History of Dakota Territory, volume I, Part 80

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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All of which is respectfully submitted.

JAMES S. FOSTER, Superintendent of Public Instruction.

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Councilman Fuller presented a bill to incorporate the City of Yankton. It passed the Council, but was defeated in the House. An act was passed author- izing the assessment and collection of a tax for the purpose of completing the schoolhouse in District No. 1, Yankton. This was the first Yankton schoolhouse located on what has since been taken as the site for the postoffice, and had been built by private subscription, but needed a number of improvements, and had been taken over by School District No. I. Laws were also passed defining the boun- daries and authorizing the organization of the County of Pembina, on Red River ; and also the County of Laramie (now the State of Wyoming), which in 1866 and later was a part of Dakota.

A bill to provide for the organization of county agricultural societies became a law : also an act to incorporate the Dakota & Northwestern Railroad Company, and the Minnesota & Missouri River Railroad Company. A township govern- ment law for Union County alone was enacted; and a law for the removal of county seats by vote of the people. General Todd, speaker of the House and founder of Yankton, introduced a bill to remove the capital from Yankton to Vermillion, and succeeded in getting it through the House on the thirty-seventh day. When it appeared in the Council it was discovered that it had no enacting clause, and the committee to whom it was referred reported that the author of the measure was actuated by other motives than a desire to secure its passage, which report was sustained by the unanimous vote of the Council, save one of the Vermillion members, Mr. Weeks. The bill was rejected. There were more memorials to Congress and other authorities passed than at any previous sessions. They covered the whole ground of territorial roads, including a capitol building, the geological survey, the opening of the Black Hills, the construction of wagon roads and bridges, the new mail routes and increase of mail facilities on routes already established, the regarrisoning of Fort James near Rockport, and praying for military protection from the Indians who were hostile in many quarters and who had recently committed an atrocious massacre at Fort Fetterman. A num- ber of amendments were made to existing laws, but there was less general legis- lation than had been expected, and this was ascribed to the fact that a large percentage of the House were new members, new to the business, inclined to be suspicious of new laws and very cautious abont voting affirmatively. The act to incorporate Yankton City, and the justices' code, prepared with great care, were both defeated in the House, after passing the Council, because a majority of the members were apprehensive that the bills carried provisions of an obnox- ious character that would blast their political aspirations, should they favor them.

The Legislature adjourned without day on Friday, January 12, 1867.

AMENDING THE ORGANIC ACT

The organic acts of the several territories including Dakota, 1866-67, pro- hibiting the territories from denying the elective franchise to any person on account of race or color. It was known as the "negro suffrage bill," and is here given :

An Act to Regulate the Elective Franchise in the Territories of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That from and after the passage of this act there shall be no denial of the elective franchise in any of the territories of the United States, now, or hereafter to be organized, to any citizen thereof, on account of race, color, or previous condition of servitude; and all acts or parts of acts, either of Congress or the legislative assemblies of said territories, inconsistent with the provisions of this act, are hereby declared null and void.

SCHUYLER COLFAX, Speaker of the House of Representatives. LAFAYETTE FOSTER, President of the Senate pro tempore.

The foregoing act was not approved by President Johnson, but was retained by him until after the ten days allowed by the Constitution had expired, and so became a law without his approval, January 24, 1867.

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To prohibit the pernicious legislation which had characterized the enactments of some of the territorial Legislatures, Congress, in 1866, amended the organic law of all the territories, prohibiting the enactment of special laws conferring. corporate powers, but authorized the enactment of a general law for that pur- pose. It also prohibited the Legislatures from granting divorces, leaving that authority with the courts of the territories. The Legislature of Dakota had granted a large number of special charters, and had also dissolved matrimonial ties in a very few instances during the two sessions succeeding the organiza- tion of the territory. During Governor Edmunds' term he had uniformly vetoed all divorce bills.

In January, 1867, Congress passed an act setting aside the net proceeds of internal revenue in the Territory of Dakota for the years 1866, 1867 and 1868 to an amount not exceeding forty thousand dollars for the purpose of erecting a penitentiary in the territory at such place as the Legislative Assembly might designate. The Legislative Assembly had already located the penitentiary at Bon Homme. Four years later Governor Burbank referred to this in his mes- sage to the Legislature, and stated that the treasury department had reported to him that the net proceeds appropriated had proved of no value, the expense of collecting the revenue in Dakota having exceeded the collections.

WAR MATERIAL

About ninety boxes of military goods, arms and ammunition sent by the Federal Government for mounted troops, including small arms, were received at the territorial capital in May, 1867, for the use of the Dakota militia. They were a part of the cargo of the steamboat Antelope (this boat was owned by Payo), and were delivered to Adjt. Gen. James L. Kelley. In April previous, anticipating the arrival of these guns, acting Governor Spink had issued the following proclamation authorizing the organization of militia cavalry com- panies in order to make a general distribution of the equipments when they should be received, and also that the settlers might have wherewith to defend their homes in case of Indian invasion which was a matter of current expec- tation :

TO THE CITIZENS OF DAKOTA TERRITORY

You have already been informed that 1,000 breech loading carbines, 100,000 rounds of ammunition, and 400 cavalry equipments, forwarded from Washington, will soon arrive in the territory. I do not wish to cantse any unnecessary alarm, and there is probably very little danger of an Indian invasion, but it is the part of wise men to be prepared for any emergency. You are earnestly requested to meet in your respective counties at an early day and organize cavalry companies under the militia law of 1862. These companies will elect their officers, who will be commissioned by the governor and receive their arms and equipments. It is hoped at least one company will be formed in Yankton, one in Clay, and one in Union County. This is the only way that the citizens can get possession of these arms.

S. L .. SPINK,

Secretary and Acting Governor.

Under this proclamation, seven cavalry companies were organized and the officers commissioned, to-wit: Bon Homme County. W. A. Burleigh, captain ; Nathan McDaniels, first lieutenant ; Geo. W. Owens, second lieutenant. Clay County, Company B, Nelson Miner, captain; Franklin Denison, first lieutenant ; John I .. Jolley, second lieutenant. Yankton County. Company C, G. A. Mc- Leod, captain; A. M. English, first lieutenant ; Charles B. Wing, second lieti- tenant. Company D. C. W. Batchelder, captain ; H. H. Smith, first lieutenant ; L. H. Brunet, second lieutenant. Todd County, Company E. J. A. Lewis, captain : Fred W. Edgar, first lieutenant ; John C. Collins, second lieutenant. Yankton County, Company F, W. W. Benedict, captain; Columbus G. Irish. first lieutenant ; William Leaning, second lieutenant. Union County. Com- pany G, Harvey Fairchild, captain ; N. J. Wallace, first lieutenant : C. M. Brooks,

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second lieutenant. At the same time the governor commissioned James L. Kelley as adjutant general; David M. Mills, of Union County, quartermaster general; John L. Jolley, of Clay, paymaster general, and John Lawrence, of Yankton aide-de-camp to commander-in-chief, with the rank of colonel.

DISSOLUTION OF PARTNERSHIP BETWEEN DEMOCRATS AND REPUBLICANS

In the political field the sentiment in favor of supporting the Congressional plan of reconstruction had been strengthened in the territory. No delegate to Congress was elected in 1867 but a new legislative body throughout and county officers were chosen, which made the election of much greater local importance than a territorial election. The Yankton County conventions indicate that the partnership between republicans and democrats had terminated and the voters had generally returned to their former party organizations, and this was also the situation throughout the territory.

The democrats of Yankton County met at the schoolhouse September 28th, and elected Austin Cole, chairman and Duane B. Cooley, secretary. This was called a "citizens' convention," and all citizens, regardless of party preferences were invited to participate. Messrs. D. T. Bramble, Franklin Wixson, A. G. Fuller and Washington Reed were nominated for the Legislative Council and C. G. Irish, L. W. Case, Henry Arend, W. N. Collamer and Louis Volin, for the House.

For county commissioners, William Miner, Richard Haggin and James V. Bunker; judge of probate, A. M. English; coroner, Richard Dawson; justices, Thomas Frick, George Pike; constables, Augustus High, Ferdinand Frick. The convention did not adopt a platform.

The republican county committee composed of M. U. Hoyt, chairman, Jacob Brauch and Wm. Neuman called a convention to be held September 21, inviting all who supported the republican plan of reconstruction to participate. G. C. Moody was chairman of this convention and James S. Foster, secretary. On assembling, Mr. Rossteuscher presented a resolution, of which the following is a copy :

Resolved, That we believe the time has now arrived in this county, when all men professing republican principles should act together, and we hereby an- nounce it as our sincere purpose to cultivate friendly feelings among all who are disposed to act heartily with us in fostering the principles which we sustain."

The resolution was adopted.

A Committee on Resolutions was then appointed consisting of F. Bronson, T. W. Brisbine, J. Brauch, C. F. Rossteuscher and G. W. Kingsbury.

The following legislative and county ticket was then nominated :

For the Legislative Council, W. W. Brookings, Chas. H. McIntyre, Chas. F. Rossteuscher, W. W. Benedict. For the House, Torger Nelson, G. C. Moody, M. U. Hoyt, Jacob Brauch, Franklin Bronson. Judge of Probate, Michael Fisher ; county attorney, W. W. Brookings ; county commissioners, Warren Osborne, to fill vacancy of W. E. Root ; Bucklin Wood to fill vacancy of B. M. Smith ; James V. Bunker to fill vacancy of Felix LeBlanc. Warren Osborne was also nominated for the full term. ( The old board had all resigned.) For sheriff, George W. Black ; justices of the peace, A. W. Jameson and Chris Brutred. County central committee. W. W. Brookings, Geo. H. Hand, and Newton Edmunds. The Com- mittee on Resolutions reported the following, which were unanimously adopted :

Resolved, That this convention heartily subscribes to and endorses the reconstruction policy of our national Congress, believing that it is the only true policy by which the present national difficulties can be permanently settled and harmony and fraternal feeling restored among all sections of our country.

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Resolved, That we believe the true interests of our country and the republican party wilt be best subserved by the adoption of the policy of rotation in office; and we hereby declare our purpose to conduct our elections in accordance therewith.

The convention then adjourned.

At the election which was held on Tuesday, October 9th, the republican or congressional party elected a majority of the Legislature. In Union County, the "union" ticket as opposed to the republican ticket, was successful. Clay and Yankton counties were carried by the congressional party. In Bon Homme, Charles Mix, Todd and Gregory there was but one ticket in the field which was divided about equally between the two parties. Red River polled a light vote and elected a non-partisan ticket. Laramie County, now Wyoming, elected two members of the lower House though no apportionment had been made to that section, it having been settled or occupied during the past year by a numerous population, attracted by the building of the Union Pacific Railroad; J. R. White- head and C. D. Turner from different sections of the country had received certifi- cates of election to the Legislature.

The secretary of the territory had received a letter from W. L. Kuykendall, who had been appointed one of the county commissioners of Laramie County under the organization authorized by the Legislature of 1866-67, stating that at a recent charter election held at Cheyenne City 350 votes were polled. The writer stated further that at a general election to be held in October, the vote of the county would be from one thousand five hundred to two thousand. This county embraced a large portion of the future Territory of Wyoming, a bill for the or- ganization of which was then pending before Congress, which had, when the Territory of Montana was cut off from Dakota, been attached to this territory. The building of the Union Pacific Railway through that region, which was then in progress, had given employment to a thousand men, and emigration had been flowing that way for months, until its male population of voting age exceeded the entire vote of Dakota in the Missouri and Red River valleys.

The year 1868 would be a presidential election year, and it was very well understood in 1867 that Gen. Ulysses S. Grant would be the candidate of the re- publican party. General Grant had achieved great fame as the successful com- mander who had brought the war of the Rebellion to a close and had compelled General Lee, the chieftain of the Confederate armies, to surrender at Appomattox, and it was manifest that the people of the country were determined to choose him for President to succeed President Johnson. The Dakota republicans unani- mously shared in this sentiment and a territorial Grant Club was organized in December, 1867, with headquarters at the capital. W. W. Brookings was elected president of the club; C. H. McIntyre, Yankton County; Thomas C. Watson, Union County ; H. J. Austin, Clay County ; John W. Owens, Bon Homme County ; J. R. Hanson, Charles Mix County ; J. A. Potter, Todd County ; Benjamin Hill, Lincoln County and John Nelson, Minnehaha, vice president; John 1 .. Jolley, Clay County, secretary; Win. Blair, Union County, first assistant secretary ; Jas. S. Foster, Yankton, second assistant secretary ; Newton Edmunds, treasurer. The vice presidents were authorized to organize county clubs in their respective counties. Minnehaha and Lincoln counties were not organized until 1868.

FIRST TEACHERS' INSTITUTE

The first Territorial Teachers' Institute to be held in Dakota Territory was held in Elk Point, Union County, on Friday, November 10, 1867, under the imme- diate supervision of Hon. James S. Foster, territorial superintendent of public instruction, and continued all the week. The superintendent was very well sat- isfied with the affair. Three of the organized counties were represented, Union, Clay and Yankton ; Bon Homme and Charles Mix did not respond. The teachers present (there were five) had never before attended a school of instruction of

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the kind but were pleased with its methods and heartily approved of it. Since that day the Teachers' Institute has been recognized as indispensable and is now provided for and maintained by law. This institute was called by Darwin Phil- lips, superintendent of schools, Union County ; M. S. Burr, superintendent of Clay County ; and A. G. Fuller, superintendent of Yankton County. Miss An- nette Bronson and Miss Lulu Waldron were present from Yankton County as teachers ; and Mrs. Jennie Wood and Miss Maulin from Union County ; and Miss Annie Brewyer from Clay. Addresses were made by S. L. Spink, W. W. Brook- ings, E. C. Collins and Rev. Thomas Stewart and James S. Foster; but the proceedings were not published.

Its projectors seemed to feel that they had not made a sufficient show of numerical strength to justify making their doings public. This spirit prevailed quite generally, not only in educational affairs, but in church and political mat- ters, where a half dozen or thereabouts would be the maximum of attendance, and though a convention would be held and an organization of some kind pro- jected and possibly effected, that grew in numbers later, the small or meagre attendance was viewed as an element of weakness that would retard rather than promote the purpose of the gathering, hence no publicity was given to it. Pro- fessor Foster, who was superintendent of public instruction was an experienced educator from Central New York who came in to Dakota as the leader of the New York Colony, in 1864, and he was not discouraged by the paucity of num- bers who attended this first session. He knew that the institute would grow in interest and value and continued it during his control of the common schools. It was thereafter made a permanent feature of educational work in the territory.

FIRST TREASURER'S REPORT

The first report made by a treasurer of Dakota Territory was that of M. K. Armstrong, who had been elected to the office in 1866. The report was made about the 15th of June, 1867, Mr. Armstrong being about to depart upon his Red River surveying expedition and he desired to place the condition of the office be- fore the people in case he should from any cause fail to return and assume his official duties. There was no law authorizing him to appoint a deputy and he therefore deposited the territorial funds with Mr. Spink, the territorial secretary. Mr. Armstrong reported that since January 1, 1867, the date of his assuming the office, the receipts and disbursements had been as follows :

Received from I. T. Gore, territorial treasurer, January I. $ 60.00

Received from A. G. Fuller, treasurer Yankton County, June 7. 154.00

Received from Wm. Searl. treasurer Union County, February I. 92.50

Received from Ole Bottolfson, treasurer Clay County, January 5 49.82

Total receipts $356.32

Disbursements to parties holding territorial warrants, ten in number

Balance

Which balance was deposited with the territorial secretary who was requested to pay warrants and receive funds.

Mr. I. T. Gore, of Union County, preceded Mr. Armstrong as treasurer but made no written report. He was elected to the Legislature of 1866-7, and during the session made a verbal statement of the condition of the treasurer's office. Prior to Mr. Gore's term, 1865-6, the territorial treasurer had neither received or disbursed any funds. It will be observed that the financial machinery of county government was in operation in only three counties in 1867. Bon Homme, Charles Mix and Todd counties were the only other organized counties that contained settlements, but their officers had taken no steps to assess property or collect taxes.

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COURTS AND PERSONALS

Alaska-Alaska was purchased by the United States Government from Rus- sia, in 1867; the treaty was ratified in April. The price paid was $7,000,000. Next to the louisiana Purchase it was the most important addition to its area that the United States Government had ever made.

At the United States District Court held at Vermillion in October, 1867, there were eight criminal cases on the docket of parties charged with cutting timber on government land. This was a serious offense in the eye of the federal law, but a very general and commendable practice as viewed by the frontier set- tlers who were obliged to have log cabins to shelter their families in. The cases came up for trial and although the testimony was considered ample to convict, the uniform verdict of the jury was "not guilty." After one-half the cases were thus disposed of, the United States attorney, Hon. Geo. Il. Hand moved the court to continue the remainder of the cases, trusting that at the next term of the court he would be able to secure a jury that had not had "some of the pork them- selves." This, however, he was never able to do, and no convictions were had in any of the districts unless it was proven that the accused had wantonly cut the timber and notoriously made merchandise of it, in which case a verdict of guilty followed and a good round fine was usually imposed. The farmer settlers who came in after 1866 as a rule went wherever there was timber that no one claimed and helped themselves to house logs and firewood, and were seldom disturbed. It was necessary that they should have this material and "necessity knows no law."

Hon. Enos Stutsman, one of the earliest and most prominent of the Southern Dakota pioneers, received an appointment in February, 1866, as special treasury agent for Dakota and Montana. His principal duties were to prevent and detect smuggling from the British possessions into the United States, an illicit traffic that according to reports had grown to be quite extensive and profitable along the Dakota border. This was the beginning of the end of Mr. Stutsman's resi- dence in the southern part of the territory. He was one of the pioneers of 1858, the first lawyer, and had taken an active part in every enterprise that promised to promote the welfare of the people. It might be claimed with fairness that he was the most influential of the class known as private citizens, then in the ter- ritory. He had been a member of the Upper House of the Legislature from the beginning, and was required to resign his seat when he accepted the special agency. It is probable that he could have had the best elective office in the territory had he been disposed to seek it.

Mr. Thornton W. Brisbine, accompanied by his son Harvey, reached Yankton on the Ist of May, 1867, and began business a few weeks later by opening a clothing store in the log structure on Broadway, next door north of Parmer's dry goods house, which was on the northeast corner of Third Street and Broadway. The building occupied by Mr. Brisbine had been formerly used by Thomas Pow- ers as a general store, the same Thomas Powers who was elected one of the United States senators from the State of Montana in 1889. Mr. Brisbine and his son had both been in the federal army during the Rebellion. During the year the elder Brisbine took a homestead out on the Bon Homme Road, about two miles from town and built a fine farm house and substantial out-buildings. In July. 1868, his family joined him and settled on the homestead. While Mr. Brisbine was subsequently honored by his fellow citizens with frequent evidences of their favor in the way of public office, his distinguishing credit mark is de- rived from his being the parent of the most numerous family that had emigrated to the territory up to that time. His family consisted of his wife, Mrs. Mary A. Brisbine and nine children, the eldest of them being Harvey . J., who was about twenty-five years of age. Then followed John Milton ; William Albert; Sarah A .; Thomas Moore; Frank Raymond; Hiram E .; and Ada B. Harvey mar- ried a Wisconsin lady, Miss Drummond, in 1868 and removed to Yankton, living

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for a time at the homestead, making a family of twelve under that patriarchal roof. Mr. Brisbine's daughter became the wife of Benjamin Ash, in later years, and now resides in Western South Dakota.

HIon. Franklin Taylor, of Clay County, was appointed by William Shriner, collector, the deputy collector for Dakota Territory of Internal Revenue, in No- vember, 1866.

VIEW OF YANKTON IN OCTOBER, 1866

CHAPTER XLI THE SEVENTH SESSION OF THE LEGISLATURE 1867-68

LEGISLATURE OF 1867-68-PARTY HONORS QUITE EQUALLY DIVIDED-MESSAGE OF THE GOVERNOR-AGRICULTURE THE MOST IMPORTANT OF INDUSTRIES-RAILROADS NEEDED, LAND GRANTS WILL NOT BE DENIED-LARAMIE COUNTY AND THE UNION PACIFIC-WESTERN DAKOTA AND THE INDIAN POLICY-REPORT OF SUPERIN- TENDENT OF PUBLIC INSTRUCTION-COUNTY SCHOOL AND INDIAN SCHOOL RE- PORTS-TEACHERS' INSTITUTES-GYMNASTICS, SCHOOL BUILDINGS, AND COUNTY SUPERINTENDENTS-FOUNDING CONGREGATIONAL CHURCH AND THE CATHOLIC ORGANIZATION-ADJUTANT-GENERAL'S REPORT-AUDITOR AND TREASURER'S RE- PORT-LARAMIE COUNTY-LINCOLN COUNTY ORGANIZED-MINNEHAHA COUNTY REORGANIZED-CARTER COUNTY (NOW WYOMING) ORGANIZED.

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History of Dakota Territory, volume I, Part 80

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