History of South Dakota, Vol. I, Part 27

Author: Robinson, Doane, 1856-1946. cn
Publication date: 1904
Publisher: [Logansport? IN] : B. F. Bowen
Number of Pages: 998

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mitted to his confidence. We then, before looking at the returns, determined upon the course to pursue. The law provided that we should canvass, i. e., search into the count, the votes as returned by the county registers. We had no means of examin- ing and taking testimony in relation to individual voters and hence determined to hear testimony in re- lation to the election in the several precincts; and if its general character and conduct was grossly and intentionally fraudulent and illegal, we would consider the whole poll as tainted and reject the precinct. We regretted that we had not the means of separating the honest votes from the fraudulent ones, but in the absence of that power felt it our duty, when the votes clearly, and upon system fraudulent, outnumbered the hon- est ones, to treat the whole poll as a fraud. We were confirmed in this view by our position and that of our political friends in relation to the first election in Kansas. We had both, one in Kansas and one in Washington, been active participants in the exciting scenes that to some extent initiated the present rebel- lion. * * * * What we believed the law then, we considered so now, and felt no hesitation, though we greatly regretted the necessity of applying the rule to frauds in Dakota. We held our canvass pub- licly and announced the rules that would govern us. Evidence only was submitted pertaining to the two precincts of Charles Mix and Bon Homme. At the

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former precinct it was shown that about one hundred Iowa soldiers were allowed to go plumming. That they crossed the Missouri river from Fort Randall and went in squads to the Charles Mix precinct and voted. Many acts of rowdyism were proved which did not affect the main fact that more than two- thirds of the whole vote was cast by citizens of Iowa. The attention of Governor Jayne was called to this evidence and he was told that the board would give him time to rebut it; but he replied that he consid- ered that the Iowa soldiers had a right to vote if they chose. The law expressly provides that no sol- dier, officer or private, other than those who resided in this territory previous to and at the time of their enlistment, shall be entitled to vote in any election in said territory. *

* * We therefore rejected the return of Charles Mix.

In relation to the return from Bon Homme, in- correctly charged as having been counted by us, evi- dence was submitted on behalf of Governor Jayne that the vote returned was not cast between the hours fixed by law; but that at the close of the regular poll the ballot box was forcibly taken possession of, the ballots destroyed and a new poll opened. To rebut this, evidence was offered on behalf of General Todd that no force was used; but a new polling was de- manded by his friends from the fact that on count- ing the ballots at night but thirteen of thirty-nine ballots found in the box were for him, when twenty- six out of the thirty-nine persons voting claimed that they voted for him. That the box had during the re- cess at noon been in the possession of his enemies and they were charged with changing the ballots; but we held that even if his claim was true that a new poll after the hour was not the remedy and we rejected the return.

The return from Brule Creek in Cole county-the only county where there was more than one precinct -was made separate from the others and it was claimed by General Todd that the poll was grossly fraudulent, in that a majority of the tickets against him were secretly put into the box the night previous to the election, by and on behalf of non-residents and minors and he asked time to obtain evidence to sub- stantiate the fact. We refused his request, both be- cause he already had sufficient time and because we did not then believe the facts to be as since proven.

General Todd also asked the board to adjourn for a month to receive the return from Pembina in- asmuch as its receipt was supposed to be delayed in consequence of the Minnesota Indian outbreak. This request was refused inasmuch as we interpreted the requirement to "proceed to canvass" to require a con- tinuous session until the work was completed. We did, however, adjourn from day to day for a few days, but the return did not arrive and the result was declared.

Thus in brief were our proceedings and now we believe that if the friends of either party had any right to complain of our action it is those of General Todd and not those of Governor Jayne.

We should also add, perhaps, that shortly after the close of the canvass the return from Pembina was received and giving a majority for General Todd of one hundred six votes; also a return from Minnehaha county, giving a majority of twenty-three votes for Governor Jayne. Of the former we know nothing only that gross frauds are charged upon it by the friends of Governor Jayne, but of the latter we know that at the time when the election purports to have been held, not a person was in the county except hos- tile Sioux Indians, and its fraud was so apparent- knowing as did the secretary that not even the form of an election was held there it was never treated as a return. * * * *

May we not hope that your honorable body will decide the question before you according to the rules of law and arithmetic. The body of our small people are peaceable and honest and earnestly loyal, even many of those who have been put to fraudulent uses. It is less consequence to them who shall get his seat than that such a decision shall be made as shall vindi- cate the honor of our national administration, pro- tect our young territory, assailed and almost depop- ulated by hostile Indians on one side, but more vitally attacked by politicians on the other, from the system of election frauds initiated among us.

P. BLISS, Chief Justice of Dakota Territory, JOHN HUTCHINSON, Secretary Dakota Territory.

About March 1, 1863, Governor Jayne re- signed his office in time to go to Washington and take his seat as delegate and John Hutchinson continued as acting governor, as in fact he had been a large portion of the time since the first organization of the territory. Captain Todd pressed his contest and in the end was successful, Jayne being ousted in 1864. He did not return to Dakota. To this day the people of Dakota have not found out whether Todd or Jayne had the strongest pull with President Lincoln.

THE SECOND LEGISLATURE, 1862-3.

The second session of the territorial legis- lature convened at Yankton on Monday, De- cember 1, 1862. There were nine councilmen and fourteen members of the house. The legislature had been chosen on the lines of the Todd-Jayne fight and there were contests from the counties where the election frauds had been most flagrant.

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The council promptly organized by electing Enos Stutsman president and James Tufts secretary, but the house fought sixteen days before effect- ing an organization. On the fifth day a split occurred and six members, regularly elected, of the Jayne faction withdrew and, recognizing three of the contestants, made up a quorum and elected A. W. Puett, of Vermillion, speaker, and R. M. Hagaman, chief clerk. The Todd party remained in the regular hall and elected Moses K. Armstrong, speaker, and B. M. Smith, chief clerk. The council recognized the Todd party as regular and the governor recognized the seceders, so that a deadlock existed and no busi- ness was transacted. On the sixteenth day a compromise was effected, taking the Todd speaker and the Jayne chief clerk and Governor Jayne delivered his message to the joint legis- lative body.

This session was held in the "capitol," on Capitol street. This was a small building erected for the purpose, by Moses K. Armstrong and Charles F. Picotte and leased to the govern- ment for a term of years. It was large enough to accommodate all of the territorial departments at that date and was used for capitol purposes for twenty years, and until the capitol was removed to Bismarck.

Governor Jayne's message was chiefly de- voted to a recital of the Indian situation. He apprehended trouble from the Sioux of the upper Missouri and blamed the government for failure to protect the Rees and Gros Ventres against the aggressions of the Sioux and stated that ex- perience had taught the Indians that the greatest safety is to be found in hostility to the whites. He uttered an epigram much quoted in that day : "Protection to Dakota is protection to the entire northwest." He recommended that congress be

memorialized to establish strong military posts at Sioux Falls, Fort Benton and Fort Berthold. Aside from this, the message is almost devoid of practical suggestion and altogether it is a very commonplace paper.

After the compromise, the house got on fairly well, but the council was torn up throughout the session over the political morals of the man whom the august body had elected to the position of fireman. On the first day of the session Ole Halverson, of Brule Creek, was elected to the place. On the 19th Mr. Cole, reciting in a whereas that "Ole Halverson was one of the prominent participants in the Brule Creek frauds and that the council does not intend to counte- nance or reward one who has abused the sacred privilege of the elective franchise and polluted the hallot box," offered the following resolution : "Resolved, That the council dispense with the services of our present fireman, Ole Halverson, and his place be immediately supplied." The resolution went to a special committee, evidence taken, majority and minority reports filed, it was recommitted, a new investigation made, emissaries sent to Union county to obtain evidence, new minority and majority reports offered and action filibustered off while Ole sturdily stoked the big stove in the council cham- ber until seven o'clock of the evening of the last day of the session, when, having put on a rousing fire, which set all of the reverend senators in a perspiration, Mr. Brookings moved that he be excused from further service, and at ten o'clock the council tendered him a vote of thanks and the session adjourned. This and a few memorials to congress, the most important of which was a prayer for the establishment of military posts at frequent intervals along the frontier, were the chief fruits of the session.

CHAPTER XXXIII

THE INDIAN WAR OF 1862.

The great wave of patriotism which swept over the American people following the secession of the southern states did not escape the Dakotans and, although there were but a handful of them, they early began to agitate for the or- ganization of a regiment of soldiers for the war. When we recall that the total voting population of the territory was but five hundred eighty-five men, such a proposition appears almost pathetic. Nevertheless Nelson Miner, of Vermillion, and William P. Lyman, of Yankton, were both en- thusiastic in such a movement. Mr. Miner in the winter of 1861-62 began actively to recruit a company of cavalry at Yankton and Vermillion, but Mr. Lyman, more ambitious, set out to get an appointment from the war department as major of such cavalry. He was a close friend and former employe of J. B. S. Todd, then delegate to congress, and the latter, in January, 1862, secured for Lyman a nomination as "Major of the First Dakota Volunteer Cavalry," and he received the usual notification of such nomination, subject to ratification by the senate, from the war department, stating if so confirmed by the senate he would be commissioned. Armed with this notice of nomination, Major Lyman, accompanied by our belligerent friend, Jesse Whenry, and Charles P. Bogue and some other citizens of Yankton, proceeded to Fort Randall, where they took up quarters at the residence of Alpheus G. Fuller, beef contractor for the fort. on February 4. 1862. The fort at that time was under the command of Captain John Pattee, Com-

1 pany A. Fourteenth lowa Volunteer Infantry. and was garrisoned by Companies A, B and C of said regiment. Major Lyman promptly sent to Captain Pattee a formal notice that he was ordered to assume command of the fort. Cap- tain Pattee at once called upon the Major at Fuller's and after paying his respects to him and being again informed that Lyman was to at once assume command. Captain Pattee asked to be shown the Major's authority in the matter. After some delay and being prompted by Wherry, who appeared to be a sort of attorney for Lyman, the latter produced his notice of nomination above mentioned. This notice Pattee carefully exam- ined and found it interlined, altered and bearing evidence of erasures, and he at once informed Lyman that the paper was so irregular and un- certain that he should refuse to surrender the command. This ended the interview and Pattee returned to his quarters. Lyman then went to the post adjutant and with the same representa- tions he made to Pattee, secured possession of the post order book and issued an order assuming command of Fort Randall and another order placing Pattee under arrest. A third order pro- hibited Pattee from going more than one mile from the garrison.

Pattee at once reported the situation to Gov- 'ernor Samuel J. Kirkwood and Senator James A. Harlan, of lowa, who took the matter before the war department and on the 19th of April, 1862. Major Lyman received a notice from the adjutant general informing him that his nomi-

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nation as major of the First Dakota Volunteer Cavalry had been revoked and he relinquished the command of Fort Randall to Captain Bernard Mahana, of Company B, Fourteenth Iowa Regiment, and left Pattee under arrest. Pattee at once demanded that the command be restored to him, but Mahana refused because Pattee was under arrest. Mahana, however, made a statement of the whole matter to the general commanding the district of Kansas, of which the Dakota country was then a portion, and on May 21st was informed by that officer. through his adjutant, Thomas Moonlight, that "no charges nor specifications are in this office against Captain Pattee. He is therefore released from arrest and will resume his command." Pattee thereupon again assumed command of Fort Randall and continued in that capacity for a year or more. Thus ended what appears to have been a most high-handed proceeding and one which it is very difficult to explain. Possibly, general ignorance of military rules and dis- cipline affords the best explanation, but it is evident that Lyman, backed by a coterie of Dakota friends, were attempting a mighty bluff against the Iowa captains, though just how they expected to square themselves with the au- thorities at Washington is not so manifest. It is presumable that Lyman took the view that a major ranked any captain in the baliwick. It is, however, noteworthy that the department took no other action in the matter than to revoke Lyman's nomination, which does not appear to have been confirmed by the senate, and that he did not have at any time more than a nomination to the position. However that may be, as the ostensible major of a regiment of Dakota cavalry which never existed he actually did exercise command of the United States stronghold, Fort Randall, front February 4 to April 19, 1862.

Captain Miner fared better than Major Lyman in the long run. He continued recruit- ing, and when he had secured a sufficient num- ber of men a company organization was effected and John Hutchinson, acting governor, com- missioned the following officers, who had first been elected by the recruits: Captain, Nelson

Miner ; first lieutenant, John K. Fowler ; second lieutenant, Frederick Plughoff, the latter an old soldier of the regular army and well versed in military tactics. This was toward the close of January and the company at once went into quarters at Yankton where the boys were put through a severe drill by Lieutenant Plughoff, but they were not mustered into the service of the United States, nor paid for service, until April 30th, when they were mustered in by Lieutenant Luce, of Company B, Fourteenth Iowa Infantry, the physical examination being made by Dr. Justus Townsend, of Yankton. The day of the muster was made a great holi- day in Yankton, the legislature adjourned and Governor Jayne delivered an eloquent address to the young soldiers, who were drawn up in a crescent line to listen to the Governor. At the conclusion the oath was administered and Dakota's first soldiers had entered the service of the country. Governor Jayne at once secured from the war department an order placing the Dakota boys under the immediate direction of the governor, as a home guard. At the time this was thought to be a useless and expensive arrangement, intended to add to the power of the governor and keep some money in the terri- tory as well as to afford a home market for a portion of the products of the country. No one took the quartering of soldiers in the villages of the territory as a serious necessity. While the Governor was securing this order, the company was ordered to Fort Randall, where it remained until July, when it was returned to the Governor at Yankton under the order above mentioned. Captain Miner then took twenty-five men and went to Sioux Falls, Lieutenant Plughoff re- signed, and J. M. Bacon succeeded him and soon relieved Captain Miner in command of the squad at Sioux Falls, taking with him fifteen more men. Captain Miner then took another squad to Vermillion, leaving Sergeant A. M. English in command of a squad of twenty in a camp near Yankton.

The following is a complete roster of the men who served in Company A at the time of muster or later. Some of those who enlisted

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later were transferred to Company B to serve out their time when Company A was finally mus- tered out :

Officers : Nelson Miner, captain; J. K. Fowler, first lieutenant, resigned; Frederick Plughoff, second lieutenant, resigned ; James M. Bacon, first lieutenant ; DeWitt C. Smith, second lieutenant, resigned; David Benjamin, second lieutenant ; A. M. English, first sergeant ; Patrick Conway, second sergeant ; Kerwin Wilson, com- missary sergeant; Peter F. Holden, sergeant ; William Newman, sergeant ; Benjamin F. Estis, sergeant ; Jesse B. Watson, sergeant ; Horace J. Austin, sergeant ; Charles B. Stager, sergeant ; Joseph Ellis, corporal ; William Young, corporal ; George Falkenburg, corporal ; Christian H. Bru- rud, corporal; Amos Shaw, corporal ; Adolph Mauksch, corporal; Charles Wright, corporal ; Amund Hanson, bugle; Edwin Wilkins, bugle ; Ananias Jones, farrier ; Robert Burckhart, black- smith.

Privates : Richard Alderson, Edward Ander- son, John E. Allen, John Betz, Henry Bellows, Benjamin Bellows, David Campbell, John Claude, Nelson W. Cuseck, John Bell, Neils El- lingson, Nicholas Felling, Herman P. Fjeltvet, Louis Frick, Josiah Gray, Zachariah Haggin, George Hosick, James Kinney, Ole B. Larson, Cornelius Andrews, Michael Anderson, William Benedict, John Bell, George Bellows, John Bradley, Joseph Cramer, John Collins, James Cummings, Sahil Deloney, Julius Floeder, John O. Ford, Thomas Frick, Benjamin F. Gray, John Gibson, Benjamin Hart, John Johnson, Ole Lew- esson, Charles Long, Merrit G. Lathrop, John Maskell, John McClellan, John D. Morse, James McBee, Ole Olson, Peter Omeg, James E. Peters, Henry M. Pierce, Timothy Prindle, Peter A. Ramsey, Philip Sherman, John B. Snow, William Snyder, Abraham J. Trucks, John Trumbo, Thomas H. Weeks, Henry Woodruff, Jacob Ludwig, Thomas A. McLeese, Mathias J. Minde, Albert Munson, Andrew Oleson, Chris- tian Oleson, Ole N. Orland, Loeman E. Phelps, George Pike, Oscar Phelps, Fred Robeart, John Solberger, Henry Snow, Thomas J. Tate, John

Tallman, Charles Wambole, Joachine Will, Buck- lin H. Wood.

The harvest of 1862 was bountiful and the settlers were busily engaged in gathering it when, late in August, the story of the awful massacre of the white settlers on the Minnesota river reached Yankton and threw the entire population into a state of terror. In fact the situation was truly desperate. The little hand- ful of settlers between the hostiles of Minnesota and the wild tribes of the Missouri river had every reason to apprehend annihilation. Gov- ernor Jayne acted with the utmost promptness and dispatched couriers to all the outlying set- tlements with orders for the population to con- centrate at Yankton. His courier reached Sioux Falls on August 27th, finding the people there in total ignorance of the outbreak in Minnesota, but wildly excited over the massacre of Joseph B. Amidon, probate judge and county treasurer, and his son, by unknown hostiles, on August 25th, while having upon their farm, which was located on the hill north of town, just north- west of the present location of the penitentiary. Judge Amidon was found lying on his face, with a bullet hole through his body; the son was found nearby, in a field of corn, shot to death with a dozen or more arrows. While haying near the cornfield their attention had evidently been attracted among the corn, and going into the field to see what was the matter, the boy had been shot with arrows. Hearing the cries of his son. Judge Amidon had appar- ently started to his assistance, but seeing the Indians, he had turned and fled toward town, when he was brought down with a bullet in the back which instantly killed him, there being no evidence of a struggle. The boy, though almost covered with the arrows of the savages, had survived for some time as the grass and corn about him were beaten down and he had taken some of the arrows from his wounds and laid them by his side. Hon. George B. Trumbo, still a resident of Tyndall, then in the employ of George P. Waldron, went out with a wagon and brought in the bodies. These murders were

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committed by the young men of the band of White Lodge, a Sisseton, whose home was at Lake Shaokatan, to whom Little Crow had as- signed the task of destroying the outlying set- tlements west of the Minnesota. Lieutenant Bacon and his men immediately took up the search for the Indians, but were unsuccessful, but were planning another and more extensive campaign when the messenger arrived from Governor Jayne to immediately report at Yankton with his force, and to bring with him all of the settlers. Hastily caching such goods as they could not carry with them, the settlers gathered up their stock and, under escort of the soldiers, pro- ceeded to Yankton, where they arrived about September Ist, and for the second time since the ambitious pioneers had made their plant there, the Sioux valley was abandoned by the white settlers to the primitive redmen.

Many settlers fled precipitately, panic- stricken, from the territory, but by far the greater majority sturdily remained to defend their homes. Certain it is that stories of the depopulation of Dakota at this time have been greatly exaggerated. Only five hundred eighty-five votes were cast at the election of September 16, 1861, one hundred forty-eight of which were cast in the Pembina district, leaving but four hundred thirty-seven votes in the south part of Dakota. In compliance with the proclamation issued by Governor Jayne, com- manding every able-bodied man in the territory to at once enroll himself for service in the militia, three hundred ninety-nine promptly re- sponded and ninety-nine were already serving in Company A, Dakota Cavalry. All of these came from the southern counties and accounts for four hundred ninety-eight out of four hundred thirty-seven, or in other words Dakota had sixty-one more men bearing arms than had voted at the last previous election. Of course all of the soldiers were not of voting age, but it is clear that only a fraction of the population were driven out by the threat of Indian hostilities. When the Sioux Falls people arrived in Yank- ton with news of the massacre of Judge Amidon and son, Governor Jayne was convinced that

further delay was dangerous and he at once, on August 30th, "ordered that every male citizen of the territory between the ages of eighteen and fifty shall at once enroll himself in a company for home defense in his respective county, with such arms as he may have in his possession."

The citizens of Cole (Union) county were ordered to meet at Elk Point; those of Clay county at Vermillion ; Yankton, at Yankton ; Bon Homme, at Bon Homme ; of Todd, at the settle- ment opposite the mouth of the Running Water, and of Charles Mix, at the Pease settlement. A requisition was made .on Fort Randall for arms and ammunition, but that post being unable to comply, a supply was ultimately secured from Fort Leavenworth.

Immediately, ugly rumors were received from the Yankton agency which increased the terror of the inhabitants. It was stated that the Yanktons had agreed to join with the Santees in a war of extermination against the whites and the organization of the militia was hastened and it was resolved to fortify the central points to afford protection to all who remained. The sparse population of the upper county (Charles Mix and Todd) went to Fort Randall for pro- tection. Bon Homme was abandoned, the set- tlers coming into Yankton for safety, where the most formidable works were erected. Stock- ades were also built at Vermillion, Elk Point and Brule Creek, the latter under the direction of Mahlon Gore, the well known editor.

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History of South Dakota, Vol. I, Part 27

Author: Robinson, Doane, 1856-1946. cn Publication date: 1904 Publisher: [Logansport? IN] : B. F. Bowen Number of Pages: 998

Author: Robinson, Doane, 1856-1946. cn
Publication date: 1904
Publisher: [Logansport? IN] : B. F. Bowen
Number of Pages: 998