Dakota Territory History, 1876-1884 CHAPTER IV This file was extracted from "The Province and the States", edited by Weston Arthur Goodspeed, LL. B., Editor-in-Chief, Vol. VI (1904), pages 281-294. This file may be freely copied for private, non-profit purposes. All other rights reserved. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's authors. This file is part of the SDGENWEB Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/sd/sdfiles.htm Dakota, from 1876 to 1884 DURING the years immediately succeeding the opening of the Black Hills country, little out of the ordinary current of events occurred in the older settlements of Dakota. As is usual in such cases, the general interest centered in the mines. But this development of the mineral resources of the western portion of the Territory brought population, and many a man who failed as a miner became successful as a farmer, or in some other line of business. In the campaign 1876, a wider interest was manifested in the question of dividing the Territory. On July 6, the Democratic convention was held at Yankton, and S. L. Spink was nominated for delegate to congress. This convention passed a resolution declaring that "we favor the organization of a new territory out of the northern part of Dakota, and believe such an organization will largely tend to enhance the interests of the people in both sections." The Republicans again nominated Judge Kidder, who was elected by a vote of 6,199 to 2,413. In the legislature the Republicans elected a majority in both house and council. The most important act of the legislative session, in the winter of 1876-77, was the adoption of the report of the commission on revision and codification, appointed in January, 1876. From the first legislature, in 1862, down to the close of the eleventh session, in 1875, each assembly had passed, amended, and repealed laws until a general lack of system prevailed when this commission was appointed. The code of civil procedure of 1862 had been repealed in 1868 and that of New York adopted, and the code of criminal procedure adopted in 1868 was repealed in 1873 and again adopted in 1875. A large number of special acts, conferring privileges or legalizing the performances of certain localities, had been passed during these first eleven sessions, and, in the enactment of laws of a general nature, but little attention had been paid to their relation to, or bearing upon, other laws already in force. All this mass of promiscuous legislation was classified by the commission into a political, a civil and a penal code. All the laws relating to the government of the Territory under the organic law of congress; the powers and duties of territorial officers; the rights and privileges of municipal corporations, and management of public institutions, were now brought into an orderly arrangement and practical system for the first time. There laws constituted the political code. The civil code em-braced all those statutes relating to persons and their relations, and to obligations of all kinds regarding persons and property, including private corporations. As a code of written law it was modeled after that of the New York code commission. In a more condensed form the civil code was enacted in Dakota in 1866; afterward it was amended and adopted in California in 1873. By the penal code was made a classification of offenses in harmony with the latest and most approved legislative standards. Provisions for the prevention of crime and penalties for the punishment of criminals are ample, and the language is divested of all verbiage. This code also had its origin in New York; California had revised and adopted it, and in an abridged form it had been adopted by the Dakota legislature in 1865. The adoption of the report of the commission now made the code complete. On January 24, 1877, both branches of the legislature unanimously adopted a memorial praying congress to divide the Territory along the line of the forty- sixth parallel. A similar memorial had passed two years before, with but one dissenting vote in the council. The senate of the United States passed a bill in December, 1876, to erect the Territory of Huron out of that part of Dakota north of the forty-sixth parallel, and this bill was pending in the national house of representatives at the time the territorial legislature passed the memorial above referred to. Albeit the second session of the legislature had passed an act in 1862, locating a penitentiary at Bon Homme, no appropriation for a building had been made, and consequently none had been erected. With a steadily growing population, the need of an institution of this character became so pressing in 1877, that Governor Pennington made a contract, August 20, with the trustees of the house of correction at Detroit, Mich., for the safe-keeping of Dakota prisoners, at the cost of a dollar and a half per week for each of those whose terms were two years or less, and a dollar and a quarter per week for each prisoner sentenced for a longer term. This arrangement was continued until the Dakota penitentiary was built some years later. In 1878 President Hayes appointed William A. Howard, of Michigan, governor of Dakota. He was a native of Vermont, being born at Hinesburg in that state, April 8, 1813. He could trace his lineage back to John Henry Howard, who came to America and settled at Duxbury, Mass., in 1753. When he was about fourteen years of age, he was apprenticed to a cabinet maker, and the next five years were spent in learning his trade. But he was too ambitious to spend all his life at a cabinet maker's bench. As soon as his apprenticeship was ended, he entered Wyoming Academy, where, during the next three years, he prepared for college. In 1839 he graduated from Middlebury College, and for the next two years taught a select school in Genesee county, N. Y. From 1840 to 1842 he was a mathematical tutor in the University of Michigan. While thus engaged, he took up the study of law, and in 1842 was admitted to the bar. Soon after being admitted, be formed a partnership with Alexander Buell, of Detroit, which partnership lasted until 1848. In 1854 he was elected a representative in congress from Michigan, and was re-elected in 1856 and 1858. On the face of the returns in i858, his opponent, George B. Cooper, was declared elected, but Mr. Howard contested the election. The contest was not decided until May 15, 1860, when, upon the recommendation of the committee on elections, it was settled in favor of Mr. Howard. While in congress, he served as a member of the Ways and Means committee, and, in 1856, was a member of the committee of which John Sherman was chairman, to investigate the Kansas troubles. Much of the report of this committee was written by Mr. Howard. During the campaign of 1860, he took an active part as a public speaker in Michigan, and also in some other states. President Lincoln appointed him postmaster at Detroit in the spring of 1861, and while serving in this position he gave moral and material aid to the raising of troops for the Union army in the Civil war. After the expiration of his term as postmaster, he removed to Grand Rapids, Mich., where he served for some time as a commissioner of the Grand Rapids and Indiana railroad. He was also commissioner of the Northern Pacific railroad in 1872. In 1866 he went to Philadelphia, Pa., as a delegate to the historic National Union convention which assembled at that city in August. Always active in behalf of his party, he was a delegate to the Republican national conventions of 1868, 1872 and 1876. As leader of the Michigan delegation, in the convention of 1876, he threw the vote of his state to Rutherford B. Hayes at a time when many of the delegates were looking for a candidate upon whom a compromise could be effected. The result was that Hayes was nominated, and after his inauguration it is said that Mr. Howard was billeted for an important position in the foreign service, but in 1878 was influenced by Alexander H. Stephens to accept the governorship of Dakota. His career as governor of the Territory presents no startling features, because, during his administration, no startling events occurred. Although his appointment was in the nature of a payment of a political debt, his messages to the legislature and his reports to the Federal government show him to have been a man of wide information and fine executive ability. Early in February, 1880, he went to Washington, D. C., and remained there until his death, which occurred on the 10th of April following. In the campaign of 1878 the Republicans nominated Judge Granville G. Bennett and the Democrats, Hon. Bartlett Tripp for supreme justice. Both candidates had, two years before, been members of the commission to revise and codify the laws. The election resulted in favor of Bennett. During the session of the legislature of 1879, the boundaries of several counties were changed to meet the demands of a growing commonwealth, and by an act of February 22, the counties of Brown, Aurora and Day were created. February 10, the legislature passed an act to reimburse Governor Howard to the amount of two thousand three hundred eighty-six dollars and thirty cents for money advanced to build the insane hospital at Yankton; and on the 22nd an appropriation of three thousand nine hundred dollars to furnish the hospital was made. On the same date the assembly made an appropriation of ten thousand dollars, or so much thereof as might be necessary, for the building of a penitentiary. On February 21 they passed an act authorizing the governor to make a contract with Iowa, Nebraska or Minnesota for the care of the deaf and dumb of Dakota. A resolution protesting against the admission of Dakota as one state was also adopted. The census of 1880 showed the population of Dakota to be 135,180, an average increase of a thousand a month since the census of ten years before. Immediately following the taking of the census, the agitation for division of the Territory became stronger than ever. Sometimes the sentiment was stronger in the southern part, sometimes in the northern, but from this time forward the question was almost continually kept before the people. By an executive order of June 27, 1879, the president set apart, as a reservation for Drifting Goose's band, townships 119, 120 and 121 north of range 63. This reservation lay on both sides of the James river, a little distance south of Aberdeen. Drifting Goose and his band never occupied the reservation thus established, and it was restored to the public domain, by order of the president, July 13, 1880, under the same order that part of the Fort Berthold reservation, between the Little Missouri and Heart rivers, west to the Montana line, was also restored to the public domain. From February 5 to June 24, 1880, George Harper Hand, secretary of the Territory, was also acting governor. He was born in Ohio, in 1827. At the age of sixteen he went to Wisconsin, where he afterward studied law in the office of Edwin Wheeler at Oshkosh. In March, i858, he married Miss Helen M. Ketchum, of Portage, Wis. Mr. Hand enlisted in the Chicago Board of Trade battery in 1864, and served till the close of the war. He was appointed United States district attorney by President Johnson in 1867, and went to Yankton. Upon retiring from the office of district attorney, he formed a partnership with G. C. Moody, for the practice of law, but was soon appointed register of the United States land office. In 1874 he succeeded Oscar M. Whitney as territorial secretary, and was reappointed in 1878. He was one of the delegates to the first constitutional convention, at Sioux Falls, September, 1883, and was a consistent advocate of division. After the Territory had been divided, and South Dakota had been admitted as a state, Mr. Hand returned to the practice of his profession. Hand county, S. D., was named in his honor. He died at Pierre March 10, 1891. Nehemiah G. Ordway, the seventh territorial governor of Dakota, assumed the duties of the office June 24, 1880. Governor Ordway was born at Warner, Merrimac county, N. H., in November, 1828. As a boy he attended the common schools and was engaged in mercantile pursuits until 1855, when he removed to Concord. The following year he was appointed sheriff of Merrimac county. In 1861 he was appointed general agent of the postoffice department for the New England States, with headquarters at Boston, Mass. Beginning with the thirty- eighth congress, he served for ten years as sergeant at arms in the national house of representatives. In 1875 he was elected a representative in the New Hampshire legislature, was re-elected in 1876 and again in 1877. During this period he was also elected a member of the State Constitutional convention, and served as a member of the tax commission to revise the tax system of New Hampshire. He was elected to the state senate in 1879, and upon the death of Governor Howard was appointed governor of Dakota for a term of four years. Richard F. Pittigrew, Republican, was elected delegate to congress in 1880, over M. L. McCormack, the Democratic candidate, by a vote of 18,909 to 9,182. The fourteenth session of the legislature was convened on the 11th of January, 1881, and remained in session until the 7th of March. George H. Walsh was elected president of the council, and J. A. Harding, speaker. Considerable attention was given, at this sitting, to the needs of the Territory in the way of penal, charitable and educational institutions. On February 17, the legislature approved an act authorizing a bond issue of fifty thousand dollars for the construction of a penitentiary at Sioux Falls, and making an appropriation for the removal of the prisoners from Detroit, Mich. Another bond issue of forty thousand dollars, for building an insane asylum at Yankton, was authorized, by the act of February 21, and an appropriation of thirty-three thousand dollars for maintenance of the institution for two years, was voted. Normal schools were located at Alexandria, Madison, Spearfish and Watertown, conditioned upon the citizens of these several towns acquiring and donating suitable locations for the schools, without expense to the Territory. At Alexandria, 160 acres were asked for by the act; at Madison, 160 acres; at Spearfish, 40 acres, and at Watertown, 80 acres. Walsh county was created February 11. On February 16 the counties of Forsythe and Custer were consolidated under the name of the latter; Morton county was created, and the name of Gingras county changed to Wells. Two days later Griggs county was established, as was Dickey county on March 5. Several other counties were created during the session, but were afterward discontinued as distinct organizations. The question of division came up again in this legislature, and a memorial praying for a division of Dakota into three territories passed both branches, with ten negative votes in the house and three in the council. The spring of 1881, is memorable in the annals of Dakota for the great ice-gorge and flood that devastated the valley lands of the Missouri and its tributaries. From Vermillion to Mandan scarcely a hamlet escaped. For ten days the Missouri valley between these points was covered with water filled with huge cakes of floating ice. Sunday, March 27, was the warmest day since the preceding autumn. All day the snow melted rapidly and every one felt that a break-up was imminent. But none was prepared for the terrible and far reaching destruction which followed. Nineteen years had passed since the great flood of 1862, and a large majority of the people of Dakota had come to the territory since that time. They had heard from the Indians and old settlers, tales of high water in the Missouri, but these stories had never made a very deep impression. Now they were to be awakened by an awful experience. About four o'clock that Sunday afternoon, the ice began to give way, and in a few moments the whole channel of the river was a solid mass of ice floes, some of them fifty feet square. One of these huge cakes struck the steamer Western, lying at the Yankton landing, and made such a break in her side that all efforts to keep her from sinking were futile. At Vermillion the break-up commenced about midnight. Church bells were rung to alarm the people, and in a little while the streets were full of people hurrying to the bluffs to escape the rapidly rising waters. Monday morning it was hoped that the worst was over. But it had not yet begun. All day Monday and Tuesday, the water continued to rise slowly, the whole river being filled with great cakes of ice. About five o'clock Tuesday afternoon, March 29, the great gorge formed a few miles below Yankton, and during the night was extended up the river for thirty miles. Wednesday morning hundreds of people gathered upon the banks of the stream to witness the impressive spectacle. The noise of the grinding ice had ceased and an ominous stillness hung over the great mass that the people were waiting, and yet dreading, to see give way. Those who had gone through similar experiences in former years, fearing the worst, utilized the moments in making preparations to save themselves, and such of their possessions as they could, from the flood that they now knew was certain. About noon a low rumble, like that of distant thunder, was heard, and a slight tremor was noticed in the body of the ice pack. The gorge had broken. In an incredibly short space of time the millions of tons of ice were in motion. As the ice moved out, the pent up waters that had been held in check by the mighty gorge, swept over the valley. Houses, out-buildings and steamboats became mere playthings for the raging torrent. At Yankton the three steamers, Butte, Black Hills and Helena, were thrown together by the resistless power of the flood, and were almost completely broken to pieces by the floating ice. The Peninah and the Nellie Peck, two of the largest steamers on the Upper Missouri, were picked up like pieces of cork, and carried nearly a half mile out upon the prairie where the Peninah remained after the waters subsided. When the gorge broke, the ice was carried around the settlement on Green Island, opposite Yankton, rendering escape impossible. As the waters rose every building on the island was demolished and several lives were lost. Another gorge was formed near the same place, Sunday, April 3, and the water, which had fallen somewhat, began to rise again. This gorge held firm until late Tuesday afternoon, April 5, when with a mighty crash it gave way all at once, and in a few hours the flood was at its height and sweeping everything before it. Gorges were also formed in the James and Vermillion rivers, and the valleys of these streams, for miles, were completely inundated. As the waters abated great piles of ice were left deposited in the fields, and weeks elapsed before they were entirely melted away. The three southeastern counties of Dakota were the greatest sufferers. There the population was more dense, and they were so situated, topographically, that they received the full force of the flood. The loss to buildings and live stock was large, and from 3,000 to 5,000 people were rendered homeless. Railroad Communication was cut off, and many were threatened with actual starvation. In this emergency Sec'y George H. Hand telegraphed April 11, for help. The next day he appealed to President Garfield for assistance, and the secretary of war was ordered to furnish rations from the army and Indian supplies until further orders. Captain Wheeler, acting under the orders of Gen. A. H. Terry, issued rations of clothing to a large number who had lost nearly everything they possessed. On April 14, a meeting was held at the governor's office, and an address to the general public, asking for aid, was prepared for publication. This address was signed by George H. Hand, territorial secretary; J. R. Sanborn. mayor of Yankton; Rev. Joseph Ward; ex-Gov. Newton Edmunds and Hon. Bartlett Tripp. The charitably inclined people responded liberally with donations of food, clothing and money, all of which were carried by the American express company at greatly reduced rates. Altogether more than 78,000 rations were issued, but with the coming of spring the people ceased to bemoan their misfortunes, and, with the characteristic determination of the true western pioneer, went to work to retrieve their losses. One of the earlier legislatures passed an act locating a university at Vermillion, but nothing had ever been done toward its fulfillment. In March, 1882, at a special election, the voters of Clay county declared in favor of a county bond issue of ten thousand dollars to erect the buildings. This was the first systematic effort toward the establishment of what is now the University of South Dakota. An organization known as the "Citizens Constitutional Association," called a convention, to meet at Canton, June 27, to take some action toward securing the admission of Dakota as a state. At this convention ten counties were represented, and the general expression was in favor of dividing the territory along the line of the 46th parallel, the erection of a new territory out of the northern part, and the admission of the southern portion. An executive committee of seven was appointed, and the name of the organization was changed to the "Dakota Citizens League." The executive committee was made up as follows: Wilmot Whitfield and Joseph Ward, of Yankton county; N. C. Nash, of Lincoln; S. F. Andrews of Turner; W. C. Bowers, of Minnehaha; F. B. Foster, of Hanson and J. V. Himes, of Union. Shortly after this a Democratic convention was held at Mitchell. W. R. Steele, of Deadwood, was nominated for delegate to congress, and a resolution favoring a division of the territory on the 46th parallel and the retention of the name of Dakota for the southern part was adopted. J. B. Raymond was nominated by the Republicans to oppose Mr. Steele. Mr. Steele, however, declined to run, and W. W. Brookings was substituted by the Democratic territorial committee. At the ensuing election the Republican candidate was successful. As previously stated the legislature of 1881 authorized a bond issue of fifty thousand dollars for a penitentiary at Sioux Falls. Work on the building was delayed by the great floods, so that it was November 17, 1882, before the board accepted it as complete. On November 22, Governor Ordway issued a proclamation declaring the prison ready for occupancy, and notified the sheriffs of the several counties that, after the expiration of thirty days, all persons sentenced to the penitentiary should be taken to Sioux Falls. A week later the governor ordered the removal of twenty-nine prisoners from Detroit, and upon their arrival at Sioux Falls, they were set to work on the penitentiary and grounds. On December 21, 1882, the president ordered a reservation between Bottineau and Rolette counties, set apart for the Turtle Mountain band of Chippewa Indians. This reservation contained 720 square miles, being 24 in extent from east to west and 30 miles from north to south. Canada formed the northern boundary. The greater part of it was restored to the public domain by the executive order of March 29, 1884. During the fifteenth session of the territorial legislature, which began January 9, 1883, and ended March 9, many bills were introduced in both branches, 160 of which became laws by executive approval or limitation. Among the most important of these were the acts creating a tax commission to look after inequalities in assessments, the sequestration of property and delinquencies; creating the office of attorney general and defining his duties; an educational bill adopting the civil township system, and the bill providing for a commission of nine members to select a new location for the capital. On February 26, an appropriation of seventy-six thousand six hundred twenty-five dollars for the current and contingent expenses of the penitentiary was made; and an issue of thirty thousand dollars worth of bonds for permanent improvements at that institution was authorized. The next day a bond issue of twenty-five thousand dollars was authorized for the benefit of the agricultural college at Brookings, and on March 9, the last day of the session, an act providing for an issue of fifty thousand dollars worth of bonds, for the building and equipment of an insane hospital at Jamestown was approved by the governor. On the same day five thousand dollars for a building and two thousand dollars for maintenance was voted to each of the normal schools at Madison and Spearfish. They passed other acts on the same date to establish a reform school at Plankinton, but made no appropriation for its support; a deaf and dumb asylum at Sioux Falls, for which bonds to the amount of twelve thousand dollars were afterward authorized, and an agricultural college at Fargo, conditioned upon the people's donating forty acres of land for a site. Sargent county was created March 3, from the southern part of Ransom county; Fall River county, south of the Black Hills, was established March 6; Steele, Towner, McLean and Roberts counties, were established March 8, and Benson, Nelson, Sanborn, Jerauld and McIntosh, March 9. The bill providing for the removal of the capital was approved March 8, and Milo W. Scott, Burleigh F. Spaulding, Alexander McKenzie, Charles H. Myers, George A. Mathews, Alexander Hughes, Henry H. DeLong, John P. Belding and M. D. Thompson were appointed commissioners to select a new location. Each member of the commission was placed under a bond of forty thousand dollars, and was to receive six dollars a day for his services, provided that the total cost of the commission should not exceed the appropriation of ten thousand dollars. Acting upon the hypothesis that rivalry among the different cities wanting the capital would secure a liberal donation, the bill provided that the commission should receive a grant of not less than 160 acres of land for a site, and one hundred thousand dollars in cash for the erection of buildings, from the city where the capital was to be located. The final report of the commission was to be made not later than July 1, 1883. On the 2nd of June the commissioners decided in favor of Bismarck, located on the Missouri river, at the crossing of the Northern Pacific railroad, the 4,000 people of that city offering a cash donation of one hundred thousand dollars and a grant of 320 acres of land. Work was begun on the new capitol in August, and on September 5, the cornerstone was laid with appropriate ceremonies. Among the distinguished guests present were ex-President Grant, Baron Von Eisendecher, the imperial German minister, and Henry Villard, president of the Northern Pacific railroad. After the stone had been lowered to its position, Governor Ordway read the following testimonial, which was afterward presented to the German minister: "TO HIS EXCELLENCY, PRINCE OTTO BISMARCK, CHANCELLOR OF THE GERMAN GOVERNMENT: "We believe that this greeting will be welcome, coming from a distant land, where so many Germans have found prosperity and happiness, and where your name is honored by all men, and from a city which bears that name, and which has become a center of commerce and civilization, and the capital of a great Territory. Proud of our city's name, we are confident that our future career will not be unworthy of your Highness, whose brilliant services in war and peace have achieved unity for the German people and greatness for the German Empire. With sentiments of profound respect we subscribe ourselves your Highness' Obedient Servants." This testimonial was dated~ at Bismarck, signed by the mayor and members of the city council of Bismarck, and by Governor Ordway. In accepting it Baron Von Eisendecher said: "Mr. Governor: I accept this token of esteem for the German Chancellor, with gladness and pride. I am glad as the representative of him, in accepting this testimonial, and proud in having been chosen as such. I shall not fail to send the document to Prince Bismarck at once, and I will assure you that he will feel highly honored by the handsome remembrance from the city which bears his name. I can only wish for your city that you will make its name sound as well in your own land, as the name of its father sounds in ours." Short but felicitous speeches were made by General Grant, Henry Villard, and several of his party. The following letter from Prince Bismarck was received some weeks later: "Foreign Office, Friedrichsruh, Oct.27, 1883. "In response to the address of the 5th of September last, so highly complimentary to myself, I would express my heartfelt thanks. I wish the young city, whose career I shall follow with the greatest interest, the rapid development which its fine situation, and the energy and intelligence of its citizens give reason to anticipate. BISMARCK." As is usual in such cases the removal of the capital caused ill feeling in some sections of the territory. Immediately following the passage of the bill, indignation meetings were held in several South Dakota cities. At all these meetings resolutions denouncing the legislature for passing and the governor for approving the act were adopted. This feeling of disapprobation reached its culmination, when, on Septemher 11, Governor Ordway issued an order for the secretary, treasurer and auditor to remove their offices to Bismarck. The auditor complied, but the secretary and treasurer peremptorily refused. The matter was at once taken to the territorial district court, and, on September 15, Judge Edgerton decided the appointment of the commissioners illegal. Thus matters stood until the following May, when the full bench of the supreme court reversed Judge Edgerton's decision. An appeal was taken to the supreme court of the United States, where the decision of the supreme court of the Territory was sustained, and Bismarck became the capital. One effect of the removal of the capital was to strengthen the sentiment in favor of a division of the Territory. This was particularly true of the southern part, where those who had previously held to this view now bestirred themselves to action, and those who had been indifferent now joined the divisionists. (See Chapter on division and admission.) The year 1884 was one of the most prosperous in the history of Dakota. The tax commission reported the value of all property in the territory to be sixty-nine millions one hundred fifty-four thousand nine hundred and nine dollars. Nearly 2,500 miles of railroad were in operation, 122 miles of which, between Fargo and Ortonville, were built during the year. The amount received in taxes from these railroads was one hundred twenty-seven thousand three hundred and thirty-six dollars. Enumerations showed that there were in the Territory 77,499 children of school age, more than 50,000 of whom attended school. The number of teachers employed was 2,911, receiving in wages three hundred ninety-four thousand seven hundred and eighty-five dollars. Altogether the cost of the common and normal schools and the university amounted to one million seven hundred forty-eight thousand five hundred and sixty-two dollars. More than 500 school townships were organized, and six hundred forty thousand dollars, in round numbers, was expended in the erection of new school houses. Gold shipments for the year amounted to four million five hundred thousand dollars, and the shipments of silver to two million dollars. And this, too, at a time when the principal silver mine was closed by litigation. Mica shipments for the year averaged about three thousand dollars a week. A steady tide of immigration was flowing into the territory, and the outlook was more hopeful than in any previous year. A Republican convention was held at Huron April 23, to elect delegates to the Republican National convention at Chicago in June. A second Republican convention met at Pierre, September 17, and Oscar S. Gifford was nominated for delegate to congress. The Democratic convention met at Sioux Falls and nominated John R. Wilson for delegate. Both parties declared in these conventions in favor of dividing the territory; the Republicans on the forty-sixth parallel, and the Democrats on the seventh standard parallel. At the election, on the 4th of November, seventy-eight organized counties were recognized; 86,703 votes were cast, Gifford receiving 71,579 and Wilson 15,124. Governor Ordway's term, for which he was appointed, expired in June, and he was succeeded by Governor Pierce.