History of Dakota Territory, volume I, Part 97

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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Hence. I am of opinion that the Legislature chosen in October. 1869, is, in both branches, the lawful Legislature of the territory for the space of two years from the commencement of its term, and that its successor should be chosen in 1871, at a time to be fixed at its first session.

Accordingly the Legislative Assembly elected in 1869 was duly recognized and the members thereof convened for the ninth session, at Yankton. the capital, in Stone's Hall, on Monday, December 5, 1870. The governor and the secretary of the territory had offices in the same building. The capitol building heretofore used for the sessions of the Legislature had been rented for other purposes since the change to biennial sessions, hence new quarters had been provided for the law makers.

The Council was called to order by Amos F. Shaw, the secretary of the preced- ing council, who called the roll of members, when the following named persons answered to their names :

First Legislative District, Union, Lincoln and Minnehaha counties J. C. Kennedy, Emory Morris ( Union), and William M. Cuppett ( Lincoln ). Second District. Clay County-Silas W. Kidder, Nelson Miner, and John W. Turner. Third District, Yankton and Jayne counties-Charles H. Meintyre, James M. Stone. Jacob Branch and Moses K. Armstrong ( Yankton ). Fourth District, Bon Homme and Hutchinson counties -- Ilugh Fraley ( Bon Homme). Fifth District, Charles Mix and Buffalo counties-William McKay ( Charles Mix). Sixth Dis- trict, Todd and Gregory counties ( not represented at this session ).

Chief Justice French then administered the oath of office to the members elect : whereupon Mr. Morris, of Union, nominated Mr. Brauch, of Yankton, for temporary president of the Council; and Mr. Armstrong nominated John W. Turner. A ballot being taken, Mr. Brauch was elected, and took the chair. Har- vey J. Brisbine, of Yankton, and George T. Rea, of Lincoln, were placed in nomi- nation for temporary secretary, and Mr. Rea was chosen.

The Council then adjourned until I1 o'clock A. M. Tuesday. The House of Representatives was called to order by George 1. Foster, chief clerk of the pre- ceding House, who called the roll of members, and the following persons answered to their names :

First District, Union, Lincoln and Minnehaha counties-Charles Allen ( Min- nehaha ). O. B. Iverson, C. P. Dow, John C. Sinclair, Sterling I .. Parker ( Union). H. A. Jerauld ( Lincoln). Second District, Clay County-F. J. Cross, Andrew T. Mills, Randolph Mostow, Amos F. Shaw, Noah Wherry, and Philip Sherman. Third District, Yankton and Jayne counties-George 11. Hand. Nelson Learned. Ephraim Miner, A. P. Hammon, and Ole Sampson ( Yankton). Fourth District, Bon Homme and Hutchinson counties-James Keegan, Elias W. Wall (Bon

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Homme). Fifth District, Charles Mix and Buffalo counties-Joseph La Roche, William Holbrough ( Charles Mix). Sixth District, Todd and Gregory counties- Not represented. Seventh Representative District, Pembina County-John Han- cock, elected to succeed Enos Stutsman, resigned to accept registership of the Pembina Land District.

The oath of office was then administered to the members by Associate Justice Brookings.

A temporary organization was then effected. Mr. Hand nominated Amos F. Shaw for temporary speaker, and Mr. La Roche nominated Philip Sherman, of Clay. Mr. Shaw was elected and took the chair.

George I. Foster was then elected temporary chief clerk, when the House adjourned until II A. M. Tuesday, the 6th inst.

On the second day the Council was unable to effect a permanent organization owing to a disagreement among the republican members, who were in the majority. Emory Morris was the leading republican candidate, and John W. Turner, the democratic candidate. A ballot was had, resulting in six votes for Morris, viz .: Messrs. McIntyre, Stone, Brauch, McKay, Cuppett and Kennedy, 6. Morris and Miner voted for Kidder ; Armstrong and Fraley voted for Turner ; Kidder voted for Miner, and Turner for Fraley. There were twelve votes cast, requiring seven to elect. The Council then adjourned until the following day at 10 o'clock.

The House met on Tuesday morning, and after roll call and prayer proceeded to the election of a permanent speaker. Mr. Miner nominated George H. Hand, of Yankton, and Mr. Mostow nominated Amos F. Shaw, of Clay; and Mr. La Roche nominated Sterling L. Parker, of Union. A ballot being had, Mr. Hand received the votes of Messrs. Leonard, Miner, Hammon, Sampson, Iverson and Jerauld. 6. Mr. Shaw received the votes of Messrs. Allen, Cross, Mills, Mostow, Wherry and Dow, 6. Mr. Parker was voted for by Messrs. Sinclair, La Roche. Sherman and Kennedy, 4. Mr. Sherman received the votes of Messrs. Keegan, Wall and Holbrough, 3. Mr. Hand voted for Mr. Hammon, and Mr. Parker for La Roche. No choice, whereupon the House took a recess until 2.30 P. M., when the body again met and proceeded to ballot for speaker, the result being : Hand, 7 : Parker, 3 ; Shaw, 7 ; Hammon, 2; La Roche, I ; Sherman, 2. No choice, and the House then took a recess for one hour, during which time the differences existing in the republican membership were amicably arranged, and upon recon- vening Mr. Hand was elected speaker by a vote of 18 to 2 for Sherman, and two blank ballots. Those voting for Mr. Hand were Messrs. Allen, Iverson, Dow, Sinclair, Jerauld, Cross, Mills, Mostow, Shaw, Wherry, Leonard, Miner, Hammon, Sampson. Wall, Holbrough, 18. Mr. Sherman received the votes of Messrs. Keegan and La Roche. Mr. Hand was declared elected speaker. and escorted to the chair. The following subordinate officers were then elected : George I. Foster, Yankton, chief clerk ; C. B. Valentine, Union, assistant clerk ; John McClellan, Minnehaha, sergeant-at-arms; E. C. Stacy, of Clay, fireman ; Eugene Williams, of Union, messenger ; and Rev. Joseph Ward, Yankton, chap- lain.

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The usual committee to notify the governor and Council were then appointed, when the House adjourned until 10 o'clock Wednesday.

The Council met on Wednesday, the third day, and after the usual prelimina- ries proceeded to ballot for president. Six ballots were taken, all restilting as on yesterday.

After the sixth ballot, Mr. Turner withdrew as a candidate, making the fol- lowing explanatory remarks :

Mr. Chairman : We have now reached the third day of our session and have cast thir- teen unsuccessful ballots for president of this body, and are still no nearer a permanent organization for business than on the first day we convened. I am a democrat, and my party in this Council is in the minority, but I have considered it a duty to my political associates here who have nominated me and supported me with unflinching devotion to remain as their candidate before this body until all honorable efforts towards my election proved unavailing.

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and the interests of the people began to suffer. I am well aware that the few democrats in this body have the balance of power to prevent a permanent organization, but while I claim to be a strict party man, I do not consider it my sworn duty as a representative of the people to remain a candidate here for the purpose of blocking the wheels of legislation. This has never been the policy or intent of the party to which I belong, and I do not now desire to stake my own greed for office against the suffering interests of the territory. Thanking my political associates here for their persistent and unwavering support in my behalf, 1 most respectfully withdraw my name as a candidate for the presidency of this body and hope upon the next ballot the republican members of the Council may make choice of a president, that we may at once proceed to the performance of the duties for which we were sent here.

The balloting for president then proceeded, Messrs. Turner, Fraley and Armstrong having been excused from voting. The ballot resulted: Morris, 5; Miner, 1; Kidder, 2; MeIntyre, 1 ; and Morris was declared elected, and was escorted to the chair by Messrs. McIntyre and Turner, upon taking which he addressed the Council as follows :

Gentlemen of the Council: Allow me to express my humble, sincere gratitude for the marked respect you have shown me. I accept the position with which you have honored me with appreciation of its grave responsibilities. So far as my feeble judgment and limited experience will enable, I shall studiously endeavor so to discharge its duties as to merit your worthy cooperation. And I shall entertain the fond hope that all our deliberations, guided by a profound regard for the general public welfare of our territory, and aided by the divine power upon which depends the existence of all governments, may be attended with associa- tions pleasant to ourselves and result in the advancement of the real benefit and true happi- ness of every individual within the influence of our action. I thank you for your attention.

The permanent organization was then completed by the election of the fol- lowing officers: George T. Rea, of Lincoln County, secretary ; H. C. Greene, of Bon Homme, assistant secretary; Louis Sampson. Yankton, sergeant-at-arms ; Andrew Ranner, Union, fireman; Robert Crew, Clay, messenger; Rev. P. B. Morrison, Clay, chaplain.

The usual committees were appointed to inform the governor and the House of the organization.

Mr. Turner introduced a memorial to Congress asking for the extension of the session to sixty days; and Mr. Armstrong presented a memorial for the amendment of the pre-emption law, extending the time of proving up, when the Council adjourned.

The delay in the organization of the Legislature arose from antagonisms growing out of the late election when the republicans were divided between Spink and Burleigh, candidates for delegate. While no particular significance attached to the selection of the speaker or president so far as the proceedings before the Legislature were concerned, it seemed desirable by each faction to secure such endorsement, and the Spink faction won in both houses. While the democrats did not contribute directly to this result, their moral support was with the victorious side owing to the report that Mr. Burleigh would proceed to contest the seat awarded to Armstrong, and steps had already been taken with this in view. It will be borne in mind that the members of the Legislature were elected in 1860, but no session of the Legislature was held that year, and the attorney- general had decided that the members then elected were the lawful members of this present Legislature. All parties had nominated and voted for members of the House in 1870, and had the opinion tipheld this last election, the democrats would have had a good majority of the House.

On the fourth day the two Houses met in joint convention and received the governor's message, which was delivered in person, and is herewith presented. because of the official information it furnishes regarding the material conditions of the territory :

BURBANK'S FIRST MESSAGE

Gentlemen of the Council and House of Representatives :

In accordance with the usual executive custom I communicate to you from the sources of information which I have at command the condition of public affairs in this territory.

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and recommend for your consideration and legislative action such measures as, in my judg- ment, will promote the general welfare of the people.

BIENNIAL SESSIONS .- By an act of Congress, approved March 3, 1869, it was provided that thereafter the members of both branches of the Legislative Assemblies of the several territories should be chosen for the term of two years, and that the sessions should be biennial instead of annual, as before: also that at the first session after the passage of that act each Legislature should make provision by law for carrying the act into effect. In the absence of the necessary appropriation to provide for the expense of a meeting of the Legislature last year I did not deem it advisable to call the members together. I see no cause now to regret the course taken in this respect, as I am not aware that any public interests suffered thereby ; while the rapid increase of our population during the past year, and the occurrence of various events of interest within that time, will bring up questions requiring action upon your part in many important particulars. This being the first meet- ing since the passage of the act referred to, it will be necessary to so change the laws of the territory affected by it as to make them conform with its provisions. It is perhaps unneces- sary that 1 should, in this connection, admonish you, in view of the changes that have taken place within the past two years, and the fact that two years more must elapse before the assembling of another Legislature, that the short time which you are allowed to remain together should be employed so as to yield the largest possible amount of wise and judicious legislation.

CODIFICATION OF THE LAWS .- With those to be enacted at the present session, the terri- torial laws will be comprised in nine different volumes, the work of as many legislative bodies. Their revision and codification has become a matter of the greatest importance, and the difficulty and uncertainty growing out of the present want of systematic arrange- ment is well known to all who have occasion to refer to them. I recommend that you provide by an act of the Legislature for the proper performance of this work by competent persons at the earliest practicable moment, and look to Congress to indemnify the territory for any expense thereby incurred. The value of law lies in its certainty; and nothing so detracts from the good effects of legislation as frequency of amendment, change, and the confusion and fragmentary character of badly arranged, illy digested and poorly expressed laws.

TERRITORIAL FINANCES .- By an act of the Legislature the territorial auditor and treas- urer are allowed until the first week in January in which to prepare and lay before you their reports. I am not, therefore, at this time in possession of accurate official information rela- tive to the financial condition of the territory. At the proper time, however, I presume you will be furnished with detailed reports from those officers, and I am led to believe that the showing will be a favorable and satisfactory one.

EDUCATIONAL MATTERS .- By a letter received from Hon. T. McK. Stuart, dated Septem- ber 9, 1869. I was notified of his resignation of the office of superintendent of public instruc- tion, to which he had been elected, and I subsequently appointed Hon. James S. Foster to fill the vacancy, subject to the approval of the Council. His report has not been received by me, but it will probably be laid before you some time during the present week, as provided by law, and it will doubtless contain some suggestions of importance for you to act upon. The common school system of the territory is yet in its infancy, but there is an undoubted disposition on the part of our intelligent population to give it an active and earnest support. While we have the experience of the old settled eastern states, as well as that of the younger but equally vigorous and prosperous western ones, to profit by, there is certainly no reason why our system should not be made as near perfect and as successful in its opera- tions as any that can be devised.

TERRITORIAL PENITENTIARY .- By the provisions of an act of Congress, approved January 22, 1867, the net proceeds of the internal revenue of this territory for the three fiscal years ending June 30, 1868, were to be set apart for the purpose of erecting a penitentiary building. I am informed, however, by a letter received from the secretary of the treasury, in response to one addressed to him on the 4th of July last, that the expense of collecting revenue in this territory during the period named exceeded somewhat the amount of the collections made. As it is highly important that the territory should be provided with a suitable peni- tentiary, it will be necessary to take some other steps looking to this end.

INSANE PERSONS .- It is also important that some provision should be made for the custody and treatment of insane persons. The care of their property is provided for in our laws, but we have no enactment under the authority of which the persons themselves may be properly cared for. Humanity dictates that this unfortunate class of persons, however few may be their numbers, should not be neglected when prompt and careful treatment might result in their permanent recovery. In view of this, it is important that provision should be made for their removal to the asylums of neighboring states until their wants can be properly met within our own borders.

PREEMPTION LAWS .- It has been decided by the commissioner of the general land office that the provisions of the second section of the act of Congress approved July 14. 1870, entitled ".An act to extend the provisions of the preemption laws to the Territory of Colorado and for other purposes." apply also to this territory. The enforcement of this law as thus interpreted would result in a very great hardship so far as a large proportion of the settlers of this territory are concerned, requiring them to prove up and pay for their claims within

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a year after the passage of the act, and before they will have time to raise another crop, without reference to their past misfortunes or their ability to do so. The task of reclaiming and subduing the wild and untilled prairie is at first a hard and unsatisfactory one, but the industrious immigrant, however small may be his possessions when he begins the work, must inevitably succeed in a few years in bringing about his own worldly prosperity and independence if he has only the elements to contend with. So different would be the work- ings of this law from the usual liberal policy of the Government when dealing with its poor but industrious citizens, and so manifest must be the hardships which will result from it, that ] trust it may be one of your first acts to memorialize Congress for such a change in its provisions as will enable the settler to so far reclaim the wild land which he seeks to render habitable as to insure for himself a living thereafter before being compelled to pay for it.

INDIAN AFFAIRS .- Under the wise and humane policy of President Grant marked prog- ress has been made by the different Indian tribes in this territory towards civilization. As their ability to supply the food and raiment necessary to their comfort has been lessened, their wants have been met through the bounty of the Government, while they have also been encouraged to cultivate the soil, instructed in the arts of peace, and directed in the paths of Christianity. The wild and savage nature of the Sioux Indians cannot be changed in a day. but the treatment they are receiving is having a marked effect upon them. The char- acter of the food, in itself, with which they are supplied has a tendency to change their wild nature very materially from what it was when they fed alone upon the buffalo and other animals caught in the chase. With their progress towards humanization, it is important that an ambition to rise higher in the scale, and to become intelligent producers instead of indolent consumers, should be implanted within them. Unless this can be done, their future career must necessarily be a brief one, since the rapid settlement of the country will soon leave them no spot upon which their wild and savage disposition can be satisfied, and it is clearly not in accordance with the spirit of our free institutions that one class of people should live solely upon the industry of another. It must be confessed, however, that the class of people who are making their homes upon our broad prairies bestow much less thought upon questions growing out of the future civilization and prosperity of the red man than they do upon the one of greater importance to them, whether or not their own safety may be fully assured while building homes for themselves and their posterity. In this respect a marked improvement has been shown the past year. The few companies of troops stationed at the different agencies have served to effectually prevent trouble, their presence alone proving sufficient to convince the Indians that while the Government was disposed to deal justly by them, it was also determined to require a strict observance of treaty stipula tions in return. Our frontier now rests in security, and the husbandman turns the sod without fear of the whoop of the savage or the crack of his rifle. I trust that this feeling of security may be still more firmly fixed in future, and that, as the Indian shows a dispo- sition to accept the new order of things and shake off his wild nature, the old condition of fear and hate between him and the white man may pass away.

RAILROADS .- Up to the present time the settlement of the territory has been confined almost entirely to the lands bordering upon the Missouri River and tributary streams in its southeastern portion, and even here the difficulty of securing a regular and constant market, dependent upon a reliable and speedy means of transportation, has prevented the farmer and grazer from realizing as much from the care and labor bestowed as they could have desired. Before the meeting of another Legislature the Northern Pacific Railroad, which passes through the northern portion of the territory, will doubtless have been com- pleted across our border. This will open up to settlement a vast portion of country which, in its present isolated situation, offers almost no inducements to the immigrant, but which, with the facilities which this great thoroughfare will afford for communication with the world at large, will be rapidly settled and cultivated. Several other lines of railroad are also projected through the southern and central portions of the territory with a view to their eventually forming a part of the great iron network which is soon to cover the whole of our vast country. For these lines, bills asking for grants of land to aid in their construc- tion are pending before Congress and in some instances have already passed one branch of the National Legislature. We can scarcely estimate the value of these proposed roads as mediums of communication, and as instrumentalities in the speedy development of our wonderful agricultural resources. While we should memorialize Congress to encourage with need ful and even generous aid these works, we should protest against any policy which may undermine our greatest bulwark of national strength-the natural right of labor to the soil- by sapping the foundations of the homestead and preemption laws, which insure our fertile soil to the hardy yeomen of the nation. Let us sec to it that all lands granted in aid of these roads shall be guarded hy such restrictions as will secure to actual settlers the lands so granted. in quantities not greater than 160 acres to any individual, and at a price not greater than $2.50 per acre, and that the alternate sections shall be obtained only by homestead and preemption as at present. These laws are our boasted blessing, which extend their broad arms of protection around the homes of the pioneer and make continued appeal to every citizen of the world to come forward and "emancipate the soil" by industrial develop- ment-to build homes and establish a patrimony for their children, loyal to our Government and sacred to her free institutions. We should look with jealous alarm upon any policy Vol. 1-36

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which may cripple or abridge the benignant action of these laws, or which may bar and bolt the doors of our national heritage and give the keys of bondage to rapacious and close- fisted monopolies, when millions of industrious and landless poor are knocking at our threshold and begging for the privilege of raising their own bread.

ECONOMY .- In the conduct of public affairs I recommend an economy bordering on parsimony. The territory is yet in its infancy, and though vigorous and promising, it requires only that aid which will promote a natural and healthful growth; and while she remains in her swaddling clothes of claim shanties and partially cultivated settlements, and under the care of the mother Government, we should shape our expenditures to the lowest possible fraction.

THE FUTURE .- The present winter will probably be marked by the historian as the crisis for Dakota. The partial failure of the crops in sections where the lands are still new and unreclaimed. and the large influx of settlers, coming, in many instances, without the neces- sary means of subsistence or the proper safeguards against the severity of our northern climate, may cause, to some extent, privation and discouragement. In the future prosperity of the territory, however, I have the greatest confidence and I do not doubt that with the opening of spring will begin a steady onward march, resulting in the speedy development of our abundant resources ; and that another decade will find upon our fertile soil as yet a stranger to the plowshare the myriad dwelling places of a hardy, vigorous and intelligent people, surrounded by the innumerable blessings bestowed by a kind Providence upon the citizens of a great and free republic. JOHN A. BURBANK.

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History of Dakota Territory, volume I, Part 97

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