History of Dakota Territory, volume I, Part 81

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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The seventh session of the Legislative Assembly of Dakota Territory con- vened at the capitol building in Yankton, on Monday, December 2, 1867, and organized without delay. It was the first that had ever convened where there were no contests to delay or disturb the organization.

The members of the Council were: Union County, R. R. Green, G. W. Kel- logg. David M. Mills; Clay County, H. J. Austin, Aaron Carpenter, A. H. Hampton : Yankton County, Wilmot W. Brookings, Charles F. Rossteuscher, Charles H. Mcintyre, W. W. Benedict; Bon Homme County, Hugh Fraley ; Charles Mix County, Dr. R. I. Thomas; Todd County, Jonathan A. Lewis; Pembina County, not represented.

After the customary ceremony of taking the oath of office by the members, calling the roll of members-elect, and a prayer for divine guidance, the follow- ing officers were elected: President, Horace J. Austin, Clay County ; secretary, George I. Foster, Yankton County ; assistant secretary, Lucien O'Brien, Clay County ; sergeant-at-arms, T. M. Bryan, Union County : messenger, W. E. Root, Yankton County ; fireman, Antoine Bruniche, Clay County ; chaplain, Rev. C. W. Batchelder, Yankton County.

Dr. Thomas then escorted the president-elect to the platform, and before taking the chair, Mr. Austin said :

Gentlemen of the Council :- The confiding kindness and partiality you have been pleased to manifest in my behalf on this occasion is accepted with mingled feelings of gratitude and anxiety. I am not unmindful of the many arduous and responsible duties which appertain to the position I am called to occupy, but having full confidence in your kindness and cooperation, I shall enter upon the discharge of the responsible duties you have conferred upon me with a determination to act with impartiality towards all, hoping that all we may do here will redound to the present and permanent prosperity of our territory. Again permit me to thank you for your kindness.

The House was called to order by Franklin Wixson, chief clerk of the sixth session, who called the roll of members-elect, as follows :

First District. Union County, I. T. Gore, Thomas C. Watson, Caleb Cum- mings, William Blair, Michael Curry, Michael Ryan, Martin V. Ferris; Second Vol. 1-30

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District, Clay County, Jolin L. Jolley, Calvin B. Shaw, Anson Hanson, J. D. Tucker, William Brady and Hans Gunderson; Third District, Yankton County, Gideon C. Moody, Melancthon U. Hoyt, Jacob Brauch, Torger Nelson and Franklin Bronson ; Fourth District, Bon Homme County, Jonathan Brown and James Keegan; Fifth District, Charles Mix County, Franklin J. Dewitt and Felicia Fallas ; Sixth District, Buffalo County, John J. Thompson ; Todd County, J. Shaw Gregory; Pembina County, Enos Stutsman; Laramie County, not represented in the organization.

Prayer was then offered by Rev. M. S. Woodruff, of Yankton. Chief Justice Bartlett then administered the oath of office and the House then proceeded to a permanent organization.

Mr. Moody nominated John L. Jolley, of Clay County, for speaker, and Mr. Dewitt nominated Enos Stutsman, of Pembina. The vote being taken resulted : Twelve for Stutsman, and ten for Jolley, as follows. For Mr. Stutsman : Messrs. Blair, Brown, Cummings, Curry, Dewitt, Fallas, Ferris. Gore, Keegan, Ryan, Thomas and Watson. For Mr. Jolley : Messrs. Brady, Bronson, Brauch, Gtinderson, Hanson, Hoyt, Moody, Nelson, Shaw and Tucker.

The speaker-elect was then escorted to the chair, and spoke as follows :

Gentlemen of the House of Representatives :- In selecting me to preside over your deliberations, you have conferred upon me an honor as unmerited as it has been un- solicited. and I accept the responsible trust with many misgivings, feeling as I do that there are gentlemen on this floor who possess a fitness for the position which I can only strive to emulate. But as you have seen fit to place me in the chair, I will endeavor to discharge the duties thereby imposed to the very best of my ability, and as patiently and as impartially as it is possible for one of my impulsive temperament. This I can promise, and nothing more, and in conclusion I beg you to accept my thanks for this unexpected manifestation of your generous confidence.

The oath of office was then administered to the speaker by Chief Justice Bartlett and the following persons were then duly elected to the subordinate offices of the House of Representatives: Chief clerk, Pack H. Halnan, Bon Homme County ; assistant clerk, Silas W. Kidder, Clay County ; sergeant-at- arms, R. A. Wall, Charles Mix County ; messenger, Joseph Reandeati, Union County ; fireman, Israel Bruette, Union County; chaplain, Rev. M. S. Wood- ruff, Yankton County.

The joint convention for the purpose of receiving the governor's message was held in the hall of the House at 2 o'clock P. M. on the second day of the session.

GOVERNOR'S MESSAGE

On this occasion the governor appeared, accompanied by the secretary of the territory and the justices of the Supreme Court, and delivered his anntial message, as follows :

Gentlemen of the Council and House of Representatives :- After the lapse of a year you have again met to discharge the duties imposed upon you by the organic act. Our first duty should be to give expression to our feelings of gratitude to the Giver of all good for the favorable circumstances which surround us. The blessings of health to a degree almost unknown in other parts have been vouchsafed to us during the whole of the past year, while the season of crops has been more than usually favorable. Immigration has added largely to our numbers, and the most favorable evidences of prosperity and increase are springing up everywhere within our borders. I have heretofore expressed unbounded confidence in our natural advantages; in the salubrity of the climate, and the inexhaustible fertility of the soil of Dakota. And others from abroad also are beginning more clearly to realize and appreciate these important truths. Within the past twelve months it has been estimated that the population of the territory has been more than doubled by immigration. A sober, intelligent and industrious people are coming among us, whose influence and capital are being felt in every department of trade and enterprise, adapted to our present condition and wants. From all these auspicious omens we may justly congratulate our- selves; and taking fresh courage from past success, renew and continue the efforts so

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well and effectually made by past executives, legislatures and people for the general prosperity and rapid growth of the territory.

During my unavoidable absence from the territory, embracing about one-third of the past year, the duties of the executive office devolved upon and were discharged by the honorable secretary of the territory, and, I am pleased to say, with that promptness and ability for which his well known legal and practical training so highly quality him.

While it should be our aim to foster and encourage all branches of industry, yet agriculture may be considered the real basis of our future hopes and prosperity. In this department of labor probably rests our best hope of the future, in the pursuit of which we will in time build up a thrifty population, the bone and sinew of our future common- wealth. Millions of acres of the richest grasses and most prolific soil here await the industrious immigrant, almost "without money and without price." Here labor is dignified, and we look with pride upon those of our neighbors who make to themselves homes and fortunes by honest and ennobling toil. llere, on these broad, lovely, and fertile prairies, there is a vast field for industrial development, while there is ample room and work for all, and a bountiful reward for all who do not despise the day of small things, but who, with the cheerful faith, courage and patience of the true pioneer, beginning low down at the bottom of the ladder, ascend its rounds by slow and sure degrees.

It would be well to consider whether there is any way by which you may, by your deliberations, create an increased interest in this branch of industry. Societies might be encouraged, local and territorial, through which agricultural science might be advanced. These would soon become the receptacles of practical knowledge, well calculated to stimu- late enterprise in the importation and improvement of stock, cereals, plants, fruits and everything pertaining to agriculture in all its important ramifications.

The past year has been one of peace with the Indians so far as concerns the settled portions of Eastern and Southern Dakota. In the west, owing chiefly to the hostility of certain Indians to the Powder River wagon road, which to the white race has become a convenient if not indispensable thoroughfare to and from the mining regions of Montana, war has until recently existed, accompanied with its attendant horrors. But the travel and rapidly growing trade on the Missouri River has scarcely met with any opposition what- ever in the past year from this cause, while on the contrary the tribes having their homes in the neighborhood of this stream manifest an increasing anxiety to abandon their nomadic habits and obtain their future subsistence under the guardianship of the Govern- ment by means of pastoral or agricultural pursuits.

Congress, a few years since, appropriated $2,500 to purchase a territorial library for Dakota, in common with other territories. These books arc, of course, the exclusive prop- erty of the territory, and as such under control of the Legislature. I would recommend that an appropriation be made out of the territorial treasury for the purpose of paying some competent person to catalogue these books and for the purpose of printing such catalogue.

ARMS AND ARMORY .- In my last message I called your attention to the importance of providing for the reception and safe keeping of certain Government arms due this territory, and to the propriety of collecting and preserving those already entrusted to our charge, with the view to be thoroughly prepared for our own defense against any apprehended attacks of hostile Indians. Nothing, however, was done by the Legislature to meet the emergency. Since then 1,000 stands of arms, with the necessary fixed ammunition, together with equipments sufficient for 400 cavalry, were received by the adjutant general from the secretary of war on my requisition, a portion of which he has issued out to military companies, which, with a most laudable and patriotic zeal on the part of the citizens of the territory, were promptly organized and officered under the militia law of 1862. The cost of transportation was charged to the public treasury, and but little expense to the territorial treasury was incurred in connection with their delivery. Still a large proportion of the arms and ammunition yet remain on hand, without any suitable provision for their storage or safe keeping. It would be well for you to consider whether, since the Government has dealt toward us with such a liberal hand, you cannot devise some appropriate means by which the remainder can be securely kept for future use, and whether some amendments to the militia law above referred to may not be required to make it more efficient and useful. For further information on this subject I respectfully refer you to the report of the adjutant general. I also refer you to the reports of the territorial auditor, treasurer and superintendent of public instruction for much useful and gratifying information connected with the finances of the territory and with the condition and progress of the public schools.

EDUCATION .- Considering the obstacles to be overcome in a new and sparsely settled country like this-the straitened means of an infant territory-the schools already seem to be in a flourishing condition. The progress made, the good accomplished and in prospect, amply vindicate the wisdom and forecast of the men who, at the session of the first Legislature convened in the spring of 1862, laid the foundation of this system of education. Its beneficent results, to be realized in future years, in a moral. social and politi- cal aspect, can scarcely be foretold or even appreciated. Its impartial effusion of knowledge gives it the preeminence over all older systems, and I apprehend we must adhere to it so long as we base the preservation of our constitutional liberty and free institutions on the intelligence of the masses or sincerely believe in man's capacity for self government. The

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provision made by Congress, and approved March 2, 1861, for the future education of the people of this territory is most ample, and will produce a school fund of infinite value when we have thrown off our present condition and assumed the proud position of a state in the Union. The liberal grant seems to have been inspired by the great example set by our illustrious forefathers in the Congress of 1787, when, on the 20th of May, speaking in reference to the munificent land grants for the Northwestern Territory, they declared : "That religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged."

RAILROADS .- At the last session of the Legislature acts were passed incorporating the Dakota and Northwestern and the Minnesota and Missouri River Railroad companies, the corporators of which have since met and fully organized according to the provisions of the acts named. Interest in regard to these important projected improvements has been considerably awakened during the course of the last year and it may be presumed that Congress will be applied to, at the coming session, for grants of land to aid and encourage the said companies in their construction. Whether or not the Legislature should memorialize Congress in behalf of these grants is a matter for you to decide. It is presumed that we have, in the vast bounds of Dakota, rich and valuable lands enough to fully indemnify capitalists for the investment of their money in these enterprises; and if we sufficiently consider the effect when made upon the future of this territory we will not withhold an expression of sympathy in behalf of such a donation. Congress has given liberally, as well of the public money as the public lands to aid in constructing the great Pacific Railroad across the continent, including its branches. It is, therefore, not to be presumed that land grants will be denied to these roads, which are almost national improvements in point of importance, if the subject is properly brought to their attention. Two important railroads will soon be completed to Sioux City, Iowa; one a branch of the Pacific road to which 1 referred in my last annual message, and the other the Dubuque & Sioux City, which has been leased for twenty years to the Illinois Central. The benefits of these improvements will be rapidly felt beyond their western terminal by the stimulus thus given to immigra- tion, agriculture and all branches of industry in Southern Dakota, and thus will daily add to the already increasing demand for a similar road from Sioux City up the valley of the Mis- souri to Yankton, a distance of sixty-five miles. As our population increases and business expands, cheaper and speedier communication between the West and the East will be demanded; therefore, in pressing this subject upon the attention of the Government and of capitalists we are only anticipating the wants and wishes of the people who are soon to inhabit this territory.

1 have spoken of our contemplated roads as being almost national improvements in point of value. The time is coming when such language will be viewed as timid to a fault, and when the military and commercial wants of the country, east and west, will demand a railroad through the valley of the Missouri, and by way of the Black Hills to Montana and Idaho, and thence to the Pacific states and territories. And capitalists cannot, if they would, ignore the advantages of the route or its influence in developing the rich resources of the country through which it will be located. And the Government cannot, if it would, ignore the fact of its great national advantage in establishing a military road by this route, and by cementing, by ties of mutual interest, the Pacific and Atlantic states.

LARAMIE COUNTY .- Your attention is invited to that large part of Dakota known in our statutes as Laramie County, lying west of the 104th meridian. The extension of the Union Pacific Railroad through the southern portion of this country has given a strong impetus to immigration in this direction and it would be well to consider whether we have it in our power, by legislative enactment, to afford them the benefits of civil protection. Experience demonstrates that our courts, as at present organized and located, at such a remote distance from their settlements, can be of but little service to them in the adminis- tration of justice. The civil cases which will continually arise must be attended to, and crime, which now goes unwhipped of justice, must be punished. We may render aid to the extent of the authority given us under the organic law, but if this is not sufficient in their opinion I know of no good reason why they may not be elothed with all the blessings and protection of a separate organization. The lines embracing the limits of a new territory would most likely be identical with those which now embrace this new county, and I know of no policy of our own counterbalancing the benefits of such an organization to them for opposing such a measure. It is certainly important that the arm of the law should be sufficiently convenient and sufficiently powerful for the protection of life and property, and that the unrestrained and unpunished criminals of that neighborhood may not give rise to an apparent necessity for the citizens in their own names, and without the authority of law, to undertake the administration of justice. Where the territorial courts are located a feeling of security exists. The law is wisely interpreted and promptly applied by an upright, able and faithful judiciary, and we are in duty bound to aid in the extension of these indispensable benefits and blessings to the remotest corners of our ter- ritory. Besides, as regards the friendly Indians in that country, until courts are brought within their immediate reach the trade and intercourse laws of Congress will be a dead letter. Unprincipled white men will with impunity introduce among them spirituous liquors and other unlawful traffic, always demoralizing to the Indian, and dangerous to the peace and safety of the inhabitants.

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Your attention is also invited to the propriety of passing a general incorporation act to meet the growing demands of the territory. By an act of the Thirty-ninth Congress, approved March 2, 1867, it is provided as follows :

"That the legislative assemblies of the several territories of the United States shall not, after the passage of this act, grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together, as bodies corporate, for mining, manufacturing and other industrial pursuits."

Aets granting private charters or special privileges, except for municipal purposes, or in cases where, in the judgment of the Legislature, the objects of the incorporation cannot De obtained under general laws, have, in some of the states, been prohibited by constitutional provision.

WESTERN DAKOTA AND THE INDIAN POLICY .- At the last meeting of the Legislature I suggested the propriety of making an effort to secure military protection to immigrants who might wish to locate around the Black Hills of Dakota. To this the Legislature promptly responded in the form of a memorial to Congress setting forth in a lucid and satisfactory manner, the great natural resources of that country and its vast importance to the future growth and prosperity of this territory ; but I regret to say without being gratified with that success which was hoped for, and which seemed of such vital importance to us as a people. From present indications, the past policy of the Government is undergoing a change in relation to this region; and unless public opinion can be brought to bear on the action of Congress during the coming session, by the action of the Legislature and people of this territory, and if need be by the voice of the whole people of the Missouri Valley, whose business interests are involved, our brightest hopes and expectations heretofore in- dulged in, must fail. I refer to the bill passed and approved at the adjourned session of Congress in July last, appointing a peace commission, whose duty it is, if possible, to establish peace with certain hostile tribes of Indians in the West. Among other duties enjoined on these peace commissioners they are required to examine and select a district of country, having an area sufficient to receive all the tribes east of the Rocky Mountains, not now resid- ing on reservations and at peace with the Government, to which the Government has the right of occupation, or to which the commissioners can obtain the right of occupation; and in which district there shall be sufficient tillable and grazing land to enable the tribes to sup- port themselves by pastoral or agricultural pursuits. Possibly it would be more correct to say that two such districts are in contemplation, one of which is to be in the Northwest and the other in the Southwest. It has been generally understood that the one which concerns tis is to be located within the present boundaries of Dakota, having the Missouri as its boundary line on the east, the Yellowstone on the north, and the Niobrara on the south. The bare statement of the boundaries as above given will be sufficient to satisfy you, I trust, that the proposition, if carried out, must be fatal to our territorial interests. The lignite coal beds of the Bad Lands, the immense forests of pine timber of the Black Hills, together with the precious metals and beds of gypsum, are all west of the Missouri and enclosed within these limits. Tribes of Indians, inured to savage and relentless warfare against the white race since the outbreak in Minnesota in 1862, and until recently engaged in deadly conflict to recover possession of the Powder River road, and along the Platte, will under treaties of peace be brought and located alongside of our present promising settlements ; and the progress of these settlements westward will thenceforward be limited by the boundary of the Missouri River. All access to the reservation is to be cut off except to the officers and other employees of the Government, at least, without permission of the tribes interested. And it is not probable, in my opinion, even were all other objections removed, that the white inhabitants located on the east side of the river would be able peaceably to trade and barter with these ignorant Indians, the products of our soil or our manufactories, for the timber and other desirable articles of that region. It would doubtless remain for many years, at least, locked up from the white race and diverted from the manifest uses designated by

Providence. Thus this unfortunate barrier to our progress would discourage enterprise, turn the tide of immigration away from us, and effectually check the further growth and pros- perity of the territory, now so encouraging. The valuable building material, never used or eared for by Indians, would be placed beyond our reach, while, as at present, no other could be had at reasonable rates. Thus by act of Congress, a stupendous wrong would be inflicted on the people who are destined to inhabit this territory, as the effect would be to establish an oppressive monopoly in favor of the lumber markets of the Mississippi and the lakes.

1 do not wish to discourage, by any act of mine, the past policy of the Government, which was to recognize the original right of the Indian to his hunting ground. lle has a possessory right or title which in justice we must respect. Ilis weakness and our strength furnish no justification for an invasion of his rights without compensation. We must show our superiority over him in acts of justice and magnanimity, as well as mere military prowess ; in our efforts to ameliorate and improve his condition, as well as to outstrip him in industry, civilization and progress. All experience shows that the Indian cannot sustain himself by the chase alone, after the white man once invades and occupies his country. The buffalo and other game will disappear before the railroads and other highways and settle ments, and the Indian must as a consequence fade away and disappear also. unless, under the fostering hand of the Government, his nomadic habits are abandoned and he is taught the arts and advantages of civilization. The Indian should, therefore, not have a district of

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History of Dakota Territory, volume I, Part 81

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