History of Dakota Territory, volume I, Part 78

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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and Clay were sufficiently attractive to arrest the immigrant, and until they were taken up there would be a very limited immigration to the counties west of them. Immigration was not active in 1866 in the direction of Dakota. Wide wastes of excellent land yet remained in Minnesota and Nebraska, and the pre- emptors and thousands of homesteaders found their locations in those states. During the summer a colony of Minnesotians visited Dakota, headed by Charles H. Mclntyre, James F. Jones, Albert Lee, Daniel Morey and Warren Osborne. These gentlemen were on a prospecting tour from Albert Lea, Freeborn County, with the intention of locating at Sioux Falls. They learned on their trip that Sioux Falls was occupied by the military, and was unsafe, and unwilling to abandon their enterprise, came into Yankton and Bon Homme counties. As a result of their umpremediated visit they each took upland, and McIntyre, Jones and Lee purchased a sawmill in Smutty Bear's Bottom, and then returned to Minnesota to arrange their business affairs. In the early spring of 1867, accom- panied by their wives and children, they journeyed across the plains and reached the Missouri Valley in May, making a permanent settlement in Yankton and Bon Homme counties. These were accompanied, and also followed by other families, and though not as numerous as the New York colony of 1864, their numbers, intelligence and energy were sufficient to win for them the title of the Minnesota Colony, though nearly all could claim their native heath in the eastern states, having emigrated at an early day to Minnesota. Mr. Mcintyre was a man of exceptional merit and enterprise, and left his mark in many commendable works during his residence in the territory. He, however, found greater induce- ments in Colorado, and in 1874 settled in that territory, where he still resides.

The general topics of greatest interest in the territory in 1866 were the sub- jects of railway transportation, and the feud between Congress and the Presi- dent. It was manifest that the surplus products of the Dakota farms, which were expected to increase, would need to seek their market in the East, and a railroad convenient to the farming settlements would be necessary to render the productions of the soil at all profitable ; and also necessary to encourage their production.

THE DAKOTA BAR ORGANIZED

The lawyers of Dakota Territory met at the office of S. L. Spink, the terri- torial secretary, at the capital, on the 5th of December, 1866, and organized an association called the "Bar of Dakota." There were present the venerable llon. John W. Turner, of Clay County, who had sat in the legislative halls of the State of New York as a member ; and George Stickney, of Union County ; Ilon. A. W. Burleigh, Bon Homme County; General J. B. S. Todd, of Todd County; and Enos Statsman, Solomon 1. Spink, William Tripp. George H. Hand, Gideon C. Moody and E. H. Brackett, of Yankton County representing the prac- ticing attorneys; also Chief Justice Ara Bartlett ; AAssociate Justices Jefferson P. Kidder and John W. Boyle, the United States Marshal Laban H. Litchfield. John W. Turner was the nestor of the gathering, and was elected president. The lawyers called him Father Turner. George H. Hand was elected secretary. A committee on permanent organization, composed of J. B. S. Todd, J. W. Turner and William Tripp were appointed. It was then decided to have a bar supper at the Ash Hotel, on the following evening. and G. C. Moody, George Stickney and E. H. Brackett, were appointed a committee to make arrangements for that gastronomie event ; whereupon a recess was taken until the next even- ing, when the embryonic association would be perfected at the festive board. Thursday evening the lawyers again assembled, in accordance with the terms of the recess, at the Ash Hotel, when the committee on permanent organization reported recommending for permanent officers: J. W. Turner, for president : J. B. S. Todd, for vice president ; and George Il. lland. for secretary. The report was adopted by a unanimous vote. The feast followed, and proved to

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be such a delicious repast that a resolution of appreciation and thanks was tendered the Ash Hotel, for the superior excellence of the viands furnished. Next in order were the toasts wherein the bar took occasion to appropriate to itself all the credit for supplying mankind with all the elements of material and intellectual progress, regardless of cost, and frequently gratuitously. The judges were extolled for their erudition, and the bench was declared to be the strong tower of constitutional liberty; the great mass of the people were not overlooked, as they furnished the field from which the profession drew its clients ; vox populi drew out a unanimous commendation of "hear, hear," the welfare of the masses was reflected in those glowing orbs of progress and civil- ization, the church, the common school, and the temple of justice, and while peace, good will and prosperity were invoked for all mankind, it was advised that whenever in doubt they should employ a lawyer! The speeches were not all facetious, nor were any entirely devoted to that entertaining style of oratory, but abounded in excellent sentiment and sound principle. Delegate Burleigh concluded the formal speech-making exercises with a most excellent address, complimenting the fraternity warmly. He spoke touchingly of his leave-taking on the following day, when he was to start for Washington, to resume his official duties. Five counties were represented at this first meeting and organization of the bar of Dakota Territory, and all but three of the practicing attorneys of the territory were present, namely, Hon. W. W. Brookings, of Yankton, and Capt. Nelson Miner and John L. Jolley, of Clay. George P. Waldron, Samuel A. Bent- ley, Charles H. McCarthy and Gov. A. J. Faulk were subsequently admitted to practice and became members of the association.

The second annual bar meeting of the members of the Dakota bar was held at the office of Secretary Spink, in Yankton, on Wednesday, December 11, 1867. Jolin W. Turner, of Clay County, presided. A resolution was adopted at this meeting requesting the judges of the Supreme Court to change the time of hold- ing the annual term. A committee was appointed, consisting of Messrs. Moody, Brackett and Stutsman, to draft rules of practice for the Supreme Court, the report to be submitted to the judges for their approval. Officers of the associa- tion for the ensuing year were elected, namely: President, William Tripp; vice president, Nelson Miner ; secretary, John L. Jolley ; treasurer, S. L. Spink. There were present Judges Ara Bartlett, chief justice ; Jefferson P. Kidder, associate justice, Vermillion; William E. Gleason, associate justice, Bon Homme ; Attor- neys William Tripp, G. C. Moody, George N. Propper, S. L. Spink and George P. Waldron, of Yankton County : Nelson Miner and John L. Jolley, of Clay County ; Enos Stutsman, of Pembina County ; John W. Turner, of Clay County, and John Currier, of Sioux City. Absent were Messrs. W. W. Brookings, George H. Hand and E. H. Brackett, of Yankton, and George Stickney, of Union. A number of brief addresses were made, and the banquet at the International Hotel (formerly the Ash Hotel) closed the annual exercises. The list of names given is supposed to include all the practicing lawyers in the territory.

A. J. FAULK, GOVERNOR

Andrew J. Faulk, of Kittanning, Pennsylvania, the newly appointed governor of Dakota Territory, reached the capital of the territory on Monday, September 3d, 1866, and took possession of the executive department, relieving Governor Edmunds. Mr. Faulk had been engaged for a number of years in the publication of the Armstrong County Democrat, a republican newspaper, however, which he relinquished on coming to Dakota. He was not a stranger to the territory, having removed here in 1861, with his son-in-law, Dr. Burleigh, and held the position of clerk at the Yankton agency during that and the following year. He had brought his family to the territory at that time, intending to make his home here; but the Indian troubles grew so threatening in 1862 as to excite his fears for their safety, and he returned with them to Pennsylvania in the autumn of 1862.

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ANDREW J. FAULK Governor of Dakota Territory from September, 1866, to May, 1869

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At the time this change was made, the eruption between President Johnson and Congress had occasioned a serious and permanent split in the republican party, which was sufficiently shown in the convention held in Philadelphia, where the proposed new governor appeared as a delegate. Governor Edmunds was sup- posed to favor the congressional side, while his successor was an open advocate of the Johnson policy, which had been so earnestly espoused by Delegate Burleigh.

A Thanksgiving proclamation was issued by the governor, October 31, 1866, as follows :

Agreeably to established usage in this territory and also in accordance with the proclamation of the President of the United States, I, Andrew J. Faulk, governor of Dakota Territory, do hereby recommend that Thursday, the 29th day of November next, be set apart to be observed by the people of said territory as a day of thanksgiving and praise for the many and peculiar blessings which the Great Ruler of Nations has bestowed upon us in the year that is past. As a territory we should in solemn assemblies call to remembrance that we have in a great measure been relieved from the horrors of savage warfare, and have been favored in an unusual degree with the blessings of health and abundant crops, while signs of prosperity and increase are visible everywhere within our borders. As a part of the United States we have reason to remember the many blessings enjoyed by us as a nation during the same period, to offer up devout thanks and praise for the same, and also to implore the "Almighty" to grant to our national councils and to our whole people that divine wisdom which alone can lead any nation into the ways of all good.

Given under my hand and the great seal of the Territory of Dakota, at Yankton, the 31st day of October, A. D. 1866.

Attest :

S. L. SPINK, Secretary.

A. J. FAULK, Governor.

Vol. 1-29

CHAPTER XL THE SIXTH SESSION OF THE LEGISLATURE 1866-67

SIXTH SESSION OF THE LEGISLATIVE ASSEMBLY-GENERAL TODD ELECTED SPEAKER- JOIINSON PARTY IN CONTROL-GOVERNOR FAULK'S FIRST MESSAGE-SUGGESTS EF- FORTS TO INDUCE IMMIGRATION-GOVERNMENT WAGON ROADS-FORT JAMES ABANDONED AND RE-GARRISONED-LOCATION OF THE SANTEE INDIANS A MENACE -PUBLIC LANDS IN MARKET-PROGRESS OF RAILROADS TOWARDS DAKOTA-REPORT OF SUPERINTENDENT OF PUBLIC INSTRUCTION JAMES S. FOSTER-CONDITION OF THE COMMON SCHOOLS-PER CAPITA TAX COLLECTED-COUNTIES OF PEMBINA AND LARAMIE DEFINED-NEGRO SUFFRAGE BILL PASSED-CONGRESS PROHIBITS SPECIAL LEGISLATION-SEVEN MILITIA COMPANIES ORGANIZED AND ARMED PREPARING FOR PRESIDENTIAL CAMPAIGN OF 1868-REPORT OF TERRITORIAL TREASURER-ENOS STUTSMAN, THE PIONEER AND LEADER-PREIIISTORIC RUINS AT FORT THOMPSON-FIRST TEACIIERS' INSTITUTE-TIIE BLACK HILLS-THE DAKOTA REPUBLICAN-ALASKA PURCHASED CUTTING TIMBER ON GOVERNMENT LAND- AN UNPRODUCTIVE APPROPRIATION FOR A PENITENTIARY.

The sixth session of the Legislative Assembly of Dakota Territory con- vened at the capitol building at Yankton, on Monday, December 3, 1866. There had been a great political upheaval throughout the United States during the past year, brought about by the serious schism between President Johnson and Congress on the question of reconstruction, and while Congress was strongly sustained by a great majority of the northern states, Dakota had given a victory to the coalesced Johnson republicans and democrats, which was reflected in the democratic majority that composed this Legislature, or at least the lower house, as the Senate or Council had been chosen in 1865.

The newly organized republican party, headed by Mr. Brookings, nominated candidates in the various counties, but with the exception of M. U. Hoyt, of Yankton County, and four of the Clay County members-Messrs. Austin, Hodgin, Trumbo and Hanson-none of their nominees were chosen. As a matter of fact, the former national union organization that had supported Jayne in 1862 and elected Burleigh in 1864, had been taken over by the democratic party and the Johnson republicans, and afterwards became the democratic organization of the territory, brought about by the convention's selecting central committees com- posed largely of democrats.

The members of the Ilouse of Representatives were called to order by George I. Foster, chief clerk at the last session, who called the roll, when the following members answered to their names :

Union County, I. T. Gore, Eli B. Wixson, Michael Curry, William Gray, Vincent LaBelle, N. C. Stevens and George W. Kellogg; Clay County, H. J. Austin, Daniel Hodgin, John Trumbo. Amon Hanson and Hans Gunderson : Yankton County, II. C. Ash, W. N. Collamer, M. U. Hoyt, D. T. Bramble and Thomas Frick; Bon Homme County, Hugh S. Fraley and R. M. Johnson : Charles Mix County, William Stevens and Kerwin Wilson; Todd County, J. B. S. Todd and Charles H. McCarthy.

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Judge Jefferson P. Kidder then administered the usual oath to the members; a prayer was offered by the Rev. C. W. Batchelder, pastor of the Methodist Episcopal Church, and the House then organized by the election of the following officers : J. B. S. Todd, speaker; Franklin Wixson, Yankton, chief clerk; Daniel Mowery, assistant clerk; John Stanage, Yankton County, sergeant-at-arms ; Christian Lewison, Union County, messenger; George Rounds, Bon Homme County, fireman, and Rev. C. W. Batchelder, Yankton, chaplain.

General Todd, the speaker-elect, upon taking the chair, spoke as follows :

Gentlemen of the House of Representatives :- I return you my thanks for the honor you have done me in calling me to preside over the deliberations of this branch of the Legislature during its present session. Honors of this character are always gratifying, but when conferred by the unanimous voice of my colleagues, representing the various interests of our territory, I am more deeply impressed with the high and flattering compliment. In accepting the position of presiding officer of this house, I shall endeavor to discharge its duties with zeal, fidelity, kindness and impartiality. In a spirit of harmony, which I trust will animate each of us, I ask your forbearance and aid, which I feel so sensibly I shall require. 1 again return you my profound acknowledgments.

The customary special committees to draft rules, to notify the Council of the House organization, to notify the governor, were then appointed, and the House then, by request of the Council committee, fixed the hour of 2 o'clock P. M. the following day as the time for meeting in joint convention to receive the gov- ernor's message. The House then adjourned until that hour.

The members of the Council, having been elected in 1865 for two years, the body was mainly made up of the members of the previous session. Three seats had changed incumbents. Enos Stutsman had resigned from Yankton County, and A. G. Fuller had been elected his successor; George Stickney, of Union County, had resigned, and Charles LaBreche had been elected to fill the vacancy ; and J. Shaw Gregory had resigned from Todd County, and Jonathan A. Lewis had been elected in his stead.

The roll of members was called by Hon. S. L. Spink, secretary, and the fol- lowing councilmen responded :

First District (Union and Lincoln counties), Charles LaBreche, O. F. Stevens and D. M. Mills; Second District (Clay and Minnehaha), John W. Turner. Canute Weeks and N. V. Ross ; Third District ( Yankton and Jayne), M. K. Arm- strong, A. G. Fuller, A. VanOsdel and George W. Kingsbury; Fourth District (Bon Homme and Ihutchinson), Austin Cole; Fifth District ( Charles Mix and Buffalo), John J. Thompson; Sixth District (Todd and Gregory), Jonathan A. Lewis.

Chief Justice Ara Bartlett administered the customary oath to the new members.

Councilman Ross was then elected temporary president, and Councilman Kingsbury temporary secretary, whereupon the Council permanently organized by eleeting the following officers : M. K. Armstrong, president ; Byron M. Smith, Yankton, secretary; Henry Brooks, Bon Homme, assistant secretary; George W. Smith, Yankton, sergeant-at-arms; Patrick Brown, Union, fireman; Michael McGue, Charles Mix, messenger ; Rev. Melancthon Hoyt, chaplain.

The president-elect, on taking his chair, spoke as follows :

Gentlemen of the Council :- It is proper that I should express to you my thanks for so unanimously appointing me to preside over the deliberations of this branch of the legislative assembly. I accept it, gentlemen, as an honor unsought and uncoveted on my own part. fully realizing the many difficulties and embarrassments that will beset me in the discharge of the delicate and responsible duties of the office. Relying upon your hearty cooperation and unprejudiced judgment, and hoping that our deliberations may be conducted with harmony and fairness in all matters, local and political, for the public good. I am now ready to proceed with you to the transaction of the business of the council.

Mr. L. W. Case was then elected enrolling and engrossing clerk of the Council.

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Committees were appointed on rules, to notify the House and governor of the organization, and asking the House to name a time for the joint convention, whereupon the Council adjourned to 2 o'clock P. M. the following day.

The second day of the legislative session was devoted to the appointment of standing committees in both houses, and the joint convention which was held in the hall of the House at 2 o'clock in the afternoon, when Governor Faulk deliv- ered his first message to the Legislature, in person, as follows :

GOVERNOR'S MESSAGE

Gentlemen of the Council and House of Representatives :- The duty of delivering my first annual message is devolved upon me at an auspicious period. After nearly four years of war 1 am able to announce an apparent and, I trust, more than temporary cessation of hostilities with the Indians of our northern frontier. After a war which has sadly retarded the prosperity of Dakota, and caused a heavy expenditure of public money, the hostile bands have been humbled, commissioners appointed by the Government have met them ill council, and treaties of peace have been effected. But time alone can prove the efficacy of these treaties in the reestablishment of friendly relations. I confess I have not a great amount of confidence in these restless, ignorant and treacherous bands, whose cruelty and perfidy we have already experienced, and who have kept our territory in a state of continual alarm for so long a period. It is our duty to offer up thanks to Almighty God for the return of peace, for general health, and for the abundant crops which have rewarded the toils of the husbandman. If this favorable state of things should continue for a reasonable period, we may confidently look forward to a state of prosperity unexampled in our history.

IMMIGRATION .- It would be well if you could find time to mature and put into practical operation some such measures as, in your wisdom, may be best calculated to encourage and promote the rapid settlement of our territory. We claim to have inducements to immigra- tion within our own borders not inferior to those of any other territory. We believe that Providence has lavished upon us natural advantages, which, if carefully improved by us, would in a short period lay the foundations of a great and flourishing commonwealth. Let us cooperate in this noble enterprise, and at an early day another star will be added to that galaxy which is now the wonder and admiration of foreign nations, and the hope of the oppressed throughout the whole earth. Too much cannot be said in favor of the salubrity of our climate or the fertility of our soil. With the great Missouri River and its ever increasing trade; with numberless streams flowing through wild but nutritious grasses; with the wonderful water power of the Big Sioux, it cannot be long until these natural advantages must attract the attention of capitalists, or until our territory is dotted over with farms groaning with their abundant crops-a garden of fruitfulness, and the abode of a large and growing population. The improvements in farming machinery which almost dis- pense with human aid could nowhere be more advantageously applied than here. Here, labor, capital and skill may safely be invested with a fair promise of ample remuneration. And the Black Hills, with their inexhaustible forests of pine timber, and their shining auriferous deposits, will yet attract thousands of adventurers and emigrants to cast their lot among us; thus eventually building up towns and cities where now the wild natives of the forest alone disturb the deep solitude of nature as they seek their precarious food. It would extend this message beyond a reasonable length were I to dwell more minutely on the various resources of the territory. If deemed of sufficient importance, this might possibly, with more propriety, come from some committee of the Council or House of Representatives. I would suggest, however, that strong efforts be made to secure ample military protection to emigrants who may wish to locate around the Black Hills. The Government is already committed to the construction of the Big Sioux and Fort Randall wagon road, the Sioux City and Big Cheyenne wagon road, which must necessarily be protected. And the only way to do it effectually, judging by past experience, is by establishing military posts along the route of this road; at least that portion of it now occupied by certain nomadic bands of Indians, who, it is well known, will dispute our right to occupy any portion of the country in the vicinity of the Black Hills. It is true the effort made by the Legislature oi Dakota last year was not successful, not having met the approbation of General Sherman, who was then in command of this military district as will be seen by reference to his official correspondence dated St. Louis, January 13, 1866, a copy of which is on file in the executive office. His opposition was founded chiefly on grounds which do not operate now. One reason was that Congress had not determined and fixed the military establishment, and therefore he could not know what specific troops he was to have under his command. This objection being now removed out of the way, would it not be well to repeat the memorial, the probabilities of success being much increased since that time? Notwithstanding the gen- eral's refusal, he ventures the opinion in the same correspondence that the military arm of the Government "should encourage actual, bona fide, settlements westward as far as the land will yield corn and grasses." Now this is all we ask. The explorations of Lieut. G. K. Warren, Prof. F. V. Hayden and many others have already established the proof beyond cavil that the valleys adjacent to the Black Hills are admirably adapted, in soil and climate, to agricultural pursuits; that grass of luxuriant growth is found in abundance and of a good quality ; while pine and other timber suitable for building materials, for lumber

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and fuel, together with stone and lime, abound without limit. If this be true, it meets the condition on which the military are willing to encourage the actual settlement and cultiva- tion of the Government lands in the West, and the military establishment having been fixed by the last Congress, it would seem that no further obstruction is now in the way and that we have only to renew our efforts to obtain the object so much desired.

GOVERNMENT WAGON ROADS .- I am gratified to be able to inform you that the Govern- ment road known as the Sioux City and Big Cheyenne wagon road, under the management of the present economical and energetic superintendent, will soon be completed as far as Fort Randall, beyond which an additional appropriation will be necessary if the original project should be carried out. The chief outlay heretofore has been in bridging the Big Sioux, Vermillion and James rivers, which work is making encouraging progress. The superintendent informs me that the bridge over the Big Sioux will be completed before the close of December, that over the Vermillion in January and that over the James in the early part of the ensuing spring. That portion between Yankton and Sioux City is already completed so far as laying out, grading and bridging are concerned, with the exceptions 1 have named. The proper termination of this road is Virginia City, Montana, and all the information I have thus far obtained goes to show that the country through which it is to be located is highly favorable for its construction. When this road is once completed- having by this means shortened the distance to the gold mines of Montana and Idaho some 600 miles over the present most available route, viz., by way of Omaha, Fort Laramie and Salt Lake City, we may have every reason to expect that a rapid increase of travel through the settled portions of our territory will be the result. This improvement will, in my opinion have the effect of enlarging the avenues of trade and encouraging the settlement of a country rich in natural resources, which only needs to be properly known and protected from Indian depredations, to draw to that portion of the territory actual settlers, and induce the rapid investment of capital and labor among us. The act of Congress providing for the opening of this road also contemplates the opening of two other roads, but I apprehend of secondary importance to us as a territory. The one known as the Niobrara road commences at Niobrara, Nebraska Territory, thence up the valley of the Niobrarah River and through the southern portion of this territory to Virginia City. Whether the almost interminable sands and other obstacles to be encountered on this route will not render this enterprise impracticable must be left to future explorations and developments to determine. The opinion of Doctor Hayden, an eminent and learned traveler, who has made repeated scientific researches of this territory, has been very emphatically given to the people of this territory against the practicability of this route.

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History of Dakota Territory, volume I, Part 78

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