History of Dakota Territory, volume I, Part 84

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 church building was finally completed early in July, 1870, and the cere- mony of dedication occurred on Sunday, July 17th. As a token of respect to the Congregational people and Reverend Mr. Ward, the other denominations refrained from holding morning services on this occasion, and the church-going people all flocked to the new structure, not only filling it full and running over. but providing an overflow congregation outside more numerous than those who were crowded into the interior. At the conclusion of the imposing services Mr. Ward stated that the church had an indebtedness on the building unpaid amounting to $1,321. This amount was subscribed then and there; and in addi- tion Joel A. Potter and Enos Stutsman gave $225 for the purchase of a bell.

TIIE CATHOLIC ORGANIZATION

Steps were taken in June, 1875, by the Catholic congregation of Yankton, represented by James Crowe, Robert O'Niel, William Gemmill. M. Goodin and James J. Griffin, for the procuring of lots and the erection of a church edifice at Yankton. Rev. Ferdinand Lechleitner was placed in charge of the Catholic Church organization at Yankton in 1870, and became the first settled pastor of that denomination in the territory. A site for a church edifice was selected in November, and other steps taken to construct the building. The site was two lots on Capital Street. northwest corner of Fifth Street. The Right Reverend Doctor O'Gorman (no connection of the present bishop of South Dakota), bishop of Nebraska, who had been dedicating a new Catholic church in St.

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HISTORY OF DAKOTA TERRITORY

Helena, Nebraska, visited Yankton in August, 1870, to investigate the spiritual needs of the Catholics of Yankton County.

The first edifice erected in Dakota by the Catholics in which to conduct divine service was a chalkstone structure built on the corner of Capital and Eighth streets in Yankton, in 1871. It was not designed for a church edifice, but was built for the purpose of a residence for the priest, Rev. E. Sommereisen, and also to accommodate church services until a church building could be con- structed, which it was then intended should join the residence building on the north.

A new Catholic mission was established at Grand River Indian agency, in April, 1871, under the supervision of Reverend Father Lechtenheiner, of Yank- ton, who had made a winter tour to various frontier posts and agencies in the upper river country, for the purpose of selecting the most advantageous place for the establishment of a central missionary station.

DAKOTA'S WAR EQUIPMENT

First Report of the Adjutant General

To His Excellency, A. J. Faulk, Governor.

Sir : I have the honor to submit to your excellency this, my first annual report of all matters coming within this department for the year 1867, as required by law, showing the various organizations furnished by the territory since the commencement of my term of office, and exhibiting the transactions as much in detail as may be necessary for public information.

In response to an unexpected appointment, I entered on the duties of this office on the 14th day of March last. On the IIth day of the same month, your excellency made a requisition upon the secretary of war for 1,000 stand of Smith's carbines and 100,000 rounds of carbine ammunition for the use of this territory, under the law of Congress, approved April 7, 1866, and chargeable to the territory on account of its quota now due or to become due, under the act of Congress approved April 23, 1808, for arming and equipping the militia. On the 15th of the same month, a requisition was made by your honor for 400 cavalry saddles, 400 curb bridles, 100 army revolvers, and 10,000 rounds of revolver and carbine ammunition, under the law of Congress approved April 23, 1808, and were duly received by me on the 14th and 21st days of May last.

The arms and other stores so furnished to the territory amount to $38,625, from which being deducted $11,083.91 now credited to the territory under the law of 1808, it is now in excess of its quota to the amount of $27,541.09, to be charged against the quota of the territory to become due under the law of Congress approved April 23, 1808.

In response to your suggestions to the sixth annual session of the Legislative Assembly of the Territory of Dakota, and to the proclamation of the 13th day of April, 1867, by Hon. S. L. Spink, as acting governor, calling upon the people to organize into companies for home protection against a threatened invasion of the hostile Indians, the following companies were organized, as follows :

COMPANY A, BON HOMME COUNTY

RANK OFFICERS

COM MISSIONED STRENGTH

Captain. . .. W. A. Burleigh.

June 15th

First lieutenant ..... Nathan W. Daniels

June 15th

Second lieutenant ... Geo. W. Owens ..

. June 15th

COMPANY B, CLAY COUNTY

RANK

OFFICERS

COMMISSIONED STRENGTH

Captain.

Nelson Miner

June 22d

100

First lieutenant . .

. Franklin Denison

June 22d

Second lieutenant .. . John L. Jolley

. June 22d

COMPANY C, YANKTON COUNTY

RANK

OFFICERS

COMMISSIONED STRENGTH

Captain

Geo. A. McLeod.

June 25th

First lieutenant . . . .

. A. M. English

. June 25th

Second lieutenant. . . C. B. Wing.

June 25th

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HISTORY OF DAKOTA TERRITORY

COMPANY D, YANKTON COUNTY

RANK OFFICERS

COMMISSIONED STRENGTII

Captain.

C. W. Batchelder

. July 2d

First lieutenant .... . N. H. Smith

. July 2d

Second lieutenant .... C. H. Brured.

. July 2d

COMPANY E, TODD COUNTY

RANK OFFICERS

COM MISSIONED

STRENGTH

Captain. J. A. Lewis.

July 30th

First lieutenant ..... Fred W. Edgar

. July 30th

Second lieutenant ... John Collins

. July 30th

COMPANY F, YANKTON COUNTY

RANK OFFICERS

COM MISSIONED

STRENGTH

Captain.

. W. W. Benedict.

July 6th

First lieutenant .... .C. G. Irish.

July 6th

Second lieutenant ... W. Leaning

.July 6th

COMPANY G, UNION COUNTY

RANK OFFICERS

COM MISSIONED

STRENGTH

Captain. Harvey Fairchild

July 20th

First lieutenant

Second licutenant

COMPANY HI, UNION COUNTY

RANK OFFICERS

COM MISSIONED

STRENGTIL

Captain.

Thomas C. Watson.

. July 20th

First lieutenant . . W. H. H. Fate.

.July 20th

Second licutenant ... Il. J. Corkendall.

July 20th

These companies comprise in the aggregate 538 men, all of whom, with the exception of Company E, have received the necessary amount of arms, ammunition and equipment, accord- ing to the strength of each company. The following officers were also appointed, who, with the governor, comprise the present roster of the Dakota Militia: Governor and commander- in-chief, A. J. Faulk; adjutant general, James L. Kelley ; quartermaster general, B. MI. Mills, brigadier general; paymaster general, John L. Jolley, colonel; aide-de-camp to the governor, John Lawrence, colonel.

Inventory of arms, ammunition and horse equipments on hand May 21, 1867, the number issued to organized companies, and the number remaining on hand December 1, 1867 :

Smith's carbines-On hand May 21st, 1,000; number issued, 525; on hand December Ist, 475. Revolvers-On hand May 21st, 100; issued, 95; remaining December Ist, 5. Carbine ammunition-Number of rounds on hand May 21, 1807, 100,000; number issued, 39,000; remaining on hand December 1st, 61,000. Revolver ammunition-On hand May 21st, 10,000; issued, 8,000; remaining, 2,000. Horse equipments-Cavalry saddles, on hand May 21st, 400; issued, 395; remaining, 5. Curb bridles-On hand May 21st, 400; issued, 395; on hand, 5.

The arms and ammunition remaining on hand are without a suitable building for their safekeeping, and I most respectfully recommend to your excellency the' propriety of the Legislature appropriating a small annual amount sufficient to defray the expense of storing the same, or to erect a building for that purpose.

The arms and ammunion (twenty-nine tons, including two six-pounder brass field pieces ) that were shipped from the St. Louis arsenal by the Government to this territory, and were received and receipted for by Governor Jayne, in the month of November, 1862, a portion of which are still in the hands of the disbanded militia throughout the territory, and can be collected by order at any time.

In the month of December, 1862, a large portion of this '62 shipment was in store at Yankton and Vermillion, including fifteen boxes of shot and shell. 120 Prussian muskets and 60,000 rounds of musket ammunition, since which time all the ammunition and the greater portion of the arms have been lost or destroyed for want of some suitable place to store them. The two brass field pieces, one at Yankton and one at Vermillion, are standing out exposed to the weather, and unless something is done by which they can be collected together and stored in some suitable place, they will in a short time be unserviceable.

Since the organization of Company B, John 1. Jolley, who was elected second lieutenant of said company, has been appointed and commissioned by your excellency paymaster general with the rank of colonel.

1 have the honor to be, very respectfully,

Your obedient servant,

J. L. KELLY, Adjutant General, Dakota.

Vol. 1-31

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HISTORY OF DAKOTA TERRITORY

TERRITORIAL AUDITOR'S REPORT

Territorial Auditor's Office,

Yankton, Dakota Territory, December 4, 1867.

To the Honorable Members of the Council and House of Representatives :

Gentlemen : I have the honor to present this, my first annual report as territorial auditor, showing the amount of claims presented to and audited by this office against the territory since the ist of January, 1867, giving also the date, amount and number of cach warrant, to whom issued, for what issued, amount audited. In submitting this report, i respectfully beg leave to recommend to the Legislature the propriety of changing the time for receiving the annual reports of territorial auditor and treasurer from the third day of each session, as now provided by law, uutil the last week in December, by which time the reports of these officers would be able to show to the Legislature the condition of the territorial finances at the close of the year, after all the organized counties shall have reported to the auditor and treasurer.

The following is an exhibit of the proceedings of this office from January 1, 1867, up to the present time, December 4, 1867 :

Number of warrants issued, 22:

Chas. F. Rossteuscher, appearing before legislative committee, $14; Jas. S. Foster, serv- ices as superintendent public instruction, $20; I. T. Gore, services as territorial treasurer, 1805-66, $50; John Thompson, transportation on books for territorial library, $7; Jas. A. Hand, blank books for auditor's office, $2; L. Case, services as engrossing and enrolling clerk, Council, $40; Geo. W. Kingsbury, printing of territorial warrants and report of superintendent public instruction, $25; M. K. Armstrong, blank book for treasurer's office, $2; John Bradford, bringing election returns from Union County, $10.40; S. L. Spink, advanced charges on law books, $20; I. T. Gore, salary as auditor from January i to March 31, 1867, $12.50; N. Edmunds, services on board of education, $6; S. L. Spink, services on board of education, $6; M. K. Armstrong, salary as treasurer from January I to July 1, 1867, $12.50; Geo. Stickney, furnishing abstract of entered lands throughout the territory, $20; Geo. W. Kingsbury, printing school blanks, $44; I. T. Gore, salary as auditor from April I to July 1, 1867, $12.50; J. L. Kelly, cash advanced in handling arms and ammunition for the territory, $29.25; John Thompson, transportation on books for territorial library, $2.35; I. T. Gore, salary as auditor, July I to September 30, 1867. $12.50; M. K. Armstrong, salary as treasurer, April Ist to July Ist, $12.50; M. K. Armstrong, salary as treasurer from July ist to September 30th, $12.50.

Total amount of claims presented, $374.60. Amount andited and warrants issued. $372.60.

Respectfully submitted, I. T. GORE, Territorial Auditor.

TERRITORIAL TREASURER'S REPORT

Territorial Treasurer's Office, Yankton, Dakota Territory, December 3, 1807.

To the Honorable Members of the House of Representatives :

Gentlemen: I have the honor to present herewith my first annual report as territorial treasurer, showing the receipts and disbursements of this office and the present condition of the finances of the territory. By the provisions of the revenue law of the territory it is made the duty of the county treasurer of each organized county to make report to this office and pay into the territorial treasury the proportion of territorial tax collected and due the territory from each respective county, on or before the Ist day of January in each year. The full extent of time allowed not having yet expired, the counties of Todd, Pembina and Laramie do not appear in this report, no return having been received from these counties. The counties of Pembina and Laramie, organized by the last Legislature. being so new and remote could hardly be expected to complete the assessment and collection of taxes during the present year. The act of last session creating the County of Pembina not providing for any officer than one to administer oaths to the county officers appointed in pursuance with said aet, and the only person in said county authorized to administer oaths being absent, the county was not fully organized until August, and therefore too late for an assessment and collection of taxes to be reported to this office during the present session of the Legislature. The County of Todd has been notified by me and is expected to report by the Ist of January. The present report of this office does not include warrants issued prior to the year 1865, all of which by an act passed in that year were debarred from pay- ment until such time as the condition of the treasury would warrant the liquidation of the same by special act of the Legislature. The amount of said suspended outstanding war- rants does not exceed in the aggregate five hundred dollars, and it remains for the present Legislature to take such action in the matter as to them may seem best.

The following is an exhibit of the territorial finances since my assuming the duties of this office on the ist of January, 1867 :

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HISTORY OF DAKOTA TERRITORY

RECEIPTS

Yankton County

$ 60.00 January 28, 1867, of A. G. Fuller, county treasurer. February 25th 50.00

June 7th 44.00

Union County $154.00

January 1, of I. T. Gore, former treasurer. . ...

.$ 60.00

February 1, of Wm. Searles, treasurer of county 92.50

Clay County $152.50

January 5th, of Olle Bottolfson, county treasurer ..

$ 49.82

December 3d, of treasurer. Charles Mix County

Bon Homme County .$ 20.17

December 3d, of Benton Fraley, treasurer. $ 10.00

Total receipts $386.49

Todd, Pembina and Laramie counties not reporting.

The treasurer's table of disbursements corresponds precisely with the auditor's statement of warrants issued.

Total receipts since January 1, 1867

$386.49

Total disbursements 357-75

Balance in treasury $ 28.74

Outstanding warrants Nos. 18 and 21.

14.85

Balance in treasury above all outstanding indebtedness. $ 13.80

Respectfully submitted, M. K. ARMSTRONG, Territorial Treasurer.

One of the earliest measures introduced at this session was a bill by G. C. Moody, providing for striking the word "white" from the election law of Dakota Territory. It passed both houses without a dissenting voice, was signed by the governor, and the negro was enfranchised if he had a home on Dakota soil.

LARAMIE COUNTY

The question of representation for Laramie County. Dakota (now Wyom- ing ), and a more important one of providing legal tribunals for that section of Dakota, was possibly the most important and pressing question before this Legislative Assembly. The building of the Union Pacific Railway had induced a very large immigration thither, and the employes on the railroad numbered many thousand, while numerous populous towns had sprung up along the line, that of Cheyenne having a population of from three thousand to four thousand. The last Legislature of 1866-67 had passed a bill to establish the County of Laramie, but it appears that no steps had been taken to organize the county in the meantime. A provisional government had been organized by the people at Cheyenne for the purpose of holding in check the lawless elements, and courts were established by general consent, having jurisdiction in civil and criminal cases. The police court of Cheyenne had jurisdiction when the amount in con- troversy did not exceed two thousand dollars; and a superior court was estab- lished with appellate powers and had jurisdiction in matters of law and equity above two thousand dollars. The courts were entirely without legal authority, but managed to keep order and were busy adjudicating lawsuits. In the latter part of October, 1867, a "people's election" was held to elect a full set of county officers, and 2,200 votes were polled. The election was without authority of law, but the persons elected assumed their official stations and discharged the duties thereto appertaining.

A member of the House of Representatives of the Territory of Dakota was also chosen at this election, Mr. J. R. Whitehead, who presented his credentials

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HISTORY OF DAKOTA TERRITORY

to the House on the thirty-fourth day of the session and within six days of the end of the session. His seat, however. was contested by A. G. Turner, of South Pass City, whose credentials had been presented before. These Turner credentials consisted of the proceedings of a meeting held at South Pass City, Dakota, and set forth that at a meeting of the citizens of South Pass City, held November 13, 1867, J. S. Lowry was made president and W. M. Pembleton, secretary, and that A. G. Turner was duly elected as representative to the Ter- ritorial Legislature for the session of 1867-68 from the County of Carter. Mr. Turner had been present at the Legislature since its opening, awaiting the ar- rival of Mr. Whitehead, whose name had been placed on the roll of members. Mr. Whitehead's credentials were as follows :

Whereas, At an election holden in the County of Laramie, in the Territory of Dakota, on the 8th day of October, A. D. 1867. duty called by general notice given by the under- sigued. appointed for that purpose at a mass meeting of the citizens of said county, James R. Whitehead, being a candidate for the office of representative in the Territorial Legisla- ture of Dakota, received 1,320 votes, M. S. Hurd for same office received 700 votes and M. L. Hall received 91 votes ;

Therefore, This is to certify that James R. Whitehead, having received a large majority of the votes polled at said election, was duty elected to the office of representative as aforesaid.

Witness our hands and seats this 28th day of October, 1867.

W. S. KUYKENDALL, THOS. J. STREET, LUCIEN L. BEDELL, Commissioners of Election.

The credentials of Mr. Whitehead were referred to a committee of one from cach county. On the thirty-sixth day a majority of the committee reported in favor of admitting Mr. Whitehead. Mr. Moody, from the minority, reported adversely to Whitehead and favorably to Turner. Both reports held that neither party could legally claim the seat, as the law governing elections had not been complied with in either case; but because of the important interests involved affecting so large a number of Dakota's citizens, it was conceded that the com- munity should be represented. Moody contended that Turner had the best record; that he presented himself at the opening of the session and had pa- tiently waited for the coming of Mr. Whitehead and the action of the House. Moody contended that Mr. Whitehead's large vote was cast by persons only tem- porarily in Dakota engaged in building the Union Pacific Railroad, and were not bona fide residents of the territory; further, a petition had been presented to the House signed by a large number of the business men of Laramie County, requesting that Whitehead be not given the seat. The result was that the House decided in favor of the minority report, and Mr. Turner was admitted and took the oath and his seat.

During the session Mr. Turner had been an industrious lobby member and had secured some needed legislation for his constituents.

A new county, called Carter, was established, and Laramie and Carter coun- ties were constituted a part of the Second Judicial District and provided with a term of court; also an act to legalize the acts of the city clerk at Laramie City, and the acts of the register of deeds of Laramie county, and a number of me- miorials.

Congress at this session, 1866-67, passed an act organizing the Territory of Wyoming, which embraced the counties of Carter and Laramie, but the act was not to become operative until the officers of the territory were appointed and confirmed as required by law. This provision occasioned over a year's delay in organizing the territory, as the Senate would decline to confirm President John- son's appointments, and Johnson's term would not expire until March 4, 1869. In the meantime Laramie and Carter counties were organized and conducted their affairs under the laws of Dakota.

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HISTORY OF DAKOTA TERRITORY

The Legislature closed its labors on the 11th of January, 1868. The session had been characterized by an earnest attention to duty and a friendly disposition was manifested among the members.

The committee appointed early in the session to report on the agricultural and mineral resources of the territory submitted an exhaustive report at the close of the session, covering every section of the territory that had been at all explored or surveyed and including the Black Hills. It was designed for the in- formation of the eastern people who were considering removing to the newer sections of the West, and the entire territory was in some sort represented in the document from the international boundary to the Missouri.

At this session of the Legislature, among the laws enacted and memorials passed were the following. It will be noted that the Red River region was an applicant for many governmental favors, and that Mr. Stutsman represented that county. The people up there were preparing for an era of growth and prosperity :

An act to organize the County of Lincoln ; to divide Union County into town- ships; to organize Minnehaha County; conferring citizenship on certain Red River half-breeds; to regulate the sale of spirituious liquors ; a memorial urging the creation and organization of the Territory of Wyoming out of the south- western portion of the Territory of Dakota; a memorial asking the creation and organization of the Territory of Lincoln out of the northern half of Dakota Territory ; an act to strike the word "white" out of the election and school laws of the Territory of Dakota; to incorporate the City of Cheyenne; to create and organize the County of Carter: to provide for the incorporation of towns; to provide a common school law; a general incorporation law; important amend- ments were made to the codes; an act constituting Carter and Laramie counties a part of the Second Judicial District and providing for holding term of court therein ; to enforce mechanics' liens ; to create the Ninth Representative District ; to provide that exemption laws shall apply only to residents.

A memorial to Congress for a United States land office at Pembina ; a me- morial for a mail route from Fort Totten to St. Joseph ; a memorial to Congress relative to stirveying land on the Red River of the North; a memorial to the President for the removal of the Chippewa Indians from the Red River : a me- morial to Congress for the construction of a wagon road from Fort Aber- crombie down the Red River; a memorial to Congress asking for the construc- tion of a military post on the Pembina River.

LINCOLN COUNTY

The County of Lincoln, on the Big Sioux River, was established and its boundaries defined by the Legislature of March, 1862- the first session-but no attempt at organization appears to have been made until 1868, Indian troubles being the main cause of hindering its occupation by white people. Its original boundaries, defined by the act of April 5, 1862, were thus set forth :

Beginning at the southeast corner of township 94, north of range 48 west: thence west to the southwest corner of township 944, north of range 50 west ; thence north to the south- west corner of township 96, north of range 50 west ; thence west to the southwest corner of township 96, north of range 53 west; thence north to the northwest corner of town hip 100, north of range 53 west; thence due east to the Big Sioux River ; thence south along said river to the place of beginning.

Under these boundaries Lincoln County occupied the northern tier of town- ships now in Union County, then called Cole, and extended west, taking in the two eastern tiers of townships afterwards included in the present County of Turner. No organization was had, however, under these boundaries, but the

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HISTORY OF DAKOTA TERRITORY

Legislature of 1867-68 passed a new act, giving the county new boundaries and appointing its officers as follows :

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History of Dakota Territory, volume I, Part 84

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