History of Dakota Territory, volume I, Part 86

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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A copy of this resolution was sent to Secretary Stanton, and the result was that he not only refused to vacate the office, but he proceeded to barricade and lock certain entrances and himself remained at the war office all night, it being expected that General Thomas would attempt to gain possession by force, and possession was regarded as "nine points of the law." The result was that Stanton held the fort, and the feeling against the President had become so em- bittered that the House of Representatives preferred articles of impeachment against President Johnson, charging high crimes and misdemeanors. There were twelve of these articles, something like the counts of an indictment. Eight of them were found for violation of the tenure of a certain civil office act; two for violating the "act to define and punish certain conspiracies"; one for violating an act making appropriations for the army, and one for endeavoring to prevent the execution of an act to provide for the more efficient government of the rebel states.

The first article of impeachment recited :

That said Andrew Johnson, President of the United States, on the 21st of February, in the year of our Lord, 1868, at Washington in the District of Columbia, unmindful of the high (Inties of his office, of his oath of office, and of the requirements of the Constitution that he should take care that the laws be faithfully executed, did unlawfully and inviolation of the Constitution and laws of the United States, issuc an order in writing for the removal of Edwin Mf. Stanton from the office of secretary for the department of war, said Edwin M. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as such secretary; and said Andrew Johnson, President of the United States, on the 12th day of August, in the year of our Lord, 1867, and during the recess of said Senate, having suspended by his order Edwin Mf. Stanton from said office and within twenty days after the first day of the next meeting of said Senate on the 12th day of December in the year last aforesaid, having reported to said Senate such suspension with the evidence and reasons for his action in the case, and the . name of the person designated to perform the duties of stich office temporarily until the next meeting of the Senate, and said Senate thereafterward on the 13th day of January, in the year of our Lord, 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for such suspension, did refuse to concur in said suspension, whereby and by force of the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton, by reason of the premises, on the said 21st day of February, was lawfully entitled to hold said office of secretary for the department of war, which said order for the removal of said Edwin M. Stanton, is in sub- stance as follows, that is to say :

Executive Mansion, Washington, D. C., February 21, 1868.

Sir : By virtue of the power and authority vested in me as President by the Constitution and laws of the United States, you are hereby removed from office as secretary for the department of war, and your functions as such will terminate on receipt of this communica- tion. You will transfer to Maj. Gen. Lorenzo Thomas, adjutant general of the army, who lias this day been authorized and empowered to act as secretary of war, ad interim, all records, books, papers and other public property now in your custody and charge.

Respectfully yours,

ANDREW JOHNSON.

To Hon. Edwin Mf. Stanton, Washington, D. C.

Which order was unlawfully issued with intent then and there to violate an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and contrary in the provisions of said act and in violation thereof, and contrary to the provisions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the Senate then and there being in session, to remove said Edwin M. Stanton from the office of secretary for the department of war, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of, a high mis- demeanor in office.

Following this were nine other articles, charging violations of the tenure of office act in the removal of Mr. Stanton; two charging conspiracy with General Thomas to obtain possession of the war office and Government property; one article charging that the President had "declared to and instructed Major General Emory, in command of the department of Washington, that the second section of the act making appropriations for the support of the army, which provided that "all orders or instructions relating to military operations issued by the President to the secretary of war should be issued through the general of the army," was "unconstitutional and in contravention of the commission of said Emory, and therefore not binding upon him as an officer of the United States." The twelfth article charged that

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the President, on the 18th day of August, 1866, at the City of Washington, "by public speech, did declare and affirm, in substance, that the Thirty-ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same, but on the contrary was only a Congress of part of the states, thereby denying and intending to deny that the legislation of said Congress was valid or obligatory upon him. the said Andrew Johnson, except so far as he saw fit to approve the same; and also thereby denying and intending thereby to deny the power of the said thirty-ninth Congress to propose amendments to the Constitution of the United States.".

The trial took place before the United States Senate, beginning Monday, March 30, 1868, and continued six weeks, the arguments being concluded on Friday, May 15th, and a vote on the various articles was then taken. There were fifty-four senators, and it required a two-thirds vote to convict. Forty-two sena- tors were republicans and twelve democrats. All the democrats voted for ac- quittal, as also did Senators Fessenden, of Maine; Grimes, of Iowa; Trumbull, of Illinois; Ross, of Kansas; Fowler, of Tennessee; Van Winkle, of West Vir- ginia. and Henderson, of Missouri, making nineteen negative votes, which was the exact number required to acquit the President. One vote changed to the affirmative side would have cost President Johnson his office, and made Hon. Benjamin Wade, of Ohio, then president of the Senate, President for the re- mainder of the term of Mr. Johnson, which would expire in less than a year.

The states not represented that were awaiting admission into the Union under the reconstruction acts of Congress, were Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Texas and Virginia.

It was remarkable that the republican senators who voted for acquittal were consigned by the popular sentiment of their party to a political oblivion from which they never emerged, not one of them, though few believed that their action was controlled by other than conscientious motives and for the good and quiet of the country. Mr. Johnson's term would expire within a few months, and it was claimed that these senators felt that the people "had better bear the ills they had than fly to others that they knew not of." There was very little friction between Congress and the President after the impeachment trial, and the people became interested in the presidential election then pending, the contest being between the republicans and democrats, with Ulysses S. Grant, of Illinois, and Schuyler Colfax, of Indiana, as the republican candidates, and Horatio Seymour, of New York, and Francis P. Blair, of Missouri, the democratic candidates.

THIE DELEGATE FIGHT

About the 15th of February, 1868, a call was issued by the Republican Central Committee of Dakota, signed by Jacob Brauch, chairman ; \. HI. Hampton, John Owens, Franklin Bronson and Nelson W. Cusick, calling a territorial delegate convention to meet at Miner's Hotel, Vermillion, on Thursday, March 5, 1868, for the purpose of electing two delegates to the national convention to be held at Chicago, May 20th, to nominate candidates for President and vice president of the United States, the ratio of representation to be the same as the number of councilmen and representatives in the Legislature.

The territorial republican convention met at Vermillion, March 5th, when G. C. Moody was elected president, and R. C. Green, of Union County; Nelson Miner, of Clay, and C. H. Melntyre, of Yankton, vice presidents ; G. P. Bennett, of U'nion, and William Shriner, of Clay, secretaries. C. B. Valentine, of Union, Doctor Hodgin, of Clay, and T. W. Brisbine, of Yankton, were appointed a Com- mittee on Resolutions.

(There were but three counties represented in this convention. The date of holding it was so early, and the sentiment for Grant so universal, that the repub- licans of Bon Homme, Charles Mix and Todd counties did not send delegates. The proceedings were not given out for publication, as no Committee on Credentials was appointed.)

IHISTORY OF DAKOTA TERRITORY

The Resolutions Committee reported as follows :

Resolved, by the republican convention of the Territory of Dakota now assembled, That our first choice for President of the United States is the soldier, patriot and statesman, Ulysses S. Grant, of Illinois, and that our delegates to the national convention are instructed to put forth their best efforts to secure his nomination.

Resolved, That the republicans of Dakota, through their delegates, do most heartily endorse the reconstruction policy of the Thirty-ninth and Fortieth Congress.

The resolutions were adopted by a unanimous vote.

The following resolution, presented by Mr. Brookings, was then adopted :

Resolved, That the republicans of Dakota, through their delegates in convention assembled. do fully endorse the prompt action taken by the House of Representatives of the Fortieth Congress in the impeachment of Acting President Andrew Johnson for his flagrant and willful violation of the Constitution and laws, and that such action meets with the warm approval of every loyal citizen of Dakota.

The convention then proceeded to the election of delegates to the national convention, by ballot. For C. B. Valentine there were twenty-one votes; for G. C. Moody, seventeen ; for John L. Jolley, sixteen. Valentine and Moody were declared elected. John L. Jolley and Joseph R. Hanson were elected alternates. .A few brief addresses were then made, when the territorial convention ad- journed.

The national convention was held in the City of Chicago on the 20th of May. Dakota was represented by a double delegation, though it was not known that such was the case until the meeting of the national convention, as no second convention had been held in Dakota. Dr. R. I. Thomas and John Lawrence were there claiming seats from Dakota, and represented that they had been elected by a conservative republican convention, but when their credentials were exam- ined it was found that they were signed by a person who claimed to be president of a Grant Club. Dr. W. A. Burleigh was also there as a promoter of Thomas and Lawrence, and though it does not appear that these gentlemen had the slightest claim to seats in the convention, the republicans of Dakota had been so divided and in such a wrangle for years that the convention was not willing to entirely reject Burleigh's men, for Burleigh, owing to his wide acquaintance and political experience, was something of a power in national conventions, so it was decided to give Thomas and Lawrence seats on the floor of the convention without a vote. Moody and Valentine, elected at Vermillion, were recognized as full delegates and placed on the roll call, and Hanson and Jolley given seats as alternates. A delegate-elect from Laramie County was present, and was given a seat with the regular Dakota delegation, it being expected that the new Terri- tory of Wyoming would be created by the Congress then in session, which would include both Laramie and Carter counties. Newton Edmunds, of Yank- ton, was named national committeman from Dakota. The national convention nominated Ulysses S. Grant for President, and Schuyler Colfax for vice president.

SECOND REPUBLICAN CONVENTION IN 1868

The Republican Territorial Committee issued a call for the meeting of the republican territorial convention for the nomination of a delegate to Congress and territorial officers, to meet at Elk Point, July 8, 1868. The convention as- sembled at the time indicated. Jacob Brauch, chairman of the territorial com- mittee, called the convention to order, when Col. B. F. Campbell, of Clay, was elected temporary chairman, and G. B. Bennett, of Union, secretary. A Com- mittee on Credentials was appointed, which reported the following named as entitled to seats in the convention :

Union County, J. P. Webber. Duncan Ross, Jr., Gilbert P. Bennett, S. L. Parker, N. J. Wallace, H. Fairchild, James Curtis, T. C. Watson, J. E. Schooler

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and W. J. Walters; Clay County, H. Gunderson, James Eves, A. F. Shaw, J. D. Tucker, R. E. Blades, B. F. Campbell, A. Vermason, E. D. Barker and William Crane, Yankton County, W. W. Brookings, C. H. Melntyre, Ole Sampson, Torger Nelson, Iver Bagstad, V. N. Babcock, William Stier, Rudolph Von Ins and G. W. Batchelder ; Bon Homme County, John W. Owen and E. W. Wall ; Charles Mix County, Hiram Conger, Bucklin N. Wood and Joseph Emerson ( George H. Hand proxy for Wood and Conger ) ; Laramie County, Capt. N. J. O'Brien, W. W. Corlett, M. C. Brown, S. M. Preshaw, T. E. McClelland, A. T. Drake; Carter County, John Clifford, 4 votes ( Col. G. C. Moody and G. W. Kingsbury hekl proxies and cast the vote of Carter County ).

The report of the Credentials Committee was adopted.

A permanent organization was then effected by electing W. W. Brookings, president ; R. E. Blade, Clay; G. P. Bennett, Union ; Ole Sampson, Yankton ; J. W Owens, Bon Homme, and Joseph Emerson, Charles Mix, vice presidents ; and N. J. Wallace, Union ; James Eves, Clay, and George H1. Hand. Yankton, secretaries.

The platform of principles was then adopted. It endorsed the national plat- form and the nominees of the national convention, Grant & Colfax ; the position of Congress on reconstruction : favored a grant of land to aid in the construction of a railroad from Sioux City to the Cheyenne River via Elk Point, Vermillion, Yankton and Bon Homme, and favored keeping the public lands out of market, and permitting their sale only to homesteaders and pre-emptors.

Nominations being in order Hon. S. L. Spink, of Yankton, was nominated for delegate to Congress on the first ballot receiving thirty-eight votes, the full vote of the convention. For territorial auditor, W. W. Corlett, of Laramie County ; for territorial treasurer, T. K. Hovey, of Clay County ; for superintend- ent of public instruction, T. MeKendrie Stewart, Union County.

A central committee for the territory was appointed, composed of G. P. Bennett, Union County ; A. F. Shaw, Clay; G. C. Moody. Yankton ; H. M. Ken- nedy, Bon Homme; Hiram Conger, Chas. Mix; N. W. Cusick, Todd; Isaac S. Ilaskell, Carter: M. C. Brown, Laramie; John Nelson, Minnehaha; Richard Fitzgerald, Lincoln ; Peter Cavilier, Pembina. Colonel Moody was made chair- man of the committee. Mr. Spink, the nominee for delegate, addressed the con- vention at some length, and brief speeches were made by Messrs. Moody, Batch- elder, Brookings, Hand and Campbell.

The convention then adjourned.

THE PEOPLE'S CONVENTION

Following the republican convention, there appeared a call for a "people's convention," in words following :

All citizens of Dakota Territory desiring the common good of the country and the advancement of the real interests of Dakota, are requested to meet at the county seats of their respective counties, or at such other places as may be designated, on the 15th day of August. A. D. 1868, for the purpose of selecting delegates to attend a people's territorial convention, to be held at Vermillion, August 22, 1868, at 2 o'clock P. M., and there to nominate a suitable person to represent the people of Dakota as delegate in Congress; also to put in nomination suitable persons for territorial auditor, treasurer and superintendent of public schools, and to transact such other business as may properly come before the convention. The respective counties will be entitled to delegates as follows: Union County, 10; Clay County, o; Yankton, 9; Bon Homme, 3: Todd, 3; Charles Mix and Buffalo, 3; Lincoln, 1; Pembina. 1. By Order of Committee.

The people's territorial convention assembled at Vermillion at the public schoolhouse, August 22, 1868. Hon. W. A. Burleigh was elected temporary chairman and Wm. Miner, of Yankton, secretary. A Committee on Credentials. composed of Dr. O. F. Stevens and E. B. Wixson, of Union County, and J.

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A. Lewis of Todd County, was appointed, who reported the following names as entitled to seats in the convention as delegates :

Union County-John Reams, Shephard Young, H. W. McNiel, E. B. Wix- son, C. P. Heath, S. Reandean, O. F. Stevens, G. W. Kellogg and William Ben- ton. Clay County-Capt. N. Miner, G. W. Platte, Frank Taylor, A. Hanson, Ole Bottolfson, M. McCue, Victor Cordin, N. V. Rose, M. Snyder. Yankton County-William Miner, L. Congleton, A. M. English, Louis Volin, Washing- ton Reed, W. N. Collamer, T. G. Maxwell, Thomas Frick, J. V. Bunker. Bon Homme County-W. A. Burleigh, R. M. Johnson, Hugh Fraley. Todd County -J. A. Lewis, Henry Brooks, John Thompson. Charles Mix County-J. S. Collins, F. J. Dewitt, R. I. Thomas. Lincoln County-M. Fitzgerald.

The report was adopted.

The convention then proceeded to a permanent organization when L. Congle- ton, of Yankton County was elected president ; William Miner and C. P. Heath, secretaries. Vice presidents were also elected as follows: Chas. Hamilton, Charles Mix; Hugh Fraley, Bon Homme; Washington Reed, Yankton; Louis Volin, Ole Bottolfson, Clay; M. Snider, G. W. Kellogg, A. Gore, S. Reandeau, Union ; M. Fitzgerald, Lincoln ; J. A. Lewis, Todd County.

A Committee on Resolutions was appointed, as follows: W. A. Burleigh, chairman; Almon Gore, Union; Nelson Miner, Clay; J. V. Bunker, Yankton ; Henry Brooks, Todd; J. S. Collins, Charles Mix : M. Fitzgerald, Lincoln.

The resolutions were seven in number. The first favored immigration, pro- tection to the lives and property of the people, and easing the burdens of taxa- tion. The second resolution favored the extension of railroads into the territory and promised to endeavor to secure aid from the Federal Government, for that purpose. The third favored liberal appropriations by the general government for the purpose of conducting the government of the territory ; the fourth favored the extinguishment of the Indian title to all the lands in the territory. The fifth opposed the bringing of the public lands of Dakota into market; the sixth pledged every effort to reward the veteran soldiers and sailors of the territory by shortening the time for securing their homesteads to one year. The seventh invited the cooperation of all citizens who desired to promote the best interests of the territory. The platform was silent in regard to national politics and presi- dential candidates.

The convention then proceeded to the nomination of candidates for the vari- ous offices. Doctor Burleigh nominated J. P. Kidder, of Clay County, for the office of delegate in Congress and the convention with an unanimous vote ratified the nomination. M. K. Armstrong, of Yankton, was nominated for territorial auditor ; Eli B. Wixson, of Union, for territorial treasurer ; and Almon Gore, of Union, for territorial superintendent of public instruction.

The following campaign committee was then appointed: For Union County -Messrs. Cummings, Rich, Mohan, A. Gore, Webster, Doctor Stevens, D. Chaussee, D. M. Mills, M. Kiplinger. Clay County-Messrs. Ross, Snider, Bottolfson and Hanson. Yankton County-Messrs. Louis Volin, A. Van Osdel, A. M. English, Stephen Flick and A. B. Stevens. Bon Homme County-Hugh Fraley and R. M. Johnson. Todd County-Joel A. Potter and Henry Brooks. Charles Mix County-F. J. Dewitt and Felicia Fallas. Lincoln County-M. Fitzgerald. A resolution was adopted endorsing Doctor Burleigh's course in Congress. Addresses were made by Dr. R. I. Thomas, Judge Ford, of Wyom- ing, or rather Laramie County: W. A. Burleigh and Judge Kidder, the nominee ; after which the convention adjourned.

FIRST DISTINCTLY DEMOCRATIC ORGANIZATION IN DAKOTA

The reader who is interested in the political history of the territory may have observed that up to the present time, 1868, nothing has been said regarding a democratic party as an organization in the territory, and in explaining the reason why, it is only necessary to state that there had been no such organization since

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the establishment of the territory. The democrats had not been sailing under that flag. They had adopted various titles but had not organized as democrats until 1868. After the first election in 1861, when General Todd was elected to Congress without the formality of either convention or a nomination, the demo- cratic leaders had felt that their party had no chance of winning unless they could secure a large number of republican votes from the insurgent element, and to do this they were obliged to adopt a temporary title such as "union," "people's," "citizens," etc., or throw their support to one of the republican factions which party was famous for its "double headers."

The first move for an organization was made by the democrats of Yankton County who held a mass convention at Yankton, on Saturday, May 9, 1868, and took the initial steps. As was stated in the convention, there had been up to that time no distinct democratic organization in the territory, which had been due altogether to the political differences growing out of the War of the Rebel- lion, followed by the disagreements between President Johnson and Congress. At this initial convention the only business transacted was the election of offi- cers and the consideration of plans for securing the cooperation of democrats throughout the territory. The officers chosen were for this purpose of organiza- tion, W. P. Lyman, president; D. T. Bramble, vice president; J. Shaw Greg- ory, treasurer ; and Dr. Franklin Wixson, secretary. The movement was heartily seconded in the other counties and county organizations followed. The out- come of the movement resulted in the calling of a territorial democratic con- vention to meet at Yankton June 20, 1868, for the purpose of electing two dele- gates to the National Democratic Convention. The call was signed by D. T. Bramble, L. W. Case, A. M. English, J. S. Presho and D. B. Cooley, and in ac- cordance therewith the territorial convention assembled at Yankton on Saturday, the 20th of June. The proceedings do not show who the officers were, and the names of but few delegates were given. Union County was not represented. Mr. Sherman represented Clay ; Hon. Ilugh Fraley, Bon Homme; Felix Le Blanc and Felicia Fallas, Charles Mix ; and D. T. Bramble, W. P. Lyman, A. G. Fuller, C. G. Irish, M. M. Parmer, J. S. Presho, D. B. Cooley and John Stan- age, Yankton County. Gen. J. B. S. Todd and Hon. D. T. Bramble were elected delegates to the national convention and Capt. A. G. Fuller, one of the alternates. The National Democratic Convention was called to meet in the City of New York, July 4, 1868. At the national convention so held in New York, Iloratio Seymour, of New York, was nominated for president and Francis P. Blair, of Missouri, for vice president. The Dakota delegates attended. There was held at Yankton after the nomination of Seymour and Blair a grand demo- cratic ratification meeting on July 14th, at which speeches were made by Gen- eral Todd, Gen. Wm. Tripp, Maj. E. H. Brackett and Dr. J. B. Van Velsor.

A call was then issued for a Democratic Territorial Convention to meet at Vermillion on the 8th of September, to nominate a delegate, to Congress and territorial officers. The convention met pursuant to call and nominated the following ticket :

For delegate to Congress, J. B. S. Todd; for territorial auditor, John W. Turner, of Clay; for territorial treasurer, Michael Ryan, of Union; for super- intendent of public instruction, James Keegan, of Bon Homme. The platform endorsed the democratic nominees for President and vice president ; favored the reconstruction policy of President Johnson; denounced the usurpation of the executive powers by Congress; favored keeping the public lands subject to homesteads and pre-emptions, and favored liberal pensions to Union soldiers and sailors. The convention adjourned after the adoption of the platform.

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History of Dakota Territory, volume I, Part 86

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