doubt that, should you desire it, the services of the only judge we have in the territory can be secured to aid in perfecting and harmonizing existing laws.

Education .- The last Legislature enacted a school law, which is believed to be ample in its provisions to put into operation in every neighborhood in our territory, a good common school, if its provisions are complied with in every particular by the people. Within the past year many new schools have been opened, and there is every indication that the subject of education is receiving that attention from our citizens that is deemed necessary from its primary importance. The services of a very able superintendent of public instruction have been secured, in the person of James S .. Foster, who has had much experience in teaching in Central New York, and it is hoped that our various county superintendents will heartily cooperate with him in perfecting and putting into operation our common school system.

Conclusion .- 1 have endeavored, as is my duty, to call your attention to the consideration of such matters as are deemed of the first importance, with a view of aiding you, so far as in my power, in the discharge of your public duties. 1 deem it to be my duty to urge upon your consideration the importance of exercising the most rigid economy in the expenditure of public funds over which you have control, believing it to be a duty we all owe, as good and loyal citizens, to the general Government, when we call to mind the struggle in which it has been engaged for the past four years against traitors, for its overthrow, to economize in every possible manner, that it may be the better able to maintain itself against the insane efforts of these traitors.

I assure you 1 shall at all times take pleasure in furnishing you all the information within my reach that will in any way aid you in the discharge of your onerous and laborious duties. NEWTON EDMUNDS.

The session was quiet, orderly and very harmonious. There did not seem to be the least disturbing factor, although there was a memorial and resolution passed endorsing the election of Walter A. Burleigh as delegate in 1864, notice of a contest for his seat having been given him by his unsuccessful opponent, General Todd.

The principal ground upon which General Todd based his contest was that Mr. Burleigh was not a resident of the territory, and was required by law to reside upon his agency, hence under the Organic Act could not have gained a residence in the territory, a point that was decided in the contest of Jayne vs. Todd two years before, and had the present Congress held to that position, Todd's chances for winning seemed to have the backing of a precedent. Notwithstanding this there was an almost unanimous sentiment among the voters, of opposition to a contest, which was shared very largely by Todd's political friends and which was occasioned by the series of unfortunate events that had marked the career of the territory from its organization and which had given to Dakota an unsavory reputation abroad, and prominent among these misfortunes was the scandalous

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features of the election in 1862; the Indian troubles, the drouth and the grass- hopper plague. It was this sentiment, coupled with a general confidence in Bur- leigh's ability and his popularity, that induced the general to waive his claim.

A number of new members appear in the list of representatives at this session, some of whom were destined to become conspicuous figures in the field of terri- torial politics for several years to come. These were George Stickney and Geo. W. Kellogg, of Union; John W. Turner, of Clay; John Lawrence, of Yankton. Speaker Brookings was the influential character in the House, and his influence. with that of President Stutsman, of the council, controlled the legislation, and the wishes and desires of these leaders with Governor Edmunds, were substantially reflected in the work accomplished.

Hon. John W. Turner, a staunch democrat, was a man verging upon three score and ten at the time. He had been active in political affairs in Michigan, to which state he removed from New York, coming from the democracy of the Wolverine State to Dakota. He was a good speaker, very courteous and always self possessed, a man of good information. He was a millwright and a farmer. He followed up the valley of the Vermillion and became the pioneer settler of Turner County, which was named for him. He was popular with the members of both political parties and also with the people.

Mr. George Stickney, of Union County, became very prominent at home as a leader in public affairs of a local character. He was for a great many years one of the prominent representative men from Union County in the halls of legislation and at the territorial conventions. By profession a lawyer, he practiced occa- sionally, but gave most of his attention to politics and to the fine farm which he owned near Elk Point. He was a good speaker. He was classed as a democrat, but did not always work in harmony with that party. He was appointed receiver of the United Stated land office at Vermillion by President Johnson, and served four years.

The work of the Legislature at this session was all well digested. The penal code underwent a thorough revision under the supervision of Chief Justice Ara Bartlett, Hon. Enos Stutsman, president of the council, and Hon. W. W. Brook- ings, speaker of the House. As a rule the new legislation was directed to curing defects in existing laws. Territorial roads received a great deal of merited at- tention. The memorials and petitions to Congress were all of a good class, de- signed to promote the development of the territory and the best interests of its inhabitants, such as mail routes ; wagon roads ; the construction of bridges ; a geo- logical survey ; and praying for an amendment to the Union Pacific Railway law that would require the northern branch to be built up the Missouri Valley and out on the Niobrara route, crossing the Missouri at or near the old Town of Niobrara.

In general the proceedings of the Legislature were marked by a sincere desire to promote the general welfare, and the social relations of the members were most cordial. It was a session remarkable for the absence of all partisanship and con- spicuous for the general harmony and good feeling that prevailed. When final adjourment came the members separated with good wishes for each other, much as brothers would express when leaving home for different destinations.

REPORT OF TERRITORIAL SCHOOL SUPERINTENDENT

A law creating the office of territorial superintendent of public instruction was enacted at the third session, and Governor Edmunds had appointed James S. Foster, the leader of the New York colony, to that position, more as a matter of recognition of that gentleman's good qualities as an educator, than because of any necessity existing for such an official. Mr. Foster, however, made good use of the office by collecting statistics and information which enabled him to make some important recommendations to the Legislative Assembly regarding the school dis- trict system. There were no organized school districts in the territory up to December, 1864, when the Legislature convened for the fourth session. Four

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counties had elected county superintendents at the general election held October II, 1864. These were Union County; Sidney Goucher, Brule Creek; Clay, J. W. Boyle, Vermillion; Yankton, Enos Stutsman, Yankton; Bon Homme, James Dickey, Bon Homme. None of these officers made reports. They could only report that they had nothing to report, unless it would be with regard to private schools. Through personal interviews and by letter Mr. Foster ascertained that there were about six hundred school children in the territory of the age required by law, which at that time fixed the age of pupils at four years and up to twenty- one. Neighborhood schools had been kept irregularly in Union, Clay, Yankton, Bon Homme and Todd counties, and school privileges had been extended to about three hundred pupils. There had been no school tax laid and no school moneys of any kind collected. A per capita tax of $t had been authorized by the school law of '63-4, but no attempt had been made to collect it, and the fines imposed for illegal sale of intoxicating liquors were not collected by the prosecuting officers of the various counties. From these two sources Mr. Foster states that a very re- spectable fund could be realized and the system of common schools set in motion. Mr. Foster makes some comments and recommendation regarding text books. With a very able and timely presentation of the subject of schools as bearing upon the question of immigration to the territory, he concludes the first report of the territorial superintendent of public instructions for Dakota Territory which is here given :

To the Territorial Board of Education :

In compliance with the requirements of section 3 of the school law of this territory, the superintendent of schools would respectfully submit his annual report :

Section 3 of the school law passed at the last session of the Legislature makes it the duty of the superintendent of public instruction to make a report of his official doings for the preceding year to the board of education at their annual meeting, to give a statement of the condition of the common schools of the territory, of the expenditure of school money therein, and such suggestions for improving their organization and modes of instruction, together with such other information with regard to the systems of schools in other states and countries as he shall deem proper.

Since my appointment as clerk of the board of education in August last, nothing has been attempted to be done in the way of organizing the public schools of the territory. I have, therefore, no "official doings" to report.

I have to offer, as an excuse for my seeming want of interest in the cause of educa- tion, that I had no official assistants, and deemed it proper to wait until the office of county superintendent in the several counties was filled, which it was hoped would be done at the general election held on the 11th of October. At that election the following counties elected superintendents of schools, viz .: Union County, Sidney Goucher. Brute Creek; Clay County, John W. Boyle, Vermillion ; Enos Stutsman, Yankton County; James Dickey, Bon Homme.

These officers were elected for the school year commencing November 1. 1864, and ending October 31, 1865. I have received no reports from county superintendents, for the reason, I presume, that there are no organized school districts in the territory. I have no statistics, therefore, to show the number of children in the territory between the ages of four and twenty-one. But on careful inquiry I am confident that there are over six hundred children claiming the privileges of school at this time, and it is but reasonable to expect this number to be greatly increased hy immigration during the coming spring.

Although there are no organized school districts in the territory, there have been numerous private schools in successful operation.

In Union, Clay, Yankton, Bon Homme and Todd counties these schools have been quite liberally patronized, showing that the people of the territory are willing to make whatever sacrifices are necessary that they may educate their children. About three hundred people have attended these schools within the last school year. Owing to the fact that most of the children of the territory have been kept a long time from school in consequence of living on the frontier, our schools are rather backward, and the teaching required mostly primary. But it is encouraging to see the eagerness of the pupils to overcome all difficulties and make the best of their opportunities for acquiring an education.

There has been no appropriation for the support of schools as yet, consequently 1 have no "expenditures of school moneys" to report. It is important that steps be taken by the school officers as early as practicable to secure to each county a school fund.

There is no enterprise connected with the interests of this territory that would pay so large a dividend on the capital invested as an assessment for school purposes. Without taxation we can have no successful school system. The general Government generously pays all the expenses of the territorial government in order that the people may be relieved of the heavy burden of taxes which such expenses would necessarily impose upon the Vol. 1-25

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settlers of sparsely settled territories. But since the general Government relieves us from a heavy burden of taxation, shall we refuse or neglect to raise a light tax for the support of so vital an interest as that of common schools? Without schools we shall make but very slow progress in all that pertains to the improvement of society and the attainment of that social and political importance which with a good school system we have a right reasonably to expect. Without schools the valuable homesteads in our healthful and fertile valleys would have no value in comparison with the rugged farms among the hills and rocks of New England where schools abound. The hardy New Englander gives many an unrequited day of toil in cultivating his rugged fields for the purpose of supporting his family, but he has the pleasing consciousness of knowing that his children are acquiring day by day an education that will prepare them to fill almost any station in life they may be called upon to occupy, with credit to themselves and honor to their parents. But the heart of the honest pioneer of the West often sickens when he realizes that his children are growing up to man's and woman's estate without even the rudiments of an education, and yet, strange as it may appear, some people discountenance taxation even for school purposes. Can nothing be done to break the spell which binds the people of this territory and makes them cry out against all taxation ?

It is remarked that we have an ample school fund in prospective, which we are happy to admit is true, but it avails us nothing now. We want schools for the education of our children, and we want them now. If we wish for an enterprising and intelligent people to come to this territory and settle among us, to bring their families with them and make this their home, we must provide them with means of giving their children at least a good common school education. If the existing laws were enforced, we should be provided with a considerable sum yearly for the use of schools. I can see no good reason why the $I per capita tax authorized by section 52 of the school law of 1863-4 should not be enforced. This tax could easily be collected and would form the basis of a school fund. An act passed by the Legislature of 1863-4 to prevent the sale of spirituous and vinous liquors to minors and for other purposes places all fines for the violation of the same to the credit of the school fund, and there may be other laws, the forfeit money for the violation of which accrues to the school fund, but for the want of any prosecuting officer, these laws when violated are not prosecuted.

I would recommend that the board of education communicate with the Legislature now in session and ask for the enactment of a law making it obligatory upon county assessors to levy and collect the per capita tax authorized for the support of schools, and also to pass a law requiring county attorneys to prosecute for violations of all laws of which the forfeit money will accrue to the school fund. Also to amend section II of the school law, by making it the duty of the county superintendents to divide their county into school dis- tricts in the same manner as is now required of the board of county commissioners. It seems to be the legitimate duty of the county superintendent to do this work, and certainly it would greatly facilitate the formation of new districts. I would recommend that the board ask for a law appropriating all moneys received for licenses for the support of schools. These sums would create a fund which would materially aid the common schools of the territory and which would gradually increase from year to year.

Uniformity of textbooks is essential to the success of public schools in any state or territory. From the best information I can obtain from the teachers in the private schools, 1 conclude that there is the usual variety of textbooks in use in the schools of the territory. This multiplicity of schoolbooks perplexes the teacher, retards the advancement of the school, and is continually a source of annoyance and expense to the patrons, and should never be allowed. There will never be a better time to take the steps necessary to avoid the difficulties than the present. Section 7 of the school law makes it binding on the board of education to select a list of textbooks for the use of public schools, which list they shall cause to be published in all the newspapers of the territory, and after such publication no other textbooks shall be used in the public schools of this territory. Full one-half of the school- books now in use are published by Barnes & Burr, and known as the National School Series, and kept on sale by Mr. A. F. Hayward of Yankton. During the last summer these books have been extensively, and in some counties almost universally, introduced into the schools. Having been for a long time acquainted with the National Series and knowing their merits, I therefore recommend that this board select the series of schoolbooks published by A. S. Barnes & Burr. and known as the "National School Series," as the list of textbooks to be used in the public schools of this territory. This series is justly popular and has been adopted by a majority of the state boards of education.

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History of Dakota Territory, volume I, Part 67

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