History of Dakota Territory, volume I, Part 88

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 settlements north, east and west of Elk Point had grown rapidly for more than a year which added largely to the trade of the business center. At Fort Dakota (Sioux Falls), Charles K. Howard was supplying a growing population that was covering the vacant lands outside of the military reservation. At Can- ton, Win. M. Cuppett & Company had built up a thriving trade in a few brief months. In Vermillion, McHenry and Compton were the leading merchants, and employed a large number of clerks and teamsters ; they hauled large quantities of supplies from Sioux City which was the railway terminus, and shipped out the surplus grain of the farmers, which already amounted to thousands of bushels.

The business of Bramble & Miner, at Yankton, had grown remarkably and already amounted to hundreds of thousands annually. Moneyed men in the east- ern states had begun to send their money to Dakota for investment, and the real estate market had more demands than it could readily supply. Town property brought as high, if not higher prices, at this time than a similar property could be bought for twenty years later.

CHAPTER XLIII LAST ANNUAL SESSION OF THE LEGISLATURE 1868-69

LEGISLATIVE ASSEMBLY OF 1868-69-INDIANS IN THE BIG SIOUX VALLEY-MESSAGE OF THE GOVERNOR-CONTESTED SEATS-FUTURE SESSIONS TO BE BIENNIAL-TIIE TERRITORY OF WYOMING-OPENING OF THE BLACK HILLS AGITATED-WOMAN SUFFRAGE DEFEATED-TO ABOLISHI TIIE TERRITORY OF DAKOTA-DECREASE OF BUF- FALO HAS APPALLING RESULTS ; INDIANS SUFFER FOR FOOD-FRIGIITFUL MORTAL- ITY CAUSED BY PRAIRIE FIRE-PRESIDENT JOHNSON'S AMNESTY PROCLAMATION- DELEGATE BURLEIGH'S FAREWELL SPEECH IN CONGRESS, ASKS JUSTICE FOR THE INDIAN-INDIANS SUFFER FROM PRAIRIE FIRE.

The eighth session of the Legislative Assembly of the Territory of Dakota met at Yankton at the capitol building on the 7th day of December, A. D. 1868, at 12 o'clock M. The members of the House of Representatives met in their hall and proceeded to a temporary organization by the election of John L. Jolley, of Clay County, speaker, and George I. Foster, of Yankton County, chief clerk. The roll of members was then called as follows :

First District-Union County-G. P. Bennett, Calvin M. Brooks, John Clem- entson, J. T. Hewlett, Hiram Keith, R. T. Vinson. Second District-Clay County -N. G. Curtis, J. M. Eves, John L. Jolley, Lewis Larson, Joseph Moulin, Charles Ricker. Third District-Yankton County-Jacob Brauch, O. F. Haggin, A. W. Jamieson, Knud Larson, G. C. Moody. Fourth District-Bon Homme County- Alfred Abbott and James Keegan. Fifth District-Charles Mix County-Joseph LaRoche and M. H. Somers. Sixth District-Todd County-J. Shaw Gregory. Seventh District-Pembina County-Enos Stutsman. Eighth District-Laramie County-Charles D. Bradley.

The oath of office was administered by George H. Hand, United States attor- ney, whereupon the session was opened with prayer by Rev. Mr. Damon, of Union County, as follows :

Almighty God, thou hast created all things by the word of thy power, and in thy hand are the destinies of all created beings. We therefore approach thee and humbly ask thy blessings to rest upon this Assembly, which has met for the purpose of legislating for the good of our territory. Endue them with wisdom, that in all their deliberations they may have the glory of God and the good and prosperity of our country continually in view. May peace and harmony prevail and may we at last all be gathered to a home in Heaven, through Jesus Christ, our Lord. Amen.

The House then permanently organized by the election of G. C. Moody, of Yankton, speaker ; Geo. 1. Foster, of Yankton, chief clerk : Ed D. Barker, of Clay, assistant clerk; Edwin Gilham, of Union, enrolling clerk: Geo. W. Owens, Bon Ilomme, sergeant-at-arms; Andrew Erickson, of Clay, messenger ; C. B. Larson, of Clay, fireman ; Rev. J. C. Damon, Union, chaplain.

The usual committees to notify the Council and governor of the organization of the House were appointed, and the House then adjourned until 10 o'clock Tues- day morning, the 8th1.

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HISTORY OF DAKOTA TERRITORY

The members of the Council assembled in the Council chamber of the capitol building at the hour of 12 o'clock M., December 7, 1868, when the roll of mem- bers was called by George 1. Foster, former secretary, as follows: Union County -R. R. Green, Geo. W. Kellogg. N. J. Wallace. Clay County-H. J. Austin, Aaron Carpenter, A. H. Hampton. Yankton County-W. W. Brookings, W. W. Benedict, Chas. 11. Mentyre and Chas. F. Rossteuscher. Bon Homme County- Hugh Fraley. Charles Mix County-Absent. Todd County-J. A. Lewis.

The members of the Council, except N. J. Wallace, of Union, and the men- ber from Charles Mix, had been elected in 1867, for two years, and had taken the oath of office at the session of 1867. Chief Justice Bartlett administered the oath of office to Mr. Wallace. Council then organized by electing the fol- lowing officers: President, W. W. Brookings, Yankton: secretary, Amos F. Shaw, Minnehaha ; assistant secretary, S. W. Smith, Clay ; enrolling clerk, Adolph Mauxsch, Yankton; sergeant-at-arms, Iver Bagstad, Yankton; fireman, T. C. Edwards, Union; messenger, P. M. Hussington, Bon Homme; chaplain, Rev. M. Hoyt, Yankton.

The resignation of R. 1. Thomas, of Charles Mix County, was presented hy Mr. Austin, with the credentials of C. T. Campbell, who claimed to succeed him.

Mr. Benedict presented the credentials of Bligh E. Wood, also claiming to be the successor of Mr. Thomas. These credentials were all referred to the Com- mittee on Elections which was then appointed by the president, consisting of Messrs. Hampton, Kellogg and Rossteuscher.

The customary committees were appointed by the president to notify the governor and House of the organization of the Council; when the Council adjourned until the 8th, at To o'clock .A. M.

On the second day of the session, the two houses met in joint convention at II O'clock A. M. when Governor Faulk delivered his third annual message, as follows :

EXTRACTS FROM THE GOVERNOR'S MESSAGE

The governor, in his annual message to the Legislature, congratulates that body and the people because of the prosperous and peaceful year the territory has enjoyed, and then touches briefly upon the organization of the Territory of Wyoming as a measure of justice, and greatly advantageous to the people of Dakota as well as Wyoming. Then follows an interesting chapter on our Indian relations and the new Indian reserve policy, which the governor is not inclined to favor, as will be gathered from the following :

The condition of the Indian tribes in Dakota has remained the same, in relation to the white citizens, as during the previous year. They are still friendly and show marked signs of progress in point of education and civilization. The Ponca and Yankton Indians deserve especial commendation for their faithful adherence to treaty stipulations, and for their industry and energy in the efforts put forth to obtain their subsistence by the cultivation of the soil instead of by the chase. The trade of the Missouri River has met with but little interruption during the past year from those less civilized and less friendly Indians who roam through the northwestern portion of the territory.

Since your last meeting I have received two lengthy petitions from citizens of U'nion County asking that steps may be taken for the removal of certain Indians who occasionally encamp in the valley of the Big Sioux or its tributaries, for hunting or trapping purposes or in the course of their periodical travels across the territory. The complaint is chiefly. as I am informed. against the Santees, or Mississippi Sioux, whose temporary reservation is below the mouth of the Niobrara. in Nebraska, and whose past history in Minnesota is of such a character as naturally to inspire a feeling of alarm and insecurity among the settlers. So long as we have ample assurance that these Indians are friendly, and are confining themselves strictly to a harmless effort to obtain a subsistence by hunting, fishing or trapping on the unoccupied public lands, it seems to me that good policy as well as the principles of justice, require that they be treated leniently at least, if not with friendship. It is not the policy of the Government to pen the Indians, friendly ones, on the reservations, where at certain periods of the year they are in danger of starvation; but rather, in consideration of their poverty, and their uncivilized and unenlightened condition, to encourage them to

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HISTORY OF DAKOTA TERRITORY

make a peaceable effort to glean from the uninhabited prairies such subsistence as supply their temporary and simple wants. Yet the complaint of the inhabitants named is entitled to serious and respectful consideration not only from the executive and Legislature, but from the national Government as well. From the first settlement of these Minnesota Indians on our borders, we were led to believe that they were only placed there for a temporary purpose, and that they would soon be placed on a more permanent reservation. in some locality less dangerous and objectionable to the citizens, and more beneficial, because more settled and secure, for themselves. Up to the present time, however, nothing of importance has been done toward accomplishing so desirable an object. But now that the action and recommendations of the late Indian l'eace Commission appear to have become the adopted policy of the Government, it is presumed that it would not be difficult, if an effort in that direction were properly made, to have these Indians removed to the new Indian district north of the Niobrara, and placed under the immediate supervision and control of General Harney, who, in the capacity of peace commissioner, is now engaged, and it is believed successfully, in endeavoring to inaugurate and put in practical force the policy indicated. Such an effort, if successful, would most likely relieve the inhabitants of this source of irritation and alarm, but which, if too long neglected, might involve us again in Indian conflicts, so disastrous and calamitous in its effects upon the newly formed settle- ments of this territory.

As intimated in my former message, that portion of Dakota lying west of the Missouri River, and between the Yellowstone on the north and the Niobrara on the south, has been set apart for the exclusive use and occupation of the various tribes of Indians who have heretofore occupied the Platte and Powder River countries, and for other tribes who may accept the terms proposed by the late Indian Peace Commission. In that message I stated my objections on behalf of the citizens of Dakota against the policy foreshadowed by the act of Congress of July, 1867, appointing this commission, which was supported by a suit- able memorial from the Legislature; but, as it seems, without having received the favorable consideration from those who have in their hands, in a great measure, the control of our territorial destinies.

While it becomes our duty to acquiesce in the final decision of the federal authority, 1 see no reason to change the views I then expressed, as to the vast importance of the Black Hills country to the citizens who are destined to occupy this territory, or as to the fact that an Indian district which should embrace the minerals and pine timber of that region could not, in view of the past Indian history of this country, be a permanent one. Nevertheless, the decision is against us, and whatever chagrin or disappointment may be felt in conse- quence, we have but the alternative to submit and render a loyal obedience to those in authority over us. We should be willing to give the experiment a fair and impartial trial, and though it destroys for the present the brightest hopes yet entertained for the future of Dakota, it may not be altogether without its compensating benefis. If we lose the pine timber so much in demand on the Missouri slope, and the rich beds of mineral, the devel- opment of which, in our view, would have peopled that country with an industrious and enterprising population, we will gain additional markets for our merchandise, our stock and our grain by the location and feeding of additional bands of Indians in the valley of the Missouri. It will stimulate the raising of stock and the production of cereals required by this new demand upon our industry and our enterprise. It will be, of itself, no small inducement to immigration to all such as design to live by agricultural labor, and will no doubt encourage those who have already opened up farms to increase the amount of land now under cultivation. And again-the removal of the heretofore hostile Indians by treaty from the new Pacific Railroad to the district named, where they are to be guaranteed abso- lute freedom from molestation and the withdrawal of the military posts from the Powder River valley, would seem to assure the citizens of Dakota that prospect of quietude and exemption from Indian troubles which our first settlers did not possess, but which are so essential to our rapid growth in population and to our permanent prosperity as a people. Our first and most manifest necessity is peace, and probably we now need nothing more clearly than such perfect assurance of security from Indian wars and Indian alarms as these latest arrangements would seem to promise. Let this confidence once take possession of the public mind, and the tide of immigration thitherward will be increased ten-fold over what it has been even through the year that is passed. Such considerations furnish us our present and prospective compensation for the loss of the most promising and most valuable portion of this territory. In the meantime we may indulge in the faith that a more favorable day will yet dawn upon us, and at no remote period, when, with the consent of the Govern- ment and the Indian tribes, and without war, we may, like the Israelites of old, "go in and possess the land."

Since your last meeting no further important steps have been taken to secure the buildling of the railroads for which charters have already been granted, except to lay the subject before Congress and ask for land grants to aid in their construction. Congress, it is believed, looks upon these improvements with favor, and we may therefore hope to obtain the aid required at no distant day. Their construction would bring us within easy communication with the markets of the East, so essential to the proper encouragement of agricultural labor, and would be the means of bringing to our vicinity, at moderate prices, the pine lumber of Minnesota. In the advocacy and advancement to completion of these great territorial

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HISTORY OF DAKOTA TERRITORY

enterprises we should act as a unit, and no local jealousies or conflict of individual interests should be allowed to stand in the way of their perfect success. Their commencement and completion are only a question of time. And that we are on the line of a continuous road soon to be built across the continent by way of the valley of the Missouri, more highly favored by natural advantages than the Union Pacific, and of scarcely less national or local importance when completed, is a fact which has impressed itself on the minds of some of the most intelligent and practical men of the East. One great incentive to the construction of such a work is the hazardous nature of the navigation of the Missouri. The heavy losses to the Government and to individuals annually occurring from this cause, and which are annually on the increase in proportion to the increase of trade, are even now bringing sagacious capitalists and statesmen to reflect upon the comparative speed, safety and economy of railroad transportation up the valley of the Missouri.

In conclusion, I most humbly invoke upon your deliberations the aid of that Divine Power which controls human governments, to the end that your legislative acts may conduce to the honor and welfare of the territory. A. J. FAULK.

Yankton, December, 1868.

Mr. Bradley, of Laramie, introduced the first bill in the House; an act to provide for the organization of Laramie City.

The first bill introduced in the Council was by Mr. Rossteuscher; an act to define the qualifications for holding office in the Territory of Dakota ; and No. 2, by the same councilman, to authorize the commissioners of Yankton County to raise money for the construction of the jail.

Mr. Brookings gave notice of a joint resolution relating to an appropriation for the survey of a canal from Yankton to the Big Sioux River, thence up the Rock River to the northern boundary of the State of lowa, thence east to the Mississippi River.

On the fifth day the Committee on Elections in the Council made their report on the contest between Campbell and Wood. A majority of the committee, Messrs. Rossteuscher and Hampton reported that neither of the claimants was entitled to the seat, but made no recommendations. Mr. Kellogg, the minority reported that neither of said claimants was entitled to the seat, as no vacancy existed at the time of the election, and that B. E. Wood, one of the claimants re- sided on an Indian reservation, and was therefore ineligible. Mr. Kellogg desired that the seat be declared vacant. The Council refused to adopt Mr. Kel- logg's report, whereupon Mr. Brookings moved to admit Mr. B. E. Wood on the ground that C. T. Campbell was a federal office holder, and disqualified thereby from holding a seat in the Legislature. Mr. Brookings' motion was adopted, and Mr. Wood was sworn in.

On the eighth day Mr. Brookings tendered his resignation as president of the Council, on the ground that he believed he could accomplish more for his con- stituents by occupying a seat on the floor ; that he could not feel free to enter into the debates while presiding, and felt that he had already trespassed too much in that respect. His resignation was accepted and N. J. Wallace, of Union County, was elected president.

The bill to incorporate Laramie City, also to create the counties of Albany and Carbon, also in the Wyoming country were the first laws enacted.

Mr. Stutsman, who now represented Pembina County in the House, intro- duced a bill conferring the right of suffrage upon women over eigliteen years of agc.

The seat of A. J. Abbott, a House member from Bon Homme County, was contested by Mr. Robinson. The Committee on Elections, after investigation, re- ported in favor of Abbott, he having received one vote more than Robinson. The report was adopted, and Mr. Abbott retained the seat.

The reports of the territorial auditor, treasurer and superintendent of pub- lic instruction were made to the Legislature. There was remarkable harmony prevalent among the members of this Legislature. There seemed to be general agreement regarding all the measures introduced, with two or three exceptions, and the differences on the woman's suffrage bill and the prohibition bill were discussed good naturedly, leaving the inference that they were not considered

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HISTORY OF DAKOTA TERRITORY

measures of prime importance at the time, though the women professed to be dis- appointed at the unfavorable action of the Council on their suffrage bill, after they had succeeded in getting it through the House.

This Legislature adjourned, sine die, on Friday, the 15th of January, 1869. The next session would not meet until December, 1870, Congress having enacted a biennial session law for all the territories. The new Territory of Wyoming would take away from Dakota in the meantime the counties of Laramie, Carter, Albany and Carbon leaving the Territory of Dakota without a Union Pacific Rail- road, or a railroad of any name or kind. A partial list of the measures passed at this eighth session follows :

An act fixing the time of holding the Supreme Court; to grant permits to establish ferries on the Red River of the North outside the limits of organized counties; to provide for opening, vacating and change of highways; authorizing the commissioners of Clay County to build a bridge across the Vermillion River, and levy a tax therefor; concerning territorial roads; to provide schools for the Territory of Dakota; to encourage the planting and growing of timber; to pro- vide for the partition of lands; to prevent the firing of woods, marshes and prai- ries ; an act concerning revenue ; to establish a code of criminal procedure; for the relief of the poor; to attach certain parts of Dakota Territory to the Second Judicial District ; to protect the citizens of Dakota and elevate the medical pro- fession ; to provide for the payment of certain territorial warrants; defining the action of mandamus and prescribing the practice; authorizing the levy of a tax in each county for bridges; to amend the fence law; to provide for the service of process in counties where no courts are held; fixing the time for the territorial auditor and treasurer to make their annual reports; to incorporate the City of Yankton.

MEMORIALS

To establish a United States land office in the Red River Valley; for a grant of land to the Sioux City and Pacific Railroad from Sioux City up the Missouri Valley : protesting against the transfer of Indian bureau to the war department ; to U. S. Grant, asking that W. W. Brookings be appointed governor of Dakota ; for an additional land district on the Missouri River in Dakota; praying for the removal of Fort Dakota at Sioux Falls ; to construct a wagon road down the Red River of the North from Fort Abercrombie ; to the President relative to the Pen- bina Indians ; for a grant of land to the Yankton and Columbus ( Neb. ) Railroad ; asking relief for certain destitute Indians; for a grant of land to the Minnesota and Missouri River Railroad Company; for a survey of the vacated portion of the Fort Randall military reserve.

A bill was passed repealing the charter of the Dakota and Northwestern Rail- way ; but was vetoed by the governor.

The bill introduced by Mr. Stutsman, conferring the right of suffrage upon Dakota women was passed by the House, but defeated in the Council-7 to 6. A bill introduced in the House by Mr. Brooks to prohibit the sale of spiritnous liquors in the territory passed that body but was defeated in the Council.

TERRITORIAL FINANCES

The territorial treasurer submitted a report on December 31. 1868, to the Legislature, as also did 1. T. Gore, territorial auditor. Among other matters dis- cussed by Mr. M. K. Armstrong, who was the treasurer, was the Indian war debt of 1862. He said :

I desire to call the attention of the Legislature to the Indian war warrants of 1802. amounting to $19.326.05. It is believed that if the Legislature would memorialize Congress on this matter, an appropriation could be secured from the Federal Government to reimburse the territory for that necessary and timely supply of men, material and subsistence in

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HISTORY OF DAKOTA TERRITORY

defending this frontier against the devastations of the hostile Sioux. [Two years later Armstrong was elected delegate to Congress and succeeded in getting the appropriation he mentions for a larger amount .- Ed.]

Receipts by territorial treasurer for 1868:

Yankton County, of Michael Fisher, county treasurer $168.98

Union County, of Wm. Searls, county treasurer 184.25

Clay County, of Ole Bottolfson, county treasurer. 100.39

Bon llomme County, no report.

Charles Mix County, of county treasurer

20.17

Balance in treasury .$

5.25

Estimates for 1869 :

Yankton County

.$ 491.59

Union County

292.72

Clay County 138.33

Bon Homme County

47.18

Amount warrants outstanding $139.75

Estimated expenditures, 1869

600.00

Territorial tax levied. 949.94

Estimated balance over expenditures

210.59

TO ABOLISHI THE TERRITORY OF DAKOT.1

An effort to abolish the territories of Dakota and Utah, by repealing their organic acts was made by Congressman Ashley, of Ohio, in January, 1869. His bill proposed to segregate Dakota, and attach the northern half to Minnesota and the southern portion to Nebraska. It was thought at the time that Ashley's move was not based upon any patriotic motive but was rather the result of personal ani- mosity toward some of the leading men in Dakota. It is not even probable that the author of the bill had any hope of passing it, or that there were a dozen congressmen who could have been brought to favor it so far as Dakota was inter- ested, but with Utah and the prevailing antagonism to polygamy, the sentiment was undoubtedly different. Still the audacity of the proposition and the disaster that it foreboded to the settlers of Dakota, created an uneasiness in the minds of our people. Mr. Ashley's alleged reasons for desiring the destruction of politi- cal Dakota were based on the general worthlessness of the territory as an agri- cultural region, incapable of supporting an agricultural population, arid, a grass- hopper land ; and must for a century at least be the habitation of our Indian tribes. Mr. Ashley was a prominent member of Congress at the time, with considerable influence which occasioned quite an apprehension in the minds of many Dakotans that he might press the measure through the House, and thus, by implication, convey to the people of the country a suspicion that Dakota was a worthless region and its independence as a territory and future state seriously threatened. This might have alarmed the emigrant and turned him into other western sec- tions ; it would also have kept away eastern capital which was very much needed. This may have been the extent of Ashley's purpose at the time, for there was not the slightest probability that his nefarious measure could be passed through the Senate, or that the President would sign it. Public meetings were held at Vermillion, Yankton. Bon Homme, Elk Point and Canton that were called "indig- nation meetings," and Mr. Ashley as well as his bill was denounced in the most vigorous pioneer language. It would have been imprudent, at least, for Ashley to have shown himself in Dakota at that time. At these various meetings, reso- lutions were adopted setting forth what had been accomplished in Dakotan development : in securing immigration ; the physical features of the territory that would be a barrier to the proposed change and other objections enumerated. These were sent to Washington and Mr. Burleigh, the delegate who presented them, made an excellent speech in opposition to the bill. Congress adjourned on the 4th of March and the Ashley bill was not even reported by the committee

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History of Dakota Territory, volume I, Part 88

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