Pre-Territorial History of Dakota Territory This file was extracted from "The Province and the States", edited by Weston Arthur Goodspeed, LL. B., Editor-in-Chief, Vol. VI (1904), pages 189-221. 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 Territory of Dakota Judge Bartlett Tripp, LL. D. Hon. John Henry Worst, LL. D. Associate Editors CHAPTER I Events Prior to Territorial Organization AT THE time the French possessions in America were ceded to the United States by Napoleon Bonaparte, all that part of the new acquisition that is now included in the two Dakotas was a trackless wilderness, inhabited only by wild beasts and tribes of savage Indians. A few hardy adventurers, such as Le Sueur, Trudeau and Loisell, had penetrated the wilds, in their traffic with the natives, and in some instances had attempted settlements; but these instances were extremly rare and the settlements thus founded were generally soon abandoned. This was the condition of the great Northwest - marked upon the maps of that day as "unexplored" - when, May 14, 1804, Captains Lewis and Clark, with forty-three men, started from St. Louis, in a bateau, or keel boat, and two pirogues, to explore the "New Purchase." According to the journal kept by these explorers, which furnishes the first authentic account of the Northwest, they arrived at the mouth of the Yankton or James river on the 28th of August. Here they were hailed by three Indians upon the hank, one of whom swam to the boats with the information that a large body of Sioux were encamped a few miles away. The next morning Sergeant Pryor, with M. Durion to act as interpreter, and another man, accompanied two of these Indians to the encampment, to arrange a council with chiefs, while the third remained with the boats, which kept on up the river. Sergeant Pryor and his companions were hospitably received by the Indians, many of whom had never before seen a white man. A delegation of young braves met them a little way from the camp, and offered to carry them upon buffalo robes to the wig-warn of the chief. Declining this doubtful honor, the white men were conducted into the encampment with all the ceremony of which the escort was capable, presented to the chief, and as a special mark of respect were treated to a feast of fat dog. Perhaps fear, as much as courtesy, impelled them to partake of this outlandish dish, though Sergeant Pryor afterward said the meat was rather palatable. With the naivete of children the Indians inspected the visitors, manifested curiosity at the strange articles of wearing apparel, etc., though all seemed eager to minister to their wants. The proposition to hold a council met with favor, and, on the morning of the 29th, the whole band, led by the chiefs gaily bedecked with feathers and resplendent with paint, set forth to meet the representation of the Great Father. As this strange procession neared the Missouri, a column of smoke could be seen ascending. After the departure of Sergeant Pryor those in the boats proceeded slowly, keeping a lookout for a suitable place to hold a council. Not far from the Calumet Bluffs they came to a little plain, where they landed, and Captain Clark ordered the grass upon a neighboring hill top fired, that the smoke might serve as a beacon to guide Sergeant Pryor and the Indians. Here, upon this little plain, under a majestic oak tree, with the stars and stripes floating from a staff near by, was held, August 30, 1804, the first council between the natives and the power which had but recently acquired sovereignty over the territory. Each chief was presented with a flag, a medal bearing the likeness of the president, a string of wampum, an artillery coat and a cocked hat with a red feather. Each member of the band was presented with something. Some were given medals, some articles of clothing, other tobacco, but none was slighted, and all seemed to be satisfied. Pipes were smoked and speeches made, though the speakers were sometimes interrupted by the Indian musicians, who, in their enthusiasm, knew not when to keep still. Proceeding on up the river the expedition, on the first of September, came to Bon Hqmme, or Good Man Island, where they halted long enough to examine an old fortification, which had been built by some ancient, warlike people. This strange and interesting relic lies on the south side of the Missouri river, nearly opposite the foot of Bon Homme Island. The walls of earth, at the time Lewis and Clark visited the place, had been there so long that elm and cottonwood trees three feet in diameter had grown upon them, while the oldest Indian traditions knew nothing of the builders. On up the Missouri, holding councils with the Indians, and explaining to them the change in proprietorship, went this little band, until, October 28th, they reached the old Mandan villages, a short distance above the present crossing of the Northern Pacific railroad, where they decided to go into winter quarters. One hundred and sixty-seven days had elapsed since their leaving St. Louis, and in that time they had navigated their little fleet over sixteen hundred miles. Today the same distance can be covered in less than forty-eight hours, in parlor cars, heated and propelled by steam, and lighted by electricity. From the adjacent forests they obtained the necessary timber for the erection of log cabins and a stockade, and on the twentieth of November, Fort Mandan, the first structure ever erected by United States authority, within- the present boundaries of Dakota, was ready for occupancy, though it was Christmas before everything was complete. During the winter they held councils and made treaties with the Mandans, Arickarees, and other tribes in the vicinity, and though they sometimes had trouble in making the Indians understand the change in ownership, they never lost the good will of the natives. With the expedition was a blacksmith, who set up a forge, and through the long winter months made many trinkets and implements that were exchanged with the Indians for corn. This traffic, and the game supplied by the hunting parties sent out from the fort, kept them in food until about the middle of March, 1805, when.they began making preparations for continuing their journey. One of the pirogues had been so badly damaged near Calumet Bluffs that it had been abandoned. The bateau was too unwieldy for the rapid current of the upper Missouri, and was to be sent back to St. Louis. The first necessity, therefor, was the construction of some new boats. Trees were selected, usually cottonwood, and six canoes made ready by the first of April. To these, with two pirogues, they must trust themselves for the remaining thousand miles to the head waters of the Missouri. The crying need of the expedition was a guide and interpreter. So far, M. Durion had discharged these duties quite satisfactorily. But now a strange region of which he knew but little was before them; a region peopled with tribes whose dialect he might not be able to understand. All winter Lewis and Clark had kept a lookout for some one to succeed him. A few white traders, employes of the Hudson's Bay Company, had visited the Mandan villages during the winter, but none of them had ever been beyond the mountains. Diligent inquiry among the Indians failed to discover but one person who knew anything at all of the country to which they were bound. This was an Indian woman named Sacajaweah, or the Bird-woman. Sacajaweah belonged to the tribe of Snake Indians, but had been captured by the Mandans in her youth and sold to a Frenchman named Chabonean, who afterward married her. As a last resort Lewis and Clark engaged this woman and her husband to go with them, and on April 7, 1805, the expedition bade good bye to Fort Mandan, where they had spent a little more than five months. Of the forty-five men, who had left St. Louis the year before, two had been lost, but the addition of the Bird-woman and her husband to the party brought it up to the original number. Of these thirty-one men and the woman embarked in the canoes and pirogues and headed up stream, while thirteen men took the bateau and returned to St. Louis. On the 26th Lewis and Clark reached the mouth of the Yellowstone river, nearly nineteen hundred miles from St. Louis, and almost a year from the time of starting. A few days later they crossed the present boundary line of Dakota a short distance above where Fort Buford now stands, on their way to the Pacific. The publication of the report of this expedition, the following year, was the means, however, of attracting attention to the possibilities of the great Northwest, and during the next decade several private expeditions visited the regions explored by Lewis and Clark, and some of these touched Dakota. In 1808 the Missouri Fur Company was founded, under the leadership of a Spaniard named Manuel Lisa, and two years later this company established the first permanent trading posts on the Missouri river. John Jacob Astor was granted a charter in 1809, under the name of the American Fur Company, and his agents were soon scattered over the Northwest, seeking out and occupying the most desirable locations. As a result of this activity the American Fur Company acquired almost a complete monopoly of the fur trade, which it maintained until the organization of the Rocky Mountain Fur Company in 1826. For a time, after the advent of this new competitor, the Astor Company lost ground, but it redoubled its energies, introduced improved methods, and by 1832 was again master of the situation. While this rivalry was going on, Pierre Chouteau, an attache of the American Fur Company, built and occupied old Fort Pierre, opposite the present city of Pierre. This was in 1829, though a trading post had been established upon the same site, by Joseph La Frambois, twelve years before. Fort Pierre was afterward relinquished to the United States troops, the government paying the fur company for its improvements. The American Company, about the same time, also built forts, and established trading posts at the mouth of the Yellowstone river, and at the confluence of the two forks of the Cheyenne, about twenty-five miles from the base of the Black Hills. To Pierre Chouteau is due the credit of being the first man to successfully navigate a steamboat upon Dakota waters. In the spring of 1831 he ascended the Missouri with the "Yellowstone," a light draft steamer, reaching Fort Pierre on the 18th of June. The following year two boats, the "Yellowstone" and the "Antelope," went up as far as old Fort Union, with supplies for the trading posts along the river. It is quite probable that this introduction of steamboats by the American Fur Company assisted very materially in restoring its power as the leading factor in the fur trade of the Northwest. Although the Indians regarded these strange craft as "Taku Wakan" (that which is supernatural,) they could not fail to admire the prowess of the men who rashly took passage upon the "medicine canoe." George Catlin, the artist, was a passenger upon the "Yellowstone," and thus describes the effect upon the natives, who hitherto had seen nothing in the way of watercraft more pretentious than the bark canoe of the Indian, or the bateau of the trader. "These poor and ignorant people for the distance of two thousand miles had never seen or heard of a steamboat, and in some places they seemed at a loss to know what to do, or how to act; they could not, as the Dutch did at Newburgh, on the Hudson river, take it to be a "floating saw mill," and they had no name for it - so it was, like everything else (with them) which is mysterious and unaccountable, called medicine (mystery). We had on board one twelve pound cannon and three or four eight pound swivels, which we were taking up to arm the Fur Company's fort at the mouth of the Yellowstone, and at the approach to every village they were all discharged several times in rapid succession, which threw the inhabitants into utter confusion and amazement-some of them laid their faces to the ground, and cried to the Great Spirit-some shot their horses and dogs, and sacrificed them to the Great Spirit, whom they conceived was offended - some deserted their villages and ran to the tops of the bluffs some miles distant; and others, in some places, as the boat landed in front of their villages, came with great caution, and peeped over the bank of the river to see the fate of their chiefs whose duty it was (from the nature of their office) to approach us, whether friends or foes, and to go on board. Sometimes, in this plight, they were instantly thrown neck and heels over each other's heads and shoulders-men, women and children, and dogs-sage, sachem, old and young-all in a mass, at the frightful discharge of the steam from the escape pipe, which the captain of the boat let loose upon them for his own fun and amusement. "There were many curious conjectures amongst their wise men, with regard to the nature and powers of the steamboat. Amongst the Mandans, some called it the 'big thunder canoe,' for when in distance below the village, they saw the lightning flash from its sides, and heard the thunder come from it; others called it the 'big medicine canoe with eyes'; it was medicine (mystery) because they could not understand it; and it must have eyes, for, said they, it sees its own way, and takes the deep water in the middle of the channel." What wonder that a trading company that could evolve such a wonderful thing as the "medicine canoe," should command the respect and awe of these untutored children of the forest, and in the end receive the lion's share of their trade? Among these early traders was Gen. William Ashley. April 11, 1822, he was granted a license by John C. Calhoun, the then secretary of war, "to carry on trade with the Indians of the upper Missouri." Really, General Ashley was representing a company afterward known as the Rocky Mountain Fur Company, but at that time it was the policy of the government to issue licenses to individuals only, though such licenses were frequently used for corporate benefit. General Ashley at once entered the field, with a large stock of goods and a number of agents, and began the work of establishing trading posts. All went well until the 30th of May, 1823, when, as he was descending the river with several boats loaded with furs, etc., he was stopped by the Arickarees, or Rees, with a request to trade. The Rees were different from most of the other tribes of the Northwest. While others depended entirely upon the product of the hunt for their subsistence, the Rees had, to a certain extent, become tillers of the soil, their principal crops being corn and tobacco. For this reason they had been nicknamed "Corn Planters," and were generally looked upon as being the most peaceful of all the tribes along the Missouri. Being desirous of securing a number of horses for an expedition to the Yellow-stone country, General Ashley listened to the request of the Ree chiefs, and landed at their villages, four or five miles above the mouth of the Moreau, or Owl river, on the west bank of the Missouri. The chiefs appeared to be very friendly. They were profuse in their expressions of regret over differences in the past, (caused by the killing of the son of one of the chiefs by some white men,) and promised friendship for the future. Presents were given the chiefs, and forty or fifty horses bought the first day of their negotiations. In Ashley's party there were ninety men. The horses were left on shore, in charge of forty of these men, while the other fifty were to spend the night on the boats. About three o'clock in the morning, on the first of June, one of the men on shore was killed by the Indians, and the alarm soon spread to the boats. Those on board were immediately placed under arms, and remained ready till daylight, expecting every moment to be attacked. At sunrise the Indians opened fire, and for fifteen or twenty minutes kept up a constant fusillade, meanwhile yelling like fiends. Several of those in charge of the horses were killed or wounded by the first volley. The survivors managed to reach the boats, which were east. loose, and drifted down stream, soon getting beyond the range of the guns. Of the ninety men in General Ashley's party, twelve were killed, and eleven were wounded. Although the fire was returned from the boats, and it is certain several Indians were killed, the exact loss could not be ascertained. This attack was so wholly unexpected, that from General Ashley's being a new competitor in a field where the rivalry was already intense, it was thought the Rees had been incited to the act by some of the rival fur companies. This belief was strengthened by the fact that about the same time, two men named Jones and Immel, of the Missouri Fur Company, with forty men, were attacked by a party of Blackfeet, farther up the river. Jones and Immel and five of the men were killed, and about fifteen thousand dollars worth of goods was carried away by the Indians. In both these cases the Indians were well supplied with London fusees, which, it was believed, were furnished them by the agents of Hudson's Bay Company. General Ashley promptly reported this affair to the military authorities, and Gen. Henry Leavenworth was sent with a detachment of troops from Fort Atkinson - now Council Bluffs - to punish the Indians. General Leavenworth lost no time in getting to the scene of action. But in that day, without any means of transportation other than the canoe or bateau, his progress was necessarily slow, so that it was August before he reached the Ree villages. In addition to the two hundred regular troops brought from Fort Atkinson, General Leavenworth had been reinforced by a number of Ashley's men under Major Henry, and a considerable body of friendly Sioux. As this force was approaching the Ree villages, on the 9th of August, a large body of warriors came out to offer resistance. The Sioux allies at once opened the engagement, and a sharp skirmish occurred in which the Sioux were driven back. They were quickly reenforced by the regulars and Ashley's men, and the Rees slowly retired to their fortifications. The fighting continued in a desultory way until nightfall, without either side gaining a decisive victory. Late in the evening the boats arrived, bringing up the artillery. General Leavenworth ordered Lieutenant Morris to take a six pound cannon and a five and a half inch brass howitzer, and occupy a hill about a hundred yards north of the upper village, from which he was to attack the lower town. Captain Riley with a body of riflemen, and Lieutenant Bradley with a company of regulars, were to support Lieutenant Morris, and at the same time Sergeant Perkins, with another six pounder, was to open fire upon the upper village, from a different position. Sunrise, on the morning of the 10th found the troops thus arranged, and soon after the attack began all along the line. The first shot from the cannon killed Grey Eyes, the chief who had caused all the trouble; the second swept away the medicine flag that floated over the chief's lodge, and was supposed to exert some miraculous power for the preservation of those who fought under it. Disconcerted by the fall of their leader, and the loss of their invincible ensign, the Indians were on the verge of a panic. But the chiefs rallied them and they fought doggedly on until the middle of the afternoon. During this time, while the Rees were engaged, the Sioux took advantage of the situation to carry off the corn belonging to the villagers, after which they deserted in a body, leaving the whites to take care of themselves. About three o'clock the Sioux were seen holding a parley with some of the Rees on a distant hilltop, and soon afterward the Rees sued for peace. A council which lasted two days was held. At its conclusion an agreement by which Little Soldier, who was now the head chief, undertook to return General Ashley's stolen goods or render an equivalent, and to offer no further resistance to the establishment of trading posts in the Ree county was reached. General Leavenworth reported to the war department that while the treaty was being negotiated, the representatives of the Missouri Fur Company offered every possible opposition to an amicable adjustment. They wanted a war of extermination. After the treaty had been concluded some of Ashley's men grumbled because, according to their view, full restitution of the stolen goods was not made. Little Soldier was sent for and informed that he had not kept his promises, and that unless he made good the loss immediately, another attack would be made upon the village. He offered a few more buffalo robes-all he could get together- asserted his friendship for the white men, and piteously begged permission to withdraw his family from the village before the attack was begun. General Leavenworth allayed his fears by telling him that the white men were satisfied, and that the villages should not be disturbed. Little Soldier then gave the general a pipe of peace, and received a flag, as tokens that the war was ended. But Little Soldier was not satisfied. Although he had, with true Indian stoicism, concealed his feelings through the sessions of the two days council, he was none the less chagrined and humiliated over his defeat. Then his word had been doubted, and he decided not to remain in the vicinity of those who had questioned his integrity. During the night of August the 12th the entire Ree tribe, except the mother of Grey Eyes, an old infirm woman, who would impede their flight, abandoned the villages. Lieutenants Bradley and Morris were placed in possession of the towns to protect them, and a Frenchman named Charlounau was dispatched in pursuit of the fugitives. With him he carried the peace-pipe presented by the chief to General Leavenworth, and a duplicate of the chief's flag, as emblems that the general's "heart was not bad." He also bore an earnest entreaty to return to the villages, and a warning from General Leavenworth that their homes would be burned by bad white men or bad Indians if left unprotected. After waiting until the 14th, and hearing nothing from the Rees, General Leavenworth placed the mother of Grey Eyes in one of the most commodious lodges, left her a supply of provisions, and set out on his return to Fort Atkinson. Scarcely had the last of the boats disappeared around the bend when a huge volume of smoke from the site of the ill-fated villages told that the general's warning had not been an idle one. It has always been believed that the villages were fired by two men, McDonald, a partner, and Gordon, a clerk, of the Missouri Fur Company. This was the first serious disagreement with the Indians in the territory now included in the States of North and South Dakota. In the engagement at the Ree villages the whites had none killed and but two wounded. Lieutenants Bradley and Morris, when they entered the towns, on the morning after the Indians decamped, counted thirty-one fresh graves, but, as the Indians frequently bury two or three in one grave, the loss was no doubt much greater than the number of graves would indicate. In the spring of 1832 Captain Bonneville, a United States army officer, without a leave of absence, and, with a hundred and ten men, started across the divide to the valley of the Columbia. An observation taken at Laramie' s Fork on the 26th of May, showed them to be in one hundred and two degrees 57 minutes west longitude. Two days later they came to the Black Hills. The journal of the expedition, afterwards edited by Washington Irving, gives the first description of the Hills to be published. While the struggle for supremacy was going on among the different fur companies along the Missouri, similar scenes were being enacted in the valley of the Red river. As early as 1802 Thomas Douglas, the fifth Earl of Selkirk, had his attention called to the advantages of this valley as a field for colonization. Lord Selkirk memorialized the British home office on the subject, but Lord Pelliam, the home secretary, declined to act upon the memorial. In indirect ways he encouraged Selkirk's scheme, but that part of the Red river valley most desired by Selkirk, was included in the grant made to Hudson's Bay Company by Charles II in 1670. In 1803 Lord Selkirk received a grant to a tract of land on Prince Edward's (then St. John's) island, and in the summer of that year sent eight hundred emigrants to his new possessions. The Earl himself came over afterward, made a tour through Canada to the Northwest and returned more thoroughly convinced than ever that a colony might be located somewhere in Manitoba. But the charter of Hudson's Bay Company stood in the way as it was then thought. In 1810, this title became a subject of dispute, the stock of the company declined in value to almost nothing, and Lord Selkirk saw the means of carrying out the plans that lie had so long cherished. Quietly he bought enough stock to give him a controlling interest in the company, and in May, 1811, he applied to the directorate for a tract of forty-five million acres in the Red river valley in what is now Manitoba, Minnesota and Dakota. Of course, holding the large interest he did, entitled his request to consideration. He received the grant asked for, and immediately set about carrying out his idea of colonization. The territory included in the Seikirk grant had for years been occupied by the Northwest Fur Company, whose trade had never been molested, and whose right to occupy the region had never been questioned. When the news reached the trading posts of this company, preparations were made to resist the ingress of any colonists Lord Selkirk might send to the country. The first company came in the autumn of 1811, under the command of Capt. Miles McDonell, with instructions to found a settlement somewhere in the new grant. Near Winnepeg, in Manitoba, they met with a party of French and Indians, who were in the employ of the Northwest Company. Each party charged the other with poaching, or trespassing, and insisted upon immediate evacuation of the premises. Finally the French lost their teniper, a shot was fired, and a combat which ended in the utter rout of the Selkirk forces was precipitated. McDonell then retreated up the Red river to the forty-ninth parallel, where, finding a location to his liking, he halted and founded a settlement. A fort which he named Fort Deer was built about three hundred yards from where the Pembina court-house now stands. For some time the outlook for this little band of pioneers was not encouraging. On the north were the French and Indians of the Northwest Company, only awaiting some pretext to drive them from the country. On the south were the Sioux and Chippewas battling with each other, while all around them were the Kree Indians that might at any moment become hostile. But Scotch determination and English tenacity triumphed and with varying fortunes the little colony lived on, in spite of discouraging circumstances. It was not the purpose of these colonists to enter into competition with the trappers and traders of the Northwest Company, but to devote their attention to agriculture. Each colonist was to receive a hundred acres of land, and Lord Selkirk hoped to build up a permanent settlement in his new possessions. The Northwest Company saw, in the introduction of civilization, the destruction of the fur trade, and litigation was commenced to test the validity of Lord Selkirk's title. The contest thus begun lasted for ten years before Selkirk was fully sustained. Relations between the adherents of these opposing elements naturally grew more and more unfriendly, and little eruptions of ill feeling were frequent. Duncan Cameron and Alexander McDonald were authorized by the Northwest Company to devise means to get rid of the colony at Pembina. Cameron, being a Schotchman, went among the Selkirkers, as they were called, and tried to sow the seeds of distrust. He partially succeeded, drawing some of the Scotchmen at Pembina over to the Northwest Company On January 8, 1814, Captain MeDonell issued a proclamation claiming the soil as the property of Lord Selkirk, and forbidding the removal of provisions out of the territory. The Northwest Company regarded this as equivalent to a declaration of war, and the situation was further aggravated when McDonell sent a "sheriff" to carry out the purport of the proclamation. This "sheriff" was armed with a warrant, and took with him a posse and a small cannon to enforce obedience. Finding the fort of the Northwest Company poorly garrisoned, this troop broke in and carried away a large quantity of provisions, under pretext that they were about to be removed from the country. Cameron and McDonald next tried to hire some Indians, with a few gaudy presents, to burn the Selkirk fort at Pembina and massacre the inhabitants. Failing in this George Campbell, a former Selkirker, who had been persuaded by Cameron to desert, was sent to read an order to surrender. No attention was paid to this order, and a sort of armed neutrality existed until June 22, when the arrival of one hundred more settlers at Pembina caused the Northwest Company to retire temporarily from the field. During the winter of 1814-15 the Pembina colony underwent severe hardships. The winter was unusually rough, food was scarce and their enemies began again to harass them. Exasperated by the conduct of the Northwest Company, Captain McDonell, in the spring of 1815, gave them six months to quit the country. On the 10th of June a lot of half-breeds connected with the Northwest Company, concealed themselves near the fort, fired upon the occupants and killed four of the settlers. They then made a rush and succeeded in capturing MeDonell's cannon. Without adequate means of defense, with provisions scarce, and with hostile enemies all about, McDonell surrendered to the Northwest agent, and the settlers were escorted by friendly Chippewas in canoes to the other Selkirk fort near Winnepeg. Fort Pembina was burned by the Northwest forces, as soon as it was abandoned by the Selkirkers, and they were congratulating themselves upon getting rid of their enemies, when Lord Selkirk himself appeared upon the scene. Under the leadership of Colin Robertson, an old and trusted agent of Hudson's Bay Company, the settlers were conducted back to Pembina, the fort was rebuilt, and for the remainder of the season they were not molested. Lord Selkirk asked the government to give his colony military protection, but his request was refused. About that time some of the Canadian soldiers that had been engaged in the War of 1812 with the United States, were being disbanded. Selkirk, at his own expense, hired and equipped a hundred and twenty of these disbanded troops, and sent them to Pembina. The arrival of these troops not only encouraged the settlers, but placed Colin Robertson, who was still in charge of the colony, in a position where he could assume the aggressive. Early in 1816 he arrested Duncan Cameron and sent him to the headquarters of Hudson's Bay Company to be taken to London for trial. On June 18, a party of sixty, under the command of Cuthbert Grant and Thomas McKay, was sent by the Northwest Company from Fort Wui Appele to the Red river country. The Pembina colony was warned of the approach of this company, and Gov. Robert Semple, of Hudson's Bay Company, who was then at Pembina, went out with twenty-eight men to meet them, and learn their intentions. A man by the name of Boucher, a drunken, insolent fellow, was put forward as spokesman by the Northwest party. In the parley that ensued Governor Semple, who was not an adept in the art of finesse, lost his temper and was immediately shot down by Boucher. Of the twenty-eight that went out twenty-one were killed, and the next day the colony again surrendered to the Northwest Company's agents, and again they were sent down the river. Lord Selkirk went to Fort William, arrested the leaders of the Northwest Company and sent them to the attorney general of Canada for trial. The arrest of these leaders put a stop to hostilities, and the colonists again returned to Pembina, where Lord Selkirk spent the summer of 1817 and directed the affairs of the colony in person. On July 18, 1817, he made a treaty with the Krees and Chippewas for a tract of land on both sides of Red river, from four to twelve miles wide and extending as far south as Grand Forks. During the next five years the life of the Pembina colony was not particularly eventful. Save for the fact that the crops of 1818 were destroyed by grasshoppers, the colony was fairly prosperous. The loss of the crops that year necessitated a trip to Prairie du Chien the following winter to procure wheat for seed and bread. Three bateaux, with six men each, went up the Red river to Big Stone lake, where they made a portage of one and a half miles to the headwaters of the Minnesota river, and then down to Prairie du Chien. Returning by the same route the bateaux, each containing two hundred bushels of wheat, were taken across the portage on rollers. The expenses of this expedition, amounting to more than five thousand dollars, were borne by Lord Selkirk. In 1823 the United States government sent an expedition to the Red river valley, to learn the character of the country along the as yet unsurveyed northern boundary. Maj. Stephen H. Long of the United States topographical engineers was in charge of this expedition, which reached Pembina on the 5th of August, established a camp there which was named Camp Monroe, and remained in the vicinity for several days taking observations. Through the medium of Major Long's expedition Lord Selkirk learned that his fort was outside the British boundary, and he removed his settlement north of the forty-ninth parallel where he had a right. The colony was not entirely abandoned, however, some of the settlers remaining behind to become American citizens, and in 1870, when the United States went to rebuild Fort Pembina, a few descendants of the Selkirk colonists were still found there. Major Long reported that, when he was at Pembina in 1823, he met there an old Frenchman who claimed to have lived there since the winter of 1780-81. As there is no good reason to doubt this story, it is fair to say the first white man settled in Dakota in the year 1780. Dakota has been successively a part of six different states, or territories. In 1804 it was made a part of the District of Louisiana; afterward called the Territory of Louisiana. By the act of June 4, 1812, all the territory included in both North and South Dakota was made a part of the Territory of Missouri. By the act of June 28, 1834, all that portion of the Northwest Territory remaining unorganized was attached to the Territory of Michigan. Two years later - April 20, 1836 - the region was attached to Wisconsin Territory. On June 12, 1838, Dakota became a part of Iowa Territory, and remained so until 1849, when that part east of the Missouri was attached to Minnesota Territory, and that portion west of the river became later a part of Nebraska Territory. In 1851 the legislature of Minnesota divided the eastern portion into nine counties, one of which was called Dakota county. It extended from St. Paul to Yankton, and constituted the sixth council district. In 1832, General Scott held one of the most important treaties with the Indians that was ever held northwest of the Mississippi. Five years later a treaty was made with the Sioux; they ceded to the United States certain lands along the Mississippi river. Although neither of these treaties directly affected Dakota, they attracted attention to the Northwest, turned emigration in this direction, and paved the way for the treaty of 1851. July 23, of that year, at Traverse de Sioux, on the southwest shore of Big Stone Lake, was held that memorable treaty, by which the government acquired possession of the first foot of land in Dakota, to which the Indians relinquished their title. This treaty was with the Sisseton and Wahpeton bands of Sioux. By its provisions all that part of Dakota lying between the Minnesota state line and the Big Sioux river except a reservation along the shores of Big Stone lake, was ceded to the United States. August 5, another treaty was made at Mendota, Minn., with the Medewakanton and Wapekuta bands. By it they ceded to the government their interests in the same tract, and the land was opened to settlement. Five years elapsed, however, before any settlement in Dakota was actually undertaken. When the Territory of Nebraska was organized, in 1854, there was not a white settler on the Dakota side of the Missouri river. September 17, 1851, at Fort Laramie, the Gros Ventres, Mandans and Arickarees were given as a reservation all the land on the south and west of the Missouri, between the Yellowstone and Heart rivers, and the Assiniboines, all between the Missouri and the Yellowstone, north of the latter. By far the greater part of this reservation lies in what is now Montana. In 1855 the Sioux came to the conclusion that the government was not properly living up to the terms of the treaty of 1837, and showed indications of becoming troublesome. Gen. William S. Harney, with the First cavalry, and a detachment of infantry was sent from the Platte to protect the trading posts, and to awe the Indians into submission. General Harney's life had been mainly spent upon the frontier. He had taken part in the Florida war where he had acquired a reputation as an Indian fighter, that is well summed up in the laconic remark of the chief "Billy Bowlegs,"-"If Harney catch Bill, Bill hang; if Bill catch Harney, Harney hang." With General Harney were Nathaniel Lyon, afterward killed at the battle of Wilson's Creek at the beginning of the Civil war; Captain Gardner, who rose to the rank of general in the Confederate army, and Capt. J. B. S. Todd who was seven years later the first congressional delegate from the Territory of Dakota. On the 3rd of September, this expedition came up with a large war party of Brule Sioux, at Little Blue Water, and an engagement ensued in which the Indians lost eighty-six killed, several wounded and quite a number taken prisoners. General Harney passed the winter at Fort Pierre, and during the winter learned that the principal reason for the disaffection of the Indians, lay in the fact that there were too many chiefs. One set of chiefs would be recognized by the traders, another by the government agents, and still a different set by other Indian tribes. From the 1st to the 5th of March, 1856, General Harney held councils, at Fort Pierre, with all the bands of Indians in that part of Dakota, except Big Head's band of Yanktonies, and the Ogallalas. (It was reported by General Harney that the latter were kept out through the influence of their agent, Thomas S. Twiss.) In these councils General Harney insisted upon each band selecting one or more chiefs that must be recognized by all as the only authorized head of the tribe. To assist these chiefs in maintaining order in the tribe, General Harney organized and equipped a number of young braves as policemen, or soldiers, for each chief. These police soon made restitution for goods that had been stolen, and surrendered the depredators to the authorities. Soon after these treaties had been arranged at Fort Pierre, old Fort Lookout was occupied by government troops, and General Harney made his headquarters there until the spring of 1857, when he selected the site and began Fort Randall, where two companies of soldiers were landed by steamboat. The same season Captain Sully, at the head of two companies, marched across the plains from Fort Abercrombie, on the Red river, to relieve part of the command at Fort Pierre, where he remained until the following year, when he recrossed the country to Fort Ridgely. Lyon remained in command at Fort Lookout until 1858, when both forts, Lookout and Pierre, were abandoned, and the troops withdrawn from Dakota except a few companies stationed at Fort Randall. Almost simultaneously with the entrance of General Harney into Dakota, at the head of his military forces, the government sent another expedition to the Black Hills, under the command of Lieut., afterward Maj. Gen., G. K. Warren. Lieutenant Warren was on General Harney's staff, with the topographical engineers. The object of this expedition was scientific exploration and research in the Black Hills and Bad Lands, and incidentally to mark out the best routes for military roads, and the best locations for military posts. The expedition was largely tentative in its nature, but it opened the way for a more pretentious one two years later, under command of the same officer. The year 1855 drew to a close without a single permanent settlement in Dakota. A few adventurers had built cabins, here and there, in anticipation of the consummation of treaties, but the soil was yet unbroken by the hand of civilized agriculture. But the day was now near at hand when all this was to be changed. Sometime in the summer of 1856 a company was organized at Dubuque, Ia., called the Western Town Company, having for its objects the location of town sites, in which speculation just then was rife. Those most active in the affairs of the company were: Dr. G.M. Staples, Mayor Hetherington, Dennis Mahoney, Austin Adams, G. P. Waldron and William Tripp. In October the company engaged Ezra Miller, of Sioux City; Ia., to locate a town site in Dakota, the objective point being the falls of the river, called by the Indians "Te-han-kas-an-da-ta," or "Thick-wooded," but better known to white men as the "Big Sioux." Mr. Miller associated with him another Sioux City man, named D. M. Mills, and early in November the two set out on horseback to carry out the company's orders. For several days they followed along the east side of the Big Sioux, keeping as close to the river as the surface of the country would permit, until just at the close of a dismal November day, in a drizzling rain they came within hearing of the falls. Spurring up their tired steeds they rode down Prospect Hill, and came to the river opposite the little island at the head of the falls. Before they could dismount several Indians suddenly appeared from the neighboring timber, and taking hold of their bridles turned the horses around and pointed up the hill in the direction from which they had come. No indignities were offered, no hostile demonstrations made; neither party could understand the language of the other, but the meaning of the action and the gesture could not be mistaken. Miller and Mills retraced their steps twelve miles, to the mouth of Split Rock river, where they passed a sleepless night, in the fear that they had been pursued. The truth of this account has been brought into question by Dana R. Bailey, in a history of Minnehaha county, Dak., published in 1899. Mr. Bailey says: "Right here the writer will take the liberty to contradict the fiction which has been frequently published, that the party upon approaching the falls were intercepted by a band of Indians, and although neither party was conversant with the language of the other, the travelers could not misunderstand the meaning of the Indian who, taking the travelers' horses by the bridle and turning them about, silently pointed in the direction from which they had come, and that the party immediately hastened back to Sioux City. ... the writer asserts that nothing of the kind took place. The fact is the party had a surveyor with them, and in the name of the Western Town company took undisturbed possession of three hundred and twenty acres of land, and D. M. Mills one hundred and sixty acres." All the other accounts agree that a second attempt was made six weeks later, when Mills returned at the head of another party, located a town site, as suggested by Mr. Bailey, built a log cabin ten by twelve feet, and returned to Sioux City for the winter. During the winter of 18567 another company, known as the Dakota Land Company, was chartered by the legislature of Minnesota. The objects of this company, as provided in its charter, were to locate town sites in the proposed new Territory of Dakota. Foremost among the incorporators were W. H. Bobles, Maj. F. J. DeWitt, J. R. Brown, S. A. Medary, N. R. Brown, Samuel F. Brown, A. G. Fuller and James W. Lynd. Leaving St. Paul in May, 1857, the representatives of this company reached the valley of the Big Sioux, and began operations by laying out the town of Medary, in what is now Brookings county. Farther down the river they located the town site of Flandreau, named in honor of Judge Flandrau, of St. Paul, the town of Medary being named for the then governor of Minnesota. About the same time that the agents of the Dakota Land Company were leaving St. Paul, Jesse T. Jarrett, John McClellan, and two other men, named Oleson and Farwell, were sent out from Sioux City, by the Western Town Company, to hold and improve the town site selected by Mills and his party the winter before. It seems the promoters of the Dakota Land Company had heard of the advantages of the falls of the Sioux, for its representatives, after locating Flandreau, continued on down to the falls, only to find that the Western Town Company had forestalled their intentions by preempting the most available site. Determined not to be entirely defeated, they went a little below the falls and took up three hundred and twenty acres in the name of the Dakota Land Company, and named the place Sioux Falls City. Here they left two men, James Fiske and James McBride, to hold their claim, and proceeded on to the mouth of Split Rock river, where they took up six hundred and forty acres for a town to be called Eminiza, built a cabin on the site, and returned to St. Paul. Meanwhile Fiske and McBride had put up a cabin on the site of Sioux Falls City, and by the middle of July were as comfortably fixed as circumstances would allow. The combined population of the two "cities" at Sioux Falls now numbered five persons: Oleson, Farwell and McClellan of the Western Town Company, and Fiske and McBride of the Dakota Land Company. Although these men represented rival interests, there was perfect amity between them, so that when in the latter part of July a large body of Sioux appeared upon the scene, they made common cause in getting their personal effects into a canoe, at the foot of the falls, and starting for Sioux City. Thus the town sites of both companies were temporarily abandoned. On August 27, 1857, the Indian scare being over, a party of nine men in the employ of the Western Town Company arrived upon the scene, and recommenced the work of building up a town. These nine men were Jesse T. Jarrett, J. L. Phillips, W. W. Brookings, L. B. Atwood, A. L. Kilgore, Smith Kinsey, John McClellan, and two men named Callahan and Godfrey. At Rock river D. M. Mills joined the party. With them they brought one team of horses, and several ox teams, bearing the machinery for a saw mill, implements, and a stock of provisions. Each member of the party selected a claim on the 28th, and they set to work building a mill, house and store, and getting in a supply of hay for the winter. Later Jarrett, Atwood, Godfrey and Mills went back to Sioux City for another supply of provisions. In about ten days Jarrett, who was the company's agent, returned accompanied by Doctor Staples, the founder, and one of the directors of the company. It seems that some complaint had been made to the company regarding Jarrett's management, and Doctor Staples had been sent out to investigate. He was also given authority to make such changes as, in his judgment, the welfare of the company demanded. The result was Jarrett was superseded by W. W. Brookings, and everything went well until the early part of October. All the oxen, except one yoke, had been sent back to Sioux City. Late in the afternoon of October 10th, about a dozen Indians, mounted on ponies, came tearing over the bluffs, yelling like madmen, and before the startled settlers could recover their senses, had surrounded the remaining yoke of oxen and driven them away. Four of the men followed the Indians, in the hope of recovering the cattle, but without avail. The change in leaders, from Jarrett to Brookings, had brought Charles McConnell, R. B. McKinley, S.D. and E. M. Brookings to the Western Town Company's settlement, though D. M. Mills, Jarrett, Callahan and Godfrey had left the falls. About the middle of October, a party consisting of James L. Fiske, James McBride, William Little, James McCall, James Allen, C. Merrill and J. W. Evans, was added to the population. These seven men had been sent out by the Dakota Land Company to make another effort to improve the site located the summer before. Altogether the population numbered seventeen people who spent the winter of 1857-58 at the falls. Three dwelling houses, a store and a saw mill had been erected by the Western Town Company before cold weather set in, and the early part of the winter was spent in getting a supply of logs to the mill. Meantime the legislature of Minnesota had established the county of Big Sioux, including the present county of Minnehaha and some of the adjacent counties, and in December, 1857, the governor of Minnesota appointed James Allen, register of deeds; James Evans, sheriff; James L. Fiske, probate judge; W. W. Brookings, district attorney; j. L. Phillips, justice of the peace; William Little, James McBride, and A. L. Kilgore, commissioners. Thus, as the year 1857 drew to a close, the first authorized government ever known to Dakota was given to Big Sioux county, though at that time the Territory was part of Minnesota. If these officers ever qualified, or acted under their appointment, no record of the fact has been preserved. A. S. H. White, an attache of the Indian bureau, was sent to visit the Yankton Indians, in the spring of 1857, for the purpose of persuading them to send a delegation of their head men to Washington to arrange a treaty ceding their lands to the government. Mr. White failed in his mission, but a few months later Captain Todd, of Fort Randall, was requested by the interior department to make another trial. Securing the services of Charles F. Picotte, as interpreter, Captain Todd held a council with the Yankton chiefs, and through the persuasive powers of Mr. Picotte, who was a man of great influence with the Indians, succeeded. Early in the winter of 1857 Captain Todd started for Washington with the Yankton chiefs, taking Mr. Picotte along. When it became noised about that a treaty was about to be negotiated for lands in the Yankton or James river valley, the old town site fever broke out again. On the first day of February, i858, W. W. Brookings and Smith Kinsey started from Sioux Falls, to secure, for the Western Town Company, a site, where the city of Yankton was afterward built. For several days the weather had been rainy, and when they reached Split Rock river, twelve miles from the falls they were compelled to swim their horses to effect a crossing. That night they reached Rock river, fifty miles from Sioux Falls, but found that stream so high that to cross it was out of the question. There was nothing left for them to do but to return to Sioux Falls, and wait for more favorable weather. That night they encamped on the bank of Rock river, and during the night a terrible "blizzard" set in, so that they were obliged to face a fierce, cold wind on their return journey. This wind often became so blinding that it was impossible to face it on horse back. At such times they would dismount and run beside their horses to keep from freezing. It was after dark when they reached the Split Rock river only to find the ford frozen over, but the ice was not strong enough to bear the weight of a horse. As they were anxious to reach the falls that night they resolved to break a passage. In doing so Mr. Brookings fell into the water, getting thoroughly drenched. With the mercury any where from twenty-five to thirty degrees below zero, his feelings can probably be better imagined than described. Twelve miles from the nearest shelter, in the midst of a Dakota "blizzard" and wet to the skin besides, is certainly not an enviable position. With death by freezing staring him in the face, Mr. Brookings accepted the only alternative, and ran the twelve miles to Sioux Falls, where he arrived with both feet frightfully frozen, and almost completely exhausted. Mortification attacked the frozen feet and it was deemed necessary, in order to save his life, that both should be amputated. Several days journey from a physician with the implements of civilized surgery, and immediate action being necessary, Doctor Phillips with an ordinary butcher knife, well sharpened, and a small tenon saw, performed the operation. And there, upon his pile of buffalo robes, in a cabin with no floor but mother earth, Mr. Brookings not only lived, but regained his health, and became an active and influential participant in the early affairs of Dakota. Although Messrs. Brookings and Kinsey failed to locate the Yankton town site, others had been more fortunate. Frost, Todd & Co., operating under a government license, established trading posts at several points along the Missouri river. In 1857 a trading house was built and a ferry established by agents of this firm, very near the site of Yankton, if not upon it. There seems to be some difference of opinion as to just when the first house was built in Yankton, and by whom it was erected. Maj. Joseph R. Nanson[sic], in his "Reminiscences of Yankton's Early Days," published in the "South Dakotan", says that one Ben Stafford of Sioux City first called attention to the natural advantages of the location, after a trip to the upper Missouri in the fall of 1857. In support of this theory Major Hanson related the experience of C. J. Holman who was one of the party to build the first cabin on the site of Yankton. According to Mr. Holman's story a company was organized at Sioux City and Sergeants Bluff, Ia., to locate the site as described by Stafford. In this company were: W. P. Holman, Judge Campbell, Billy Roberts, a Mr. Lamb, (referred to in a familiar way as the "old man" Lamb,) and one or two others. In March, 1858, this company sent out a party, consisting of C. J. Holman, W. P. Holman, Ben Stafford, Gilbert Bowe, Harry Narveas, Steve Saunders and two others, to take up, improve and hold the site. This party had been in Yankton about three weeks when George D. Fiske and Samuel Mortimer, representing Frost, Todd & Co., arrived upon the ground and camped alongside the Holman party. A week later two men named Sabey Strahm and Johnson Burnett were added to their numbers, and work was begun on a cabin, when a body of Indians suddenly appeared and drove them across the river to Nebraska. Here they built a cabin and waited for news of the conclusion of the treaty, that was now expected any time. While waiting, they cut a number of logs prepared for cabins, and placed them in a position to be floated over to the Dakota side, the moment they heard of the treaty. Word came in May that the treaty had been consummated, the logs were floated over from Nebraska, and by working all night the foundations of twelve cabins were laid. Next day the whole force went to work upon the first cabin, and by night it was almost completed. Just then Chief Dog's Claw, with about seventy-five of his warriors, came along and pitched all the loose building material into the river. The treaty for which they had been waiting was not yet ratified, and no one knew it better than the Indians. Fortunately for the white men, they had left their guns on the Nebraska side of the river. This fact, coupled with the coolness of a man named Bunsell, who had joined the party a few days before, averted serious trouble. The Indians would not attack unarmed men, and Bunsell claimed to be acting under a government license. He showed no papers, because he had none, but his apparent earnestness impressed the Indians and the next day the chiefs and head men joined the whites in a feast, and the cabin was finished without further molestation. Major Hanson further says that the first logs prepared by the agents of Frost, Todd & Co. for their building were confiscated by the Holman party for firewood. In October, 1858, a party of Indians, returning from a hunt, set fire to the Holman cabin and it was totally destroyed. It was never rebuilt. It was asserted by Mr. Holman that the Indians were acting under the influence of Frost, Todd & Co.'s agents who at that time were George D. Fiske, Frank Chapel and J. T. Presho. Another author says the first house in Yankton was built in 1858 by W. P. Lyman, George D. Fiske and others, for a trading post, under a license of D. M. Frost & Co. of St. Louis. Whichever of these accounts may be correct, it is certain that the settlement of Yankton began that season. The year. 1858 was pregnant with events for Southeastern Dakota. April 19, a treaty by which a large tract of land, in the valley of the James, Big Sioux, and Missouri rivers, was ceded to the government, was concluded with the Yankton chiefs, who had gone to Washington with Captain Todd. The boundaries of this cession were as follows: Beginning at the confluence of the Big Sioux and Missouri rivers, thence up the Big Sioux to its junction with Lake Kampeska; along the northeastern shores of said lake to the most northern point of the same, thence in a direct line to the mouth of Snake river (this line is represented by the fourth standard parallel) ; up the Snake river to the head waters; from there in a direct line to the headwaters of East Medicine Knoll creek; down the creek to its confluence with the Missouri, and down the Missouri to the place of beginning. All included within these boundary lines, except a reservation of four hundred thousand acres, was by this treaty opened to settlement. All the islands in the Missouri river were also opened. The reservation began at the mouth of Chouteau creek, and extended up the Missouri for thirty miles, the river forming the southwestern boundary; from the same point to the headwaters of Chouteau creek, which formed the eastern. boundary. The northern and western boundaries were established by survey, so the entire reservation would contain the stipulated four hundred thousand acres. All spring and summer parties of immigrants kept coming in, Sioux Falls and Yankton being the centers of settlement. In May, Minnesota was admitted into the Union. Through the influence of the Dakota Land Company, the boundary line between Minnesota and Dakota was fixed, as it is at present, leaving all west of it unorganized. Thus disconnected from all forms of civilized government, the problem of how to secure the benefits of a regularly constituted government confronted those early settlers of Dakota. As conditions existed each one was a law unto himself. So far all had worked, if not in perfect harmony, at least without friction, but with new settlers constantly coming in the time must soon come when some must be clothed with authority to preserve order. They fully understood that their only source of relief lay in congressional action, as congress only had the power to organize a new territory. But this would require time, and it was therefore important that the matter should be brought before congress at the earliest possible moment, and in the most forcible way. Another reason for organization presented itself. As the number of white settlers increased the Indians looked sullenly on with constantly increasing discontent. They had not yet been placed in possession of the reservation set apart for them by the treaty, yet they saw the white men coming in and taking possession of their hunting grounds. In June, 1858, their dissatisfaction culminated in a raid on all the settlements in the Big Sioux valley, above Sioux Falls, that had been established by the Dakota Land Company the year before. All the buildings at Medary were burned, the settlers there fleeing to Sioux Falls for protection. Soon after this the settlement at Sioux Falls City received word from the Indians that the valley must be immediately vacated. At this time there were thirty-five able bodied men at the falls. A consultation was held in which it was unanimously agreed to stand by their homes. The Dakota Land Company, in the beginning of Sioux Falls City, had the foresight to provide for just such an emergency. A story and a half stone house had been built as a place of refuge in case of attack; around this house a bulwark of sod had been thrown up, inside of which was a spring of pure water. An old circular saw, suspended in the fort served the purposes of an alarm bell, some one pounding upon it with a hammer, in case of a threatened attack. For several days following the burning of Medary, the entire population kept within hearing of this alarm, the men taking turns at standing guard, day and night, to prevent surprises. The scare was soon over, the Indians quieted down, though several of the settlers left Sioux Falls for more congenial localities. The incident presented an additional evidence of the necessity for some sort of government. They must organize for protection. If the managers of the Dakota Land Company had been instrumental in having Dakota cut off from Minnesota, they were now equally energetic in their efforts to secure a territorial organization. Fully cognizant of the power of the press, they determined to encourage some one to start a newspaper. A press, of the old Smith pattern, was sent out from St. Paul during the summer of 1858, and a small stone house was built, as a donation to the man who would undertake to start a paper. In September, S. J. Albright, formerly editor and publisher of the St. Paul "Free Press", brought out the initial number of the Dakota "Democrat". Foreign news items were frequently a month old before they found their way into the columns of the "Democrat"; advertising was scarce because of the absence of business and professional men, as well as population; the subscription list rendered meager returns, and even the job department was not a very great source of revenue. Under all these adversities the paper was finally forced to suspend. But while it was in existence it was an earnest advocate' of early territorial organization, unceasing in its calls upon the general government for prompt action in this direction, and in favor of a local self constituted government until congress should offer relief by erecting a territory of Dakota. It was finally decided to organize a government among themselves, elect a legislature to pass such laws as circumstances required, memorialize congress for a territorial organization, and, above all, elect a delegate to congress to urge the necessity for immediate action Although this idea was first discussed by a very few of the leading spirits, it was not intended that these few should usurp the authority to establish this self constituted government, or to control the affairs of this embryonic state. A mass convention at which it was decided to elect members of the legislature by popular vote was called, and October 4, was fixed upon as the day for the election. One among the earliest pieces of printing from the "Democrat" office was the following: ELECTION NOTICE. "At a mass convention of the people of Dakota Territory, held in the town of Sioux Falls, in the county of Big Sioux, on Saturday, September 18, 1858, all portions of the Territory being represented, it was resolved and ordered that an election should he held for members to compose a Territorial Legislature. "In pursuance of said resolution, notice is hereby given that on Monday, the Fourth day of October, Next, at the House of In the town of In the county of an election will be held for Members of the Council and of the House of Representatives for said Legislature. "The polls will be opened at 9 o'clock in the morning, and close at 4 o'clock in the afternoon of said day. "Dated at this 20th day of September, A. D. 1858. "(Dakota Democrat Print, Sioux Falls City.)" Copies of this notice were scattered all over the Territory After a lapse of almost half a century, an account of how this election was held presents some really amusing features, though at the time every thing was regarded in all seriousness. The whole number of voters in the Territory at that time did not exceed fifty. On the morning of October 4, they divided themselves into parties of three or four, elected each other judges and clerks of election, and then each party, with a team and wagon, started off in whatever direction best pleased them; but all going in different ways. Every few miles they would stop to rest. An election precinct would be established, and an election held. At each of these "precincts" not only would each member of the party cast his vote, but also the votes of as many of his uncles, cousins, and other relatives, as he could think of, until the total vote ran up into the hundreds, all properly tallied and certified to. Shortly after the election the legislature met and organized by electing Henry Masters president of the council, and S. J. Albright speaker of the house. The session was short and at the close, Mr. Masters was elected governor. Henry Masters was a native of Maine, but at the time of the first settlement of Sioux Falls, was living in Brooklyn, N. Y. He first came alone to Dakota, and liking the surroundings at Sioux Falls, sent for his wife and three children, who were with him at the time of his death. Mr. Masters preached the first sermon ever delivered at Sioux Falls, and doubtless the first in the Territory of Dakota. It was in support of the doctrines taught by Swedenborg. A member of this legislature said, several years afterward: "There has never been a regular legislature in Dakota in which dignity, decorum and good order were better observed than in this squatter legislature, and it would be well for other legislatures to take pattern thereby." A few needful bills or resolutions essential to the local welfare were introduced, duly considered and passed, or rejected, as the judgment of the members dictated. Strong resolutions and memorials to congress, praying for the early organization of a territory, were adopted, and A. G. Fuller was elected to represent the Territory in Washington. Mr. Fuller repaired to Washington upon the assembling of congress, but failed to secure admission as a delegate owing to the influence of Frost, Todd & Co., who were opposed to the immediate organization of a territory. They were interested in the site of Yankton, which as yet had a very small population. Under their trading post license, they were entitled to locate a square mile of land around their post to cover their improvements. This would include a large part of the Yankton town site, which they hoped to make the capital of the new Territory. But should immediate organization be effected, and the location of the capital be left to a popular vote, the more thickly populated settlements would in all probability award the prize to Sioux Falls. Another agency which prevented Mr. Fuller from obtaining a hearing was evident. Already the influences which culminated three years later in the great Civil war, were at work. The feeling engendered by the Kansas-Nebraska struggle had not died out, the politicians of North and South alike were engaged in digging the "bloody chasm," and congress was averse to the organization of any more territory under the then existing circumstances. Mr. Fuller succeeded in having a post office established at Sioux Falls, and James Allen was appointed the first postmaster. In July, 1859, the Yankton Indians began to vacate the lands ceded to the government by the treaty of the preceding April, and to go to the reservation set apart for them, near Fort Randall. As the Indians retired white men came in, so that it may be said this date marks the beginning of permanent settlement in the valleys of the James and Missouri rivers, with Yankton as a center. In the fall of this year Major Gregory removed the Ponca Indians to their reservation, on the Dakota side of the Running Water. About the time he had completed this work, a little band of pioneers, struck by the beauty of the location, settled on Bon Homme island, in the Missouri river, about ten miles above Yankton. The little settlement of Pembina, in the extreme northeastern part of the Territory, was also receiving accessions, and the necessity for a territorial organization became more and more apparent. According to an article published in the Elk Point "Courier", a few years ago, the year 1859 was ushered in with a wedding, the first in Dakota. The contracting parties were a Frenchman named John Cloud and a Crow squaw. The ceremony was performed on New Year's day, by John H. Charles, justice of the peace. No one ever contended that this marriage was a legal one. Dakota, at that time was not an organized territory, and Charles was a justice at Woodbury, Ia. Outside of that locality he had no authority to exercise the prerogatives of his official position. But the groom wanted a civilized wedding, and as this was the best to be obtained, he accepted it and went away happy. During the spring of this year, the first white families came to Dakota. They settled in what are now the counties of Clay and Union, between the Big Sioux and Vermillion rivers, and in the vicinity of Yankton. James M. Allen, in a letter to his father, about the time Medary was burned, makes mention of a Mrs. Goodwin, who, with her husband, had come to Sioux Falls City a little while before. He also speaks of her as the only woman in the settlement and she was probably the only woman in the Territory at that time. Two hotels were opened during the season, the first at Vermillion by George Brown, and the second at Yankton, soon after, by H. C. Ash and his wife. Ash's hotel was a log structure, standing upon the site afterward occupied by the Merchant's hotel. Toward the latter part of the summer James McHenry opened a general store at Vermillion. Toward autumn the question of territorial organization again began to occupy the minds of the people. The squatter government of Sioux Falls, this year decided to fill all the offices of a territorial government, by a popular election. A convention was called at Sioux Falls to nominate candidates, but the attendance was limited. Henry Masters was nominated for governor, but his death occurring a few days later, from a stroke of apoplexy, the name of S. J. Albright was placed on the ticket to fill the vacancy. The exact date of this convention is a matter of doubt; but it was probably in the latter part of August, or very early in September, as the death of Governor Masters occurred on the 5th of September. Alpheus G. Fuller was nominated for delegate to congress, but declined on account of his private business, and the nomination went to Jefferson P. Kidder. Again the Dakota "Democrat" was called into requisition to apprise the people of the approaching election. In an old copy, issued in August of that year, is the following: "ELECTION NOTICE. "Notice is hereby given, that on Monday, the 12th day of September, 1859, at the several election precincts in the county of Big Sioux, an election will he held for the following named officers, to-wit: "A Governor, a Secretary of the Territory, a Delegate to Congress, four members of the Territorial House of Representatives, two members of the Territorial Council, a Judge of Probate, a District Attorney, three County Commissioners, a Sheriff, a Register of Deeds, a County Treasurer, a Coroner, two Justices of the Peace, two County Assessors, and two Constables. "Election to be held in the 1st Precinct at the Dakota House; 2nd Precinct at the house of Henry Masters; 3rd Precinct at the house of Charles Philbrick. "J. M. ALLEN, "Clerk Board Co. Commissioners. "Dated this 6th day of August, A. D. 1859." The settlers of Yankton and vicinity, nominated Capt. J. B. S. Todd for governor. The fight was not along the lines of political parties, on general issues, but a rivalry between Yankton and Sioux Falls. Captain Todd received his support from Fort Randall, and those points in the Missouri valley, that favored Yankton for the capital. Sioux Falls, and the settlements along the Big Sioux river, supported Albright, who was in favor of Sioux Falls City. As these forces were nearly equal, the settlement of Pembina, which had no candidate of its own, held the balance of power. Norman W. Kittson, a leader there, was a personal friend, and became an ardent supporter of Mr. Albright, who was elected, his election carrying the capital to Sioux Falls City. Mr. Albright mentions the settlers at Sioux Falls City, at this time, as being Alpheus G. Fuller, J. P. Kidder, S. J. Albright, James M. Allen, J. E. Gay, Byron M. Smith, F. J. DeWitt, W. W. Brookings, Dr. J. L. Phillips, Mrs. Masters, and her three children, C. S. White, wife and child;_____ Greenleaf and wife; Baron F. Freidenrich, and his son; J. B. Amidon, wife and two grandchildren; I. S. Stewart, Joseph Scales, Charles Philbrick, James M. Evans, A. L. Kilgore, L. B. Atwood and James McCall. The second session of the squatter legislature met on the 2nd of November, but for lack of a quorum was not able to transact any business until the 7th. No capitol building had been provided, so the senate, or council, met at the residence of W. W. Brookings, while the house found quarters in the office of the "Democrat". The members of this legislature were as follows: Council: J. B. Amidon and W. W. Brookings, representing Rock and Midway counties; L. B. Atwood and James McCall, from Big Sioux and Pipestone counties, and Joseph Scales, and J. B. Greenway, from the district composed of Yankton and Vermillion counties. In the house Midway and Pipestone counties were represented by J. W. Evans, C. Cooper, J. E. Peters and William Stevens; Big Sioux county by John Rouse, George Freidenreich, S. J. Albright and R. M. Johnson; Rock and Vermillion, by Albert Kilgore, Amos Shaw and William Little; Yankton county not represented. It is quite likely that none of these legislators was a resident of either Yankton or Vermillion counties. A casual review of the names of those constituting the council shows that five of the six members are included in the list of Sioux Falls settlers, given by Mr. Albright, though mentioned as representing other counties or districts. When the legislature convened, "House Bill No. 1 to enact certain laws for the government of Dakota," was already prepared. The basis of this bill was the Minnesota code, amended to suit the conditions then existing in Dakota. W. W. Brookings was elected president of the council, and S. J Albright was again elected speaker of the house. Early in the session they passed a resolution making the Dakota "Democrat" the "official organ of both branches" of the legislature. House bill No.5 "providing for the death or resignation of the governor" passed the house November 14, and two days later passed the council. Upon the death of Governor Masters the office became vacant. S. J. Albright's name was placed on the ticket while he was in St. Paul. When he returned home, he expressed his disapproval of the action of the committee, preferring to be a member of the house, and its speaker, as he had been the year before. Only a few days elapsed between the death of Governor Masters and the election on September 12. It was impossible to notify all parts of the Territory of Mr. Albright's views on the subject. He was elected by the popular vote on the 12th of September, but was given a seat in the house, leaving the office of governor vacant by resignation. Hence originated house bill No. 5 which conferred the office upon the president of the council. The legislature continued in session until November 18, when it adjourned sine die, and with its adjournment ended the last legislative session of the squatter government of Dakota. Notwithstanding Captain Todd had been a candidate for governor, and had received the support of many Yankton people, there was an element there that looked upon the squatter government as irregular. November 8, 1859, a public meeting was held in Yankton to give voice to the sentiments entertained by this class. D. T. Bramble was chosen chairman, and Moses K. Armstrong, secretary. Among other proceedings, they adopted a resolution declaring that, "We do not approve of any election that has been held, nor will we participate in any that may be held in any portion of this territory for the purpose of electing a delegate to Congress, but we trust in the wisdom and justice of Congress to provide us with a legal form of government at an early day." Copies of this resolution were sent to all the settlements in Southeastern Dakota. In November 9, the day following the meeting at Yankton, a similar mass convention was held at Vermillion, J. A. Denton acting as chairman and James McHenry as secretary. At this meeting the Yankton resolution was adopted; other settlements soon joined in the movement, and the real effective work of securing a territorial organization was begun. Whatever may have been the difference of opinion as to methods, all were a unit with regard to the object to be gained. At all the meetings memorials asking congress to establish a territorial government for Dakota were adopted. Strong resolutions of the same tenor were passed by the legislature, as well as memorials to ratify the laws passed and to recognize Judge Kidder as a delegate. As soon as congress convened Judge Kidder went to Washington, armed with copies of all these resolutions and memorials, to which he was prepared to add his personal efforts to secure territorial recognition. He also carried a certificate of election as delegate, dated December 1, 1859, setting forth that he had been "duly elected." This certificate was signed by W. W. Brookings, Governor, ex-officio. Jefferson P. Kidder was a native of Vermont, being horn at Braintree, in that State, in 1816. He was educated in the Orange County Grammar School, the Norwich Military Academy, in which he was afterward a tutor, and received the degree of Master of Arts from the University of Vermont in 1848. He then entered the law office of L. B. Peck, of Montpelier, and studied law. He was a member of the Vermont constitutional convention in 1843; was state's attorney from 1842 to 1849; member of the state senate 1847-8; lieutenant governor of Vermont, 1854; removed to St. Paul in 1857. When elected provisional delegate from Dakota, in 1859, he was not a citizen of the proposed Territory, though he afterward became closely identified with Dakota affairs. In 1865 he was appointed an associate justice of the supreme court of Dakota Territory; reappointed in 1869 and again in 1873; was elected delegate to the Forty-fourth congress in 1874, and to the Forty-fifth in 1876. In 1879 he was again appointed associate justice of the Dakota supreme court, and held the office until his death October 2, 1883. No better man than Judge Kidder could have been found then to present the claims of Dakota to congress. His large personal acquaintance, his high standing in the legal profession and his thorough familiarity with political methods, enabled him to obtain a hearing where other men would have failed. To the memorials and resolutions of the people of Dakota, he added a personal brief, couched in courteous but forcible language, showing why Dakota should be recognized as a territory, and he be given admission as a delegate. He was accorded an honorary seat in the house, and on April 12, 1860, his certificate of election, brief, etc., were all filed with the committee on elections, to whom the whole matter was referred. The official record of this case may be found in document No.73, volume VI, miscellaneous, 1st session of the 36th congress. Few events of importance occurred during the year 1860, the people anxiously awaiting the action of congress. Immigrants continued to come in, though not in large numbers. Those already on the ground proceeded with permanent improvements, confident that the time could not long be delayed when a territory must be established. Log churches were erected at Yankton and Vermillion during the spring, and three preachers, the Reverends Hoyt, Ingham and Martin, were on hand to minister to the spiritual wants of the settlers. Mr. Martin, a Presbyterian preacher from Dakota City, Neb., preached the first sermon, in January of this year, that was ever heard in Yankton. The meeting was held' in a building that had been put up by D. T. Bramble for a store room. Major Hanson, in his Reminiscences, says a whisky barrel served as a pulpit, and that the text was from Proverbs, thirteenth chapter and eleventh verse. The same authority says the opening sentence of Father Martin's prayer, on that occasion, was: "O Lord, may the people of this town not become puffed up with importance because of their greatness, and become proud and haughty, but accept this great trust as coming from the hand of a kind and generous Father, to be used by them in the upbuilding of education and religion to Thy great glory." During the summer Van Meter's ferry was opened, and Compton & Deuel, as proprietors of the new sawmill, announced that they were ready for business. A post office was established at Yankton, and D. T. Bramble was appointed the first postmaster. To accommodate this office the United States mail service was extended from Sioux City, Ia., sixty miles, the mail being brought to Yankton once a week. The first frame house in Yankton was built this year by D. T. Bramble. On December 27, a mass convention was held in Yankton, to again memorialize congress for a territorial government. Petitions were prepared and put into circulation for signatures, after which the meeting adjourned to the 15th of January, 1861. At this adjourned meeting it was found the memorial and petition had been signed by five hundred and seventy-eight citizens. No time was lost in forwarding this petition to Washington, and the people of Dakota soon had the pleasure of hearing that congress had passed an act in conformity to their desires. In January, George D. Fiske, one of the agents of Frost, Todd & Co., was caught in a blizzard and frozen to death. His grave was the first in the settlement of Yankton.