History of Dakota Territory, volume I, Part 73

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 73

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The farming settlements of the territory were thrown into a condition of wild and dangerous excitement by the boldest kind of an Indian raid made by four well armed Indians upon some Brule Creek settlers who were employed in the hay field near Brule Creek and within a half a mile of the Big Sioux River in Union County. The settlers attacked were Thomas C. Watson, E. B. La Moure, and Mr. Fletcher and his wife, who was assisting her husband. The raid occurred in the evening of Thursday, October 10, 1865, about 6 o'clock, just as the hay-makers were getting ready to quit work and return to their homes. The Fletchers were at work about eighty rods from Watson and La Moure. Watson was driving the team hitched to the mower and La Moure was following. when suddenly an Indian sprang out of the grass not twenty feet distant, and poured a rifle ball into La Moure's breast, killing him instantly. He then rushed out at Watson with his bow. Watson was not armed and concealed himself behind his horses. The savage poured a volley of arrows at him, and finding nothing to do but run for it, Watson started for the cabin, the savage following and firing at him with his arrows, one of which struck him in the shoulder, causing a very severe wound. Watson managed to escape, and the savage returned and made off with the team. The Fletchers were attacked by two Indians at the same time who were armed with bows and arrows. Mrs. Fletcher prevailed on her husband to save himself by flight, telling him that the savages wouldn't harm her. Fletcher started to escape, but turned back, and received an arrow in his arm, inflicting a painful wound. Mrs. Fletcher shouted to him to run, knowing that he would be killed if he couldn't get out of the way, and he started the second time and made good his escape. Mrs. Fletcher was Vol. I -27

418

HISTORY OF DAKOTA TERRITORY

on top of a load of hay, and the savages came up and detached the horses from the wagon, not offering to molest the woman. Mrs. Fletcher, however, showed fight, and attacked an Indian with the pitchfork, striking one of them a severe blow, when he grabbed the implement, wrenched it from her hands and struck hier a blow with it in retaliation. The other then attacked her with his arrow, shooting once throughi her dress and skirts, and leaving a mark across her body. Ile would have killed her, but his companion interfered and told him she was a brave woman and ought to be spared. Mrs. Fletcher understood the Sioux language, and then gave the Indians to understand that if they only wanted the horses to take them and leave, which they did as rapidly as they could, striking across the Sioux into Iowa, thence to the Rock River. They were followed soon after, and their trail was not lost until they reached the Minnesota state line, when it disappeared. One of the Fletcher horses was found with a rifle bullet in his brain about twenty miles from the scene of the massacre. The Indians were never discovered, but they were Sioux and probably a fragment of the Santees who had left the reservation. The E. B. La Moure who was killed was an elder brother of Judson La Moure, who has since been quite prominent in the affairs of the territory and of North Dakota. Judson was living with his brother at the time and was one of the first to reach the scene of the massacre. He also joined the pursuing party of nine settlers, who followed the trail of the Indians a distance of seventy miles. Governor Edmunds received intelligence of this affair a few hours after it occurred by a courier who rode up from the Brule settlement. Governor Edmunds made immediate preparations for visiting the alarmed neighborhood and set out about midnight for Brule Creek, reaching there early the next morning. He immediately communicated with the military authorities at Yankton, Sioux Falls and Sioux City, urging prompt pursuit of the Indians, and requesting that a detachment of troops then at Vermillion be ordered to the Brule Creek settlement as a means of quieting the apprehensions of the settlers and discouraging any feeling of deserting their homes. The killing of La Moure was deeply deplored. Ile was one of the best citizens of the county and as a matter of course was warmly esteemed, but the injurious effects of the raid were of the most serious kind in stirring up a feeling of alarm throughout the settlements of the territory, and in putting an effectual stop to immigration. The atrocity was the act of four Indians acting on their own diabolical motion, and did not mean that Indian troubles were impending or that the safety of the settlers was threatened except in this stealthy way by small bands who could creep into the settlements unobserved, steal and do murder, and escape. There were no further raids that fall, and that was the last of the bold incursions which the Indians made upon the settlements.

Mr. Watson did not witness the attack on the Fletchers, as they were off about a quarter of a mile and were attacked by another party of Indians, but he had a very clear knowledge of the details of the tragedy in which he came near losing his life. His statement was to this effect :

For two or three days E. B. LaMoure and myself had been cutting and making hay near the Sioux, about 11/2 miles from home. On the afternoon of August the roth, the sun about an hour or an hour and a half high, I was running my mowing machine with E. B. LaMourc, having a horse team hitched to the same. Mr. LaMoure had been cocking hay and had just finished and dropped in some two or three rods behind me with a pitchfork in each hand, walking leisurely along. The savage lay behind a hay cock, directly in rear of us, or nearly so. At this juncture he shot Mr. LaMoure with a rifle, the ball striking the back bone oppo- site the heart, scemed to range toward the heart, and did, in all probability, hit that organ. I did not realize that it was the report of a gun at that time, as my machine was making a good deal of a noise which drowned the report, but supposed it to be the breaking of a sickle tooth, which did occur a day or two previous to this, the report being the same to my car, and in consequence did not look around at once, but probably went nearly a rod before look- ing around, and when I did, imagine my surprise to see LaMoure lying on the ground quiver- ing in death, and the savage foe rushing on to me with gun, bow and arrow, and war clubs, with all the fury of the devil. I had not so much as a ten penny nail. My only hope was an axe which lay on the wagon some twenty rods distant, so I let go the lines and did not

-- -----

419

HISTORY OF DAKOTA TERRITORY

stop the team, but made for the wagon as fast as possible, at the same time watching the savage as well as I could, and dodging his arrows as best I might. 1 succeeded in dodging his two first shots, the second one going under my hat brim and brushing the hair on the back of my neck. The third he succeeded in putting into my left shoulder; it struck far enough from the back bone to catch the outside of the shoulder blade instead of under it, which was very fortunate for me. It did not go quite through, but had to be cut in front and pushed through as the only way to extract it, coming out above the collar bone. As soon as the savage succeeded in hitting me he turned his attention to the horses, which had gone out to the corner of the square on which I was cutting, and then started toward home, cut- ting as they went. The savage became alarmed for fear he would not get them, so I escaped with life barely.

I have suffered intense pain, and have barely escaped gangrene or mortification, but am happy to say to my friends that my wound is discharging freely and the inflammation pretty well subdued, and with care I hope to recover and to live long enough to see a few "top- nots fall and to see certain orphan children avenged."

The above statement was written out by Mr. Watson on the 21st, ten days after the raid. He does not appear to have seen but one Indian, but in his state- ment the morning after the attack he mentioned hearing a signal before the shot was fired, and this is believed to have been given to both the attacking par- ties at the same time by a fourth who remained concealed.

Brule Creek settlement contained some sixteen or eighteen families, who were settled within a couple of miles of the creek, distant about forty-five miles from Yankton and within eighteen miles of Sioux City. It was the most daring raid yet perpetrated, and showed the recklessness and desperation of the outlawed Indians, who seemed to take a peculiar delight in a hairbreadth adven- ture that would arouse widespread alarm. Out of this affair and some others of like bold and desperate character in Minnesota grew a plan to train a number of bloodhounds to follow the marauders who committed these atrocities, and the Minnesota authorities secured about fifty of these animals from Southern states. It was not learned that they were of any practical benefit.

John Gleason, employed as trader by the Northeast Fur Company, and having a trading post on the Keha Paha about sixty miles from Fort Randall and forty miles from the Ponca Agency, was killed by the Brule Sioux Indians on the 14th of October, 1865, and his stock of goods carried off by his murderers. There was a detachment of soldiers stationed a mile from the scene of the atrocity and pillage, but a dense grove intervened and the troops knew nothing of the affair until a day or two later, when they visited the place for the purpose of trading. As the outrage occurred so remote from the settlements, it failed to create alarm.

For the first time since the territory was organized "a full bench" of the Supreme Court of the territory was convened at Yankton on the 6th of July, 1865. There were present His Honor Ara Bartlett, chief justice; Jeff. P. Kidder and W. E. Gleason, associates; Laban II. Litchfield, United States marshal ; Geo. P. Waldron, acting United States attorney; Moses K. Armstrong, clerk, and John Lawrence, crier. The United States marshal was directed to procure a seal with a device to be prepared by Judge Gleason, also a docket. A number of rules governing the practice in the lower courts were adopted, relative to the formation of juries, time of notice before trial, and prescribing the number of challenges allowed in capital cases. The court reappointed the same dates as those fixed by law for holding the term of court in the various districts, there being a question whether the organic act had not reserved this authority to the court exclusively. In the Third District, in which Fort Randall and Bon Homme were the only settlements, the judge was given discretion to hold court at such times as he might select. The court then addressed itself to the solemn duty of making appropriate Lincoln memorial addresses, after which it adjourned.

The seal as designed by Judge Gleason for the Supreme Court of the ter- ritory was two inches in diameter. In the center the Goddess of Justice blind- folded sits enthroned-holding the scales in equipoise in her left hand, her right

420

HISTORY OF DAKOTA TERRITORY

hand resting upon the hilt of a sword. Encircling the goddess are thirteen stars and the words "E Pluribus Unum-Supreme Court of Dakota."

Ara Bartlett, of Kankakee, Illinois, was appointed associate justice of Dakota about the ist of July, 1864, to succeed Judge Williston of the First District, who had been promoted to the chief justiceship of Montana. Judge Bartlett presided in the Vermillion district.

Jefferson P. Kidder, of St. Paul, Minnesota, who had been appointed asso- ciate justice of the Territory of Dakota to succeed Judge Ara Bartlett, who had been promoted to the chief justiceship, reached Yankton on Sunday, the 10th of June, 1865, coming up the river from St. Louis on the steamboat Graham. Mr. Kidder was a native of Vermont, a portly gentleman, about forty years of age, with an intellectual head and a good-humored face. He enjoyed excellent health, and was delighted with the western country and the western people. Ile had been in Sioux Falls in 1858 as a member of the Dakota Land Company. Ilis wife and one son Silas were left in the St. Paul home, where they remained until the judge had prepared a dwelling house, which he did very soon after, at Vermillion. The judge's other son, the oldest, was a graduate from West Point, and was stationed at Fort Laramie.

In the First District, Judge Kidder held a term of court at Vermillion in October, 1865, when a number of cases against the former register of the United States Land Office, James M. Allen, in the matter of extorting illegal fees, were tried, but the accused secured an acquittal in every instance. He was defended by the secretary of the territory, Hon. S. L. Spink.

------ --

-- - - -

CHAPTER XXXVIII THE FIFTH SESSION OF THE LEGISLATURE

1865-66

THE FIFTH SESSION OF THE LEGISLATURE-GOVERNOR'S MESSAGE-TIIE EXEMPTION LAW-PUBLIC LANDS IN MARKET- THE LEGISLATURE SOUNDED-LEGISLATIVE DIVORCES-THE WAGON ROAD INQUIRY-SUPERINTENDENT MOODY REPORTS- MOODY SUPERSEDED-TERRITORIAL BONDS-VARIOUS LEGISLATIVE ENACTMENTS- GEORGE H. HAND-THIE TIMBER SUPPLY.

The fifth session of the Legislative AAssembly of Dakota Territory convened at the capitol building in Yankton on Monday, December 14, 1865. The House was composed of twenty-four members, as follows :

Union County-Thomas C. Watson, E. C. Collins, William Walter, Michael Curry, Michael Ryan, George W. Kellogg, Edward Lent. Clay County- H. J. Austin, James Whitehorn, G. B. Bigelow, Amos Hampton, Franklin Taylor, James McHenry. Yankton County-Jacob Brauch, H. C. Ash, A. M. English, W. W. Brookings, S. C. Fargo. Bon Homme County-Jonathan Brown, C. M. Cooper. Todd County-J. Austin Lewis, Charles II. McCarty. Charles Mix County-William Stevens, Joseph Ellis. Pembina County-not represented.

The House organized by electing G. B. Bigelow, of Clay County, speaker; George I. Foster, Yankton, chief clerk; John Reynolds, Yankton, assistant clerk; George Falkingberg, Bon Homme, sergeant-at-arms; S. M. Kesler, Union, mes- senger ; K. P. Roune, Union, fireman ; Rev. J. L. Payne, chaplain.

The Council was composed of the following members: Union County- George Stickney, O. F. Stevens, Charles Le Breche. Clay County-John W. Turner, N. V. Ross, J. A. Weeks. Yankton County-Enos Stutsman. M. K. Armstrong, Dr. A. Van Osdel, George W. Kingsbury. Bon Homme County -- Austin Cole. Charles Mix County-John J. Thompson. Todd County-J. Shaw Gregory.

The Council organized by the election of George Stickney, president ; J. H. Hanson, Yankton, secretary ; H. B. Vinton, Clay County, assistant secretary ; James D. Prentice, Yankton, sergeant-at-arms; Benton Fraley, Bon Homme, messenger ; Joseph Brouillette, Union, fireman; Rev. M. Hoyt, chaplain ; James M. Allen, enrolling clerk.

The annual message of the governor was delivered the second day of the session.

The message opens with an appropriate expression of the nation's grief over the tragic fate of Abraham Lincoln ; pays a sincere tribute to the patriotism and ability of the martyred President ; and believed that President Johnson, his successor, would faithfully endeavor to carry out the policies already partially formed by the new administration.

PROGRESS OF THE INDIAN WAR .- It has for some time been the opinion of persons some- what familiar with the controversy, that could the hostile Indians be seen by persons discon- nected with the military operations of the Government in this country, thus enabling them to

421

422

HISTORY OF DAKOTA TERRITORY

explain their position and state the grounds of their grievances, that peace would be the result of such explanation; by this means relieving our border settlements from the murderous and thieving raids of these savages, and the Government from the enormous expenses incident to the prosecution of a war so remote from the general thoroughfares of the country. En- tertaining these views, just at the close of the last session of Congress, the attention of the Committee of Indian Affairs in the Senate was called to the subject, and for the purpose of making an effort in this direction with a view of bringing about a permanent peace with these lostile Indians, Congress saw fit to make an appropriation of $20,000 for the purpose of making the experiment. It was discovered when the effort was about to be made, that owing to a military order in this department on the subject, no such effort would be permitted by the military commander, because, forsooth, it was not in accordance with the views enter- tained by the commander of the department. So an order was promulgated prohibiting any treaties to be made "except such understanding as was had with them by the military authorities." This was the position of affairs when the new secretary of the interior, Hon. James Harlan, came into office. He took hold of our Indian difficulties with an energy and determination hitherto unknown in that department, and by his energy and perseverance soon made himself master of the position. As the result of his labors on this subject, there is now every prospect that an early, permanent and lasting peace will speedily take place between the Government and these hostile Indians, and the millions heretofore sqaundered in fostering and prolonging this needless war will either be left in the United States treasury or devoted to the reduction of our large national debt, necessarily created in the prosecution of the war against the people of the revolted states. I am advised that the commission appointed by the President and sent to the Southwest has succeeded far beyond the expecta- tions of the most sanguine in negotiating treaties, not only with rebel, but with very nearly every band of hitherto hostile Indians, and that an early and lasting peace may be expected to follow at once as the result of these negotiations.

The commission sent to the Northwest to treat with the Indians of this and adjoining territories, I fully believe would have been equally as successful could they have got into the Indian country at a time of year when it was possible for the Indians to meet them. So far as they have been able to see the Indians, they have succeeded equally as well as the other commission and it now, in my opinion, only remains for them to meet the other bands of Indians to re-establish friendly relations with all these tribes; indeed, the Indians them- selves stated repeatedly in council that it was the universal desire of all to make peace, and live hereafter on friendly terms with their white brethren.

I see no cause to apprehend a renewal of this controversy next season, unless forced upon us by the heedlessness or recklessness of persons residing in or passing through the Indian country ; and I sincerely hope that persons in passing through the country will exer- cise the utmost discretion and circumspection, and give no cause for a renewal of this struggle which now seems so near a satisfactory solution.

IMMIGRATION .- The subject of fostering and promoting immigration into our sparsely settled territory is one of vital importance, and on this account should receive at your hands prompt, earnest and careful consideration, in order that you may, if possible, devise some means by which our broad acres of hitherto unsettled, unimproved, uncultivated, rich, virgin soil, may become settled, improved and cultivated, thereby contributing to render security conbly secure in our border settlements, adorn and enrich our common country, enable us to establish all over our territory churches, schools and seminaries of learning, through which, and by which, our children are to be made good, useful and respected citizens of this great country. So important has this question been deemed in a national point of view, that the last Congress passed a law, approved July 4, 1864, establishing a bureau of immigration in the state department, and appropriated $25,000 to put the machinery in operation, for the pro- lection and encouragement of emigration from the Old World. The effect of this law, under the wise and judicious management of the commissioner of immigration, has been to more than double the number arriving in this country from the Old World.

I know of no other territory or state presenting as great inducements and advantages as are now to be found in this territory, in the immediate vicinity of fine, flourishing towns, on a navigable river, contiguous to good and reliable markets for every species of produce raised in this country, with thousands upon thousands of acres of as fine, rich, productive and arable lands as the sun ever shone upon, not yet in market, but surveyed and subject to settlement and entry under the Homestead Law, so generously provided by a beneficent Government, by which every settler who desires it may secure a farm of 160 acres, every foot of which is equal in productiveness to the best land to he found in the valleys of the Connecticut, Mohawk or Ohio, for the insignificant sum of $12. It appears to me that you have only to lay these matters before the people of the eastern states, or those coming from the Old World, in such a light as to show all these advantages, to secure such an influx of immigration as will in one or two seasons fill the valleys of the Missouri, Big Sioux, Vermillion and James rivers, with an enterprising, intelligent, frugal and industrious population, who will ever after be showering blessings upon your heads for having called their attention in this direction. Many of our western states have for years had in practical operation a system for the encouragement of immigration, which I believe has been attended with satisfactory results. Quite recently, I think within the past year, the State of Missouri has passed a law authorizing the appoint- ment, by the governor, of commissioners for the encouragement of immigration to that state

---

GEORGE H. HAND

Pioneer of 1865. United States attorney and secretary and acting governor, 1874 to 1883.

423

HISTORY OF DAKOTA TERRITORY

by the selection of three of its prominent citizens, whose duty it is made to lay before the public the advantages presented for settlement in that state; and I notice by the recent message of the governor that their efforts in this direction have been attended with marked and very decided success.

I would therefore recommend the enactment of a law creating one or more commissioners of immigration in this territory, whose duty it shall be to lay before the commissioner of im- migration at Washington, his agent in New York, and such other persons as will cooperate in promulgating the advantages, by the immigrant, from settling in this territory. For the purpose of showing you the interest the Government proposes to take in seconding your efforts in this direction, I transmit herewith the correspondence which has taken place between the honorable commissioner of immigration and myself, to this time, together with copies of the law of Congress, and copies of a circular issued to consular agents in furtherance of this object.

TERRITORIAL EXPENSES .- No adequate provision has yet been made by the legislative assembly for defraying the expenses of the territorial officers, or liquidating present indebt- edness. At the last session of the Legislature I took occasion to refer to this subject, and suggested that steps ought to be taken to raise, by taxation, a sufficient sum to meet our present indebtedness and provide for the current fiscal year. I regret to inform you that no such provisions were made at that time, consequently the indebtedness still remains, and the salaries of our territorial auditor and treasurer still remain unpaid. By a recent law of Con- gress, each state and territory is entitled to receive from the Library of Congress a certain number of copies of the journals and documents of Congress, upon such state or territory defraying the necessary expense attending the delivery of such documents at their respective capitols. Several boxes of such documents were some time since forwarded by the secretary of the interior, by express from Washington, for our territorial library, upon which there are charges to the amount of about one hundred and sixty dollars. These have now been lying in the express office at Sioux City for some months, for the reason that no provision had been made by the legislative assembly for paying the charges on them. It would seem to me that adequate provision ought at once to be made for receiving these books and documents, and means provided for defraying the expense of transportation. For your information I transmit herewith copies of correspondence with the secretary of the interior on this sub- ject. The states and territories have generally adopted the practice of exchanging the laws, journals and Supreme Court decisions with each other, which is a very important matter, as by this means in each state and territorial library are to be found a copy of the laws and Supreme Court decisions of each. Such exchanges are necessarily attended with some ex- pense, which must be provided for by their respective legislatures.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Dakota Territory, volume I, Part 73

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