History of Dakota Territory, volume I, Part 74

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198

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I therefore regard it as the imperative duty of the present Legislature to provide by law a sufficient fund to meet these expenses. This should not only be done, but means should at the same time be provided for defraying our current and contingent expenses. I recommend therefore the prompt levy and collection of at least two thousand dollars for this purpose.

In case the Legislature should see fit to adopt some measure for the encouragement of immigration, involving the expenditure of money or the creation of a debt, it would seem to be your duty to provide a fund for the liquidation of such debt. In such case I would recom- mend a law authorizing the issue, by your auditor and treasurer, of territorial bonds, drawing interest, having not less than five nor more than ten years to run, with the prompt levy and collection of a sufficient territorial tax to meet the accruing interest. Means may very prop- erly be provided in this way in furtherance of this object without imposing an impressive burthen upon our present settlers. 1 am clearly of opinion that one or two thousand dollars per annum, judiciously expended in promoting this object, will be amply compensated in the increased flow of immigration into our territory. In connection with this subject, I would suggest for your consideration the propriety of providing a suitable building for an armory and powder magazine in which to store the territorial arms and fixed ammunition. Thus far storage has been furnished by our citizens, free of expense to the territory; and it seems to me that the time has now arrived for the territory to provide the necessary buildings and defray the expense of taking care of property sent here by the general Government for mutual protection, and for the common benefit of all.

GOVERNMENT WAGON ROADS .- Congress, at the close of its last session, provided by law for the opening of three very important wagon roads across the territory, and made liberal appropriations to secure the prompt laying out and opening of these lines. One of the routes, commencing at Niobrarah, Nebraska Territory, running thence through the southern portion of this territory to Virginia City, Mont., has, I am informed, been explored throughbut its whole length by the energetic efforts of the superintendent selected by the secretary of the interior to look out and establish the route. Having very recently returned to his home in Sioux City, in the absence of information on the subject I am not able to inform you of the results of his explorations.

The general character of the country from Sioux City to the mouth of the Big Cheyenne, over which the second road is now being surveyed, which may properly be called the middle route, is such as to require but little outlav to make a good road, with the exception of bridg- ing three very important streams, the Big Sioux, Vermillion and Dakota rivers. 1 am informed by the superintendent of this road that owing to the searcity of suitable timber for bridge building along this line, the improvement contemplated by Congress in making the

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appropriation is going to be much more expensive than was at first supposed. As this road runs for a distance of 150 miles through our best and most important settlements, it may very justly be considered at the present time the most important of the three routes to our citizens. It is therefore hoped that Congress will early take such action as to insure the speedy opening of this entire line of road.

The third road or route commences on the Minnesota state line, and terminates at or near Fort Conner, on Powder River, where it is expected this line will intersect the road from Niobrarah, Neb., to Virginia City in Montana Territory. A preliminary examination of this route, 1 am informed, has been made, by the superintendent, from the state line of Minnesota to the forks of the Big Cheyenne River, and the general character of the country is such as to require but small outlay in the way of improvement to make a good road the whole distance. Too much importance cannot well be attached to the early opening of these lines of thoroughfare, and it is hoped that should it be found necessary, in order to secure their speedy opening, that Congress will make further appropriations upon any one of them, I trust you will cordially lend your aid in this direction. They may, in my opinion, justly be considered as the forerunners of a railroad on each line, if by their speedy opening the travel to the gold fields of Montana and Idaho is thrown over these routes. I confidently anticipate that the day is not far distant when a daily line of post coaches, leaving one of the numerous towns in this vicinity, will be unable to carry the passengers desiring to take some one of these routes to the gold fields of the Northern Rocky Mountains, by reason of the great distance saved by taking these lines over that now traveled by Omaha, Fort Laramie and Salt Lake City, thence to Montana and Idaho. It is well settled that the distance saved on either of these lines will not be less than six hundred miles, or six days' constant travel by stage.

[A memorial to Congress for a capitol building appropriation was recommended.]

PACIFIC RAILROAD .- The location of the northern branch of the Pacific Railroad is doubt- less a question of far greater importance than any to which I can at this time call your atten- tion, and when presenting, as we do, for the consideration of the President of the United States, by far the shortest and most practicable route up the valley of the Missouri and Ni- obrarah rivers to intersect the trunk line in the vicinity of Fort Laramie, thus forming almost an air line from the passes of the Rocky Mountains to Chicago, the great railroad center of the Northwest; our claims, it appears to me, are paramount to all others, which have been heretofore contemplated or even spoken of for this line of road. I call your attention to this subject at the present time for the reason that it is reported that a company has already been designated to construct the line under consideration, and that it is contemplated by this company to construct the road from Sioux City down the valley of the Missouri River, in a southeasterly direction, for a distance of one hundred miles or more, to intersect the branch of the Pacific Railroad running west from Omaha. How long will it take, I beg leave to inquire, to reach California by traveling in this direction? Is it probable that Congress in making such liberal appropriations to encourage the early construction of this line of road, contemplated or expected the funds of the Government would be used for con- structing a railroad running southeast from Sioux City in order to form a railroad con- nection with the Pacific Coast? I think not. I have no doubt that Congress, when legislat- ing upon the subject, expected the persons or companies selected to construct the several branches, would at least try to shorten the distance and time to California by constructing the roads in that direction. Believing this to be the case; I recommend that you early call the attention of the President to this subject, and memorialize him to reconsider the action of his predecessor, President Lincoln, in designating the company to construct this branch of the Pacific Railroad and in case this cannot be done, that you lay the matter before Congress and solicit from that body such legislation as will require the company designated to construct this branch in starting from Sioux City, towards California, by the most direct and practicable route. The memorial passed by the last legislative assembly on this sub- ject, approved January 12, 1865, clearly sets forth not only many of the advantages gained in selecting the Niobrarah route, but also some of the disadvantages in adopting the route southeast from Sioux City. I respectfully submit this subject for your consideration, hoping that you will, by prompt and judicious action, secure to our constituents the advantage to be derived from having this road constructed through the southern portion of this territory, fully believing this to be in accordance with the views of a large majority of Congress in making the appropriation to encourage the construction.

PRIVATE LAWS .- I beg leave to submit whether it would not be better to pass some general laws on the subjects most frequently presented for your consideration by individual citizens, such as ferry charters, town sites, etc. On reference to our existing laws I find that we have already upon our statute books sixty-one chapters of private laws. A large majority of these are, I think, ferry charters, many of them entirely useless and utterly worthless. In all cases where the franchises granted have not been improved, I recom- mend the repeal of the law, and in lieu of special privileges to individuals in future, the enactment of a general ferry law, under which any person desiring to run a ferry may do so upon complying with the provisions of the statute made for the protection of the public in all such cases. It occurs to me that this may also be done very properly in the case of town sites, bridges, etc. The enactment of such general laws, early in the session, will preclude the introduction of a large number of private bills on these subjects.

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CONCLUSION .- I have endeavored briefly to call your attention to matters deemed im- portant, and such, it has seemed to me, as first ought to occupy your attention. While many subjects of importance have doubtless been overlooked in this communication, still, as it will be my privilege and duty to make suggestions from time to time to your honorable bodies, such omissions may hereafter be supplied. And now, in conclusion, allow me to express the hope that the different branches of our territorial government will work together in harmony, with an unselfish desire to promote the general interests of all sections of our territory, by which means we shall not only best satisfy our own feelings in the conscious- ness of duty well performed, but advance the cause of religion, liberty and free government -in thus contributing our mite towards ameliorating the condition of mankind.

NEWTON EDMUNDS.

The subjects treated by the governor's message were of the first importance to the territory. The Progress of the Indian War states the attitude of the peace-by-treaty people, of which the governor was a recognized leader. Immigration is well discussed, but the members of the Legislature could not be induced to authorize the issue of territorial bonds for any purpose. Territorial expenses throw light upon a subject that the members of the Territorial Legislature regarded as a little less distasteful than the subject of bonds, Any measure that called for taxation was considered as one that would impose a burden upon the people, who were already overburdened with the demands of their homes and families. The Pacific Railroad, the northern branch, touches a matter which in its day interested a number of leading men not residents of the territory, who stood ready to construct the northern branch on lines indi- cated in the message if accorded the aid which Congress had already voted in the Union Pacific charter. It should have been the route selected. John I. Blair, the railroad king at that time, when the country was convulsed with the Civil war and the President had no time or inclination to investigate the routes, was able to secure the appointment to build the northern branch. He was then just completing the Northwestern to Council Bluffs and Omaha, and conceived the plan of the Sioux City and Pacific from Missouri Valley to Sioux City, and from Missouri Valley to Fremont, Nebraska, which he was able to convince the President would be a suitable route for the northern branch of the Union Pacific. The message shows the absurdity of the route, but it was successful nevertheless.

This session of the Legislative Assembly was made up of republicans and democrats, who, as a rule, had been elected on the same ticket. The Civil war and the attitude of President Johnson on the matter of reconstructing the rebel- lious states, had unsettled political parties, and although the war had been over for half a year, all men had not concluded just where they were to line up in the future. The national union party of Dakota had elected the Legislature and the nominations had been made with the view of getting about an equal number of republicans and democrats on the tickets, and electing them. This had been done. The Legislature was, therefore, very equally divided between the two old par- ties, and there was no reason, except former party affiliations and prejudices, that would prevent the members from working together harmoniously : still there was more or less of the old rivalry.

A law was enacted for the admission of attorneys to the bar of Dakota Ter- ritory.

The Legislatures of the earlier years in Dakota were vigilant in protecting the welfare and interest of their constituents, by giving them liberal exemptions. At the first session in 1862 a number of laws were enacted on this subject, and under the provisions of one of these enactments all real and personal property belonging to any citizen was exempt from all legal process for all debts owing to parties outside the territory or contracted prior to the removal of the debtor to Dakota. At the present session of the Legislature a bill was introduced by Mr. Michael Ryan, of Union County, to amend the exemption laws, which had been criticized by some of the attorneys within the territory, and by parties out- side who had claims against the citizens of the territory. This bill reduced the amount of exemption materially, but it passed the House, though stoutly opposed

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by the minority, but was ably supported by a lobby made up of home attorneys and an active and resolute outside interest. When the bill reached the Council it met with a cold reception. It was referred to the Committee on Judiciary, of which Mr. Stutsman was chairman, who reported the bill on the twenty-fifth day, December 28th, recommending its rejection for reasons thus stated :

The object of said bill was to reduce the amount of property exempt by law from execution, which in the judgment of the committee would under existing circumstances operate most injuriously to the people of the territory. The moment you break down a liberal and well guarded exemption you open the door to the credit system, which encourages extravagance and finally results in a financial crash, and the inextricable ruin of many families, that under the existing laws would be prosperous and happy. The committee has, therefore, instructed me to report the bill back with the recommendation that it be rejected.

This report was not adopted, but the bill was recommitted to the judiciary committee, which reported a substitute bill, changing some of the provisions of the existing law, but not lessening the total amount exempt; recommending its passage. The bill received an unanimous affirmative vote on its final passage.

Up to about the time of the organization of Dakota, 1861, it had been the policy of the Federal Government to dispose of the public lands at private sale, after they had been offered as preemptions for a reasonable time. During the administration of President Buchanan, which was the administration preceding the Civil war, large bodies of land in both Nebraska and Iowa were offered at private sale. Under these sales one person could purchase a township of land if he so desired. The consequence was that a great quantity of the land in those states found its way into the hands of capitalists and speculators ; and there had grown up in the minds of the border settlers a sentiment that the policy was detrimental to the settlement, growth and improvement of the western country.

This policy, it was discovered, led to the accumulation of large tracts of the best lands in the hands of speculators, who had purchased with no intention of . improvement. In some sections of the new West, notably in Iowa, nearly the entire landed area of its uninhabited northwestern counties was owned by private parties as late as 1865, and as the ordinary emigrant was not prepared or not satisfied to purchase, he went beyond these private tracts to select a home. As a result, there were large uncultivated wastes between the settlements to the great detriment of the country in the development of its highways, and its religious and educational work.

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There were comparatively few quarter sections in these Northwest Iowa counties that the "land grabber" had not appropriated. and a small company of enterprising young men at Sioux City hit upon a plan for improving these unset- tled counties at the expense of the large land owners, and make it to their pecu- mary interest to offer their land for sale at a reasonable price. These young men emigrated to the unsettled regions and took up preemptions on the vacant quarters, and then under the law effected a county organization. Elections were called and county officers duly elected and installed and the machinery of county government set in motion. The county board of commissioners would order an assessment of the real and personal property of the county, which at a very moderate rate of taxation would yield a handsome revenue to be used in public improvements and the payment of the salaries of county officers. They would also proceed to open roads, build bridges, and in some instances erect a county courthouse. School districts were also organized, schoolhouses erected, and school taxes levied. The assessor was put to work, and the land held by private parties being subject to taxation, was duly assessed and notice given as is cus- tomary in such cases. Those who did not come forward and pay their tax found their lands advertised at tax sale at the proper time, and desiring to avoid the trouble involved in a clouded title, after freely criticising the extravagance of the county government, usually paid the tax And as they were all non-residents, who complained by letter, their unfriendly criticisms were not seriously consid- ered. The counties that resorted to this heroic mode of development and

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improvement issued county warrants in payment of county indebtedness, making reasonable allowance for, the discount on such paper, and where all steps of organization had been properly and lawfully taken, and the proceedings regular, the holders of the warrants found a ready market for them at the banks or with investors in the neighboring towns, and could always exchange them for any kind of merchandise required in their pioneer homes, while the remittances from the non-resident land owners were sufficient to keep the floating debt within reasonable bounds.

This condition was well known to the early settlers of Dakota, some of whom had been engaged in this county organization business. They had only to look across the streams that separated them from the states to perceive the injurious effects of private land ownership of thousands of contiguous acres; and among the common people, who are always in the great majority and have no money to invest in lands, the sentiment in opposition to throwing any of the public lands upon the market was very strong, and no man or party who aspired to leader- ship in politics was reckless enough to venture an affirmative voice when this subject was under discussion.

With the advent of Mr. Lincoln as President, and the changes in the policy of the Government which followed, the private sale of the public lands was dis- continued, but the homestead law was passed in 1862, which, together with the preemption law, afforded the homeseeker all that could be reasonably asked, and at the same time apparently insured the settlement of the public land districts in a compact manner, insuring with this close settlement the most rapid improve- ment of the country in roads and bridges, the establishment of churches and schools, and affording settlers the advantage and enjoyment of neighbors and the social benefits derived therefrom. In the face of the manifest disadvantages of the old system, and the undisputed benefits accruing to the actual settlers from the new policy, a strong sentiment had grown up in favor of a return, in part, to the private sale system, which was supported, chiefly, by the argument that it would speedily increase the amount of taxable property. Considerable difficulty had been met with in Dakota in the efforts of the lawmakers to devise a revenue system that would yield a sum sufficient to meet the expenses of county and territorial government. The territory had reached that period in its career when it had insane persons to be cared for, criminals to be imprisoned, other unfortunates to be supported at public expense, in addition to sundry expenses, such as salaries, rents, etc., for the officers who performed public duties, and under the comparatively slow process of the homestead and preemption law the amount of taxable lands subject to taxation made slight annual increase. Under these conditions some of the lawmakers of 1865-66 concluded that it would be advantageous to return to the old system of selling the public lands in open market, to promote which a joint convention of the Legislative Assembly was held on the 19th of December, 1865, at which the following resolution was presented :

Resolved. That it is the opinion of this joint convention that sound policy would suggest the propriety of the passage of a memorial by this legislative assembly to the President of the United States, praying him to order into market certain townships and parts of townships of the public domain in this territory, as may be designated by this Legislature.

A motion was made to adopt the resolution, and a division of the convention being called for on the motion to adopt, there were fifteen voting in the negative and fourteen in the affirmative, so the motion was lost.

This result had not been anticipated by the leaders of the movement, and to divert attention from the attempted but fortunately defeated proposition, which it was presumed woukl meet with little favor from the settlers, an adroit move- ment was resorted to that would serve to prove that the joint convention was assembled for a very necessary and commendable purpose ; which was embodied

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in a resolution immediately presented by a prominent member of the Council, as follows :

Resolved, That it is the sense of this convention that the revenue bill which is proposed to be introduced during the present session of the legislative assembly should contain a provision requiring every male person above the age of twenty-one to pay a poll tax yearly of one dollar for the benefit of common schools.

The motion was adopted, and the joint convention then dissolved.

There is no record kept of the members who voted on these questions. The purpose of the joint convention was to secure a majority vote on the private land sale resolution, and the absence of three or four members who were expected to support the measure fortunately prevented its adoption; not that there was the slightest prospect for the change to be adopted by the general Government, but fortunately for the political reputations of the gentlemen who promoted the measure, and fortunate for Dakota, becattse it would have added the term "land grabbers" to the other opprobious epithets the outside world used quite liberally when speaking of this "drought-stricken and grasshopper ridden country."

This Legislature also passed two divorce bills, one from Bon Homme County entitled Georgiania H. Young vs. Lewis Young, regarding which the Committee on Judiciary say in their report, that after examining the written testimony they are forced to the conclusion that the conduct of Lewis Young has been of such a character as to render it impossible for his wife and child to live with him. The affidavits of Francis Rounds, George T. Rounds and the plaintiff are cited in support of the claim and the committee recommends the passage of the bill, which action was taken; but Governor Edmunds vetoed the measure, and the Legislature refused to pass it over his veto. The second case was that of Rachel J. Rowley vs. Charles S. Rowley, introduced by Councilman George Stickney, of Union County. In this case the judiciary committee cite the affidavits of Rachel J. Rowley, James W. Phillips, Phinneas Phillips and P. Darwin Phillips in support of the application, and made the statement that if Charles S. Rowley, the husband, is not already, he ought long since to have been an inmate of a state's prison, on the charge of counterfeiting ; that he had abandoned his family for a period of over six years. The committee recommended the passage of the bill, and it was duly passed; but met with objections from the governor, who declined to approve it. In his veto message, the governor said :

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History of Dakota Territory, volume I, Part 74

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