History of Dakota Territory, volume I, Part 96

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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On motion of Bartlett Tripp each county delegation presented a name for the territorial central committee, as follows: Yankton County, Bartlett Tripp; Clay, J. L. Fisher ; Union County, E. B. Wixson ; Todd County, Stephen F. Estes ; Bon Homme, H. C. Greene ; Charles Mix, C. T. Campbell.

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Mr. Armstrong then appeared before the convention escorted by O. B. Orton, E. B. Wixson, and H. C. Greene, and made a brief speech accepting the nomi- nation. The convention then adjourned.

In the campaign following, General Todd, the old democratic leader, made publie announcement that he would not support Mr. Armstrong, but would cast his vote for Doctor Burleigh.

THE CAMPAIGN

The campaign, which it is customary to open after the nominations have all been made, had been going on, as to Spink and Burleigh, for two or three months prior to the convention in September, so that the opening of the formal campaign, after Armstrong came into the field, simply added a few torchlight processions and hosts of publie speakers. The public meeting took the place of the impromptu evening gatherings, and organization went forward with more system. It was quite plain to the unprejudiced observer before this formal campaign had made much progress that Armstrong had the natural enthusiasm of the voters with him-that is those who were supporting him manifested the greater confidence, and the active men among the masses knew better than the leaders did where there was disaffection, and who was profiting by it. Burleigh drew away from Armstrong some of the democrats through General Todd's in- fluence and through his own, but as he strengthened himself in this way he also strengthened Armstrong, who drew votes from Spink from a class who became alarmed lest Burleigh should be elected by the democratic vote, and preferring Armstrong to the doctor, dropped Spink and went to the democrats. Spink was informed of this and saw the danger to himself. The bitter personal pre- convention campaign between Spink and Burleigh had produced such a deep seated animosity that under the impression stated. though it may have been with- out any foundation sufficient to affect the result, and may have been magnified by Armstrong's friends in his interest, it produced at least a slight stampede and may have been sufficient to change the result as it would have been under normal conditions. It is well to remember that Mr. Armstrong had been for many years enjoying the closest confidential relations in business matters with nearly all the prominent leaders in the Spink faction save Mr. Spink, and his uniform success in his territorial legislative campaigns was due to their friend- ship and votes and not to the preponderance of democratic votes.

OFFICIAL VOTE

The election was held on the 11th of October, with the following vote:

County or Precinct

Spink

Armstrong

Burleigh

Union County

277

323

219

Clay County

210

176

248

Lincoln County

150

Yankton County

21.4

336

319

Bon Homme County

132

Charles Mix County.

127

Minnehaha County

110

Fort Thompson

Fort Sully

Pembina Precinct

St. Joseph Precinct.

Totals

1,023

1,198

1,102

Armstrong was declared elected.

The territorial officers declared elected were: William Shriner, Clay County, attditor : Thomas W. Hammon, Yankton, territorial treasurer ; H. W. MeNiel, Union County, superintendent public instruction.

CHAPTER XLVI FIRST BI-ENNIAL LEGISLATURE. BURBANK, GOVERNOR 1870

BURLEIGHI'S CONTEST AGAINST ARMSTRONG-SPINK ALSO BECOMES A CONTESTANT -ARMSTRONG SEATED-LAND DISTRICTS ESTABLISHED AT PEMBINA AND SPRINGFIELD-BLIZZARD FATALITIES-PUBLIC LANDS-LEGISLATURE IN FIRST BI-ENNIAL SESSION, NINTH IN NUMBER-GOVERNOR BURBANK'S FIRST MESSAGE -IMPORTANT LAWS ENACTED-DISTRICT COURT FOR NORTHERN DAKOTA-IOWA PRISON FOR DAKOTA CONVICTS-BRULE CITY'S CAREER.

The contest inaugurated by Doctor Burleigh against M. K. Armstrong, who had been declared elected as delegate to Congress by the territorial board of canvassers was based on the charge of certain illegal and fraudulent votes cast for said Armstrong in the several counties of the territory. As there was a dif- ference in the total vote of the two candidates of only ninety-six votes, throwing out of a small portion of these alleged fraudulent votes would give Mr. Burleigh a plurality, and would assure him the coveted seat unless Mr. Spink, the other unsuccessful candidate, should be able to prove that Doctor Burleigh had re- ceived a larger number of illegal votes, which he was preparing to do in the event that Armstrong should be counted out by Congress. Armstrong's vote was 1,198: Burleigh, 1,102; and Spink, 1,023; as officially declared. The board of canvassers was composed of Chief Justice French, Governor Burbank and Sec- retary Batchelder. The canvass took place on the 28th of November following the election. Mr. Burleigh's notice of contest was served on Mr. Armstrong about December 26th and alleged illegal votes for Armstrong, as follows: Charles Mix County-Joe Ellis precinct, 88 votes ; Campbell's ranche, 28 votes : total 126. Bon Homme County-Emanuel Creek, 20 votes; Yankton County-Starr's pre- cinct, 10 votes ; Yankton precinct, 30 votes; Bagstad's precinct, 10 votes; Hag- gin's Bend, 10 votes ; total 60 votes. Union County-Sioux Point, 30 votes ; at other precincts, 45 votes; total 75 votes. Clay County-Vermillion, 50 votes. In all 331 votes.

The taking of testimony was begun at Yankton in the second district court before Judge Brookings, and considerable testimony adduced showing that bribery had been resorted to though not in the interest of Armstrong particularly. The matter was carried up to the House of Representatives, and was not finally settled until 1872, Armstrong meanwhile having been given the seat on his certificate from the territorial board. Mr. Spink, in the meantime had entered the lists as a con- testant against Armstrong, though it was understood that his purpose was to defeat Burleigh's effort. Armstrong had the outspoken support of Spink's friends in the contest. for it was quite well known that so far as the bribery charge was con- cerned, it would affect Burleigh's vote quite as much as it did Armstrong's, but there was no testimony that the principals had been directly connected with the purchase of votes. It was expected that Burleigh would drop the case and not carry it to a final decision, but this expectation was disappointed.

On the 22d of February, 1873, the House of Representatives decided the contest cases of Burleigh and Spink against Armstrong, giving the seat to Arm-

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HISTORY OF DAKOTA TERRITORY

strong, and also decided the validity of the election held on Indian and military reservations. The following is quoted . from the proceedings :

Mr. Merrick: "I ask to take up the report from the Committee on Elections in the contested election case from Dakota. It will save the House trouble if I make a brief state- ment. The report of the committee goes to the validity of the elections held on military reservations and also to elections held on Indian reservations. The committee determined it was not valid under the laws of Dakota to hold an election precinct within an Indian reser- vation, but it also held it was perfectly competent to hold a poll within a military reservation, because military reservations are simply the temporary occupancy of public lands by the Federal Government without any severance of sovereignty so far as the territories are con- cerned.

"The committee find on that state of the case, admitting the validity of the returns of an clection held on a military reservation, the sitting member is duly entitled to his seat. They find further, even throwing out a few altogether and dismissing the returns in favor of either party on a military reservation, there were sufficient illegal votes thrown in behalf of the contestant which, subtracted from his account, still leaves the sitting member entitled to the seat. Without further discussion [ submit a resolution that Mr. Armstrong is entitled to the seat, with a supplemental resolution providing for the payment of the contestants."

The clerk read as follows: Resolved, That Moses K. Armstrong was duly elected and is entitled to retain his seat in the Forty-second Congress as delegate from the Territory of Dakota.

Resolved, That there be paid out of the contingent fund of the House, W. A. Burleigh. $1,428, and to S. L. Spink, $6So, the same being for their actual, reasonable and necessary expenses incurred in prosecuting their contests for a seat in the House as delegate from the Territory of Dakota.

Mr. Holman demanded a separate vote on each resolution.

The first resolution was agreed to unanimously.

The llouse divided on the second resolution, and there were ayes, 86; noes, 42. So the resolution was agreed to.

NEW LAND DISTRICTS

The Springfield Land District was established by act of Congress, approved May 5, 1870, with the following described boundaries, viz :

Commencing on the Missouri River at the intersection of the line between ranges 57 and 58 west; thence north with said range line to the intersection of the line between town- ships 120 and 121 north; thence west on said township line to the west line of the territory; thence down said line to the southern line of the territory : thence east to the place of begin- ning. Said district as above bounded shall be known and designated as the Springfield district, and the office of said district shall be located at the Town of Springfield, or such place as the President shall direct in the Territory of Dakota.

The Pembina Land District was established by act of Congress, approved May 5, 1870, at the same time and in the same act establishing the office at Spring- field. S. L. Spink was then the delegate in Congress. The district was bounded and described in the act as follows :

That portion of the territory bounded on the east by the western boundary of the State of Minnesota; on the south by the line between townships 120 and 121 north; on the west by the west line of the territory; and on the north by the 49th degree of north latitude; which district shall be known as the Pembina district; and the office of said district shall be located at the Town of Pembina or at such place as the President shall direct in said terri- tory and the President of the United States shall have power to change the location of said land office in said territory, from time to time, as the public interests may seem to require.

Prior to the opening of this office there had been but one claimant for land in that portion of the territory. This was Joseph Rolette, who filed at the land office at Vermillion, that being the only one in the territory, and its jurisdiction covering the entire territory. The first persons to file at Pembina were Judson LaMoure and William R. Goodfellow, who had resided in the southern part of the territory. in Union County, as early as 1860.

The southern boundary of the Pembina district extended as far south as an east and west line drawn through Milbank, thus covering area considerably

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HISTORY OF DAKOTA TERRITORY

greater than the present State of North Dakota. There was considerable immigra- tion at the time into the country bordering the Big Stone Lake and Lake Traverse, and extending down the Red River to Fort Abercrombie.

The Vermillion District known in the organic act as the Yankton Land Dis- trict, embraced all the territory bounded on the north by the 5th standard parallel ; east by the eastern boundary of the territory; south by the Missouri River, and west by the western boundary of Yankton County, extended north to the said 5th standard. Vermillion was the seat of the land office. These districts were defined by act of Congress, but at the same time, June, 1870, Congress enacted that the President should have authority to change the boundaries, and also the seat of the land office whenever he might deem it best for the public interest.

DEATII IN THE BLIZZARD

A heart-rending case of fatal freezing occurred near Vermillion during the blizzard which began January 20, 1870. Mr. C. W. Dowd, with his wife and three young children, undertook a trip across the prairie, from seven miles above Ver- million, intending to reach the town and secure more comfortable quarters than their claim house afforded. The storm was raging fiercely, and there was plenty of food and some fuel in the house, and the venture to seek other shelter under the circumstances, with his little family including his wife, was imprudent and hazardous, and the resolve of Mr. Dowd to undertake it is unaccountable. The dread occasioned by the storm must have affected his mind, and deprived him of all judgment. The family was bestowed in a lumber wagon as comfortably as pos- sible, considering the fury of the winds, and started on their journey. The cold was intense ; the storm increased in violence. The air was filled with snow, cov- ering the faces of the animals, blinding them, and they refused to travel in the teeth of the gale, insisting upon turning despite Dowd's best efforts to keep them in the right direction, as he supposed. The suffering of his wife and children became so painful that the husband was obliged to take them out of the wagon, and give them a chance to exercise their bodies in order to keep from freezing. He thought they could follow behind the wagon, but this they were unable to do, and one by one they fell by the wayside literally frozen to death, until all had per- ished except Dowd himself, who though badly frozen finally reached a habitation three miles from the town, where he was cared for. He survived after a long struggle, but the appalling bereavement, coming so suddenly, and with such shock- ing force, undermined his ambition, and left him the wreck of his former self.

A genuine Dakota blizzard opened its batteries upon the settlement of the territory on the 13th of March, 1870, in the evening, and continued for three days. The temperature was not dangerously cold, but long exposure to the elements would so weaken a person that exhaustion would follow, and to be overcome exposed to the storm and drop asleep was sure to be followed by fatal results. The ground was covered with a heavy blanket of snow at the time which served to feed the fury of the gale, and literally filled the air. It was a dangerous storm, and the blinding snow made it extremely hazardous to venture out of doors. A large number of cattle were lost to the farmers of the territory, having been driven out of their winter quarters to the prairie pastures during the mild weather of a week or two that preceded the storm. Captain Waldron, of Yankton County, lost fifty head from a herd that he had bought the previous summer in Kansas. The animals were suffocated by the snow which covered their faces, melting and freez- ing until their heads were encased in a solid cake of ice. The aggregate losses in the territory ran up to many hundreds. It was regarded as the most destructive storm in respect to live stock fatalities that had visited the territory since its settlement. Not many persons were caught away from shelter by the storm, due to its breaking forth in the early night of the 13th; but there was one heart- rending and fatal experience which deserves a place in this record, if for no other reason than as a warning to others. On the Sunday morning preceding the

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HISTORY OF DAKOTA TERRITORY

storm, which began about 9 o'clock the same evening, Charles Greeno and William Gray, a young brother of Mrs. Greeno, thirteen years of age, left Greeno's farm about twenty-five miles above Yankton on the James River for a visit to town where young Gray's parents resided. Their conveyance was an open lumber wagon drawn by a yoke of oxen. When within six or seven miles of town, one of the oxen became exhausted and refused to walk and Greeno concluded to give him an hour's rest. It was then after dark, and before the hour expired the storm broke loose. An empty cabin stood nearby, and this was taken posses- sion of as the best shelter to be had for the night if the storm continued. The cabin had been loosely built, and the snow found its way in and piled up in drifts so that it was barely more comfortable than no shelter. Greeno housed his oxen on the side of the cabin which he thought the least exposed, and then made a fire, using the door of the cabin, his wagon-box, and finally his ox-yoke, for fuel : but this did not give much relief. The cold was intense, and the little boy was much the greatest sufferer. Greeno had three or four overcoats of different kinds that he was accustomed to carry in his wagon, and with these he made the boy as com- fortable as he could ; he also took off his boots and stockings and gave them to the little fellow, reserving a pair of overshoes for himself. There was no abate- ment of the terrible gale and drifting snow. The night was passed stamping in the snow which drifted in through the crevices between the logs. The boy, Greeno covered up with the overcoats, permitted him to sleep a little. The only food they had when they left home was two biscuits, and these they had caten Sunday. Monday and Tuesday passed and the storm continued unabated. Little Willie was growing quite weak as Greeno despairingly observed. Wednesday morning the lad's condition appeared so critical that Greeno resolved to brave the storm with him and make an effort to reach an inhabited cabin that he believed was not more than two miles away. Willie had complained very little and was willing to undertake the trip. They had been seventy-two hours with- out food, and during this time had been partially benumbed with cold. Greeno's anxiety for the boy, he believed, kept himself from falling asleep and perishing. The oxen had broken away from the cabin on Monday or Tuesday, and were out in the storm. Greeno and the boy finally started for the settler's cabin two miles away, but they had made but little progress when Willie gave out and de- clared he could not walk, and asked to be taken back to the cabin. Greeno was so weakened that he could not carry the little fellow, and was obliged to return, which they did with great difficulty. Greeno realized that the boy's condition had become dangerous ; he tramped out a place in the snow and made a bed of the over- coats. Willie declaring in a weak voice, that he felt quite comfortable, but his brother-in-law felt that he was dying. Just then the ox that had given out on the road, rushed into the cabin as if crazed, stood a moment lashing its tail, when it fell over, dead, knocking Greeno to the ground, and partially covering the dying boy whom Greeno believed was dead before this happened : but he was himself too near a collapse to remember anything distinctly. Ile pulled his knife, how- ever, and made an effort to ent a piece of meat from the ox; but after cutting into the animal was unable to draw out his knife and left it. He spent the day and the following night at the cabin : the storm quieting down Wednesday night, and Thursday morning he started off toward a cabin he saw in the distance. He nearly perished on this journey. He fell over three or four times, and with great difficulty managed to regain his feet. He finally caught a glimpse of a man and team a long distance off, and immediately shouted to him, and gave all the sig- nals of distress he could think of to attract his attention, which he finally did, and the man came hurriedly to his relief, knowing that it must be some one who had been caught in the storm. When Greeno saw that his cries and signals had been observed he fell into the snow nearly unconscious. His deliverer proved to be an acquaintance from town, J. O. Johnson, who was out on a wood hunting expe- dition. Johnson took the unfortunate man to Yankton, where he received such attention as his condition demanded, and in time-late in the spring - recovered.

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HISTORY OF DAKOTA TERRITORY

losing a large portion of both feet, which required amputation. The overshoes had protected his feet much better than the boots and stockings could have done. Little Willie was removed from his bed of snow, stark and cold in death's em- brace, and buried in the Yankton cemetery the following Sunday. Willie's parents resided in Yankton, and Josiah Gray, well and favorably known, was an elder brother. Greeno was 110 hours without sleep or food, and benumbed with cold. His escape from death was regarded as providential, and his endurance, all the conditions considered, as almost unparallelled.

PUBLIC LANDS

In the winter of 1870 the question of offering the Government lands in cer- tain portions of the United States at public sale, a plan that had been in vogue up to the year 1862, when the homestead law was enacted, was generally agitated and the subject was discussed in the newspapers of the country, the weight of opinion being decidedly adverse to the proposition. Congressmen were beset by strong interests desirous of securing large tracts of choice lands, and bills were presented in Congress authorizing the sale of lands in districts where the land had been open to preemption and homestead a number of years, and had not all been taken. The people of Dakota were strongly opposed to any sale; public meetings were held in the various communities of the territory, and resolutions adopted expres- sing the hostile sentiment of the people which were forwarded to Congress. The effort finally grew so unpopular that its advocates were obliged to drop it, and it was never thereafter revived. The settlement of the public lands, especially in the Northwest had been retarded during the '6os by the Civil war and the wide spread Indian troubles, at this time happily ended ; and immigration revived early in the decade beginning with 1870, and the steady and moderately growing in- crease in the absorption of the agricultural lands has been the history of the occu- pation of Dakota by actual tillers of the soil.

The first year of the decade mentioned was rendered somewhat remarkable in the annals of early Dakota because of the increase in the amount of Govern- ment lands taken up by actual settlers largely, which was shown by the records of the land offices at Vermillion, Clay County, and Springfield, Bon Homme County, though the last named office was not opened until October 2Ist of that year, and a third office at Pembina on the 19th of December, from which no returns are given during the brief time the office had been prepared to receive filings. The amount taken in the several counties is shown in the annexed statement: Yank- ton, 80,041.83; Lincoln, 61,041.42 ; Union, 46,919.77 ; Bon Homme, 46,483.31 ; Minnehaha, 37.377-35 : Brookings, 2,172.24 : total, 359,861.53 ; and of this amount 217,209.21 acres were taken under the pre-emption law, though the homestead law had been on the statute book eight years. It does not appear that any filings had been made up to this time in either Turner or Hutchinson counties, but both had been receiving the vanguard of its pioneers for possibly a year prior to this statement. It was estimated that the increase of population in the territory during the year amounted to about ten thousand, and that practically all of it had come in after June Ist, and after the federal census was taken, and had in great part found homes on the public lands. For the new land offices mentioned, L. Norton was appointed register and Gabriel A. Augersberg, receiver, at Springfield ; and Enos Stutsman, register, and Geo. F. Potter, receiver, at Pembina.

LEGISLATURE-FIRST BIENNIAL SESSION

In the Legislative Appropriation Bill passed by Congress and approved March 3. 1869, it was provided :

That hereafter the members of both branches of the Legislative Assemblies in the several territories shall be chosen for two years, and the sessions of the Legislative Assemblies shall be biennial, and each Legislature shall, at its first session after the passage of this act, make provision by law for carrying this act into effect.

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Under this law and also under the law of the territory then in force, members of both branches of the Legislative Assembly of Dakota were elected at the election held in 1809; but inasmuch as the session of the Legislature was held in 1869-70. it was deemed necessary, under the clause in the congressional act providing that "each Legislature shall, at its first session after the passage of this act, make pro- vision by law for carrying this act into effect," to elect the members of the House of Representatives at the election held in 1870, as provided by the law of the ter- ritory which was accordingly done and a Hlouse composed partly of the members elected the year before was chosen.

This action raised the question which of the two Houses would be the lawful body, and the secretary of the territory would be called upon to decide at least in the first instance, which one he would recognize ; and in order to have the matter passed upon by the highest authority available, Mr. Geo. A. Batchelder, then sec- retary, submitted the problem to Ilon. Hamilton Fish, secretary of state of the United States, who in turn submitted it to Hon. A. T. AAckerman, attorney general of the United States, who delivered an opinion discussing the question at length, concluding with :

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History of Dakota Territory, volume I, Part 96

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