History of Dakota Territory, volume I, Part 69

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


USA > South Dakota > History of Dakota Territory, volume I > Part 69


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Grand total, $28,137.17.


This expense was necessarily incurred in defending the lives and property of our citizens from the numerous bands of hostile Indians which infested our territory during the fall of 1862, before adequate protection was afforded by the Government.


I would therefore recommend that you memorialize Congress for an appropriation of $28,137.17 to refund the territory the amount expended for the defense of the frontier of Dakota, which was also affording protection to Northern Nebraska. Northwest lowa, and Western Minnesota.


JUSTUS TOWNSEND, Auditor.


In January, 1873, Congress took the first steps toward providing for the pay- ment of these claims of the territory. The Committee on Military Affairs of the House, Mr. Armstrong being the delegate from the territory at that time, reported a bill, entitled "A bill to authorize the secretary of the treasury to refund to the Territory of Dakota the sum of $28,137.17, for expenses incurred in pro-


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tecting the frontier settlements during the Indian Rebellion of 1862." The com mittee's report says : "The committee find that prior to the 30th of August, 1862, and during the summer of that year, the Sioux Indians in Minnesota and Dakota made war upon the whites, perpetrating many outrages and threatened the entire border in that state and territory. Thereupon the governor of that territory is- sued his proclamation to the citizens of Dakota, ordering all male citizens in the territory, between the ages of eighteen and fifty years to at once enroll them- selves into companies to be formed for home defense in their respective counties, with such arms as they may have had in their possession. They held them- selves in readiness to march and engage in active service for the remainder of the year 1862.


The citizens, in pursuance of the proclamation of the governor, organized into five companies, in which were enrolled in all 266 men, and assembled and elected their officers, and prepared hastily made fortifications for their defense.


In the absence of United States troops, the calling of the militia by the gov- ernor, and their enrollment and service were, in the imminent danger from hos- tile Indians, the only defense for the people.


The committee then recites the proceedings of the Dakota Legislature of 1863, in providing for the auditing of the war expenses and states that "the action of the governor in calling out the troops, and of the citizens in responding promptly in the emergency seemed to be all that could be done and the only thing that could be done for the defense of the people of the territory, since no troops of the Government could come in time for the rescue, and it seemed madness to wait until the authorities at Washington could be reached and could furnish military aid.


The accounts appear to have been carefully examined by the commissioner, and to have met the approval of the auditor, and are set out in full with the items. The sum seems to be reasonable and a fair one, and we feel justified in recommending its payment, and for that purpose report the following bill:


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the secretary of war be, and he hereby is, authorized and required to ascertain, or cause to be ascertained, the amount of expense necessarily incurred by the territorial authorities of Dakota, for arms, equipment, military stores, sup- plies, and all expenses of the volunteer forces calted out to suppress Indian hostilities in the Territory of Dakota in the year 1862, and report to Congress at the next session the names of the persons entitled to relief, together with a statement of the facts and claims upon which such report may be based.


This bill passed the House forthwith, but did not reach the Senate before adjournment, and laid over until the following winter, when it became a law; and the war department in March of 1874 dispatched Gen. James A. Hardie, inspector general of the United States army to Dakota, "for the purpose of ascer- taining the amount of expense necessarily incurred by the territorial authorities of Dakota, for arms, equipments, military stores, supplies, and all other expenses of the volunteer forces called out to suppress Indian hostilities in the Territory of Dakota in the year 1862. (See report of the territorial auditor and commis- sioner to the Territorial Legislature of 1863-4.) General Hardie was also directed to make a full report to the war department, "setting forth particularly the names of all parties equitably entitled to relief and the amounts justly due each case, tak- ing into consideration the quantity and quality of supplies actually furnished and the prevailing scale of prices for such articles at the time they were furnished."


General Hardie made an exhaustive investigation. In his report he says in part :


t proceeded to Dakota, visting Yankton, Vermillion and Elk Point, the principal centers of the militia operations in 1862, and conferred with claimants and the old settlers generally. I examined many witnesses, among them some of the principal actors in the events connected with the history of the claims. 1 visited the governor of the territory, William Jayne, who called out the militia in question, the special commissioner, Mr. James Tufts, who had


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audited the claims under authority of the Legislature, and Col. R. M. Hagaman, who had issued the warrants in payment of the awards. These gentlemen, who are no longer residents of the territory, cheerfully gave me all the information they could on the points brought to their notice. Every assistance was cordially rendered by Governor Pennington, Secretary Whitney, Adjutant General Pound, and other prominent persons in Dakota. I also eticited much oral testimony of a valuable character. Besides, 1 obtained the affidavits of the mass of the claimants, together with important corroborative evidence. From the above sources and from the papers transmitted to me with my instructions from the adjutant general's office. I have coffected such information as enables me to frame a report which I think may be taken as a safe basis of adjustment of these claims.


The general's report, which is quite circumstantial, and discusses the former investigation of the claims by the territory, substantially approving and accepting the investigation of Commissioner Tufts, goes further than that authority and allows the territory the sum of $33,980.30, which was an increase of $5,843.13 above the total amount allowed by the territorial commissioner. Nothing further need be said to sustain the justice of the claim made by the territory, nor need there be anything added to show the dire necessity which at the time called forth the efforts of the pioneers to save the territory from being abandoned by its white population.


In 1874 Congress made the appropriation of $33,986.30 as recommended by General Hardie, and this sum was paid directly to the beneficiaries in 1875. They were paid by treasury draft direct from Washington, each claim being prop- erly certified and sent either to the department or Delegate Armstrong who re- mained in Washington and gave his attention gratuitously to the collection and forwarding the proceeds direct to the party entitled thereto. The Government was extremely cautious and painstaking in seeing that no fee for collecting the claims was secured by claim agents. Over three hundred members of the old militia in Bon Homme, Yankton, Clay, Union and Minnehaha counties received pay for the two months military service in the fall of 1862 (it should have been six months ) ; and in addition a considerable sum was disbursed to merchants for supplies confiscated for the use of the troops, and to hotel keepers for rations furnished those who were kept on the firing line. A list of the names of the militiamen, and those who voluntarily (and involuntarily) furnished supplies, will be found in the report of James Tufts, territorial commissioner, to audit the accounts which appears in this chapter.


The national Government should make some further reward and provision for those old defenders of Dakota's homes and firesides, especially in view of the rapid progress the territory has since made in agricultural production, the most important and indispensable of our national industries. The militia took the place of Government troops which at that time were needed south, not only for two months but for two years, more or less, and it would seem appropriate that their services, amid much privation and danger, many of them with families, should be recognized by having their names on the national pension roll. But for the militia the territory would have been entirely abandoned by its white population, as was advised at the time by officers of the volunteer army who foresaw years of war and tumult on these frontiers before the contest would be closed. The pension roll is open to those who served ninety days in the volunteer service, and though but sixty days were allowed the Dakota militia, this measure of time was inferred by General Hardie from the report of the territorial commis- sioner who was advised to keep the claim a reasonable one safely on the side of the settlers and claimants, as an inducement to Congress to make an early reimbursement of the amounts due. Had the commissioner allowed ninety days. there is little doubt that Hardie would have advised accepting his action without protest ; but in the face of the commissioner's finding and in the absence of any protest on the part of the parties interested. the general did not feel warranted in increasing that item in the bill of the territory, but he did increase the aggre- gate sum found due by the commissioner, over five thousand dollars.


Should Congress decline to make an appropriate recognition of the loyalty and valued services rendered by this small but intrepid band of Dakota's carly


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defenders, the honor of a suitable recognition in some suitable form, will fall 10 the sons of that old guard, who as the sovereigns of a great state should testify their regard for those in that critical time who saved the territory from utter abandonment.


The territorial auditor, J. R. Hanson, made the first formal report of the financial situation of the territory to the Legislature of 1804-5. Dr. Justus Town- send had been elected auditor, but had removed from the territory and Mr. Han- son was appointed to succeed him. There had been no assessment of property made, the returns of which had reached the auditor's office, and there was noth- ing to formulate a report about except certain recommendations for the enforce- ment of the revenue laws. Hanson's report follows :


To the Honorable Council and House of Representatives :


By the requirement of section 2, chapter 8, of the general laws of 1863-4. it was the duty of the governor "to appoint and commission a territorial auditor to fill the unexpired term of Justus Townsend." In compliance with this law, I was so appointed and commis- sioned by his excellency, Gov. N. Edmunds, on the 21st of January, 1864, and immediately entered upon the duties of the office.


In submitting this, the second annual report of this office, it is the source of much regret that I am not able to present to you a more favorable condition of the territorial finances. The state of the treasury remains the same as when I took charge of the office-empty. The indebtedness of the territory is increasing steadily of fact pertaining to its existence, and small debts are constantly accruing in the various counties as a matter of necessity if any portion of the laws is to be enforced. For the liquidation of outstanding claims, and for the ready adjustment of such as will be unavoidably incurred in the future, some action should, in my opinion, be taken by the Legislature. The revenue laws appear to be just and wise and applicable to our youthful state. The wrong necessary to be righted exists with the county officers of the several counties, in whose hands the administration of these revenue laws is placed. There has come to my knowledge but one exception to a general evasion on the part of these county officers of their official duties. The remedy for this evil is simply some stringent enactment compelling such officers to a faithful compliance with all the requirements of the law by assessing property and levying and collecting taxes. I attribute this neglect of duty not to a willful and culpable determination to violate the law or shun the responsibility attached to their office. I believe public sentiment has exerted the influence to which they have yielded. 1 am aware of three popular objections to the inauguration of a regular system of taxation. One is the youth of the territory, and the hitherto rather unsettled and vacillating condition of the population; another is a reluctance on the part of many to contribute to the public revenue, having been sorely pressed by heavy taxation in the states from which they emigrated to Dakota, believing that here their property would be free for several years to come, and the third is the almost general opinion that all the taxable property of the territory, if properly assessed, taxed and collected upon, would be no more than sufficient to pay the expenses incident to such assessment, taxation and collection.


To these three objections 1 desire to reply briefly. First, if the youth would become a respectable member of society he must conform to its habits and customs, and it is well to take frequent lessons from his nearest neighbors. Settlements in Dakota, based briefly upon the experiment. have ceased to be made. Farmers, mechanics and merchants have sur- rounded themselves with much personal and real property, and being freed by generous military protection of all dangers from hostile Indians, nothing less than an actual disruption of the territorial organization can effect any general or material change. Second, he is neither a wise nor a valuable citizen who is unwilling to contribute to such necessary and righteous objects as the safety of persons, property and society. Redress from outrages against cither can only be secured through the channels of law, and laws will not and cannot be enforced if no revenue be raised for the payment of such officers as are necessary to enforce them.


Third, so far as I am advised, an assessment of property has been made in Yankton County only. These assessment rolls show the value of taxable property in the county for 1864 to be a little less than $100,000. The counties of Clay and Union will average almost equal with Yankton County, though the kinds of property differ somewhat from it. The County of Bon Homme contains property of the value of $50,000. The counties of Todd. Charles Mix and Buffalo combined, including stocks of goods for the purpose of trade with the Indians and soldiers, all of which are subject to taxation, contain property of the value of about one hundred thousand dollars. The law provides that "Government lands shall not be taxed for the year in which the entry, location or purchase is made." It is fair to assume that the increase of taxable property from the influx of immigration, and also from many of these Government lands becoming subject to taxation, which are not so the present year, will not be less than one-quarter in the counties of Union, Clay, Yankton and Bon Homme, by the close of the fiscal year 1805. According to this calculation, the results for


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1865 will be at the highest rate of taxation provided by law, and including a per capita tax of $1, as follows :


Yankton County: Total value of property, $125,000. Territorial tax, $187.50: county tax, $250; per capita tax $165. Total. $415.00.


Clay County : Total value of property, $125,000. Territorial tax, $187.50; county tax, $250 ; per capita tax, $150. Total tax, $406.50.


Union and Bon Homme Counties: Total value of property, $50,000. Territorial tax, $75: county tax, $100; per capita tax. $35. Total, $135.


Todd, Charles Mix and Buffalo Counties: Total value of property, $100,000. Terri- torial tax, $150; county tax, $200; per capita tax, $100. Total, $450.


Total value of property in the several counties, $525,000. Total territorial tax in the several counties, $787.50. Total county tax in the several counties, $1,050. Total per capita tax, $790.


The above exhibit indicating the probable amount of property in the territory for 1865; the territorial, county and the per capita taxes accruing to the revenue of the territory, were the laws properly complied with in the various counties, show a result sufficiently satis- factory to allay all fears of poverty and place the fresh and young Territory of Dakota in a position of respect and honor in the financial world. While the above amount of tax would fall so lightly upon our citizens as to be scarcely perceptible, they would be largely rewarded by the consciousness of having contributed toward the redemption of the territorial credit and the enforcement of the laws so essential to the undisturbed enjoyment of all their possessions.


Since taking possession of this office no territorial warrants have been issued by me. and therefore the total amount issued outstanding remains the same as reported by my predecessors to the last Legislature, to wit :


No. 1, May 8, 1863. James Tufts for extra pay as secretary of the council, general laws 1862, $120.


No. 2, May 8, 1863. William Goodfellow, for total pay for services rendered as engross- ing and enrolling clerk of council as per general laws of 1862, $44.


No. 3. May 8, 1863. J. R. Hanson, for extra pay as chief clerk of the llouse of Representatives as per general laws of 1862, $120.


No. 4. May 8, 1863. William Goodfellow, for total pay for services rendered as engross- ing and enrolling clerk of council as per general laws of 1862, $196.


Total outstanding warants, $480; for the payment of which there is no money in the treasury.


Up to and including the last day of the fiscal year ending November 30, 1864, there will be claims against the territory (exclusive of warrants issued), as follows :


Salaries of auditor from May 20, 1862, $129.163/3.


Books and stationery for auditor, which have been furnished, $25.50.


Salaries of treasurer from October 1, 1862, $112.50.


The account of Daniel Gifford for services rendered as the engrossing and enrolling clerk of the House of Representatives as per general laws of 1862, $180. Total, $446.6633. Total indebtedness of territory December 31, 1864, $926.662/3.


The following estimate will indicate the probable increase of liabilities up to November 30, 1865 :


Salary of auditor from November 30, 1864. $ 50.00


Salary for treasurer from November 30, 1864 50.00


Books and stationery for auditor's office. 50.00


Books and stationery for treasurer's office. 50.00


Seal for auditor's office. 10,00


$210.00


Total indehtedness December 31, 1865, $1,136.663/3.


To meet the liabilities I would earnestly recommend some action on the part of the Legislature compelling county officers in the various counties to a strict compliance with the requirements of our territorial statutes. And I would further recommend an increase of one-half mill on the dollar on the amount of territorial tax now allowed by law. This would, in my judgment, raise sufficient revenue to liquidate all demands against the territory.


J. R. HANSON, Territorial Auditor.


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CHAPTER XXXVI THE ASSASSINATION OF PRESIDENT LINCOLN 1865


LINCOLN'S INAUGURAL ADDRESS-ASSASSINATION OF THE PRESIDENT-THE NATION GRIEF STRICKEN-MEMORIAL EXERCISES IN DAKOTA-PRESIDENT JOHNSON'S PROCLAMATION-FEDERAL APPOINTMENTS-MUSTERING OUT-GENERAL SULLY CONGRATULATES DAKOTA CAVALRY-COUNTY GOVERNMENT INAUGURATED-HIGHE PRICES THE RULE.


On the 4th of March, 1865, Abraham Lincoln was inaugurated President of the United States for the second term. On that occasion he delivered a brief inaugural address, reviewing the great events of the past four years. It was quite manifest at this time that the Rebellion was nearing the end, and Mr. Lin- coln's words were the frank expression of a heart overflowing with kindness and charity for the misguided and impoverished people who had endeavored to de- stroy the Union. He wished to offer them bread not a stone; something which would convey to them an assurance that in the overthrow and destruction of their ill-starred Rebellion, no enmity remained on the part of the triumphant nation ; no rancor was felt by the victor for the vanquished. The concluding portion of the address, which is here given, exhibits such faith in God, such complete resignation to his will and purpose, and such magnanimity of soul, that it must forever have a place among those words that were described by the wisest of men, as "apples of gold in pictures of silver." But a few weeks before his death, on the occasion of his second inaugural, alluding to the great war between the Government and the rebellious states, which was just on the eve of terminat- ing, Mr. Lincoln concluding, said :


Neither party expected for the war the magnitude or the duration which it has already attained; neither anticipated that the cause of the conflict might cease before the conflict itself was brought to a close; each looked for an easier triumph and a result less fundamental and astounding.


Both read the same Bible, and prayed to the same God, and each invoked his aid against the others. It may seem strange that men should dare to ask a just God's assistance in wringing their bread from the sweat of other men's faces, but let us not judge that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has his own purposes. "Woe unto the world because of offenses, for it must needs be that offenses come, but woe to that man by whom the offense cometh." If we shall suppose that American slavery is one of these offenses which in the providence of God must needs come, but which having continued through the appointed time, he now wills to remove, and that he gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discover that there is any departure from those divine attributes which the believers in a living God always ascribe to him?


Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet if God wills that it may continue until all the wealth piled up by the bond- man's 250 years of unrequited toil, shall be sunk; and until every drop of blood drawn by the lash shall be paid by another drawn by the sword, as was said 3,000 years ago, so still it must be said that the judgments of the Lord are true and righteous altogether.


With malice foward none, with charity for all, with firmness in the right, as God gives us to see the right. let us strive on to finish the work we are in, to bind up the nation's . wounds, and care for him who hath borne the battle, and for his widow and his orphans ; to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.


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Six weeks later, on the 14th of April, 1805, Abraham Lincoln was slain by the bullet of an assassin. He was in attendance at Ford's Theatre, Washington, witnessing the play of "Our American Cousin" when John Wilkes Booth, a cele- brated actor anu secession sympathizer, entered the private box where the Presi- dent, his wife and some friends were seated, placed a pistol close to the Presi- dent's head and fired. The assassin then leaped to the stage, and with a flourish of his arms shouted "Sic Semper Tyrannis" and made off through the back door of the building, mounted a horse which had been placed there to aid his escape, and rode away with all speed, crossing the l'otomac by the long bridge into Mary- land. The whole affair was accomplished so suddenly and dramatically that it seemed to paralyze the numerous audience, including the President's company, who remained, for a few seconds, apparently stupefied and speechless. But the alarm went forth and not many minutes elapsed before a troop of cavalry were on the track of the murderer who had about an hour's lead, crossing the Potomac by a ferry below Long bridge. The President was removed across the street from the theatre to comfortable quarters, where skillful surgeons did all that could be done to revive him, without avail. He breathed his last on the morning of April 15th, about 5 o'clock.


Intelligence of the assassination was known the same morning in every city and village of the Union and created a profoundly solemn impression upon the public mind. No calamity of the entire war affected the masses of the people as did this. Men and women temporarily lost their reason and ran frantically about wringing their hands, waving their arms and shouting incoherently. Others swooned ; thousands wept aloud, sobbing piteously. The nation seemed like one great family, grief stricken at the death of its most favored and beloved member. The emblems of death's visitation draped the household and the marts of trade all over the land. The grief was more intense, impatient, sullen and pathetic than when Washington died, owing to the manner of Lincoln's "taking off," which was so sudden and unexpected, so violent, cruel and cowardly. The affliction probably was felt more acutely in the case of Lincoln, he being the great leader of the hosts of liberty and Union, whose shattered though victorious armies were just emerging from the long sanguinary struggle. The people loved and revered him; many may have idolized him. He was a shining mark and in the hour of his greatest triumphs, the fruition it might be said of his fondest prayerful hopes. death took him. Not only in our own country, did overwhelming and universal grief prevail, but the people of the old world felt the great sorrow. Lincoln had been so wise and true; so unselfish, forgiving, kind and patient ; so grand and good in his great office, that civilized humanity the world over, appeared to bear for him the deepest homage and sincerest affection. But a few weeks before his death he had been inaugurated President for the second term; the Rebellion that had withstood the storms of terrible and unrelenting war for four long bitter years, had been suppressed or had spent its force, and the greatest war ever waged. all things considered, was practically at an end. The leading rebel general, Lee, had surrendered his army to Grant. at Appomattox. Richmond, the capital of the Southern Confederacy, had capitulated, and Jefferson Davis, the prime instigator and leader of the secession movement, and president of the confed- erate states of America, was a fugitive with a reward offered for his capture. It was an hour when Lincoln was receiving the homage of the loyal people of the nation as no man had ever before been offered it save Washington at the close of the Revolutionary war. Lincoln had performed his full part in bringing about the results which saved to the people of this great republic and of all the world, the nation that had been leading humanity for scores of years out of the slavery and darkness of despotism and monarchy, into the brilliant sunlight of individual freedom-the nation to whose guardianship it would seem God had entrusted the keeping and preservation of the sacred ark of human liberty. His fame was secure. but it did not appear to the perception of the people of this country, that his life work was completed, for still in front, in the tomorrow of the nation there




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