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HISTORY  OF  NORTH  DAKOTA 


NORTH  DAKOTA 


HISTORY  AND  PEOPLE 

OUTLINES  OF  AMERICAN 
HISTORY 


By 
COLONEL  CLEMENT  A.  LOUNSBERRY 

Founder  of  the  Bismarck  Tribune 


ILLUSTRATED 


VOLUME  I 


CHICAGO 
THE  S.  J.   CLARKE  PUBLISHING  COMPANY 

1917 


THE  KEW  YCr.K        1 
PUBLIC  LIBRARY 

ASTsn.  :  I 

TILDE.\  1 


Copyright  1916  by 

CLEMENT   A.   LOTJNSBERRY 

Washington,  D.  C. 

Published   1916 


To  THE  North  Dakota  Pioneers 
and  their  successors,  the  fathers,  mothers 
and  children  of  the  North  Dakota  of  today, 
this    work   is    affectionately   dedicated,   by 

The  Author. 
October  31,  1916. 


PREFACE 


"I  hear  the  tread  of  pioneers, 

Of  nations  yet  to  be, 
The  first  low  wash  of  waves  where  soon 
Shall  roll  a  human  sea." 

— John  G.  IVhitticr. 

More  intensely  interesting  than  a  fairy  tale  is  the  story  of  the  development 
of  the  great  Northwest.  It  is  a  story  of  adventure  and  of  daring  in  the  lives  of 
individuals  not  unmixed  with  romance,  for  there  were  brave,  loving  hearts,  and 
gentle  clinging  spirits  among  those  hardy  pioneers,  and  many  incidents  and  choice 
bits  of  legend  have  been  handed  down,  which  I  hope  may  serve  to  make  these 
pages  interesting. 

It  is  a  story  with  traces  of  blood  and  tears,  illustrating  "man's  inhumanity  to 
man,"  for  there  were  some  among  the  early  traders  who  had  little  regard  for  the 
expenditure  of  these  precious  treasures,  in  their  pursuit  of  "Gold !  gold !  gold ! 
gold !"  that  is  "heavy  to  get  and  light  to  hold,"  as  suggested  by  Hood — the 

"Price  of  many  a  crime  untold 

******* 

How  widely  its  agencies  vary, 
To  save,  to  ruin,  to  curse,  to  bless. 

As  even  its  minted  coins  express, 
Now  stamp'd  with  the  image  of  good  Queen  Bess, 

And  now  of  a  Bloody  Mary." 

It  is  a  story  of  man's  love  for  man,  in  the  \\ork  of  the  early  missionaries,  who, 
in  obedience  to  the  command  of  the  Master,  went  forth  into  the  wilderness  to  lift 
up  and  benefit  the  "untutored"  savage,  who  only  "sees  God  in  clouds,  or  hears 
Him  in  the  wind,"  and  to  bring  refuge  to  his  white  children,  who  had  blazed 
the  way,  and  who  were  languishing  in  des])air.  It  is  a  story  of  heroic  deeds^ 
of  patriotic  devotion  to  duty,  of  suffering  and  bloodshed  and  of  development. 

Whether  I  am  the  one  to  write  the  story,  let  others  judge. 

"Let  us  probe  the  silent  places,  let  us  seek  what  luck  betide  us ; 
Let  us  journey  to  a  lonely  land  I  know. 
There's  a  whisper  on  the  night  wind,  there's  a  star  agleam  to  guide  us, 
And  the  Wild  is  calling,  calling — let  us  go." 

—Robert  IV.  Service,  "The  Call  of  the  Wild." 

vii 


viii  PREFACE 

My  family  in  all  of  its  branches  were  among  the  early  settlers  of  New  York 
and  New  England,  frontiersmen  and  participants  in  all  of  the  early  Indian  wars. 
My  mother's  people  suffered  in  the  Wyoming  massacre.  Among  the  slain  in 
that  bloody  affair  were  seven  from  the  family  of  Jonathan  Weeks,  her  paternal 
ancestor,  who  with  fourteen  fatherless  grand-children  returned  to  Orange  County, 
New  York,  whence  he  came,  abandoning  his  well  developed  farm  near  Wilkes- 
barre,  as  demanded  by  the  Indians. 

I  knew  many  of  the  people  directly  connected  with  the  Minnesota  massacre 
of  1862,  and  the  incidents  leading  up  to  it,  and  the  campaign  following — settlers 
in  the  region  affected,  prisoners  of  the  Sioux,  traders,  soldiers,  missionaries,  men 
in  public  life,  and  many  of  the  Indians.  One  of  the  stockades  built  by  the  settlers 
for  defense,  was  situated  on  the  first  real  property  I  ever  owned,  and  in  a  log 
house  within  this  stockade,  my  first  child,  Hattie,  wife  of  Charles  E.  V.  Draper  of 
Mandan,  N.  D.,  was  born. 

In  July,  1S73,  I  established  the  Bismarck  Tribune,  the  first  newspaper  pub- 
lished in  North  Dakota.  There  were  then  but  five  villages  in  North  Dakota — 
Pembina,  Grand  Forks,  Fargo,  Jamestown  and  Bismarck ;  no  railroad,  excepting 
the  Northern  Pacific  under  construction ;  no  farms,  no  agriculture,  except  the 
cultivation  of  small  patches  by  Indians  and  half-bloods,  or  in  coimection  with  the 
military  posts  or  Indian  agencies ;  no  banks,  no  public  schools,  no  churches.  It 
was  my  fate  to  be  one  of  five  (John  W.  Fisher,  Henry  F.  Douglas,  I.  C.  Adams, 
Mrs.  W.  C.  Boswell  and  myself)  to  organize  the  Presbyterian  Church  Society 
at  Bismarck,  the  first  church  organization  in  North  Dakota,  in  June,  1873,  ^'id  ^^ 
the  autumn  of  that  year  I  was  instrumental  in  organizing  the  Burleigh  County 
Pioneers,  developed  through  my  direction  into  the  North  Dakota  State  Historical 
Society,  of  which  I  was  the  first  president. 

I  was  at  Bismarck  when  a  party  of  Northern  Pacific  surveyors  started  west 
to  siirvey  the  line  of  the  road  from  that  point  to  the  Yellowstone  River,  in  the 
spring  of  1873,  and  saw  the  smoke  of  battle  and  heard  the  crack  of  rifles,  as  the 
engineers  were  forced  to  fight,  even  before  they  got  as  far  west  as  the  site  of 
Mandan. 

I  saw  Gen.  George  A.  Custer  as  he  marched  to  his  last  battle — the  massacre 
of  Custer  and  261  men  of  the  Seventh  United  States  Cavalry  on  the  Little  Big 
Horn,  by  the  Sioux.  Accompanying  him  was  Mark  Kellogg,  bearing  my  com- 
mission from  the  New  York  Herald,  who  rode  the  horse  that  was  provided  for 
me — for  I  had  purposed  going  but  could  not — and  who  wore  t!ie  belt  I  had  worn 
in  the  Civil  war.  which  was  stained  with  my  blood. 

I  saw  the  wounded  brought  down  the  Yellowstone  and  the  Missouri,  by  Grant 
Marsh,  on  that  historic  boat,  the  Far  West,  and  the  weeping  widows  whose  hus- 
bands returned  not. 

The  trail  of  blood,  beginning  at  the  Atlantic,  taking  a  new  start  at  the  Gulf, 
extending  to  the  Pacific,  and,  returning,  starting  afresh  on  the  banks  of  the 
]\Iissouri.  came  to  a  sudden  check  on  the  banks  of  the  Little  Big  Horn  but  it  was 
not  ended,  the  blood  already  spilled  was  not  enough.  The  Seventh  United  States 
Cavalry,  Custer's  Regiment,  was  again  baptized  in  blood  at  \\ounded  Knee, 
and  the  end  was  not  reached  until  the  tragic  death  of  Sitting  Bull  in  1891. 

We  have  the  Indians  with  us  yet — in  many  instances  happy  and  prosperous 
farmers,  their  children  attending  the  schools  and  universities,  the  male  adults 


PREFACE  ix 

having  taken  lands  in  severalty  under  the  Federal  Allotment  Act,  being  recognized 
citizens  of  the  United  States,  and  entitled  to  the  elective  franchise  in  the  Slate 
of  North  Dakota. 

If  I  dwell  upon  Indian  affairs,  it  is  because  I  have  been  interested  in  the 
Indians  from  childhood.  After  the  battle  of  Spottsylvania  I  lay  in  the  field 
hospital  beside  an  Indian  soldier,  wounded  even  worse  than  I.  Not  a  groan 
escaped  his  lips.  I  admired  the  pluck  and  courage,  and  the  splendid  service 
of  the  Indian  soldiers  from  the  states  of  T^Iichigan  and  Wisconsin  in  the  Civil 
war.  I  have  seen  them  in  battle.  I  have  known  their  excellent  service  as 
Indian  police,  I  have  seen  them  in  their  happy  homes,  when  roaming  free  on  the 
prairie,  and  I  know  their  good  points.  Although  I  shall  picture  the  horrors 
of  Indian  wars  in  a  lurid  light,  I  have  no  sympathy  with  the  idea  that  "the  only 
good  Indian  is  a  dead  Indian."  and  I  am  glad  to  know  that  they  are  no  longer 
a  "vanishing  race,"  but  their  numbers  are  now  increasing,  and  to  feel  that  they 
have  a  splendid  destiny  before  them. 

I  have  seen  the  growth  of  North  Dakota  from  the  beginning,  I  have  per- 
formed my  part  in  its  development,  but  in  the  words  of  Kipling's  Explorer: 

"Have  I  named  one  single  river?    Have  I  claimed  one  single  acre? 
Have  I  kept  one  single  nugget? — (barring  samples?)  No,  not  I. 
Because  my  price  was  paid  me  ten  times  over  by  my  Maker, 
But  \'ou  wouldn't  understand  it.     You  go  up  and  occupy." 

I  feel  it  a  duty,  as  well  as  a  privilege,  to  contribute  these  pages  to  its  history. 

Clement  Augustus  Lounsbeerv. 
Bismarck,  N.  D.,  October  31,  1916. 


THE  STATE  FLOWER 
(The  Willi   Rose) 


THE  WILD  ROSE 

The  State  Floiver—the   Wild  Rose, 
Five  petals  of  a  pale,  pink  tint 

Are   round   its   heart   of  gold. 
And  hither,  thither,  ivithoitt  stint, 

It  scatters  o'er  the  world. 


A   touch  of  color,  faint  and  fine 

The  artist  at  his  best. 
Beneath  a  careless,  szuift ^design, 

Supreme  and  self-confessed. 

This  flower  that  runs  across  the  hill 

With  such  unconscious  grace. 
That  seeks  some  wilderness  to  fill 

And  make  a  heavenly  place; 
This  masterpiece  for  common  folk. 

Lit  with  the  artist's  joy, 
Let  no  unthinking,  'wanton  stroke. 

No  ruthless  hand,  destroy. 

■ — Marion  Lisle. 


"The  forest  has  spells  that  enchant  me 
The  mountain  has  pozvcr  to  enthrall. 
Yet  the  grace  of  a  wayside  blossom 
Can  stir  my  heart  deeper  than  all. 


O  sentinels!  piercing  the  cloud  land, 

Stand  forth  in  stupendous  array. 
My  brow  by  your  shadow  enshrouded, 

is  humble  before  you  today. 

But  peaks  that  arc  gilded  by  Heaven 

Defiant  you  stand  in  your  pride! 

From  glories  too  distant  above  me, 

I  turn  to  the  friend  at  7ny  side." 

— From   the  French  of  Louis  Frechette, 

translated  by  Hon.  J.  D.  Edgar. 


CONTENTS 


CHAPTER 

I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 


X. 

XL 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 


XIX. 
XX. 

XXI. 

XXII. 

XXIII. 


XXIV. 
XXV. 

XXVI. 
XXVII. 


PART  I 

PAGE 

Ix  THE  Beginning , 3 

Occupied  for  Indian  Trade 17 

The  Buffalo  Republic 32 

Foltnding  of  Pembina 40 

The  Louisiana  Purchase 53 

"When  Wild  in  Woods  the  Noble  Savage  Ran" "]•] 

Graft  in  Indian  Trade 88 

The  Northwest  Territory — A  Chapter  Apart 99 

The  War  of  1812 117 

PART  II 

Early  Exploring  Expeditions 139 

The  Conquest  of  the  Missouri 154 

The  Conquest  of  the  Missouri  (Continued) 166 

Including  the  Sioux  Massacre  of  1862 186 

In  the  Sioux  Country 205 

Dakota    Pioneers 220 

The  Conquest  of  the  Sioux 237 

The  Conquest  of  the  Sioux  (Continued) 248 

Dakota  Territory 259 

PART  III 

Dakota  Organized 271 

Dakota  in  the  Civil  and  Indian  Wars 282 

Politics  in  Indian  Affairs 307 

Transportation  Development 325 

Red  River  Valley  Old  Settlers'  .\ssoci.»ition 351 

PART  IV 

Division  of  the  Territory 365 

The    North    Dakota    Constitutional    Convention — Ena- 
bling Act 383 

The  State 414 

The  Codes  of  North  Dakota 437 

xi 


xu 


CONTENTS 


CHAPTER  PAGE 

XXVIII.     The  Supreme  Court 444 

XXIX.     Prohibition 461 

XXX.     The  Press  of  N^orth  Dakota 474 

XXXI.     Naming  North  Dakota  Counties 483 

XXXII.     Stories  of  Early  Days 487 

XXXIII.  Pioneer  Settlers  and  Settlements 508 

XXXIV.  History  of  Banking  in  North  Dakota 530 

XXXV.     History  of  Methodism  in  North  Dakota 538 

XXXVI.  Historical  Sketch  of  the  University  of  North  Dakota.  . .   549 

XXXVII.     North  Dakota  Volunteers 561 

XXXVIII.     The  Revolution  in  North  Dakota • 586 


PART  I 


HISTORY  OF  NORTH  DAKOTA 


CHAPTER  I 
IN  THE  BEGINNING 

A  TRAIL  OF  BLOOD 

"Swiftly  walk  over  the  western  wave,  Spirit  of  Night." 

— Shelley. 

In  the  beginning  God  created  the  heaven  and  the  earth,  and  the  earth  was  without  form, 
and  void ;  and  darkness  was  upon  the  face  of  the  deep.  And  the  Spirit  of  God  moved  upon 
the  face  of  the  waters.    And  God  said,  Let  there  be  light,  and  there  was  light. 

— Holy  Scriptures. 

Long  before  the  earth  took  form,  the  universe  existed.  Compared  with  the 
whole,  the  earth's  proportion  is  that  of  a  thought  snatched  from  a  busy  Hfe, 
a  leaf  from  the  forest,  a  grain  of  sand  from  the  seashore,  a  chip  from  the  work- 
shop of  Eternal  Energy. 

Perhaps  it  existed  in  impalpable  dust,  or  fragrnents  left  when  other  worlds 
or  celestial  bodies  were  created,  hurled  together  by  Almighty  Force,  forming  a 
burning  mass,  still  burning  in  the  interior,  changing  but  not  destroying  the 
material  of  which  it  was  made.  Gases  from  the  flames  still  form,  and  finding 
vent  at  some  weak  spot,  the  explosion  and  the  earthquake  follow,  and  portions 
shake  and  tremble,  cities  are  destroyed  or  buried,  and  the  face  of  the  earth  is 
changed. 

Perhaps  a  crust  formed  upon  the  surface  of  the  burning  mass  when  this  old 
earth  was  young,  which,  shrinking  as  it  cooled,  gave  the  mountain  ranges  and 
the  depressions  which  make  the  beds  of  the  seas  and  oceans,  and  out  of  the  vol- 
canoes, belching  forth  their  clouds  of  smoke  and  gases,  came  the  "darkness" 
which  "was  upon  the  face  of  the  deep,"  and  when  the  darkness  disappeared,  and 
life  and  growth  became  possible,  "the  morning  stars  sang  together,"  for  a  new 
world  was  born. 

And  that  world  took  its  course  among  the  planets,  the  portion  receiving  the 
direct  rays  of  the  sun  becoming  tropical,  while  immense  bodies  of  ice  formed  at 
the  poles.  "The  testimony  of  the  rocks"  indicates  that  when  the  ice  was  broken 
loose,  and  plowed  over  the  surface  of  the  earth,  it  was  miles  in  depth.  It  broke 
down,  and  ground  to  gravel  and  dust,  mountain  ranges,  leaving  here  and  there 

3 


4  HISTORY  OF  NORTH  DAKOTA 

the  boulders,  forming  new  valleys  and  new  plains,  burying  the  immense  mass  of 
vegetation  of  that  earlier  period,  giving  to  the  world  its  fields  of  coal. 

Perhaps,  under  this  enormous  accumulation  of  ice,  the  earth  was  changed  in 
its  axis,  possibly  by  some  convulsion  of  nature.  The  fact  that  a  large  portion  of 
North  Dakota  was,  time  and  time  again,  beneath  the  waters,  is  apparent  to  any 
observer,  and  in  all  of  the  eastern  part  of  the  state,  the  work  of  the  ice  is  as 
visible  as  the  stitches  of  a  seamstress  upon  a  completed  garment. 

Neither  life  nor  light  was  possible  in  the  earth's  earlier  stages,  and  after  the 
creation  of  all  other  forms  of  life,  man  appeared,  and  into  his  organization  there 
was  carried  every  element  in  nature,  whether  on  the  earth,  in  the  waters  which 
surrounded  the  earth,  or  in  the  atmosphere — whether  in  the  chattering  ape  or 
creeping  thing,  in  beast  or  bird,  in  fish  or  fowl,  in  life-supporting  or  life-destroying 
principle,  and  to  all  these  life  was  added,  breathed  into  man,  created  indeed 
from  the  dust  of  the  earth  by  Divine  Energy.  And  what  is  life?  We  may  fol- 
low matter  and  find  it  in  its  changing  form,  but  when  life  passes  from  its  earthly 
tenement,  who  can  say  whither  it  goeth  ? 

Man  ate  of  the  tree  of  knowledge.  That  was  God-given,  and  its  use  brings 
its  reward  and  its  punishment,  but  death  is  essential  to  development,  and  is  as 
natural  as  birth.  The  seasons  come,  and  the  seasons  go;  winter  has  its  work 
no  less  than  summer;  the  flowers  bloom  and  fade,  and  so  man  is  born,  matures, 
and  falls  into  decay,  and,  like  the  dead  worlds  which  have  performed  their  mis- 
sions, passes  into  dust  to  be  born  again  into  some  new  form  of  life. 

"The  stars  shine  over  the  earth, 
The  stars  shine  over  the  sea ; 
The  stars  look  up  to  the  mighty  God, 

The  stars  look  down  on  me. 
The  stars  have  lived  a  million  years, 

A  million  years  and  a  day; 
But  God  and  I  shall  love  and  live 

When  the  stars  have  passed  away." 

— Rev.  Jahez  Thomas  Sunderland. 

When  man  appeared  upon  the,  face  of  the  earth  the  strenuous  life  began. 
Doubtless  from  the  beginning  he  "earned  his  bread  by  the  sweat  of  his  brow" 
and  the  quiet  life  of  Abel  invited  the  first  flow  of  human  blood,  which  has  formed 
a  continuous  trail  that  marks  the  course  of  human  development.  Without  blood- 
shed there  has  been  no  advancement,  without  bloodshed  no  redemption ;  no  great 
reforms  have  ever  gained  a  masterly  headway  without  bloodshed ;  no  nation  has 
ever  been  established  without  its  baptism  of  blood. 

Persecution  in  the  old  world  led  to  the  peopling  of  the  new,  and  everj'  step 
in  the  development  of  the  new  world  is  marked  by  human  blood.  There  was 
war  between  the  French  and  the  English  colonists,  war  between  the  Dutch  and 
their  neighbors,  and  cntelty  in  most  revolting  form  by  those  who  sailed  under, 
the  flag  of  Spain  and  gained  a  permanent  foothold  in  the  country  west  of  the 
Mississippi  River.  And  from  the  beginning  the  whites  were  at  war  with  the 
reds,  driving  them  from  one  section,  then  another,  destroying  their  homes,  taking 
from  them  their  wealth  of  game,  and  planting  within  their  breasts  hatred  almost 
undying.     Who  does  not  remember  the  pathetic  words  of  Tah-gah-jute  called 


B        B      il      t|     J    |s\Mi         jpM^i*iL 


^?-:^i.-?;^^^-^^-J-M^^^^^^- 


\  -ri  «*  j(': ' 


V:       H 


'fA 


-J*—- 


■•I^ 


H   S-   V 


-x. 


Ht    NOKRli fETt 


Hcro.v,  o.  c. 


HISTORY  OF  NORTH  DAKOTA  5 

■'Logan?"  He  was  the  son  of  a  white  man  reared  among  the  Indians,  and  was 
known  as  a  Mingo  chief — a  common  term  for  those  Iroquois  hving  beyond  the 
proper  boundaries  of  the  tribe.  He  was  named  for  James  Logan,  colonial  secre- 
tary of  Pennsylvania,  his  father's  friend.  All  the  members  of  his  family  were 
killed  in  the  spring  of  1774,  while  crossing  a  river  in  a  canoe,  and  after  the 
defeat  of  the  Indians  in  the  bloody  war  which  followed,  instead  of  suing  for 
peace  with  the  rest,  he  sent  this  message  to  be  delivered  to  John  Murray  Dun- 
more,  the  last  royal  governor  of  Virginia. 

LOGAN    TO   DUN  MORE 

"1  appeal  to  any  white  man  to  say  if  he  ever  entered  Logan's  cabin  hungry, 
and  he  gave  him  no  meat;  if  ever  he  came  cold  and  naked,  and  he  clothed  him 
not.  During  the  last  long  and  bloody  war,  Logan  remained  idle  in  his  cabin,  an 
advocate  of  peace.  Such  was  my  love  for  the  whites  that  my  countrymen  pointed 
as  they  passed  by,  and  said,  'Logan  is  the  friend  of  the  white  man.'  I  had  even 
thought  to  have  lived  with  you,  had  it  not  been  for  the  injuries  of  one  man. 
Colonel  Cresap,  who  last  spring,  in  cold  blood,  unprovoked,  murdered  all  the 
relatives  of  Logan,  not  even  sparing  my  women  and  children,  and  he  an  officer 
in  the  white  man's  government !  There  runs  not  a  drop  of  my  blood  in  the  veins 
of  any  living  creature.  This  called  on  me  for  revenge.  I  have  sought  it.  I  have 
killed  many.  I  have  glutted  my  vengeance.  For  my  country  I  rejoice  at  the 
gleams  of  peace ;  but  do  not  harbor  a  thought  that  mine  is' the  joy  of  fear.  Logan 
never  felt  fear.  He  will  not  turn  on  his  heel  to  save  his  life.  Who  is  there  to 
mourn  for  Logan?     Not  one." 

KING  Philip's  w.-\r 

"Here  still  a  lofty  rock  remains, 

On  which  the  curious  eye  may  trace — 
Now  wasted  half  by  warring  rains, — 
The  fancies  of  a  ruder  race." 

— Philip  Frcncau.  1752-1832. 

In  July,  1675,  the  King  Philip's  war  commenced.  The  old  and  friendly 
chiefs,  who  appreciated  the  sturdy  integrity  of  the  Pilgrims,  and  their  braves 
who  knew  what  war  was,  had  passed  away.  The  young  men  who  followed  them 
had  become  proficient  in  the  use  of  firearms  and  were  chafing  for  war,  and 
determined  to  provoke  it,  but  believed  they  would  be  defeated  unless  they  avoided 
shedding  the  first  blood.  So  they  wandered  about  committing  depredations  of 
every  kind,  sometimes  snatching  the  prepared  food  from  the  tables  where  they 
appeared  as  unbidden  guests  at  meal  times.  They  killed  the  domestic  animals 
of  the  colonists,  sharpened  their  knives  on  their  doorsteps  while  boasting  of 
what  they  intended  to  do,  and  finally  on  Sunday.  July  20,  1675,  ^  party  of  eight 
called  at  the  home  of  a  colonist  and  demanded  the  privilege  of  sharpening  their 
hatchets  on  his  grindstone,  well  knowing  that  it  would  not  be  permitted  in  view 
of  the  Pilgrim  idea  of  the  Sabbath.  They  went  to  another  house  where  the 
people  were  at  church  and  ransacked  the  closets,  helping  themselves  to  food  ; 
they  shot  the  cattle  of  other  colonists  and  finally  demanded  liquor  of  one  and 


6  HISTORY  OF  NORTH  DAKOTA 

tried  to  take  it  by  violence  when  he  in  his  desperation  fired  on  one  of  them  wno 
was  slightly  wounded,  and  their  purpose  was  gained — the  whites  had  drawn  the 
first  blood,  and  war  was  declared  and  waged  in  all  its  fury. 

Of  the  ninety  villages  which  had  been  settled  by  the  New  England  colonists, 
twelve  were  utterly  destroyed  during  that  war,  and  forty  others  suffered  from 
fire  and  pillage.  The  isolated  settlements  were  nearly  all  destroyed,  the  Indians 
taking  but  few  captives  and  these  being  held  for  torture  or  ransom. 

The  traditions  of  many  families  run  back  to  King  Philip's  war,  some  of 
the  women  and  children  escaping  by  being  placed  in  an  out-of-door  brick  oven 
before  which  wood  was  piled  when  the  men  were  called  out  for  the  common 
defense.  When  the  men  returned  they  found  the  family  safe,  but  the  buildings 
had  been  destroyed  by  fire.  In  Abbott's  "History  of  King  Philip,"  the  author 
graphically  tells  the  story,  and  concludes  with  these  words :  "But  the  amount  of 
misery  created  can  never  be  told  or  imagined.  The  midnight  assault,  the  awful 
conflagration,  the  slaughter  of  women  and  children,  the  horrors  of  captivity  in 
the  wilderness,  the  impoverishment  and  mourning  of  widows  and  orphans,  the 
diabolical  torture,  piercing  the  wilderness  with  shrill  shrieks  of  mortal  agony, 
the  terror,  universal  and  uninterrupted  by  day  or  night — all,  all  combined  in 
composing  a  scene  in  the  awful  tragedy  of  human  life,  which  the  mind  of  the 
Deity  alone  can  comprehend." 

Plymouth  and  Bristol  counties  in  Eastern  Massachusetts  witnessed  some  of 
the  most  exciting  episodes  of  the  Indian  wars,  and  the  conflicts  with  King  Philip 
and  his  warriors  occurred  frequently  in  this  locality.  Their  woods  and  the 
country  lying  between  the  present  cities  have  rung  many  times  with  the  war 
whoop  of  savages,  and  the  waters  of  Mount  Hope  Bay,  and  the  many  lakes, 
rivers,  and  large  ponds,  have  assisted  in  the  transportation  of  countless  parties 
of  attack,  and  of  escape,  as  well  as  great  councils  leading  to  transactions  of  far- 
reaching  consequence  to  the  country. 

King  Philip  and  about  five  hundred  lodges  of  his  people  numbering  upwards 
of  three  thousand,  took  up  their  winter  quarters  in  1675,  near  South  Kingston, 
R.  I.,  on  an  elevated  tract  of  land  surrounded  by  an  almost  impenetrable  swamp. 
It  was  fortified  by  palisades,  a  ditch  and  a  slashing  of  some  rods  in  width,  and 
here  as  at  Pequot  Hill,  they  had  gathered  immense  quantities  of  supplies.  Decem- 
ber 19,  1675,  they  were  attacked  in  this  position  by  a  force  of  about  one  thousand 
colonial  troops  and  their  camp  and  supplies  entirely  destroyed.  More  than 
one  thousand  warriors  were  slain,  and  a  large  number  were  wounded ;  few  of 
the  women  and  children  escaping,  although  many  of  the  warriors  reached  the 
swamp,  and  continued  their  warfare  until  the  bitter  end  in  the  summer  of  1677. 

King  Philip,  however,  was  killed  August  12,  1676,  at  Mount  Hope,  R.  I.  His 
body  was  beheaded  and  quartered  and  the  parts  hung  up  in  trees  to  be  devoured 
by  vultures ;  his  wife  and  children  being  sold  into  slavery.  This  was  the  fate 
of  the  captives  generally.  Those  for  whom  there  was  no  market  were  parceled 
out  among  the  colonists  as  ser\'ants.  The  tribes  engaged  in  this  war  were  the 
Wampanoags,  Narragansetts  and  Nipmucks. 

Similar  scenes  were  enacted  in  the  W'yoming  Valley,  Luzerne  County,  Penn- 
sylvania, July  3,  1778,  when  more  than  three  hundred  settlers  were  slain. 


HISTORY  OF  NORTH  DAKOTA  7 

EXTENDING    THE    FRONTIER 

Before  the  Revolutionary  war,  steps  were  taken  to  extend  the  settlement  to 
the  west,  partly  from  the  impulse  to  expand,  to  grow,  and  partly  from  a  desire 
to  extend  the  frontier  as  a  measure  of  protection.  This  ambition  was  the  leading, 
moving  thought  among  the  great  minds  of  Virginia,  and  it  was  sons  of  Virginia 
who  blazed  the  way  into  the  trackless  wilderness,  and  took  possession  of  Ken- 
tucky, "the  dark  and  bloody  ground,"  where  the  battles  were  fought  and  the 
minds  cultured  which  made  apparent  the  advisability  of  the  purchase  of  Louisiana, 
and  contributed  so  much  to  its  development. 

As  Washington,  then  a  young  surveyor  and  lowly  citizen,  extended  the  lines 
of  survey,  he  was  watched  by  the  red  men,  who  dogged  his  footsteps  and  scalped 
his  unfortunate  assistants  who  happened  to  fall  into  their  hands,  and  often  it 
became  necessary  to  drop  the  tripod  and  compass,  and  take  up  the  rifle  and  the 
knife.  That  which  occurred  in  his  case  was  true  in  the  life  of  almost  all  of  the 
frontier  surveyors,  and  the  frontier  farmer  carried  the  rifle,  as  well  as  the  hoe, 
into  the  field  where  the  work  was  done. 

When  the  little  band  of  Virginians  passed  down  the  Ohio  River  on  their  way 
to  the  unknown  land,  muffled  oars  guided  the  Indian  canoe  behind  them,  and 
stealthily  treading  feet  followed  their  footprints  on  the  land.  When  they  sent 
their  representatives  back  to  Virginia,  it  was  the  eloquence,  the  force  and  the 
patriotism  of  Patrick  Henry — and  the  loving  sympathy  of  his  wife,  Dorothea, 
a  gift  of  God,  indeed — which  gave  to  the  settlers  500  pounds  of  powder, 
to  Kentucky  a  name  as  a  county  in  \'irginia,  and  the  support  necessary  to  the 
life  of  that  colony. 

Startling  and  fruitful  of  results  were  the  incidents  in  the  years  of  warfare 
which  followed.  We  find  in  them  the  chain  of  forts,  the  campaign  of  "Mad" 
Anthony  Wayne,  the  battle  of  Tippecanoe  and  the  war  with  Mexico. 

The  horrors  of  Indian  war  were  again  visited  on  the  frontier  settlers  in  the 
Minnesota  massacre  of  1862,  which  brought  the  trail  of  blood  home  to  Dakota 
doors,  the  story  of  which  will  be  told  with  considerable  detail  in  this  volume,  for 
it  is  important  that  the  youth  of  this  fair  land  should  know  something  of  what 
it  has  cost  to  establish  liberty,  to  extend  the  settlements,  and  to  develop  the 
resources  of  this  country,  until  now  there  is  no  frontier. 

"But  the  Prairie's  passed,  or  passing,  with  the  passing  of  the  years. 
Till  there  is  no  West  worth  knowing,  and  there  are  no  Pioneers ; 
They  have  riddled  it  with  railroads,  throbbing  on  and  on  and  on. 
They  have  ridded  it  of  dangers  till  the  zest  of  it  is  gone ; 
And  I've  saddled  up  my  pony,  for  I'm  dull  and  lonesome  here, 
To  go  Westward,  Westward,  Westward,  till  we  find  a  new  Frontier ; 
To  get  back  to  God's  own  wildness  and  the  skies  \we  used  to  know — 
But  there  is  no  West ;  it's  conquered — and  I  don't  know  where  to  go  I" 

— /.  W.  Foley,  "Sunset  On  the  Prairies." 


CHAPTER  I— Continued. 
OUTLINES  OF  AMERICAN  HISTORY 

THE  FIRST  TRADING  POSTS — BORDER  WARS FRENCH   POSTS THE  ALGONQUINS  AND 

THE   IROQUOIS   OR    SIX    NATIONS INDIAN    ALIGNMENT   IN   THE    BORDER    WARS 

THE    TUSCARORAS A    PATHETIC    APPEAL THE    CHEROKEES THE    CREEKS,    ETC. 

ATTEMPTS  TO   ENSLAVE  THE   INDIANS — THE   MASSACRE  AT   FORT   MIMS. 

THE    FIRST    TRADING    POSTS 

"When  the  cool  wind  blows,  from  the  shining  snows 

On  the  long,  bald  range's  crest, 
I  am  drunk  with  song,  and  the  gold  days  long, 
And  the  big,  bare  sweep  of  the  West. 

Life  is  not  fair,  but  I  do  not  care. 

If  only  I  get  my  fill, 
Of  wind  and  storm,  and  the  mellow  warm 

Of  the  sun,  on  the  sage-brush  hill !" 

— M.  E.  Hamilton,  "The  Pagan." 

In  1608,  Samuel  Champlain  established  Indian  trade  in  North  America  as  a 
business  by  the  construction  of  a  line  of  trading  posts,  with  headquarters  at 
Quebec.  This  was  the  beginning  of  the  fur  trade,  which,  extending  along  the 
lakes  and  to  the  great  Northwest,  led  to  the  formation  of  the  Hudson's  Bay  Com- 
pany in  1670 ;  to  the  struggle  between  the  rival  trading  establishments ;  to  the 
alignment  of  the  Indians  in  favor  of  the  French  or  English,  and  to  the  strife 
along  the  border. 

THE   BORDER   WARS 

The  English  captured  Quebec  in  1629,  but  it  was  restored  to  France  by  the 
peace  of  St.  Germain  en  Laye  in  1642.  In  1654,  Port  Royal,  now  known  as 
Annapolis,  N.  S.,  was  captured  by  the  English,  but  was  restored  by  treaty. 

Compte  de  Buade  Frontenac  was  appointed  governor  general  of  the  French 
possessions  in  North  America  in  1672,  and  under  his  administration,  as  early  as 
1680,  the  French  had  built  military  posts  at  Niagara,  Michilimackinac  (Mack- 
inaw), and  in  the  Illinois  country. 

Frontenac  inaugurated  a  vigorous  war  against  the  Hudson's  Bay  Company 
trading  posts,  and  on  the  English  settlements  along  the  frontier.  Sir  William 
Phips  (or  Phipps),  governor  of  the  Province  of  Massachusetts  Bay  (1692-1694), 
in  1690  in  an  expedition  by  land  and  sea  from  Boston  again  captured  Port  Royal, 
but  failed  in  his  attempts  to  capture  Quebec.  During  Queen  Anne's  war,  1705 
to  1713,  Port  Royal  having  been  restored  to  France,  was  again  captured  by 
Col.  John  Nicholson,  in  1710.  and  renamed  Ann-apolis  in  honor  of  Queen  Anne. 

The  next  year  the  campaign  against  Quebec  under  General  John  ("Jack") 
Hill,  with  2,000  veterans  under  Colonel  Nicholson,   supported  by  a  fleet  com- 


i    ^ 


HISTORY  OF  NORTH  DAKOTA  9 

nianded  by  Sir  Howard  Walker,  failed  through  disaster  to  the  fleet  from  a  storm 
on  the  St.  Lawrence  River.  Queen  Anne's  war  closed  in  1713,  by  the  Treaty 
of  Utrecht,  and  was  followed  by  a  few  years  of  peace,  between  the  French  and 
English,  the  French  gradually  extending  their  dominion  to  the  valley  of  the 
Mississippi  River,  forming  a  chain  of  forts  around  the  English  whose  settle- 
ments were  menaced  at  every  point  beyond  the  Alleghany  Mountains. 

FRENCH   FORTS  ON  THE  BORDER 

As  stated  in  Francis  Parkman's  "Half  a  Century  of  Conflict,"  "Niagara  held 
the  passage  from  Lake  Ontario  to  Lake  Erie,  Detroit  closed  the  entrance  to 
Lake  Huron,  and  Michilimackinac  guarded  the  point  where  Lake  Huron  is  joined 
by  lakes  Michigan  and  Superior,  while  the  fort  called  La  Baye,  at  the  head  of 
Green  Bay,  stopped  the  way  to  the  Mississippi  by  Marquette's  old  route  of  the 
Fox  River  and  the  Wisconsin.  Another  route  to  the  Mississippi  was  controlled 
by  a  post  on  the  Maurice,  to  watch  the  carrying-place  between  that  river  and 
the  Wabash,  and  by  another  on  the  Wabash  where  Vincennes  now  stands. 
La  Salle's  route  by  way  of  the  Kankakee  and  the  Illinois  was  barred  by  a  fort 
on  the  St.  Joseph,  and  even  if,  in  spite  of  these  obstructions  the  enemy  should 
reach  the  Mississippi  by  any  of  the  northern  routes,  the  cannon  at  Fort  Chartres 
would  prevent  him  from  descending  it." 

INDIAN  ALIGNMENT   IN    BORDER    WARS THE   SIX    NATIONS 

The  Iroquois,  known  as  the  "Five  Nations"  until  joined  by  the  Tuscaroras 
of  North  Carolina  in  1713,  were  composed  of  the  Mohawks,  Oneidas,  Onondagas, 
Cayugas  and  Senecas,  the  Tuscaroras  making  the  sixth  of  the  allied  nations. 

THE    ALGONQUINS 

The  chief  tribes  of  this  family  group  were  the  Hurons  or  Wyandottes,  Otta- 
was,  Crees,  Chippewas,  Urees,  Miamis,  Menominees,  Chippisings,  Pottawatamies, 
Sacs,  Foxes,  Kickapoos,  the  Powhatan  tribes  in  Virginia,  the  Mohegans,  Pequots, 
and  other  tribes  of  New  England,  the  several  tribes  being  free  to  exercise  their 
own  preference — the  Shawnee,  Blackfeet  and  Cheyennes,  and  various  other 
lesser  tribes. 

The  Algonquin  tribes  were  bounded  on  the  north  by  the  Esqvumaux,  on  the 
west  by  the  Dakotas  or  Sioux,  on  the  south  by  the  Cherokees,  the  Natchez  and 
Mobilian  tribes. 

THE    HURONS 

The  Hurons  were  a  people  of  strong  militancy ;  they  were  first  encountered 
on  the  St.  Lawrence  River  in  the  vicinity  of  Quebec.  In  their  association  with 
friendly  Indians  they  claimed  and  were  usually  conceded  the  right  to  light  the 
campfire  at  all  general  gatherings. 

Their  confederacy  was  known  in  their  language  as  the  Sendat,  and  finally 
came  to  be  called  Wyandots  (Wendat).  In  the  treaty  of  January  21,  1785,  they 
are  recognized  as  Wyandots.  This  treaty  was  also  with  the  Delawares,  Chippe- 
was, and  Ottawas.  It  was  by  the  use  of  firearms  obtained  from  the  Dutch  that 
the  Iroquois  were  able  to  drive  the  Hurons  from  the  St.  Lawrence,  when  they 


10  HISTORY  OF  NORTH  DAKOTA 

fled  to  the  Michigan  peninsula  and  to  Ohio,  where  they  met  new  foes  in  the 
Sioux. 

The  Recollet  Fathers  estabHshed  a  mission  among  the  Hurons  in  1615;  they 
were  succeeded  in  1626  by  the  Jesuits  who  remained  with  them  until   1648-50. 

The  French  made  a  treaty  of  peace  with  the  Iroquois  in  1666,  which  led 
some  of  the  Hurons  to  return  to  Quebec,  where  the  Notre  Dame  de  Foye  was 
founded  in  1667.     Some  of  the  Hurons  still  reside  in  that  vicinity. 

THE   IROQUOIS   COUNTRY 

In  1713  Canada  was  contiguous  to  the  northern  frontier  of  New  England 
and  New  York;  all  of  the  territory  north  of  the  St.  Lawrence  River  belonged 
to  the  French ;  from  the  great  lakes  southward  the  country  w^as  claimed  by  both 
French  and  English ;  the  boundary  between  New  England  and  Canada  and  New 
England  and  New  York,  occupied  by  the  Dutch,  had  not  been  determined,  and 
was  the  cause  of  much  trouble. 

The  Iroquois  occupied  nearly  all  of  the  valley  of  the  St.  Lawrence,  the 
basins  of  lakes  Ontario  and  Erie,  the  southeastern  shores  of  Lake  Huron  and 
Georgian  Bay,  all  of  the  present  New  York,  excepting  the  lower  Hudson  Valley, 
all  of  Central  Pennsylvania,  the  shores  of  the  Chesapeake  in  Maryland,  as  far 
as  Choptank  and  Patuxent  rivers ;  with  the  Tuscororas  added  the  domain  extended 
from  the  Ottawa  River  to  the  Tennessee  and  from  the  Kennebec  to  the  Illinois 
and  Lake  Michigan. 

The  Algonquin  tribes  completely  surrounded  the  Iroquois  territory.  The 
Hurons  of  this  family  were  invariably  allies  of  the  French,  the  alliance  growing 
out  of  the  fact  that  at  the  very  beginning  of  French  occupation  of  North  America, 
Samuel  Champlain  assisted  the  Hurons  in  their  warfare  on  the  Iroquois,  w^ho  had 
been  their  relentless  foes  since  prehistoric  times ;  their  enmity  terminating  only 
with  the  destruction  of  their  confederacy.  The  Iroquois  on  the  other  hand  were 
generally  allies  of  the  English.  This  alignment  continued  until  the  treaty  of 
1763,  when  the  French  made  a  treaty  with  the  Iroquois.  Thereafter  the  Indian 
alignment  depended  upon  local  considerations. 

On  Jacques  Cartier's  first  voyage  in  1534,  when  he  explored  the  Gulf  of 
St.  Lawrence,  he  met  and  traded  with  the  Indians  on  the  present  coast  of  Nova 
Scotia  and  New  Brunswick.  On  his  second  voyage  the  year  following,  he 
ascended  the  St.  Lawrence  as  far  as  Stadacona — which  name  gave  place  to  that 
of  Quebec  or  Kebec,  given  by  the  Algonquins,  meaning  a  contracted  waterway — 
unopposed  by  the  Indians  who  supplied  him  with  fish,  muskrats,  and  other  articles 
in  exchange  for  the  trifles  he  had  brought  with  him  for  barter. 

THE    BOURG.\DE    OR    STOCK.\DE   VILLAGE 

Iroquois  villages  discovered  by  Cartier  and  Champlain  were  of  great  strength. 
In  1538,  on  the  second  of  October,  Cartier  reached  Hochelaga,  at  the  foot  of 
the  mountain,  (Montreal),  where  he  says  "over  one  thousand  villagers  gathered 
on  the  banks  to  greet  them  with  the  fervor  of  a  parent  welcoming  his  child." 

"The  bourgade  was  round  in  shape  and  compassed  by  a  stockade  of  three 
rows  of  stakes,  the  middle  row  perpendicular,  the  outer  row  inclined  towards 


HISTORY  OF  NORTH  DAKOTA  11 

it.  The  palisade  was  two  lances  high,  and  at  several  points  adjacent  to  the 
palisade  were  elevated  platforms  reached  by  ladders,  on  which  were  piled  rocks 
to  be  used  as  defensive  weapons.  The  enclosure  was  entered  by  a  narrow  gate. 
Within  were  fifty  lodges,  each  fifty  paces  in  length  and  twelve  or  thirteen  paces 
in  width.     In  the  center  stood  a  common  lodge." 

Cartier  says;  "They  take  no  account  of  the  things  of  this  world,  being 
ignorant  of  their  existence." 

Chamijlain,  in  1615,  writing  about  the  Huron  country  in  the  (jeorgian  Bay 
and  Lake  Huron  region,  while  resting  at  the  bourgade  of  Carhagouha,  a  mission 
of  the  Recollet  Fathers,  says  that  it  "was  surrounded  for  defense  with  a  triple 
palisade  of  wood  thirty-five  feet  high,"  but  when  he  reached  the  Iroquois  villages 
to  the  south  of  Lake  Ontario,  which  resisted  his  attack  and  that  of  his  Huron 
allies,  he  found  another  palisaded  town  "much  stronger  than  the  villages  of  the 
Allegomantes   (Hurons)  and  others." 

At  one  time  when  Cartier  was  concerned  by  the  fancied  hostile  attitude  of 
the  Indians  towards  him,  he  protected  his  fort  by  a  deep  ditch,  but  no  attack  was 
attempted.  There  was  a  chain  of  unstockaded  Indian  villages  from  Hochelaga 
up  the  river  to  Stadacona. 

In  1605,  George  Weymouth  visited  Cape  Cod,  remained  some  weeks  in  trade 
and  captured  and  carried  away  five  Indians  intended  for  slaves,  an  incident  that 
led  to  the  first  encounter  by  the  Pilgrim  Fathers. 

A  PATHETIC  APPEAL 

The  Tuscaroras  were  hard  pressed  in  North  Carolina,  many  of  them  having 
been  made  captive  and  sold  into  slavery.  In  1710  they  sent  a  petition  to  the 
provincial  government  of  Pennsylvania,  attested  by  eight  belts  of  wampum, 
embodying  overtures  for  peace.  By  the  first  belt,  sent  by  women  of  mature  age, 
the  mothers  besought  the  friendship  of  the  Christian  people,  the  Indians  and 
the  government  of  Pennsylvania,  in  order  to  be  able  to  carry  wood  and  water 
without  risk  or  danger.  By  the  second  belt,  the  children  implored  room  to  sport 
and  play  without  the  fear  of  death  or  slavery.  By  the  third  the  young  men  asked 
for  the  privilege  of  leaving  their  villages  without  the  fear  of  death  or  slavery, 
to  hunt  for  meat  for  their  mothers,  their  children  and  the  aged  ones.  By  the 
fourth,  the  old  men,  the  elders  of  the  people,  asked  for  the  consummation  of  a 
lasting  peace,  so  that  the  forests  (the  paths  to  other  tribes)  might  be  as  safe 
for  them  as  their  palisaded  towns.  By  the  fifth,  the  entire  tribe  asked  for  a  firm 
peace.  By  the  sixth,  the  chiefs  asked  for  the  establishment  of  a  lasting  peace 
with  the  government,  people  and  Indians  of  Pennsylvania,  whereby  they  would 
be  relieved  from  those  "fearful  apprehensions  they  have  for  years  felt."  By 
the  seventh  the  Tuscaroras  begged  for  "a  cessation  from  murdering  and  taking 
them"  so  that  thereafter  they  would  not  fear  "a  mouse,  or  anything  that  rustles 
the  leaves."  By  the  eighth,  the  tribe,  being  strangers  to  the  people  and  govern- 
ment of  Pennsylvania,  asked  for  an  official  path  or  means  of  communication. 

Their  petition  was  denied  by  the  Pennsylvania  authorities :  but  the  fact  that 
it  moved  the  Five  Nations  to  take  steps  to  protect  them  from  further  encroach- 
ments of  the  white  settlers  who  kidnapped  and  sold  their  young  ])eople  into 
slavery  liecoming  known  in  the  white  settlements,  grave  apprehension  was  aroused, 


12  HISTORY  OF  NORTH  DAKOTA 

and  confirmed  by  the  Tuscarora  war  of  1711-13,  which  followed,  beginning  with 
a  massacre  in  which  seventy  settlers  were  killed  and  many  wounded. 

During  the  progress  of  this  bloody  war  Col.  John  Barnwell  lured  a  consider- 
able number  of  Indians  to  meet  him  under  a  promise  of  making  peace,  but  broke 
the  truce  and  carried  them  away  to  be  sold  as  slaves.  May  20-23,  I7I3>  ^t  the 
palisaded  towns  in  Green  County,  North  Carolina,  392  were  taken  prisoners,  504 
were  killed  (192  scalped)  and  many  wounded,  making  the  total  loss  upwards  of 
one  thousand. 

Some  of  the  Indians  made  captive  during  this  war  were  sold  as  slaves  in 
South  Carolina  and  some  in  the  northern  colonies. 

In  1705  the  Provincial  Council  of  Pennsylvania  enacted  a  law  as  follows: 

"Whereas  the  importation  of  Indian  slaves  from  Carolina,  or  other  places 
hath  been  observed  to  give  the  Indians  of  this  province  some  umbrage  for  sus- 
picion and  dissatisfaction,  such  importation  (shall)  be  prohibited  after  March 
25,  1706." 

June  7,  1712,  while  the  Tuscarora  war  was  being  waged,  an  act  was  passed 
by  the  same  body  forbidding  the  importation  of  Indian  slaves  but  providing  for 
their  sale  to  the  highest  bidder  should  any  be  imported. 

INDI.\N    CIVIL    ORG.'iXIZ.\TIOX WOMAn's    RICIITS    RECOGNIZED 

Among  the  Iroquois,  Hurons  and  other  Indian  tribes,  the  mothers  of  the 
tribe  were  allowed  to  choose  the  chiefs,  subject  to  confirmation  by  the  male 
members,  and  their  consent  was  required  in  the  enactment  of  all  important 
measures.  They  owned  the  home.  The  first  thought  of  the  women  was  the 
care  of  their  husbands,  and  the  children ;  for  them  they  cut  and  carried  the  fire- 
wood ;  for  them  they  brought  the  water,  planted,  cared  for,  harvested  and  stored 
the  crops,  they  tethered  the  horses,  rowed  the  boats,  built  the  winter  cabins, 
pitched  the  summer  tepee,  the  duty  of  the  husband  being  to  defend  against  the 
tribal  enemies  and  to  supply  the  meat  from  the  hunting  grounds,  and  to  be  ready 
for  war  at  all  times. 

MARION    AND    HIS    MEN 

The  Cherokees  were  a  strong  independent  branch  of  the  Iroquois  occupying 
the  southwestern  part  of  Virginia,  western  parts  of  North  and  South  Carolina, 
the  eastern  part  of  Tennessee  and  the  northern  parts  of  Georgia  and  .Alabama. 

They  joined  the  Carolina  settlers  and  the  Catawbas  in  their  warfare  against 
the  Tuscaroras  (1711)  but  formed  a  part  of  the  Indian  league  against  the  Caro- 
linas  in  the  spring  of  1715.  This  league  embraced  the  tribes  occupying  the 
country  from  Cape  Fear  to  the  St.  Mary's  and  back  to  the  mountains,  and  in- 
cluded the  Creeks,  Yamasees,  Appalachians,  Catawbas,  Cherokees  and  Congarees, 
in  all  about  six  thousand.  About  one  hundred  white  settlers  were  slain  in  the 
outlying  settlements  before  there  was  any  warning  of  danger. 

Governor  Francis  Nicholson  of  South  Carolina  negotiated  a  peace  with  the 
Cherokees  in  1721,  and  in  1730,  Sir  Alexander  Gumming,  on  behalf  of  the  British 
Government,  made  a  treaty  with  them  with  a  view  to  counteracting  the  efforts 
of  the  French  to  unite   Canada  and  Louisiana  by  a  cordon  of  military  posts 


HISTORY  OF  NORTH  DAKOTA  13 

through  the  Ohio  and  Mississippi  valleys.  In  1750,  the  Clierokees  were  recon- 
ciled to  the  Six  Nations,  the  bloody  warfare  between  them  closed,  and  they 
became  allies  of  the  British  and  furnished  a  contingent  for  the  capture  of  Fort 
Duquesne  ( 1758)  under  the  command  of  Col.  George  Washington,  who  was  a 
lieutenant-colonel  in  the  command  of  Gen.  Edward  Braddock  at  the  battle  near 
the  Monongahela  River  (1755)  known  as  "Braddock's  Defeat."  In  this  battle 
General  Braddock  was  killed  and  every  officer  in  his  command  excepting  Colonel 
Washington  was  killed  or  wounded.  Four  bullets  passed  through  Washing- 
ton's clothing.  An  Indian  chief  who  participated  in  the  battle  informed  Wash- 
ington, fifteen  years  later,  that  he  had  fired  a  dozen  or  more  fair  shots  at  him 
and  others  made  special  efforts  to  kill  him,  but  they  could  not  hit  him;  that  they 
believed  that  some  "Alanitou"  guarded  his  life  and  that  he  could  not  be  put  to 
death. 

In  order  to  supply  their  needs,  the  Cherokees  on  their  return  to  their  southern 
homes  took  by  force  from  the  plantations  food  which  had  been  refused  them, 
thereby  provoking  a  quarrel  which  resulted  in  the  death  of  several  whites.  To 
avenge  the  Indian  depredations  and  to  secure  the  arrest  of  the  guilty  parties 
an  invasion  of  the  Cherokee  country  followed  in  1759,  under  Governor  William  H. 
Littleton  of  South  Carolina,  with  1,500  men  contributed  by  Virginia  and  the 
Carolinas.  Dissensions  arose  in  the  ranks  of  the  invaders,  and  as  smallpox  was 
prevailing  among  the  Cherokees,  Littleton  accepted  twenty-three  hostages  to 
guarantee  their  good  behavior  and  the  surrender  of  the  guilty.  The  hostages 
having  been  placed  in  Fort  St.  George  at  the  head  of  the  Savannah  River,  the 
Indians  attempted  their  rescue  after  Littleton's  departure  and  in  the  assault 
one  of  the  guards  was  wounded,  whereupon  his  companions  put  all  of  the  hostages 
to  death,  and  an  Indian  uprising  followed,  to  quell  which  South  Carolina  voted 
1,000  men  and  a  bounty  of  £25  for  each  Indian  scalp.  North  Carolina  made  the 
same  provision,  and  authorized  holding  the  captives  as  slaves.  Ma j  .-Gen.  Jefl^rey 
Amherst,  who  commanded  the  British  forces  in  America,  furnished  1,200  troops, 
among  them  the  '"Montgomery  Highlanders."  The  expedition  left  Charleston 
in  April,  1760,  with  instructions  from  General  Amherst  to  take  no  prisoners, 
to  put  to  death  all  who  should  fall  into  their  hands,  and  to  lay  waste  the  Cherokee 
country.  These  orders  were  carried  out  as  to  a  part  of  the  country,  and  in 
June,  1761,  a  stronger  force  was  sent  against  them  under  Col.  James  Grant, 
governor  of  East  Florida,  who  enlarged  the  area  of  blood  and  destruction. 

MARIf>N'    AND    TTTS    MEN 

"A  moment  in  the  British  camp, 

A  moment  and  away. 
Back  to  the  pathless  forest, 

Before  the  break  of  day." 
— William  Cullcn  Bryant,  "The  Song  of  Marion  and  His  Men." 

The  Cherokee  war  of  1761  commenced  with  the  report  which  prevailed  in 
1759,  that  the  Cherokee  Indians  were  murdering  the  frontier  settlers  of  Carolina, 
quieting  down  only  to  break  out  again  two  years  later,  when  the  1,200  regulars 
were  ordered  out  on  a  forced  march  to  their  relief.  May  14,  1761,  they  were 
joined  at   (District)    "Ninety-Six"  by   1,200  provincials  armed   with   rifles   and 


14  HISTORY  OF  NORTH  DAKOTA 

famous  for  their  superior  marksmanship,  and  this  army  of  2,400  men  attempted 
to  force  their  way  into  the  Indian  country,  through  a  dark  defile  in  the  moun- 
tains, but  the  attacking  party  was  received  by  a  concentrated  fire  from  the  Indians, 
poured  upon  them  from  every  rock  and  tree,  which  forced  them  back  to  the  pro- 
tection of  the  main  body — following  them  with  hideous  yells,  and  brandishing 
their  tomahawks  as  long  as  they  dared  continue  the  pursuit. 

Then  began  preparations,  aided  by  other  forces  of  the  "Anglo-American"' 
army  for  waging  war  in  earnest  against  the  Indians,  who  would  naturally  fight 
with  desperation  to  defend  the  only  pass  into  their  country  and  would  follow 
up  a  victory  with  the  crudest  slaughter.  At  sunrise,  the  British  lines  having 
formed  in  small  companies,  supporting  the  provincial  riflemen,  began  to  move 
forward,  soon  coming  in  sight  of  the  enemy,  who  appeared  to  be  restlessly  moving 
backvi'ard  and  forward.  The  position  of  the  forces  and  the  action  in  this  battle 
are  described  by  Col.  Peter  Horry  in  his  "Life  of  Gen.  Francis  Marion,"  a 
life-long  friend  and  comrade  in  arms  of  the  author,  and  in  this  battle  first 
lieutenant  of  a  provincial  company  and  leader  of  the  party  which  explored  the 
dangerous  pass  in  the  mountains  and  was  repulsed. 

Gen.  Francis  Marion  and  his  men  were  brought  up  in  this  school  of  warfare. 
Marion  was  with  Governor  Nicholson  in  his  expedition  of  1759,  and  a  captain 
with  Colonel  Grant  in  1761.  When  Lord  Charles  Comwallis  adopted  the  same 
methods  to  destroy  the  patriots  in  the  Revolutionary  war  that  Amherst  had 
ordered  for  Indian  warfare,  Marion  starting  with  a  force  of  sixteen  men,  soon 
accumulated  an  army  which  drove  the  British  troops  out  of  the  Carolinas.  They 
had  burned  the  homes  of  the  patriots,  destroyed  their  crops,  leaving  women  and 
children  without  food  or  shelter,  reducing  many  from  affluence  to  abject  poverty, 
but  with  unbroken  spirit,  and  yet  Marion,  whose  heart  went  out  to  the  Indians 
in  the  bloody  wars  that  had  been  made  upon  them,  refused  to  allow  his  men  to 
retaliate. 

THE    CREEKS    OR    SEMINOLES 

The  Creeks  occupied  Florida  and  all  that  portion  of  Georgia  and  Alabama 
extending  from  the  Atlantic  to  the  highlands.  They  came  in  contact  with  the 
early  explorers  and  De  Soto  wintered  among  the  Appalachees,  one  of  their  tribes, 
in  1539-40.  The  latter  became  strong  friends  of  the  Spanish,  who  established 
missions  among  them  and  they  had  become  christianized,  and  industrious,  and 
disposed  to  peace  when,  through  attacks  from  the  wild  tribes,  they  became 
involved  with  the  Carolina  settlers,  and  in  1708  Governor  James  Moore  of  South 
Carolina  led  a  strong  expedition  against  them,  destroying  their  villages,  their 
missions,  fields  and  orange  groves.  Another  expedition  the  next  year  completed 
the  work  of  destruction  in  which  the  English  were  aided  by  other  Creek  tribes. 

The  home  of  the  Apalachees  was  in  the  region  about  Tallahassee.  They 
numbered  from  six  thousand  to  eight  thousand  people.  Governor  Moore's  expe- 
dition carried  away  1,000  as  slaves;  others  fled  to  friendly  tribes,  and  what 
remained  sought  refuge  with  the  French  at  Mobile. 

The  Creeks  were  allies  of  the  English  in  the  wars  of  the  Revolution  and 
1812,  and  allies  generally  of  the  Carolina  settlers  in  their  warfare  against  other 
Indian  tribes.     In    1812,  they  were  visited  by  Tecumseh  and  his  brother,   the 


HISTORY  OF  NORTH  DAKOTA  15 

prophet,  and  urged  to  make  war  on  the  whites,  and  occasional  local  outbreaks 
followed. 

THE    FORT    MIMS    MASSACRE 

Early  in  1813,  becoming  alarmed  at  the  threatening  attitude  of  the  Indians, 
550  men,  women  and  children — white,  Indian,  mixed  bloods  and  negro  slaves — 
assembled  at  the  plantation  of  Samuel  Minis,  near  the  confluence  of  the  Alabama 
and  Tombigbee  rivers,  and  built  a  palisaded  fort  where  they  became  overconfident 
of  their  security,  as  the  spring  and  early  summer  had  passed  without  manifesta- 
tions of  hostility;  but  on  August  30,  1813,  as  the  dinner  bell  sounded  at  noon, 
1,000  savages  who  had  been  concealed  in  a  nearby  ravine,  rushed  the  fort  with 
terrifying  yells  and  effected  an  entrance  before  the  gates  could  be  closed. 

The  well-organized  settlers  made  strong  resistance  as  the  battle  raged  within 
that  small  inclosure,  from  noon  until  5  P.  M.,  but  all  fell  except  twelve  who 
cut  their  way  through  and  escaped,  and  the  negroes  who  were  saved  for  slaves. 
Not  a  white  woman  or  child  escaped.  Four  hundred  of  the  inmates  lay  dead 
when  the  battle  closed,  and  about  an  equal  number  of  Creek  warriors  fell  in 
the  furious  fighting. 

The  massacre  aroused  the  whites  of  the  southwest  and  Maj-Gen.  Andrew 
Jackson,  seventh  President  of  the  United  States,  who  was  born  in  North  Carolina, 
and  a  Revolutionary  soldier  at  the  age  of  fourteen,  bred  in  an  atmosphere  of 
border  warfare,  and  educated  in  its  bitter  school,  was  sent  to  punish  the  Indians. 
The  war  was  soon  over,  the  Indians  paying  dearly  for  their  bloody  work. 

THE  FIRST  SEMINOLE  WAR 

In  the  spring  of  1817  the  Creeks,  who  had  then  become  known  as  Seminoles, 
again  began  a  war  on  the  whites  which  through  the  rough  and  vigorous  cam- 
paigning of  General  Jackson  resulted  in  the  cession  of  Florida  to  the  United 
States  by  Spain  in  1819. 

THE  SECOND  SEMINOLE  WAR 

This  war,  commencing  in  1835.  and  lasting  until  1842,  was  begun  for  the 
purpose  of  forcibly  removing  the  Indians  from  lands  which  they  had  ceded  to 
the  United  States  and  their  removal  to  other  lands.  The  cost  in  money  was 
nearly  seventy  million  dollars;  61,000  soldiers  were  employed  and  the  losses, 
principally  from  disease,  never  fully  ascertained,  were  frightful,  but  it  gave  the 
United  States  a  trained  nucleus  for  the  army  of  occupation  in  Mexico,  which  so 
quickly  followed  and  added  lustre  to  American  arms,  which  the  Seminole  wars 
failed  to  bring. 

CONFLICTS   DUE   TO    THE    FLM-t    TRADE 

The  early  history  and  conflicts  in  all  the  colonies  arose  from  the  fur  trade,  as 
between  the  New  York  people  and  the  five  nations  of  Indians  in  Central  New 
York,  also  between  the  Dutch  and  English  and  the  French  and  English.     It  led 


16  HISTORY  OF  NORTH  DAKOTA 

the  Russians  down  our  western  coast  and  to  contest  there  till  the  gold  discovery 
overcame  it.  The  fur  trade  was  the  cause  of  the  Oregon  question  in  later  years. 
It  was  the  universal  impulse  and  cause  of  struggle. 

THE  BUFFALO  AND  BEAVER 

It  is  estimated  that  in  1787  there  were  ninety  millions  of  buffalo  in  the  present 
area  of  the  United  States  proper.  There  were  none  north  of  the  St.  Lawrence 
or  northeast  of  the  great  lakes,  but  the  abundance  continued  northward  from  the 
great  plains  far  into  Canada.  Indeed  the  vast  herds  swarmed  from  the  plains 
nearer  the  Mississippi  westward  to  the  Rocky  Mountains;  the  abundance  was 
greatest  in  our  territorial  days  and  to  preserve  the  great  hunting  grounds  from 
the  Missouri  to  the  Big  Horn  region  and  from  the  Bear  Paw  Mountains,  down 
to  and  beyond  the  Arkansas  was  the  cause  of  the  hostility  and  frequent  Indian 
uprisings,  including  the  Sitting  Bull  wars. 

The  wealth  .springing  from  the  fur  trade  was  enormous.  The  great  wealth 
of  the  times  was  concentrated  from  that  source.  This  trade  extended  clear  across 
the  continent — to  the  Pacific  and  led  to  the  successive  discoveries  of  gold  which 
did  not  lead  settlement  as  the  fur  trade  did.  The  fur  trade  founded  the 
towns  and  trading  posts. 

We  are  surprised  at  the  numbers  of  the  buffalo,  but  the  beavers  were  found 
in  every  state  in  the  Union,  and  are  yet  to  a  limited  extent.  No  other  wild  or  fur 
bearing  animal  was  so  universal.  A  considerable  fur  trade  is  yet  carried  on  in 
the  older  northwestern  and  western  states. 

In  1890  to  1895,  North  Dakota  trappers  had  nearly  extinguished  the  beaver 
of  that  whole  area.  Desiring  to  restore  them,  a  wise  Legislature  enacted  a  law 
for  their  preservation,  with  a  heavy  penalty  attached.  The  result  was  satisfac- 
tory. LInited  States  surveyors  in  remote  regions  found  thriving  colonies  of  those 
remarkable  rodents  in  1898.  repopulating  many  choice  streams  in  happy  security. 


CHAPTER  II 

OCCUPIED  FOR  INDIAN  TRADE 

THE  Hudson's  bay  company — prixce  rupert's  land — the  north-west  and 

X.    Y.    COMPANIES ALEXANDER    HENRY's    RED    RIVER    BRIGADE THE    EMBARKA- 
TION  THE    INDIAN    HUNTING    GROUNDS,    ABOUNDING    IN    BEARS,    BEAVERS    AND 

BUFFALO TERRORIZED    BY   THE    SIOUX — THE    PARK    RIVER    POST — ^STORY   OF   THE 

BRITISH    FLAG THE    VICIOUS    ELEMENT    OF    LIQUOR — SACRIFICE    AND    THANKS- 
GIVING  AN     ATTEMPT    AT    BRIBERY — HUNTERS     AND    THE    SPOILS CONTRACTS 

WITH     THE    LORDS    OF    THE    FORESTS EARLY    TRADING    POSTS PEMBINA     POST 

ESTAliLISHED. 

"For  mankind  are  one  in  spirit,  and  an  instinct  bears  along 
Round  the  earth's  electric  circle,  the  swift  flash  of  right  or  wrong, 
Whether  conscious  or  unconscious,  yet  Humanity's  vast  frame, 
Through  its  ocean-sundered  fibres,  feels  the  gush  of  joy  or  shame — 
In  the  gain  or  loss  of  one  race  all  the  rest  have  equal  claim." 

— James  Russell  Lowell. 

THE  Hudson's  bay  company — prince  rupert's  land 

.  In  1609  Henry  Hudson,  a  navigator  of  English  birth,  sailing  under  the  flag 
of  the  Dutch  West  Indies,  ascended  the  stream  now  known  as  Hudson  River, 
discovered  by  Giovanni  de  Verrazano  in  1524.  The  next  year  he  explored  Hud- 
son Bay,  and  perished  on  the  voyage.  In  1667,  the  Duke  of  York  and  Prince 
Rupert  formed  a  company  in  England  for  the  exploration  of  Hudson  Bay  with 
a  view  to  trade,  and  two  vessels  were  dispatched  for  the  purpose ;  one  of  them 
the  Nonsuch  Ketch,  commanded  by  Capt.  Zachariah  Gillam  of  Boston,  reach- 
ing Hudson  Bay  in  September  of  the  following  year.  The  winter  was  spent  in 
that  region  at  Fort  Charles.  They  returned  to  Boston,  and  thence  to  London 
in  1669,  and  proceeded  to  organize  the  Hudson's  Bay  Company,  which  was  char- 
tered by  Charles  II,  May  2,  1670,  the  king  himself,  his  brother  the  Duke  of  York, 
and  his  nephew  Prince  Rupert,  leading  a  long  list  of  distinguished  stockholders. 
They  were  granted  exclusive  privileges  on  Hudson  Bay  and  along  the  streams 
flowing  into  the  bay  and  their  tributaries,  embracing  a  vast  region  which  came 
to  be  known  as  Rupert's  Land,  including  the  Red  River  coinitry  and  the  streams 
tributary  to  the  Red  River,  until  restricted  by  the  location  of  the  international 
boundary  after  the  Revolutionary  war. 

The  Hudson's  Bay  Company  had  full  power  to  own,  occupy,  govern,  sell 
and  convey,  and  were  authorized  to  maintain  armies  and  levy  war,  if  necessary 
for  defense,  but  for  more  than  one  hundred  years  they  had  been  content  to  con- 

Vol.  1—2 

17 


18  HISTORY  OF  NORTH  DAKOTA 

fine  their  attention  to  the  shores  of  Hudson  Bay,  and  to  trade  with  the  Indians 
visiting  their  factories,  as  their  trading  posts  on  the  bay  were  called.  But  the 
French  traders  from  Montreal  were  occupying  portions  of  their  country,  and 
were  pushing  on  beyond  them,  while  strong  opposition  had  arisen  in  England, 
which  demanded  the  annulment  of  their  charter,  or  at  least  an  equal  opportunity 
for  trade.  In  1797,  the  company  extended  their  trade  to  North  Dakota  points 
on  the  Red  River,  and  to  the  Missouri  River  and  other  places  west  and  north. 
They  continued  to  own,  occupy  and  govern  Rupert's  Land  until  1869,  when 
they  sold  their  possessory  rights  to  Great  Britain,  and  in  1870  Rupert's  Land 
became  an  independent  province  in  the  Dominion  of  Canada,  known  as  Manitoba. 
The  Hudson's  Bay  Company,  however,  continued  in  business  as  a  commer- 
cial organization,  in  direct  competition  with  which  James  J.  Hill  built  and 
operated  a  fleet  of  steamboats  and  flatboats  to  such  advantage  that  they  willingly 
formed  a  combination  with  him  to  control  the  transportation  business  of  the 
Red  River.  They  still  occupy  and  govern  leased  territory  in  the  British  posses- 
sions. The  building  by  Mr.  Hill  of  his  first  steamboat  was  the  initial  venture 
in  the  Canadian  Northwest  of  the  man  who  died  in  St.  Paul  on  May  29,  1916, 
leaving  a  vast  estate,  and  a  reputation  unsurpassed  in  the  world  of  commerce 
and  finance. 

THE   NORTH-WEST  COMPANY   ORGANIZED 

In  1783  the  rival  Alontreal  traders  consolidated  under  the  name  of  the  "North- 
West  Company,"  and  pushed  its  trade  into  new  and  hitherto  unexplored  regions. 
Sir  Alexander  Mackenzie  leaving  on  his  first  expedition  on  behalf  of  this  com- 
pany in  1789,  exploring  the  Mackenzie  River  and  making  other  important  dis- 
coveries, points  on  the  upper  Mississippi  having  been  occupied. 

The  Hudson's  Bay  Company  had  greater  resources  and  were  pushing  their 
explorations  with  much  vigor.  In  1801  another  company  was  organized,  with 
which  Sir  Alexander  Mackenzie  became  interested  on  his  return  from  Europe, 
known  as  the  "X.  Y.  Company,"  these  initials  being  adopted  for  marking  their 
goods,  in  order  to  distinguish  them  from  the  "H.  B."  of  the  Hudson's  Bay  Com- 
pany and  the  "N.  W."  of  the  North-West  Company.  In  selecting  this  title  they 
chose  the  letters  of  the  alphabet  immediately  following  the  "W"  of  the  North- 
West  Company,  to  let  them  know  they  were  right  after  them,  and  intended  to 
make  their  opposition  merciless. 

ALEXANDER  HENRY — THE  RED  RIVER  BRIGADE 

In  the  year  1800  Alexander  Henry,  a  nephew  of  Alexander  Henry  mentioned 
in  connection  with  the  early  fur  trade  on  Lake  Superior,  but  known  in  history 
as  Alexander  Henry,  Jr.,  was  the  leader  of  an  expedition  which  set  out  from 
Lake  Superior  with  Turtle  River  for  its  objective  point.  It  was  Henry's  inten- 
tion to  establish  his  headquarters  on  that  stream  for  use  while  in  charge  of  the 
Red  River  District  to  which  he  had  recently  been  assigned  by  the  North-West 
Company.    His  party  bore  the  title  of  "Henry's  Red  River  Brigade." 

The  manuscript  journals  of  Alexander  Henry  and  David  Thompson,  1799- 
1814,  edited  by  Dr.  Elliot  Coues,  were  published  by  Francis  P.   Harper,  New 


HISTORY  OF  NORTH  DAKOTA  19 

York,  1897.  Doctor  Coues  was  a  surgeon  in  the  United  States  army  and  the 
medical  officer  on  the  boundary  survey  of  1872-1876,  and  was  famiHar  with 
much  of  the  country  of  which  Thompson  and  Henry  wrote.  Thomspon,  learned 
in  mathematics  and  astronomy,  was  in  charge  of  the  location  of  the  boundary 
line  on  behalf  of  the  North-West  Company  of  which  he  was  the  geographer. 


THE  EMBARKATION 

After  a  portage  of  nine  miles  from  Lake  Superior  to  a  point  on  Pigeon  River, 
Alexander  Henry  and  his  party  left  for  the  mouth  of  the  Assiniboine,  on  the 
Red  River,  July  19,  1800,  where  they  arrived  on  the  17th  day  of  August. 

On  starting  from  Lake  Superior  the  men  were  each  given  a  two-gallon 
keg  of  liquor,  and  on  the  fifth  day  they  reached  the  height  of  land  where  they 
"finished  their  small  kegs  and  fight  many  a  battle."- — Henry's  Journal. 

At  the  first  stop  three  leading  Indians  accompanying  the  expedition  were 
each  given  various  articles  of  merchandise,  including  a  scarlet-faced  coat  and 
hat,  a  red,  round  feather,  a  white  linen  shirt,  a  pair  of  leggings,  a  breech  clout, 
a  flag,  a  fathom  of  tobacco,  and  a  nine-gallon  keg  of  mixed  liquors — two  gallons 
of  alcohol  to  nine  gallons  of  water  being  the  usual  mixture.  After  giving  them 
their  presents,  Henry  made  a  formal  address  to  the  Indians,  encouraging  them 
to  be  good  and  follow  him  to  Turtle  River,  and  not  to  be  afraid  of  the  Sioux, 
but  just  as  he  was  giving  them  their  farewell  glass,  before  their  return  to  their 
tents  to  enjoy  their  liquor,  some  of  the  women  reported  that  they  had  heard 
several  shots  fired  in  the  meadow.  A  council  was  immediately  held.  Henry 
ordered  them  to  leave  their  liquor  with  him  and  put  off  their  drinking  until 
the  next  day,  but  they  had  tasted  the  liquor  and  must  drink,  even  at  the  risk  of 
their  lives.  They  requested  Henry  to  order  his  men  to  mount  guard  during 
the  night. 

Tobacco,  beads  and  wampum,  the  shell  currency  of  the  early  fur  trade, 
were  measured  by  the  fathom.  Six  feet  of  the  cured  and  twisted  tobacco  plants, 
cut  in  suitable  lengths,  was  called  one  fathom  and  had  a  value  equal  to  one 
beaver  skin.  Beads  in  number  having  a  current  value  of  60  pence  were  called 
one  fathom ;  six  strings  of  wampum — one  foot  in  length — whether  in  bunch, 
bundle  or  belt,  or  in  the  form  of  loose  shells  sufficient  to  make  that  much 
were  called  a  fathom.*  Canoes  were  also  sold  by  the  fathom,  according  to  their 
length. 

Having  reached  the  Assiniboine  August  17th,  on  the  i8th  the  party  divided, 
and  that  portion  intended  for  the  Red  River  embarked  on  the  20th.  There  were 
four  canoes  in  this  party,  carrying  a  total  of  twenty-one  persons.  Two  horses  were 
led  along  the  shore,  and  Henry  claimed  that  these  were  the  first  introduced  into 
the  Red  River  Valley  by  the  whites.  Such  an  assemblage  of  canoes  was  called 
a  "brigade,"  and  the  master,  standing  between  the  proprietors  and  the  men,  was 
called  the  "bourgeois." 

Each  canoe  was  loaded  with  twenty-six  packages  of  merchandise,  or  an  equiv- 
alent  in  baggage,   each   package   weighing  90  pounds.     The   packages   were   so 


*  See  "Exchange,   Commerce  and  Wampum   Hand   Book,   American   Indians,"   "Bureau 
of  American  Ethnology  Bulletin  No.  30." 


HISTORY  OF  NORTH  DAKOTA 
„.„,ed  <o.  convenience  ,„  .,.»po-uo^    ^:Z Z^ ^^'^^^ <^- 

!r,:a;^l;r':•s^.r::■srI; »,... ».™. .,«,., 

Pierre  Bonga,  a  negro  «"»;«  "fJ'LalZs'  (son,e.in,es  mentioned  as  Colore.) 
Second  canoe-E.ghth    Micliael  Lai.         K  ,  s„„,e,i,nes  mentioned 

aeric,  «i.h  «Yr  G^:  rfC-     c-an^*:  w.S  l,i.  wife;  t.mit.  JoacMm 
as  Lagace  or  La  basser)    voyage     '  RainviUe  m  transcnb- 

Z!,rnjJm.  Jean  Baptiste  ^--t    ;oy^|-  ™^^^^^^^^  .,,e  and  two 

Third  canoe-Thirteenth,  Jean  Bapti.te  Uemerais  P  j^f. 

children;    fourteenth,    Jean   ^apt^ste   Laroc  -     Sr     .o^J^^^  ^.^^^^^  ^^^_ 

teenth,  Jean  Baptiste  Larocque,  Jr..  -^^J^S^ll''''       '  „,idnran. 

voyageur,  -^dn.an ;  seventeenth    Fran  o.Ro^^^^^^  ^^^^^^^^^    ^^^^_ 

Fourth  '^-"^--Ef -"f  •  J,f'ctarks  Bellegarde,  voyageur,  steerer;  twen- 
ductor,  wife  and  child;  "•"^^^'="^;;^^,^"  ^  ^.^t  Nicholas  Pouliotte,  voyageur, 
tieth,  Joseph  Hamel,  voyageur,  midman  .  twenty  nrst, 

™'^"'^"'  THE    INDIAN    CONTINGENT 

T„ero   were   forty-five   Indian   canoes.   '^^  ^ftelyZlVt^^'^i 
Indians  and  the.r   families,  who  -'''•"''"'f^^'^^^JZlL.  goods  on  credit 
engagtng  in  Itnntn.g  and  -"PP'"?- jf"  ZT 
to  be  paid  for  from  the  proceeds  "'.*«  f"="'„„„„,,.  „  „,;„,  „„  explorations  of 

FlLonth.  a  noted  Indian  me,,„o„e     n   -     "  °;;.1„,  ,J,„,  Corheau. 
Ue„t.Z^M.Pih.^wasan,ongteIndans.^a^^^,        y  ^^^    ^^^^^„^,    ^^,„ 

Short    Arms,    and    Buttaio.     iney  j      nttawas 

'•Salteurs"  by  Mr.  Henry,  and  a  -f  .-^^f"  ^n  r^^a  ning  for  the  winter 
September  2.  1800.  the  brigade  divided    a  ^^'^L    Z     Henry,   Demerais. 
near  ihere  Morris,  Manitoba    is  -^^f^^s^^^   Be^uSiemll  Lafrance, 
Bellegarde,  Daisville,  Rogers,  Benoit,  the  two  Larocques 
Barbe    ChLrbonneau,  McDonald  and  Bonga.  going  on  to  Park  River. 

.HE   H.NTINC,   OKCNHS-BEAKS,   BE.VEK,   B.EEAEO,  .EEK  AN.  OTHEK  CAME 

-E.0.1  T^ivpr  and  its  tributaries,  and  reported  to 
The  large  number  of  bears  on  R  d  ^^^J  ^  J^^.k.ble  feature.     The  ter- 

be  on  the  Sheyenne  R-", -/ ,°^^-  ^^'^    !  .iie  was  disputed  ground,  where 
ritory  contiguous  to  Devils  Lake  and  *^  Sheyemiej  ^^^  ^^^^^^  ^^^ 

it  was  dangerous  for  either  t^-   Sioux  or  O^pp^wa    o^^^^^  ,^^^^^^^^      ^^  ^^^ 
favoritebreedingplacefo^heba     ,*reU.y^^   ^^^^^   ^^^^^   ^^^^^ 

party   advanced   up   *^   ^  ^/n;;;^-,  ^.en   "made   so   much   noise"  that  they 
bears      They  complained  that   Henry  s  men 
could  not  kill  bears  and  other  large  game. 


HUNTING  THE  GRIZZLY  BEAR 

From  a   painting-  by   Charles  Bodmer   from  "Travels   to  the  Interior  of  North  America  in 

1S33-3-4,"  by  Maximilian,  Prince   of  Wied,   1843. 


HERDS  OF  BISON  AND  ELK  ON  THE  UPPER  MISSOURI 

From   a   painting  by   Charles  Bodmer   from   "Travels  to  the  Interior  of  North   America  in 

1833-3-4,"   by   Maximilian,   Prince   of   Wied,   1843. 


HISTORY  OF  NORTH  DAKOTA  21 

September  6th  the  Indians  killed  four  bears  and  eight  deer.  While  they 
were  pitching  their  temporary  camp,  a  bear  came  to  the  river  to  drink.  Henry 
shot  him,  but  he  ran  off,  and  was  found  sitting  under  a  brush  heap,  grumbling 
and  licking  his  wounds.  Another  shot  killed  him.  The  next  day  seven  bears 
were  noticed  drinking  from  the  river  at  the  same  time.  Red  deer  were  whistling 
in  every  direction,  and  a  wolf  came  near  and  was  killed.  The  men  killed  a  stur- 
geon with  an  axe. 

They  arrived  at  Park  River  September  8,  i8oo,  about  2  P.  M.,  and  it  being 
plain  that  the  Indians  would  go  no  farther  up  the  river,  it  was  determined  to 
build  a  post  at  that  point. 

TERKORIZED    BV    THE    SIOUX 

Tiie  Sioux  were  the  terror  of  all  the  neighboring  tribes,  and  the  enemy  of 
all.  They  wandered  over  the  prairies  in  large  bodies  and  in  small,  attacking 
when  they  thought  it  safe,  lying  in  wait  in  ravines  or  timber,  to  attack  women 
or  children,  as  they  came  for  water,  berries  or  roots.  They  lingered  about  the 
camps  in  the  hope  of  securing  scalps,  when  they  would  return  to  their  home  as 
"big  Indians,"  and  bask  in  the  sunshine  of  admiration. 

For  these  reasons,  there  was  an  ever-present  feeling  of  dread  of  the  Sioux, 
not  only  among  the  Chippewa,  but  also  among  the  Mandans,  Gros  Ventres 
(Hidatsa)  and  Arikaras,  which  led  to  like  raids  and  like  outrages  by  them 
against  the  Sioux. 

The  Cheyennes  formerly  occupied  the  Sheyenne  River  country.  They  were 
friendly  to  both  the  Sioux  and  Chippewa  but  the  latter  distrusted  them,  and 
about  1740  fell  upon  them  and  destroyed  their  villages,  and  forced  them  to 
flee  across  the  Missouri  River,  when  they  became  allied  to  the  Sioux.  There- 
after, for  many  years,  neither  Sioux  or  Chippewa  attempted  to  hunt  in  the  Shey- 
enne or  Devils  Lake  country,  unless  in  sufficient  force  to  defend  themselves 
against  any  attack  likely  to  be  made  upon  them. 

About  the  year  1780,  the  Chippewa  went  to  York  Factory  on  Hudson  Bay 
for  supplies,  leaving  their  old  men  and  women  in  camp  near  Lake  Winnipeg. 
During  their  absence,  the  Sioux  attacked  their  village  and  killed  a  great  number 
of  the  old  men,  women  and  children.  The  place  where  this  occurred  is  now 
known  as  Xetley  Creek. 

Some  years  prior  to  1800,  a  wintering  trader  of  the  name  of  Reaume, 
attempted  to  make  peace  between  the  Sioux  and  the  Chippewa.  The  meeting 
was  held  on  the  Sheyenne.  They  at  first  appeared  reconciled  to  each  other,  but 
the  Sioux  took  guns  and  ammunition  away  from  the  Chippewa  giving  them  in 
return  bows  and  arrows ;  to  some  bows  without  arrows,  and  to  some  arrows 
without  bows,  and  after  the  Chippewa  dispersed  on  the  plains,  followed  and 
killed  many  of  them. 

In  the  fall  of  1805,  there  was  a  battle  on  the  Crow  Wing,  between  the  Sioux 
and  Chippewa  in  which  the  Sioux  were  defeated,  and  on  December  29,  1807, 
an  engagement  took  place  between  30  lodges  of  Sioux  and  the  Chippewa  on  the 
Crow  Wing,  in  which  the  Sioux  lost  20  lodges  and  a  great  many  horses.  On 
this  date  a  battle  was  fought  on  Wild  Rice  River  in  which  the  Sioux  were 
defeated. 


22  HISTORY  OF  NORTH  DAKOTA 

It  required  little  more  than  the  mention  of  the  name  Sioux  to  create  a  panic 
among  Henry's  Indians.  At  one  time  two  boys  were  playing  Sioux  to  frighten 
the  other  children.  The  Indians  became  alarmed;  the  warriors  stripped  to 
breech-clouts  for  war,  and  the  women  and  children  were  hurried  into  the  fort 
for  safety.  Henry's  men  were  called  to  anus,  and  the  appearance  of  some  of 
them  is  described  as  ghastly ;  their  lips  contorted,  eyes  rolling  and  countenances 
pale  as  death.  Any  trifling  circumstance  was  sufficient  to  inflame  their  imagina- 
tions, for  the  moment  at  least — on  one  occasion  the  slamming  of  a  door  caused 
a  sleepless  night.     But  their  fears  were  not  always  unfounded. 

LOCATION  OF  TRADING  POSTS 

The  choice  of  the  trading  posts  was  largely  determined  by  the  presence  of 
beaver  dams.  Park  River,  Pembina,  Tongue  and  Turtle  rivers,  were  particu- 
larly dsirable  on  account  of  the  dams  along  those  streams.  The  same  was  true 
of  the  Sheyenne  and  Knife  rivers,  and  their  tributaries,  and  other  streams  empty- 
ing into  the  Missouri  River  or  its  branches. 

The  number  of  beaver  dams  on  Park  River  influenced  Alexander  Henry 
in  his  choice  of  it  as  a  site  for  a  trading  post.  There  were  beaver  dams  on 
almost  every  creek.  These  were  necessary  to  the  life  of  the  beaver,  which  in 
the  winter  time  fed  on  roots  or  shrubs  to  be  found  under  the  ice,  and  on  the  bark 
of  trees  which  they  were  able  to  fell  and  haul  to  their  lodges  for  use  in  con- 
structing and  strengthening  their  dams,  the  bark  being  stripped  for  food  as 
required. 

DEATHS    AMONG    THE    BE.WER 

About  1805,  an  epidemic  broke  out  among  the  beaver.  John  Tanner  in  his 
"Narrative"  gives  the  following  description  of  this  calamity : 

"Some  kind  of  a  distemper  was  prevailing  among  these  animals,  which 
destroyed  them  in  great  numbers.  I  found  them  dead  and  dying  in  the  water, 
on  the  ice  and  on  the  land.  Sometimes  I  found  one  that,  having  cut  a  tree  half 
down,  had  died  at  its  roots;  sometimes  one  who  had  drawn  a  stick  of  timber 
half,  way  to  his  lodge,  was  lying  dead  by  his  burden.  Many  of  them  which  I 
opened  were  red  and  bloody  about  the  heart.  Those  in  large  rivers  and  running 
water  suiifered  least.    Almost  all  of  those  in  ponds  and  stagnant  water  died." 

September  8th,  Henry's  party  camped  at  Park  River,  and  Mr.  Henry  and 
Jean  Baptiste  Demerais  went  up  the  river  about  two  miles,  and  saw  two  large 
harts,  and  killed  one  on  which  the  fat  was  four  inches  thick. 

The  farther  they  went  up  the  river  the  more  numerous  the  bears  and  red 
deer  became,  and  on  the  shore  raccoon  tracks  were  plentiful. 

THE    PARK    RIVER    POST 

Park  River,  Mr.  Henry  states,  was  so  named  from  the  fact  that  the  Assini- 
boine  Indians  made  a  park  or  pound  there  for  buffalo,  heading  them  in  from  all 
points,  as  they  became  alarmed  from  any  cause,  and  then  slaughtering  the 
number  desired. 


HISTORY  OF  NORTH  DAKOTA  23 

The  spot  selected  for  the  fort  on  September  9,  1800,  was  on  the  west  side  of 
Park  River,  about  tliree-quarters  of  a  mile  from  the  mouth.  The  buildings  con- 
sisted of  a  stockade,  dwelling  house,  storehouse  and  shop,  all  made  of  oak,  for 
which  3,114  pieces  of  timber  were  used.  They  were  completed  on  the  20th  of 
September,  1800,  and  a  flagstaff  55  feet  high  was  erected  on  the  28th.  The 
British  Flag  the  "First  Union  Jack,"  a  red  flag,  with  the  crosses  of  St.  George 
of  England  and  St.  Andrew  of  Scotland,  presumably  the  first  of  any  kind  to 
float  in  North  Dakota,  was  raised  every   Sunday. 

THE  EVOLUTION  OF  THE  BRITISH   FLAG ITS  ORIGIN   AND  HISTORY 

The  first  historic  mention  of  an  ensign  is  the  cross  raised  on  a  banner  as  the 
emblem  and  sign  of  Christianity.  This  in  the  fourth  century  displaced  the 
monogram  of  Christ  used  by  the  earlier  Christians,  and  was  finally  adopted  as 
the  insignia  of  the  Church  of  Rome  and  used  by  Pope  Urban  II  during  the  first 
crusade  to  indicate  the  special  cause  in  which  his  armies  were  engaged;  the 
several  nationalities  being  known  by  the  form  and  color  of  the  cross,  which  was 
borne  not  only  on  their  banners  but  on  helmet,  shoulder,  breast  and  back.  Thus 
Italy  bore  the  cross  of  blue ;  Spain,  red ;  France,  white ;  Germany,  black ;  Eng- 
land, yellow,  and  Scotland,  the  white  saltire  (diagonal  cross)  of  St.  Andrew,  and 
the  crosses  were  arbitrarily  retained  after  the  crusades  as  a  distinction  of  nation- 
ality, superseded  in  the  course  of  time  by  other  devices  designed  by  popular 
choice  or  royal  decree. 

In  the  third  crusade,  the  banner  of  Richard  I  (Cceur  de  Lion)  King  of  Eng- 
land, was  a  white  Latin  cross,  and  remained  the  English  national  ensign  until 
appropriated  by  Simon  de  Montfort,  Earl  of  Leicester,  as  a  badge  of  a  faction, 
A.  D.  1265,  and  as  early  as  the  reign  of  Edward  III  in  the  fourteenth  century, 
the  red  cross  of  St.  George  on  a  white  ground  was  adopted  as  the  national  banner 
and  the  army  badge. 

Scotland  retained  her  cross  of  St.  Andrew,  a  white  saltire,  on  a  blue  ground, 
from  the  time  of  the  crusades.  The  apostle  Andrew,  a  brother  of  Peter,  was  the 
first  disciple  chosen  by  Christ.  He  is  the  patron  saint  of  Scotland,  and  Russia 
has  a  Knighthood  order  of  St.  Andrew,  the  highest  order  in  rank  of  that  realm. 
When  in  1603,  James  VI  of  Scotland  was  crowned  James  I  of  England,  and  the 
Scots  claimed  precedence  for  their  cross  of  St.  Andrew  over  the  cross  of 
St.  George,  the  king,  to  preserve  the  peace,  on  the  12th  of  April,  1606,  com- 
manded all  subjects  of  Great  Britain  travelling  by  sea  to  bear  at  the  mast  head 
the  red  cross  of  St.  George  and  the  white  cross  of  St.  Andrew  united  according 
to  a  design  made  by  his  heralds.  This  flag  was  called  the  "king's  colors."  At 
the  same  time  all  vessels  belonging  to  South  Britain,  or  England,  might  wear  the 
cross  of  St.  George,  and  all  vessels  belonging  to  North  Britain,  or  Scotland, 
might  wear  the  cross  of  St.  Andrew,  as  had  been  their  custom.  All  vessels  were 
forbidden  to  carry  any  other  flag  at  their  peril. 

The  "king's  colors"  was  the  "First  Union  Jack,"  and  contained  the  blazonry 
of  the  rival  ensigns  of  England  and  Scotland,  united  by  an  earlier  process  than 
that  of  quartering,  in  which  the  cross  and  the  saltire  were  blended  in  a  single 
subject.     This   was    effected   by   surrounding   the   cross   of   St.    George   with   a 


24  HISTORY  OF  NORTH  DAKOTA 

narrow  border,  or  fimbriation,  of  white,  to  represent  its  white  field  upon  the 
banner  of  St.  Andrew. 

The  voyages  of  the  most  celebrated  English  navigators  were  made  under  the 
cross  of  St.  George,  but  Jamestown,  Plymouth,  Salem  and  Boston,  were  settled 
under  the  "king's  colors;"  many  English  vessels  carrying  the  cross  of  St.  George 
according  to  royal  permission.  Under  the  cross  of  St.  George  two  fleets,  num- 
bering in  all  twenty-eight  ships,  and  carrying  1,700  passengers,  sailed  from  Eng- 
land, in  1630,  and  populated  eight  plantations  in  Massachusetts  Bay  Colony, 
under  the  first  charter,  in  which  train  bands  were  formed  who  bore  this  cross  as 
an  ensign. 

During  the  Civil  war  in  England  in  1641,  the  standard  of  Charles  I  was  a 
large  blood-red  streamer,  bearing  the  royal  arms  quartered,  writh  a  hand  pointing 
to  a  crown  above,  and  a  motto,  "give  Caesar  his  due."  The  badge  of  the  royal 
troops  was  red;  that  of  the  Parliamentary  troops  orange,  the  Scotch  blue.  The 
flag  in  general  use  during  the  Commonwealth  was  blue,  with  the  white  canton 
and  cross  of  St.  George,  and  a  harp  of  Ireland  in  the  field.  This  was  also  the 
admiral's  flag.  One  of  the  banners  was  quartered  with  those  of  England,  Wales, 
Scotland  and  Ireland.  The  first  and  fourth  quarters,  white  with  the  red  cross 
of  St.  George  for  England  and  Wales ;  the  second,  blue  with  the  white  saltire  for 
Scotland;  the  third,  a  harp  with  a  golden  frame  and  silver  strings  on  a  blue 
ground   for  Ireland. 

After  the  death  of  Charles  I,  the  new  council  of  state  on  the  22d  of  Feb- 
ruary, 1648,  restored  the  red  cross  as  the  flag  of  the  navy.  In  the  British  colonies 
the  same  flag  was  retained,  except  in  Massachusetts  Bay,  where  all  flags  had 
been  laid  aside  except  upon  Castle  Island  in  Boston  harbor  where  the  colors 
called  the  king's  arms  were  displayed.  In  1651,  Parliament  ordered  the 
restoration  of  the  old  standard  of  St.  George  as  the  colors  of  England,  and  they 
were  advanced  by  order  of  the  General  Court  on  all  necessary  occasions  at  Castle 
Island. 

In  1664,  two  years  after  the  restoration,  Charles  II  sent  a  fleet  of  four  ships, 
carrying  ninety  guns,  400  troops  and  four  commissioners,  to  New  England,  where 
they  obtained  200  recruits,  and  the  aid  required,  and  sailed  for  New  Amsterdam 
bent  on  conquest,  and  with  further  volunteer  forces  from  Connecticut  and  I-ong 
Island  achieved  their  purpose,  changed  the  name  to  New  York  in  honor  of 
James,  the  Duke  of  York,  the  king's  brother — afterward  James  II — and  raised 
the  cross  of  St.  George  over  the  Dutch  tri-color.  The  British  colonies  in 
America  were  then  flying  the  cross  of  St.  George  from  Labrador  to  Florida. 

In  Febniary,  1697,  six  Union  flags,  the  revival  of  the  "king's  colors,"  were 
shipped  to  New  York,  in  response  to  an  application  for  flags  for  "His  Majesty's 
Fort." 

After  this  there  were  slight  variations,  such  as  a  crimson  flag  with  the  cross 
of  St.  George  and  a  tree  cantoned  in  the  upper  staff  quarter,  and  a  blue  flag 
with  the  same  cross  and  a  globe  instead  of  the  tree,  until  March  i,  1707,  when 
the  flag  of  the  new  nation  of  "Great  Britain"  in  the  reign  of  Queen  Anne,  was 
ordered  by  Parliament  to  be  composed  of  the  crosses  of  St.  George  and  St. 
Andrew,  the  old  "king's  colors" — The  "Fir.=t  Union  Jack" — joined  on  a  crimson 
banner,  and  that  the  flag  of  the  admiral,  who  carried  a  red  flag,  should  be  disused, 
and  the  "First  Union  Jack"  substituted  therefor.     This  was  declared  to  be  the 


HISTORY  OF  NORTH  DAKOTA  25 

"ensign  armorial  of  the  United  Kingdom  of  Great  Britain,"  and  was  the  national 
flag  for  nearly  a  century  under  which  the  most  brilliant  naval  battles  were  fought. 
Under  its  folds  the  power  of  France  was  driven  from  the  East  Indies,  and  suc- 
cessive conquests  of  her  strongholds  in  North  America  led  up  to  the  Heights  of 
Abraham,  where  it  triumphed  at  Quebec. 

In  the  flag  which  the  American  colonies  raised  against  Great  Britain  in  1775, 
were  the  "king's  colors"  of  the  British  flag  and  the  stripes,  red  and  white,  of 
the  flag  of  the  East  India  Company,  and  this  was  used  until  the  adoption  of  the 
stars  and  stripes,  June  14,  1777. 

On  November  25,  1783,  when  the  British  sailed  out  of  the  harbor  on  the 
e\acuation  of  New  York,  the  cross  was  lost  to  view  as  an  emblem  of  national 
authority,  with  two  exceptions,  viz.,  the  temporary  occupation  of  the  British  in 
the  War  of  1812,  and  a  battle  flag  of  the  Southern  Confederacy  of  i86i-'65, 
described  in  an  address  by  Col.  William  O.  Hart  of  Louisiana,  November  7, 
1913,  as  designed  by  Gen.  Gustave  T.  Beauregard;  a  red  square,  with  the 
St.  Andrew  cross  of  blue  with  thirteen  white  stars,  one  in  the  center,  and  three 
on  each  arm  of  the  cross.  "This  flag,"  said  Mr.  Hart,  "is  frequently  made 
oblong,  but  there  is  no  warrant  therefor,  and  such  copies  are  not  correct  repre- 
sentations of  the  original  battle  flag."  When  states  seceded  the  emblems  of 
their  former  fealty  to  the  Union  remained  fixed  stars  on  the  national  ensign. 

From  the  first  day  of  January,  1801,  the  "Second  Union  Jack,"  the  "Union 
Jack"  of  today,  superseded  the  flag  of  King  James  and  Queen  Anne.  In  con- 
sequence of  the  legislative  union,  its  blazonry  must  be  incorporated  with  that  of 
Ireland  to  comprehend  the  three  crosses — St.  George,  St.  Andrew  and  St. 
Patrick — in  a  single  device  formed  by  the  combination  of  a  cross  and  two 
saltires.  As  before,  the  blue  field  of  St.  Andrew  forms  the  field,  then  the  two 
diagonal  crosses,  the  one  white  and  the  other  red,  are  formed  into  a  single  com- 
pound saltire  of  the  two  tinctures  alternating,  the  white  having  precedence.  A 
narrow  edging  of  white  is  next  added  to  each  red  side  of  this  new  figure,  to 
represent  the  white  field  of  St.  Patrick,  as  the  narrow  edging  of  white  about 
the  red  cross  represented  the  white  field  of  St.  George ;  and,  finally,  the  red  cross 
of  St.  George  fimbriated  with  white  as  in  the  "First  Union  Jack,"  is  charged 
over  all.  In  this  device  the  broad  diagonal  white  members  represent  the  silver 
saltire  of  St.  Andrew;  the  red  diagonal  members,  the  saltire  gules  (red)  of  St. 
Patrick,  and  the  narrow  diagonal  white  lines  are  added,  in  order  to  place  the 
saltire  gules  on  a  field  argent  ( silver) .  It  will,  also,  be  observed  that  the  diagonal 
red  and  the  broad  diagonal  white  members  represent  the  two  saltires  of  St. 
Andrew  and  St.  Patrick  in  combination,  and  that  the  fimbriated  red  cross  in  front 
gives  prominence  to  the  cross  of  St.  George. 

The  Royal  Standard  was  adopted  January  4,  1801,  on  the  union  of  Ireland 
with  Great  Britain.  The  quarters  were  representative  of  the  three  countries : 
England,  three  couchant  lions  on  a  red  background  in  the  first  and  fourth  quar- 
ters :  Scotland,  a  rampant  lion,  in  the  second  quarter,  taken  from  the  coat-of- 
arms  of  James  VI,  and  Ireland,  a  golden  harp  on  a  green  background  in  the 
third  quarter. 

Since  1864,  the  white  ensign  alone  remains  the  naval  flag  of  Great  Britain, 
the  blue  ensign  the  mark  of  the  Royal  Naval  Reserve,  and  the  red  of  the  mer- 
chant service. 


26  HISTORY  OF  NORTH  DAKOTA 

LIFE   AT  THE  POST 

At  4  o'clock  of  the  day  the  choice  of  site  was  made  at  Park  River,  a  herd  of 
buffalo  came  down  to  drink  within  a  few  rods  of  the  camp.  At  the  southward 
there  were  herds  of  them  as  far  as  the  eye  could  see,  and  during  the  night  the 
camp  was  alarmed  by  a  large  herd  at  the  river.  From  all  directions  came  the 
bellowing  of  the  buitalo  and  the  whistling  of  the  deer.  The  next  day  a  band  of 
deer,  followed  soon  after  by  four  bears,  crossed  the  river,  and  a  day  later  Mr. 
Henry,  climbing  to  the  top  of  a  tall  oak,  saw  buffalo  and  deer  on  all  sides. 

A  stage  had  been  constructed  at  the  camp,  and  the  Indians  loaded  it  with 
choice  meats  and  bears'  fat.  The  men  were  employed  cutting  up  and  melting 
bears'  fat,  which  was  poured  into  wooden  troughs  and  sacks,  made  of  deer 
skins. 

Bears  made  prodigious  ravages  in  the  brush  and  willows.  The  plum  trees 
were  torn  to  pieces,  and  every  tree  that  bore  fruit  shared  the  same  fate.  The 
tops  of  the  oaks  were  also  very  roughly  handled,  broken  and  torn  down  to  get 
acorns. 

Grizzly  bears  were  killed  and  many  raccoons  taken  during  the  fall.  The 
great  abundance  of  both  red  and  fallow  deer  is  frequently  mentioned.  The  men 
are  reported  as  taking  many  wolves  and  some  fishers.  The  female  wolves 
enticed  the  dogs  from  the  fort,  and  when  they  came  back  they  were  horribly 
chewed  up  by  their  wild  cousins.  The  coons  had  two  inches  of  fat  on  their 
backs.  The  hunters  came  in  from  Grand  Forks  with  thirty  beavers.  The  stur- 
geon continued  to  jump  day  and  night  and  many  were  taken  in  nets  extended 
across  the  river — sometimes  upwards  of  loo  a  day,  weighing  from  30  to  150 
pounds  each. 

September  20,  1800,  the  day  the  fort  was  finished,  the  Indians  having  gone 
a  few  miles  above  Park  River,  reported  that  they  had  killed  forty  bears,  some 
red  deer,  moose  and  a  few  beavers.  The  Indian  lad  at  the  fort  killed  two 
bears. 

THE    VICIOUS    ELEMENT    OF    LIQUOR 

At  this  time  intoxicating  liquor  was  being  used  by  the  rival  traders  as  a 
leading  element  to  attract  trade,  and  was  distributed  among  the  Indians  by  the 
keg,  jug  or  bottle,  to  any  who  might  apply — often  without  price — and  some- 
times used  to  incite  the  Indians  to  plunder,  and  in  some  instances  to  murder 
those  who  interfered  by  successful  competition.  The  Indians  had  become 
demoralized  and  degenerated  to  an  extent  almost  beyond  belief.  As  one  writer 
described  the  situation :  "Indians  were  warring  with  Indians,  traders  with  traders, 
clerks  with  clerks,  trappers  with  trappers,  voyageurs  with  voyageurs." 

While  the  post  was  being  built  at  Park  River,  the  Indians  were  given  a  keg 
of  rum  "to  encourage  them  to  pav  their  debts."  and  supposing  the  Indian  might 
now  drink  in  safety,  on  September  rSth,  Mr,  Henry  began  to  trade  rum,  and  they 
were  soon  dnnik,  men  and  women,  and  some  of  the  children. 

On  September  21st,  the  Indians  were  sent  nine  gallons  of  mixed  liquor,  and 
the  following  day  paid  their  debts  with  pelts  caught  on  their  hunt,  and  received 
more  liquor,  with  the  usual  result.     Henry  took  the  children  into  the  fort,  for 


HISTORY  OF  NORTH  DAKOTA  27 

their  safety,  and  about  midnight  one  of  the  Indians  tried  to  chop  his  way  through 
the  gate  to  get  more  Hquor.  On  September  28th,  when  the  tlagstafl  was  raised  at 
the  fort,  the  men  were  given  two  gallons  of  alcohol  and  some  tobacco  and  Hour 
"for  merry-making." 

SACRIFICE    AND    THANKSGIVING 

October  17th,  the  Indians  having  killed  a  grizzly  bear,  thereby  taking  the 
life  of  an  uncommon  animal,  in  order  to  properly  render  thanks  to  Manitou  and 
appease  the  spirit  of  the  bear,  it  was  thought  necessary  to  give  a  feast,  and 
liquor  was  believed  to  be  the  most  effective  agent  in  gaining  the  favor  of  Manitou 
and  satisfying  the  bear's  ghost.  They  secured  the  liquor  and  a  quarter  of  a 
yard  of  red  cloth  for  a  sacrifice. 

AN    ATTEMPT   AT    BRIBERY 

After  all,  human  passion  unrestrained  is  about  the  same  among  all  men, 
and  impulses  are  liable  to  take  the  same  direction. 

October  25,  1800,  Henry's  hunter  reported  that  the  leading  Indians  wanted 
him  to  stop  hunting  so  that  Henry  would  be  obliged  to  pay  a  higher  price  for 
meat,  whereupon  the  bourgeois  ordered  that  thereafter  the  Indians  should  receive 
no  liquor  excepting  in  exchange  for  meat.  This  created  consternation  among 
the  Indians  disposed  to  make  trouble.  They  attempted  to  bribe  the  hunter  by 
giving  him  a  drum  trimmed  with  all  of  the  symbols  of  the  Wabbano  medicine, 
and  a  number  of  different  articles  of  superior  value  and  high  consideration 
among  the  Indians,  such  as  rarely  fail  to  bring  satisfactory  results  when  given 
to  accomplish  some  particular  object,  but  they  were  not  sufficient  to  sway  the 
hunter  from  his  loyalty  to  his  employer. 

On  the  retirement  of  the  Indians,  Henry  treated  his  people  to  a  gallon 
of  alcohol  and  a  few  pounds  of  sugar,  in  order  that  they  might  make  a  feast 
after  their  arduous  labor  in  establishing  and  building  the  Park  River  Post. 

"October  31st,  Indians  drinking  quietly. 

"November  2d.     Gave  the  Indians  liquor  after  their  successful  hunt. 

"November  4th.  Gave  the  Indians  a  nine-gallon  keg  of  liquor  on  their 
promise  to  pay  their  debts  on  their  return  from  the  hunt." 

Every  opportunity  was  seized  for  an  occasion  to  encourage  the  use  of  intox- 
icating liquor  for  the  reason  that  the  trader's  greatest  profit  was  in  its  sale,  and 
gave  him  an  advantage  over  the  Indians,  who,  by  its  use  became  incapable  of 
protecting  their  interests.  January  i,  1801,  the  new  year  was  ushered  in  by 
several  volleys  which  alarmed  a  camp  of  Indians  near  by.  The  men  came  run- 
ning in  armed,  having  ordered  the  women  to  hide  themselves.  But  they  were 
agreeably  received  and  got  a  share  of  "what  was  going" — some  shrub  and  cakes. 
Every  man,  woman  and  child  was  soon  at  the  fort ;  all  was  bustle  and  confusion. 
Henry  gave  his  men  some  high  wine  (alcohol),  flour  and  sugar;  "the  Indians 
purchased  liquor,  and  by  sunrise  every  soul  of  them  was  raving  drunk,  even  the 
children."  On  the  19th  there  was  another  drinking  match  among  the  Indians. 
■  An  Indian  shot  his  wife  with  an  arrow  through  her  body  and  her  supposed  lover 
through  his  arm. 


28  HISTORY  OF  NORTH  DAKOTA 

HUNTERS  AND  THE  SPOILS 

A  very  successful  winter  was  spent  at  Park  River.  Henry  took  at  his  station, 
643  beaver  skins,  125  black  bear,  23  brown  bear,  2  grizzly  bear,  83  wolf,  102 
red  fox,  7  kitt,  178  fisher,  96  otter,  62  marten  and  97  mink. 

Michael  Langlois,  clerk  on  the  Red  River  Brigade,  who  remained  in  charge 
of  the  party  at  Morris  during  the  winter  of  1800- '01,  had  also  a  station  at  Hair 
Hills  (Pembina  Mountains)  that  winter.  The  returns  showed  832  beaver  skins, 
52  black  bear,  20  brown  bear,  4  grizzly  bear,  1 1 1  wolf,  82  red  fox,  9  kitt,  37 
raccoon,  108  fisher,  60  otter,  26  marten,  68  mink  and  various  other  skins,  bags 
of  pemmican,  kegs  of  grease  and  bales  of  meat. 

Andre  Lagasse,  "a  voyageur,  conductor,"  in  the  Red  River  Brigade  was  sent 
from  Morris  to  trade  with  the  Indians  in  the  Pembina  Mountains  the  winter  of 
i8oo-'oi.  With  him  went  Joseph  Dubois,  "voyageur,  steerer  or  helmsman," 
and  later  they  were  succeeded  by  Joseph  Hamel,  "voyageur  and  midman"  in 
the  Red  River  Brigade. 

Nicholas  Rubrette  and  Francois  Sint  were  employees  of  Henry  in  1800  and 
later. 

CONTRACTS  WITH   THE  "lORDS  OF  THE  FORESTS" 

Contracts  were  made  with  the  Indians  by  Mr.  Henry  for  the  season.  For 
an  agreement  to  procure  sixty  beaver  skins  they  were  allowed  credit  to  the 
extent  of  twenty  skins.  Thread  and  other  necessarrx'  little  things  were  supplied 
gratis.  On  returning  from  their  hunt,  if  they  paid  their  debts  their  credit  was 
renewed  to  the  same  extent  as  before.  All  transactions  with  the  Indians  of  those 
times  were  based  on  beaver  skin  values. 

Articles  given  gratis  to  the  Indians  who  took  credit,  were  one  scalper,  two 
folders  and  four  flints  each  to  the  men,  and  to  the  women  two  awls,  two  needles, 
one  skein  of  thread,  one  fire  steel,  a  little  vermilion,  and  a  half  a  fathom  of 
tobacco. 

LITTLE    CR.\NF.,    THE    HLINTER 

Little  Crane,  a  Chippewa  member  of  Henry's  Indian  Brigade,  on  September 
12,  1800,  while  they  were  building  the  fort  at  Park  River,  was  appointed  "hunter" 
to  receive  for  the  season  the  value  of  sixty  beaver  skins  and  to  be  furnished  with 
gun  and  ammunition,  and  clothing  for  himself  and  wife. 

CROOKED  LEGS 

September  24-26,  1800,  inclusive,  Little  Crane  hunted  with  Crooked  Legs, 
Crow  (Corbeau)  and  Charlo.  The  hunter  killed  a  bear  and  a  deer.  Crooked 
Legs  killed  a  bear,  and  they,  with  Corbeau  and  Charlo.  returned  to  the  post,  each 
with  a  good  pack  of  beaver  skins.  They  found  plenty  of  beavers,  and  only 
killed  what  they  could  carry. 

While  celebrating  at  Park  River,  Crooked  Legs  stabbed  his  young  wife,  after 
having  been  beaten  by  her,  wounding  her  so  severely  that  there  was  little  hope 


HISTORY  OF  NORTH  DAKOTA  29 

for  her  recovery.  In  the  demonstration  against  him  which  resulted,  his  own  son 
joined,  all  being  as  it  is  written,  "blind  drunk,"  with  Crooked  Legs  sitting  in  his 
tent  singing,  and  saying  he  was  not  afraid  to  die.  But  Mr.  Henry  opportunely 
interfered,  and  Crooked  Legs  was  forgiven  by  every  one  but  his  wife.  On  this 
occasion,  it  is  said  that  the  Indians  kept  up  the  carousal  until  there  was  a  rumor 
that  the  Sioux  were  coming,  when  they  ceased  drinking.  To  his  credit  it  is 
recorded,  that  when  Crooked  Legs  realized  that  his  life  was  saved,  he  "sobered 
up,"  and  being  a  "great  doctor,"  used  his  skill  to  cure  his  wife's  wounds,  which 
attention  seems  to  have  been  received  by  her  with  slight  appreciation,  but  accept- 
ing her  censure  with  himiility,  he  urged  her  to  take  courage  and  live.  Evidently 
she  consented,  for  in  another  tit  of  intoxication,  it  is  alleged,  she  beat  him 
and  severely  roasted  him  with  a  fire  brand. 

CH.\RLO 

T!ie  career  of  Charlo  as  a  hunter  was  very  brief,  and  the  first  mention  of  him 
in  "Henry's  Journal"  shows  him  in  a  bad  light,  offering  to  sell  his  twelve-year-old 
daughter  to  Mr.  Henry  for  a  dram  of  liquor,  and  his  propensity  for  drink  was 
again  demonstrated  on  September  ir,  1800,  when  he  received  liquor  in  pay  for 
four  bear  skins.  His  brother  Maymiutch,  four  days  later,  while  hunting  with 
Mr.  Henry  killed  the  same  number  of  bears. 

Mr.  Henry  desired  to  visit  CJrand  Forks,  and  other  points  on  the  Upper  Red 
River,  with  a  view  to  considering  the  possibilities  of  trade,  and  invited  Charlo 
to  go  with  him,  but  Charlo  feared  the  Sioux.  However,  on  the  promise  of  a  keg 
of  liquor  on  his  return  he  risked  his  life  and  went  to  Grand  Forks,  and  by  an 
offer  equally  tempting,  namely,  "a  treat"  when  he  got  back  to  Grand  P'orks,  he, 
was  induced  to  go  on  to  Goose  River,  but  here  he  balked.  Goose  River  was  the 
limit.  He  returned  to  Grand  Forks,  received  his  "treat"  and  after  the  first  drink 
wanted  to  go  at  once  and  invade  the  Sioux  country ;  after  the  second  he  was 
ready  to  go  alone,  and  it  was  necessary  to  restrain  him  after  the  third.  He 
would  advance  to  the  edge  of  the  darkness  surrounding  his  camp  fire,  and  shak- 
ing his  fist  call  the  Siou.x  "dogs,"  and  "old  women,"'  and  invite  them  to  come 
on  and  he  would  do  the  rest.  He  finally  fell  into  the  deep  sleep  of  intoxication 
and  the  Sioux  troubled  him  no  more. 

After  all  Charlo  was  not  worse  than  bis  white  cousins  of  a  later  ]ieriod.  one 
of  whom  after  taking  a  drink  of  Moorhead  whiskey  was  sure  he  could  whip  any 
man  in  that  city,  and  after  each  successive  drink  extended  the  area  of  his 
influence  until  he  became  exhausted,  when  he  murmured  softly:  "I  tank  I  take 
in  too  much  territory." 

Charlo's  wife  died  and  he  obtained  a  keg  of  rum  "to  help  wash  the  sorrow 
from  his  heart,"  and  to  aid  his  friends  in  properly  lamenting  her  departure.  A 
few  days  later  his  daughter  died,  and  not  long  after  still  another  daughter,  and 
Charlo  had  two  more  occasions  for  over-indulgence  which  he  did  not  fail  to 
improve. 

Something  was  always  happening  to  Charlo.  He  was  taken  very  ill  and  the 
medicine  man  was  called,  but  before  he  arrived  Charlo's  sister-in-law  came  and 
sat  beside  him,  screaming  and  howling,  calling  on  his  deceased  wife  by  name  and 
frequently  sobbing,  but  was  soon  the  gayest  of  those  in  attendance.     When  the 


30  HISTORY  OF  NORTH  DAKOTA 

doctor  came  he  began  beating  a  drum,  singing,  dancing,  tumbling  and  tossing  and 
blowing  on  the  sick  man,  until  he  worked  himself  into  a  foam,  when,  redoubling, 
his  exertions,  he  burst  his  drum,  trampled  it  in  pieces  and  went  away  exhausted. 
His  patient  is  described  as  having  been  "almost  worried  to  death.'' 

January  15,  1801,  Charlo  died.  His  brother,  Maymiutch,  wanted  liquor  with 
which  to  properly  show  his  grief.  He  said  he  knew  why  his  brother  died,  and 
why  his  wife  and  two  children  passed  away,  all  within  a  few  months  of  each 
other.  It  was  because  Charlo  went  to  Mouse  River  and  stole  three  horses  and 
the  white  men  there  threw  "bad  medicine"  on  him.  He  knew  Henry  did  not 
do  it,  but  his  friends  advised  him  to  take  revenge  on  him.  He  would  not  do 
that,  but  he  did  want  some  liquor.  His  brother  he  said  was  a  bad  Indian  who 
stole  horses,  cheated  the  traders,  and  never  paid  his  debts,  so  that  even  though 
they  had  caused  his  death  he  would  not  blame  them,  but  his  heart  was  oppressed 
and  he  wanted  a  "drink." 

EARLY    TRADING    POSTS 

In  1664,  Daniel  de  Greysolon  Sieur  Duluth  established  a  trading  post  at  Lake 
Nipigon,  extending  his  explorations  to  the  region  of  Minnesota  and  Dakota,  and 
in  1728,  was  followed  by  Sieur  Pierre  Gaultier  de  la  \"erendrye,  who  also  built 
a  trading  post  that  year  on  Lake  Nipigon;  in  1731,  he  built  another  on  the  Lake 
of  the  Woods,  and  in  1733,  still  another  on  Lake  Winnipeg.  He  visited  the  Red 
River  ^'?.lley  and  extended  his  explorations  to  Grand  Forks,  which  appears  to 
have  been  so  called  by  him  from  the  confluence  of  the  Red  Lake  and  Red  River. 
In  1736,  his  son  and  twenty  of  his  men  were  killed  by  the  Indians  on  the  Lake 
of  the  Woods. 

At  this  period  rival  factions  of  Montreal  traders  were  occupying  the  country, 
between  whom  bitter  warfare  was  being  waged,  each  trying  to  incite  the 
Indians  against  his  opponents,  and  against  the  Hudson's  Bay  Company,  which 
was  inimical  to  both,  until  the  Indians  were  on  the  point  of  uprising. 

In  February,  1913,  a  leaden  plate  buried  by  \^erendrye  at  the  present  location 
of  Fort  Pierre,  S.  D.,  was  discovered  by  school  children,  and  passed  into  the 
possession  of  the  state  historical  society  in  ]\Iarch,  1916. 

THE    SMALLPOX     SCOL^RGE    OF     1780 

In  the  year  1780,  appeared  the  great  scourge  of  smallpox  at  the  Mandan 
Villages ;  and  through  the  Assiniboines,  who  attacked  the  villages  during  the 
prevalence  of  the  disease,  it  became  epidemic  throughout  the  whole  Northwest, 
continuing  until  1782,  entirely  destroying  some  bands  and  depleting  others  to  an 
alarming  extent.  It  is  claimed  that  of  one  band  of  400  lodges,  but  ten  persons 
survived,  and  of  the  large  number  of  traders  who  had  occupied  that  country 
but  twelve  remained. 

In  1783,  came  the  North-West  Company,  composed  of  Montreal  traders 
consolidated.  In  1784,  Peter  Grant,  a  young  man  twenty  years  of  age.  entered  the 
service  of  that  company,  and  ten  years  later,  about  1794,  established  a  trading 
post  on  the  ground  where  now  stands  St.  Vincent.  It  was  on  the  east  side  of 
the  Red  River,  at  the  mouth  of  the  Pembina  River,  then  called  "Panbian"  River, 


HISTORY  OF  NORTH  DAKOTA  31 

and  is  mentioned  by  Alexander  Henry  as  being  the  first  post  established  by  the 
North-West  Company  on  the  Red  River.  Jean  Baptiste  Cadotte  was  at  Red 
Lake  in  1796-7  and  had  a  wintering  establishment  at  the  mouth  of  the  Clear- 
water River,  in  1798. 

The  Red  River  country  prior  to  1797,  had  received  visits  from  traders  in  the 
winter,  and  there  had  been  wintering  establishments  for  the  purpose  of  trading, 
but  no  permanent  posts  until  Pembina  was  established  in  1801. 

John  Tanner,  called  the  "^Vhite  Captive,"  author  of  "Tanner's  Narrative," 
was  among  the  Indians  in  the  Red  River  country  in  1797,  and  found  no  Indians 
or  whites  at  Pembina,  a  short  time  previous  to  the  building  of  the  post  there  in 
that  year  by  Charles  Baptiste  Chaboillez,  who  named  his  post  "Fort  Panbian." 

A  considerable  settlement  of  Indians  followed  the  building  of  the  post,  and 
in  March,  1798,  David  Thompson  was  entertained  by  Chaboillez  while  locating 
the  international  boundary  line  in  the  interest  of  the  North-West  Company, 
visiting  also,  a  post  known  as  Roy's  House  on  the  Salt  River,  which  like  that 
of  Chaboillez  at  Pembina,  and  Grant  at  St.  ^'incent.  had  disappeared  when  Henry 
visited  these  points  in  September,  1800. 

PEMBINA    POST    ESTABLISHED 

The  Park  River  post  having  been  abandoned  May  4,  1801,  and  the  Langlois 
party  having  joined  Henry's,  the  reunited  Red  River  Brigade  moved  down  the 
river  to  the  spot  selected  originally  by  Chaboillez,  and  established  the  post  at 
Pembina.  Chief  Tabishaw  and  other  Indians  arrived  on  the  8th.  Nothing  was 
then  seen  of  the  Indian  settlement  that  was  said  to  have  been  near  the  old  Fort 
Panbian,  erected  by  Chaboillez,  which  had  entirely  disappeared. 


CHAPTER  III 
THE  BUFFALO  REPUBLIC 

RICHES  OF  THE  INDIANS THE  VAST  HERDS  OF  BUFFALO A  BUFFALO  HUNT  ON  THE 

SHEYENNE RUNNING     THE      P.UFFALO MAKING      PEMMICAN — THE      MISSOURI 

RIVER  BLOCKADED  BY   BUFFALO THE  LAST  GREAT  HUNT. 

"Upon  the  Michigan,  three  moons  ago, 

We  launched  our  pirogues  for  the  bison  chase. 
And  with  the  Hurons  planted  for  a  space, 

With  true  and  faithful  hands,  the  olive  stalk, 
But  snakes  are  in  the  bosoms  of  their  race. 

And  though  they  held  with  us  a  friendly  talk. 
The  hollow  peace  tree  fell  beneath  their  tomahawk." 

—  The  Oneida  Chief  to  the  Planter — Campbell. 

RICHES  OF  THE  INDIANS 

The  herds  of  buffalo  afforded  the  chief  means  of  subsistence  of  the  Indians 
while  the  beaver  vi'ere  the  main  source  of  emolument.  The  flesh  of  the  buffalo 
was  dried  or  put  up  as  pemmican  for  future  use.  the  sinews  furnished  them  with 
thread,  the  skins  gave  material  for  tepees,  raiment,  bedding,  carpets,  canoes,  bull- 
boats,  baskets,  buckets  and  cases  for  pemmican  and  the  fat  of  bears  and  other 
animals,  strings  for  their  bows,  ropes  for  tethering  animals,  lariats  for  catching 
the  young  buffalo,  and  at  the  end  were  used  for  shroud  and  coffin. 

For  many  years  the  Indians  conserved  the  buffalo  and  endeavored  to  prevent 
the  slaughter  of  more  than  was  necessary  for  their  own  consumption,  I)Ut  the 
temptations  offered  by  the  traders  were  too  great,  and  they  joined  in  the  work 
of  destruction  for  the  means  of  procuring  needed  supplies  and  of  gratifying  tiicir 
appetite  for  intoxicating  liquors. 

THE   VAST    HERDS   OF    BUFFALO 

On  nearing  the  Park  River  in  September.  1800,  Alexander  Henry  found 
numerous  herds  of  buffalo,  sometimes  forming  one  continuous  body  as  far  as 
the  eye  could  reach,  passing  sometimes  within  800  feet  of  the  party.  Climbing 
a  tall  oak  at  Park  River,  he  noted  the  same  conditions,  and  that  the  small  timber 
had  been  entirely  destroyed  by  them,  and  great  piles  of  wool  lay  at  the  foot  of 
the  trees  they  had  rubbed  against.  The  ground  was  trampled  as  it  would  be 
in  a  barnyard,  and  the  grass  was  entirely  destroyed  where  they  had  come  to  the 

32 


Courtesy  of  U.  S.  Treasurer.  John  Burke. 

BLACK  DIA:VI0ND 
The  famous  buffalo  used  on  the  ten  dollar  bill. 


HISTORY  OF  NORTH  DAKOTA  33 

river  for  water.  All  the  way  to  Pembina  Mountains  he  found  buffalo  and  in 
great  numbers  about  Turtle  River,  Grand  Forks,  Goose  River  and  the  Sheyenne. 

One  morning  at  Park  River  they  were  awakened  by  the  moving  herd,  which 
tramped  continuously  past  their  camp  from  before  daylight  until  after  9  o'clock 
in  the  forenoon.  When  the  river  broke  up  in  the  spring  of  1801,  large  numbers 
were  drowned.  They  floated  by  the  post  at  Park  River  for  about  two  days  in 
an  unbroken  stream,  and  from  Pembina  to  Grand  Forks  there  was  scarcely  a 
rod  of  the  banks  where  they  had  not  lodged.  An  early  writer  claims  that  in 
1795  he  counted  in  the  streams  and  on  the  shore  of  the  Ou'  Appelle  River,  7,360 
buffalo,  drowned  by  the  breaking  up  of  the  stream.  They  were  simply  in  incredi- 
ble numbers  and  the  prairies  were  black  with  them.  About  their  camp  in  Pembina 
in  1802,  they  had  so  completely  destroyed  the  grass  that  Henry  lost  twenty-eight 
head  of  horses  from  starvation,  and  one  day  a  buffalo  actually  came  within  the 
gates  of  their  fort. 

In  1803  Mr.  Henry  went  to  the  Pembina  Mountains  and  thence  across  the 
plains  to  Mouse  River  and  White  Earth  River,  and  for  upwards  of  a  month 
was  not  out  of  sight  of  buft'alo  for  a  single  day. 

In  1804  a  prairie  fire  swept  over  the  country  around  Pembina  and  Mr.  Henry 
reports  that  in  going  to  the  Pembina  Mountains  he  was  not  out  of  sight  of  blind 
and  singed  buffalo  for  a  moment.  They  were  wandering  about  the  prairies, 
their  eyes  so  swollen  that  they  could  not  see.  Their  hair  was  singed,  and  in  many 
instances  the  skin  shriveled.  In  one  instance  he  found  a  whole  herd  roasted, 
either  dead  or  dying. 

In  1S05  Lewis  and  Clark,  the  explorers,  counted  fifty-one  herds  of  buft'alo 
from  one  standpoint  on  the  Missouri  River.  They  found  the  plains  of  what  is 
now  Emmons,  Morton,  Burleigh,  Oliver,  Mercer  and  McLean  counties.  North 
Dakota,  supporting  herds  quite  equal  in  extent  to  those  described  by  Mr.  Henry 
in  the  Red  River  Valley. 

In  1806  Mr.  Henry  went  to  the  Mandan  villages  on  the  ^lissouri  River, 
and  in  the  Mouse  River  country  was  compelled  to  barricade  his  camp  at  night 
to  prevent  being  run  over  by  the  moving  herds. 

In  the  narrative  of  John  Tanner,  the  White  Captive,  among  the  Chippewa, 
it  is  stated  that  one  night  as  they  lay  in  their  camp  near  the  Red  River  they  could 
hear  the  noise  of  a  buffalo  herd  which  proved  to  be  some  twenty  miles  distant. 
In  his  words : 

"A  part  of  the  herd  was  all  of  the  time  kept  in  constant  rapid  motion  by  the 
severe  fights  of  the  bulls.  To  the  noise  produced  by  the  knocking  together  of 
the  hoofs  when  they  raised  their  feet  from  the  ground,  and  their  incessant  tramp- 
ing, was  added  the  loud  and  furious  roar  of  the  bulls,  engaged,  as  they  all  were, 
in  the  terrific  and  appalling  conflicts." 

To  this  clamor  was  added  the  barking  and  howling  of  the  packs  of  wolves, 
which  always  followed  the  herd  and  preyed  upon  the  calves,  arid  the  weak  and 
disabled,  or  devoured  the  parts  of  animals  left  by  the  hunters.  The  Indians  killed 
them  with  bows  and  arrows  and  caught  the  young  with  nooses  of  leather. 

William  H.  Keating,  the  historian  of  Maj.  Stephen  H.  Long's  expedition, 
spoke  of  the  buffalo  as  existing  in  herds  of  tens  of  thousands  between  the  Mis- 
sissippi and  the  Missouri  rivers,  and  vast  numbers  in  the  Red  River  Valley  on 
both  sides  of  the  river. 

Vol.  1—3 


34  HISTORY  OF  NORTH  DAKOTA 

Gen.  William  T.  Sherman  estimated  that  the  buli'alo  between  the  Mis- 
souri River  and  the  Rocky  Moinitains  at  the  beginning  of  the  construction  of 
the  Pacific  railroads  numbered  9,500,000. 

The  bones  of  the  animals  were  afterwards  gathered  by  settlers  and  shipped 
out  of  ihe  country  by  train  loads  and  down  the  river  by  ship  loads.  It  was  the 
privilege  of  the  writer  in  1887  to  examine  a  pile  of  buflialo  bones  at  Minot,  N.  D., 
brought  in  from  the  adjacent  prairies.  The  pile  was  measured,  and  the  weight 
of  bones  belonging  to  a  single  animal  obtained,  and  it  was  found  that  one  pile 
represented  over  seven  thousand  buffalo.  Like  shipments  were  being  made  from 
other  stations,  and  it  was  estimated  that  the  bones  which  had  been  and  were 
being  gathered  in  North  Dakota  represented  over  two  million  animals.  Entire 
trains  were  loaded  at  Bismarck  in  the  early  days  with  buft'alo  and  other  hides, 
from  the.  steamboats  that  came  down  the  river. 

When  the  Indian  camps  were  captured  at  the  battle  of  White  Stone  Hills, 
in  Dickey  County,  in  1863,  the  fat  ran  in  streams  from  the  dried  buffalo  meat 
that  was  destroyed  in  the  conflagration. 

In  one  season  Charles  Larpenteur,  an  independent  trader,  obtained  5,000 
buffalo  hides  at  Fort  Iluford,  and"  in  1845  Gen.  John  C.  Fremont  reported 
that  the  output  of  buffalo  hides  by  the  trading  companies  had  averaged  90,000 
annually  for  several  years,  but  this  covered  only  the  number  killed  from  Novem- 
ber to  March,  when  the  robes  were  at  their  best. 

During  the  constrtiction  of  the  Kansas  Pacific  Railroad  William  F.  Cody 
(Buff'alo  Bill)  contracted  to  furnish  the  men  engaged  on  the  work  twelve  buffalo 
daily  at  $500  per  month.  One  day  eleven  buffalo  escaped  a  party  of  army  officers 
who  were  running  them,  but  were  all  killed  by  Cody,  who  fired  but  twelve  shots. 

William  Comstock,  a  famous  buff'alo  hunter,  having  disputed  Cody's  right 
to  the  title  of  "Buffalo  Bill,"  a  contest  was  arranged  near  Sheridan,  Wyo.,  and 
starting  with  equal  opportunities,  Cody  killed  thirty-eight,  and  Comstock  twenty 
before  luncheon.  In  the  afternoon  two  herds  were  encountered  and  the  contest 
clo.sed  with  a  score  of  sixty-nine  for  Cody  and  forty  for  Comstock. 

Hunting  one  day  with  a  party  of  Pawnees,  who  were  glad  to  have  killed 
twenty-two,  Cody  begged  the  privilege  of  attacking  the  next  herd  alone,  and 
killed  thirty-six,  very  much  to  the  astonishment  of  the  Indians. 

A  BUFF.\L0   HUNT  ON  THE  SHEYENNE 

In  1840  Alexander  Ross,  a  Canadian  trader,  witnessed  a  buffalo  hunt  on  the 
Sheyenne  River,  of  which  he  gives  the  following  account: 

"At  8  o'clock  the  cavalcade  made  for  the  buft'alo,  first  at  a  slow  trot,  then 
at  a  gallop,  and  lastly  at  full  speed.  Their  advance  was  on  a  dead  level,  the 
plains  having  no  hollows,  or  shelter  of  any  kind,  to  conceal  the  approach.  When 
within  four  or  five  hundred  yards,  the  buffalo  began  to  curve  their  tails  and  paw 
the  ground,  and  in  a  moment  more  to  take  flight,  and  the  hunters  burst  in  among 
them  and  began  to  fire. 

"Those  who  have  seen  a  squadron  of  horse  dash  into  battle  may  imagine 
the  scene.  The  earth  seemed  to  tremble  when  the  horses  started,  but  when  the 
animals  fled  it  was  like  the  shock  of  an  earthquake.  The  air  was  darkened,  and 
the  rapid  firing  at  last  became  more  faint,  and  the  hunters  became  more  distant. 


HISTORY  OF  NORTH  DAKOTA  35 

■'During  the  day  at  least  two  thousand  buffalo  must  have  been  killed,  for 
there  were  brought  into  camp  1,375  tongues.  The  hunters  were  followed  by 
the  carts  which  brought  in  the  carcasses.  Much  of  the  meat  was  useless  because 
of  the  heat  of  the  season,  but  the  tongues  were  cured,  the  skins  saved,  and  the 
pemmican  prepared." 

For  years  buffalo  hunting  had  been  carried  on  as  a  business,  under  strict 
organization.  A  priest  accompanied  the  hunt  to  look  after  the  spiritual  welfare 
of  the  hunters  and  their  families.  The  women  went  along  to  do  the  drudgery 
of  the  camp  and  care  for  the  meat. 

When  the  herd  was  reached  there  was  the  early  morning  attack,  after  due 
preparation,  each  hunter  killing  from  five  to  twenty,  according  to  his  skill  and 
equipment,  and  each  was  able  to  claim  his  own  from  the  size  or  form  or  com- 
bination of  bullet  and  buckshot  used  by  him. 

When  the  meat  was  cared  for  another  assault  was  made  on  the  herd,  with 
which  they  sometimes  kept  in  touch  six  to  eight  weeks,  the  attacks  being  repeated 
until  all  of  the  carts  and  available  ponies  were  loaded  for  the  return  trip. 

In  1849,  1,210  half-breed  carts  were  among  the  Pembina  hunters.  When 
they  halted  at  night  the  carts  were  formed  in  a  circle,  the  shafts  projecting  out- 
\vard.  Tents  were  pitched  in  one  extremity  of  the  inclosure,  and  the  animals 
gathered  at  the  other  end.  The  camp  was  a  complete  organization,  captains  and 
chiefs  being  elected  to  command.  No  person  was  allowed  to  act  on  his  own 
responsibility,  nor  to  use  even  a  sinew  without  accounting  for  it.  No  hunter  was 
allowed  to  lag,  or  lop  off,  or  go  before,  without  permission,  each  being  required 
to  take  his  turn  on  guard  or  patrol,  and  no  work  was  allowed  to  be  done  on  the 
Sabbath  day.  A  camp  crier  was  appointed,  and  any  offender  was  proclaimed  a 
thief,  or  whatever  the  nature  of  the  offense  might  be. 

RUNNING  THE   BUFFALO 

Charles  Cavileer  spent  over  fifty  years  of  his  life  in  the  Red  River  Valley. 
Mrs.  Cavileer,  his  widow,  is  a  grand-daughter  of  .\lexander  Murray,  one  of  the 
Selkirk  settlers,  and  a  survivor  of  the  Seven  Oaks  massacre;  a  daughter  of  Don- 
ald Murray,  one  of  the  early  merchants  of  Winnipeg,  and  on  her  mother's  side, 
a  grand-daughter  of  James  Herron,  an  old-time  trader.  Speaking  of  running  the 
buffalo,  she  said : 

"I  can  see  them  now  as  they  started  on  the  hunt.  I  can  see  them  rushing 
into  the  herd  of  buffalo,  the  hunter  with  his  mouth  filled  with  balls,  loading  and 
firing  rapidly.  Loose  powder  was  quickly  poured  into  the  muzzle  of  the  gun 
and  a  ball  drojiped  into  place,  and  the  point  of  the  gun  lowered  and  fired,  result- 
ing often  in  explosion,  for  the  reason  that  the  ball  had  not  reached  the  powder, 
or  had  been  thrown  out  of  place  by  the  quick  movement  of  the  gun.  Riding 
alongside  of  the  herd,  which  was  on  the  run  with  all  the  desperation  possible 
in  frightened  animals,  they  were  shot  down  by  the  thousands  in  a  single  day, 
and  then  the  work  of  pemmican  making  commenced,  on  the  ground  where  the 
animals  were  slain. 

M.^KINC.  PEMMICAN 

"The  meat  was  cut  into  long  strips  from  half  an  inch  to  an  inch  in  thickness, 
and  these  were  hung  on  racks  to  dry,  with  a  slow  fire  built  under  them  in  order 


36  HISTORY  OF  NORTH  DAKOTA 

to  smoke  them  a  little.  When  dried  and  smoked  slightly,  they  were  placed  on 
the  flesh  side  of  a  buffalo  hide,  and  whipped  until  beaten  into  shreds,  and  then 
mixed  with  hot  tallow  in  large  kettles.  Poured  into  sacks  while  soft,  the  thick, 
pliable  mass  became  so  hard  that  it  often  required  a  heavy  blow  to  break  it.  It 
could  be  eaten  without  further  preparation,  or  could  be  cooked  with  vegetables 
and  in  various  ways.  If  handled  properly  it  could  be  kept  for  many  years  per- 
fectly pure  and  sweet." 

There  was  always  reason  to  fear  danger  from  an  Indian  attack  in  hunting 
on  the  plains.  In  1S56,  the  Pembina  hunters  were  attacked  by  the  Yanktons, 
near  Devils  Lake,  and  their  horses,  buffalo  meat  and  supplies  were  taken  from 
them,  the  Yanktons  claiming  the  parties  were  hunting  in  their  country  without 
their  permission  and  not  for  their  own  food,  but  for  commerce,  which  they  would 
not  tolerate. 

In  i860  Sir  Francis  Sykes  spent  the  summer  hunting  in  the  Devils  Lake 
region,  and  the  next  svmnner  a  wealthy  Englishman  of  the  name  of  Handberry 
'Organized  a  party  for  the  same  purpose.  He  was  accompanied  by  Captain  Cal- 
vert, Malcolm  Roberts,  William  Nash  and  Charles  E.  Peyton.  George  W.  North- 
rup  was  interpreter  and  guide.  Their  entire  outfit  was  destroyed  or  carried 
away  and  the  party  taken  prisoners  by  the  Tetons,  but  they  were  released  the 
next  day  through  the  friendly  offices  of  the  Yanktons,  it  being  represented  to 
them  that  Mr.  Handberry  was  a  British  subject  and  only  passing  through  their 
country.  They  were  allowed  one  team  by  the  Indians  and  escorted  beyond  the 
danger  line,  but  the  other  animals  and  their  outfit  and  supplies  were  retained. 

Two  hunters  were  found  on  the  James  River  who  told  the  Indians  that  they 
came  to  hunt  and  trap.  The  chief  said  to  them,  "We  hunt,  we  trap;  you  go,'' 
and  they  were  given  to  understand  that  if  found  there  on  the  morrow  their  lives 
would  pay  the  forfeit. 

Flunting  on  the  plains  of  the  United  States  became  very  attractive  and  many 
titled  persons  felt  and  obej'ed  the  impulse  so  well  expressed  in  the  following 
lines : 

"I'll  chase  the  antelope  over  the  plain, 
The  tiger's  cub  I'll  bind  with  a  chain. 
And  the  wild  gazelle,  with  its  silvery  feet, 
I'll  give  thee  for  a  playmate  sweet." 

■ — Sonci  of  Ossian  E.  Dodge,  i8so. 

THE   BUFFALO   REPUBLIC 

In  the  summer  of  1865  General  John  M.  Corse  and  staff  visited  Fort  Wads- 
worth  on  Kettle  Lake,  afterwards  known  as  Sisseton,  North  Dakota,  and  par- 
ticipated in  a  buffalo  hunt  arranged  by  the  officers  of  the  post,  there  being  a  herd 
of  buffalo  in  the  vicinity  estimated  at  30,000. 

The  party  numbered  about  100,  and  was  led  by  Gabriel  Renville,  a  mixed- 
blood  Sioux,  chief  of  the  Indian  Scouts,  who  conducted  them  to  the  vicinity 
of  the  Hawk's  Nest,  a  high  peak  in  the  coteaus  or  hills  near  this  point.  Renville 
gave  the  signal,  and  he  and  his  party  of  Indian  scouts  began  whooping  and  yell- 
ing, and  rushed  into  the  herd,  followed  by  the  officers  and  their  visitors.  One 
lieutenant  of  the  general's  staff,  who  was  riding  the  finest  horse  of  the  party, 


t5 

z 


is 


HISTORY  OF  NORTH  DAKOTA  37 

became  so  excited  that  he  dropped  one  revolver  and  shot  his  horse  in  the  back 
of  the  head  with  the  other.  Renville  was  armed  with  a  Henry  rifle — a  sixteen 
shooter — and,  making  every  shot  good,  killed  sixteen  buffalo.  Charles  Crawford, 
a  noted  .Sioux  Indian  scout,  armed  in  the  same  manner,  killed  fifteen,  and  others 
killed  their  proportion. 

Samuel  J.  Brown,  one  of  the  party,  attacked  an  unusually  large,  fine-looking 
bull,  which  he  cut  out  of  the  herd  and  chased  until  he  had  exhausted  his  last 
shot,  when  the  animal  turned  on  him  and  ran  him  more  than  three  miles.  Twice 
Brown  tried  to  avoid  his  pursuer  or  mislead  him  by  dodging  around  a  hill, 
but  the  animal  would  slowly  ascend  it  and  as  soon  as  he  discovered  his  tormentor, 
would  again  pursue  him.  The  buffalo  was  finally  killed  by  the  soldiers  in  the 
immediate  vicinity  of  the  camp. 

The  visit  of  General  Corse,  and  the  hunt  were  celebrated  in  the  manner 
usual  at  frontier  posts.  In  the  course  of  the  feasting  it  was  resolved  that 
Dakota  should  be  called  the  Tatanka  Republic ;  tatanka  being  the  Indian  word  for 
buffalo.  Maj.  Robert  H.  Ross  of  the  Second  Minnesota  Regiment,  was  chosen 
president;  Maj.  Joseph  R.  Brown  of  the  Minnesota  Volunteer  Militia,  secretary 
of  war;  Gabriel  Renville,  "captain-general  of  the  forces  operating  against  the 
woolly  buffalo  and  the  wily  Sioux,"  and  Capt.  Arthur  Mills,  quartermaster 
general. 

THE  MISSOURI   RIVER  I'.LOCK.VDED   BY   nUFFALO 

In  1867,  Capt.  Grant  Marsh,  proceeding  up  the  Missouri  River  on  the  steamer 
"Ida  Stockdale,"  with  Gen.  Alfred  H.  Terry  and  staff'  aboard,  encountered  many 
buffalo  when  they  reached  the  Elkhorn  Prairie,  about  one  hundred  and  twenty- 
five  miles  above  Fort  Buford.  The  story  as  related  by  Marsh  in  J-  Mills  Hanson's 
book,  entitled  "The  Conquest  of  the  Missouri,"  is  as  follows: 

"Though  these  animals  were  so  numerous  throughout  Dakota  and  ^Montana 
that  some  of  them  were  almost  constantly  visible  from  passing  steamboats,  either 
grazing  on  the  open  prairie,  or  resting  or  wallowing  near  the  river,  it  was  in 
the  country  above  the  Yellowstone  River  that  they  appeared  in  greatest  numbers, 
for  here  they  were  accustomed  to  pass  on  their  northern  and  southern  migra- 
tions in  the  spring  and  autumn. 

"As  the  'Stockdale'  approached  Elkhorn  I'rairie.  the  buffalo  increased  rapidly 
in  number  on  either  bank ;  vast  herds,  extending  away  to  the  horizon  line  of 
the  northern  bluff's,  were  moving  slowly  toward  the  river,  grazing  as  they  came. 
On  arriving  at  the  river's  brink  they  hesitated,  and  then  snorting  and  bellowing, 
plunged  into  the  swift  running  current  and  swam  to  the  opposite  shore.  When 
the  'Stockdale'  reached  a  point  nearly  opposite  the  Elkhorn  Grove,  excitement 
rose  to  a  high  pitch  on  board,  for  the  buffalo  became  so  thick  in  the  river  that 
the  boat  could  not  move,  and  the  engine  had  to  be  stopped.  In  front,  the  channel 
was  blocked  by  their  huge,  shaggy  bodies,  and  in  their  struggles  they  beat  against 
the  sides  of  the  stern,  blowing  and  pawing.  Many  became  entangled  with  the 
wheel,  which,  for  a  time,  could  not  be  revolved  without  breaking  the  buckets. 
As  they  swept  towards  the  precipitous  bank  of  the  north  shore  and  plunged 
over  into  the  stream,  clouds  of  dust  arose  from  the  crumbling  earth,  while  the 
air  trembled  with  their  bellowing  and  the   roar  of  myriad  hoofs.     The   south 


38  HISTORY  OF  NORTH  DAKOTA 

bank  was  turned  into  a  liquid  mass  of  mud  by  the  water  streaming  from  their 
sides  as  they  scrambled  out,  and  thundered  away  across  the  prairie.  *  *  * 
Several  hours  elapsed  before  the  "Stockdale"  was  able  to  break  through  the 
migrating  herds,  and  resume  her  journey,  and  they  were  still  crossing,  when  at 
last  they  passed  beyond  view." 

THE    LAST    GREAT    HUNT 

In  his  book  entitled  "My  Friend,  the  Indian,"  Maj.  James  McLaughlin,  gives 
an  account  of  what  was  the  last  buffalo  hunt  in  North  Dakota,  resulting  in 
killing  5,000  of  the  noble  beasts,  now  reduced  to  a  few  small  herds  preserved  in 
parks  by  the  Government  or  individuals.  ^lajor  McLaughlin  was  then  Indian 
Agent   at    Standing   Rock. 

The  buffalo  had  been  located  100  miles  west,  on  the  head  waters  of  the 
Cannonball  River.  It  was  in  June,  when  the  buffalo  was  at  his  best.  The  camp 
was  made  according  to  tribal  customs,  and  all  of  the  honors  were  accorded  the 
traditional  beliefs.  Two  thousand  Indians  were  seated  on  the  prairie,  with  dtie 
regard  to  rank,  forming  a  crescent-shaped  body,  the  horns  of  the  crescent  open- 
ing to  the  west.  Running  Antelope,  the  leader  of  the  hunt,  was  seated  in  the 
rear  of  a  painted  stone,  made  to  represent  an  altar.  Eight  young  men  had  been 
selected  to  go  ahead  and  spy  out  the  buffalo.  The  chief  addressed  them  relative 
to  the  importance  of  their  mission,  and  the  necessity  of  caution,  and  closed  by 
administering  to  each  a  solemn  oath,  during  which  the  men  in  the  semi-circle  put 
away  their  pipes.  Running  Antelope  filled  the  sacred  pipe,  which  was  lighted 
with  much  ceremony,  and  offered  to  the  earth  in  front  of  him  to  propitiate  the 
spirits  which  make  the  ground  plentiful,  and  then  to  the  sky,  invoking  the  bless- 
ing of  the  Great  Spirit.  He  took  a  puff,  and  passed  it  to  the  chief  of  the 
scouts ;  the  latter  placed  his  hand  holding  the  bowl  of  the  pipe  on  the  altar,  and 
then  took  a  puff,  each  following  his  example. 

When  the  ceremony  was  over  every  man  owning  a  horse  was  on  his  feet, 
gesticulating  and  congratulating  the  scouts  on  their  good  fortune.  Three  bushes 
were  set  in  the  ground,  and  if  in  riding  anyone  succeeded  in  knocking  down  all 
three  of  the  bushes,  a  great  amount  of  game  would  be  killed.  Major  McLaughlin 
led  the  race,  and  it  was  his  good  fortune  to  knock  down  all  three.  The  Indians 
were  happy.  All  seemed  well.  When  happy  the  Indian  is  exuberant  in  his  joy, 
and  his  cup  of  happiness  that  day  promised  to  be  filled  to  the  very  brim.  Gall, 
Crow  King,  Rain-in-the-Face,  John  Grass,  Spotted  Horn  Bull  and  other  noted 
men  were  there.  The  march  lasted  four  days.  There  were  about  six  hundred 
mounted  hunters  in  the  party,  and  many  thousand  buffalo  were  quietly  grazing 
on  the  slopes  of  a  hundred  elevations  as  they  advanced  upon  the  herd.  Some  of 
the  hunters  were  amied  with  bow  and  arrows,  but  most  of  them  with  repeating 
rifles,  and  in  a  few  moments  the  hunt  became  a  slaughter.  The  Indians  killed 
buffalo  until  they  were  exhausted,  and  when  the  day's  work  was  done  over 
two  thousand  animals  had  been  slain.  -Several  of  the  Indians  were  hurt,  one 
dying  of  heart  disease  during  the  excitement  of  the  slaughter.  The  attack  was 
renewed  on  the  herd  the  next  day  with  even  greater  success,  and  when  it  was 
concluded  over  five  thousand  had  been   slain,  and  the  meat  preserved   for  the 


I'li'tiis  by  D.  F.  Barrj-,  Siipcrinr.  Wis. 

Sioux  '\\'anioi- 


NOTED  SIOUX 


Crow  King 
John  Grass 
Eunning    Anttlope 


HISTORY  OF  NORTH  DAKOTA  39 

winter's  food  supply.  Frank  Gates  and  Henry  Agard  each  killed  twenty-five 
buftalo,  and  many  others  had  made  enviable  records. 

It  was  contemporaneous  with  these  results  that  William  E.  Curtis,  the  noted 
traveler,  accompanied  by  the  author  of  these  pages,  visited  the  Yellowstone  River. 
They  were  entertained  at  Glendive  by  Capt.  James  M.  Bell  of  the  Seventh 
U.  S.  Cavalry,  who  organized  a  buffalo  hunt  for  their  entertainment.  They 
reached  the  grounds,  twenty  miles  down  the  river,  from  Glendive,  about  noon, 
and  encountered  a  herd  of  about  four  thousand,  but  being  there  to  see  and  not 
to  be  a  part  of  the  performance,  Curtis  and  Lounsberry  were  not  mounted. 
However,  they  were  allowed  to  creep  up  the  cut  bank  of  a  stream  to  within  easy 
range,  when  they  fired  and  the  stampede  commenced.  The  soldiers  then  rushed 
in  among  the  herd  shooting  as  they  rode  alongside  of  the  running  animals. 
Seven  were  killed,  that  being  all  that  was  needed  for  a  camp  supply  of  meat. 

The  great  herds  of  buffalo  and  of  the  cattle  and  horses  which  succeeded 
them  have  passed  and  are  gone,  so  far  as  free  range  is  concerned,  and  the  open 
countrv  which  once  knew  them  shall  know  them  no  more. 


CHAPTER  IV 
FOUNDING  OF  PEMFJNA 

THE  POST  NAMED ORIGIN  OF  THE   NAME — THE  FIRST  FARMING POULTRY  RAISING 

AND    MANUFACTURES THE    FIRST    CHILD PIERRE    BONGA--THE    FIRST    WHITE 

CHILD MANAGERS,      EMPLOYEES      AND      TRADING      STATISTICS BUFFALO,      THE 

HUNTER EFFECTS    OF    THE    LIQUOR    TRADE    AT    PEMBINA THE    STAIN    ON    THE 

RECOPJD NORTH-WEST     AND     X.     Y.     CONSOLIDATION FIRST     FAMILY     NAMES 

HENRY    SUFFERS    FROM    THE    SIOUX — TRIAL    OF    THE    NEW    POLICY CHANGE    IN 

MANAGERS OUTLYING      POSTS      WITHDRAWN — ANARCHY      AND      HOSTILITY — A 

NIGHT  ATTACK POSTS  ON  THE  RED  RIVER — EARLY  TRAFFIC   ON  THE  RED  RIVER. 

"And  he  gave  it  for  his  opinion,  that  whoever  could  make  two  ears  of  corn,  or  two  blades 
of  grass  to  grow  upon  a  spot  of  ground  where  only  one  grew  before,  would  deserve  better 
of  mankind,  and  do  more  essential  service  to  his  country,  than  the  whole  race  of  politicians 
put  together." — Jonathan  Swift. 

THE  POST  .AT  PEMBINA 

May  17,  1 801,  Alexander  Henry  selected  the  spot  for  building  a  fort  at 
Pembina.  The  post  was  completed  October  i,  1801,  and  thereafter  Henry's 
scattered  forces  made  their  headquarters  at  Pembina. 

The  post  was  named  "Fort  Panbian,"  and  was  later  called  the  "Pembina 
House."  It  was  built  on  the  north  side  of  the  Panbian  River — afterward  changed 
to  Pembina — between  that  and  the  Red  River,  100  paces  from  each,  on  land 
afterwards  entered  by  Joseph  Rolette,  and  in  1870,  James  J.  Hill,  subsequently 
president  of  the  Great  Northern  Railroad,  purchased  of  Air.  Rolette  the  identical 
ground  on  which  the  establishment  stood,  embracing  five  acres,  where  he  built  a 
bonded  warehouse  for  trade  with  the  Indians  and  settlements  in  Manitoba. 

Norm.an  W.  Kittson,  a  later  trader  at  Pembina,  and  identified  with  transpor- 
tation and  other  interests  of  the  Red  River  country  and  of  Minnesota,  was  a 
relative  of  Alexander  Henry.  Henry's  post  consisted  of  a  storehouse,  100x20 
feet,  built  of  logs.  Later  a  stockade  and  other  buildings,  including  store  rooms, 
shops,  warehouses  and  a  stable  for  fifty  horses,  were  added. 

The  Hudson's  Bay  Company  built,  the  fall  of  1801,  a  post  on  the  east  side  of 
the  Red  River,  near  Peter  Grant's  old  post,  and  the  X.  Y.  Company  built  just 
below  Henry  on  the  Pembina  River.  The  Hudson's  Bay  Company  built  a  post, 
also,  on  the  Pembina  River  at  the  Grand  Passage,  which  was  destroyed  by  fire 
April  I,  1803. 

40 


CAMP  OF  PEMBINA  HALF-BREEDS  WITH  THEIR  'RED  RIVER  CARTS" 


OLD  FORT  PEMBINA,   1840-84 
Norman  Kittson's  trading  post. 


HISTORY  OF  NORTH  DAKOTA  41 

ORIGIN   OF  THE   NAME 

The  name  of  Pembina,  aj)])lied  to  the  post  and  the  mountains,  previous  to 
1 80 1  known  as  Hair  Hills,  is  claimed  by  recognized  authorities  to  be  derived  from 
the  Chippewa  words  ancpemiuan  sipi,  a  red  berry  known  among  the  whiles  as 
the  "high  bush  cranberry." 

The  early  efforts  to  create  the  "Territory  of  Pembina"  were  antagonized 
because  it  was  alleged  that  the  word  was  insignificant,  and  when  in  the  debates 
in  Congress  it  was  pronounced  "Pembyny,"  by  a  usually  well  informed  congress- 
man, all  efforts  in  that  direction  ceased.  Early  in  1882,  the  Bismarck  Tribune, 
then  edited  by  the  author  of  these  pages,  used  "North  Dakota"  in  the  date  line 
of  that  paper,  and  from  that  time  the  friends  of  "North  Dakota"  were  united 
in  their  efforts  to  secure  "North  Dakota"  for  the  name  of  the  proposed  new  state. 
Dakota  had  become  noted  for  its  great  wheat  fields,  and  it  was  desired,  also,  to 
retain  whatever  benefit  might  accrue  from  that  fact,  as  the  famous  farms  were  in, 
the  northern  part  of  the  territory. 

THE   FIRST  F.XRMINC 

John  Tanner  claims  that  the  cultivation  of  Indian  corn  was  introduced  on  the 
Red  River  by  an  Ottawa  friend  of  his  of  the  name  of  She-gaw-kee-sink,  and  it  is 
known  that  Indian  farming  was  carried  on  successfully  for  many  years  by  the 
Arikaras,  Mandans  and  Hidatsa,  at  the  Alandan  villages,  prior  to  the  advent 
of  Alexander  Henry.  They  raised  corn,  potatoes,  squashes,  etc.,  but  to  Henry 
belongs  the  credit  of  the  first  attempt  to  raise  vegetables  and  corn  in  the  upper 
Red  River  Valley.  He  was  the  first  white  farmer  in  North  Dakota.  May  17, 
1801,  he  planted  a  few  potatoes  and  garden  seeds  on  the  site  of  Peter  Grant's 
old  fort,  and  harvested  iv;  bushels  of  potatoes  October  ist.  The  other  vegetables- 
had  been  consumed  by  the  horses. 

The  following  year  on  May  15,  1802,  he  began  to  sow  his  garden,  and 
planted  a  bushel  of  potatoes,  received  from  Portage  La  Prairie. 

May  7,  1803,  he  planted  potatoes,  turnips,  beets,  carrots,  onions,  sowed  cab- 
bage and  planted  cabbage  stalks  for  seed.  Three  days  later  he  finished  planting 
eight  kegs  of  potatoes.  The  yield  October  17th,  amounted  to  420  bushels  of 
potatoes  from  7  bushels  planted,  exclusive  of  those  used,  destroyed  and  stolen 
by  the  Indians,  estimated  at  200  bushels :  300  large  heads  of  cabbage,  8  bushels 
of  carrots,  16  bushels  of  onions,  10  bushels  of  turnips,  some  beets,  parsnips, 
etc.  One  onion  measured  22  inches  in  circumference  at  the  thick  end ;  a  turnip 
with  its  leaves  weighed  25  pounds,  the  leaves  alone  15  pounds.  The  weight 
without  the  leaves  was  generally  10  to  12  pounds. 

April  28,  1804,  he  was  working  in  his  garden,  and  September  9th,  gathered 
cucumbers  and  made  a  nine-gallon  keg  of  pickles.  October  22d  the  crop  gathered 
was  1,000  bushels  of  potatoes — the  product  of  21  bushels — 40  bushels  of  turnips, 
25  bushels  of  carrots,  20  bushels  of  beets,  20  bushels  of  parsnips,  10  bushels  of 
cucumbers,  2  bushels  of  melons,  5  bushels  of  squashes.  10  bushels  of  Indian  corn, 
200  large  heads  of  cabbage,  300  small  and  savoy  cabbage :  all  of  these  exclusive- 
of  what  had  been  eaten  and  destroyed. 

Here-  is  doubtless  the  first  record  of  Indian  corn  grown  in  the  Red  River 


42  HISTORY  OF  NORTH  DAKOTA 

Valley.     Henry  claims  that  he  furnished  the  Indians  at  Dead  River,  Manitoba, 
seed  corn  and  seed  potatoes  in  1805. 

POULTKY  KAISING  AND  MANUFACTURES 

In  1807  Henry  brought  a  cockerel  and  two  hens  from  Fort  William  to 
Pembina.  One  hen  died,  and  the  other  began  to  lay  Alarch  29,  1808.  May  8th, 
she  hatched  eleven  chickens  and  seven  more  were  added  later  in  the  season; 
giving  him  a  tlock  of  eighteen  chickens,  the  first  domestic  fowl  raised  in  North 
Dakota. 

At  this  time  there  was  a  manufactory  at  Pembina,  where  Red  River  carts 
were  made,  and  a  cooper  shop  turning  out  kegs  and  half  barrels. 

THE  FIRST  CHILD,  PIERRE  P.ONGA 

March  14,  1801,  the  first  child,  not  of  Indian  blood,  was  born  at  Pembina, 
to  Pierre  Bonga  and  his  wife,  both  negroes.  Pierre  Bonga  had  been  a  slave 
of  Capt.  Daniel  Robertson  of  Mackinavv,  brought  home  from  the  West  Indies, 
and  was  in  the  first  canoe  of  the  Red  River  Brigade  of  July,  1800. 

An  amusing  story  of  riding  a  buffalo  is  told  of  him  at  Pembina.  A  bufifalo 
cow  had  fallen  on  the  ice  near  the  fort,  and  in  her  struggle  to  get  up  had  become 
entangled  in  a  rope,  but  finally  gained  her  feet,  when  Pierre  and  Crow  (an 
Indian)  got  on  her  back,  but  without  paying  any  attention  to  them,  she  attacked 
the  dogs,  and  was  as  nimble  in  jumping  and  kicking  as  she  was  before  taking  the 
load  of  nearly  four  hundred  pounds. 

In  the  fall  of  1802,  Joseph  Duford  of  the  X.  Y.  Company  threatened  to  kill 
Bonga,  and  himself  received  a  sound  beating.  Bonga  left  numerous  descendants, 
one  of  whom  was  an  interpreter  at  the  Fort  Snelling  treaty  of  1837. 

THE  FIKST   WHITE   CltlLD 

The  first  white  child  was  born  at  Pembina  December  29,  1807.  Its  father 
was  John  Scart  of  Grand  Forks,  and  its  mother  was  a  native  of  the  Orkney 
Islands,  who  dressed  in  men's  clothes  and  for  several  years  had  been  doing  a 
man's  work  at  Pembina. 

MANAGERS,   EMPLOYEES  AND  TRADING   STATISTICS 

Jean  Baptiste  Demerais,  interpreter  for  Henry's  Red  River  brigade,  had 
charge  of  the  garden,  horses  and  fishing,  etc.,  at  Fort  Pembina  the  first  season, 
and  the  winter  of  1801-2,  took  at  his  station  near  where  Morris,  Manitoba,  now 
stands,  130  beay.er  skins,  8  wolf,  2  fox,  3  raccoon.  38  fisher,  2  otter  and  5  mink. 

BUFFALO,  THE  HUNTER 

Buti'alo,  a  member  of  the  Henry  expedition  of  1800,  in  1801,  was  chosen 
hunter  for  the  post  at  Pembina.  As  recorded  in  the  annals  of  the  post  he  was 
one  of  the  most  demoralized  in  his  domestic  relations,  offering,  like  Charlo,  to 


HISTORY  OF  NORTH  DAKOTA  43 

-sell  his  nine-year-old  daughter  to  Henry  for  a  dram  of  his  '"mixture"  at  Park 
River.  In  the  spring  of  1803,  he  quarreled  with  his  wife,  and  struck  her  with 
a  club,  cutting  a  gash  in  her  head  six  inches  long  from  the  effects  of  which  she 
was  so  long  recovering  that  she  was  believed  to  be  dead,  and  a  year  later  he 
repeated  the  brutality  by  stabbing  his  young  wife  in  the  arm;  all  of  which 
was  attributed  to  his   frenzied  condition  while  in  his  cups. 

MICHAEL    LANGLOIS 

^lich.'iel  Langlois  of  the  Red  River  Brigade,  after  the  trading  post  was 
established  the  fall  of  1801,  on  the  Pembina  River,  was  sent  to  the  Pembina 
Mountains,  then  known  as  Hair  Hills,  to  establish  a  post  at  the  foot  of  the 
steep,  sandy  banks,  where  the  river  first  issues  from  the  mountains,  and  the 
X.  Y.  Company  sent  four  men  there  to  build  alongside  of  his  establishment; 
<ilso,  aside  from  the  two  houses  mentioned,  there  was  another  trading  post  in 
the  Pembina  Mountains,  known  as  the  De  Lornie  House,  where  Henry  called 
on  his  rounds,  visiting  his  several  outlying  posts  that  winter.  These  trips  were 
made  with  dog  sledges  and  snow  shoes. 

The  following  winter  of  1801-02,  Michael  Langlois  took  at  the  Pembina 
Mountains,  200  beaver  skins,  24  black  bear,  5  brown  bear,  160  wolf,  39  fox, 
14  raccoon,  57  fisher,  5  otter  and  15  mink.  In  September,  1802,  he  was  ordered 
by  Mr.  Henry  to  Red  Lake,  but  failing  to  make  that  point,  spent  the  winter 
at  Leech  Lake,  accompanied  by  Joseph  Duford.  The  winter  of  1803-04,  he  passed 
at  the  Pembina  Mountains  post  with  Le  Sieur  Toussaint  and  turned  in  182  beaver 
skins,  51  bear  and  148  wolf.  Maymiutch,  Charlo's  brother,  an  Indian  who  went 
up  the  river  with  the  "brigade"  while  under  the  influence  of  liquor,  shot  at 
Michael  Langlois  December  21,  1803.  The  following  season,  1804-05,  Langlois 
was  in  charge  of  the  same  station  with  James  Caldwell.  The  returns  of  catch 
are  as  follows:     16  beaver  skins,  37  bear,  251  wolf. 

Other  employees  at  Fort  Pembina  in  1801,  or  about  that  period,  who  con- 
ducted the  work  of  the  post,  were  Jean  Baptiste  Le  Due  (possibly  Larocque), 
Joachim  Daisville,  Andre  La  Grosser,  Andre  Beauchemin,  Jean  Baptiste 
Larocque.  Jr..  Etienne  Roy,  Francois  Sint,  Joseph  Maceon,  Charles  Bellegarde, 
Joseph  Hamel,  Nicholas  Pouliotte  and  |oseph  Dubois — all  of  Henry's  Red 
River  Brigade. 

JOHN    CAMERON 

John  Cameron  who  had  been  at  Park  River  the  previous  season,  was  sent  by 
Mr.  Henry  September  i,  1801.  to  Grand  Forks,  to  build  a  post  there,  and  he  was 
followed  by  the  X.  Y.  Company ;  wherever  the  one  company  went  the  other  was 
sure  to  follow.  Cameron  took  in  at  Grand  Forks,  the  season  .pf  1801-02,  410 
beaver  skins,  22  black  bear,  2  brown  bear,  30  wolf,  20  fox,  20  raccoon,  23  fisher, 
20  otter  and  6  mink. 

September  20,  1802,  he  was  sent  from  Pembina  for  the  same  purpose,  to 
Turtle  River,  and  took  in  ;^;^~  beaver  skins,  40  bear  and  114  wolf.  The  winter 
of  1803-04,  he  passed  at  Park  River  with  Joseph  Ducharme  and  the  post  turned 
in    147  beaver  skins.   25  bear  and    14   wolf. 


44  HISTORY  OF  NORTH  DAKOTA 

AUGUSTINE    CADOTTE 

AngiiFtine  Cadotte  was  sent  September  20,  1802,  to  the  Pembina  Mountains, 
to  trade  with  the  Crees  and  Assiniboincs  and  remained  there  through  the  winter, 
taking  30  beaver  sl<ins,  47  bear  and  364  wolf.  April  I,  1803,  he  was  sent  to 
Grand  Forks  to  rebuild  the  post  there,  erecting  a  building  100x20  feet  in  extent, 
the  same  size  as  the  original  post  at  Pembina.  The  X.  Y.  and  the  Hudson's 
Bay  Company  followed,  and  that  spring  the  Hudson's  Bay  Company  erected  a 
new  post  on  the  north  side  of  the  Pembina  River  at  Pembina. 

JOHN    CREBASSE 

fohn  Crebasse  with  Mr.  Henry  at  Fort  Pembina,  in  the  winter  of  1801-02, 
took  in  629  beaver  skins,  18  black  l:)ear,  4  brown  bear,  58  wolf,  16  fox,  39  raccoon, 
67  fisher,  24  otter,  6  marten,  26  mink.  At  the  same  place  he  passed  the  follow- 
ing winter,  1802-03,  with  Mr.  Henry,  taking  550  beaver  skins,  38  bear  and  104 
wolf. 

The  winter  of  1805-06,  John  Crebasse  was  in  charge  at  Grand  Forks,  and 
Mr.  Henry  at  Pembina.  Crebasse  turned  in  from  the  former  station  343  beaver 
skins,  24  bear,  310  wolf,  171  fox,  75  raccoon,  59  fisher,  27  otter  and  other  skins. 

Of  course  there  were  other  products  of  the  chase  from  all  of  these  points 
each  year. 

JOSEPH    DUFORD 

Joseph  Duford,  a  member  of  the  X.  Y.  Company,  who  threatened  to  kill 
Pierre  Bonga,  and  was  the  companion  of  Michael  Langlois  at  Leech  Lake 
the  winter  of  1S02-03,  was  with  H^enry  Hesse  in  charge  of  the  Salt  River  post 
in  1804-05,  and  it  appears  on  the  returns  of  Salt  River  for  that  winter,  that 
they  turned  in  160  beaver  skins,  24  bear  and  346  wolf.  Duford  was  killed  by  a 
visiting  Lidian.  October  30,  1805,  and  under  this  date  the  following  particulars 
are  given : 

A  visiting  Indian  and  his  chief  had  accepted  a  quart  of  rum  and  were  being 
entertained  at  the  fort.  In  the  course  of  the  night  they  quarreled,  made  up, 
fought  their  battles  with  the  Sioux  over  again,  sang  war  songs,  discussed  the 
Sioux,  boasted  of  their  own  exploits,  sometimes  maneuvering  as  in  actual  battle, 
with  a  pipe  stem  for  a  weapon,  and  finally  the  chief  fell,  exhausted  and  the  other 
continued  the  performance  alone,  until  he  worked  himself  into  a  frenzy  and 
thinking  he  was  really  in  a  battle  and  the  Sioux  were  upon  him,  grabbed  his  gun.' 
called  upon  his  imaginary  comrades  to  follow  him  and  fired — mortally  wound- 
ing Joseph  Duford. 

The  next  morning  when  sober,  the  Indian  was  in  great  distress,  insisting 
that  he  intended  no  harm,  that  he  knew  that  he  was  a  bad  Indian ;  that  he  had 
killed  three  of  his  own  children,  but  he  had  never  hurt  a  white  man  before. 

According  to  the  record — "he  was  forgiven." 

ETTENNE    CFI ARllONNEAU 

Etienne  Charbonneau  went  up  the  river  with  Henry's  Red  River  Brigade 
to  Park  River,  and  the  winter  of  1803-C4  was  with  Henry  at  Fort  Pembina,  where 
they  turned  in  211  beaver  skins,  29  bear  and  37  wolf. 


HISTORY  OF  NORTH  DAKOTA  45 

For  the  winter  of  1804-05,  the  returns  of  the  catch  at  Fort  Pembina  were  829 
beaver  skins,  36  bear  and   102  wolf. 

There  were  ten  grizzly  bear  skins  in  the  returns  of  that  year  from  the  three 
posts,  viz. :    Salt  River,  Pembina  Mountains  and  Pembina  post. 

THE  STAIN   ON   THE  RECORD 

"Oh  !  stay  not  to  recount  the  tale — 

'Twas  bloody — and  'tis  past, 
The  firmest  cheek  might  well  grow  pale 

To  hear  it  to  the  last. 
The  God  of  heaven,  who  prospers  us, 

Could  bid  a  nation  grow. 
And  sliield  us  from  the  red  man's  curse 
Two  hundred  years  ago !" 

— Grenville  Mcllcn. 

From  the  28th  of  August,  1801,  to  the  close  of  the  year  1804,  the  record  of 
the  life  at  Fort  Pembina  is  a  series  of  complaints,  demands,  quarrels  and  casual- 
ties, the  revolting  details  of  which  involve  the  characters  of  many  brave  Indians, 
who  doubtless  merit  honorable  mention,  but  who  appear  at  best  as  "trouble- 
some" and  many  of  them  as  answerable  for  a  long  list  of  crimes,  invariably 
with  direct  reference  to  an  abnormal  state  of  mind,  attributed  to  over-indulgence 
on  one  side  and  criminal  adulteration  of  the  means  of  it  on  the  other. 

The  record  of  Alexander  Henry,  as  made  up  by  himself,  during  five  years 
of  the  early  history  of  the  Red  River  Valley,  is  bad  enough.  Others  were  work- 
ing on  the  same  lines.  In  some  of  their  journals  the  record  is  far  more  shameful 
than  Henry's,  and  of  his  Doctor  Coues  says : 

"The  seamy  side  of  the  fur  trade  Henry  shows  us  with  a  steady  hand  that 
we  can  scarcely  follow  with  unshaken  nerves,  is  simply  hell  on  earth ;  people 
with  no  soul  above  a  beaver  skin,  fired  by  King  Alcohol  in  the  workshop  of 
Mammon." 

Ingenious  excuses  were  framed  by  the  Indians  for  obtaining  the  stimulant 
which  the  white  traders  had  encouraged  them  to  use  and  taught  them  to  prize 
above  all  things,  and  in  the  dealing  out  to  them  of  the  poison,  there  was  often 
a  nefarious  liberality,  let  alone  their  questionable  forms  of  trade,  for  which  there 
can  be  no  condemnation  too  severe. 

Henry  in  commenting  on  the  degeneracy  of  the  Indians,  said : 

"The  Indians  totally  neglect  their  ancient  ceremonies,  and  to  what  can  tiiis 
degeneracy  be  ascribed  but  to  their  mtercourse  witli  us  ;  particularly  as  they 
are  so  unfortunate  as  to  have  a  continual  succession  of  opposition  parties  to 
teach  them  roguer}'  and  destroy  both  mind  and  body  with  that  pernicious  article, 
rum!  What  a  different  set  of  people  they  would  be,  were  there  not  a  drop  of 
liquor  in  the  country!  If  a  murder  is  committed  among  the  Saulteurs  (Chippewa), 
it  is  always  in  a  drinking  match.  We  may  truly  say  that  liquor  is  tlie  root  of  all 
evil  in  the  Northwest.  Great  bawling  and  lamentation  went  on,  and  I  was 
troubled  most  of  the  night  for  liquor  to  wash  away  grief." 

The  use  of  intoxicating  liquor  rouses  the  passions,  among  all  races  of  men ; 
it  deadens  the  sensibilities,  impairs  and  frequently  destroys  the  memory.  Love 
and  virtue  cannot  long  endure  where  alcohol  holds  sway ;  prosperity  cannot  abide 


46  HISTORY  OF  NORTH  DAKOTA 

in  the  home  of  the  man  who  is  addicted  to  its  use,  his  business  will  fail,  his 
home  will  be  broken,  and  his  parents,  his  wife  and  daughters  may  expect  to 
go  in  sorrow  to  their  graves.  There  is  no  evil  known  to  man  that  can  or  does 
bring  the  distress  to  the  human  race  that  follows  its  unrestrained  use. 

Perhaps  it  has  been,  and  may  be  used  to  some  advantage  in  medicine  and 
mechanic  arts,  but  there  is  absolutely  no  compensation  that  it  has  given  or  can 
give  the  world,  for  the  ruin  it  has  wrought  in  its  use  as  a  beverage.  A  noble 
race  that  peopled  the  plains  and  forests  of  North  America  have  been  nearly 
destroyed  by  its  use  and  the  white  man's  greed  for  gold,  and  countless  thousands, 
aye,  millions  of  white  men  have  been  unfitted  for  life's  duties,  not  to  speak  of 
the  murders  and  suicides,  and  of  the  miserable  wrecks  in  the  hospitals  for  the 
insane  and  in  the  penitentiaries  and  jails. 

The  flagstaff  for  Fort  Pembina,  a  single  oak  stick,  "seventy-five  feet  without 
splicing,"  was  erected  November  28,  1801,  and  at  the  raising  the  men  were  given 
"two  gallons  of  high  wines,  four  fathoms  of  tobacco,  and  some  flour  and  sugar, 
to  make  merry."  But  it  was  not  alone  the  aborigines  who  exceeded  the  bounds 
of  sobriety,  for  it  is  written,  that  on  New  Year's  day  the  men  of  the  X.  Y.  Com- 
pany and  the  Hudson's  Bay  Company  came  over  to  Fort  Pembina,  and  the 
manager  treated  the  company  assembled  to  "two  gallons  of  alcohol,  five  fathoms 
of  tobacco  and  some  flour  and  sugar,  the  neighbors  and  everybody  else  of  both 
sexes  and  all  classes  losing  their  senses,  and  according  to  the  narrator,  'becoming 
more  troublesome  than  double  their  number  of  Indians.'  " 

Good  drinking  water  was  scarce  on  the  hunt  and  in  the  midst  of  the  winter 
of  1801-02  (February  28th),  Henr\-  returned  from  hunting  almost  famished, 
and  declared  that  "a  draught  of  water  was  the  sweetest  beverage  he  ever  drank." 

Of  the  Indian  when  not  degenerated  by  the  use  of  intoxicants  it  may  be  said 
there  is  no  selfishness  in  him.  His  anger  and  his  appetite  in  those  days  were 
uncontrollable,  but  there  is  no  human  love  stronger  than  his  for  home  and  kindred, 
and  he  seldom  forgot  to  recognize  "discretion"  as  "the  better  part  of  valor." 
and  for  that  he  has  been  called  cowardly.  No  matter  what  the  Indian's  prospect 
for  success  in  battle  might  be,  the  moment  that  he  realized  that  his  women  and 
children  were  in  danger  he  would  retire.  Their  protection  was  his  first  con- 
sideration. Aside  from  that  his  creed  was  a  life  for  a  life,  a  scalp  for  a  scalp. 
If  the  Indians  traveled  a  thousand  miles,  enduring  privation  and  dangers  that 
were  appalling,  it  was  for  scalps  to  recompense  for  similar  losses.  It  was  not 
the  love  of  blood.shed,  or  for  the  wanton  destruction  of  human  life.  It  was  for 
revenge,  none  the  less  sweet  because  indulged  by  the  untutored  tribesmen. 

NORTH-WEST  AND   X.   Y.    CONSOLID.\TION 

In  1805  Hugh  McGillis,  partner  in  the  North-West  Company,  had  charge  of 
the  Fond  du  Lac  district,  with  trading  posts  at  every  available  point  on  the  south 
side  of  Lake  Superior,  across  the  country  to  the  Mississippi  River,  up  that 
stream  to  its  source,  and  down  on  the  Red  River.  The  company  had  extended 
its  .sphere  of  activity  even  to  the  very  center  of  the  Louisiana  purchase ;  tbev 
were  reaching  out  to  the  headwaters  of  the  Missouri  River,  and  pushing  their 
way  on  to  the  Columbia  and  to  the  Arctic  seas. 


HISTORY  OF  NORTH  DAKOTA  47 

The  headquarters  of  Mr.  AlcGilHs  were  at  Leech  Lake,  and  he,  also,  had 
an  important  post  at  Cass  Lake,  Minnesota. 

Cuthbert  Grant  had  charge  of  the  post  at  Sandy  Lake,  near  grounds  covered 
now  by  Aitkin,  Minn.,  and  had  a  number  of  other  posts  in  the  surrounding 
country. 

Robert  Dickson  was  an  independent  Canadian  trader,  having  his  main  jjost 
on  the  Mississippi  River,  near  what  is  now  St.  Cloud,  and  another  at  Cass  Lake, 
in  charge  of  George  Anderson. 

At  all  these  posts  English  goods  were  being  sold  without  the  payment  of 
duties;  most  of  the  posts  being  fortified,  and  many  of  them  flying  the  British 
flag,  the  "Second  Union  Jack,"  which,  since  1801  had  embraced  the  cross  of 
St.  Patrick  in  addition  to  those  of  St.  George  and  St.  Andrew.  Canadian  traders 
assumed  the  right  to  make  or  break  Indian  chiefs,  and  were  holding  their  friend- 
ship and  confidence  by  the  presentation  of  medals,  and  using  intoxicating  liquors 
to  demoralize  and  debauch  them. 

Alexander  Henry  was  much  concerned  in  February,  1806,  when  he  heard 
of  Lieut.  Zebulon  Montgomery  Pike's  expedition,  which  was  then  at  Leech 
Lake,  understanding  that  it  was  proposed  to  force  the  traders  to  pay  duties  on 
the  goods  used  by  them  in  trade  in  United  States  territory. 

The  population  of  the  Red  River  country  in  1805  is  given  by  Henry  as 
seventy-five  white  men,  forty  women,  mixed-blood,  and  sixty  children,  mixed- 
blood.  The  women  were  the  wives  of  the  traders  and  their  men,  all  Indian  and 
mixed-bloods,  and  the  children  were  all  mi.xed-bloods,  although  returned  as 
whites. 

The  Indian  population  was  given  as  160  men,  190  women  and  250  children. 

FIRST    FAMILY    NAMES 

The  family  names  of  nearly  every  mixed  blood  family,  now  or  recently 
residing  in  the  Turtle  Mountains,  may  be  found  among  the  employees  of  the 
several  fur  companies  operating  on  the  Red  River  or  in  that  region.  Among 
those  mentioned  by  Alexander  Henry  in  connection  with  the  fur  trade  in  the 
Red  River  country  are  the  following: 

Francois  Allaire,  Michel  Allaire,  Michel  Allary,  Francois  Amiot,  Antoine 
Azure,  Joseph  Azure,  Alexis  Bercier,  Joseph  Bercier,  Antoine  Bercier,  Joseph 
Boisseau,  Francois  Boucher,  Louis  Brozzeau,  Augustin  Cadotte,  Michel  Cadotte, 
Murdoch  Cameron  Duncan  Cameron,  Antoine  Dubois,  Francois  Dubois,  Nich- 
olas Ducharme,  Pierre  Ducharme,  Pierre  Falcon,  Michel  Fortier,  Pierre  Fortier 
Jacques  Germain.  .St.  Joseph  Germain,  Antoine  Gingras,  Jean  Baptiste  Godin, 
Louis  Gordon,  Alphonso  Goulet,  Jacques  Goulet.  Jean  Baptiste  Goulet,  Francois 
Hamel,  Francois  Henry,  Francois  Houle,  Jerome  Jerome,  Francois  Langie, 
Jacques  Laviolette,  Jean  Baptiste  Lemay,  Louis  Lemay,  Pierre  Lemay,  Duncan 
McGillis,  Hugh  McGillis,  Alexander  McKay,  Alexis  McKay,  Ambrose  Mar- 
tineau,  Fly  Norbert,  Alexis  Plante,  Joseph  Plante,  Augustin  Poisier,  Andrew 
Poitras,  Duncan  Pollock,  Joseph  Premeau,  John  Roy  Ross,  Augustin  Ross,  Jean 
Baptiste  Ross,  Vincent  Ross,  John  Sayers,  Angus  Shaw,  Alex  Wilkie. 

January  i,  1805,  Mr.  Henry  learned  of  the  consolidation  of  the  North-West 


48  HISTORY  OF  NORTH  DAKOTA 

Company  and  the  X.  Y.  Company,  and  gave  the  following  as  his  views  of  the  exist- 
ing conditions : 

"It  certainly  was  high  time  for  a  change  on  this  river.  The  country  being 
almost  destitute  of  beaver  and  other  furs,  and  the  Indians  increasing  in  number 
daily  from  Red  Lake  and  the  Fond  du  Lac  country.  The  X.  Y.  had  been  lavish 
of  their  property,  selling  very  cheap,  and  we,  to  keep  the  trade  in  our  hands,  had 
been  obliged  to  follow  their  example.  Thus  by  our  obstinate  proceedings  we 
had  spoiled  the  Indians.  Every  man  who  had  killed  a  few  skins  was  considered 
a  chief  and  treated  accordingly;  there  was  scarcely  a  common  buck  to  be  seen; 
all  wore  scarlet  coats,  had  large  kegs  and  flasks,  and  nothing  was  purchased  by 
them  but  silver  works,  strouds  and  blankets.  Either  every  other  article  was  let 
go  on  debts  and  never  paid  for,  or  given  gratis  on  request.  This  kind  of  com- 
merce had  ruined  and  corrupted  the  natives  to  such  a  degree  that  there  was  no 
bearing  with  their  insolence.  If  they  misbehaved  at  our  houses  and  were  checked 
for  it,  our  neighbors  were  ready  to  approve  their  scoundrelly  behavior,  and 
encourage  them  to  mischief,  even  offering  them  protection  if  they  were  in  want 
of  it.  By  this  means  the  most  notorious  villains  were  sure  of  refuge  and  resource. 
Our  servants  of  every  grade  were  getting  extravagant  in  their  demands,  indolent, 
disaffected  toward  their  employers  and  lavish  wdth  the  property  committed  to 
their  charge.  I  am  confident  that  another  year  could  not  have  passed  without 
bloodshed  between  ourselves  and  the  Saulteurs." 

In  May,  following  the  consolidation  of  the  two  fur  companies,  the  Indians 
were  encamped  about  the  fort  drinking,  when  one  Indian  stabbed  another  to 
death.  The  murdered  man  left  five  children  and  the  scene  at  his  burial  was 
heartrending.  In  the  carousals  that  followed  a  son  of  Net-no-kwa,  the  foster 
mother  of  John  Tanner,  the  "White  Captive,"  had  his  face  disfigured  for  life, 
and  another  Indian  who  came  to  his  relief  met  the  same  fate. 

HENRY    SUFFERS    FROM    THE   SIOUX 

July  3,  1805,  a  large  body  of  Sioux  fell  upon  a  small  camp  of  Henry's  Indians 
on  the  Tongue  River,  and  killed  or  carried  ofif  as  prisoners  fourteen  persons — 
men,  women  and  children.  Henry's  father-in-law  was  the  first  one  killed.  His 
mother-in-law  reached  the  woods  in  safety,  but  finding  that  one  of  the  younger 
children  had  been  left  by  the  young  woman  in  whose  charge  it  was  placed,  she 
kissed  the  older  children  and  went  back  for  that  one.  She  recovered  the  child, 
but  was  stricken  down  by  the  Sioux.  Springing  to  her  feet  she  drew  a  knife  and 
plunged  it  into  the  neck  of  her  antagonist,  but  others  coming  up,  she  was  dis- 
patched. 

All  of  the  bodies  of  the  dead  were  shot  full  of  arrows.  The  skull  of  Henry's 
father-in-law  was  carried  away  for  a  drinking  cup,  and  indignities  perpetrated 
on  other  bodies  too  horrible  to  descrilie. 

TRI.\L   OF   THE    NEW    POLICY 

From  the  time  of  the  consolidation  of  the  companies  there  was  a  change  in 
policy — a  change  in  the  grade  and  strength  of  the  liquors  sold  to  the  Indians,  and 
in  the  profits,  which  were  greater,  and  f  rnni  that  time  on  there  were  no  presents, 


rhotos  by  D.  F.  BaJTj'.  Superinr.  Wis. 

Chief  Gaul 
Rain-in- the-Face 


Sitting  Bull 
Bull  Head 


NOTED  SIOUX 


HISTORY  OF  NORTH  DAKOTA  49 

and  no  liquor  given  to  induce  trade,  but  an  amicable  arrangement  was  made 
between  the  North-West  and  Hudson's  Bay  companies  whereby  strife,  for  a 
while,  ceased,  and  the  Indians  were  obliged  to  pay  for  whatever  they  received. 
But  this  happy  condition  did  not  continue  to  exist,  as  we  shall  see  later.  It  was 
bad  enough  before. 

October  6,  1805,  the  Hudson's  Bay  Company  built  their  new  post  at  Pembina, 
and  Alexander  Henry,  in  carrying  out  the  new  policy,  immediately  made  a  divi- 
sion of  the  Indians,  giving  the  Hudson's  Bay  Company,  Tabishaw  and  other 
troublesome  Indians  among  their  portion,  and  thereupon  refused  to  make  the 
usual  distribution  of  liquors ;  being  determined  that  they  should  not  taste  a  drop 
while  they  lay  around  the  fort  idle,  but  gave  them  credit  for  many  necessary 
articles.  Some  flattered,  some  threatened,  and  others  caressed  him;  still  others 
declared  that  they  would  not  hunt,  but  to  no  purpose,  they  were  still  refused. 
"With  no  X.  Y.  to  spoil  and  support  them  in  idleness,  we  obliged  them  to  pay 
their  debts,"  wrote  Mr.  Henry,  "and  not  a  drop  was  given  them  at  the  fort." 

CH.\NGE    IN    MANAGERS 

Mr.  Henry  was  succeeded  for  a  short  time  at  Fort  Pembina  by  Mr.  Charles 
McKenzie,  and  then  by  Mr.  John  Wills.  John  Tanner  in  his  Narrative  says, 
relative  to  his  experience  with  the  latter,  that  Mr.  Wills  called  the  Indians 
together,  and  giving  them  a  ten-gallon  keg  of  rum  and  some  tobacco,  told  them 
that  thereafter  he  v/ould  not  credit  them  to  the  value  of  a  needle,  but  would  give 
them  whatever  was  necessary  for  their  convenience  and  comfort  in  exchange 
for  whatever  they  had  to  sell.  He  not  only  refused  them  credit,  but  in  many 
instances  abused  the  Indians  for  asking  it.  Tanner  was  ordered  away  from  the 
fort  because  he  asked  for  the  accommodation  which  had  hitherto  been  extended 
him,  and  in  his  distress  for  the  necessaries  of  life,  he  went  to  the  Hudson's  Bay 
Company's  agent,  and  was  given  the  credit  desired. 

When  he  brotight  in  his  peltries  Mr.  Wills  forcibly  took  possession  of  them, 
and  threatened  to  kill  him  when  he  demanded  them,  and  did  draw  a  pistol  on 
him  when  he  came  to  recover  them  and  turn  them  over  to  the  Hudson's  Bay 
Company,  pursuant  to  his  agreement. 

OUTLYING    POSTS    WITHDRAWN 

The  winter  of  1805-06  the  opposition  having  dropped  out,  there  was  no  longer 
reason  to  keep  up  outlying  posts.  Henry's  return  of  the  catch  at  Fort  Pembina 
that  season  embraced  776  beaver  skins,  74  bear,  533  wolf,  276  fox,  63  raccoon, 
140  fisher,  102  otter,  271  marten  and  141  mink. 

One  year  later  the  Hudson's  Bay  Company  reestablished  its  trading  house  at 
Pembina,  in  charge  of  Hugh  Heney.  who  arrived  at  the  post  September  12,  1807, 
with  two  boats  from  Hudson  Bay  for  the  Hudson's  Bay  Company.  Mr.  Heney 
extended  the  usual  credits  to  worthy  Indians,  notwithstanding  the  previous  under- 
standing with  Alexander  Henry.  The  population  of  the  Red  River  country  in 
1807,  not  in  the  employ  of  the  fur  companies,  aside  from  Indians,  numbered 
forty-five,  known  as  "freemen." 

On  September  12,  1807,  the  post  at  Grand  Forks  was  reestablished  by  Alex- 

Vol.  1—4 


50  HISTORY  OF  NORTH  DAKOTA 

ander  Henry's  sending  his  cousin,  William  Henry  and  seven  men  there  from 
Fort  Pembina.  A  week  later,  on  September  19th,  Hugh  Heney  sent  a  boat  and 
a  skiff  and  six  men  to  Grand  Forks  to  establish  a  Hudson's  Bay  Company  post 
at  that  point. 

AN.^RCHY   AND   HOSTILITY 

The  spring  of  1808  opened  at  Fort  Pembina  upon  scenes  brutal  and  lawless 
in  the  extreme,  but  so  familiar  had  these  crimes  become  to  Alexander  Henry 
that  in  his  journal  he  briefly  alludes  to  the  murder  of  an  Indian  by  his  wife,  and 
to  a  disturbance  on  that  day,  when  the  Indians  in  camp  at  the  fort  used  some 
kegs  of  high  wines  that  had  been  given  them  by  William  Henry,  then  in  charge 
of  the  fort,  and  as  a  parting  treat  a  ten-gallon  keg  of  alcohol,  gratis. 

Chief  Porcupine's  son  was  murdered,  receiving  fifteen  stabs  from  a  relative, 
and  Mr.  Henry  observes :  "Murders  among  these  people  are  so  frequent  that 
we  pay  little  attention  to  them.     The  only  excuse  is  that  they  were  drunk." 

A    NIGHT    ATTACK 

The  fort  at  Pembina  was  attacked  by  a  party  of  200  Sioux  at  midnight  of 
July  22,  1808.  There  were  then  twenty-two  men  bearing  arms,  fifty  women  and 
many  children  encamped  in  the  vicinity. 

Alexander  Henry  defended  the  fort  with  the  men  encamped  outside,  nine 
men  inside,  and  a  mortar  loaded  with  one  pound  of  powder  and  thirty  balls, 
which  had  recently  been  added  to  the  equipment. 

At  the  hour  of  attack  the  Indians  had  been  drinking  heavily,  and  were  gen- 
erally asleep  in  their  tents.  Their  arms  were  in  the  fort  and  the  gates  were 
closed,  but  when  roused  they  clambered  over  the  stockade  and  secured  their 
arms,  hurrying  the  women  and  children  into  the  fort. 

The  piece  when  in  action  was  aimed  in  the  direction  where  the  Sioux  could 
be  plainly  heard  addressing  their  men.  and  no  such  noise  as  its  roar  had  ever 
been  heard  on  the  Red  River  before.  The  balls  clattered  through  the  tree  tops 
and  some  took  effect,  for  the  lamentations  of  the  Sioux  for  their  fallen  comrades 
could  be  distinctly  heard. 

For  a  few  moments  only  the  firing  continued  and  the  Sioux  were  next  heard 
at  some  distance,  then  farther  ofif,  farther  and  farther.  .About  sunrise  they  could 
be  dimly  discerned  filing  away  to  the  southward. 

Their  pursuers  found  the  stain  of  blood  where  the  Sioux  were  first  heard,  and 
evidence  of  a  hasty  retreat.  On  the  spot  where  they  put  on  their  war  bonnets 
and  adjusted  their  accoutrements,  making  ready  for  the  assault,  upwards  of  one 
hundred  old  shoes  were  found ;  also  some  scalps,  remnants  of  leather  and  bufi'alo 
robes,  saddle  cloths,  pieces  of  old  saddles,  paunches  and  bladders  of  water  for 
their  journey — and  a  lone  grave  on  the  prairie  where  one  of  their  dead  had  been 
left.    The  loss  at  the  fort  was  one  dog  killed  by  the  Sioux  shots. 

POSTS  ON  THE  RED  RIVER 

The  furs  sent  from  the  Red  River  posts  in  1808  included  696  beaver  skins.  161 
black  bear,  956  marten,  196  mink,  168  otter,  118  fisher.  46  raccoon.     There  were 


THE  STEAMER  YELLOWSTONE  ASCEXDIXG  THE  MISSOURI  RIVER  IN  1833 

From  a   painting  by  Cliarles   Bodmer   from   "Travels   to  tlie  Interior  of  North   America   in 

1832-3-4,"   by   Maximilian,   Prince   of   Wied.    1843. 


SNAGS,  SUNKEN  TREES,  ON  THE  MISSOURI 

From   a   painting   by   Charles   Bodmer   from   "Travels   to   the   Interior   of   Nortli   America   in 

1832-3-4,"   by   Maximilian,   Prince   of   Wied,   1843. 


HISTORY  OF  NORTH  DAKOTA  '  '         51 

also  shipped  3,159  pounds  of  maple  sugar.  The  provisions  consumed  at  Fort 
Pembina  by  the  party  of  that  year,  consisted,  among  other  things,  of  147  buffalo 
(63,000  pounds),  6  deer,  4  bears,  775  sturgeon  (weighing  from  50  to  150  pounds 
each),  1,150  other  fish,  140  pounds  of  pounded  meat  and  325  bushels  of  potatoes. 

Alexander  Henry  was  ordered  August  3,  iSoS,  to  the  Saskatchewan,  to  take 
charge  of  that  district  (where  he  lived  three  years)  and  in  a  few  days  bade  fare- 
well to  the  Red  River,  after  sixteen  winters  among  the  Chippewa. 

He  was  drowned  in  the  Columbia  River  near  St.  George,  May  22,  1814,  on 
the  way  in  a  small  boat  from  St.  ( ieorge  to  board  a  vessel  called  the  Isaac  Tod, 
which  lay  at  anchor  outside  the  bar  at  the  mouth  of  the  river. 

The  post  at  Pembina,  seized  by  Governor  Robert  Semple,  ]\Iarch  30,  1816, 
was  maintained  until  1823.  Charles  Hesse  and  Alexander  Fraser  were  there 
when  it  Vias  taken  over  by  the  Hudson's  Bay  Company. 

CH.ARLES    HESSE 

Charles  Hesse  was  a  clerk  in  the  employ  of  the  Xorth-West  Company  at 
Grand  Portage  in  1779,  and  is  mentioned  in  connection  with  Red  River  matters 
by  Henry,  October  16,  1801,  when  he  and  his  young  wife  arrived  at  Red  Lake. 
On  Februarj'  22,  1804,  they  went  to  Red  Lake  for  maple  sugar.  September  i8th 
Hesse  left  Pembina  with  eight  men  to  reestablish  the  post  at  Park  River,  which 
was  accomplished  the  first  of  October.  At  the  same  time  Augustin  Cadotte 
reopened  trade  at  Salt  River,  to  oppose  the  X.  Y.  Company. 

In  one  of  the  battles  between  the  Siou.x  and  Chippewa  Hesse's  property  was 
destroyed  and  all  his  family  were  killed,  except  a  daughter,  who  was  taken  pris- 
oner by  the  Sioux.  Hesse  invaded  the  camp  alone  in  the  hope  of  effecting  her 
rescue,  and  the  Sioux  had  such  great  admiration  for  his  bravery  that  they  gave 
him  an  opportunity  to  redeem  her.  He  succeeded  in  raising  a  considerable  sum 
for  that  purpose  from  his  fellow  traders,  but  his  daughter  refused  to  go  with 
her  white  father,  preferring  her  dusky  Sioux  warrior  who  had  treated  her  kindly. 

E-XRl,"!-    TR.M-FIC    ON    THE    RED    RIVER 

There  was  traffic  of  considerable  importance  on  the  Red  River  in  these 
early  days.  Some  of  the  ladings  by  the  North-West  Company  from  Pembina 
in  1808,  bound  for  the  mouth  of  the  Assiniboine  and  Mouse  rivers,  were  as 
follows : 

A  long  boat — Angus  McDonald,  Charles  Larocque.  Pierre  ]\lartin,  Jean  Bap- 
tiste  Lambert,  282  bags  of  pemmican,  i  bag  potatoes,  42  kegs  of  grease,  2  kegs 
of  gum,  224  pieces,  2  pair  of  cart  wlieels,  i  leather  tent,  I  oilcloth  tent,  i  cow 
(buffalo,  slaughtered),  bark  and  wattap  (for  repairing  canoe). 

A  boat — Joseph  Lambert,  Pierre  Vandle,  .\ntoine  Lapointe,  2  kegs  of  gum, 
5  kegs  of  grease,  107  pieces,  i  bag  potatoes,  i  pair  cart  wheels,  i  leather  tent. 
I  oilcloth  tent,  i  cow. 

A  Lake  Winnipeg  canoe — Houle  (may  be  Francois)  Charbonneau,  Fleury, 
Su])rennant,  21  bags  pemmican.  i  keg  of  potatoes.  3  kegs  of  grease,  24  pieces, 
1   buffalo. 


52  HISTORY  OF  NORTH  DAKOTA 

A  canoe — Andre  Beauchemin,  Joseph  Bourree,  20  packs,  W.  W.  2,  13  bags 
of  pemmican,  i  bag  of  potatoes,  3  kegs  of  grease,  36  pieces,  i  buffalo. 

A  canoe — Angus  Brisbois,  Jean  Baptiste  Larocque,  Jean  Baptiste  Demerais, 
20  packs,  W.  W.  2,  9  taureaux,  3  kegs  or  grease,  2  bags  of  potatoes,  ;i2  packs 
and  McD.'s  baggage,  2  bales  of  meat,  i  buffalo. 

A  canoe — Louis  Demerais,  Joseph  Plante,  Cyrile  Paradis,  Michael  Damp- 
house,  10  packs,  W.  W.  2,  2  kegs  of  grease,  2  bags  of  potatoes,  12  pieces  and 
Henry's  baggage,  2  buffalo  and  4  bales  of  meat. 

L.  L.  canoe — Charles  Bottineau,  Jervis  (Gervais)  Assiniboine,  22  kegs  of 
grease,  1  bag  of  potatoes,  10  bags  of  potatoes.  32  pieces,  i  buffalo. 

S.  canoe — Antoine  Larocque,  Bonhomme  iNIenteur,  10  kegs  of  grease,  i  bag 
potatoes,  I  cow. 


CHAPTER  V 
THE  LOUISIANA  PURCHASE 

EVENTS    LEADING   UP    TO   THE   PURCHASE — DISCOVERY    AND    ACQUISITION    OF    LEWIS 

AND  CLARK THE  JUNE  RISE  IN   THE   MISSOURI   RIVER THE  ARIKARA  VILLAGES 

— GREAT  HERDS  OF  BUFFALO,  ELK  AND  OTHER  GAME MANDAN  VILLAGES FORT 

MANDAN THE     WINTER     OF     1804-O5     IN      NORTH     DAKOTA THE     BEAUTIFUL 

NORTHERN    LIGHTS — VISITINg' TRADERS — SACAJAWEA,    THE    BIRD-WOMAN THE 

MISSOURI    FLTR   COMPANY THE   RETURN    OF   THE    MANDAN    CHIEF. 

"Though  watery  deserts  hold  apart 

The  worlds  of  east  and  west, 
Still  beats  the  self-same  human  heart 
In  each  proud  nation's  breast." 

— Oliver  Wendell  Holmes. 

DISCOVERY  AND  ACQUISITION 

The  Mississippi  River  was  discovered  by  Fernando  de  Soto,  a  native  of  Spain 
who  in  1519,  accompanied  the  governor  of  Darien  (now  Panama)  to  America, 
leaving  his  service  in  1528,  to  explore  the  coast  of  Guatemala  and  Yucatan  in 
search  of  a  passage  between  the  Atlantic  and  Pacific  oceans.  After  explorations 
and  military  service  under  Pizarro  in  Peru,  early  in  April,  1538,  he  undertook 
the  conquest  of  Florida,  then  a  vast  region  under  the  Emperor  Charles  V  of 
Spain,  sailing  with  a  large  expedition,  and  arriving  at  Tampa  Bay,  then  called 
Espiritu  Santo,  May  25,  1539.  Seeking  gold  he  explored  the  rivers  of  Florida, 
contending  with  Indians  and  pestilential  fever,  and  marched  to  the  northwest 
and  reaching  the  Mississippi  River  in  the  spring  of  1541,  he  marched  southwest 
and  northwest  in  his  discoveries,  and  to  the  White  River,  his  western  limit,  then 
proceeding  south  in  March  and  April,  1542,  along  the  Washita  to,  and  follow- 
ing, the  banks  of  the  Mississippi,  during  May  or  June,  he  contracted  the  fever 
and  died  at  the  age  of  forty-six.  His  body  wrapped  in  a  mantle  was  buried  in 
the  stream. 

Spaniards  have  the  reputation  of  being  unsuccessful  colonizers  and  de  Soto's 
followers  were  no  exception  to  the  rule.  A  statement  in  verse  by  Prof.  William 
P.  Trent,  in  1898,  accurately  describes  the  quality  of  their  policy,  and  its  results : 

"Thine  hour  has  come :  a  stronger  race 
Succeeds  and  thou  must  fall. 
Thy  pride  but  adding  to  thy  sad  disgrace, 
As  wormwood  unto  gall. 
53 


54  HISTORY  OF  NORTH  DAKOTA 

And  yet  thou  hast  but  reaped  what  thou  hast  sown, 

For  in  thy  pride  of  strength, 
Thou  didst  the  kingdom  of  the  mind  disown, 

And  so  art  sunk  at  length." 

In  the  seventeenth  century,  Robert  Cavaher  Sieur  de  La  Salle,  emigrant  from 
France  to  Canada  in  1666,  and  founder  of  La  Chine,  in  1669,  was  leader  of  an 
exploring  expedition  to  the  head  of  Lake  Ontario  and  subsequently  to  the  Ohio 
River  and  down  that  river  to  the  site  of  the  present  City  of  Louisville. 

In  the  autumn  of  1674,  he  went  to  France,  and  as  the  result  obtained  a  grant 
of  Fort  Frontenac  and  the  settlement  May  13,  1675.  In  1678,  having  estab- 
lished in  Canada  a  center  for  the  fur  trade  of  French  and  Indian  settlers  in 
opposition  to  another  organization,  he  obtained  permission  from  the  French 
government  to  carry  on  western  explorations  for  five  years,  to  establish  po.sts 
and  have  exclusive  control  of  the  trade  in  buffalo  skins,  exception  being  made 
to  trade  with  the  Ottawas  who  disposed  of  their  furs  in  Montreal. 

In  this  voyage  of  discovery,  with  a  company  of  about  thirty  men,  he  sailed 
for  La  Rochelle,  July  14th,  and  having  established  a  post,  and  near  the  mouth 
of  the  Niagara  River,  built  a  boat  of  55  tons,  called  the  "Grift'on,"  in  August, 
1679.  set  out  on  his  expedition,  passing  through  Lakes  Erie,  St.  Clair,  Huron 
and  Michigan  to  Green  Bay,  thence  in  canoes  to  the  mouth  of  the  St.  Joseph's 
River,  where  he  established  a  trading  post  called  Fort  Miami,  then  ascending 
the  St.  Toseph's,  he  crossed  to  the  Kankakee  and  sailed  down  until  he  reached  a 
village  of  the  Illinois,  with  whom  he  treated  and  in  January,  1680,  having  partly 
built  a  post  near  the  present  site  of  Peoria,  called  Fort  Crevecoeur,  he  retraced 
his  steps  to  Canada  from  the  mouth  of  the  St.  Joseph's,  striking  across  Michigan, 
made  his  way  overland  to  Lake  Erie,  and  then  to  his  post  at  Niagara.  There  he 
assembled  another  party  and  set  out  again  for  Fort  Crevecoeur  with  supplies, 
but  finding  the  fort  abandoned  he  explored  the  Illinois  River  to  its  mouth.,  and 
returned  for  recruits  and  supplies.  December  21,  1681,  he  started  with  a  party 
from  Fort  Miami,  ascended  the  Chicago  River,  crossed  to  the  Illinois  and 
descended  to  the  Mississippi,  and  camping  with  the  Indians  kept  on  until  the 
river  divided,  exploring  each  channel  to  the  Gulf  of  Mexico,  and  on  April  9, 
1682,  erected  a  cross  and  a  monument  bearing  the  arms  of  France  and  the  inscrip- 
tion:  "Louis  the  Great,  King  of  France  and  of  Navarre,  Reigns  This  Ninth  of 
April,  1682."  at  the  mouth  of  the  Mississippi,  and  ran  up  the  French  flag, 
taking  formal  possession  of  the  country  tlirough  which  the  river  flowed.  The 
chanting  of  the  Te  Deum,  the  Exaudiat  and  the  Dominc  Salvum  fac  Regem,  was 
included  in  the  exercises,  which  closed  with  the  firing  of  a  salute  and  cries  of 
"\'ive  le  Roi." 

Possession  was  proclaimed  in  the  following  words  as  translated  for  Sparks' 
Life  of  La  Salle: 

"In  the  name  of  the  most  high,  mighty,  invincil)lc  and  victorious  prince, 
Louis  the  Great,  by  the  grace  of  God,  King  of  France  and  of  Navarre,  four- 
teenth of  that  name,  this  ninth  day  of  April,  1682,  I,  in  virtue  of  the  coiumis- 
sion  of  His  Majesty,  which  I  hold  in  my  hand,  and  which  may  be  seen  by  all 
whom  it  may  concern,  have  taken,  and  do  now  take  in  the  name  of  His  Majesty 
and  of  his  successors  to  the  crown,  possession  of  this  country  of  Louisiana,  the 
seas,  harbors,  ports,  bays,  adjacent  straits,  and  all  the  nations,  people,  provinces. 


SEVEN  BEARS  AT  THE  KIVER 
From  ])aiiiting  by  E.  W.  Demiiig,  illustrating  an  incident  mentioned  by  Captain  Henrj',  ISOl. 


THE  WOUNDED  BEAR 

From  painting  by  E.  W.  Deming,  illustrating  an  incident  mentioned  by  Captain  Henry,  1801. 


HISTORY  OF  NORTH  DAKOTA  53 

cities,  towns,  villages,  mines,  minerals,  fisheries,  streams  and  rivers,  comprised 
in  the  extent  of  said  Louisiana,  from  the  mouth  of  the  great  river  St.  Louis 
on  the  eastern  side  otherwise  called  Ohio,  Aligin,  Sipore  or  Chukagona,  and  this 
with  the  consent  of  the  Chaonanons,  Chickachas  and  other  people  dwelling 
therem,  with  whom  we  have  made  alliance,  as  also  along  the  river  Colhert,  or 
Mississippi  and  rivers  which  discharge  themselves  therein,  from  its  source, 
beyond  the  country  of  the  Kious  or  Nadoucessious,  and  this  with  their  consent, 
and  v.'ith  the  consent  of  the  Motantes,  Illinois,  Mesiganeas,  Natches,  Koreas, 
which  an:  the  most  considerable  nations  dwelling  therein,  with  whom  also  we 
have  made  alliance,  either  by  ourselves  or  by  others  in  our  behalf,  as  far  as  its 
mouth  by  the  sea  or  Gulf  of  Mexico,  about  the  twenty-seventh  degree  of  the  ele- 
vation of  the  North  Pole  and  also  to  the  mouth  of  the  River  of  Palms;  upon 
the  assurance  which  we  have  received  from  all  these  nations  that  we  are  the 
first  Europeans  who  have  descended  or  ascended  the  said  River  Colbert ;  hereby 
protesting  against  all  who  may  in  future  undertake  to  invade  any  or  all  of  these 
countries,  people  or  lands,  above  described,  to  the  prejudice  of  the  rights  of  His 
Majesty,  acquired  by  the  consent  of  the  nations  therem  named.  Of  which,  and 
all  that  can  be  needed,  I  hereby  take  to  witness  those  who  hear  me  and  demand 
an  act  of  the  notary  as  required  by  law." 

Sixain  was  then  in  possession  of  the  Floridas  and  of  the  country  west  of 
Louisiana,  which  territory  embraced  all  of  the  country  lying  between  the  AUe- 
ghanies  and  the  Rocky  Mountains,  drained  by  the  streams  entering  the  Gulf  of 
Mexico,  and  their  tributaries.  It  embraced  West  Virginia,  part  of  Pennsyl- 
vania, North  Carolina  and  Georgia  on  the  east,  and  parts  of  Montana,  Wyoming 
and  ('olorado  on  the  west,  and  all  of  the  present  states  of  Iowa,  Missouri, 
Arkansas,  Louisiana,  Oklahoma,  Kansas,  Nebraska  and  South  Dakota  and  parts 
of  North  Dakota,  New  Mexico  and  Texas. 

On  La  Salle's  way  back  to  Canada,  he  laid  the  foundations  of  Fort  St. 
Louis  on  the  Illinois,  and  in  November,  1683,  reached  Quebec.  He  then  pro- 
ceeded to  France  and  proposed  the  settlement  of  the  Mississippi  region  and 
the  conquest  of  the  mining  country  of  Mexico  then  held  by  Spain,  and  April 
14,  1684,  he  was  appointed  commandant  of  all  the  country  from  Fort  St.  Louis 
to  the  mouth  of  the  Mississippi.  He  then,  on  August  ist,  headed  an  expedition 
of  four  ships  with  280  colonists  to  go  by  sea  to  the  Gulf  of  Mexico,  stopping  at 
Santo  Domingo,  but  they  passed  the  mouth  of  the  Mississippi,  early  in  January, 
1685,  and  landed  at  the  entrance  of  Matagorda  Bay,  where  he  built  a  fort,  called 
St.  Louis,  and  made  an  attempt  at  settlement,  but  it  was  savagely  attacked  by 
the  Indians  and  Spanish,  who  claimed  the  country,  and  it  proved  a  failure. 
January  7,  1687,  he  undertook  to  make  his  way  back  to  the  Illinois,  and  on  March 
19th,  was  shot  and  killed  in  a  revolt  of  his  men. 

I.I.MITS    AND    TR.\N.SFER 

The  line  defining  the  drainage  basin  of  the  Mississippi  River  on  the  west 
constituted  the  limits  of  "Louisiana"  as  proclaimed  by  La  Salle,  and  was  adopted 
as  the  "Louisiana  Purchase."  The  River  Palms  which  was  the  eastern  limit  of 
Louisiana,  flows  into  Palm  Sound,  now  called  Sarasota  Bay,  its  mouth  being 
opposite  the  southern  extremity  of  Palm  Island,  now  called  Sarasota  Key. 


56  HISTORY  OF  NORTH  DAKOTA 

The  first  transfer  relative  to  the  Territory  of  Louisiana  was  a  grant  of  com- 
mercial rights  as  far  north  as  the  Illinois  River  for  a  period  of  ten  years  by 
Louis  XIV  to  Antoine  de  Crozat,  September  14,  171 2,  subsequently  transferred 
to  the  Mississippi  Company,  and  the  entire  region  known  under  the  name  of 
Louisiana  together  with  New  Orleans  and  the  island  on  which  that  city  stands 
was  ceded  to  Spain  by  treaty  of  November  3,  1762.  Then  representatives  of 
France,  Spain,  Great  Britain  and  Portugal  met  at  Paris,  February  10,  1763,  to 
define  the  boundaries  of  their  respective  possessions  in  North  America,  and 
France  ceded  to  Great  Britain  the  territory  east  of  the  Mississippi  and  north 
of  latitude  thirty-one  degrees,  and  the  Mississippi  became  the  boundary  between 
Louisiana  and  the  British  colonies.  The  Red  River  and  its  tributaries  including 
parts  of  North  Dakota  and  Minnesota  and  the  Canadas  became  the  undisputed 
property  of  Great  Britain.  On  April  21,  1764,  Spain  ceded  to  Great  Britain 
all  of  her  territory  east  of  the  Mississippi  River  and  south  of  latitude  thirty-one 
degrees. 

September  3,  1783,  in  the  settlement  of  boundaries  at  the  close  of  the  Revo- 
lutionary war,  the  LInited  States  received  from  Great  Britain  all  that  part  of  the 
original  Louisiana  ceded  to  the  latter  by  France  in  1763,  viz.,  the  Territory  of 
Louisiana,  east  of  the  Mississippi  River  and  north  of  latitude  thirty-one  degrees, 
and  Great  Britain  ceded  back  to  Spain  the  territory  south  of  latitude  thirty-one 
degrees  and  east  of  the  Mississippi  River,  which  the  former  had  received  by  the 
treaty  of  1763,  effectually  closing  the  Mississippi  to  the  United  States.  Then 
came  the  retrocession  by  Spain  of  the  colony  or  Province  of  Louisiana  to  France 
in  1800. 

October  i,  1800,  by  the  "Treaty  of  San  Ildefonso,"  Spain  retroceded  to 
France  the  colony  or  Province  of  Louisiana,  with  the  same  extent  it  had  when 
France  originally  possessed  it,  south  of  latitude  thirty-one  degrees  and  east  of 
the  Mississippi  River.  This  was  a  secret  treaty  and  Spanish  officers  still  held 
possession. 

April  30,  1803,  for  the  sum  of  $15,000,000,  the  Republic  of  France  ceded  to 
the  United  States  the  Territory  of  Louisiana  with  the  same  extent  that  it  had 
in  the  hands  of  Spain,  and  when  France  possessed  it,  and  the  United  States 
accepted  the  territory  between  the  Mississippi  and  Perdido  rivers.  The  terms 
were  arranged  on  the  part  of  the  L^nited  States  by  James  Monroe,  who  had  been 
a  major  in  the  Revolutionary  war,  afterwards  secretary  of  war  in  ]\Iadison's 
cabinet  during  the  War  of  1812,  and  fifth  President  of  the  United  States.  He 
was  sent  to  France  by  President  Jefferson,  of  whom  George  F.  Hoar,  senator 
from  Massachusetts  said :  "When  we  recall  Jefferson  we  recall  him  with  the 
Declaration  of  Independence  in  one  hand  and  the  treaty  for  the  annexation  of 
the  Louisiana  Territory  in  the  other." 

The  treaty  was  signed  by  Robert  R.  Livingston.  United  States  minister  to 
France  from  1801  to  1804,  and  James  Monroe,  on  the  part  of  the  United 
States,  and  Barbe  IMarbois,  on  the  part  of  France.  Livingston  had  been  instructed 
to  negotiate  for  New  Orleans  and  the  Mississippi  boundary  line:  the  object  of 
the  United  States  Government  being  to  remove  all  cause  for  irritation  between 
this  Government  and  the  French,  but  Napoleon  directed  ^Marbois  to  offer  to 
transfer  the  whole  of  Louisiana.  He  said:  "I  renounce  Louisiana.  It  is  not 
only  New  Orleans  that  I  wish  to  yield,  it  is  all  the  colony,  without  reserving  any- 


HISTORY  OF  NORTH  DAKOTA  5T 

thing."  Provided,  he  could  secure  50,000,000  francs.  He  secured  80,000,000 
francs,  20,000,000  of  which  were  to  be  apphcable  to  the  extinguishment  of 
claims  against  France,  and  60,000,000  were  to  be  paid  in  cash  to  France.  Napo- 
leon was  in  need  of  money,  having  sacrificed  200,000,000  francs  in  his  expedition 
against  Santo  Domingo  in   1802-03,  without  result. 

The  region  comprehended  in  this  purchase  included  all  the  country  west  of 
the  Mississippi  not  occupied  by  Spain,  as  far  north  as  British  Territory,  and  com- 
prised the  whole  or  part  of  the  present  states  of  Arkansas,  Colorado,  Idaho,. 
Iowa,  Kansas,  Louisiana,  Minnesota,  Missouri,  Montana,  Nebraska,  North 
Dakota,  Oklahoma,  South  Dakota,  Washington  and  Wyoming. 

The  American  flag  was  first  raised  in  New  Orleans,  December  20,  1803.  By 
act  of  Congress  March  26,  1804,  the  territory  was  divided  into  two  govern- 
ments, that  of  "Orleans,"  including  the  present  State  of  Louisiana  west  of  the 
Mississippi,  and  a  portion  east  of  the  river,  and  a  section  called  "Louisiana," 
comprising  all  the  country  north  and  west  of  that  river.  April  8,  1812,  the 
Territory  of  Orleans  was  admitted  into  the  Union  under  the  title  of  the  State 
of  Louisiana,  and  on  the  14th  of  the  same  month  the  remainder  of  the  region 
east  of  the  Mississippi  now  under  the  jurisdiction  of  the  state  was  added. 
The  name  of  the  remainder  of  the  territory  which  had  been  organized  as  the 
"Territory  of  Louisiana"  with  its  capital  at  St.  Louis  on  March  3,  1805,  was  on 
the  4th  of  June,   1812,  changed  to  "Missouri." 

On  the  day  of  the  Louisiana  Centennial  Celebration,  April  12,  1912,  the 
courthouse  commissioners  floated  over  the  new  courthouse  in  New  Orleans,  a 
magnificent  Louisiana  flag,  consisting  of  a  solid  blue  field  with  the  coat-of-arms 
of  the  state,  the  pelican  feeding  its  young  in  white  in  the  center,  with  a  ribbon 
beneath,  also  in  white,  containing  in  blue  the  motto  of  the  state,  "Union,  Justice 
and  Confidence."  This  flag  had  been  in  use  previous  to  1861,  and  after  1877, 
but  was  not  legalized  as  the  state  flag  until  July  i,  1912.  Together  with  the 
stars  and  stripes  it  now  waves  over  the  state  house  whenever  the  General 
Assembly  is  in  session,  and  on  public  buildings  throughout  the  state  on  all  legal 
holidays  and  whenever  otherwise  declared  by  the  governor  or  the  General 
.Assembly. 

The  last  conflict  of  arms  between  Great  Britain  and  the  United  States,  closing 
the  War  of  1812,  was  a  great  battle  of  which  Gen.  Andrew  Jackson  was  the 
commanding  oiificer,  fought  at  New  Orleans,  January  8,  1815,  now  a  legal  holiday 
in  Louisiana.  The  British  were  defeated.  Accounts  of  casualties  differ.  Some 
give  the  loss  to  the  British  as  2,000.  killed,  wounded  and  captured,  and  the 
-Americans  as  seven  killed  and  si.x  wounded ;  otherwise  reported  eight  killed  and 
fourteen  wounded.  James  Monroe  in  a  despatch  at  the  time  said :  "History 
records  no  example  of  so  glorious  a  victory  obtained  with  so  little  bloodshed  on' 
the  part  of  the  victorious." 

WESTERN    EXPLOR.^TION 

In.  1776,  John  Ledyard  of  Connecticut,  accompanied  Captain  James  Cook  on 
his  third  voyage  around  the  world,  in  the  hope  of  reaching  the  Pacific  Coast  for 
the  purpose  of  exploration.  Captain  Cook  was  murdered  by  the  natives  of  the 
Sandwich    (now  the  Hawaiian)    Islands,  and  his  expedition  returned  to   Eng- 


58  HISTORY  OF  NORTH  DAKOTA 

land,  but  persisting  in  his  efforts  to  explore  the  Pacihc  Coast,  armed  with 
passports  from  the  Russian  Government,  procured  through  Thomas  Jefferson, 
then  United  States  minister  to  France,  Ledyard,  in  1786,  left  St.  Petersburg, 
intending  to  go  by  land  to  Kamschatka,  cross  on  one  of  the  Russian  vessels  to 
Nootka  Sound,  enter  the  latitude  of  the  Missouri,  and  penetrate  through  to  the 
United  States:  departing  on  his  journey  with  full  assurance  of  protection  while 
passing  through  Russian  territory.  Two  hundred  miles  from  Kamschatka,  he 
went  into  winter  quarters,  and  while  preparing  for  his  journey  the  next  spring, 
he  was  arrested  February  24,  1788,  by  an  officer  of  the  Russian  Government, 
and,  forbidden  to  proceed  on  his  explorations,  was  conveyed  by  day  and  night 
in  a  closed  carriage  direct  to  Poland,  where  he  was  released  and  given  to  under- 
stand that  if  again  found  in  Russian  territory,  he  would  be  hanged.  Broken  in 
health  and  spirits,  he  died  in  Cairo,  Egypt,  January  17,  1789,  at  the  age  of 
thirty-eight.     Many  extracts   from  his  letters  to  Jefferson  have  been  published. 

In  1792,  Thomas  Jefferson,  then  secretary  of  state  in  the  cabinet  of  George 
Washington,  President  of  the  L'nited  States,  proposed  to  the  American  Philo- 
sophical Society  a  subscription  to  engage  some  competent  person  to  explore 
Pouisiana,  by  ascending  the  Missouri  River,  crossing  the  mountains  and  descend- 
ing to  the  Pacific  Coast,  as  Lewis  and  Clark  finally  did. 

Capt.  Meriwether  Lewis  of  the  First  United  States  Infantry,  then  stationed 
at  Charlottesville,  \'a.,  on  recruiting  service  solicited  his  selection  for  this  service. 
Tie  was  to  be  accompanied  by  a  single  person  only,  and  Andre  Michaux,  a  dis- 
tinguished French  botanist,  received  the  apjiointment.  They  went  as  far  as 
Kentucky,  when  the  French  minister  recalled  Michaux,  on  the  plea  that  his 
services  were  required  elsewhere  by  his  government  in  liotanical  research.  Thus 
a  second  attempt  to  explore  Louisiana   failed. 

THE  UNITED  ST-\TES  IN  THE   PURCHASE  OF  LOUISIAXA 

In  1801  Thomas  Teff'erson  was  inaugurated  President  of  the  United  States. 
Spain  had  ceded  Louisiana  back  to  France  and  Napoleon  Bonaparte  was  pre- 
paring to  defend  it  against  the  whole  world,  luit  the  war  clouds  of  Europe  were 
threatening.  Spain  had  denied  to  the  I'nited  States  rights  ])reviously  enjoyed  in 
Louisiana  and  there  was  dissatisfaction  with  France  through  her  attitude  in 
the  Floridas.  The  Mississippi  was  practically  closed  to  the  United  States.  A 
proposition  had  been  submitted  to  the  United  States  Congress,  to  appropriate 
$5,000,000,  and  send  an  army  of  50.000  men  to  seize  the  mouth  of  the  Mississippi 
River.  Robert  R.  Livingston,  United  States  minister  to  France,  was  in  Paris, 
endeavoring  to  arrange  the  matter  amicably  with  the  French.  He  was  joined  by 
James  Monroe,  of  ^'irginia,  commissioned  to  assist  in  the  work,  in  whose  hands 
the  sum  of  $2,000,000  was  placed  to  secure  the  cession  of  New  Orleans  and  the 
Floridas.  While  these  negotiations  were  pending  with  no  apparent  likelihood  of 
success.  President  Jefferson  had  proposed  to  Congress  that  an  expedition  be 
sent  to  trace  the  Missouri  River  to  its  source,  crossing  the  highlands,  and  follow- 
ing the  best  water  communication  to  the  Pacific  Ocean. 

Congress  had  made  this  appropriation,  and  Captain  Lewis,  who  was  then 
President  Jefferson's  private  secretarv-,  had  been  chosen  to  carry  the  plan  into 
effect.      Suddenly    Napoleon's    policy    changed    and    he    demanded    the    L^nited 


HISTORY  OF  NORTH  DAKOTA  59 

States  take  not  only  New  Orleans  and  the  Floridas,  but  the  whole  of  Louisiana, 
and  the  price  finally  agreed  upon  was  80,000,000  francs  (about  fifteen  million 
dollars)  the  French  commissioners  insisting,  however,  that  the  compact  must  be 
signed  and  sealed  without  delay.  The  envoys  assumed  the  responsibility  and 
completed  the  treaty,  which  was  ratified  by  a  vote  of  twenty-four  to  seven  in  the 
L'nited  States  Senate,  October  20,  1803.  The  purchase  price  included  20,000,000 
francs  for  the  payment  of  the  debts  of  the  Louisiana  Province  which  the  United 
States  assumed.  The  total  e.xpense  of  the  purchase  up  to  June  20,  1880.  was 
$27,267,621.  The  population  of  the  ]jrovince  at  the  time  of  the  purchase  did  not 
exceed  go.ooo. 

With  the  conclusion  of  the  treaty.  Napoleon,  who  realized  that  he  must 
lose  this  vast  possession,  was  happy  in  the  thought  that  it  would  not  fall  to 
England,  and  that  he  was  free  to  attack  that  nationality  in  another  direction. 

Greatness  had  been  "thrust  upon''  our  country.  Jefferson  was  perplexed, 
for  he  did  not  believe  that  the  constitution  warranted  this  transaction.  The 
0]jposition  stormed  and  ridiculed.  The  East  was  bitter  in  its  opposition,  but 
those  who  were  pushing  their  way  westward,  knew  there  was  no  longer  danger 
of  attack  upon  our  country  from  the  West.     The  South  rejoiced. 

THE    LEWIS    AND    CL.-\KK    E.VPEDITION 

The  instructions  to  Captain  Lewis  were  signed  June  20,  1803.  It  was  not 
then  known  that  Louisiana  had  been  ceded  to  the  L^nited  States,  though  sicch 
treaty  was  signed  on  the  30th  of  x^pril,  for  the  information  did  not  reach  this 
country  until  about  the  first  of  July.  There  were  no  ocean  liners  in  those  days, 
no  steamships,  no  cables  to  transmit  news  now  flashed  across  an  ocean  or  a  con- 
tinent in  a  moment :  therefore  Captain  Lewis  bore  the  passports  of  both  the 
French  and  English  ministers,  the  latter  for  use  on  the  western  part  of  their 
trip. 

Captain  Lewis  had  been  intimate  with  the  Indians;  he  was  familiar  with 
their  habits  and  customs,  their  hopes  and  fears,  and  the  tender  spots  in  their 
hearts,  and  Jefferson  knew  that  nothing  but  the  impossible  would  divert  him 
from  his  purpose.  He  could  confide  in  his  capacity  and  courage,  for  he  had 
known  him  from  boyhood,  and  for  two  years  had  employed  him  as  his  private 
secretary.  He  caused  him  to  take  special  instruction  on  scientific  subjects  and  to 
make  other  needful  preparation  for  his  work.  His  instructions  required  him 
to  study  the  soil  and  climate,  the  topography,  the  inhabitants,  etc.,  and  urged 
upon  him  the  importance  of  extending  to  the  Indians  the  most  friendly  treat- 
ment. 

Tuly  5,  1803,  Captain  Lewis  left  Washington,  proceeding  to  Pittsburgh,  and 
reaching  St.  Louis  in  December  of  the  same  year,  spent  the  winter  in  furtlier 
preparation  for  work,  at  the  mouth  of  \\'ood  River  on  the  east  side  of  the 
Mississippi   River,   outside  of   the  jurisdiction  of   the   Spanish  officers. 

William  Clark,  a  younger  brother  of  Gen.  George  Rogers  Clark,  was  asso- 
ciated with  Captain  Lewis.  He  had  been  in  the  regular  army,  had  resigned  on 
account  of  ill  health,  and  had  served  as  a  captain  of  militia  His  rank  on  the 
expedition  was  second  lieutenant  of  artillery  until  January  31,  1806,  when  he 
was  promoted  first  lieutenant.     He  was  promised,  however,  before  undertaking 


60  HISTORY  OF  NORTH  DAKOTA 

the  expedition  the  rank  of  captain  of  engineers,  and  was  to  have  equal  rank 
and  authority  with  Captain  Lewis.  He  was  so  recognized  by  Captain  Lewis. 
His  ofificial  signature  was  captain  of  engineers. 

In  addition  to  Captain  Lewis  and  Captain  Clark,  the  party  consisted  of  four- 
teen picked  men  from  the  United  States  army — born  and  bred  among  the 
dangers  and  difficulties  incident  to  frontier  life,  nine  young  men  from  Kentucky, 
two  French  watermen,  an  interpreter,  a  hunter  and  the  colored  servant  of 
Captain  Clark,  named  "York,''  also,  a  corporal  and  six  men  and  nine  water- 
men, who  were  to  return  when  they  reached  the  Mandan  nation. 

Their  means  of  transportation  was  a  keel-boat  fifty-five  feet  long  drawing 
three  feet  of  water.  It  carried  one  large  square  sail  and  twenty-two  oars,  and 
had  a  deck  of  ten  feet  in  the  bow  and  stern,  affording  cabin  and  forecastle. 
Midships  it  was  fitted  with  lockers,  which  might  be  raised  for  breastworks  in  case 
of  need.  There  were,  also,  two  open  boats,  one  of  six  and  the  other  of  seven 
oars. 

After  spending  the  winter  at  Wood  River,  they  broke  camp  May  14,  1804,  at 
4  P.  M.  and  made  four  miles  that  evening,  the  next  day  making  ten  miles,  and 
reached  St.  Charles  the  third  day.  St.  Charles  then  had  about  four  hundred  and 
fifty  inhabitants,  relying  principally  for  stibsistence  upon  hunting  and  trade  with 
the  Indians. 

THE  JUNE  RISE  IN  THE  MISSOURI 

On  the  23rd  they  found  a  small  American  settlement  at  Goodman  Creek,  and 
in  a  few  days  evidently  encountered  the  "June  rise"  in  the  Missouri  River,  for 
they  speak  of  the  cut  banks  of  the  river  falling  so  rapidly  as  to  force  them  to 
change  their  course  instantly  to  the  other  side.  The  sand  bars  were  shifting 
continuously,  and  the  current  was  so  strong,  that  it  was  scarcely  possible  to 
make  any  headway.  Some  days  by  the  aid  of  .the  sail,  even,  it  was  impossible  to 
make  more  than  four  miles. 

The  current  of  the  river  at  the  time  of  the  June  rise  is  about  seven  miles  an 
hour.  The  river  runs  nearly  bank  full  from  the  melting  snows  in  the  mountains, 
and  the  heavy  rains  of  that  season,  and  wherever  the  current  strikes  the  shore  it 
quickly  cuts  away  the  banks,  which  tumble  in ;  several  rods  of  the  bank  often 
disappearing  in  one  day.  The  water  is  extremely  muddy,  but  when  settled  is 
considered  perfectly  pure  and  healthful,  and  is  clear  above  the  mouth  of  the 
Yellowstone  River,  where  that  stream  joins  the  ^Missouri. 

THE    .\RIKAR,\    VILL.^GES 

Lewis  and  Clark  arrived  at  the  three  Arikara  villages  about  three  miles 
above  the  mouth  of  the  Grand  River,  October  8.  1804.  The  villages  extended 
up  the  river  about  four  miles,  and  numbered  about  two  thousand  six  hundred 
men.  The  first  composed  of  about  sixty  lodges,  was  on  an  island  three  miles 
in  length,  covered  with  fields  of  com,  beans,  potatoes  and  squashes.  The  prin- 
cipal chiefs  of  the  first  village  were  Kakawissassa  or  Lighting  Crow,  Pocasse 
or  Hay  and  Piaheto  or  Eagle's  Feather. 

The  chief  of  the  second  village  was  Lassel  and  the  chief  of  the  third  village,. 


^VILLIAM  CLARK 


MEEIWETHER  LEWIS 


HISTORY  OF  NORTH  DAKOTA  61 

Ar-ke-tar-na-shar,  who  accompanied  the  expedition  to  the  Mandan  villages  for 
the  purpose  of  negotiating  a  peace  treaty  between  the  Arikaras  and  Alandans, 
who  were  then  at  war. 

Lewis  and  Qark  met  the  Indians  in  council  at  their  respective  villages,  and 
after  stating  the  object  of  their  visit,  urged  the  importance  of  maintaining  peace 
with  the  Mandans  and  Hidatsas,  especially  in  view  of  the  aggressive  disposition 
■of  the  Sioux.  In  token  of  their  appreciation  of  the  friendly  advice  given  them, 
the  Indians  stipplied  them  liberally  from  their  store  of  corn  and  beans.  They 
also  gave  them  a  quantity  of  large,  rich  beans,  collected  by  the  gophers  ("prairie 
mice"  as  written  in  their  journal),  and  secured  from  their  burrows  by  the 
squaws.  In  return  they  gave  the  Indians  a  steel  corn  mill  and  other  appropriate 
presents. 

Several  Frenchmen  were  living  at  the  Arikara  villages ;  among  them  Joseph 
Gravelines  and  Anthony  Tabeau,  traders,  were  active  in  bringing  the  Indians 
together  for  a  conference  on  October  loth.  Another  meeting  was  held  on  the 
nth  at  the  upper  Arikara  V^illage,  and  another  on  the  12th.  On  the  14th  they 
passed  the  forty-sixth  parallel. 

Gravelines  accompanied  one  of  the  chiefs  to  the  Mandan  villages  in  connec- 
tion with  the  proposed  peace  negotiations,  and  a  peace  treaty  was  finally  arranged 
between  the  Arikaras,  Mandans  and  Hidatsas.  now  known  as  the  Berthold 
Indians,  which  has  been  maintained  between  these  tribes  for  more  than  one 
hundred  years. 

Sergt.  Patrick  Cass,  who  accompanied  the  expedition,  visited  a  large  number 
of  Indian  lodges,  and  in  his  memoirs  left  a  very  interesting  description  of  the 
Arikara  lodge  or  dwelling  house,  as   follows : 

"In  a  circle  of  a  size  suited  to  the  dimensions  of  the  intended  lodge,  they 
set  up  sixteen  forked  posts,  five  or  six  feet  high,  and  lay  poles  from  one  fork 
to  another.  Against  these  poles  they  lean  other  poles,  slanting  from  the  ground 
and  extending  about  four  inches  above  the  cross  poles;  these  are  to  receive  the 
ends  of  the  upper  poles  that  support  the  roof.  They  next  set  up  four  large 
forks  fifteen  feet  high  and  about  ten  feet  apart,  in  the  middle  of  the  area, 
and  poles  or  beams  between  these.  The  roof  poles  are  then  laid  on,  extending 
from  the  lower  poles  across  the  beams,  which  rest  on  the  middle  forks  of  such 
a  length  as  to  leave  a  hole  at  the  top  for  a  chimney.  The  whole  is  then  covered 
with  willow  branches,  except  the  chimney  and  a  hole  below  to  pass  through. 
On  the  willow  branches  they  lay  grass  and  lastly  clay.  At  the  hole  below  they 
build  a  pen  about  four  feet  wide  and  projecting  ten  feet  from  the  hut,  and  hang 
a  buffalo  skin  at  the  entrance  of  the  hut  for  a  door.  This  labor,  like  every  other 
kind,  is  chiefly  performed  by  the  squaws." 

The  ground  on  the  inside  of  the  lodge  was  excavated  for  about  a  foot  and 
a  half  below  the  surface,  and  the  earth  from  the  excavation  was  thrown  up 
against  the  poles,  forming  an  embankment  which  added  to  the  warmth  and 
served  as  a  protection  in  case  of  attack.  The  lodges  were  large  enough  to  admit 
the  horses  belonging  to  the  family,  separated  by  a  partition  from  the  living 
part. 

In  approaching  the  Arikara  villages  the  expedition  had  passed  through  a  long 
strip  of  country  occupied  by  the  Sioux,  who  were  threatening  and  defiant  in  their 
attitude.     Captain  Lewis  in  his  journal,  thus  writes  of  them: 


62  HISTORY  OF  NORTH  DAKOTA 

"Relying  on  a  regular  sujiply  of  merchandise  through  the  channel  of  the  St. 
Peters  (Minnesota)  River,  they  viewed  with  contempt  the  merchants  of  the 
Missouri,  whom  they  never  fail  to  plunder  when  in  their  power.  Persuasion  or 
advice  with  them  is  viewed  as  supplication,  and  only  tends  to  inspire  them  with 
contempt  for  those  who  offer  either.  The  tameness  with  which  the  merchants 
of  the  ]\fissouri  have  hitherto  submitted  to  their  rapacity,  has  tended  not  a  little 
to  inspire  them  with  contempt  for  the  white  persons  who  visit  them  through 
that  channel.  A  prevalent  idea  among  them,  and  one  that  they  make  the  rule 
of  their  conduct,  is  that  the  more  illy  they  treat  the  traders,  the  greater  quantity 
of  merchandise  they  will  bring  them,  and  that  they  will  obtain  the  articles  they 
wish  on  better  terms;  they  have  endeavored  to  inspire  the  Ricaras  (.\rikaras) 
with  similar  sentiments,  but,  happily  without  considerable  ef?ect." 

Yet  the  Sioux  were-  in  the  possession  of  some  good  qualities.  The  late  Gen- 
eral Gouverneur  K.  Warren  served  among  them  as  an  officer  of  the  United  States 
army,  and  knew  them  well,  and  in  his  reports  spoke  kindly  of  them.  In  1855,. 
he  wrote : 

"I  have  always  found  the  Dakotas  exceedingly  reasonable  beings,  with  a  very 
proper  appreciation  of' their  rights.  What  they  yield  to  the  whites  they  expect 
to  be  paid  for,  and  I  have  never  heard  a  prominent  man  of  their  nation  express 
any  opinion  in  regard  to  what  was  due  them  in  which  I  did  not  concur.  Many 
of  them  view  the  extinction  of  their  race  as  the  inevitable  result  of  the  operation 
of  present  causes,  and  do  so  with  all  the  feeling  of  despair  with  which  we  should 
contemplate  the  extinction  of  our  nationality." 

The  Sioux  claimed  a  vast  extent  of  country  and  within  its  limits  were  at 
all  times  ready  to  contend  for  what  they  regarded  their  rights.  .A.mong  the 
characteri.stics  of  the  Sioux  was  their  fondness  for  intoxicating  liquors,  and 
they  would  make  almost  any  sacrifice  to  obtain  it ;  but  of  the  Arikaras  it  was 
said  by  Lewis  and  Clark : 

"We  were  equally  gratified  at  the  discovery  that  the  Ricarees  made  use  of 
no  spirituous  liquors  of  any  kind,  the  example  of  the  traders  who  bring  it  to 
them,  so  far  from  tempting,  having,  in  fact,  disgusted  them.  Supposing  it  was 
as  agreeable  to  them  as  to  other  Indians,  we  had  ofifered  them  whiskey,  but  they 
refused  it  with  the  sensible  remark  that  they  were  surprised  that  the  father 
should  present  to  them  a  liquor  which  would  make  them  fools." 

On  another  occasion  they  observed  that  no  man  could  be  their  friend  who 
tried  to  lead  them  into  such  follies. 

None  of  the  Missouri  River  Indians  were  then  addicted  to  the  use  of  intoxi- 
cating liquors,  excepting  the  Sioux,  who  obtained  it  from  the  British  traders 
on  the  Minnesota  River,  and  the  Assiniboines  who  secured  it  from  the  P>ritish 
traders   on   the   Assiniboine   River. 

The  attitude  of  the  Arikaras  was  friendly,  and  in  speaking  of  the  Sioux  who- 
had  closed  the  way  to  trade  to  them,  forcing  them  to  rely  on  the  Sioux  for 
arms  and  ammunition,  their  principal  chief  said  the  door  to  their  country  was 
now  open  and  no  man  dare  close  it. 

There  were  some  things,  however,  they  believed  to  be  essential  to  their 
happiness.  They  were  poor,  but  they  would  give  anything  for  red  paint.  They 
were  tender-hearted  and  very  proud.  When  one  of  the  soldiers  of  the  expedi- 
tion was  punished  by  whijaping,  an  Indian  chief  cried  aloud  in  agony.     He  said 


HISTORY  OF  NORTH  DAKOTA  m 

his  people  sometimes  exacted  the  penalty  of  death  for  misdemeanors,  but  never 
that  of  being  whipped,  not  even  from  children. 

GREAT   HERDS  OF  BUFFALO 

October  i8th  the  party  reached  Cannonball  River,  and  in  their  journal  great 
herds  of  Inilifalo,  elk,  deer  and  goats  (antelope)  are  noted.  From  one  point  they 
counted  fifty-two  distinct  herds  of  buffalo  and  three  of  elk.  The  great  plains 
surrounding  the  location  of  the  future  City  of  Bismarck  were  literally  covered 
with  Ijuffalo,  elk.  antelope  and  other  game. 

Arriving  at  Sibley  Island  on  the  20th  they  made  note  of  the  deserted  Mandan 
villages  in  the  vicinity  of  Bismarck  and  Mandan,  and  the  old  fortified  village 
about  a  mile  from  the  site  of  the  present  capital  of  North  Dakota.  The  beau- 
tiful plains  and  the  presence  of  coal  near  the  locality  where  Washburn  is  situated 
were  specially  attractive  features. 

The  Mandans  informed  Lewis  and  Clark  that  it  was  about  forty  years  since 
they  left  their  villages  about  Bismarck  and  Mandan,  and  moved  up  to  the- Knife 
River. 

MANDAN   VILLAGES 

October  27,  1804,  they  went  into  camp  for  the  winter  at  a  point  a  short 
distance  below  the  mouth  of  Knife  River,  in  latitude  47  degrees,  21  minutes,  and 
47  seconds,  and  the  computed  distance  from  the  mouth  of  the  Missouri,  1,600 
miles. 

On  the  second  day  after  their  arrival,  an  extensive  prairie  fire  raged  in  the 
vicinity  of  the  Mandan  villages,  resulting  in  several  serious  accidents.  One 
woman,  caught  by  the  fire  with  a  half-white  baby  in  her  arms,  dropped  the 
child  on  the  prairie,  covered  it  with  a  green  or  uncured  bufifalo  skin,  and  made 
good  her  own  escape  from  the  flames.  The  fire  passed  around  the  child,  leaving 
it  uninjured.  The  Indians  accepted  this  incident  as  proof  that  the  whites  were 
good  medicine,  and  this  to  a  large  extent,  accounted  for  their  kindly  disposition 
toward  the  expedition. 

October  29th,  they  had  a  council  with  the  Indians,  and  gave  appropriate 
presents  to  the  chiefs  of  each  village.  To  Black  Cat  the  Grand  Chief,  they  gave 
an  American  flag.         * 

The  chiefs  made  or  recognized  that  day  by  Lewis  and  Clark,  were  as  follows: 

Of  the  first  or  lower  Mandan  village,  situated  on  the  present  site  of  Deapolis, 
then  known  as  Matootonha,  first  chief,  Shahaka  or  Big  White ;  second  chief, 
Ka-goh-ha-mi  or  Little  Raven  ;  inferior  chiefs  were  Ohheena  or  Big  Man,  a 
Cheyenne  captive  adopted  by  the  Mandans,  and  She-ta-har-re-ra  or  Coal. 

Of  the  second  village,  called  Roop-tar-hee,  the  only  one  situated  on  the  north 
side  of  the  Missouri  River,  they  made  Pose-cop-sa-he  or  Black  Cat,  the  first  chief 
of  the  village  and  the  grand  chief  of  the  whole  Mandan  tribe.  His  second  chief 
was  Car-gar-no-mok-she,  or  Raven  Man  Chief ;  the  inferior  chiefs  were  Taw- 
nuh-e-o  Bcl-lar-sara  and  Ar-rat-tana-mock-she,  wolf  man  chief. 

The  third  village  in  the  immediate  vicinity  of  the  present  site  of  Stanton,  was 
called  Mah-har-ha  and  of  this  Ta-tuck-co-pin-re-ha  or  white  bufifalo  robe  un- 
folded, was  the  first  chief,  and  Min-nis-sur-ra-ree,  or  Neighboring  Horse,  and 


64  HISTORY  OF  NORTH  DAKOTA 

Le-cong-gar-ti-bar,  or  Old  Woman  at  a  Distance,  were  recognized  as  inferior 
chiefs. 

Half  a  mile  from  this  village  was  a  Minnetaree  village  called  Me-te-har-tan. 
Of  this  Omp-se-ha-ra,  or  Black  Moccasin,  was  first  chief,  and  Oh-harh,  or  Little 
Fox,  second  chief. 

The  Ahnaways,  called  Souliers  by  the  French,  lived  in  this  village.  They 
merged  with  the  Hidatsas  about  thirty  years  later,  and  have  since  been  recognized 
-as  a  part  of  that  tribe.  The  Souliers  numbered,  at  this  time,  about  50  men,  the 
Hidatsa  .450,  and  the  Mandans  350. 

The  fourth  village  was  called  Me-te-har-tan.  The  principal  chief  was  Mar- 
noh-tah,  or  Big  Thief ;  he  was  at  war  and  was  killed  soon  afterwards. 

The  chiefs  recommended  were  Mar-se-rus-se,  or  Tail  of  the  Calumet  Bird, 
Ea-pa-ne-pa,  or  Two-Tailed  Calumet  Bird,  and  War-ke-ras-sa,  the  Red  Shield. 

The  fifth  or  Hidatsa  village  was  on  the  north  side  of  the  Knife  River,  ij4 
miles  above  its  mouth,  near  Causey.  It  was  the  home  of  Le  Borgne,  Mau-pah- 
pir-re-cos-sa-too,  the  dominating  influence  in  the  Mandan  villages,  but  he  was 
absent  at  the  time  of  the  arrival  of  Lewis  and  Clark.  The  chiefs  recommended 
at  tlie  council  for  recognition  were  Sha-hake-ho-pin-nee,  or  Little  Wolf,  Medi- 
•cine  and  Ar-rat-toe-no-mook-ge,  Man  Wolf  Chief,  who  was  at  war.  He  was 
represented  by  Cal-tar-co-ta,  or  Cherry  on  the  Bush,  by  whom  the  usual  chief's 
presents  were  sent  to  Le  Borgne. 

When  David  Thompson  of  the  North-West  Company  visited  the  Mandan 
villages  in  1796  he  found  in  the  five  villages  318  houses  and  seven  tents.  There 
were  then  two  villages  on  the  north  side  of  the  Missouri  River,  united  in  one 
heiore  the  visit  of  Lewis  and  Clark.  This  village  was  about  three  miles  from 
the  other  Mandan  villages  on  the  Knife  River. 

FORT   MANDAN 

Lewis  and  Clark  established  at  their, camp  a  post  which  was  known  as  Fort 
Mandan,  consisting  of  two  rows  of  huts  or  sheds,  forming  an  angle  where  they 
joined  e?ch  other.  Each  row  had  four  rooms,  fourteen  feet  square  and  seven 
feet  high,  with  plank  ceiling,  and  the  roof  slanting  so  as  to  form  a  loft  above  the 
rooms,  the  highest  part  of  which  was  eighteen  feet  above  the  ground.  The  body 
of  the  huts  formed  a  wall  of  that  height.  Opposite  the  angle  the  place  of  the 
wall  was  supplied  by  picketing,  and  in  the  rear  were  two  rooms  for  stores  and 
provisions.  The  American  flag  was  raised  over  Fort  Mandan  for  the  first  time 
December  25,  1804,  and  this  was  probably  the  first  time  that  the  flag  floated  in 
North  Dakota. 

THE   FLAG  ON    FORT   MANDAN 

The  flag  raised  by  Lewis  and  Clark  over  Fort  Mandan  was  the  flag  adopted 
by  the  United  States  Congress  January  13,  1794,  with  fifteen  stripes  and  fifteen 
stars,  instead  of  the  original  thirteen  stripes  and  thirteen  stars  provided  by  the 
act  of  June  14,  1777.  Congress  first  met  in  Washington  November  17,  1800, 
and  Ohio,  the  seventeenth  state,  was  the  first  one  to  be  admitted  in  Washington 
and  bears  the  date  April  30.   1802.     After  that  there  were  no  states  admitted 


A  MANDAN  VILLAGE 
From  a   painting  by  Charles  Bodmer   from  "Travels   to   the  Interior  of  North   America   in 
1833-3-4,"   by   Maximilian,   Prince   of   Wied,   1843. 


WINTER  VILLAGE  OF  THE  JUNATARRES 

From  a  painting  by  Charles   Bodmer   from  "Travels   to   the   Interior  of  North   America   in 

1832-3-4,"  by  Maximilian,  Prince   of   Wied,   1843. 


HISTORY  OF  NORTH  DAKOTA  65 

for  ten  years,  or  until  Louisiana  joined  the  Union,  April  8,  1812.  But  not  until 
the  act  of  April  4,  181S,  was  provision  made  for  adding  a  star  for  each  state 
admitted. 

OUR  FLAG  AND  ITS  DAY 

"Your  Flag  and  my  Flag ! 

To  every  star  and  stripe 
The  drums  beat  as  hearts  beat 

And  fifers  shrilly  pipe ! 
Your  Flag  and  my  Flag — 
A  blessing  in  the  sky: 
Your  hope  and  my  hope — 
It  never  hid  a  lie  I 

Home  land  and  far  land,  and  half  the  world  around, 
Old  Glory  hears  our  glad  salute,  and  ripples  to  the  sound  1" 

—Wilbur  D.  Nesbit. 

Since  the  dawn  of  our  republic  there  have  been  at  least  four  distinctive  flags 
for  which  their  devotees  were  willing  to  sacrifice  their  lives.  They  were  the 
"Pine  Tree  State,"  the  "Rattlesnake,"  "Liberty  and  Union,"  and  the  "Stars  and 
Stripes"  of   1777. 

Flags  of  various  designs  had  been  in  use  by  the  soldiers  of  the  American 
colonies  in  the  early  days  and  Revolutionary  as  well  as  more  recent  exploration 
periods,  the  "Bear  Flag."  for  example,  now  being  jealously  guarded  by  the 
Pacific  Coast  pioneers. 

The  "New  England  Flag,"  used  during  the  Colonial  and  Provincial  periods, 
was  white,  bearing  the  red  cross  of  St.  George,  with  a  pine  tree  in  the  corner. 
The  pine  tree  is  still  borne  on  one  side  of  the  flag  of  the  State  of  Massachusetts. 
The  flag  which  was  carried  at  the  siege  of  Boston  bore  the  crosses  of  St.  Andrew 
and  .St.  George  in  the  corner.  , 

Two  years  before  the  signing  of  the  Declaration  of  Independence,  on  October 
21,  1774,  the  patriots  of  Taunton,  a  small  town  in  the  State  of  Massachusetts, 
as  a  protest  against  Briti.sh  rule,  raised  over  the  "Green,"  in  the  center  of  the 
town,  a  flag  inscribed  "LTnion  and  Liberty."  It  was  the  first  flag  of  the  z\meri- 
can  colonies  in  opposition  to  the  British,  and  has  been  immortalized  in  verse  by 
Hezekiah  Butterworth  under  the  title  of  "The  Red  Flag  of  Taunton." 

ST.\RS   AND   STRIPES 

The  first  stripes  used  on  the  American  colors  were  borne  by  cavalry  in  1775. 
The  colors  presented  to  the  Philadelphia  Light  Horse  Troop,  organized  1774, 
were  made  of  bright  yellow  (for  cavalry)  silk,  forty  inches  long,  thirty-four 
inches  broad,  and  had  thirteen  blue  and  silver  stripes  alternate  in  the  corner  or 
canton.  Over  the  crest  in  the  center  of  the  banner,  a  horse's  head,  were  the 
letters  "L.  H."  (Light  Horse).  Underneath  was  a  scroll,  with  the  words.  "For 
These  We  Strive,"  and  on  the  sides  an  Indian  and  an  angel  blowing  a  trumpet. 
The  flag  that  flew  from  Washington's  headquarters  in  Cambridge,  Mass.,  first 
run  up  January  i,  1776,  was  composed  of  thirteen  red  and  white  stripes,  with 
the  crosses  of  St.  George  and  St.  Andrew  emblazoned  on  the  blue  space,  instead 


66  HISTORY  OF  NORTH  DAKOTA 

of  the  stars.     In  February  of  that  year  from  the  fleet  on  the  Delaware  River  the 
same  flag  floated. 

THE  ELEVENTH  TOAST 

At  the  celebration  by  Congress  of  the  first  anniversary  of  the  signing  of  the 
Treaty  of  Alliance,  Amity  and  Commerce,  which  took  place  at  Paris,  February 
6,  1778,  whereby  France  recognized  the  independence  of  the  United  States,  this 
being  the  first  treaty  made  by  the  United  States  with  any  foreign  power,  thirteen 
toasts  were  drunk.    The  eleventh  honored  the  flag  in  a  practical  manner : 

"May  the  American  stripes  bring  Great  Britain  to  reason." 

The  flag  then  had  thirteen  stripes. 

"My  forefathers  were  America  in  the  making; 
They  spoke  in  her  council  halls ; 
They  died  on  her  battlefields; 
They  commanded  her  ships; 
They  cleared  her  forests. 
Dawns  reddened  and  paled, 

Stanch  hearts  of  mine  beat  fast  at  each  new  star 
In  the  Nation's  flag. 

Keen  eyes  of  mine  foresaw  her  greater  glory; 
The  sweep  of  her  seas. 
The  plenty  of  her  plains, 
>  The  man-hives  in  her  billion-wired  cities. 

Every  drop  of  blood  in  me  holds  a  heritage  of  patriotism. 
I  am  proud  of  my  past. 
I  am  an  American." 

— Elias  Liehcrman. 

The  United  States  flag  was  first  seen  and  saluted  in  foreign  lands  February 
14,  1778,  flying  from  the  United  States  ship  Ranger  as  she  sailed  into  the  harbor 
of  Brest,  in  command  of  John  Paul  Jones,  and  received  from  the  French 
commander  the  salute  from  the  guns  of  his  fleet. 

The  decline  of  the  royal  ensign  took  place  on  the  25th  of  November,  1783, 
when  the  British  troops  evacuated  New  York,  the  stars  and  stripes  being  hoisted 
in  the  city  while  the  royal  ensign  was  run  down. 

PROPORTION'S  ADJUSTED 

June  14,  1777,  the  United  States  Congress  adopted  a  resolution  that  the  flag 
of  the  thirteen  independent  states  should  be  thirteen  stripes  alternate  red  and 
white,  and  that  the  union  be  thirteen  stars,  white  on  a  blue  field,  representing  a 
new  constellation.  The  thirteen  original  states  in  order  of  settleinent,  were : 
Virginia,  New  York,  Massachusetts,  New  Hampshire,  Connecticut,  Maryland, 
Rhode  Island.  Delaware,  North  Carolina,  New  Jersey,  South  Carolina,  Penn- 
•sylvania  and  Georgia. 

The  original  domain  of  the  United  States  over  which  the  flag  held  dominion, 
comprised  the  thirteen  states  with  the  additional  area  acquired  by  conquest  from 
Great  Britain ;  the  whole  being  bounded  on  the  west  by  the  Mississippi  River, 
on  the  south  by  the  thirty-first  parallel  of  latitude, — the  Florida  boundary, — • 
on  the  east  by  the  Atlantic  Ocean,  and  on  the  north  by  the  British  possessions. 
The  part  of  the  area  called  the  Northwest  Territory,  in  which  New  York,  Penn- 


HISTORY  OF  NORTH  DAKOTA       '  67 

sylvania,  Massachusetts,  Connecticut  and  Virginia  originally  held  claims,  was 
subsequently  relinquished  to  the  general  government.  Its  domain  is  today  (1916) 
estimated  at  three  million  six  hundred  and  eighty-six  thousand  seven  hundred 
and  eighty  square  miles,  including  insular  dependencies. 

The  public  announcement  of  the  adoption  of  the  flag  and  the  design,  occurred 
on  September  3,  1777,  and  it  was  first  displayed  at  l^'ort  Schuyler  in  1777,  on 
the  site  of  the  present  city  of  Rome,  N.  Y.,  where  there  was  a  garrison  of  about 
eight  hundred  men  to  whom  the  new  statute  regarding  the  flag  was  announced 
on  the  evening  of  the  second  day  of  August,  and  a  flag,  composed  of  cloth 
cut  out  of  wearing  apparel,  but  complete  according  to  the  statute,  was  made,  and 
the  next  day,  with  due  formality,  the  drummer  beating  the  "assembly,"  and  the 
adjutant  reading  the  resolution,  the  flag  of  the  republic  was  raised  on  the  north- 
east bastion  of  the  fort,  that  being  nearest  the  camp  of  the  enemy.  This  much 
is  absolutely  certain  regarding  the  flag's  nativity.  It  cannot  be  antedated,  and  it 
had  thirteen  stars  and  thirteen  stripes,  and  January  13,  1794,  in  order  to  add 
two  more  states, — Vermont  (which  produced  many  strong  pioneers  for  the 
western  states,  and  celebrated  her  one  hundred  and  twenty-fifth  anniversary 
July  12,  1916)  1791,  Kentucky,  1792 — the  flag  was  changed  by  law  to  take 
etfect  May  i,  1795,  to  comprise  fifteen  stripes  alternate  red  and  white;  the  Union 
being  represented  by  fifteen  stars,  white  in  a  blue  field,  and  this  was  the  national 
flag  during  the  War  of  1812,  and  the  one  which  was  apostrophized  by  Francis 
Scott  Key,  the  "Star  Spangled  Banner,"  while  waving  over  Fort  McHenry,  Sep- 
tember 14,  1814,  adding  Tennessee,  1796,  Ohio,  1802,  and  Louisiana,  1812;  but 
from  quite  evident  considerations  of  expediency,  in  the  face  of  rapidly  accumu- 
lating states  to  be  represented,  it  was  found  necessary  to  settle  upon  the  number 
of  stripes  and  stars,  and  on  April  4,  1818,  the  act  was  passed  and  approved  by 
President  James  Monroe,  that  required  after  the  Fourth  of  July  following,  the 
flag  of  the  United  States  should  be  thirteen  horizontal  stripes,  alternate  red  and 
white,  and  that  the  union  should  comprise  twenty  stars,  white  on  a  blue  field. 

Also,  (Section  2)  it  was  further  enacted  that  on  the  admission  of  every 
new  state  into  the  Union,  one  star  be  added  to  the  union  of  the  flag,  and  that 
such  addition  should  take  efifect  on  the  Fourth  of  July  next  succeeding  such 
admission. 

The  first  flag  of  this  description  was  hoisted  on  the  flagstaflf  of  the  old  house 
of  representatives  at  Washington  on  April  13,  1818,  and  up  to  the  present  time 
this  regulation  has  been  observed  upon  the  admission  of  each  new  state  to  the 
Union,  except  in  respect  to  the  United  States  revenue  flag,  the  stripes  on  which 
number  sixteen,  running  vertically,  but  in  100  years  of  vicissitude  more  or  less 
aggrandizing,  the  banner  seems  to  have  become  in  a  measure  self-adjustable, 
for  in  1912,  by  measurements  in  the  process  of  preparing  the  pattern  it  was 
found  that  while  the  proportionate  size  of  the  blue  field  to  the  rest  of  the  flag 
had  not  been  increased,  the  proportion  of  blue  in  the  national  emblem  had  grown 
in  a  marked  degree,  while  the  stars  had  diminished  in  size. 

THE    COAST    GUARD    FLAG 

The  Coast  Guard  was  created  by  act  of  Congress  Januarj-  28,  191 5,  and  takes 
the  place  of  the  Revenue  Cutter  Service,  established  in  1790,  and  the  Life  Saving 


68  HISTORY  OF  NORTH  DAKOTA 

Service  which  dates  back  to  1848,  and  constitutes  a  part  of  the  miHlary  forces 
of  the  United  States. 

The  distinctive  flag  flown  from  the  foremast  on  all  coast  guard  cutters  causes 
many  inquiries  as  to  its  origin,  and  the  following  extracts  from  the  annual 
report  of  the  United  States  Coast  Guard  for  1915  will  therefore  be  of  interest. 

"Nine  years  after  the  establishment  of  the  Revenue  Cutter  Service,  the 
forebear  of  the  existing  Coast  Guard,  Congress,  in  the  act  of  March  2,  1799, 
provided  that : 

"  'The  cutters  and  boats  employed  in  the  service  of  the  revenue  shall  be 
distinguished  from  other  vessels  by  an  ensign  and  pennant,  with  such  marks 
thereon  as  shall  be  prescribed  by  the  President.  H  any  vessel  or  boat,  not 
employed  in  the  service  of  the  revenue,  shall,  within  the  jurisdiction  of  the 
United  States,  carry  or  hoist  any  pennant  or  ensign  prescribed  for  vessels  in  such 
service,  the  master  of  the  vessel  so  offending  shall  be  liable  to  a  penalty  of 
$100.' 

"Under  date  of  August  i,  1799,  the  secretary  of  the  treasury,  Oliver  Wolcott, 
issued  an  order  announcing  that  in  pursuance  of  authority  from  the  President 
the  distinguishing  ensign  and  pennant  should  consist  of  'sixteen  perpendicular 
stripes,  alternate  red  and  white,  the  Union  of  the  ensign  to  be  the  arms  of  the 
United  States  in  dark  blue  on  a  white  field.'  " 

This  picturesque  flag,  with  its  vertical  stripes,  now  so  familiar  in  American 
waters,  was  arranged  with  historical  detail,  inasmuch  as  in  the  union  of  the  flag 
there  are  thirteen  stars,  thirteen  leaves  to  the  olive  branch,  thirteen  arrows,  and 
thirteen  bars  to  the  shield,  all  corresponding  to  the  original  number  of  states 
constituting  the  Union  at  the  time  of  the  founding  of  the  Republic.  The  six- 
teen vertical  stripes  in  the  body  of  the  flag  are  symbolical  of  the  number  of  states 
composing  the  Union  when  this  flag  was  offlcially  adopted.  Originally  intended 
to  be  flown  only  on  revenue  cutters  and  boats  connected  with  the  customs  service, 
in  the  passage  of  time  there  grew  up  a  practice  of  flying  this  distinctive  flag  from 
certain  custom-houses,  and  finally,  by  direction  of  the  Secretary  of  the  Treasury, 
in  1874,  it  was  flown  from  all  custom-houses.  From  then  until  1910  it  was 
displayed  indiscriminately  on  custom-houses,  customs  boats,  and  revenue  cutters. 

In  order,  therefore,  that  this  distinctive  ensign,  the  sign  of  authority  of  a 
cutter,  should  be  used  for  no  other  purpose  as  originally  contemplated.  President 
Taft  issued  the  following  E.xecutive  Order  on  June  7,  1910: 

"By  virtue  of  the  authority  vested  in  me  under  the  provisions  of  section  2764 
of  the  revised  statutes,  I  hereby  prescribe  that  the  distinguishing  flag  now  used 
by  vessels  of  the  Revenue-Cutter  Service  be  marked  by  the  distinctive  emblem 
of  that  service,  in  blue  and  white,  placed  on  a  line  with  the  lower  edge  of 
the  union,  and  over  the  center  of  the  seventh  vertical  red  stri])e  from  the  mast 
of  said  flag,  the  emblem  to  cover  a  horizontal  space  of  three  stripes.  This  change 
to  be  made  as  soon  as  practicable." 

"Upon  the  establishment  of  the  coast  guard,  which  absorbed  the  duties  of 
the  Revenue-Cutter  Service,  the  ensign  described  above  became  the  distinctive 
flag  of  coast  guard  cutters,  which  if  flown  from  any  other  vessel  or  boat  within 
che  jurisdiction  of  the  United  States  will  subject  the  offender  to  the  penalty  of 
the  law." 


a 


00      iL 


2.    ^ 


HISTORY  OF  NORTH  DAKOTA  69 

THE   WINTER   OF    l804-'05 

The  winter  of  1804-05,  was  a  cold  one.  The  mercury  sometimes  dropped 
as  low  as  47  degrees  below  zero,  and  yet  there  was  much  of  interest  occurring 
during  that  winter.  The  Indians  were  frequent  visitors,  bringing  their  corn 
and  game  in  exchange  for  the  work  of  the  blacksmith.  Arrow  points,  made  from 
iron  hoops,  and  battle  axes  from  a  cast-off  sheet-iron  stove,  were  of  particular 
value  to  them.  While  the  Indians  were  jealous  of  the  reputation  of  their  wives 
and  daughters,  and  resented  any  advances  made  by  their  brother  Indians,  they 
were  not  averse  to  attentions  from  their  white  visitors,  and  were  solicitous  to  a 
degree  for  York,  who  was  preferred  to  any  one  of  the  party. 

The  soldiers  visited  the  lodges,  sometimes  dancing  for  the  amusement  of  the 
Indians.  York  generally  accompanied  them  and  was  the  star  attraction  at  all 
times,  entertaining  them  with  his  stories.  He  assured  them  that  he  was  a  wild 
man  until  caught  and  tamed  by  Captain  Clark,  and  told  them  other  stories  of  like 
character. 

The  Indians  made  it  a  rule  to  ofTer  food  to  the  white  men  on  their  first 
entrance  to  their  homes,  indeed,  there  was  nothing  too  good  to  place  before  them 
and  urge  upon  them,  and  the  union  of  the  whites  with  the  natives,  may  account 
for  the  light  hair  and  blue  eyes  found  among  the  Mandans. 

The  women  were  noted  for  their  industry  and  for  their  obedience  to  their 
husbands'  commands.  When  their  husbands  desired  to  make  a  present  to  the 
little  garrison  of  meat  or  corn,  they  brought  it  "on  the  backs  of  their  scjuaws," 
whose  services  they  were  ready  to  lend  for  any  other  purpose  for  a  slight  con- 
sideration, or  as  an  act  of  friendship. 

Many  little  incidents  occurred  during  the  winter  to  endear  the  whites  to 
the  Indians  of  these  villages,  but  nothing  more  than  the  fact  that  when  the 
Sioux  made  a  raid  and  killed  some  of  their  hunters.  Captain  Clark  turned  out 
nearly  his  entire  force,  armed  and  equipped,  and  offered  to  lead  the  Indians 
against  the  Sioux. 

THE    BE.\UTIFUL    NORTHERN    LIGHTS 

The  extreme  cold  did  not  interfere  seriously  with  the  Indian  sports,  and 
Captain  Lewis  speaks  of  the  beautiful  northern  lights,  still  characteristic  of 
North  Dakota.     He  writes  : 

"Along  the  northern  sky  was  a  large  space  occupied  by  a  pale  but  brilliant 
color,  which,  rising  from  the  horizon,  extended  itself  to  nearly  20  degrees 
above  it.  After  glistening  for  some  time,  its  colors  would  be  overcast  and 
almost  obscured,  but  again  would  burst  out  with  renewed  beauty.  The  uniform 
color  was  pale  light,  but  its  shapes  were  various  and  fantastic.  At  times  the 
sky  was  lined  with  light-colored  streaks,  rising  perpendicularly  from  the  horizon 
and  gradually  expanding  into  a  body  of  light  in  which  we  could  trace  the  floating 
columns,  sometimes  advancing,  sometimes  retreating,  and  shaping  into  infinite 
forms   the   space   in    which   they   moved." 

Much  of  the  winter  was  spent  in  gaining  information  from  the  Indians  in 
relation  to  the  country,  and  as  to  the  number,  habits,  customs  and  traditions  of 
the  several  tribes. 


70  HISTORY  OF  NORTH  DAKOTA 

Rene  Jessaume  had  resided  at  the  villages  about  fifteen  years.  He  was 
entirely  familiar  with  the  language  and  habits  of  the  Indians,  and  was  accordingly 
employed  as  a  Alandan  interpreter,  and  immediately  took  up  his  residence  at  the 
camp  of  the  explorers.  In  the  course  of  the  winter  Toussaint  Charbonneau  was 
employed  as  an  Hidatsa  interpreter,  and  he  and  his  good  wife  Sakakawea,  the 
"Bird-Woman,"  who  became  the  Shoshone  interpreter  after  reaching  the  plains 
of  Montana,  also  took  up  their  residence  at  the  fort.  Joseph  Gravelines  was  the 
Arikara  interpreter,  and  John  B.  LePage,  who  was  also  employed  at  the  Mandan 
villages,  the  Cheyenne  interpreter. 

VISITING    TRADERS 

Hugh  McCracken,  an  independent  trader,  associated  usually  with  the  North- 
West  Company,  was  at  the  Mandan  villages  at  the  time  of  the  arrival  of  Lewis 
and  Clark,  for  the  purpose  of  trading  for  bufjalo  robes  and  horses.  The 
explorers  took  advantage  of  his  presence  to  send  special  copies  of  their  pass- 
ports to  Mr.  Charles  Chaboillez  and  asked  the  friendly  offices  of  the  North- West 
Company  on  their  trip  to  the  Pacific  Coast.  In  due  time  they  received  a  reply, 
with  the  assurance  that  the  North-West  Company  would  afi^ord  them  every 
assistance  within  their  power. 

They  were,  also,  visited  during  the  winter  by  Charles  McKenzie  and  Francois 
A.  Larocque  of  the  North-West  Company,  and  later,  by  Hugh  Fleney,  of  the 
Hudson's  Bay  Company.  Some  of  these  parties  visited  Fort  Mandan  several 
tirnes  during  the  winter,  and  were  allowed  to  trade  at  the  villages  without  any 
interference. 

When  the  river  was  breaking  up  in  the  spring,  the  Indians  fired  the  prairie, 
and  drove  the  bufl'alo  on  to  the  ice  and  killed  many  of  them  on  cakes  of  ice  and 
towed  them  ashore.  A  large  number  were  drowned,  and  many  of  these  were 
taken  by  the  Indians  and  used  for  meat. 

During  the  winter  a  large  number  of  specimens  were  gathered  or  prepared 
by  the  party,  and  shipped  to  President  Jefferson  by  the  barge  which  left  the 
villages  the  same  day  that  Lewis  and  Clark  left  for  the  Pacific  Coast. 

The  river  broke  up  on  the  25th  of  March.  1S05,  and  April  ist,  the  boats  were 
again  placed  in  the  water.  Captain  Lewis  notes  that  the  first  rain  since  October 
iSth,  fell  on  that  day.  They  had  spent  a  winter  of  bright  sunshine,  and  such 
winters  often  occur  now  as  well  as  100  years  ago. 

One  day  they  were  out  on  the  river  bottoms,  in  February,  and  killed  3,000 
pounds  of  game,  among  the  lot  thirty-six  deer.  Deer  are  still  found  on  the 
river  bottoms.  Tlie  buft'alo  are  gone,  but  myriads  of  ducks  and  geese  still 
come  and  go. 

At  the  time  of  their  departure  for  the  Pacific  Coast,  Corporal  Richard  Warf- 
ington,  whose  term  had  expired,  but  who  was  held  in  the  service  for  the  purpose, 
left  in  the  barge  for  St.  Louis,  with  Joseph  Gravelines,  pilot,  and  six  soldiers. 
They  carried  the  specimens  intended  for  the  president,  and  were  accompanied 
by  an  Arikara  chief,  who  went  to  Washington  in  charge  of  Mr.  Gravelines.  The 
chief  died  in  Washington,  but  Gravelines  returned  to  the  tribe  in  i8ofi.  with  the 
presents  received  by  the  chief,  and  a  message  from  the  President  to  the  tribe. 

On  the  7th  of  April,  1805,  the  party  then  consisting  of  thirty-two  persons. 


HISTORY  OF  NORTH  DAKOTA  71 

pulled  out  of   Fort  Mandan    for  the   Pacific  coast  via   the  headwaters   of   the 
Missouri.    The  names  of  the  party  were  as  follows : 

ROSTER  OF  THE   COMPANY 

Commissioned  officers:  Captains,  William  Clark,  Meriwether  Lewis.  Non- 
commissioned officers :  Sergeants,  Patrick  Gass,  John  Ordway,  Nathaniel  B. 
Prior  and  Corporal  Richard  Warfington,  detailed  for  Washington;  privates, 
William  Bratton,  John  Colter,  John  Collins,  Peter  Cruzette,  Joseph  Fields, 
Reuben  Fields,  Robert  Frazier,  George  Gibbon,  Silas  Goodrich,  Plugh  Hull, 
Thomas  P.  Howard,  Francis  Labiche,  Baptiste  LePage,  Hugh  McNeill,  John 
Potts,  George  Shannon,  John  Shields,  John  B.  Thompson,  William  Werner, 
Joseph  Whitehouse,  Alexander  Willard,  Richard  Windsor,  Peter  Wiser,  York. 

The  interpreters  were  George  Drewyer  and  Toussaint  Charbonneau,  a  French- 
Canadian  voyageur,  the  latter  accompanied  by  his  wife  Sakakawea,  and  a  child 
born  February  ii,  1805,  in  the  camp  of  the  explorers  at  the  Mandan  villages. 
Drewyer  was  a  half-blood  Indian,  and  was  the  hunter  of  the  expedition.  He  was 
afterward  associated  with  Manuel  Lisa  in  the  fur  trade  as  George  Drouillard. 
They  used  six  canoes  and  two  pirogues  (a  boat  made  out  of  a  long  soft  wood 
log)  for  their  trip  above  the  Mandan  villages.  One  of  the  canoes  was  sunk  the 
next  day. 

THE   RETURN 

The  expedition  returned  from  the  Pacific  Coast  to  the  Mandan  villages,  Sep- 
tember 17,  1806.  Fort  Mandan  had  been  destroyed  by  an  accidental  fire,  but 
they  were  most  cordially  received  by  the  Indians.  They  gave  Le  Borgne  full 
recognition  on  his  reporting  that  he  had  not  received  the  presents  sent  him  by 
Cherry  on  the  Bush,  and  presented  him  with  a  new  lot  befitting  his  station.  They, 
also,  gave  him  the  swivel  gun  which  had  been  used  to  salute  or  "talk,"  as  they 
called  it,  to  all  the  tribes  with  whom  they  had  dealings  on  their  trip.  This  gift 
was  received  by  Le  Borgne  with  great  satisfaction,  and  carried  to  his  headquar- 
ters with  much  ceremony. 

Independent  British  traders  established  a  post  at  the  mouth  of  the  James 
River  in  1804,  after  the  expedition  had  passed  that  point  and  when  Lewis  and 
Clark  returned  in   1806,  it  was  in  charge  of  James  Aird,  representing  Robert , 
Dickson,  then  operating  on  the  headwaters  of  the  Mississippi  and  on  the  IMinne- 
sota  rivers. 

Hastening  to  St.  Louis  tlie  explorers  gave  by  their  arrival  the  first  infonna- 
tion  relative  to  them  which  had  been  received  in  the  states  since  they  left  the 
Mandan  villages  in  April,  1805. 

Charbonneau  not  wishing  to  return  to  the  states,  remained  at  the  Indian 
villages.  Rene  Jessaume  was  employed  as  an  interpreter,  and  accompanied  the 
Mandan  Chief  Shahaka  to  Washington  with  Captains  Lewis  and  Clark. 

It  was  the  middle  of  February,  1807,  before  they  reached  the  national  capital 
and  on  March  3,  1807,  Captain  Lewis  was  appointed  governor  of  Louisiana 
Territory.  He  died  October  11,  1809,  at  the  age  of  thirty-four  years,  while  in 
that  position.    His  death  was  attributed  to  suicide,  but  there  is  reason  to  believe 


72  HISTORY  OF  NORTH  DAKOTA 

that  he  was  murdered  and  robbed  at  the  inn  where  he  was  stopping  on  his  way  to 
Washington  in  connection  with  the  adjustment  of  his  accounts.  The  owner  of 
the  inn  where  he  died  was  tried  for  his  murder  but  the  evidence  was  not  suf- 
ficient to  convict.  The  body  of  Governor  Lewis,  when  found,  had  but  25  cents 
in  money  on  it,  and  the  inn  keeper  after  his  acquittal,  displayed  considerable 
money  which  he  had  suddenly  acquired.  It  is  not  probable  that  Governor  Lewis 
would  have  taken  an  official  trip  without  money  for  the  payment  of  his  bills.  His 
body  was  buried  within  the  limits  of  the  State  of  Tennessee  near  the  spot  where 
he  was  shot,  and  a  monument  was  erected  by  the  state  to  commemorate  his  life 
and  work. 

March  12,  1807,  Captain  Clark  was  appointed  by  President  Jeif'erson  briga- 
dier-general of  the  militia  of  the  Territory  of  Louisiana,  and  agent  of  the  Lhiited 
States  for  Indian  afl:"airs  in  that  department. 

He  was  reappointed  by  President  James  Madison,  February  11,  181 1.  Louis- 
iana having  been  admitted  as  a  state  April  30,  1812,  and  the  Territory  of 
Missouri  having  been  created,  he  was  appointed  governor  of  that  territory  by 
President  Madison,  July  i,  1813.  He  was  reappointed  by  President  James  Mon- 
roe, January  21  1817.  On  the  admission  of  Missouri  as  a  state,  January  24, 
1820,  he  became  a  candidate  for  governor  but  was  defeated  by  Alexander  McNair. 

In  May,  1822,  President  Monroe  appointed  him  U.  S.  Superintendent  of 
Indian  Afifairs,  and  in  October,  1824,  he  was  appointed  surveyor  general  of  the 
states  of  Illinois  and  Missouri.  In  1825,  he  negotiated  several  treaties  with  the 
Indians,  and  had  an  advisory  influence  on  the  treaties  made  that  year  with  his 
old  friends,  the  Mandans,  Gros  Ventres  (Hidatsas)  and  the  Arikaras  by  Gen. 
Henry  Atkinson  and  Maj.  Benjamin  O'Fallon,  U.  S.  Indian  agent.  General 
Clark  died  September  i,  1838,  in  his  sixty-ninth  year. 

TOtJSSAINT    CHARBONNEAU   AND   THE    BIRD-WOMAN 

"And  the  pleasant  water-courses, 
You  could  trace  them  through  the  valley, 
By  the  rushes  in  the  spring-time, 
Bj'  the  alders  in  the  summer. 
By  the  white  fog  in  the  autumn, 
By  the  black  line  in  the  winter, 
And  beside  them  dwelt  the  singer." 

■ — Henry  IV.  Longfellow. 

Toussaint  Charbonneau's  Indian  wife  sang  merrily  as  a  bird,  and  was  known 
as  the  "Bird-Woman."  By  birth  a  Shoshone  of  Wyoming,  and  daughter  of  a 
chief,  she  was  captured  at  eleven  years  of  age  from  the  Snake  Tribe  of  Shoshones 
by  the  Missouri  River  Indians,  in  one  of  their  battles  with  her  tribe,  and  had 
been  sold  to  Charbonneau,  who  lived  with  the  Gros  Ventres  at  the  Mandan 
villages.  She  was  reared  by  the  Gnjs  \'entres,  wearing  their  costume,  and  it 
was  they  who  named  her  "Tsa-ka-ka-wea-sh."  which  in  the  Indian  language 
means,  according  to  Prof.  Orrin  Grant  Libby,  of  the  North  Dakota  Historical 
Society,  Bird-Woman.  As  written  in  Gros  Ventres,  "Tsa-ka-wa"  signifies  bird, 
"wea,"  woman;  "sh,"  the.     It  was  said  she  was  uncommonly  comely. 

Before  being  taken   from  her  native  tribe,  she  had  traveled  over  much  of 


VIRGINIA  GRANT 

Granddaughter  of  Sakaka- 
wea.  Photo  liy  A.  P.  Porter  of 
Lander,  Wyoming,  for  the 
Early  History  of  North  Dakota. 


SIOUX  WOMEN  DANCING— FASHIONS  OF  1912 
(Mandan  Fair,  1912) 


L, 


HISTORY  OF  NORTH  DAKOTA  73 

the  country,  east  and  west  of  the  Rocky  Mountains,  and  thus  was  able  to  furnish 
vakiable  information  relative  thereto.  Because  of  her  belief  in,  and  devotion  to 
her  husband,  she  had  confidence  in  the  white  men  who  were  making  their  way 
to  the  land  of  her  birth,  and  with  much  earnestness  urged  that  her  presence 
in  the  camp  with  her  child,  would  be  a  means  of  protection  to  them,  and  her 
ability  to  talk  with  the  mountain  Indians  a  real  help. 

So  far  as  known,  she  was  the  first  Indian  convert  to  the  Christian  religion, 
west  of  the  Missouri  River,  and  the  first  pioneer  mother  to  cross  the  Rocky 
Mountains  and  carry  her  babe  into  the  Oregon  country.  While  she  crooned  to 
her  chubby  brown  baby  during  the  long  winter,  a  new  light  would  come  to  her 
eyes  at  the  thought  of  her  far  away  home. 

On  the  way  she  made  and  mended  the  moccasins  of  the  explorers,  taught 
them  the  mountain  Indian  methods  of  hunting  bear,  told  them  how  to  make 
carriages  for  transporting  the  boats  around  Great  Falls,  Mont.,  showed  them 
how  to  find  artichokes  stored  by  the  gophers,  and  warned  them  against  the  waters 
they  must  not  drink.  She  found  eggs  of  the  wild  fowl  and  berries,  and  made 
ointment  to  cure  sores  and  insect  bites,  and  when  her  husband  no  longer  knew 
the  country,  she  became  the  guide.  She  was  the  only  woman  to  accompany  the 
expedition,  and  was  guide,  interpreter  and  protector.  She  protected  the  party 
when  they  were  threatened  by  hostile  Indians,  secured  for  them  food  and  horses, 
saved  their  journals  and  valuable  papers  at  the  risk  of  her  life,  when  their  boat 
capsized,  and  was  the  only  one  of  the  party  who  received  no  pecuniary  reward 
for  her  services. 

Captain  Clark  thus  describes  her  characteristics : 

"She  was  very. observant.  She  had  a  good  memory,  remembering  localities 
not  seen  since  her  childhood.  In  trouble  she  was  full  of  resource,  plucky  and 
determined.  With  her  helpless  infant  she  rode  with  the  men,  guiding  us  unerr- 
ingly through  mountain  fastnesses  and  lonely  passes.  Intelligent,  cheerful,  re- 
sourceful, tireless,  faithful,  she  inspired  us  all." 

Thus  it  is  always  with  the  good  woman,  encouraging  man  to  dare  and  to  do. 
At  his  side  at  birth,  in  sickness  and  in  death,  helping  and  encouraging  in  hours 
of  distress  and  peril — "first  at  the  cross  and  last  at  the  tomb." 

The  influence  of  the  Bird-Woman  on  her  tribe  gave  a  wonderful  impetus  to 
the  uplifting  of  the  Shoshones,  from  the  day  she  greeted  her  brother,  Camehawait, 
a  chief  at  the  head  of  the  Snake  Indians,  who  visited  the  camp  of  Lewis  and 
Clark  on  the  plains  of  Montana.  Sakakawea  was  the  true  guide  who  remained 
with  them  to  the  end. 

She  had  recognized  the  Indians  as  they  approached,  as  being  of  her  tribe ; 
among  them  an  Indian  woman  who  had  been  taken  prisoner  at  the  same  battle 
in  which  she  had  been  captured,  but  escaped.  Her  brother  did  not  become  known 
to  her  until  she  began  to  interpret.  Then  her  joy  knew  no  bounds.  Though 
much  agitated,  the  Bird- Woman  concluded  her  work  of  interpreting  the  council 
between  her  brother  and  Lewis  and  Clark,  and  then  learned,  that  of  her  family 
only  two  brothers  and  her  sister's  child  survived ;  the  others  having  been  killed 
in  war  or  had  died  from  other  causes.  She  then  and  there  adopted  her  sister's 
orphan  child  (Bazil)  and  took  him  with  her  to  the  Pacific  Coast. 

Returning  with  Lewis  and  Clark  to  the  Mandan  villages,  she  remained  in 
that  country  until  after  the  smallpox  scourge  of  1837.     Subsequently  she  returned 


74  HISTORY  OF  NORTH  DAKOTA 

to  her  own  tribe,  then  located  in  the  Wind  River  country,  and  there  hved  until  her 
death,  the  night  of  April  8-9,  1884,  at  the  Shoshone  Mission,  Wind  River,  Wye, 
in  the  home  of  her  adopted  son,  Bazil.  She  was  then  upwards  of  one  hundred 
years  old,  blind  and  deaf.  The  obsequies  were  conducted  by  the  Rev.  John 
Roberts,  D.  D.,  who  had  known  her  many  years,  and  who  kindly  furnished  for 
this  history  the  facts  here  stated  in  relation  to  her  death.  They  are  corroborated 
by  A.  D.  Lane  of  Lander,  Wyo.,  who  was  at  her  house  a  few  hours  after  her 
demise,  also  by  Harry  Brownson,  an  old-time  resident  of  Bismarck,  afterward 
an  employe  of  the  traders'  store  at  Shoshone  agency,  and  others  personally  known 
to  the  author,  who  knew  her,  and  that  her  name,  as  known  to  the  Shoshones, 
was  "Sacajawea,"  meaning  "to  launch  or  push  ofif  the  boat." 

Her  husband,  Toussaint  Charbonneau,  was  the  interpreter  at  the  time  of  the 
treaty  of  Gen.  Henry  Atkinson  with  the  Mandans  and  Gros  Ventres  at  the  Man- 
dan  villages  on  the  Missouri  in  1825.  He  spent  the  winter  with  Maximilian  at 
Fort  Clark,  1833-34,  was  with  him  at  the  battle  of  Fort  Mackenzie,  and,  in  1838, 
was  met  by  Charles  Larpenteur  when  he  went  down  the  river  to  go  east  on  a 
visit.  Several  of  the  Bird- Woman's  descendants  are  now  living  on  the  Shoshone 
reservation,  and  a  photograph  of  her  great-granddaughter  in  Indian  costume, 
taken  specially  for  it,  forms  one  of  the  illustrations  of  this  history. 

Her  son,  Baptiste,  the  baby,  born  in  North  Dakota,  who  was  carried  by  his 
mother  across  the  continent  and  return,  was  educated  by  Gen.  William  Clark 
at  St.  Louis,  where  young  Baptiste  Charbonneau  was  located  as  late  as  1820.  He 
was  an  interpreter  and  guide  with  Capt.  Benjamin  L.  E.  Bonneville  in  1832-35, 
is  mentioned  in  the  journals  of  Lieut.  John  Charles  Fremont  at  Fort  Bridger 
in  1842,  and  that  vear  was  with  Sir  William  Drummond  Stewart  on  a  buffalo 
hunt  in  Wyoming. 

Her  adopted  son,  known  as  "Old  Bazil,"  was  prominent  in  tribal  affairs  on 
the  Shoshone  reservation. 

Chief  Washakie,  of  Wyoming,  who  recently  "passed  to  the  other  shore"  at 
the  age  of  about  one  hundred  years,  knew  Sacajawea,  and  held  her  in  tender 
esteem. 

There  is  a  monument  to  her  memory  near  Fort  Washakie,  at  the  Shoshone 
Mission.  \\'ind  River,  Wyo.,  now  United  States  Indian  cemetery,  erected 
by  the  State  of  Wyoming. 

Her  statue  in  the  park  at  Portland,  Ore.,  erected  through  the  efforts  of 
Mrs.  Eva  Emery  Dye  and  others,  at  the  time  of  the  Portland  International  Expo- 
sition, a  fine  production  worthy  of  the  object,  to  perpetuate  her  memory,  is,  also, 
in  the  name  of  "Sacajawea"  the  spelling  adopted  by  the  Wyoming  State  Historical 
Society. 

In  February,  1906,  a  movement  was  inaugurated  by  ^Irs.  Beulah  M.  Amidon, 
of  Fargo,  N.  D.,  to  raise  funds  for  a  monument  to  the  Bird- Woman  to  be  erected 
at  the  state  capital.  The  bronze  statue  at  Bismarck,  designed  by  Crunelle,  is  of 
heroic  size,  twelve  feet  in  height,  representing  an  Indian  woman  wrapped  in  a 
blanket,  with  a  pappoose  strapped  upon  her  back. 

The  Legislature  of  North  Dakota  assumed  the  expense  of  the  granite  pedestal, 
but  the  statue  was  paid  for  by  a  fund  contributed  by  the  Federation  of  Women's 
Clubs  and  the  school  children  of  the  state. 


SAKAKAWEA 

The  Shoshone  Indian  Bird-Woman 

Who  in  1805  guided  tlie 

Lewis  and  Clark  Expedition 

from   the 

Missouri  River  to  the  Yellowstone. 

Erected  by   the 

Federated  Club  Women  and  School  Children  of 

North   Dakota. 

Presented  to  tlie  State,  October,  1910 

(Statue  at  Bismarck) 


HISTORY  OF  NORTH  DAKOTA  75 

On  the  bronze  tablet  are  the  words : 

Sakakawea 

The  Shoshone  Indian  Bird-Woman 

Who  in  1805  guided  the 

Lewis  and  Clark  expedition 

from  the 

Missouri  River  to  the  Yellowstone. 

Erected  by  the 

Federated  Club  women  and  school  children  of 

North  Dakota 

Presented  to  the  state,  October,  1910. 

The  artist  sketched  the  figure  and  costume  at  the  Indian  reservation  at  Elbow 
Woods,  N.  D.,  and  won  the  approbation  of  Spotted  Weasel  and  James  Holding 
Eagle,  who  inspected  and  criticised  it  in  its  early  stages. 

It  stands  on  the  east  side  of  the  capitol  grounds  on  a  large  block  of  rough 
granite,  facing  the  west,  the  baby  looking  over  her  right  shoulder.  One  foot 
is  in  advance  of  the  other  as  if  she  were  walking.  The  dedication  took  place 
October  13,  1910,  the  ceremony  of  unveiling  being  performed  by  Miss  Beulah 
Amidon,  of  Fargo,  N.  D.  The  invocation  was  by  Bishop  Wehrle  of  the  Bismarck 
diocese  of  the  Roman  Catholic  Church,  and  was  followed  by  an  address  by  Miss 
Hattie  M.  Davis,  superintendent  of  schools  of  Cass  County,  who  originated  the 
idea  of  having  the  members  of  the  women's  clubs  and  the  children  of  the  state 
raise  the  money  to  pay  for  the  statue.  The  presentation  speech  was  made  by 
Mrs.  N.  C.  Young,  president  of  the  State  Federation  of  Women's  Clubs,  Judge 
Burleigh  F.  Spalding  of  the  Supreme  Court  accepting  on  behalf  of  the  state. 
Frank  L,  McVey,  president  of  the  state  university,  made  the  principal  address. 

It  was  fitting  that  this  remarkable  woman,  distinguished  alike  for  intelligence, 
bravery  and  capability  (and  her  child)  should  be  honored  by  the  women  and 
children  of  North  Dakota,  and  it  matters  little  whether  the  name  meaning  "Bird- 
Woman"  in  Gros  Ventre  or  "The  launch  of  the  boat"  in  Shoshone  is  accepted ; 
that  she  was  one  and  the  same  there  can  be  no  doubt. 

THE  MISSOURI  FUR  COMP.iiNY 

Although  borne  on  the  rolls  of  the  regular  army  until  February  27,  1807, 
Captain  Clark  tendered  his  resignation  immediately  after  his  return  from  the 
Pacific  coast,  and  became  interested  in  the  organization  of  a  company  which  was 
incorporated  as  the  St.  Louis  Fur  Company,  and  after  many  vicissitudes  finally 
reorganized  as  the  Missouri  Fur  Company,  the  members  of  the  original  organiza- 
tion being  Benjamin  Wilkinson,  Pierre  Choteau,  Sr.,  Manuel  Lisa,  Auguste  Cho- 
teau,  Jr.,  Reuben  Lewis,  William  Clark,  Sylvester  Labadie,  Pierre  Menard, 
William  Morrison,  Andrew  Henry  and  Dennis  Fitzhugh.  William  Clark,  then 
known  as  Gen.  William  Clark,  was  agent  of  the  company  at  St.  Louis. 

THE  RETURN   OF  THE  MANDAN   CHIEF 

In  1807,  with  Pierre  Choteau  in  command  of  a  trading  party  numbering 
seventy-two  men,  an  attempt  was  made  to  return  the  Mandan  Chief  Shahaka, 


76  HISTORY  OF  NORTH  DAKOTA 

who  had  accompanied  Lewis  and  Clark  on  their  return  to  Washington,  together 
with  his  wife  and  child,  and  the  wife  and  child  of  his  interpreter  Rene  Jessaume. 
Lewis  and  Clark  had  agreed  on  behalf  of  the  United  States  to  guarantee  the 
safe  return  of  the  party  to  the  Mandan  villages. 

The  chief  was  under  the  escort  of  Ensign  Nathaniel  Prior,  who  had  been  a 
sergeant  with  the  Lewis  and  Clark  Expedition. 

When  they  reached  the  Arikara  villages  they  were  attacked  by  these  Indians 
on  account  of  the  Mandan  chief,  but  Choteau  had  anticipated  treachery,  and  was 
prepared  for  it.  After  an  hour's  fighting  he  was  able  to  withdraw  with  a  loss 
of  three  killed  and  seven  wounded,  one  mortally.  Three  of  Prior's  party  were 
wounded,  including  the  interpreter  of  the  chief.  The  Indians  followed  the  party, 
and  continued  the  attack  from  along  shore  as  they  proceeded  down  the  river, 
until  the  Choteau  party  singled  out  a  chief  whom  they  recognized  and  shot  him, 
when  the  Indians  retired. 

The  Indians  had  met  with  heavy  loss,  but  to  what  extent  was  never  known. 
Shahaka  having  returned  in  safety  to  St.  Louis,  awaited  an  escort,  and  the  first 
contract  made  by  the  reorganized  St.  Louis  Fur  Company,  thereafter  to  be  known 
as  the  Missouri  Fur  Company,  was  for  the  return  of  the  Mandan  chief  to  his 
tribe.  In  the  contract  the  Missouri  Fur  Company  agreed  to  engage  125  men, 
of  whom  40  must  be  Americans  and  expert  riflemen,  for  the  purpose  of  escort. 
They  were  to  receive  $7,000  for  the  Indian's  safe  return.  The  party  consisting 
of  150  men  left  St.  Louis  in  the  spring  of  1809,  Pierre  Choteau  in  command, 
arriving  at  the  Mandan  villages  September  24,  1809,  the  chief  laden  with  presents. 
He  had  been  entertained  by  President  Jefiferson  at  his  country  seat  of  Monticello 
and  had  been  honored  and  feted  from  the  time  he  reached  St.  Louis  until  his 
return,  but  his  account  of  his  experiences  not  being  believed,  he  fell  into  disre- 
pute, and  was  finally  killed  by  the  Sioux  in  one  of  the  attacks  by  that  tribe  on  the 
Mandan  villages. 

In  1807  Manuel  Lisa,  the  first  and  most  noted  upper  Missouri  River  Indian 
trader,  passed  through  the  Arikara  villages,  where  he  had  a  trading  post,  visiting 
them,  in  detail,  with  entire  safety,  immediately  preceding  the  attack  of  that  year 
upon  Pierre  Choteau's  party. 

(The  several  maps  illustrating  the  early  explorations,  the  Louisiana  Purchase,  and  the 
extension  of  boundaries  of  the  United  States,  were  prepared  for  the  General  Land  Office, 
Washington,  D.  C,  and  are  used  by  courtesy  of  that  office.) 


CHAPTER  VI 
"WHEN  WILD  IN  WOODS  THE  NOBLE  SAVAGE  RAN" 

THE  EXPEDITION  OF  LIEUT.  Z.  M.  PIKE TREATY  WITH  THE  SIOUX ON  THE  UPPER 

MISSISSIPPI — THE    CHIPPEWAS    SMOKE    THE    PIPE    OF    WABASHA SUBSTITUTING 

THE  AMERICAN  FOR  BRITISH  FLAGS  AND  MEDALS GAME THE  WINTER  CANTON- 
MENT  HOSPITALITY    OF    THE    TRADERS — ALEXANDER    HENRY'S    VISIT    TO    THE 

MANDAN  VILLAGES — IDEAL  INDIAN    HOMES SOCIAL  LIFE  AMONG  THE  INDIANS. 

"I  am  as  free  as  nature  first  made  man, 
Ere  the  base  laws  of  servitude  began, 
When  wild  in  woods  the  noble  savage  ran." 

— Dryden's  Conquest  of  Granada. 

CONDITIONS   ON   THE  FRONTIER  IN    1805 

In  1805  Spain  still  held  dominion  over  the  country  west  of  the  Missouri  River, 
although  she  had  already  ceded  her  possessions  to  France,  and  from  France  they 
had  passed  to  the  United  States,  which  had  entered  upon  the  exploration  of  the 
country.  Capts.  Meriwether  Lewis  and  William  Clark  had  spent  a  winter  in 
what  is  now  North  Dakota,  at  Fort  Mandan.  They  had  traced  the  Missouri 
to  its  source,  locating  the  Cannonball,  Heart,  Knife,  White  Earth  and  Yellow- 
stone rivers,  and  had  given  the  world  the  first  reliable  information  relative  to 
the  plains  of  Dakota,  then  popularly  supposed  to  be  in  the  heart  of  the  great 
American  desert.  They  reported  a  land  abounding  in  game  of  all  kinds,  peopled 
by  a  brave  and  intelligent  native  population. 

Pembina  was  already  on  the  maps  of  the  period,  together  with  the  Pembina, 
Park,  Turtle,  Goose,  Sheyenne  and  James  rivers.  Devils  Lake  and  Lake  Traverse. 
The  Minnesota  River  was  then  known  as  St.  Peter's  and  at  its  mouth  was  located 
Fort  St.  Anthony.  There  was  no  St.  Paul  and  Minneapolis  in  Minnesota,  and  in 
California  no  San  Francisco.  Chicago  in  Illinois,  and  St.  Louis,  then  in  Louisiana 
Territory,  were  frontier  villages  of  little  importance.  There  was  no  occupation 
of  the  great  West  for  development,  save  the  lead  mines  near  Dubuque,  no  wagon 
roads,  aside  from  trails,  and  no  means  of  communication,  excepting  by  canoe 
and  pony.  There  had  been  some  early  exploration  by  the  French  and  by  the 
Spanish,  but  until  the  expedition  of  Lewis  and  Clark,  but  little  was  known  of 
this  vast  country,  towards  which  the  center  of  population  of  the  United  States 
is  rapidly  shifting. 

77 


78  HISTORY  OF  NORTH  DAKOTA 

pike's  expedition 

The  object  of  Pike's  expedition  was  to  select  sites  for  military  posts  on  the 
Mississippi  River;  to  survey  its  waters  to  the  source  of  that  stream;  to  acquaint 
the  traders  with  the  change  of  ownership  of  the  country  and  investigate  their 
alleged  unlawful  conduct  in  the  sale  of  goods  without  the  payment  of  duties 
imposed,  and  to  endeavor  to  bring  about  peace  between  the  Sioux  and  the  Chip- 
pewas  and  enlist  their  friendship  on  behalf  of  the  United  States.  The  roster  of 
Lieutenant  Pike's  party  was  as  follows : 

First  Lieut.  Zebulon  M.  Pike,  First  Regiment  U.  S.  Infantry,  command- 
ing; Sergt.  Henry  Kennerman;  Corps.  Samuel  Bradley  and  William  E.  Meek; 
Privates  John  Boley,  Peter  Branden,  John  Brown,  Jacob  Carter,  Thomas 
Daugherty,  William  Gordon,  Solomon  Huddleston,  Jeremiah  Jackson,  Hugh 
Menaugh,  Theodore  Miller,  John  Montgomery,  David  Owings,  Alexander  Ray, 
Patrick  Smith,  John  Sparks,  Freegift  Stoule  and  David  Whelpley,  in  all  one 
officer,  one  sergeant,  two  corporals  and  seventeen  men.  His  interpreters  were 
Joseph  Renville  and  Pierre  Rosseau. 

They  left  camp,  near  St.  Louis,  August  5,  1805 ;  their  means  of  transporta- 
tion being  one  keel-boat  seventy  feet  long.  On  their  arrival  at  Prairie  du  Chien 
September  4th,  where  they  spent  several  days,  they  were  saluted  by  the  Indians 
with  a  volley  of  musketry,  and  it  is  claimed  that  some  of  the  Indians  who  were 
under  the  influence  of  liquor,  tried  to  see  how  close  they  could  shoot  .without 
hitting  the  boat.  Lieutenant  Pike  informed  them  of  the  object  of  his  expedition, 
especially  as  to  the  matter  of  peace  with  the  Chippewas. 

On  September  23,  1805,  he  negotiated  a  treaty  with  the  Sioux — represented 
by  Little  Crow  (grandfather  of  Little  Crow,  leader  in  the  Minnesota  massacre 
in  1862),  and  Way  Ago  Enogee — for  a  tract  of  land  nine  miles  square  at  the 
mouth  of  the  River  St.  Croix,  also  a  tract  of  land  extending  from  below  the 
confluence  of  the  Mississippi  and  St.  Peter's  rivers  up  the  Mississippi  to  include 
the  Falls  of  St.  Anthony,  embracing  nine  miles  on  each  side  of  the  river,  for  the 
sum  of  $2,cx)o.  Congress  confirmed  this  treaty  April  16,  1808,  but  there  is  no 
record  that  it  was  proclaimed  by  the  President.  It  is  scarcely  necessary  to  add 
that  it  embraced  the  land  on  which  Fort  Snelling  and  the  cities  of  St.  Paul  and 
Minneapolis  now  stand. 

When  Lieutenant  Pike  arrived  at  the  headwaters  of  the  Mississippi,  he  was 
treated  with  great  cordiality  and  courtesy  by  the  traders  and  their  employees. 
Coming  one  night  to  a  sugar  camp  he  was  given  his  choice  of  beaver,  swan, 
elk  or  deer  for  supper,  and  though  sugar  and  flour  were  worth  50  cents  per 
pound,  and  salt  $1,  there  was  no  stint  in  the  supply. 

Among  the  traders  he  met  were  Joseph  Rolette  and  associates  at  Prairie  du 
Chien,  Murdoch  Cameron  at  Lake  Pepin,  Jean  Baptiste  Faribault  and  Joseph 
Renville  on  the  Minnesota,  Robert  Dickson  on  the  Mississippi  and  Culhbert 
Grant  and  Hugh  McGillis  in  the  Red  Lake  country. 

The  traders  were  naturally  pro-British  and  were  controlled  by  British  influ- 
ences. Cuthbert  Grant  was  still  flying  the  British  flag,  but  explained  to  Lieutenant 
Pike  that  it  was  owned  by  an  Indian  and  he  was  not  responsible  for  it. 

Flatmouth,  one  of  the  Red  Lake  band,  and  Tahmahah,  a  Sioux,  became  great 
friends  of  Lieutenant  Pike.     Flatmouth  rendered  him  great  service,  and  Tahma- 


HISTORY  OF  NORTH  DAKOTA  79 

hah  adopted  him  as  a  brother,  and  entered  the  service  of  the  United  States  as  a 
dispatch  bearer,  and  it  was  his  proud  boast  that  he  was  the  only  Sioux  who  was 
an  American. 

Joseph  Rolette  guided  the  British  forces  at  the  time  of  their  capture  of  Prairie 
du  Chien.  Tahmahah  was  a  prisoner  of  war  there.  When  the  British  evacuated 
the  fort  they  hoisted  an  American  flag  and  fired  the  fort.  Tahmahah,  at  the 
risk  of  his  life,  saved  the  flag  and  was  awarded  a  medal  of  honor. 

Zachary  Taylor,  then  major  Twenty-sixth  Infantry,  U.  S.  A.,  afterwards 
President  of  the  United  States,  was  defeated  by  the  Indians  in  his  efforts  to 
punish  rhem  for  the  Prairie  du  Chien  affair.  He  was  subsequently  stationed  at 
Fort  Snelling. 

ON    THE    UPPER    MISSISSIPPI 

On  the  way  up  the  Mississippi  River  Lieutenant  Pike  found  much  game. 
There  were  many  herds  of  deer  and  antelope  and  elk  were  so  numerous  that 
Chief  Thomas  killed  forty  in  one  day.  They  occasionally  killed  a  bear,  beaver 
were  abundant  and  the  buffalo  plentiful  later  in  the  season. 

At  the  mouth  of  the  Crow  Wing  River  they  found  evidence  of  a  recent  and 
severe  battle  between  the  Sioux  and  Chippewas,  in  which  the  latter  were  vic- 
torious. 

October  i6,  1S05,  Lieutenant  Pike  went  into  winter  quarters,  erecting  a 
stockade  at  the  mouth  of  Swan  River,  about  four  miles  from  the  present  Village 
of  Little  Falls,  Minn.  The  structure  was  thirty-six  feet  square,  with  blockhouses 
on  the  northwest  and  southeast  corners. 

Here  Lieutenant  Pike  left  a  sergeant  and  part  of  his  command,  and  pushed 
on  for  the  headwaters  of  the  Mississippi  with  the  remainder,  extending  his 
explorations  as  far  as  Cass  Lake.  January  8,  1806,  Lieutenant  Pike  visited  the 
trading  post  of  Cuthbert  Grant  at  Sandy  Lake,  where  there  was  a  large  stockade 
built  in  1796,  by  the  North- West  Company. 

Lieutenant  Pike  found  that  the  Indians  of  this  region  had  great  respect  for 
the  Americans.  They  did  not  consider  them  like  either  Frenchmen  or  English- 
men, but  as  white  Indians,  and  understood  that  they  were  fierce  in  battle  and 
ready  at  all  times  to  defend  their  rights.  The  explorer  came  upon  one  party  of 
Indians  who  were  insolent  and  threatening  in  their  attitude  until  informed  that 
they  were  Americans,  when  their  manner  immediately  changed,  and  they  extended 
to  them  every  possible  courtesy. 

The  prices  at  Grant's  post  for  some  of  the  staple  articles  were  as  follows : 
W^ild  oats,  $1.50  per  bushel;  flour,  50  cents  per  pound;  salt,  $1  per  pound;  pork, 
80  cents  per  pound ;  sugar,  50  cents  per  pound ;  tea,  $4  per  pound. 

Lieutenant  Pike  visited  Hugh  McGillis,  who  had  a  trading  post  at  Leech 
Lake,  and  the  next  day  Mr.  Anderson,  at  the  trading  house  of  Robert  Dickson, 
on  the  west  side  of  the  lake. 

Robert  Dickson  had  a  trading  post  near  what  is  now  St.  Cloud,  Minn.,  with 
branches  at  several  points,  including  the  post  on  the  Missouri  River.  He  cast 
his  fortunes  with  the  British  during  the  War  of  181 2,  but  after  the  war,  returned 
to  Lake  Traverse,  N.  D.,  where  he  was  the  agent  for  Lord  Selkirk.  He  had  a 
Sioux  wife  and  four  sons. 


80  HISTORY  OF  NORTH  DAKOTA 

February  12th  Lieutenant  Pike  went  on  to  Cass  Lake,  and  on  the  iSth  left 
Leech  Lake  for  the  stockade.  On  the  15th  the  Chippewas  were  in  council  with 
Lieutenant  Pike  on  the  subject  of  peace  with  the  Sioux.  Wabasha  was  a  leading 
representative  of  the  Sioux,  and  having  agreed  with  Lieutenant  Pike  to  make 
terms  of  peace  with  the  Chippewas,  sent  his  pipe  by  the  hand  of  Lieutenant  Pike 
to  be  used  as  his  representative  in  the  peace  negotiations.  The  British  traders 
had  given  the  Indian  chiefs  medals  and  British  flags  and  many  of  the  chiefs 
were  indebted  to  them  for  their  offices.  Lieutenant  Pike  was  instructed  to  take 
up  these  medals  and  flags  wherever  it  was  possible  to  do  so,  and  substitute  the 
American  flag  and  medals,  believing  that  the  efl^ect  upon  the  Indians  would  be 
salutary.  They  all  smoked  Wabasha's  pipe  and  most  of  the  chiefs  gave  up  their 
British  flags  and  medals  and  received  American  flags  and  medals  in  return. 

Lieutenant  Pike  returned  to  the  stockade  March  5th,  and  on  April  7th  left 
for  St.  Anthony  Falls,  where  they  arrived  April  nth.  He  claimed  that  his 
boats  were  the  first  to  pass  up  the  Mississippi  above  the  Falls  of  St.  Anthony. 
Having  been  promoted  brigadier-general  he  was  present  at  the  battle  of  York, 
in  upper  Canada,  April  2"],  1813,  and  was  killed  by  an  explosion  of  the  maga- 
zine at  the  fort  after  its  surrender. 

FORT  ST.   ANTHONY 

The  fort  built  at  the  mouth  of  the  Minnesota  River  was  at  first  called  Fort 
St.  Anthony,  but  in  1824,  when  Col.  Winfield  Scott  visited  the  post  he  suggested 
that  St.  Anthony,  the  name  of  a  saint  of  the  Prince  of  Peace,  was  not  a  good 
name  for  the  fort ;  that  the  name  was  foreign  to  all  of  our  associations,  besides 
being  geographically  incorrect.  The  name  was  accordingly  changed  to  Fort 
Snelling  and  the  fort  became  the  nucleus  around  which  the  first  settlements  were 
made  in  the  great  Northwest,  and  from  which' they  were  extended  to  the  Dakotas 
and  still  westward. 

THE    MANDANS  • 

The  Mandans  are  first  mentioned  in  history  by  Sieur  de  la  Verendrye,  who 
visited  them  in  1738.  In  1750  they  were  living  in  nine  villages,  near  the  mouth 
of  the  Heart  River.  Two  of  these  on  the  east  side  of  the  river,  almost  extermi- 
nated by  disease  and  by  war  with  the  Sioux,  consolidated,  and  moved  up  to  near 
the  mouth  of  Knife  River,  where  they  were  later  joned  by  the  other  villages. 
Here  they  were  found  by  Lewis  and  Clark.  They  were  then  estimated  at  1,250, 
and  in  1837  their  number  was  placed  at  1,600.  In  that  year  they  were  stricken 
with  smallpox,  but  thirty  lodges,  or  about  one  hundred  and  twenty-five  people, 
only  remaining,  and  forsaking  their  villages  after  the  scourge,  they  finally  settled 
down  at  Fort  Berthold  in  1845.     Their  number  in  1905  was  249. 

A  VISIT  TO  THE  MANDAN   VILLAGES 

July  7,  1806,  Alexander  Henry  left  Pembina  for  the  Mandan  villages,  accom- 
panied by  Joseph  Ducharme  and  Toussaint  A^audry,  interpreter.  The  roads  were 
heavv  from  recent  rains  and  the  horses  often  sunk  to  above  their  knees  in  mud 


FOKT  CLARK,  OX   XHK  MISSOURI,   FEBRUARY,  1834 

From  a   painting  by  Charles  Bodmer  from  "Travels   to   the  Interior  of  North  America  in 

1833-3-4,"   by   Maximilian,   Prince   of   Wied,    1843. 


FORT   U.XliiN.  ON   THI,   MISSOURI 

From  a   painting  by   Charles   Bodmer   from   "Travels  to   the  Interior  of  North   America   in 
1832-3-4,"   by   Maximilian.   Prince    of   Wied,   1843. 


HISTORY  OF  NORTH  DAKOTA  81 

and  water.  At  night  the  mosquitoes  were  intolerable,  the  horses  breaking  away 
from  their  fetters  on  several  occasions.  July  nth  they  reached  old  Fort  de 
Tremble,  on  the  Assiniboine  River,  where  in  1781  the  Crees  and  Assiniboines 
and  other  Indians  of  that  region  undertook  to  inaugurate  a  massacre  of  the 
whites  then  in  the  Indian  country.  Three  men  were  killed  at  the  fort.  The 
Indian  loss  was  fifteen  killed,  and  fifteen  more  died  of  wounds.  The  fort  was 
then  abandoned.  July  nth  Henry  reached  a  North- West  trading  post  on  the 
Mouse  River  (at  Brandon).  The  Hudson's  Bay  and  X.  Y.  companies  also  had 
trading  posts  there  at  that  time.  F.  A.  Larocque  was  in  charge  of  the  North- 
West  Company  post.  Charles  Chaboillez,  Jr.,  Allen  McDonald  and  Hugh 
McCracken  were  also  there,  and  they  accompanied  Mr.  Henry  to  the  Mandan 
villages. 

After  crossing  the  Mouse  River  they  kept  a  lookout  for  the  Sioux.  Mr. 
Henry  writes :  "We  must  be  on  our  guard  against  the  Sioux,  the  natural  ene- 
mies of  all  tribes  in  these  parts.  They  perpetually  wander  about  in  search  of 
straggling  Mandans  or  Gros  Ventres  (Hidatsas)  and  sometimes  cross  the  River 
la  Souris  in  hope  of  falling  in  with  Assiniboines  and  Crees,  who  frequently  hunt 
along  this  river." 

July  19th  they  reached  the  Mandan  villages.  The  women  were  hoeing  corn 
some  distance  from  their  village  with  well  armed  Indians  on  the  lookout  for  fear 
of  the  Sioux. 

Mr.  Henry  speaks  of  the  large  quantity  of  corn,  beans,  squashes,  tobacco 
and  sunflowers  raised  by  these  Indians,  and  of  their  manner  of  caching 
(secreting)  their  produce  where  it  would  not  be  likely  to  be  disturbed  by  their 
enemies  in  case  of  an  attack. 

Mr.  Henry's  party  met  Jean  Baptiste  Lafrance  with  a  small  stock  of  goods, 
which  he  brought  from  the  Brandon  House  for  the  purpose  of  trade  at  the 
Mandan  villages.  As  soon  as  Black  Cat,  their  Indian  host,  learned  who  Mr. 
Henry  was,  he  produced  the  flag  given  him  by  Lewis  and  Clark,  October  29, 
1804,  and  kept  thafflying  as  long  as  they  remained. 

Mr.  Henry  relates  that  he  saw  the  remains  of  an  excellent  large  corn  mill 
which  Lewis  and  Clark  had  given  the  Indians.  They  had  broken  it  and  used  the 
iron  to  barb  their  arrows ;  the  largest  piece,  which  they  could  not  work  into  any 
weapon,  was  used  to  break  marrow  bones  of  the  animals  killed  in  hunting. 

Henry's  party  crossed  the  Missouri  in  boats,  made  of  willows  and  buffalo 
skins,  called  bull-boats. 

Six  Arikaras  came  into  the  village  while  Mr.  Henry  was  there  to  treat  for 
peace.  Some  of  their  people  had  accompanied  a  Sioux  war  party  the  fall  before 
and  killed  five  Mandans.  The  Mandans  had  made  a  return  visit,  killing  two 
Arikaras  and  had  sent  them  word  that  they  intended  to  exterminate  the  whole 
tribe.  These  emissaries  had  accordingly  come  up  to  make  peace.  The  Hidatsa 
were  called  into  council,  about  thirty  arriving  on  horse  back  at  full  speed.  The 
Arikaras  were  directed  to  return  at  once  to  their  village  and  tell  their  chief. 
Red  Tail,  that  if  he  really  desired  peace  he  must  come  in  person  and  then  they 
would  settle  matters;  and  if  he  did  not  come  they  would  find  him  as  soon  as 
their  corn  was  gathered,  and  show  him  what  the  Hidatsa  and  Mandans  could 
do  when  exasperated  by  Arikara  treachery. 

About   100  Mandans  came   in  with   their  horses  loaded   with  meat    from  a 


82  HISTORY  OF  NORTH  DAKOTA 

day's  hunt  for  buffalo.  It  was  the  custom  of  the  Mandans  to  hunt  in  large  bodies 
and  to  completely  surround  one  herd  and  kill  all  of  the  animals  so  as  not  to 
alann  the  other  herds. 

When  the  hunting  party  returned  they  would  divide  with  the  neighbors, 
where  there  was  no  one  to  hunt  for  them,  before  resting  themselves,  and  some- 
times all  was  given  away  and  others  in  turn  divided  with  the  generous  givers. 

THE    MANDAN    CIRCULAR    HUTS 

The  circular  hut  where  Henry  lodged,  measured  ninety  feet  from  the  front 
door  to  the  opposite  side.  The  whole  space  was  first  dug  out  to  a  depth  of  about 
iy2  feet  below  the  surface.  In  the  center  was  a  fire  place,  about  five  feet  square, 
dug  out  about  two  feet  below  the  surface.  The  lower  part  of  the  hut  was  con- 
structed by  erecting  strong  posts  about  six  feet  out  of  the  ground,  set  at  equal 
distances  from  each  other.  Upon  these  were  laid  logs  as  large  as  the  posts  to 
form  the  circle.  On  the  outside  were  placed  pieces  of  split  wood,  seven  feet  long, 
in  a  slanting  position,  one  end  resting  on  the  ground  and  the  other  leaning  against 
the  cross  logs.  Upon  these  beams  rested  rafters  the  thickness  of  a  man's  leg, 
twelve  to  fifteen  feet  long,  slanting  enough  to  shed  water,  and  laid  so  close  that 
they  touched  each  other.  Four  large  posts  in  the  center  of  the  lodge  supported 
four  square  beams  on  which  the  upper  end  of  the  rafters  were  laid.  At  the  top 
there  was  an  opening  about  four  feet  square  which  served  for  chimney  and  win- 
dow. There  was  no  other  opening  to  admit  light,  and  when  it  rained  even  this 
opening  was  closed.  The  whole  roof  was  well  thatched  with  willows,  laid  on 
to  a  thickness  of  six  inches  or  more,  fastened  together  in  a  very  compact  manner 
and  well  secured  to  the  rafters.  Over  the  whole  was  spread  about  a  foot  of 
earth.  Around  the  wall  to  the  height  of  three  feet  or  more,  earth  was  laid  to 
the  thickness  of  about  three  feet,  for  security  in  case  of  attack  and  for  warmth 
in  winter. 

The  door  was  5  feet  broad  and  6  high,  made  of  raw  buffalo  hides,  stretched 
on  a  frame  and  suspended  from  one  of  the  beams  which  formed  the  circle.  Every 
night  the  door  was  barricaded  with  a  long  piece  of  timber  supported  by  two  stout 
posts  on  the  inside"  of  the  hut,  one  on  each  side  of  the  door.  A  covered  porch, 
7  feet  wide  and  10  feet  long,  extended  from  the  door. 

At  the  left  of  the  entrance  was  a  triangular  apartment,  fronting  the  fire,  con- 
structed of  square  timbers,  twelve  feet  high,  calked  tight  to  keep  out  the  draft 
from  the  door.  On  the  right  of  the  door  was  an  open  space  to  hold  fire-wood  in 
winter.  Between  the  partitions  and  the  fire  was  about  five  feet,  occupied  by  the 
master  of  the  hut  during  the  day,  seated  on  a  mat  of  willows.  10  feet  long  and  4 
feet  broad,  raised  from  the  floor  and  covered  with  skins,  forming  a  sofa  or  couch. 
Here  he  sat  all  day  and  sometimes  through  the  night,  smoking  and  talking  with 
friends.  At  the  left  of  this  apartment  were  the  beds,  at  the  other  end  of  the 
hut  was  the  "medicine"  stage,  containing  everything  the  Indian  valued  most.  Here 
or  on  the  wall  near,  he  kept  his  arms  and  ammunition.  Next  to  this  was  the 
mortar  and  pestle  for  grinding  grain.  The  remainder  of  the  space  was  vacant. 
This  was  a  typical  Mandan  hut,  seldom  occupied  by  more  than  one  family. 

July  2ist  in  visiting  the  upper  village  they  passed  extensive  fields  of  corn, 
beans,  squashes  and  sunflowers ;  the  women  and  children  were  employed  in  hoeing 


?Sii- 


•,v.r»*i*n-r-»~!^f^tS-?^  — 


DOG  SLEDGES  OF  THE  MANDAN  INDIANS 

From   a   painting   by   Cliarles   Bodmer    from   "Travels   to   the   Interior   of   North    America    In 

1833-3-4,"   by   Maximilian,   Prince    of   VVled,   1843. 


INTERIOR  OF  THE  HUT  OF  A  MANDAN  CHIEF 

From   a   painting   by   Charles   Bodmer    from   "Travels   to   the   Interior   of   North   America   In 

1833-3-4,"   by   Maximilian,   Prince   of   Wied,    1843. 


HISTORY  OF  NORTH  DAKOTA  83 

and  clearing  their  plantations.  On  the  road  there  were  natives  passing  and  re- 
passing, afoot  or  on  horseback,  the  whole  view  presenting  the  appearance  of  a 
country-  inhabited  by  civilized  people.  At  the  fourth  village  the  inhabitants  fol- 
lowed them  in  crowds  and  made  fun  of  them.  Here  they  found  Charles  McKen- 
zie,  whom  Lewis  and  Clark  met  at  the  Mandan  villages,  and  James  Caldwell, 
who  had  a  temporary  trading  post  there  in  the  interest  of  the  North-West 
Company.  Le  Borgne  was  the  chief  of  this  village.  He  was  absent  at  the  Chey- 
enne villages  in  connection  with  a  proposed  treaty  of  peace,  and  Henry  and  party 
accompanied  the  representatives  of  the  Mandan  village  tribes  to  the  place  of  meet- 
ing— a  point  west  of  Sugar  Loaf  Butte,  southwest  of  Bismarck,  on  the  west  side 
of  the  Missouri.  The  meeting  would  have  resulted  in  war  had  not  the  women 
and  children  accompanied  the  warriors  from  the  Mandan  villages,  x^s  a  peace 
treaty  it  was  a  failure. 

In  preparing  for  the  trip  to  the  treaty  grounds,  which  was  to  be  somewhat  in 
the  nature  of  a  fair,  where  every  one  showed  his  best  products  and  his  best 
clothes,  Henry  states  he  was  surprised  to  see  what  a  store  of  treasures  the  people 
of  the  Mandan  villages  had  on  hand ;  he  was  confident  they  had  provisions  enough 
cached  to  last  them  at  least  twelve  months. 

One  of  the  pastimes  of  the  Mandans  was  running  long  foot  races  in  order 
to  be  prepared  to  take  care  of  themselves  if  dismounted  in  battle.  The  race  was 
at  least  six  miles.  They  made  it  entirely  naked,  and,  on  their  return,  covered  with 
perspiration  and  dust,  they  would  plunge  into  the  Missouri.  They  also  indulged 
in  horse  racing,  during  which  they  would  carry  on  their  warlike  maneuvers  on 
horseback,  feigning  their  dilTerent  attacks  upon  the  enemy,  giving  their  strokes 
of  the  battle  axe  and  thrusts  of  the  spear. 

Mr.  Henr\'  speaks  of  the  custom  of  the  Indians  to  bathe  in  the  river  morning 
and  evening,  without  regard  to  sex,  their  neighbors  or  visiting  strangers,  and  other 
customs  no  longer  practiced  among  the  tribes  since  the  advent  of  religious 
instruction. 

.\N    OLD    B.\TTT.IiFrEID 

Henry  visited  the  battle  ground  where  about  1790,  some  600  lodges  of  the 
Sioux  attacked  and  attempted  to  subdue  the  Hidatsas.  They  had  made  peace 
with  the  Souliers  and  Mandans  and,  therefore,  pitched  their  tents  between  the 
Hidatsas  and  Knife  River,  thinking  they  would  be  able  to  cut  ofT  their  water  sup- 
ply. Here  they  remained  fifteen  days,  keeping  guard,  but  the  Hidatsas,  mounting 
their  best  horses,  would  reach  the  Missouri  in  spite  of  the  Sioux  (tliough  several 
were  killed),  and  thus  secured  an  abundance  of  water.  The  Sioux  compelled 
the  Mandans  to  supply  them  with  food,  during  the  siege  which  was  raised  after 
several  skirmishes,  leaving  300  dead  on  the  field  of  battle. 

Another  account  states  that  the  Yanktons  and  Tetons  were  fiercely  engaged 
with  the  Hidatsa  and  the  battle  was  first  going  in  favor  of  one  and  then  the 
other,  when  reinforcements  of  Hidatsa  arrived,  accompanied  by  a  large  party  of 
Crows.  Observing  with  what  fury  the  battle  was  raging  at  the  front,  they 
determined  to  surround  the  enemy  by  turning  to  the  left,  without  being  seen,  as 
the  countr\-  permitted  this  movement  and  they  rode  up  a  deep  vallev  so  far  away 
as  not  to  be  in  sight  of  the  enemy.     Keeping  on  the  south  side  of  these  rising 


84  HISTORY  OF  NORTH  DAKOTA 

grounds,  they  went  full  speed  into  the  valley  which  led  down  to  the  rear  of  the 
enemy.  There  they  fell  in  with  a  great  number  of  women  who  had  accompanied 
their  husbands  in  full  expectation  of  destroying  and  plundering  the  Mandan  vil- 
lages. j\Iany  of  these  were  killed  and  others  taken  prisoners.  The  party  then 
appeared  on  rising  ground  in  the  rear  of  the  Sioux  and  attacked  with  fury,  dealing 
death  and  destruction  on  every  hand.  The  Sioux,  overpowered  by  numbers  and 
exhausted  by  fatigue,  were  obliged  to  give  way,  but  their  retreat  was  cut  oft'  and 
they  were  so  hard  pressed  that  they  were  obliged  to  throw  themselves  into  the 
Missouri  and  attempt  to  swim  across.  Many  were  killed  in  the  river  and  but  few 
survived  to  return  to  their  country.  The  villages  were  surrounded  by  a  stockade, 
mainly  built  of  driftwood,  at  the  time  of  Henry's  visit. 

July  28th,  Henry  left  the  Mandan  villages,  accompanied  by  Mr.  Charles  Mc- 
Kenzie  and  James  Caldwell.  The  party  consisted  of  ten  men  with  twentv-tive 
horses.  July  30th,  they  found  the  plains  in  many  places  covered  with  water. 
August  3d,  they  passed  the  Dog  Den,  and  the  next  day  eight  of  their  horses  broke 
their  tethers,  being  frightened  by  a  herd  of  bufTalo.  The  buffalo  were  so  numerous 
that  they  had  to  build  a  barricade  around  the  camp  to  prevent  being  run  over.  It 
was  with  the  greatest  difficulty  that  they  were  able  to  cross  the  Mouse  River,  the 
banks-  where  they  reached  it  being  low  and  miry  and  the  river  overflowed.  At 
the  head  of  the  Turtle  Mountains  they  found  several  recent  camps  of  the  Assini- 
boines.  The  Mouse  River  region  was  said  to  be  infested  with  horse  thieves  at  this 
time,  and  that  probably  accounts  for  the  fact  that  the  lost  horses,  although  hobbled, 
were  not  recovered. 

The  trip  was  for  the  purpose  of  purchasing  horses  and  was  a  failure,  and 
resulted  in  the  North-West  Company  withdrawing  from  the  Mandan  trade. 

THE    .\RIK.\R.\S 

In  1770,  French  traders  established  relations  with  the  Arikaras  (sometimes 
mentioned  as  Rees,  Ricarees  or  Aricarees)  then  occupying  their  villages  below  the 
Cheyenne  River,  in  what  is  now  South  Dakota.  There  were  then  ten  powerful 
villages,  but  they  were  reduced  by  war  and  disease  to  three,  when  found  by 
Lewis  and  Clark.  Their  number  was  then  estimated  at  600  warriors,  or  about 
2,100  people.  In  1888  they  were  reduced  to  500,  and  the  census  of  1905  placed 
their  number  at  380. 

THE    IIID.\TS.\ 

The  Hidatsa  or  Gros  \'entres,  of  the  Missouri,  or  Minctarees,  as  they  were 
called  by  Lewis  and  Clark,  were  first  known  to  the  whites  when  living  in  the 
vicinity  of  Knife  River,  in  North  Dakota.  They  occupied  three  villages  near  the 
Knife  River,  and  when  visited  by  Lewis  and  Clark,  numbered  600  warriors,  or 
about  2,100  people.  They  learned  agriculture  of  the  Mandans,  and  when  the 
trading  post  was  established  at  old  Fort  lierthold,  they  moved  up  to  that  point. 
Reduced  by  war  and  disease,  the  population  in  1905  was  only  471. 

Since  the  removal  of  these  allied  tribes  to  Fort  Berthold,  they  have  been 
known  as  the  Berthold  Indians. 

The  census  of  1910  shows  a  slight  increase  in  the  number  of  these  Indians 


HISTORY  OF  NORTH  DAKOTA  85 

among  wliom  are  many  noble  specimens  of  humanity,  who  have  the  commendable 
pride  in  their  ancestry  common  to  all  humanity. 

IDEAL    INDTAN    HOMES 

When  first  visited  by  the  whites,  these  Indians  were  living  in  ideal  Indian 
homes.  Their  circular  earth-covered  huts  were  comfortable  in  summer  and  shel- 
tered the  old  and  infirm  in  winter.  Of  food  and  the  means  of  clothing  there  was 
an  abundance.  They  were  strong  and  fleet,  and  as  the  sun  "arose  from  his  bed 
in  the  dark" — to  adopt  an  Indian  figure  of  speech — it  gave  warmth  and  gladness, 
and  when  it  "dropped  below  the  light.''  they  slept,  with  none  excepting  the  Sioux 
to  make  them  afraid.  Their  women  laughed  in  their  hearts,  and  the  light  sparkled 
in  the  eyes  of  their  children,  like  the  sunshine  dancing  on  the  waterfall.  The 
Great  Spirit  made  their  hearts  good,  and  there  was  no  one  to  tell  them  lies,  until 
the  white  man  went  among  them,  carrying  the  blighting  curse  which  has  always 
followed,  and  always  will  follow  the  introduction  of  mto.xicating  liquor  as  a 
beverage  among  an  ignorant  people. 

The  Mandans,  Arikaras  and  Gros  \'entres  having  spent  the  summer  raising 
their  crops  of  corn  and  vegetables,  prepared  secure  places  for  caching  their  sur- 
plus, lest  marauding  Sioux  might  capture  the  camp  during  their  absence.  Only 
the  old  and  infirm,  and  the  young  and  helpless,  were  left  at  the  summer  home, 
the  active  force  retiring  to  the  Bad  Lands  for  the  winter. 

This  winter  exodus  usually  occurred  in  October.  The  Indians  having  credit 
with  the  traders  were  trusted  for  the  supplies  of  ammunition  or  other  things  nec- 
essary for  their  winter  equipment,  while  some  deposited  their  war  bonnets  of 
eagle  feathers,  or  other  valuables,  as  a  pledge  that  they  w'ould  pay  when  they 
returned  from  the  chase.  Many  left  valuables  consisting  of  dnmis,  rattles,  lances, 
not  required  in  the  winter  camp,  in  charge  of  the  trader  within  his  fort,  feeling 
that  they  would  be  safe  in  case  the  ever-feared  Sioux  should  make  an  attack 
upon  their  village  during  their  absence. 

During  the  winter  absence  the  summer  camp  was  in  terror  lest  the  Sioux  attack 
them,  and  great  anxiety  prevailed  in  the  winter  camp,  lest  their  loved  and  helpless- 
be  attacked  while  defenseless. 

The  independent  traders  usually  made  it  a  point  to  accompany  the  Indians 
to  their  winter  camps,  and  gather  the  fruits  of  trade  in  the  field,  leaving  the 
established  traders  to  glean  whatever  might  be  left. 

During  the  hours  of  preparation,  the  women  would  patiently  await  their 
turn  to  sharpen  knives  and  axes  on  the  grindstones  furnished  by  the  trader  for 
that  purpose,  while  the  young  men  dressed  in  their  finest  trappings,  and  painted 
in  the  height  of  Indian  fashion,  would  ride  their  gaily  caparisoned  horses  pell-mell 
about  the  camp,  or  engage  in  horse  racing  or  games.  The  old  men  organized,  and 
the  "soldiers"  took  charge,  and  then  the  duly  appointed  haranguer  announced  the 
orders  governing  every  step  in  the  preparation  for  the  move,  commencing  with 
"pull  down  your  tepees  and  get  ready  to  move  !"  Their  lodges  were  quickly  pulled 
down  by  the  women  and  the  poles  either  tied  in  bundles  5or  convenience  or  used' 
for  the  travois.  The  women  did  all  of  the  labor ;  they  saddled  the  ponies,  har- 
nessed the  horses  and  dogs  to  the  travois,  packed  and  loaded  the  goods,  and, 
if  necessary  to  cross  the  ^Missouri  or  other  stream,  paddled  the  men  across  in 


86  HISTORY  OF  NORTH  DAKOTA 

"bull-boats";  their  horses,  fastened  by  long  lariats,  made  from  strips  of  buffalo 
skins,  swimming  in  the  rear. 

The  march  being  taken  up,  the  head  of  the  family  took  the  lead,  followed  by 
his  horses,  dogs,  women  and  children,  household  effects,  and  camp  equipage;  the 
very  young  children  and  puppies  being  strapped  on  the  travois. 

No  chief  was  so  great  that  he  dared  disobey  the  warriors,  or  head  men  of  the 
tribe  called  "soldiers,"  who  were  in  absolute  command.  They  directed  the  march, 
selected  the  stopping  places,  lingered  at  the  rear  to  prevent  loitering,  and  none 
could  hunt  without  permission,  or  separate  in  any  manner  from  the  column. 

The  winter  camps  were  in  the  Bad  Lands,  formed  by  erosion,  usually  200  or 
300  feet  below  the  general  level  of  the  prairie.  They  were  cut  by  numerous 
gullies  and  ravines,  called  breaks,  giving  small  valleys,  affording  shelter,  excellent 
winter  grazing,  and  an  abundance  of  timber  for  fuel  and  for  erecting  their  tem- 
porary homes.  There  was  also  an  abundance  of  game,  consisting  of  deer, 
mountain  sheep,  bear,  beaver,  wolves,  and  as  the  winter  advanced  in  severity,  buf- 
falo came  in  for  shelter.  The  grasses  matured  before  frost,  and  when  winter 
came  they  were  in  the  condition  of  hay,  and  the  animals  quickly  learned  to  paw 
away  the  snow,  and  feed  as  contentedly  on  the  sun-cured  grasses  thus  exposed, 
as  the  stock  in  the  eastern  farmer's  barnyard  at  the  hay  or  straw  stack,  though 
on  food  of  much  better  quality. 

It  was  these  features  which  led  Theodore  Roosevelt  in  1881  to  become 
a  citizen  of  North  Dakota,  establishing  a  cattle  ranch  at  Chimney  Butte,  near 
Medora,  in  the  verj'  heart  of  the  Bad  Lands. 

To  guard  against  storm,  or  in  preparation  for  surrounding  the  buffalo,  when 
there  might  be  no  time  or  opportunity  for  grazing,  the  women  stripped  bark 
from  the  young  cottonwood  trees,  or  the  limbs  of  the  last  year's  growth,  which 
made  good  food  for  the  Indian  ponies. 

The  place  having  been  selected  for  the  winter  home — which  was  liable  to 
change  at  any  time  if  conditions  did  not  prove  satisfactory — the  skin  lodges 
were  erected,  and  then  the  women  felled  the  timber  and  erected  temporary  cabins 
covered  with  poles,  rushes,  reeds  or  long  grass  and  earth.  The  chimneys  were 
built  of  sticks  and  clay.  The  buildings  stood  in  a  circle  opening  at  the  rear  into 
an  open  space,  covered  in  the  same  manner  as  the  houses,  used  in  common  for 
the  horses. 

SOCIAL    LIFE   AMONG   THE    INDIANS 

Notwithstanding  the  manifold  duties  of  the  women,  they  found  time  to  attend 
the  meetings  of  the  several  societies,  or  clubs,  to  which  they  had  become  attached. 
Some  of  these  societies,  organized  much  after  the  plan  of  the  women's  clubs  of 
the  present  day,  were  known  as  the  "White  Cow  Band,"  the  white  buffalo  being 
a  sacred  animal ;  one  was  the  "Goose  Band,"  and  still  others  were  distinguished 
by  names  descriptive  of  some  esteemed  game,  such  as  the  "Black  Tailed  Deer," 
etc.  Indians  having  several  wives,  each  belonging  to  different  societies,  found 
it  rather  strenuous  sometimes,  as  it  was  customary  for  each  to  entertain  with 
feasting  and  dancing  in  turn.  Some  of  their  defenseless  husbands  made  that 
an  excuse  for  gambling,  but  when  their  losses  of  the  necessaries  of  life  became 


HISTORY  OF  NORTH  DAKOTA  87 

unbearable,  their  wives  seldom  failed  to  break  up  the  game,  and  teach  their  hus- 
bands a  much-needed  lesson. 

The  men  spent  most  of  their  time  hunting,  watching  the  stock,  visiting, 
gambling  and  telling  stories,  until  the  buffalo  made  their  appearance,  when  all 
was  hurry  and  bustle. 

Thus  the  seasons  would  pass,  several  ''surrounds"  of  buft'alo  happening  each 
winter,  and  in  the  spring  they  would  return  to  their  permanent  camp,  where 
the  women  would  prepare  the  ground  and  plant  and  harvest  the  crop;  the  men, 
as  before,  devoting  their  attention  to  visiting,  gambling,  hunting  and  war. 


CHAPTER  VII 
GRAFT  IN  THE  INDIAN  TRADE 

ETERNAL   VIGILANCE    THE    PRICE   OF   LIBERTY THE    COUNTRY    OVERRUN    BY    INDIAN 

TRADERS THE  UNITED  STATES  AS  A  FACTOR ORGANIZATION   OF  THE  AMERICAN 

FUR   COMPANY THE  LORDS  OF  THE  LAKES  AND  FORESTS — FORT   WILLIAM — THE 

SELKIRK  PURCHASE  AND  COLONY THE  SEVEN  OAKS  MASSACRE — SELKIRK  VISITS 

THE  RED  RIVER  COLONY CHURCHES  AND  SCHOOLS  ESTABLISHED. 

"It  is  the  common  fate  of  the  indolent,  to  see  their  rights  become  a  prey  to  the  active. 
The  condition  upon  which  God  hath  given  liberty  to  man  is  eternal  vigilance;  which  con- 
dition, if  he  break,  servitude  is  at  once  the  consequence  of  his  crime  and  the  punishment  of 
his  guilt." — John  Philpot  Curran,  Speech  upon  the  Right  of  Election,  l7go. 

GRAFT    IN    THE   INDIAN    TRADE 

The  use  of  public  office  for  the  purpose  of  gain  to  the  individual  is  now  called 
"graft,"  and  those  who  prey  upon  and  mislead  the  people  for  their  own  personal 
advantage,  are  called  "grafters,"  but  it  is  no  new  thing  in  the  world.  In  1804 
Captain  Lewis  commented  upon  this  system  then  in  vogue  in  Louisiana,  under 
Spanish  rule.  The  governor  had  assumed  to  himself  the  exclusive  right  to  dis- 
pose of  trading  privileges  aiuong  the  Indians,  selling  licenses  for  personal  gain. 
They  were  offered  to  the  highest  bidder,  \arj'ing  in  value  according  to  the  extent 
of  the  country  they  embraced,  the  Indian  nations  occupying  that  country,  and 
the  period  for  which  they  were  granted.  They  yielded  all  the  income  to  the 
authorities  the  trade  would  bear.  The  traders  at  this  period  supplied  the  Indians 
with  arms,  ammunition,  intoxicating  liquors,  and,  indeed,  anything  they  wished 
to  buy,  charging  them  exorbitant  prices,  and  the  governor  profited  by  the  excess. 

OTHER   LINES   OF   GRAFT 

But  graft  did  not  end  with  Spanish  rule,  nor  with  the  retirement  of  the 
British  traders.  The  history  of  the  fur  trade,  and  the  development  of  the  West 
is  full  of  instances,  and  it  is  well  for  the  people  to  remember,  even  yet,  that 
"eternal  vigilance  is  the  price  of  liberty." 

Joseph  Rolette,  an  early  Pembina  trader,  was  too  successful  in  the  estima- 
tion of  his  rivals,  and  too  popular  with  the  Indians  to  suit  their  purposes,  and  so 
they  elected  him  to  the  Minnesota  Legislature,  and  by  that  means  got  him  out 
of  the  way  for  a  time  at  least. 


HISTORY  OF  NORTH  DAKOTA  89 

Gen.  William  H.  Ashley,  who  was  one  of  the  most  successful  of  the  early 
traders,  was  disposed  of  by  being  sent  to  Congress,  and  it  was  charged  that  at 
the  end  of  his  term  he  was  paid  a  large  salary  to  stay  away  from  the  Indian 
country. 

When  Indian  treaties  were  made  for  the  alleged  benefit  of  the  Indians  and 
to  promote  the  interests  of  trade,  the  "grafter"  was  on  hand  to  claim  his  share 
from  both  the  Indian  and  the  traders.  The  Minnesota  massacre  was  largely  the 
result  of  his  work. 

When  the  Indian  traderships  ceased  to  be  attractive,  attention  was  turned  to 
the  military  traderships.  It  was  freely  charged  at  the  time  of  the  impeachment 
proceedings  against  United  States  Secretary  of  War  William  W.  Belknap,  that 
the  Fort  Buford,  Fort  Abraham  Lincoln  and  Fort  Rice  traderships  paid  $i,ooo 
per  month  each  for  the  influence  that  controlled  the  appointments.  Lesser  sums 
were  paid  by  the  smaller  posts.  It  was  also  charged  that  the  Indian  traderships 
contributed  to  a  fund  that  paid  a  salary  of  $5,000  per  annum  to  the  one  whose 
influence  secured  the  appointment  of  the  trader. 

When  the  Indian  lands  were  opened  to  settlement  the  "grafter"  very  fre- 
quently claimed,  for  his  influence,  50  per  cent  of  the  contract  price  for  surveys. 
When  the  mail  routes  were  established,  and  the  transportation  routes  opened, 
he  was  still  there,  and  when  counties  and  cities  were  organized,  he  lingered  near, 
and  he  is  sometimes  found  about  legislative  halls. 

COUNTRY    OVERRUN    BY    TRADERS 

Traders,  both  Spanish  and  American,  were  operating  in  1805  in  the  country 
around  St.  Louis.  British  traders  had  overrun  Minnesota  and  the  Dakotas, 
and  the  Spanish  authorities  had  equipped  galleys  to  patrol  the  Missouri  and 
Mississippi  rivers,  in  order  to  protect  the  interests  of  licensed  traders  and  pre- 
vent the  occupation  of  the  country  by  others. 

The  Indians,  themselves,  had  no  objection  to  traders,  for  the  opportunity 
to  trade  gave  them  the  means  to  buy  the  essentials  to  Indian  happiness.  They 
were  generally  friendly  to  the  British  traders  and  unfriendly  to  the  Spanish,  and 
would  frequently  lie  in  wait  to  destroy  the  galleys,  or  to  attack  the  Spanish  traders 
making  their  way  up  the  rivers.  Occasionally  they  would  be  incited  by  one  trader 
to  make  war  upon  another,  and  they  were  quick  to  recognize  the  advantage  in 
trade  held  by  the  British  over  those  of  the  United  States,  by  reason  of  the  high 
duties  the  latter  were  compelled  to  pay  on  the  leading  articles  the  Indians  desired 
to  buy. 

There  was  little,  if  any,  attention  paid  to  the  international  boundary,  and 
goods  were  being  shipped  into  the  United  States  territory  without  the  payment 
of  duty  by  the  British  traders.  Rival  British  traders  occupied  the  whole  of  the 
Canadian  boundary ;  the  British  flag  was  flying  over  their  fortified  posts  at  almost 
every  available  point  for  trade,  and  when  the  hour  of  national  distress  came,  they 
led  the  Indians  as  their  allies  in  the  War  of  1812. 

Although  the  Hudson's  Bay  Company  claimed  the  Red  River  Valley  and  had 
made  an  attempt  to  occupy  it,  the  aggressive  force  was  the  North-West  Company, 
which  was  occupying  every  available  point  for  trade. 


90  HISTORY  OF  NORTH  DAKOTA 

THE   UXITED    STATES    AN    INDIAN    TRADER 

Lieutenant  Pike  left  the  impression  among  the  Indians  and  traders  that  it 
was  the  intention  of  the  Government  to  not  only  interfere  with  and  restrict  the 
sale  of  intoxicating  liquors,  but  to  establish  Government  stores  at  which  goods 
should  be  sold  to  the  Indians  at  cost,  allowing  them  a  reasonable  price  for  fur 
in  exchange  for  goods,  and  in  accordance  with  this  policy,  an  attempt  to  do  this 
was  made  by  the  Government.  The  treaty  with  the  Osage  in  November,  1808, 
by  Capt.  Meriwether  Lewis,  then  governor  of  Louisiana,  provided  that  the  L^nited 
States  should  establish  permanently  a  well  assorted  store  to  be  kept  at  Fort 
Clark,  Mo.  (also  known  as  Fort  Osage),  for  the  purpose  of  bartering  with 
the  Indians  on  moderate  terms  for  their  furs  and  peltries,  such  store  to  be  kept 
open  at  all  seasons  of  the  year.  This  article  of  the  treaty  was  eliminated  by 
amendment,  in  the  treaty  of  1822,  the  United  States  paying  the  Indians  $2,329.40 
to  be  relieved  from  that  provision  of  the  treaty.  Similar  agreements  had  been 
made  for  trading  facilities  with  other  Indian  tribes,  from  which  the  Government, 
also,  secured  release. 

It  was  believed  that  it  was  the  true  policy  of  the  Government  to  draw  the 
Indians  within  the  plane  of  civilization,  and  that  to  furnish  them  goods  at  cost 
and  pay  them  the  full  value  for  their  peltries,  would  be  an  object  lesson  that  would 
lead  them  in  that  direction. 

The  factories  established  by  the  Government  were  mainly  east  of  the  Mis- 
sissippi River.    There  was  only  Fort  Osage  west  of  the  Missouri. 

While  undertaking  to  furnish  the  Indians  with  goods  at  cost,  the  Govern- 
ment issued  licenses  to  other  traders  desiring  to  enter  into  competition.  The 
private  trader  advanced  supplies,  and  whatever  the  Indian  might  require  when 
he  started  on  the  hunt,  generally  accompanying  him,  and  securing  his  furs  as 
fast  as  taken.  The  Government  stores  could  not  give  credit,  nor  could  they  sell 
intoxicating  liquors  to  the  Indians,  but  the  private  traders  smuggled  liquors  into 
the  country  and  satisfied  their  yearning  for  it.  The  Government  traders  were 
required  to  sell  American  goods,  but  the  American  blankets  and  other  goods 
were  not  then  equal  to  those  imported,  and  could  not  be  sold  to  the  Indians  in 
competition  with  English  goods.  The  private  trader  usually  spoke  the  Indian 
language,  was  personally  acquainted  with  the  Indians  and  had  an  interest  in 
securing  trade  and  in  the  profits  resulting  therefrom,  but  the  Government  trader 
was  a  salaried  person,  had  nothing  to  gain  by  making  sales  and  nothing  to  lose 
if  he  failed.  The  system  was  abandoned  in  1822,  largely  through  the  persistent 
efTorts  of  United  States  Senator  Thomas  H.  Benton  of  Missouri,  who  led  the 
assaults  upon  it  in  the  interests  of  the  American  Fur  Company,  having  its  west- 
ern headquarters  at  St.  Louis. 

THE  AMERICAN    FUR  COMPANY 

The  American  Fur  Company  was  organized  under  a  charter  granted  by  the 
State  of  New  York,  approved  April  6,  1808.  John  Jacob  Astor  was  the  com- 
pany. Auxiliary  companies  were  organized  for  special  purposes  and  special 
places,  and  called  by  various  names,  Astor  retaining  a  controlling  interest  in 


o 

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O 


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HISTORY  OF  NORTH  DAKOTA  91 

each,  and  merging  the  business  of  each  with  that  of  the  American  Company,  for 
whicli  he  sought  the  markets  of  the  world. 

The  Pacific  Fur  Company,  organized  June  lo,  1810,  was  one  of  these  special 
organizations.  A  part  of  the  company  was  sent  by  sea  to  the  mouth  of  the 
Columbia  River  on  the  Pacific  coast,  and  other  members  went  overland,  leav- 
ing the  Arikara  villages  on  the  Missouri  River  June  12,  181 1,  reaching  Astoria 
the  following  January.  In  1816  Congress  passed  an  act,  excluding  foreigners 
from  the  fur  trade  in  the  territory  of  the  United  States,  excepting  in  subordinate 
capacities  under  American  management.  This  was  brought  about,  in  part,  by 
the  activity  of  the  traders  during  the  War  of  1812,  on  behalf  of  Great  Britain, 
but  due  largely  to  the  influence  of  Mr.  Astor.  This  gave  him  the  opportunity 
to  take  up  the  interests  of  the  North-West  Company  in  the  United  States,  which 
he  consolidated  with  the  South-West  Company,  previously  organized,  and  the 
Pacific  Fur  Company,  and  enabled  him  to  recoup  his  previous  losses  on  the 
Pacific  coast. 

The  American  Fur  Company  was  reorganized  in  1817,  and  a  western  depart- 
ment established  with  headquarters  at  St.  Louis.  Ramsey  Crooks  became  the 
general  agent,  assisted  by  Robert  Stuart.  Russell  Farnham  was  the  chief  repre- 
sentative on  the  Mississippi,  and  to  him  is  given  the  credit  of  being  the  first  to 
carry  the  trade  of  the  American  Fur  Company  into  the  Missouri  River  region. 
Pierre  Choteau,  and  his  associates,  became  interested  in  the'company  in  1829. 

The  Missouri  Fur  Company  was  reorganized  in  1818,  its  membership  then 
consisting  of  Manuel  Lisa,  Thomas  Hempstead,  Joshua  Pilcher,  Joseph  Perkins, 
Andrew  Wood,  Moses  Carson,  John  B.  Immel  and  Robert  Jones. 

FORT   WILLIAM 

For  many  years  Grand  Portage  was  the  headquarters  of  the  fur  trade  on 
the  great  lakes,  but  under  the  treaty  of  amity  and  commerce  of  1794,  between 
the  United  States  and  Great  Britain,  known  as  the  John  Jay  treaty,  it  was  pro- 
vided that  all  British  forts  within  the  territory  of  the  United  States  should  be 
evacuated  within  two  years.  Accordingly  Grand  Portage  was  abandoned,  Fort 
William — so  named  for  William  McGillivray,  the  Montreal  manager  of  the 
North-West  Company — was  established,  and  the  headquarters  were  transferred 
to  that  post. 

Fort  William  overlooking  the  bay  on  the  north  side  of  Lake  Superior  was 
surrounded  by  a  palisade  and  in  its  center  stood  the  headquarters  building,  with 
its  walls  hung  with  costly  paintings,  and  beautifully  decorated.  There  was  a 
council  chamber  and  parlor  where  the  members  of  the  company,  known  as  part- 
ners, and  their  guests  were  entertained.  The  dining  room,  supplied  with  tables 
for  the  various  employees  as  well  as  for  the  managers,  the  partners  and  their 
guests,  was  60  by  30  feet  in  extent.  There  were  private  rooms  for  the  partners 
at  either  end  of  the  dining  hall,  which  was  flanked  by  sleeping  rooms,  and  a 
large  kitchen  and  other  conveniences.  There  were,  also,  the  general  store, 
within  the  stockade,  the  canteen  or  liquor  store,  the  warehouses  and  workshops, 
and  the  home  of  the  resident  partners  and  employees.  Several  hundred  persons 
were  usually  camped  in  the  vicinity  of  the  fort,  some  seeking  pleasure  and  others 
waiting  for  employment  when  the  busy  season  should  commence. 


92  HISTORY  OF  NORTH  DAKOTA 

The  members  of  the  company  who  spent  the  winters  in  the  field  were  called 
the  "wintering  partners."  Others  were  at  Fort  William  in  order  to  receive  and 
forward  general  goods  and  furs,  and  still  others,  at  Montreal,  managing  the 
general  interests  of  the  company,  buying  and  selling  supplies  and  products. 

They  practically  controlled  the  trade  of  the  lakes  and  forests,  and  the  streams 
entering  the  lakes.' 

Washington  Irving  wrote  of  the  power  of  these  autocrats : 

"The  partners  held  a  lordly  sway  over  the  wintry  lakes  and  boundless  forests 
of  the  Canadas,  almost  equal  to  the  East  India  Company  over  the  voluptuous 
climes  and  magnificent  realms  of  the  Orient.'' 

And  of  its  decadence: 

"The  feudal  state  of  Fort  William  is  at  an  end ;  its  council  chambers  no 
longer  echo  in  the  old  world  ditty ;  the  lords  of  the  lakes  and  forests  have  passed 
away." 

The  annual  meeting  of  the  company  was  held  at  Fort  William,  and  on  these 
occasions,  and  on  holidays,  banquets  were  given  to  the  visiting  partners  that  were 
almost  regal  in  character.  The  tables  were  supplied  with  every  luxury  from  the 
east  and  the  west — with  game  from  the  forests,  and  choicest  of  the  finny  tribes 
from  the  lakes  and  streams,  and  the  most  costly  wines  and  liquors.  As  the 
morning  hours  approached  and  the  festivities  reached  the  carousal  stage,  restraint 
was  relaxed  and  the  doors  were  thrown  open,  when  the  voyageurs,  servants  and 
attendants  were  permitted  to  look  on  and  laugh,  if  not  to  participate  in  the  merry 
pranks  and  songs  of  the  wine-heated  partners  and  their  guests. 

THE    VOYAGEURS 

The  canoe,  which  was  the  only  means  of  transportation  between  the  East  and 
the  West,  was  made  of  birch  bark,  and  carried  from  one  and  one-half  to  four 
tons  of  freight,  or  an  equivalent  number  of  passengers,  and  swiftly  sped  over 
the  lakes  and  streams,  manned  by  voyageurs,  merrily  singing  some  favorite  ditty, 
such  as: 

"Row,  brother,  row ;  the  stream  runs  fast. 
The  rapids  are  near  and  the  daylight  is  past," 

and  when  the  rapids  were  reached,  they  would  as  merrily  carry  boat  and  freight 
over  the  portage,  around  the  rapids,  or,  from  one  stream  to  another,  and  pass 
on,  singing: 

"Faintly  as  tolls  the  evening  chime, 
Our  voices  keep  tune  and  our  oars  keep  time." 

Also  for  the  evening  the  following  was  a  favorite : 

"Sing  nightingale,   keep   singing, 
Thou  hast  a  heart  so  gay; 
Thou  hast  a  heart  so  merry, 
While  mine  is  sorrow's  prey." 

Several  hundred  descendants  of  these  people  became  residents  of  North 
Dakota.     They  had  passed  through  all  the  experiences  to  be  encountered  in 


ATTACK  ON  THE  NARRAGANSETT  INDIANS  AT  SOUTH  KINGSTON 
From   Abbott's   King    Philip. 


THE   \OVAGEUR8  AT  THE  PORTAGE 


HISTORY  OF  NORTH  DAKOTA  93 

frontier  life,  beginning  with  the  happy  Hfe  of  the  voyageur,  participating  in  the 
dangers  of  war,  and  in  the  excitement  of  the  chase,  setthng  down,  at  last  to 
the  quiet  life  of  the  rancher  and  farmer. 

Peter  Grant,  who  established  the  first  trading  post  at  the  mouth  of  the  Pem- 
bina, heretofore  mentioned,  was  an  interesting  writer.  Of  the  canoe  service  he 
said; 

"The  North- West  Company's  canoes,  manned  with  five  men,  carry  about  three 
thousand  pounds.  They  seldom  draw  more  than  eighteen  inches  of  water,  and  go 
generally  at  the  rate  of  si.x  miles  an  hour  in  calm  weather.  When  arriving  at  a 
portage,  the  bowman  instantly  jumps  into  the  water,  to  prevent  the  canoe  from 
touching  the  bottom,  while  the  others  tie  their  slings  to  the  packs  in  the  canoe 
and  swing  them  on  their  backs  to  carry  over  the  portage.  The  bowman  and 
steerman  carry  the  canoe,  a  duty  from  which  the  middlemen  are  exempt.  The 
whole  is  conducted  with  astonishing  expedition,  a  necessary  consequence  of  the 
enthusiasm  which  always  attends  their  long  and  perilous  voyages.  It  is  pleasant 
to  see  them,  when  the  weather  is  calm  and  serene,  paddling  in  their  canoes,  sing- 
ing in  chorus  their  simple,  melodious  strains  and  keeping  exact  time  with  their 
paddles,  which  effectually  beguiles  their  labors.  When  they  arrive  at  a  rapid, 
the  guide  or  foreman's  business  is  to  explore  the  waters  previous  to  their  running 
down  with  their  canoes,  and,  according  to  the  height  of  water,  they  either  lighten 
the  canoe  by  taking  out  part  of  the  cargo  and  carry  it  overland,  or  run  down 
the  whole  load. 

THE   SELKIRK    COLONY 

In  1801  Sir  Alexander  Mackenzie  published  an  account  of  his  explorations, 
which  attracted  the  attention  of  Thomas  Douglas,  Earl  of  Selkirk,  who  conceived 
the  idea  of  colonizing  a  consideraljle  number  of  the  homeless  people  of  his  own 
land  where  a  strong  and  loyal  community  might  be  built  up.  He  endeavored  to 
interest  the  Hudson's  Bay  Company  in  a  colonization  scheme,  but  failed  to  secure 
concessions  from  them;  it  being  their  policy  to  prevent  settlement  and  to  retard 
development,  and  hold  the  country  for  the  Indian  trade  entirely.  Thereupon  he 
proceeded  quietly  to  purchase,  through  his  own  resources  and  the  assistance  of 
his  friends,  a  controlling  interest  in  the  stock  of  that  company,  and  having  accom- 
plished this,  on  May  30,  181 1,  the  company  sold  to  him  110,000  square  miles  of 
the  land,  embracing  all  of  the  Red  River  within  the  British  possession,  and  the 
streams  tributary  thereto,  witli  other  lands.  Selkirk  was  materially  assisted  in 
accomplishing  his  purpose  by  the  accounts  of  the  explorations  of  Lewis  and  Clark 
published  in  England  and  other  foreign  countries. 

THE    SELKIRK    PURCH.\SE 

The  country  purchased  by  Selkirk,  without  other  consideration  than  his  agree- 
ment to  colonize  it,  covered  an  area  of  upwards  of  seventy  million  acres,  described, 
in  detail,  as  follows  ; 

"Beginning  at  the  eastern  shore  of  Lake  Winnipeg,  at  a  point  on  52°  50' 
north  latitude,  and  thence  running  due  west  to  Lake  Winnipegoosis,  otherwise 
called  Little  Winnipeg;  thence  in  a  southerly  direction  through  said  lake,  so  as 


94  HISTORY  OF  NORTH  DAKOTA 

to  strike  its  western  shore  in  latitude  52°  ;  thence  due  west  to  the  place  where 
parallel  52°  intersects  the  western  branch  of  the  Red  River;  thence  due  south 
from  that  point  of  intersection  to  the  height  of  land  which  separates  the  waters 
running  into  Hudson  Bay  from  those  running  into  the  Missouri  and  Mississippi 
rivers;  thence  in  an  easterly  direction  along  the  height  of  land  to  the  source  of 
the  River  \\'innipeg,  meaning  by  such  last  named,  the  principal  branch  of  the 
■  waters  which  unite  in  the  Lake  Saginalis ;  thence  along  the  main  stream  of  those 
waters  and  the  middle  of  the  several  lakes  through  which  they  flow,  to  the  mouth 
of  the  River  Winnipeg,  and  thence  in  a  northerly  direction  ihrough  the  middle 
of  Lake  Winnipeg  to  the  place  of  beginning,  which  territory  shall  be  called 
Assiniboia." 

The  grant  embraced  nearly  all  of  what  is  now  Manitoba,  and  a  small  portion 
of  North  Dakota.  Having  thus  secured  the  land,  Selkirk  sought  to  interest  in  his 
colonization  scheme  the  Scotch  Highlanders,  who  were  at  that  time  being  evicted 
from  the  Sutherland  and  other  estates  in  Scotland.  The  Sutherland  estate  em- 
braced some  seven  hundred  square  miles  of  well  populated  territory.  All  tenants 
within  a  defined  district  were  ordered  to  vacate  within  a  given  time,  and  when 
that  time  expired,  if  any  remained,  they  were  forcibly  evicted,  whether  sick  or 
well,  and  their  homes  given  to  the  flames.  It  was  partly  to  meet  the  needs  of  this 
class  of  peojile,  to  find  "homes  for  the  homeless,"  who  formed  the  bulk  of  his 
colony,  that  Selkirk  undertook  the  work  of  colonization. 

Lender  these  conditions  it  was  not  difficult  to  obtain  colonists,  and  that  year 
he  dispatched  seventy  persons  to  the  Red  River  ^'alley,  who  arrived  the  year 
after,  followed  by  fifteen  or  twenty  more  the  next  year,  by  ninety-three  in  1814; 
by  100  in  1815;  about  two  hundred  and  seventy  being  Scotch  Llighlanders,  of 
whom  130  became  permanent  settlers. 

The  first  party  was  in  command  of  Capt.  Miles  JNIacdonnell,  who  had  seen 
service  in  the  British  army,  the  colonists  meeting  with  opposition  and  petty  an- 
noyances from  the  start  by  agents  of  the  North-West  Company,  who  were,  also 
opposed  to  the  settlement  of  the  country.  Other  parties  leaving  England  for 
the  colony  were  interrupted  and  annoyed  by  North-West  Companv  influences  ; 
some  of  its  designing  members  having  purchased  stock  in  the  Hudson's  Bay 
Company,  hoping  to  defeat  Selkirk's  project. 

The  colonists  were  not  only  distressed  before  they  left  for  Rupert's  Land,  as 
the  country  came  to  be  known,  but  there  was  sickness  and  trouble  at  sea,  and 
when  they  arrived  at  York  factory,  Hudson  Bay,  September  24,  181 1,  they  were 
landed  without  any  previous  preparations  to  receive  them,  and  even  the  sick  were 
without  shelter.  Their  trip  to  the  Red  River  the  next  spring,  through  an  unset- 
tled country,  though  by  canoe,  was  an  arduous  one. 

After  they  reached  the  Red  River  they  were  aimoyed  in  every  conceivable 
manner,  by  persons  dressed  in  Indian  garb,  threatening  them  and  committing 
petty  depredations  upon  their  property,  for  the  purpose  of  frightening  them ;  out- 
rages which  it  was  intended  should  be  attributed  to  the  Indians.  Finally  140  of 
the  colonists  were  led  away  by  agents  of  the  North-W^est  Company,  who  prom- 
ised them  land  in  Canada,  a  year's  provisions,  and  other  considerations,  but  the 
more  sturdy  ones  refused  to  leave.  June  25,  1815,  these  were  attacked  by  the 
Bois  Brule,  as  the  half-bloods  were  called,  one  of  their  number  killed,  several 
wounded,  and  their  homes  burned.     Those  who  survived  were  driven  away,  but 


HISTORY  OF  NORTH  DAKOTA  95 

were  piloted  to  the  Hudson's  Bay  Company  factory,  on  Lake  Winnipeg,  by 
friendly  Indians. 

The  distrust  natural  to  the  Indians  had  gradually  been  displaced  by  a  liking 
for  the  colonists,  not  only  because  they  offered  a  market  for  meats  the  traders 
refused  to  buy,  but  for  their  sturdy  integrity.  Unlike  the  majority  of  their  race, 
whose  preconceived  opinions,  as  will  be  noted  further  on,  were  not  flattering  to 
the  whites  in  general,  they  had  found  white  men  who  were  not  liars,  and  were 
not  trying  to  harm  or  take  advantage  of  them,  and  though  they  ridiculed  their 
"tender  feet,"'  they  stood  ready  to  act  in  their  defense,  and  all  eflforts  to  induce 
them  to  attack  the  colonists  failed. 

On  the  arrival  of  the  new  settlers  in  June,  1815,  the  colonists  who  had  been 
driven  away,  returned  and  rebuilt  their  cabins  and  harvested  their  crdps.  Because 
no  preparations  had  been  made  to  receive  the  colonists  of  that  year,  and  on  ac- 
count of  the  scarcity  of  provisions,  seventy-five  of  the  strongest  went  to  Pembina 
where  there  was  a  deserted  trading  post,  which  was  fitted  up  for  their  comfort, 
and  a  lumiber  of  new  cabins  erected.  The  buli'alo  were,  also,  abundant  near 
Pembina,  and  pemmican  could  be  obtained  for  food  from  the  Indians. 

The  succeeding  winter  was  a  severe  one,  the  mercury  sometimes  falling  to 
45  degrees  below  zero,  with  deep  snows.  Their  supplies  of  foocj  jdvere  very  low, 
but  with  pemmican  obtained  from  the  Indians,  fish — caught  through  holes  in  the 
ice — from  the  river,  and  an  occasional  dog,  which  they  relished  under  the  cir- 
cumstances, they  managed  to  subsist  during  the  winter,  and  in  the  spring  they 
gathered  the  seed-balls  of  the  wild  rose  and  acorns,  which,  cooked  with  buffalo 
fat,  afforded  nutritious  aliment. 

During  the  trouble  with  the  settlers  in  the  summer  of  181 5,  Governor  ^^liles 
Macdonnell  had  been  arrested  and  carried  away  from  the  colony  by  Duncan 
Cameron,  the  Xorth-West  Company  governor,  acting  as  an  alleged  Canadian 
officer,  and  the  artillery  belonging  to  the  Hudson's  Bay  Company  post  had  been 
seized,  on  the  ground  that  it  had  been  used  to  break  the  peace,  when  used  in 
defense  of  the  colony.  But  among  the  new  arrivals  that  year  was  Robert  Semple, 
a  former  officer  of  the  British  army,  who  assumed  the  duties  of  governor  of  the 
colony.  He  spent  a  portion  of  the  winter  at  Pembina,  where  the  Xorth-\\'est 
Company  had  a  trading  post,  known  as  the  Pembina  House.  This  he  seized,  and 
arrested  the  managers — who  were  afterwards  released — and,  also,  in  ]\Iay,  1816, 
attacked  and  razed  a  post  belonging  to  the  company,  known  as  Fort  Gibraltar, 
which  was  in  charge  of  Cameron,  using  the  material  to  strengthen  the  defenses 
at  Fort  Douglas,  the  Hudson's  Bay  Company  post,  and  to  rebuild  the  homes  of 
the  settlers. 

Fort  Gibraltar  was  erected  for  the  old  X.  Y.  Company,  the  :Montrea!  rival  of 
the  North-West  Company,  represented  by  John  Wills. 

The  stockade  was  made  of  oak  logs,  split  in  two,  fifteen  feet  high.  There 
were  eight  buildings,  viz.,  four.  64,  36,  28  and  32  feet  in  length,  respectively,  and 
a  blacksmith  shop,  a  stable,  a  kitchen  and  an  ice  house.  Twenty  men  were 
engaged  a  year  in  its  construction. 

Fort  Douglas,  the  site  of  the  settlement  of  the  Selkirk  Colony,  was  one  mile 
below  the  confluence  of  the  Red  and  Assiniboine  rivers.  Here  was  the  residence 
of  the  governor.  Selkirk  gave  it  the  name  Kildonan,  in  1817,  in  honor  of  the  set- 
tlers who  came  from  Kildonan  parish  in  Scotland. 


96  HISTORY  OF  NORTH  DAKOTA 

111  the  spring  of  1816,  the  settlers  left  their  quarters  at  Pembina,  known  as 
Fort  Daer,  occupied  winters  by  members  of  the  colony  until  1823,  and  planting 
their  crops,  looked  for  favorable  returns  and  for  peace,  yet  fearing  the  worst, 
for  the  retaliatory  measures  adopted  by  Governor  Semple  had  made  bloodshed 
almost  certain. 

THE    GOVERNOR   AND    SETTLERS    KILLED 

On  June  16,  1816,  the  settlers  were  again  attacked  by  the  Bois  Brule,  and 
the  governor  and  twenty-one  out  of  twenty-eight  of  his  officers  and  men  were 
shot  and  killed  at  Seven  Oaks,  whereupon  Fort  Douglas  was  surrenderd  to  the 
representatives  of  the  North-West  Company.  The  attacking  party  was  com- 
manded by  Cuthbert  Grant,  and  the  attack  was  planned  by  Duncan  Cameron, 
the  chief  officer  of  the  North- West  Company,  especially  instructed  to  destroy  the 
colony.  Through  many  kindnesses  done  the  colonists,  and  through  being  able  to 
speak  their  languages,  he  had  succeeded  in  planting  the  seeds  of  discord,  and  in 
leading  away  the  major  portion  of  the  colony  before  the  attack  of  the  previous 
year. 

It  may  be  doubted  that  murder  was  intended.  The  I\Iontreal  traders  had  been 
the  first  to  explore  and  open  the  country  to  trade,  followed  by  the  Hudson's  Bay 
Company  at  every  important  point.  The  Hudson's  Bay  Company's  grant  to 
Selkirk  embraced  much  of  a  country  which  the  North-West  Company  regarded 
their  own  by  right  of  discovery  or  original  French  leases  or  grants,  and  by  occu- 
pation. Selkirk  jiad  given  them  a  limited  time  in  which  to  leave  the  territory, 
and  his  agents  had  captured  their  Fort  Gibraltar  and  razed  it,  taking  absolute 
command  of  the  river,  interrujiting  their  communication  with  their  frontier  posts 
and  paralyzing  their  business ;  and  he  had  also  captured  their  post  at  Pembina. 
He  failed  to  supply  his  colonists  with  provisions  or  means  of  cultivating  the  soil, 
but  had  not  neglected  to  furnish  them  with  arms  and  ammunition,  and  a  battery 
of  artillery,  and  Governor  Macdonnell  had  thoroughly  drilled  them,  exciting  the 
belief  that  the  colony  was  to  be  used  as  a  military  force  to  crush  the  North-\\'est 
Company  and  utterly  destroy  their  business.  This  Cameron  was  expected  to 
prevent. 

At  Sault  Ste.  Alarie,  on  his  way  to  this  colony,  Selkirk  learned  of  the  murder 
of  Governor  Semple  and  his  party.  His  expedition  consisted  of  about  two  hun- 
dred and  fifty  men;  among  them  100  men  of  the  DeMeuron  and  Watteville 
regiment,  whom  he  had  hired  to  go  to  the  colony  and  defend  it,  if  need  be;  150 
canoe  men  and  other  employees.  He  immediately  proceeded  to  Fort  William, 
the  headquarters  of  the  North-West  Company,  and,  acting  as  a  magistrate,  ar- 
rested all  of  the  principal  men  connected  with  the  company,  and  sent  them  to 
Canada  for  trial.  He  wintered  at  Fort  William,  proceeding  to  his  colony  the  next 
spring,  and  upon  his  arrival  in  June,  restored  order  and  confidence.  He  gave  deeds 
for  the  lands  on  which  his  settlers  had  made  improvements,  made  treaties  with 
the  Indians  for  the  extinguishment  of  their  title  to  the  lands  he  claimed,  made 
a  treaty  of  peace  with  the  Sioux,  and,  though  a  Protestant,  he  urged  the  Catholic 
authorities  to  establish  a  mission  at  Fort  Douglas,  and  for  this  purpose  gave 
twenty-five  acres  for  the  church,  and  a  tract  of  land,  5  miles  long  by  4  miles 
wide,  promising  any  additional  aid  he  or  his  friends  might  be  able  to  render. 


HISTORY  OF  NORTH  DAKOTA  97 

THE   CHURCH    AND   SCHOOLS    ESTABLISHED 

For  150  years  the  Hudson's  Bay  Company  had  owned  and  occupied  Rupert's 
Land.  They  had  generally  prospered,  and  their  stock  had  paid  large  dividends, 
and  yet,  in  all  that  land,  there  was  neither  church  nor  chapel,  priest  nor  teacher — 
not  a  single  school  had  been  founded.  Uut  this  condition  was  to  prevail  no 
longer. 

In  February,  1816,  selection  was  made  by  the  Bishop  of  Quebec  of  the  person 
to  establish  the  mission  requested  by  Selkirk,  and  for  which  his  colonists  had 
petitioned.  July  16,  1818,  Father  Joseph  Provencher  and  his  companion.  Father 
Joseph  Severe  Dumoulin,  arrived  at  Fort  Douglas,  and  established  a  mission 
which  thereafter  was  known  as  St.  Boniface.  Soon  after  their  arrival  grasshop- 
pers visited  the  Red  River  country,  and  completely  destroyed  the  crops  of  the 
settlers,  forcing  the  new  colonists,  who  arrived  that  year,  also  to  go  to  Pembina, 
where  there  was  already  a  considerable  settlement. 

Father  Dumoulin  went  to  Pembina  the  latter  part  of  August,  and  Septem- 
ber 8,  1818,  celebrated  mass  at  Pembina,  the  first  Christian  service  within  the 
limits  of  what  is  now  North  Dakota. 

He  founded  a  school,  which  was  placed  in  charge  of  William  Edge,  and  when 
the  Vicar  General  (Provencher)  arrived  in  January,  1819,  there  were  sixty 
pupils  in  the  school,  and  300  people  in  the  parish,  while  at  St.  Boniface,  the  foun- 
dation of  Winnipeg,  there  were  about  fifty.  The  first  teachers  in  the  school  at  St. 
Boniface  were  the  two  Misses  Nolan,  Pembina  girls  and  daughters  of  the  trader. 
Of  the  commercial  advantages  of  Pembina,  the  Vicar  General  thus  wrote  to 
the  bishop : 

"That  post  is  for  the  present  very  important.  From  there  I.  with  all  of  the 
colony,  receive  all  of  my  provisions.     I  shall  continue  to  build  there.'' 

He  spoke  of  his  chapel  at  St.  Boniface,  80x35  feet,  and  his  "shop"  at  Pem- 
bina, 24x18  feet,  with  a  presbytery,  60x30  feet.  He  was  disquieted  by  the  infor- 
mation that  Pembina  was  on  the  American  side  of  the  international  boundary  line, 
and  admitted  that  his  plan  had  been  disarranged  by  the  information,  but  he 
intended  "to  continue  to  build,  for  Father  Dumoulin  must  spend  the  winter 
there." 

In  1819  and  1820,  the  grasshoppers  again  destroyed  the  crops,  leaving  the 
colonists  entirely  dependent  upon  Pembina  for  subsistence.  Provencher  spent 
the  winter  of  1819-20  at  Pembina.  Almost  every  one  had  left  St.  Boniface 
for  the  winter. 

In  1820  Provencher  was  appointed  coadjutor  bishop  of  Quebec  with  the 
title  of  Bishop  of  Juliopolis,  and  May  12,  1822,  was  consecrated.  He  returned 
to  St.  Boniface  in  August,  1822,  after  an  absence  of  two  years  from  the  colony, 
to  find  that  the  Hudson's  Bay  Company  had  insisted  upon  the  withdrawal  of  the 
priests  from  Pembina,  for  the  reason  that  it  was  on  the  American  side.  This  was 
determined  by  observations  made  by  David  Thompson  for  the  North- West  Com- 
pany in  1798,  and  confirmed  in  August,  1823,  by  Maj.  Stephen  H.  Long,  the 
priests  having  withdrawn  the  previous  January. 

.Some  of  the  settlers  after  the  withdrawal  of  the  priests  founded  the  parish 
of  St.  Francis  Xavier,  and  others  went  to  Fort  Snelling,  and  various  points  in 
the  United  States,  the  colonists  generally  returning  to  St.  Boniface,  as  they  had 


98  HISTORY  OF  NORTH  DAKOTA 

been  in  the  habit  of  doing,  each  spring.  Father  Diimoulin  was  heart-broken  over 
the  destruction  of  the  interests  he  had  built  up  at  Pembina,  and  returned  to 
Canada,  where  he  died  in  1853. 

Hudson's  bay  company  and  north-west  company  amalgamated 

Regarding  the  amalgamation  of  the  Hudson's  Bay  and  North-West  com- 
panies, the  following  letter  was  written  by  Alexander  Lean  to  Peter  Fidler,  both 
members  of  the  Hudson's  Bay  Company,  at  London,  !May  21,  1821 : 

"I  received  your  esteemed  favor  of  the  14th  August  last  from  Norway  House. 
I  thank  you  much  for  the  information  it  contained.  I  shall  now,  in  return,  give 
vou  such  intelligence  as  will,  I  trust,  not  only  be  agreeable  to  you  but  to  every 
individual  in  the  service. 

"In  the  first  place,  all  misunderstanding  between  the  honorable  company 
and  the  North-West  Company  is  totally  at  an  end.  You  are  to  know  that  the 
honorable  company  caused  it  to  be  announced  in  the  Gazette  and  daily  papers, 
that  a  general  board  of  proprietors  would  be  held  at  their  house  on  Monday,  the 
26th  March  last.  It  was  so  held  and  many  of  the  Hudson's  Bay  and  North-West 
proprietors  attended.  Tendency  of  this  meeting  was  to  promulgate  that  a  union 
between  the  two  companies  had  taken  place.  I  cannot  enumerate  the  resolutions 
which  unanimously  passed  on  the  occasion,  let  it  suffice  for  me  to  acquaint  you 
that  it  appears  to  have  been  a  well-digested  plan,  which  eventually  will  tend  to 
the  advantage  of  both  companies. 

"Mr.  Garry,  a  gentleman  of  the  honorable  committee,  accompanied  by  Mr. 
Simon  McGillivray,  has  embarked  for  New  York,  from  thence  to  Montreal  in 
order  to  proceed  to  the  company  settlements,  the  North-West  stations  and  Red 
River.  If  you  should  see  Mr.  Garry  you  will  find  him  a  gentleman  in  every 
respect,  and  deserving  respectful  attention.  The  whole  concern  will  be  appor- 
tioned into  shares  to  which  the  North-West  agent  will  be  entitled. 

"I  was  present  at  the  general  board  (being  a  proprietor)  and  after  the  busi- 
ness was  concluded  a  mutual  congratulation  passed  between  the  governor,  etc., 
and  myself,  and  I  sincerely  wish  every  individual,  a  fellow  laborer  in  the  same 
vineyard  in  which  I  was  till  lately,  joy  on  the  happy  event." 

Peter  Fidler  was  a  surveyor  and  a  very  well-known  officer  in  the  service  of 
the  Hudson's  Bay  Company ;  John  Wills,  the  Pembina  manager  of  the  North- 
West  Company,  is  mentioned  in  the  will  of  Mr.  Fidler,  dated  Atigust  16,  1821. 


CHAPTER  VIII 
THE  NORTHWEST  TERRITORY 

VINCENNES  THE  KEY — CLARK  AND  HAMILTON WAYNE  AND  THE  TREATY  OF  GREEN- 
VILLE— POST    VINCENTS    OR    VINCENNES JOHN    TANNER,    THE    WHITE    CAPTIVE 

AT  OLD  PEMBINA — PE-SHAU-BA's  RECOLLECTIONS  AND  DEATH LORD  SELKIRK 

AND  TANNER THE  SHAWNEE  PROPHET MESSENGER  AT  PEMBINA THE  SIOUX 

AT    THE    GATES JEFFERSON    TO    ADAMS DRAWING    THE    LINE — HARRISON    AND 

TECUMSEH ^BATTLE    OF   TIPPECANOE THE    PASSING   OF    TENKSWATAWA. 

"For  one  by  one,  the  scattered  race 
Hath  slowly  dropped  from  time  and  space. 
All  silently  they  slipped  away, 
As  shadows  pass  at  close  of  day. 
So  vanish  like  the  morning  dew, 
The  older  clans  before  the  new." 

— Susan  H.  IVixon,  "Indian  Toztm." 

VINCENNES    THE    KEY 

The  country  north  of  the  Ohio  Ri\er  had  come  into  the  possession  of  the 
United  States  through  the  capture  of  Post  \'incents.  or  Vincennes,  by  Col.  George 
R.  Clark,  with  the  co-operation  of  Patrick  Henry,  who  was  the  first  governor 
of  Virginia  and  held  the  office  by  successive  re-elections  until  1779,  and  was 
again  elected  at  the  close  of  the  Revolutionary  war. 

The  post,  which  was  of  great  importance  for  trade,  was  located  on  the  east 
bank  of  the  Wabash  River,  in  Indiana,  150  miles  above  its  junction  with  the 
Ohio  River,  and  was  taken  from  the  British,  who  had  acquired  the  territory  in 
1763,  and  had  held  it  for  a  period  of  nineteen  years. 

The  fort  was  built  by  Francois  Morganne  de  la  Vincenne,  an  officer  in  the 
service  of  the  King  of  France,  in  the  fall  of  1702,  on  the  site  of  the  present 
City  of  Vincennes.  The  plot  of  ground  was  held  until  1839,  when  it  was 
divided  and  sold  in  lots.  It  owed  its  origin  to  military  necessity  for  protecting 
French  possessions,  and  was  one  of  a  contemplated  chain  of  forts  to  connect 
Canada  with  Louisiana.  It  was  built  of  logs,  and  when  it  was  torn  down  in 
1820.  the  logs  were  used  in  the  construction  of  private  houses. 

The  Indians  were  friendly  and  assisted  in  building  the  fort,  and  ainong  the 
tribes  surrounding  the  location  was  the  Shawnee.  It  was  one  time  called  "Fort 
Sackville''  by  the  British,  in  honor  of  Sir  Thomas  Sackville,  earl  of  Dorset,  and 
prime  minister  of  Great  Britain  when  that  governinent  assumed  possession  of 
the  territory,  but  the  change  was   never  acknowledged  by  the  citizens  of   the 

''  99229IJ 


100  HISTORY  OF  NORTH  DAKOTA 

town.  Colonel  Clark  changed  the  name  to  "Fort  Patrick  Henry,"  but  it  did  not 
stand.  The  founder  of  the  fort  was  burned  at  the  stake  after  a  battle  with  the 
Chickasaws,  on  Easter  Sunday,  1736.  He  refused  to  join  in  the  retreat,  and 
remained  with  his  wounded  and  dying  soldiers  in  the  hands  of  the  Indians. 

The  British  commander,  Henry  Hamilton,  lieutenant  governor  and  superin- 
tendent, held  the  fort  when  besieged  by  Colonel  Clark,  and  notes  of  capitulation 
between  officers  were  exchanged  February  24,  1779,  Great  Britain  surrendering 
to  Virginia  for  the  following  reasons : 

"The  remoteness  from  succor,  the  state  and  quantity  of  provisions ;  unanimity 
of  officers  and  men  in  its  expediency;  the  honorable  terms  allowed,  and,  lastly 
the  confidence  in  a  generous  enemy."  During  the  siege  one  of  Clark's  men  was 
wounded,  and  in  the  fort  seven  men  were  badly  wounded  out  of  a  garrison  of 
seventy-nine  men. 

The  most  powerful  Indian  in  the  country  was  "Tobacco's  Son,"  who  was 
friendly  to  Clark. 

IMPORTANCE  OF  THE  SURRENDER 

This  was  one  of  the  most  important  periods  in  its  consequences  in  the  history 
of  the  American  Revolution,  for  the  reason  that  owing  to  this  conquest,  and  the 
consequent  civil  and  military  control  of  the  Northwest,  we  were  able  to  secure 
in  the  Treaty  of  Paris,  made  by  representatives  of  Great  Britain  and  the  United 
States  after  the  close  of  the  war,  the  concession  of  the  Mississippi  River  for 
our  western  boundarj'. 

The  land  lay  between  the  Alleghanies  and  the  Mississippi,  embracing  the 
states  of  Ohio,  Indiana,  Illinois,  Michigan,  Wisconsin  and  Minnesota.  The 
states  of  Virginia,  Maryland,  Massachusetts,  New  York  and  Connecticut,  claimed 
a  portion  of  this  country  by  virtue  of  their  charters  from  the  king,  but  each,  in 
turn,  surrendered,  New  York,  Virginia  and  Maryland  not  yielding  until   1781. 

THE  TREATY  OF   PARIS,    I783 

The  definitive  treaty  of  peace  between  the  United  States  and  Great  Britain  was 
signed  at  Paris  on  September  3,  1783,  by  John  Adams,  Benjamin  Franklin  and 
John  Jay,  on  the  part  of  the  United  States,  and  David  Hartley  for  Great  Britain, 
between  Prince  George  III,  by  the  grace  of  God,  king  of  Great  Britain,  France 
and  Ireland,  defender  of  the  faith,  etc.,  and  the  United  States  of  America,  con- 
sisting of  the  states  of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina  and  Georgia, 
acknowledged  by  his  Britannic  Majesty  to  be  free,  sovereign  and  independent 
states. 

After  the  conquest  by  Clark  the  country  around  Vincennes  became  a  part 
of  the  Commonwealth  of  Virginia.  In  1784  Thomas  Jeflferson  proposed  that 
■Congress  should  divide  the  domain  into  ten  states,  but  the  proposition  failed. 
In  1786  the  Northwest  Territory  treaties  were  made  by  the  United  States  with 
the  Shawnees. 


HISTORY  OF  NORTH  DAKOTA  101 

THE  ORDINANCE  OF   I787 

In  1787,  a  bill  was  passed  by  Congress  entitled  "An  Ordinance  for  the  Gov- 
ernment of  the  Territory  of  the  United  States  Northwest  of  the  River  Ohio." 

The  ordinance  was  modeled  after  the  constitution  accepted  by  the  people  of 
the  State  of  Massachusetts  in  1780,  and  Daniel  Webster  said  of  it:  "No  single 
law  of  any  lawgiver,  ancient  or  modern,  has  produced  effects  of  more  distinct, 
marked,  and  lasting  character,  than  the  Ordinance  of  1787." 

It  forever  prohibited  slavery  or  involuntary  servitude,  "otherwise  than  in  the 
punishment  of  crimes  whereof  the  party  shall  have  been  duly  convicted;  pro- 
vided, always,  that  any  person  escaping  into  the  same,  from  whom  labor  or 
service  is  lawfully  claimed  in  any  one  of  the  original  states,  such  fugitive  may 
be  lawfully  reclaimed,  and  conveyed  to  the  person  claiming  his  or  her  labor  or 
services  as  aforesaid." 

It  declared  that  "Religion,  morality,  and  knowledge,  being  necessary  to  good 
government  and  the  happiness  of  mankind,  schools  and  the  means  of  education 
shall  forever  be  encouraged." 

Relative  to  the  treatment  of  the  original  owners  of  the  soil  it  clearly  sets 
forth  that :  "The  utmost  good  faith  shall  always  be  observed  toward  the  Indians ; 
their  lands  and  property  shall  never  be  taken  from  them  without  their  consent; 
and  in  their  property  rights,  and  liberty,  they  shall  never  be  invaded'or  disturbed, 
unless  in  just  and  lawful  wars  authorized  by  Congress;  but  laws  founded  in 
justice  and  humanity  shall  from  time  to  time  be  made,  for  preventing  wrongs 
being  done  to  them,  and  for  preserving  peace  and  friendship  with  them." 

The  movement  for  the  organization  of  this  territory  had  been  initiated  by 
an  organization  of  the  officers  and  soldiers  of  the  Revolutionary  war,  to  whom 
land  scrip  had  been  issued  which  had  little  value,  and  it  was  hoped  that  the  sale 
of  the  fertile  lands  in  this  region  would  enable  them  to  use  or  dispose  of  their 
holdings.  Soldiers,  trappers,  hunters,  and  others  who  had  passed  beyond  the 
Alleghanies,  had  excited  an  interest  in  the  country  which  demanded  its  develop- 
ment. Further  treaties  with  the  Indians  were  necessary,  however,  in  order  to 
develop  the  country. 

WAYNE  AND   THE  TREATY   OF  GREENVILLE 

An  important  movement  having  been  decided  upon  by  the  United  States 
Government,  which  Gen.  Anthony  Wayne  was  commissioned  to  lead,  he  passed 
the  spring  and  .summer  of  1793  at  Fort  Washington  (now  Cincinnati,  Ohio)  in 
recruiting  and  drilling  his  men,  proceeding  on  October  7th  of  that  year  to  the 
region  now  designated  as  Darke  County,  where  he  erected  Fort  Greenville,  passing 
the  winter  there. 

After  repeated  failures  to  negotiate  treaties  of  peace  with  the  Indians,  he 
gave  them  fair  warning  and  then  declared  war,  which  ended  August  20,  1794, 
in  a  victory  for  Wayne.  The  result  was  that  on  June  10,  1795,  a  council  of 
delegates  from  the  Indian  nations  convened  at  Greenville  and  on  August  3,  1795, 
the  Treaty  of  Greenville  was  signed  by  Ma j. -Gen.  Anthony  Wayne,  commanding 
the  armies  of  the  United  States,  commissioner  on  behalf  of  the  United  States 
for  the  occasion,  and  ninety  chiefs  and  delegates  of  twelve  tribes  of  Indians,  viz.. 


102  HISTORY  OF  NORTH  DAKOTA 

the  Wyandots,  Delawares,  Shawanoes,  Ottavvas,  Oiippewas,  Pottawatamies, 
Miamis,  Eel  River,  VVeeas,  Kickapoos,  Piankashaws  and  Kaskaskias,  yielding  to 
the  United  States  their  rights  to  all  the  territory  south  and  east  of  the  line  then 
fixed.  The  line  passed  up  the  Cuyahoga  and  across  the  Tuscarawas  Portage  to 
the  forks  of  the  Tuscarawas  near  Fort  Lawrence,  and  then  south  of  west  to 
Loromie's  Store,  thence  west  by  north  to  Fort  Recovery,  and  thence  southwest- 
wardly  to  the  Ohio  River,  opposite  the  mouth  of  the  Kentucky. 

The  lands  north  and  west  of  the  point  named  were  conceded  to  be  Indian 
lands  excepting  150,000  acres  granted  to  George  R.  Clark  and  his  warriors,  the 
post  at  Vincennes,  and  the  lands  adjacent  thereto  and  the  lands  at  other  places 
in  possession  of  the  whites  and  six  miles  square  at  Chicago,  Fort  Wayne, 
Defiance,  Sandusky  and  other  points  forming  a  complete  chain  of  forts  from  the 
mouth  of  the  Illinois  and  along  the  great  lakes  and  a  considerable  tract  at  Detroit, 
the  Indians  agreeing  to  allow  the  free  use  of  harbors,  mouths  of  rivers  and  of 
the  streams  and  portages  throughout  their  vast  domain  and  in  addition  to  benefits 
received  under  former  treaties  they  were  to  receive  $20,000  in  goods  and  presents 
and  $9,500  annually  forever  for  the  surrender  of  their  advantages. — injuries  and 
expenses  sustained  in  the  Indian  wars  by  the  United  States  being  taken  into  con- 
sideration. As  small  as  these  annuities  were  they  were  divided  among  the  sev- 
eral tribes  and  to  each  a  certain  portion. 

JOHN   T.\NNER,  THE  WHITE  CAPTIVE 

Among  the  characters  who  left  their  mark  on  the  early  days  of  the  Red 
River  was  John  Tanner,  son  of  a  clergyman  who  emigrated  to  the  Ohio  River  in 
1789,  and  with  his  family  had  been  settled  but  a  few  days,  when  John,  then  a- 
lad  of  twelve  years,  was  captured  by  an  Indian  from  Lake  Huron. 

His  mother  died  in  his  early  childhood.  His  father  married  again,  and  feeling 
himself  aggrieved  he  fancied  he  would  prefer  living  with  the  Indians.  Accord- 
ingly when  he  was  punished  for  a  misdemeanor  by  being  confined  to  the  house, 
he  slipped  out  unnoticed  and  ran  to  the  woods  where  there  was  a  favorite  walnut 
tree,  and  being  found  there  was  carried  away  by  Manito-o-geezhik  to  make  his 
wife's  heart  glad,  for  she  mourned  a  son  lost  by  disease. 

The  child  was  adopted  into  the  family,  but  Manito-o-geezhik  becoming  dis- 
satisfied with  him  tomahawked  him,  and  threw  him  into  the  bushes  for  dead, 
but  telling  his  squaw  where  she  could  find  him.  She,  hurrying  to  the  spot,  found 
him  still  alive  and  nursed  him  back  to  health. 

Later,  Manito-o-geezhik  sold  him  to  Net-no-kwa,  a  noted  woman,  who  was 
a  wise  and  influential  chief  of  the  Ottawas.  She  gave  Manito-o-geezhik  two  ten 
gallon  kegs  of  whisky,  a  number  of  blankets,  and  other  presents,  for  the  boy. 

Manito-o-geezhik  had  treated  him  cruelly,  telling  him  he  was  going  back  to 
his  home  to  kill  his  people,  and  after  an  absence  of  three  weeks  brought  him 
his  brother's  hat  which  had  a  bullet  hole  in  it,  and  told  him  he  had  killed  the 
whole  family.  Recognizing  his  brother's  hat.  Tanner  believed  him,  but  nearly 
thirty  years  after,  he  found  that  the  Indian  had  captured  his  brother  and  tied  him 
to  a  tree  for  the  night,  and  he  managed  to  escape  and  returned  to  his  home. 

Net-no-kwa  was  always  very  good  to  Tanner,  and  he  learned  to  love  her  as 
he  would  a  mother.  She  dressed  him  well,  allowed  him  to  play  with  other 
children  and  gave  him  enough  to  eat. 


PONCA  INDIANS  ENCAMPED  ON  THE  BANKS  OF  THE  MISSOURI 

From  a  painting  by  Charles  Bodmer   from  "Travels  to   the  Interior  of  North   America  in 

1833-3-4,"  by  Maximilian,  Prince   of  Wied,   1843. 


I  in;   I'lltST  KNtUl'XTER 
From  Abbott's  King  Philip. 


HISTORY  OF  NORTH  DAKOTA  103 

In  1792,  Net-no-kwa  had  moved  from  her  home  on  Lake  Huron  to  the  Red 
River  country  to  hunt  beaver,  and  on  her  way  her  husband  was  killed,  and  her 
son  and  son-in-law  died,  and  to  drown  trouble  she  resorted  to  stupefaction  by 
liquor,  contrary  to  former  temperate  habits,  and  thereafter  she  had  occasional 
periods  of  intoxication,  when  she  would  give  nearly  all  she  possessed  for  liquor 
for  herself  and  companions  whom  she  treated  as  royally  as  her  means  would 
permit. 

Tanner  remained  with  his  foster-mother,  and  cared  for  her,  until  long  after 
he  became  a  man.  He  grew  into  a  mighty  hunter,  so  great  that  the  Indians 
became  jealous  of  him,  and  one  tomahawked  him  when  he  was  asleep  in  his  tent, 
and  another  shot  him,  and,  although  severely  wounded  in  both  cases,  he 
recovered. 

Although  taken  away  from  his  home  when  so  young,  and  entirely  forgetting 
his  mother  tongue,  having  been  trained  in  Indians  ways  of  thought  and  expres- 
sion, he  stated  that  he  had  always  been  conscious  of  his  entire  dependence  upon 
a  superior  being  and  invisible  power,  but  that  he  had  felt  this  conviction  much 
more  powerfully  in  time  of  distress  and  danger,  and  knew  that  the  Great  Spirit 
saw  and  heard,  when  he  called  on  him  to  pity  the  distress  of  himself  and  family. 

Tanner  was  noted  for  his  integrity  and  bravery,  and  it  is  related  of  him 
that  he  once  brought  two  parcels  of  fur  to  the  Red  River  trading  post,  one  of 
which  he  sold  to  pay  a  debt  to  the  North-West  Company  trader,  intending  to  lise 
the  other  to  settle  with  the  Hudson's  Bay  Company,  but  in  that  he  was  violently 
opposed  by  the  trader  of  the  former  company,  who  when  persuasion  failed  to 
change  his  purpose,  threatened  him  with  bodily  injury,  and  Tanner  still  per- 
sisting in  having  his  own  way,  the  trader  placed  a  pistol  to  his  breast,  when 
Tanner,  undaunted,  pointing  to  his  bare  bosom,  told  him  to  "fire  away,"  declaring 
that  though  he  was  a  stranger  in  a  strange  land,  a  captive  and  a  slave,  he  would 
not  raise  a  weapon  against  any  man  and  then  refrain  from  killing  him  because 
he   was    afraid. 

This  exhibition  of  courage  gained  him  the  liberty  to  dispose  of  his  furs  to 
suit  him.self,  and  pay  his  just  debt  to  the  rival  company. 

AT  OLD  PEMBIN.A. 

Net-no-kwa.  accompanied  by  Tanner,  arrived  at  Pembina  the  day  before 
the  advent  of  Chaboillez  in  1797,  and  found  no  indications  of  whites  having  been 
there  before.  .. 

Tanner  was  among  the  Indians  then  hunting  in  that  region,  trapping  along 
all  of  the  streams  emptying  into  the  Red  River  as  far  north  as  the  Bois  dcs  Sioux 
where  he  spent  one  winter,  often  killing  as  many  as  100  beaver  in  a  month.  He 
took  that  number  one  month  on  the  Bois  des  Sioux,  without  the  aid  of  a  gun, 
and  in  his  hunting  he  sometimes  killed  as  many  as  twenty  animals  with  a 
single  ball,  using  it  over  and  over  again. 

In  Mr.  Tanner's  "Narrative,"  he  states  that  about  the  year  1800,  it  was  no 
uncommon  thing  for  an  Indian  to  give  five  or  six  prime  beaver  skins  for  a  quart 
of  Saulteur  liquor, — a  gill  or  two  of  alcohol,  the  rest  water. 

On  the  Mouse  River,  in  the  course  of  a  single  day,   Net-no-kwa   sold    120 


104  HISTORY  OF  NORTH  DAKOTA 

beaver  skins,  with  a  large  quantity  of  other  furs,  for  rum,  at  the  price  of  six 
skins  for  a  quart. 

"Of  all  of  our  large  load  of  peltries,  the  produce  of  so  many  days  toil,  of 
so  many  long  and  difficult  journeys,  one  blanket  and  three  kegs  of  rum  only 
remained  besides  the  poor  and  almost  worn  out  clothing  on  our  backs,"  was 
Tanner's  sorrowful  reflection. 

The  price  they  paid  per  quart  was,  fairly,  the  equivalent  of  $i8,  and,  as 
Tanner  says,  "They  put  a  great  deal  of  water  in  that." 

pe-shau-ba's  recollections  and  death 

Among  the  Ottawa  friends  of  Net-no-kwa,  was  an  unusually  bright  and 
good  Indian  Chief  named  Pe-shau-ba.  He  was  good  to  every  one,  and  especially 
to  young  Tanner.  He  always  gave  of  his  substance  to  help  others,  and  often 
interfered  to  stop  trouble,  and  no  matter  how  freely  he  gave,  he  always  had,  if 
not  an  abundance,  enough  to  supply  his  own  wants  and  to  divide  with  his 
intimate  friends,  but  he  became  very  ill,  and  calling  Tanner  to  him,  addressed 
to  him  the  following  words,  as  related  in  Tanner's  "Narrative" : 

"I  remember  before  I  came  to  live  in  this  world  I  was  with  the  Great  Spirit 
above,  and  I  looked  down  and  saw  men  upon  the  earth.  I  saw  many  good  and 
desirable  things  and,  among  others,  a  beautiful  woman,  and  as  I  looked  down 
day  after  day  at  the  woman,  He  said  to  me ; 

"'Pe-shau-ba,  do  you  love  the  woman  you  are  so  often  looking  at?'  I  told 
Him  I  did.  He  then  said  to  me :  'Go  down  and  spend  a  few  winters  on  earth. 
You  cannot  stay  long,  and  you  must  remember  to  be  always  kind  to  my  children 
whom  you  see  below.'  So  I  came  down,  but  I  have  never  forgotten  what  He 
said  to  me.  When  my  people  have  fought  with  their  enemies,  I  have  not  struck 
my  friends  in  their  lodges.  I  have  disregarded  the  foolishness  of  young  men 
who  would  have  offended  me,  but  have  always  been  ready  and  willing  to  lead 
our  brave  men  against  the  Sioux.  I  have  always  gone  into  battle  painted  black, 
as  I  am  now,  and  I  now  hear  the  same  voice  that  talked  to  me  before  I  came 
into  this  world.  It  tells  me  I  can  remain  here  no  longer.  To  you,  my  brother, 
I  have  been  a  protector  and  you  will  be  sorry  when  I  leave  you,  but  be  not  like  a 
woman.     You  will  soon  follow  in  my  path." 

He  then  put  on  the  new  clothes  Tanner  had  given  him,  walked  out  of  the 
lodge,  looked  at  the  sun,  the  sky,  the  lake  and  the  distant  hills,  then  came  in  and 
lay  down  composedly,  and  in  a  few  moments  ceased  to  breathe. 

"Farewell,  sweet  lake,  farewell,  surrounding  woods. 

To  other  groves,  through  midnight  glooms,  I  stray, 
Beyond  the  mountains,  and  beyond  the  floods. 

Beyond  the  Huron  Bay — 
Prepare  the  hollow  tomb,  and  place  me  low, 

My  trusty  bow  and  arrows  by  my  side. 
The  cheerful  bottle  and  the  venison  store, 

For  long  the  journey  is  that  I  must  go 
Without  a  partner,  and  without  a  guide. 

He  spoke,  and  bade  the  attending  mourners  weep, 
Then  closed  his  eyes  and  sunk  to  endless  sleep." 

— Philip  Freneau,  "The  Dying  Indian." 


HISTORY  OF  NORTH  DAKOTA  105 

LOIiD    SELKIRK    AND   TANNER 

In  1816,  Thomas  Douglas,  fifth  Earl  of  Selkirk,  Baron  Daer  and  Shortcleugh, 
while  visiting  this  country  became  much  attached  to  John  Tanner  and  located 
his  family  on  the  banks  of  the  Ohio  River.  Tanner,  when  Lord  Selkirk  found 
him,  had  grown  to  manhood,  and  had  married  an  Indian  woman  and  after  being 
recognized  by  his  family  through  the  exertion  of  Lord  Selkirk,  brought  several 
of  his  half-blood  children  into  the  United  States.  Returning  afterwards  for 
his  two  daughters,  he  found  that  their  mother,  believing  he  was  about  to  desert 
her,  had  given  one  of  their  daughters  to  an  Indian,  who  had  agreed  to  murder 
Tanner,  and  in  the  attempt  shot  him,  but  not  with  fatal  efTect.  He  was  found 
by  RIaj.  Stephen  H.  Long,  the  explorer,  and  his  party,  in  1823,  on  the  Rainy 
River,  alone  and  uncared  for,  having  been  abandoned  by  his  wife  and  daughters. 

Dr.  Edward  James,  of  the  Long  Expedition,  reduced  his  life  and  adventures 
to  writing  and  published  them  in  1830,  under  the  title  of  "Tanner's  Narrative." 
This  production  confirms  much  that  was  written  by  Alexander  Henry. 

■THE    SHAWNEE   PROPHET 

The  Indians  of  America,  no  less  than  the  white  men  of  Europe,  and  the  brown 
men  of  Asia,  have  had  many  prophets  and  messiahs,  who  have  taught  them  spir- 
itual things. 

In  November,  1805,  there  arose  a  prophet  among  the  Shawnees  of  Ohio,  who 
called  himself  Tenskwatawa  (the  "Open  Door").  He  was  twin  brother  of 
Tecumseh,  conspicuous  in  American  historj'  immediately  before  the  War  of 
1812,  by  reason  of  the  setting  on  foot  of  an  Indian  confederacy  to  hold  the  Ohio 
River  as  a  boundary  beyond  which  white  settlement  should  not  be  advanced. 

The  Shawnee  prophet,  at  the  height  of  his  popularity  was  about  thirty  years 
of  age,  and  is  said  to  have  possessed  a  magnetic  personality  of  extraordinary 
power,  notwithstanding  the  physical  drawback  of  the  loss  of  one  eye. 

His  friends  claimed  that  he  had  gained  superior  insight  and  knowledge  of 
spiritual  things  by  means  of  a  trance,  in  which  he  was  believed  to  be  dead,  and 
preparations  were  made  for  his  funeral,  but  he  revived,  and  announced  himself 
the  bearer  of  a  new  revelation  from  the  Master  of  Life. 

He  warned  his  followers  against  the  use  of  intoxicating  liquors,  depicting 
the  horrors  of  drunkenness  in  such  light,  that  intoxication  became  almost  un- 
known among  the  Indians  during  the  period  of  his  influence.  He  required  a  return 
to  the  primitive  life,  all  property  to  be  in  common,  according  to  the  ancient  laws 
of  the  tribes,  and  all  the  white  man's  tools  must  be  discarded,  and  his  customs 
renounced.  He  denounced  the  witchcraft  practices  and  mechanical  juggleries, 
reserving  to  himself  the  power  to  cure  all  diseases,  and  stay  the  hand  of  death 
from  disease  or  wounds  by  supernatural  skill.  He  forbade  intermarriage  with 
the  whites,  and  the  adoption  of  their  dress  and  firearms,  and  admonished  the 
young  to  respect  the  aged  and  infirm.  They  must  give  up  their  dogs,  and  keep 
a  fire  burning  in  the  lodge. 

His  followers  carried  their  virtues  to  such  an  extent  that  they  even  emulated 
the  whites  of  New  England,  and  burned  their  witches,  roasting  one  subject  four 
days,  before  death  came  to  her  relief. 


106  HISTORY  OF  NORTH  DAKOTA 

His  fame  extended  to  the  extreme  Southwest,  where  the  Indians  had  looked 
for  a  messiah  under  whose  influence  "the  earth  should  teem  with  fruit  and 
flowers  without  the  pains  of  culture,  when  an  ear  of  corn  should  be  as  much 
as  one  man  could  carry,  and  the  cotton  as  it  grew  should  of  its  own  accord  take 
the  rich  dyes  of  human  art,  and  the  air  should  be  laden  with  intoxicating  per- 
fumes and  the  melody  of  birds." 

Under  the  vigorous  preaching  of  a  former  prophet,  many  in  the  Southwest 
gave  up  their  flocks  and  herds,  their  apiaries  and  orchards- — for  they  were  becom- 
ing civilized — and  returned  to  the  forest  to  take  up  the  simple  life  of  their 
fathers.  The  influence  of  the  Shawnee  prophet  extended  to  all  western  and 
southwestern  tribes.  The  Chippewa  killed  their  dogs,  ceased,  in  a  measure,  to 
fear  the  Sioux,  and  tried  to  lead  the  life  taught  by  the  one  they  had  learned  to 
love  and  look  upon  as  a  redeemer.  They  had  mysterious  rites  of  confirmation 
peculiar  to  their  religion. 

THE    SHAWNEE    PROPHET's    MESSENGER    AT    PEMBIN.\ 

Tanner's  "Narrative"  describes  the  efifect  at  the  Pembina  Post  of  the  Prophet's 
doctrines : 

The  next  spring  (1806)  we  had  assembled  at  the  trading  house  at  Pembina. 
The  chiefs  built  a  great  lodge,  and  called  the  men  together  to  receive  information 
concerning  the  Great  Spirit.  The  messenger  of  the  revelation  was  Manito-o- 
geezhik,  a  man  of  no  great  fame  (not  Tanner's  foster-father)  but  well  known 
among  the  Chippewas.  Little  Clam  took  it  upon  himself  to  explain  about  the  meet- 
ing. He  sang  and  prayed,  and  proceeded  to  detail  the  principal  features  of  the 
revelation  brought  by  ^lanito-o-geezhik :  The  Indians  were  to  go  no  more  against 
their  enemies;  they  must  no  longer  steal,  defraud  or  lie,  they  must  neither  be 
drunk,  nor  eat  their  food  nor  drink  their  broth  when  it  was  hot;  and  henceforth 
the  fire  must  never  be  suffered  to  go  out  in  the  lodge,  summer  or  winter,  day  or 
night,  in  storm,  or  when  it  was  calm.  They  must  remember  that  the  life  in  the 
body  and  the  fire  in  the  lodge  are  the  same,  and  of  the  same  date.  If  they  suf- 
fered their  fires  to  be  extinguished,  at  that  moment  their  lives  would  end.  They 
must  not  suflfer  a  dog  to  live.  The  Prophet  was  himself  coming  to  shake  hands 
with  them,  but  Manito-o-geezhik  liad  come  before  that  they  might  know  what  was 
the  will  of  the  Great  Spirit,  communicated  to  us  by  him,  and  to  inform  them  that 
the  preservation  of  their  lives  depended  upon  their  entire  obedience. 

They  understood  that  they  were  not  to  kindle  a  fire  with  the  steel  and  flint 
of  the  white  man,  but  with  the  fire  sticks  of  the  olden  times,  nor  were  they  to  use 
the  firearms  obtained  from  the  whites,  but  the  bows  and  arrows  given  to  their 
fathers. 

Many  of  the  Indians  killed  their  dogs  and  threw  away  their  steel  and  flints, 
and  endeavored  to  do  as  Manito-o-geezhik  had  instructed  Little  Clam  to  say  to 
them.  They  moved  about  in  fear  and  humility,  and  distress  and  anxiety  were 
visible  in  every  countenance. 

Under  this  inspiration,  and  the  promise  that  the  Sioux  should  not  hurt  them, 
they  went  to  the  waters  of  the  Upper  Red  River,  where  Tanner  hunted  for 
beaver,  and  Little  Clam  relying  on  the  promise,  led  a  party  of  ten  warriors  and 
their  families  towards  Devils  Lake  but  the  whole  band  was  cut  off  by  the  Sioux. 


HISTORY  OF  NORTH  DAKOTA  107 

When  found,  the  body  of  Little  Clam  was  shot  full  of  arrows  and  on  the  camp 
ground  were  many  bodies  of  women  and  children.    Only  one  man  escaped. 

About  this  time,  a  leading  chief  and  forty  young  men  came  from  Leech  Lake 
to  Pembina  to  learn  more  of  the  message  from  the  Prophet.  The  arrival  of  his 
messenger  and  the  ceremony  of  shaking  hands,  is  thus  described  by  Tanner: 

"When  we  arrived,  he  at  first  maintained  a  long  and  mysterious  silence  before 
announcing  that  he  was  the  forerunner  of  the  Great  Prophet  who  would  soon 
shake  hands  with  the  Chippewa  and  reveal  to  them  his  inspired  words,  and  set 
forth  the  new  manner  of  living  which  they  were  hereafter  to  adopt. 

"When  the  Indians  had  gathered  in  the  lodge,  we  saw  something  carefully 
•concealed  under  a  blanket,  in  figure  and  dimensions  bearing  some  resemblance 
to  a  man.  This  was  accompanied  by  two  young  men,  who  it  was  understood 
attended  constantly  upon  it,  made  its  bed  at  night,  as  for  a  man,  and  slept  near 
it.  But  when  removed  no  one  went  near  it,  or  raised  the  blanket  which  was 
spread  over  its  unknown  contents. 

"Four  strings  of  mouldy  and  discolored  beads  were  all  the  visible  insignia 
of  this  important  man. 

"After  a  long  harangue,  in  which  the  prominent  features  of  the  new  revela- 
tion were  stated  and  urged  upon  the  attention  of  all,  the  four  strings  of  beads, 
which  we  were  told  were  made  of  the  flesh  of  the  Prophet,  were  carried  with 
much  solemnity  to  each  man  in  the  lodge,  and  he  was  expected  to  take  hold  of 
each  string  at  the  top  and  draw  them  quietly  through  his  hand. 

"This  was  called  'shaking  hands  with  the  Prophet,'  and  was  considered  as 
solemnly  engaging  to  obey  his  instructions  and  accept  of  his  mission  as  from  the 
Supreme. 

"All  the  Indians  that  touched  the  beads  had  piously  killed  their  dogs;  they 
gave  up  their  medicine  bags,  and  showed  a  disposition  to  comply  with  all  that 
should  be  required  of  them.  But  in  time  these  new  impressions  were  obliterated, 
medicine  bags,  flints  and  steels,  the  use  of  which  had  been  forbidden,  were 
brought  into  use,  dogs  were  reared,  women  and  children  beaten  as  before  and  the 
Shawnee  Prophet  was  depised." 

THE    SIOUX    AT    THE   GATES 

During  the  meeting  where  they  went  through  the  ceremony  described,  the 
Sioux  were  lying  in  wait  to  attack  Fort  Pembina,  and  at  its  close  when  the  gates 
were  opened  to  turn  a  horse  out  to  graze,  they  fired  and  killed  the  horse. 

The  Chippewa  who  were  feasting  and  dancing  after  the  ceremony  took  up 
arms  at  once,  and  pursued  the  Sioux,  but  without  result. 

The  attacking  party  proved  to  be  only  Waneton,  mentioned  in  connection 
with  Major  Long's  expedition,  and  his  uncle.  The  influence  of  the  Prophet  re- 
mained for  two  or  three  years,  during  which  time  there  was  less  drunkenness, 
and  less  fear  of  the  Sioux. 

Tanner  did  not  kill  his  dogs,  throw  away  his  flint,  or  keep  his  fires  burning, 
but  confesses  that  he  was  sometimes  uneasy. 

JEFFERSON    TO    ADAMS 

Ex-President  Thomas  Jefiferson  to  Ex-President  Adams  gave  his  opinion  of 
the  Prophet  in  the  following  terms: 


108  HISTORY  OF  NORTH  DAKOTA 

"The"  Wabash  Prophet  is  more  rogue  than  fool,  if  to  be  a  rogue  is  not  the 
greatest  of  folhes.  He  rose  to  notice  while  I  was  in  the  administration,  and 
became,  of  course,  a  proper  subject  for  me.  The  inquiry  was  made  with  dili- 
gence. His  declared  object  was  the  reformation  of  his  red  brothers  and  their 
return  to  their  primitive  manner  of  living.  He  pretended  to  be  in  constant  com- 
munication with  the  Great  Spirit.  *  =^  *  I  concluded  from  all  this,  that  he  was 
a  visionary,  enveloped  in  their  antiquities  and  vainly  endeavoring  to  lead  back 
his  brethren  to  the  fancied  beatitude  of  the  golden  age.  I  thought  there  was 
little  danger  in  his  making  many  proselytes  from  the  habits  and  comforts  they 
had  learned  from  the  whites,  to  the  hardships  and  privations  of  savagism,  and 
no  great  harm,  if  he  did.  But  his  followers  increased,  until  the  British  thought 
him  worth  corrupting,  and  found  him  corruptible.  I  suppose  his  views  were  then 
changed,  but  his  proceedings  in  consequence  of  them  were  after  I  left  the  admin- 
istration, and  are  therefore  unknown  to  me ;  nor  have  I  ever  been  informed  what 
were  the  particular  acts  on  his  part  which  produced  an  actual  commencement  of 
hostilities  on  ours.  I  have  no  doubt,  however,  that  the  subsequent  proceedings 
are  but  a  chapter  apart,  like  that  of  Henry  and  Lord  Liverpool,  in  the  book  of 
the  King  of  England." 

It  is  admitted  that  there  is  no  doubt  that  the  Shawnee  Prophet  really  sought 
the  good  of  his  people,  and  believed  in  the  beneficial  effects  of  his  doctrines, 
although  it  is  claimed  that  his  inquisition  was  shocking  in  its  cruelty. 

TERRITORY    ACQUIRED 

Through  the  Treaty  of  Paris  the  United  States  acquired  the  territory  Great 
Britain  claimed  by  right  of  discovery,  and  would  have  held  notwithstanding  the 
natural  rights  of  those  dispossessed.  Upon  the  organization,  in  1788  of  this  addi- 
tion to  the  Union,  named  the  "Northwest  Territory"  Gen.  Arthur  St.  Clair  was 
appointed  the  first  governor  and  was  made  commander-in-chief  of  the  militia 
therein,  to  order,  rule,  and  govern  conformably  to  the  ordinance  of  the  13th  of 
July,  1787,  entitled  "An  ordinance  for  the  government  of  the  territory  of  the 
United  States  northwest  of  the  River  Ohio.''  The  commission  took  effect  the 
1st  clay  of  February,  1788,  to  continue  three  years,  and  he  held  the  post  until 
1802.  In  the  beginning  of  his  administration  he  met  the  tribes  who  complained 
that  the  whites  were  not  willing  to  regard  the  Ohio  River  as  a  boundary,  at  Fort 
Harmar  (now  Alarietta) — erected  in  1785-86  on  the  right  bank  of  the  Muskingum 
River  at  its  junction  with  the  Ohio,  in  honor  of  Gen.  Josiah  Harmar — in  order 
to  make  treaties  with  them;  and  in  his  address  he  reminded  them  that  they  had 
been  allies  of  Great  Britain  in  the  Revolutionary  war,  and  the  loss  of  the  lands 
was  one  of  the  consequences  of  defeat.  The  first  division  of  the  Northwest  Ter- 
ritory was  into  Ohio  and  Indiana.  Ohio  was  admitted  into  the  Union  and  Michi- 
gan was  created,  and  the  boundaries  of  Michigan  extended  to  take  in  a  good 
part  of  North  Dakota. 

DRAWING   THE    LINE 

It  was  when  the  religious  excitement  attending  the  rise  of  the  Shawnee 
Prophet  was  at  its  height,  that  Tecumseh  took  advantage  of  it  to  incite  the  Indians 


'''^K^  ^ 

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«^H"-' 

P 

■  /^^^K^B 

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George  Washington 


•John  Adams 


Thomas  Jefl'erson 


James   Madison 


James    Monroe  Jolm  Quincy  Adams 

PRESIDENTS  OF  THE  UNITED  STATES  FEOM  1789  TO  1S29 


HISTORY  OF  NORTH  DAKOTA  109 

of  the  West  and  Southwest  to  resist  the  further  advance  of  the  whites,  drawing 
the  hne  at  the  Ohio  River,  as  later,  Sitting  Bull  drew  it  at  the  Missouri. 

Messengers  were  sent  to  every  Indian  nation,  and  representatives  of  the 
various  tribes  of  the  Northwest  convened  at  the  headquarters  of  the  Shawnee 
P'rophet  at  Greenville,  Ohio,  in  order  to  learn  the  new  doctrine  and  receive  con- 
firmation of  the  belief  in  him  through  his  dreams  and  repeated  revelations  and 
predictions;  among  the  latter  the  eclipse  of  the  sun  in  the  summer  of  i8o6,  which 
he  claimed  as  a  proof  of  his  own  supernatural  powers. 

The  movement  was  a  revolt  against  the  breaking  down  of  old  Indian  customs 
and  modes  of  life  and  the  encroachment  of  the  whites  on  their  domain. 

HARRISON    AND    TECUMSEH 

Tecumseh  and  the  Prophet  held  a  tract  of  land  on  the  Tippecanoe  River,  one 
of  the  tributaries  of  the  Wabash  River.  To  this  place  in  the  western  part  of 
what  is  now  Indiana,  Tecumseh  and  the  Prophet,  with  their  following,  removed 
in  the  spring  of  1808.  They  laid  out  a  village  known  as  the  Prophet's  Town, 
and  attracted  to  this  center  a  large  number  of  Northern  Indians. 

Gen.  William  Henry  Harrison  had  served  under  Major  General  St.  Clair 
.and  Gen.  Anthony  Wayne,  and  commanded  Fort  Washington  (now  Cincinnati) 
in  1795,  and  was  secretary  of  the  territory  northwest  of  Ohio  in  1797.  In  1801, 
lie  was  appointed  governor  of  the  new  territory  of  Indiana,  which  comprised  the 
present  states  of  Indiana,  Illinois,  Michigan  and  Wisconsin,  nearly  all  in  the  pos- 
session of  the  Indians,  with  whom  as  superintendent  of  Indian  affairs,  Harrison 
made  treaties.  The  year  of  his  appointment  he  went  to  the  French  Village  of 
Vincennes,  and  in  June,  1808,  Tecumseh  sent  a  deputation  of  Indians  to  him 
there  with  a  message  from  the  Prophet.  This  was  followed  in  August,  by  a  visit 
from  the  Prophet  in  person  who  was  entertained  at  \'incennes  two  weeks ;  Gen- 
eral Harrison  forming  a  very  favorable  opinion  of  him  and  his  abilities.  The 
party  carried  a  supply  of  provisions  on  their  return  to  Tippecanoe. 

In  June,  18 10,  Geneal  Harrison  sent  two  agents  to  Tippecanoe  to  more  fully 
acquaint  himself  with  the  designs  of. the  Prophet,  and  invited  Tecumseh  to  meet 
him  at  A^incennes  on  August  15th,  for  the  purpose  of  an  interchange  of  friendly 
greetings,  but  Tecumseh  came  with  an  armed  force  of  seventy  warriors.  They 
met  in  a  grove  of  trees  southwest  of  the  Harrison  mansion,  in  front  of  the 
porch.  General  Harrison  on  the  porch.  Chief  Tecumseh  in  the  grove.  The  grove 
and  porch  remained  until  1840;  the  main  house  and  grounds  in  good  preservation 
until  1835. 

Tecumseh,  in  response  to  Harrison's  assurance  of  friendly  feeling,  insisted 
on  an  exact  interpretation  of  his  words  in  language  which  implied  that  Harrison 
lied  when  he  said  the  Government  was  friendly  to  the  Indians,  for  it  had  cheated 
them  and  stolen  their  lands.  This  tenninated  the  interview  by  Harrison's  order, 
and  Tecumseh  and  his  warriors  withdrew. 

In  the  following  autumn.  General  Harrison  was  informed  by  a  chief  that  the 
attitude  of  the  Prophet  was  hostile,  and  Gen.  William  Clark,  governor  of  Mis- 
souri, wrote  to  General  Harrison  that  belts  of  wampum  had  been  sent  to  the 
■tribes  west  of  the  Mississippi,  with  an  invitation  to  unite  in  a  war  against  the 
United  States. 


110  HISTORY  OF  NORTH  DAKOTA 


BATTLE   OF   TIPPECANOE 


A  year  later,  on  the  26th  of  September,  181 1,  General  Harrison  in  command 
of  a  military  expedition  against  the  Tippecanoe  confederacy,  left  Vincennes, 
with,  as  it  proved,  a  fallacious  hope,  that  the  advance  of  the  forces  of  the  United 
States  army  would  frighten  the  Indians  into  abandoning  their  designs  against 
the  Government. 

He  sent  a  message  to  the  Prophet's  Town,  "directing  the  assembled  Indians 
who  were  at  Tippecanoe,  to  return  to  their  tribes ;  that  stolen  horses  should  be 
returned  and  murderers  of  white  people  be  delivered  up." 

The  agent  of  the  governor  having  delivered  this  message,  returned  to  head- 
quarters, and  on  the  29th  of  October  the  army,  numbering  about  nine  hundred 
men,  began  their  march ;  on  the  night  of  the  5th  of  November  encamping  within 
ten  miles  of  "Prophet's  Town,"  and  meeting  parties  of  Indians  in  the  vicinity 
of  the  villages.  On  the  6th  of  November  two  interpreters  were  directed  to  com- 
municate with  some  of  the  Indians,  but  they  refused  to  hold  communication  with 
them  except  by  gestures.  The  forces  of  General  Harrison  encamped  for  the  night 
within  a  mile  and  a  half  of  the  town,  sending  forward  a  flag  of  truce. 

The  Indians  at  first  refused  to  answer  and  tried  to  cut  his  messenger  off  from 
the  rest  of  the  army,  but  later  sent  out  three  Indians  to  inquire  the  reason  for 
the  advance  of  the  army. 

The  messenger  they  said  had  gone  another  route,  and  they  had  missed  him. 

General  Harrison  agreed  to  suspend  hostilities  until  the  next  day,  for  pur- 
poses of  treaty,  and  that  night  his  army  slept  on  their  arms. 

Tecumseh  was  absent  in  the  Southwest  and  had  left  orders  that  war  was  to 
be  avoided  at  all  hazards  until  his  return,  but  early  in  the  evening  the  Indians 
held  a  council,  and  formed  a  plan,  which  during  the  night  was  changed,  it  was 
said  through  the  deception  of  the  Shawnee  Prophet,  who  told  them  that  one-half 
of  Harrison's  army  was  dead,  and  the  other  half  crazy,  and  before  daylight  the 
entire  force  of  the  Prophet's  anity  was  creeping  through  the  grass  upon  the  out- 
posts of  General  Harrison's  camp,  and  before  the  men  had  been  roused  for 
reveille  an  hour  before  daylight,  a  single  shot  of  a  sentinel  surprised  by  an  Indian 
creeping  upon  him.  broke  the  stillness.  The  wild  yell  of  the  Indian  fired  on  was 
followed  by  the  war  whoop,  and  the  entire  Tippecanoe  force  was  upon  them; 
at  first  overwhelming  the  guard,  who  fell  back  on  the  camp  which  was  prepared 
for  immediate  action. 

The  Prophet,  directly  taking  his  position  on  a  hill  in  the  rear,  prophesied  suc- 
cess to  the  Indians  who  would  be  safe  from  all  harm,  spurring  them  to  action  by 
the  shriek  of  his  war  song,  and  under  this  influence  they  made  bold  to  fight  in 
open  battle,  rushing  right  upon  the  bayonets  in  the  hands  of  their  antagonists, 
who  with  a  last  fierce  charge  put  the  Indians  to  flight,  just  as  the  dawn  broke  over 
the  field  of  carnage. 

"Day  glimmers  on  the  dying  and  the  dead. 
********* 

The  war-horse  masterless  is  on  the  earth. 
And  the  last  gasp  hath  burst  his  bloody  girth  ! 
And  near,  yet  quivering  with  what  life  remained 
The  heel  that  urged  him,  and  the  hand  that  reined." 

— Byron's  Lara. 


HISTORY  OF  NORTH  DAKOTA  111 

The  loss  of  the  United  States  forces  in  killed  at  the  Battle  of  Tippecanoe, 
including  those  who  died  from  their  wounds  soon  after,  was  fifty,  and  the  total 
loss  in  killed  and  wounded  i88.  The  Indians  left  thirty-eight  dead  on  the  field 
of  battle,  and  with  those  they  carried  with  them  their  loss  must  have  amounted 
to  an  equal  number. 

On  the  morning  of  the  8th  of  November,  iSii,  "Prophet's  Town''  was  de- 
serted, and  tlie  United  States  troops  moved  slowly  back  to  the  fort  at  Vincennes. 
The  Prophet's  influence  was  overthrown,  and  the  Universal  Indian  Confederacy 
was  a  dream  of  the  past. 

General  Harrison  was  promoted  to  major  general,  and  fought  the  Battle  of 
the  Thames  River,  October  5,  1813,  defeating  the  allied  British  and  Indians, 
including  Tecumseh,  in  the  recovery  of  American  territory.  Tecumseh  was 
killed.  The  Thames  River  flows  between  Lake  Huron  and  Lake  Erie,  discharging 
into  Lake  St.  Clair,  and  the  battlefield  was  near  the  site  of  the  present  City  of 
Chatham,  Ontario. 

General  Harrison  died  in  the  executive  mansion  at  Washington,  April  4,  1841, 
after  an  illness  of  eight  days,  at  the  close  of  a  month's  administration  as  Presi- 
dent of  the  Lhiited  States. 

THE    PASSING   OF   TENSKWATAWA 

Many  Indians  who  after  the  defeat  at  Tippecanoe  at  first  seemed  inclined  to 
treat,  joined  the  British  forces  during  the  War  of  1812,  but  at  that  period  the 
Shawnee  Prophet  was  shorn  of  his  prestige,  and  faith  in  his  doctrines  had  dimin- 
ished to  almost  complete  extinction. 

Pensioned  by  the  British  government,  under  whose  flag  he  had  fought  in  that 
war,  Tenskwatawa  at  its  close  became  a  resident  of  Canada,  but  in  1826,  rejoined 
his  tribe  in  Ohio,  from  thence  removing  to  Missouri,  and  subsequently  with  his 
band  to  Kansas,  where  he  died  in  1837  in  the  month  of  November — which  seemed 
to  hold  a  strange  fatality  for  him — and  is  buried  in  an  unknown  grave. 

To  him  might  Joaquin  Miller's  counsel  well  apply: 

"Speak  ill  of  Iiim  who  will,  he  died. 
Say  this  much  and  be  satisfied." 


"A  CHAPTER  APART" 

LORD    LIVERPOOL VISCOUNT    CASTLEREAGH — SIR    JAMES    CRAIG H.    W.    RYLAND 

CAPT.    JOHN     HENRY ORDERS    IN     COUNCIL IMPRESSMENT    OF    SAILORS PRE- 
LIMINARY LETTERS — THE  SECRET   CORRESPONDENCE. 

The  chapter  apart  involving  "Henry  and  Lord  Liverpool,"  which  President 
JeiTerson  places  on  a  par  with  the  "subsequent  proceedings"  of  the  Shawnee 
Prophet  episode,  left  an  ineffaceable  impression  upon  the  page  of  the  political 
history  of  the  century. 

Capt.  John  Henry,  whose  origin  is  subject  of  dispute,  came  from  somewhere 
in  the  British  Isles  in  1793  to  Philadelphia,  where  he  became  editorially  con- 
nected with  the  public  press.  During  the  unpleasantness  with  France  he  served 
in  the  United  States  army  as  a  captain  of  artillery,  hence  his  title,  and  at  its 
close  once  more  took  up  the  profession  of  journalism.  Some  of  his  articles  in 
opposition  to  a  republican  form  of  government  had  a  wide  circulation,  and 
showed  a  discrimination  so  keen,  and  a  knowledge  of  the  internal  affairs  of  the 
republic  so  intimate  and  apparently  so  useful  for  shaping  the  policy  of  foreign 
powers  that  they  aroused  interest  on  both  sides  of  the  Atlantic,  and  were  called 
to  the  attention  of  the  chief  actors  in  the  stirring  events  immediately  preceding 
the  War  of  1812. 

Thomas  Jefferson  of  \'irginia,  the  most  prominent  figure  in  the  L'nited  States 
during  his  term  of  service,  1801-1809,  was  serving  his  two  terms  as  President 
of  the  United  States.  In  1790  the  country  was  divided  into  two  political  parties, 
the  federalists  and  the  republicans,  the  cabinet  of  President  Washington  being 
composed  of  warring  elements.  Thomas  Jefferson,  secretary  of  state,  represented 
the  republicans  and  was  an  unyielding  advocate  of  state  sovereignty  and  decen- 
tralization. Alexander  Hamilton,  secretary  of  the  treasury,  charged  by  Jefferson 
with  the  desire  of  creating  a  monarchy  in  America,  stood  at  the  head  of  the 
federalists,  and  established  the  Bank  of  the  United  States  against  the  protest  of 
Jefferson,  and  of  Edmund  Randolph,  the  attorney-general.  In  1791  Jefferson 
carried  on  a  correspondence  with  the  British  minister  in  relation  to  alleged 
violations  of  the  treaty  of  peace  with  Great  Britain. 

The  year  1799  brought  a  chansre  in  public  opinion  in  favor  of  the  republican 
party,  and  Jefferson  was  elected  President  and  was  inaugurated  March  4,  1801. 
Then  followed  the  Louisiana  Purchase,  the  exploration  of  the  continent  to  the 
Pacific  Ocean,  and  the  re-election  of  Jefferson  for  the  presidential  term  com- 
mencing March  4,  1805,  the  year  of  the  Shawnee  Prophet  uprising. 

In  a  message  to  the  Tenth  Congress  President  Jefferson  thus  refers  to  our 
relations  with  the  Indians : 

"With  our  Indian  neighbors  the  public  peace  has  been  steadily  maintained. 

112 


Andrew    Jackson 


ilartin   Van   Buren 


J 

m 

^ 

^ 

m 

IB 

William  H.  Harrison 


Jolin    Tyler 


James  K.  Polk  Zachary  Taylor 

PRESIDENTS  OF  THE  UNITED  STATES  FROM  1829  TO  ]849 


HISTORY  OF  NORTH  DAKOTA  113 

From  a  conviction  that  we  consider  them  as  a  part  of  ourselves,  and  cherish 
with  sincerity  tlieir  rights  and  interests,  the  attachment  of  the  Indian  trihes  is 
gaining  strength  daily,  is  extending  from  the  nearer  to  the  more  remote,  and  will 
amply  requite  us  for  the  justice  and  friendship  practiced  towards  them.  Hus- 
bandry and  household  manufacture  are  advancing  among  them,  more  rapidly 
with  the  southern  than  northern  tribes,  from  circumstances  of  soil  and  climate ; 
and  one  of  the  two  great  di\isions  of  the  Cherokee  Nation  has  now  under 
consideration  to  solicit  the  friendship  of  the  United  States  and  to  be  identified 
with  us  in  laws  and  government  in  such  progressive  manner  as  we  shall  think 
best." 

ORDERS  IN   COUNCIL 

In  iSo6,  approaching  the  period  of  the  Henry  letters,  the  country  became 
powerfully  excited  by  the  loss  of  its  profitable  foreign  trade  as  a  neutral  through 
the  British  "orders  in  council,"  and  Napoleon  Bonaparte's  Berlin  decree  blockad- 
ing European  jjorts,  and  still  more  by  the  right  asserted  by  Great  Britain  of 
searching  American  vessels,  which  were  boarded  and  the  sailors  impressed  as 
subjects  of  the  king.  "A  practice,"  as  proclaimed  by  Henry  Clay,  "which  can 
obtain  countenance  from  no  principle  whatever,  and  to  submit  to  which  on  our 
part  would  betray  the  most  abject  degradation." 

The  ships  and  commerce  of  European  nations  had  been  destroyed  by  the 
wars  being  waged,  and  the  United  .States  being  neutral  profited  by  it,  her  vessels 
carrying  from  port  to  port  the  products  of  France  and  the  dependent  kingdoms, 
and,  also,  to  those  ports  the  maiuifactures  of  England.  Great  Britain  and  the 
United  States  held  undisputed  sway  on  the  ocean,  but  American  ships  carrying 
to  Europe  the  products  of  French  colonies  were  often  captured  by  British  cruisers' 
and  in  May,  1R06,  several  European  ports  under  French  control  were  Ijy  British 
orders  in  council  declared  in  a  state  of  blockade,  though  without  being  invested 
by  a  British  fleet.  United  States  vessels  attempting  to  enter  these  ports  were 
captured  and  condemned  by  the  British.  France  and  her  allies  also  sufifered  from 
these  orders,  and  in  November,  1806,  Napoleon  issued  a  decree  at  Berlin  declaring 
the  British  Islands  in  a  state  of  blockade,  authorizing  the  capture  of  all  neutral 
vessels  attempting  to  enter  these  ports.  Thus  the  commerce  of  the  United 
States  was  made  to  suffer  by  both  nations. 

IMPRESSMENT   OF   SAILORS 

Great  Britain  had  searched  American  vessels,  and  at  the  time  of  the  war  had 
taken  from  them  by  force  every  seaman  supposed  to  be  of  British  birth,  to  the 
number  of  more  than  six  thousand  men,  and  compelled  them  to  enter  the  British 
navy  to  man  their  great  fleet.  The  British  claimed  that  the  United  States 
Government  "encouraged  individuals  to  enter  her  marine,  and  become  traitors 
to  their  country;  false  certificates  of  citizenship,"  they  declared,  "and  an  ear-ring 
in  the  ear,  made  an  Englishman  an  American,  and  the  Yorkshire  dialect  or  the 
west  country  pronunciation  would  contradict  the  solemn  assertions  that  they 
were  Americans." 

From  1803  to  1811  British  cruisers  captured  goo  American  vessels,  many  of 
them  laden  with  valuable  cargoes. 

Vol.  1—8 


114  HISTORY  OF  NORTH  DAKOTA 

THE   EMBARGO 

In  June,  1807,  occurred  the  attack  on  the  United  States  frigate  Chesapeake, 
sailing  out  of  Hampton  Roads,  by  the  British  man-of-war  Leopard,  in  order  to 
secure  men  which  were  claimed  as  British,  but  whom  the  commander  of  the 
Chesapeake  refused  to  deliver,  as  he  knew  of  none  such  being  on  board. 

The  Leopard  replied  by  firing  on  the  Chesapeake,  which  was  unprepared  for 
action,  boarded  her,  impressed  four  sailors,  and  then  abandoned  her.  Securing 
the  sailors  was  evidently  all  the  British  commander  desired,  as  the  Chesapeake 
under  her  own  commander  put  back,  much  damaged,  into  Hampton  Roads,  and 
the  incident  was  closed.  It  was  this  outrage,  however,  that  roused  the  war 
power  of  the  nation  to  retaliation,  and  amidst  the  wildest  excitement  President 
Jefferson  issued  a  proclamation  interdicting  the  harbors  and  waters  of  the 
United  States  to  armed  British  vessels,  and  ordered  the  ports  protected  by  a 
sufficient  force.  In  consequence  of  the  continued  hostility  of  France  and  Great 
Britain  the  law  passed  by  Congress  in  December,  1807,  laying  an  indefinite 
embargo  on  the  ports  of  the  United  States  and  forbidding  American  vessels  to 
leave  those  ports,  although  violently  opposed  by  the  federalist  party,  was  an  act 
of  prudence  in  order  to  preser\'e  the  seamen,  ships  and  merchandise  of  the 
United  States  from  danger.  Taking  into  account  the  alternate  decrees  from  the 
British  government  and  from  Bonaparte,  there  were  sufficient  orders  in  existence 
to  render  liable  to  capture  all  American  vessels  afloat,  so  that  in  searching  the 
pages  of  history  the  reason  for  the  embargo  is  plain,  and  President  Jefferson's 
order,  far  from  being  an  offense,  was  a  wise  measure  for  defense. 

One  of  the  first  acts  of  Congress  under  President  Madison,  in  February, 
1809,  was  the  repeal  of  the  embargo,  to  take  effect  on  the  fourth  of  the  ensuing 
March,  at  the  same  time  prohibiting  all  intercourse  with  France  and  England 
until  either  nation  should  revoke  her  hostile  edicts. 

At  this  period  Jefferson  retired  from  office,  following  the  example  of  President 
Washington,  and  declining  the  nomination  for  a  third  term. 

Across  the  Atlantic,  Robert  Bank  Jenkinson,  second  Earl  of  Liverpool,  was, 
in  1809,  secretary  for  war  and  the  colonies,  and  held  the  British  premiership 
from  1812  to  1827. 

Robert  Stewart  Castlereagh,  a  native  of  Ireland,  was  prominent  in  British 
politics  in  the  years  when  Henry  was  writing.  It  was  through  his  instrumentality 
that  the  act  of  union  was  passed,  for  which  he  was  execrated  by  a  large  number 
of  his  countrymen.  In  1805  he  was  secretary  for  war  and  for  the  colonies. 
Subsequently  in  the  ministry  of  foreign  affairs,  he  supported  Lord  Liverpool, 
who  was  always  opposed  to  liberal  ideas.  In  1812  he  was  a  leading  member 
of  the  British  House  of  Commons.  .Sir  James  Craig  was  governor-general  of 
Canada,  and  through  him  and  his  secretary,  H.  W.  Ryland,  the  secret  correspond- 
ence came  about.  On  the  igth  of  June.  181 1,  in  the  midst  of  the  discontent 
among  the  Indians,  he  left  Canada,  and  died  in  Januan,',  1812. 

PRELIMINARY   LETTERS 

Within  March  and  April,  1808,  Captain  Henry  wrote  six  letters,  two  letters 
from  Montreal  to  H.  W.  Ryland,  secretary  of  Sir  James  Craig,  with  whom  he 


HISTORY  OF  NORTH  DAKOTA  115 

had  become  intimate,  and  on  the  loth  of  April  Craig  forwarded  the  tirst  four 
to  Castlereagh,  and  it  has  been  claimed  that  he  intimated  that  Henry  was 
ignorant  of  the  use  to  which  his  letters  were  put  at  this  time.  On  May  5th  the 
last  two  letters  followed  the  first  four  to  Castlereaeh. 

These  letters  are  calendared  in  Canadian  archives.  Their  contents  are  made 
up  of  remarks  on  the  state  of  public  opinion,  clippings  from  the  newspapers 
sustaining  his  opinions,  with  allusions  to  the  diplomatic  mission  of  George 
Henry  Rose,  afterwards  promoted  and  knighted,  who  was  sent  by  the  British 
government  to  Washington  on  a  special  commission  respecting  the  affair  of  the 
Chesapeake  and  Leopard  impressment  case,  and  the  close  of  the  negotiations. 
Canadian  historians  believe  it  "impossible  to  draw  even  a  shadow  of  wrong- 
doing from  the  proceedings." 

THE    SECRET    CORRESPONDENCE 

Apparently  the  object  of  the  secret  correspondence  which  followed  was  to 
obtain  the  most  trustworthy  information  for  the  use  of  Sir  James  Craig  and 
other  representatives  of  Great  Britain  in  this  country  concerning  the  internal 
affairs  of  the  Union,  the  extent  of  the  disaffection  in  New  England  toward  the 
National  Government  caused  by  the  embargo,  which  they  had  magnified  to  pro- 
portions agreeable  to  their  own  projects,  but  of  the  actual  depth  to  which  it 
had  penetrated  the  body  politic,  they  were  still  in  doubt.  They  desired  to  know 
what  the  policy  of  the  United  States  would  be  on  the  inauguration  of  James 
Madison  of  Virginia,  who  was  President  from  1809  to  1817,  the  effect  of  the 
attitude  taken  by  him  on  the  public  at  large,  and  especially  to  gain  a  knowledge 
of  the  certain  prospect  of  war  between  the  United  States  and  Great  Britain,  if 
such  was  imminent. 

This  mission,  at  the  suggestion  of  Ryland,  Captain  Henry  accepted  and 
fulfilled,  playing  with  distinction  his  mischievous  part  in  precipitating  the  resort 
to  arms  by  the  United  States.  He  was  given  credentials  which  authorized  him 
to  receive  any  communications  which  it  was  desirable  should  reach  the  British 
government,  the  correspondence  to  be  carried  on  in  cipher.  Ryland's  letter  in 
whicJi  the  proposition  was  made  gave  the  correspondent  reason  to  expect  as 
compensation  an  advantageous  position  under  the  British  government. 

Sir  James  Craig's  instructions,  "secret  and  confidential,"  the  authenticity  of 
which  was  afterwards  vouched  for  by  Ryland  in  a  letter  to  the  Earl  of  Liver- 
pool, were  dated  February  6,  1809. 

Captain  Henry  wrote  fifteen  letters  between  the  13th  of  February  and  the 
22d  of  May.  1809,  when  he  was  recalled  to  Canada.  He  passed  three  months 
in  New  England  in  that  emplovment,  reporting  continually  to  Craig  by  letter, 
stating  that  according  to  his  judgment  the  federalists,  rather  than  submit  to  the 
continuance  of  the  difficulties  and  duties  to  which  they  were  subjected,  would 
exert  their  influence  to  bring  about  a  separation  from  the  general  Union,  and  in 
the  event  of  war  would  establish  a  northern  confederacy,  in  which  Massachusetts 
would  take  the  lead,  and  ally  itself  with  Great  Britain.  War  was  not  probable. 
Unfortunately  names  which  might  have  added  weight  to  the  expression  of  his 
views  were  left  out. 

Although  this  correspondence  came  to  an  end  on  the  22d  day  of  May,  1809, 


116  HISTORY  OF  NORTH  DAKOTA 

and  Craig  did  not  resign  as  governor-general  of  Canada  until  June,  1811,  no 
evidence  can  be  found  that  he  filed  any  claim  for  services,  but  according  to  a 
letter  of  Ryland  from  London  to  Craig,  Captain  Henry  had  applied  for  the 
vacant  office  of  sheriff  of  Montreal,  but  no  reference  to  it  was  made  by  Craig 
in  his  letter  of  June  4th,  written  a  week  before  he  left  Quebec.  Captain  Heni-y 
was  in  London  in  1810  and  181 1,  and  it  is  said  applied  to  Lord  Liverpool  for  a 
position,  without  result,  and  after  waiting  in  vain  until  November,  181 1,  he 
offered  the  entire  correspondence  to  the  President  of  the  United  States,  James 
Madison,  for  a  sum  variously  estimated  at  $10,000  and  upwards,  which  was  paid. 
President  Madison  sent  the  papers  in  a  special  message  to  Congress  in  March, 
1812,  and  they  were  referred  to  the  committee  on  foreign  aff'airs,  and  became 
the  subject  of  a  brief  debate  in  Congress.  Henry  Clay  of  Kentucky  declared  in 
a  speech  before  that  body  that  there  was  "no  doubt  that  the  Indian  tribes  on  the 
Wabash  had  been  incited  by  the  British,  and  what  could  be  thought  of  an 
emissary  having  been  sent  to  stir  up  civil  war?"  Publicity  was  thus  given  to  an 
alleged  attack  upon  the  credit  of  the  federal  party  which  was  accused  of  a  design 
to  destroy  the  Union,  of  which  these  papers  were  supposed  to  contain  the  proof, 
and  the  sensation  produced  was  made  use  of  to  intensify  the  feeling  of  enmity 
towards  Great  Britain,  until  the  true  contents  were  made  known,  then  the  inci- 
dent was  soon  closed,  as  according  to  the  terms  of  agreement  Captain  Henry 
was  not  to  appear  before  the  committee  and  had  sailed  in  the  same  month  for 
a  permanent  residence  in  France. 

On  the  British  side  the  subject  was  brought  up  in  the  House  of  Lords,  and 
Lord  Liverpool's  defense  of  Sir  James  Craig  was  the  sum  and  substance  of 
parliamentary  proceedings. 

In  this  atmosphere,  thick  with  internal  conflict  clouding  the  dawn  of  the 
republic,  wherein  immoderate  expressions  of  sectional,  individual,  state  and 
national  rights  were  tempered  by  the  noble  ardor  of  patriotism,  and  a  ray  or 
two  of  the  liberty  that  has  since  "enlightened  the  world,"  Henry  sold  his 
papers,  and  Madison  made  the  most  of  them. 

The  battle  of  Tippecanoe,  which  Canadian  historians  deny  was  fermented 
by  British  influence  on  the  Northwestern  Indians,  was  claimed  in  the  debates 
of  Congress  to  be  the  commencement  of  the  War  of  1812. 


CHAPTER  IX 

THE   WAR   OF    l8l2 THE   STATE  OF   THE    NAVY — BATTLE   OF   LAKE    ERIE BUILDING 

THE  FLEET THE  VESSELS  ENGAGED THE  ACTION THE  SURRENDER THE  OPER- 
ATIONS OF  THE  ARMY AFTER  THE  WAR THE  TREATY  OF  GHENT. 

THE  WAR  OF  l8l2 

The  Twelfth  Congress  of  the  United  States,  which  met  the  year  1811,  in 
November,  declared  war  against  Great  Britain  on  the  18th  of  the  following  June. 
A  proclamation  was  issued  against  a  solemn  protest  by  the  federalist  party, 
appeals  being  made  to  the  patriotism  of  the  people.  Among  the  members  who 
were  determined  upon  war  were  Henry  Clay  of  Kentucky  and  John  C.  Calhoun 
of  South  Carolina. 

The  committee  on  foreign  relations  at  once  proposed  an  arraignment  of 
Great  Britain  for  persevering  in  the  enforcement  of  the  "orders  in  council," 
refusing  to  neutralize  the  right  of  trading  from  one  hostile  port  to  another  such 
port  until  France  should  abandon  her  restrictions  on  the  introduction  of  British 
goods.  France  had  suspended  her  decrees,  but  the  grievance  of  impressment 
was  constantly  renewed  by  Great  Britain.  The  committee  recommended  the 
enrollment  of  the  militia,  an  increase  in  the  number  of  regiments,  and  a  call  for 
volunteers,  and  reported  resolutions  for  repairing  the  navy  and  for  authorizing 
the  arming  of  merchantmen  in  self-defense.  New  frigates  were  voted,  and  a  loan 
of  Si  1.000,000.  Over  one  thousand  men  went  out  from  one  small  fishing  port, 
that  of  Marblehead,  Mass.,  to  help  man  the  frigates  in  defense  of  the  seas.  Re- 
solves were  passed  in  several  of  the  legislatures,  pledging  the  states  to  stand  by 
the  national  Government. 

THE    STATE    OF   THE    N.WY 

In  the  course  of  the  year  1791,  was  completed  the  first  census,  or  enumeration 
of  the  inhabitants  of  the  United  States.  They  amounted  to  3,921,326,  of  which 
number  695,655  were  slaves. 

The  revenue,  according  to  the  report  of  the  Secretary  of  the  Treasury, 
amounted  to  $4,771,000,  the  exports  to  about  nineteen,  and  the  imports  to  about 
twenty  millions. 

A  movement  for  building  a  navy  having  been  inaugurated  by  Congress  in  1794, 
against  great  opposition,  by  the  passage  of  an  act  for  building  "four  forty-fours 
and  two  thirty-six's;"  in  1798,  and  the  following  year,  during  the  administra- 
tion of  President  John  Adams,  it  assumed  proportions  of  considerable  import- 
ance and  consisted  of  "six  forty-fours,  three  thirty-six's,  seven  thirty-two's,  and 

117 


118  HISTORY  OF  NORTH  DAKOTA 

four  fifteen  to  twenty  smaller  vessels  of  war."  Its  rapid  construction  compelled 
the  admiration  of  the  great  powers,  who,  unaware  of  our  resources  and  natural 
energy,  wondered  at  so  sudden  a  development  of  naval  force.  In  the  words  of 
Samuel  L.  Knapp,  the  American  editor  of  an  English  history  of  the  United  States 
by  John  Howard  Hinton,  published  in  1846: 

"It  seemed  a  dream  to  all  the  world,  that  a  navy  could  rise  upon  the  bosom 
of  the  ocean  by  the  power  of  an  infant  nation,  in  so  sudden  a  manner.  The  fabled 
pines  of  Mount  Ida,  were  not  formed  into  ships  for  the  fugitive  Trojans  more 
rapidly  than  the  oaks  of  our  pasture-grounds  and  forest  were  thrown  into  naval 
batteries  for  the  protection  of  commerce  and  our  national  dignity." 

Under  the  act  of  March  3,  1801,  all  the  ships  and  other  vessels  belonging 
to  the  navy  of  the  United  States  were  sold,  with  the  exception  of  thirteen,  and 
those  were  most  of  them  frigates,  yet  from  this  remnant  was  taken,  in  the  sum- 
mer of  that  year  a  squadron  of  three  frigates  and  a  schooner,  to  which  another 
was  added  early  in  the  year  following,  to  subdue  the  corsairs  in  the  harbor  of 
Tripoli,  whose  reigning  bashaw  had  declared  war  against  the  United  States,  and 
blockaded  American  commerce  in  the  Mediterranean,  because  of  the  refusal  of 
the  United  States  to  purchase  immunity  from  capture  and  slavery  by  the  cor- 
sairs, from  the  sovereignties  of  Morocco  and  Algiers.  The  first  battle  settled  the 
supremacy  of  the  United  States  over  their  foreign  foes,  "showing,"  it  is  recorded, 
"our  superiority  in  naval  tactics  and  gunnery  over  anything  those  pirates  could 
produce." 

Peace  was  made  on  the  3d  of  June,  1805,  on  favorable  terms.  "And  then 
ended,"  says  the  historian  Knapp,  "a  war  which  surprised  the  nations  of  Europe. 
They  had  often  smiled  to  think  the  United  States,  a  new-born  nation,  should  be  so 
presumptuous  as  to  suppose  that  she  could  put  down  these  predatory  hordes, 
which  had  exacted  tribute  from  all  the  commercial  world  from  time  immemorial, 
but  it  was  done,  and  the  lookers-on  were  astonished  at  the  events  as  they  trans- 
pired. The  Pope,  who  had  ever  been  deeply  interested  in  all  these  pagan  wars, 
or  rather,  all  these  wars  against  pagan  powers,  declared  that  the  infant  nation  had 
done  more  in  five  years  in  checking  the  insolence  of  these  infidels  than  all  the 
nations  of  Europe  for  ages.  The  thunders  of  the  Vatican  had  passed  harmlessly 
over  these  pirates'  heads  through  more  than  ten  successors  of  St.  Peter,  until  the 
United  States  had  brought  these  infidels  to  tenns  by  the  absolute  force  of  naval 
power.  The  head  of  the  church  saw  that  the  people  of  a  free  nation  had  felt  the 
degradation  of  paying  tribute,  and  were  determined  to  do  so  no  longer  than  they 
could  concentrate  their  energies,  and  direct  them  to  bear  upon  the  general  foe  of 
Christendom.  The  whole  was  indeed  a  wonder,  that  a  nation  that  scarcely  had 
risen  into  the  great  family  of  independent  powers,  should  be  able  to  grapple  with. 
and  in  a  measure  subdue,  these  barbarians  who  had  been  for  so  long  a  time  the 
scourge  of  mankind.  We  had  not  taken  one  power  alone  but  all,  from  the  .Atlan- 
tic to  the  Red  Sea.  The  Doge  (of  Venice)  who  had  been  wedded  to  the  Adriatic, 
.and  promised  for  the  dower  of  his  bride  the  dominion  of  the  seas  from  the  Delta 
■of  Egypt  to  the  Straits  of  Gibraltar,  had  never  in  the  pride  of  aristocratic  strength 
claimed  the  honor  of  humbling  the  'insolent  Turk'  to  the  extent  that  the  United 
States  had  done  in  a  few  years.  The  arm  of  liberty,  when  properly  directed,  was 
always  deadly  to  despotism.  These  exertions  gave  our  flag  a  rank  among  the 
nations  of  Europe  in  these  classical  seas  in  which  so  great  a  proportion  of  all  the 


ilillard  Fillmore 


Franklin    Pierce 


James    Buchanan 


Abraham   Lincoln  Andrew    Johnson 

PRESIDENTS  OF  THE  UNITED  STATES  FROM  1849  TO  1869 


HISTORY  OF  NORTH  DAKOTA  119 

sea-fights  in  the  annals  of  man  had  taken  place,  from  the  early  ages  of  fable  and 
romance  to  modern  times.  The  corsair,  who  had  been  the  terror  of  the  world, 
was  now  found  a  furious,  but  not  unconquerable  foe,  and  the  barbarians,  whose 
tremendous  fierceness  had  been  the  tale  of  wonder  in  every  age,  seemed  in  our 
mode  of  warfare  less  dangerous  than  the  aboriginals  we  had  been  contending 
with  from  the  cradle  of  our  nation." 

THE  BATTLE  OF  LAKE  ERIE 

"Oh,  for  a  son  of  bright-eyed  glory. 

That  sweeping  o'er  the  chorded  shell, 
Should  in  sublimest  numbers  tell 
The  patriot  hero's  deathless  story." 

— Ode  by  Samuel  Taylor  Coleridge. 

Oxford,  June  15,  1814. 

Interminable  discussions  have  arisen  respecting  every  particular  of  this  en- 
gagement, but  only  well-established  facts  are  included  in  this  sketch. 

When  the  United  States  Congress,  in  the  autumn  of  181 1,  authorized  the 
building  of  new  frigates,  it  became  the  initial  movement  in  the  action  which  for 
the  first  time  placed  an  American  squadron  in  opposition  to  the  British  in  line 
of  battle.  Likewise,  it  was  the  first  defeat  Great  Britain  had  suffered  when  all 
her  force  was  either  captured  or  destroyed.  British  domination  was  supreme  on 
the  Great  Lakes,  and  it  appeared  to  be  the  purpose  of  that  government  to  assume 
control  of  the  vast  territory  of  the  west,  and  divide  its  dominion  from  Canada  to 
Mexico  with  the  United  States ;  the  Ohio  and  Mississippi  rivers  forming  a 
natural  boundary.  The  capture  of  the  far-reaching  Territory  of  Michigan  had 
given  them  the  advantage  of  the  command  of  Lake  Erie,  and  a  strategic  position 
of  which  it  was  the  United  .States'  design  to  relieve  them.  Losses  had  been 
sustained  on  land,  but  at  sea  the  men  whose  rights  had  been  violated  had  gained 
victories  which  soothed  the  wounded  pride  of  the  republic,  whose  navy  Great 
Britain  arrogantly  boasted  would  soon  be  "swept  from  the  ocean,"  for  the  War 
of  1812  was  fought  wherever  the  frontiers  of  the  two  countries  met.  It  was 
carried  down  to  the  Gulf  of  Mexico,  so  as  to  cut  off  the  United  States  from  the 
west,  on  the  sea  coast  all  along  the  Atlantic  shore  from  Maine  to  Mexico,  and 
on  the  coast  of  the  gulf,  ending  at  New  Orleans.  To  lay  waste  the  whole 
American  coast,  on  which  they  were  then  waging  predatory  warfare,  from  Maine 
to  Georgia,  was  the  avowed  intention  of  the  British. 

July,  1813,  the  navy  consisted  of  the  war  vessels  contained  in  the  following 
list: 

Names  Guns  Names  Guns 

Constitution  44  Isaac  Hull   lo 

United  States   44  Conquest   8 

President 44  Hamilton    8 

Macedonian   38  Raven    8 

Constellation   36  Scourge    6 

Congress  36  Governor  Tompkins   6 

New  York   36  Scorpion   6 

Essex 32  Growler    5 

Adams   32  Fair  American   4 


120  HISTORY  OF  NORTH  DAKOTA 

Names  Guns  Names  Guns 

Boston   32  Viper   12 

General  Pike 32  Lady  of  the  Lake 3 

Madison 28  Pert    3 

John  Adams   20  Juha   2 

Louisiana    20  Elizabeth    2 

Alert 18  Ontario   i 

Argus  18  Adeline    — 

Hornet    18  Asp   _ 

Oneida   18  Analostan     — 

Trouna    Despatch   — 

Revenge*    16  Ferret    — 

Syren   14  Neptune    — 

Nonsuch 14  Perseverance   — 

Enterprise    14  Aetna   bomb 

Carolina    14  Mary    bomb 

Comet*    14  Spitfire    bomb 

Duke  of  Gloucester 12  Vengeance    bomb 

President    12  Vesuvius   bomb 

Petapsco*    12 

In  addition  there  were  a  number  of  revenue  cutters  and  about  one  hundred 
and  seventy-eight  gunboats.  The  vessels  in  italics  had  been  captured  from  the 
British  since  the  war  began,  and  those  with  the  asterisk  were  hired  by  the  United 
States.  Of  this  list  the  Constitution  ("Old  Ironsides"),  launched  at  Boston, 
October  21,  1797,  is  now  out  of  commission  and  preserved  for  exhibition  as  a 
relic  in  the  Boston  Navy  Yard,  and  the  Constellation,  launched  at  Baltimore, 
Md.,  September  7.  1797,  having  been  used  for  years  as  a  training  ship  at  Narra- 
gansett  Bay  naval  station,  in  the  State  of  Rhode  Island,  was  in  June,  19 13, 
ordered  to  the  Brooklyn  Navy  Yard,  another  of  the  countr>''s  proud  possessions, 
to  be  equipped  for  service  as  an  object  lesson  of  illustrious  record. 

nUir.DING  THE  FLEET 

Lieut.  Oliver  Hazard  Perry,  then  twenty-seven  years  of  age,  and  living  in 
Washington  Square.  Newport,  R.  I.,  was  promoted  to  the  rank  of  master- 
commandant,  and  sent  by  the  navy  department  in  the  spring  of  1813  to  Lake 
Erie  to  command  the  fleet  which  had  been  ordered  built  there.  He  arrived  at 
the  Port  of  Erie,  then  known  as  Presque  Isle,  on  March  27th.  This  was  a 
trading  post  established  by  the  French  in  1749,  as  one  of  the  chain  of  forts  which 
was  to  unite  the  Canadas  with  Louisiana.  It  was  a  small  village  of  a  few 
log-houses  besides  the  post,  and  a  tavern,  and  contained  about  four  hundred  and 
fifty  inhabitants. 

Perry  found  at  Erie,  Capt.  David  Dobbins,  a  sailing  master  in  charge  of 
naval  affairs  on  Lake  Erie,  also  a  shipwright  from  New  York  of  the  name  of 
Noah  Brown,  who  was  building  the  fleet.  Captain  Dobbins  had  suffered  the 
loss  of  a  privately-owned  vessel  captured  by  the  British.  Fie  superintended  the 
building  of  si.x  vessels  for  Perry.  When  the  master-commandant  arrived  t^vo 
brigs,  the  Niagara  and  the  Lawrence,  were  in  process  of  construction  at  the 
mouth  of  Cascade  Creek.  Their  frames  were  of  oak,  the  decks  of  pine,  the 
outside  planking  of  oak.  They  were  no  feet  in  length,  and  had  a  breadth  of 
beam  of  29  feet.     In  the  building  of  these  crafts  permanency  was  not  consid- 


HISTORY  OF  NORTH  DAKOTA  121 

ered,  for  they  were  built  of  green  timber  cut  in  the  forest  there  for  the  purpose 
of  gaining  that  one  battle,  and  if  they  lost  it  the  vessels  would  be  good  enough  to 
surrender. 

On  the  9th  of  August,  1813,  Lieut.  Jesse  D.  Elliott  arrived  at  Erie  with  100 
men  and  was  assigned  to  the  Niagara,  and  on  the  12th  the  squadron  ran  the 
blockade  by  the  British  of  the  Port  of  Erie,  with  the  object  of  joining  forces 
with  Gen.  William  Henry  Harrison.  On  the  19th  General  Harrison  and  staiT, 
with  a  number  of  Indian  chiefs,  arrived  for  the  purpose  of  arranging  a  plan  of 
action  between  the  land  and  water  forces,  and  it  was  decided  to  move  upon  the 
enemy  as  soon  as  the  army  was  ready. 

THE   VESSELS   AND   THEIR    EQUIPMENT 

J.  Fenimore  Cooper,  the  novelist,  who  had  exceptional  and  superior  sources 
of  information,  and  a  personal  acquaintance  with  the  principal  officers  engaged 
in  the  battle,  in  his  book,  entitled  "The  Battle  of  Lake  Erie,"  published  in  1843, 
gives  the  English  official  account  of  the  metal  of  both  parties  as  follows : 

ENGLISH  SQUADRON 

Ship  Detroit — 19  guns,  2  long  24's ;  i  long  18  on  pivot;  6  long  12's;  8  long 
9's  ;  I  24-pound  carronade  ;  I   18-pound  carronade. 

Ship  Queen  Charlotte — 17  guns,  i  long  12,  on  pivot:  2  long  9's;  14  24-pound 
carronades. 

Schooner  Lady  Prevost — 13  guns,  i  long  9.  on  pivot;  2  long  6's ;  10  12-pound 
carronades. 

Brig  Hunter — 10  guns,  4  long  6's;  2  long  4's ;  2  long  2's;  2  12-pound  car- 
ronades. 

Sloop  Little  Belt — 3  guns,  i  long  12,  on  pivot;  2  long  6's. 

Schooner  Chippeway,  i  gun,  i  long  9. 

Guns  63,  metal;  total,  S51.     Average  as  to  guns.  i3'2  pounds  each  gun. 

AMERICAN    SQU.XDRON 

Brig  Lawrence — 20  guns,  2  long  12's;  18  32-pound  carronades. 

Brig  Niagara — 20  guns,  2  long  12's;  18  32-pound  carronades. 

Brig  Caledonia — 3  guns,  2  long  24's ;  i  32-pound  carronade. 

Schooner  Ariel — 4  guns,  4  long  12's  on  pivots. 

Schooner  Somers — 2  guns,  i  long  24 ;  i  32-pound  carronade. 

Schooner  Porcupine — i  gun,  i  long  32.  pivot. 

Schooner  Tigress — i  gun.  i  long  32.  pivot. 

Schooner  Scorpion — 2  guns,  i  long  32,  i  24-pound  carronade  on  pivots. 

Sloop  Trippe — i  gun,  i  long  24,  pivot. 

Guns  54,  metal;  total,  1,480.  Average  as  to  guns,  27^4  pounds  each  gLin ;  or 
about  double  that  of  the  British. 

"Such,"  writes  Cooper,  "is  Captain  (Robert  H.)  Barclay's  account  of  the 
force.  That  he  has  not  diminished  his  own  is  probable,  as  he  has  certainly  not 
exaggerated  the  American.     The  Trippe  had  a  long  32,  instead  of  the  24  he  has 


122  HISTORY  OF  NORTH  DAKOTA 

given  her,  while  the  Scorpion  is  beheved  to  have  had  a  long  24  and  a  32-pound 
carronade.  The  remainder  of  the  American  metal  is  thought  to  be  correctly 
given.  *  *  -  An  officer  of  great  experience,  one  friendly  to  Perry,  who 
had  seen  much  service  in  battle,  visited  the  squadron  on  Lake  Erie  and  Lake 
Chaniplain,  before  they  were  separated,  and  he  told  me  that  he  thought  the 
Lawrence  and  Niagara,  could  they  have  got  within  effective  distance  immediately, 
sufficient  to  have  defeated  all  of  Barclay's  force  united,  especially  with  a  stiff 
breeze." 

OFFICERS   OF  THE  OPPOSING   FLEETS 

The  commodore  of  the  British  fleet  was  Sir  James  Lucas  Yeo,  and  of  the 
American  fleet  Isaac  Chauncey,  but  there  were  no  officers  of  that  rank  at  the 
battle  of  Lake  Erie.  There  were  two  commodores  on  the  side  of  the  British, 
Capt.  R.  H.  Barclay  and  Capt.  R.  Finnis,  opposed  to  two  commanders  on  the 
American  side,  Lieut.  O.  H.  Perry  and  Lieut.  J-  D.  Elliott. 

Alaster-Commandant  Oliver  H.  Perry  was  in  command  of  the  American 
squadron.     The  other  officers  were : 

Brig  Lawrence  (flagship) — Lietit.  John  J.  Yamall. 

Brig  Niagara — Master-Commandant  Jesse  D.  Elliott. 

Brig  Caledonia — Lieut.  Daniel  Turner. 

Schooner  Ariel — Lieut.  John  H.  Packett. 

Schooner  Tigress — Lieut.  Augitstus  PI.  N.  Conckling. 

Sloop  Trippe — Lieut.  Thomas  Holdup. 

Schooner  Porcupine — ^Midshipman  George  Senate. 

Schooner  Scorpion — Sailing-^NIaster  Stephen  Champlin,  who  fired  the  first 
American  shot. 

Schooner  Somers — Sailing-Master  Thomas  C.  Almy. 

The  Ohio,  Capt.  Daniel  Dobbins,  was  not  in  the  battle,  having  been  sent  to 
Erie  for  provisions  and  supplies,  and  was  at  Erie  during  the  action. 

Capt.  Robert  Heriot  Barclay,  thirty-six  years  of  age,  commanding  the  British 
squadron,  had  fought  with  Nelson  at  Trafalgar,  had  lost  one  arm  fighting  the 
French,  and  was  destined  to  lose  the  other  in  this  battle. 

THE  .VCTION 

(From  the  American  Point  of  View) 

The  date  of  the  battle  is  September  10,  1813.  Perry,  in  his  report,  calls  it  a 
three  hours'  engagement.  It  was  a  cloudless  autumn  day  with  a  light  breeze 
blowing  and  a  smooth  sea.  The  ships  of  the  British  squadron  had  been  freshly 
painted  in  the  harbor  of  Maiden,  and  presented  a  gallant  appearance  as  they 
swung  into  action,  flying  the  red  cross  of  St.  George  at  the  masthead. 

At  11:45  A.  M.  the  squadrons  were  a  mile  apart.  The  Detroit  fired  a 
24-pounder.  the  shot  passing  beyond  the  Lawrence.  At  12:15  Perry  made  sail 
with  the  Lawrence,  the  Ariel  and  the  Scorpion,  to  get  at  close  quarters  and  to 
engage  the  Detroit,  the  Hunter,  the  Queen  Charlotte  and  the  Lady  Prevost. 
There  were  but  seven  guns  of  long  range  on  the  American  vessels  to  thirty-one 
on  the  British  vessels.  Perry's  guns  were  of  heavy  calibre,  Barclay's  were  of 
longer  range.     The  roar  of  the  gtms  was  heard  at  Erie. 


Ulysses   S.  Grant 


Rutherfonl    B.    Hayes 


James  A.   Garfield 


Chester  A.  Arthur  Grover   Cleveland 

PRESIDKNTS  OF  THE   UNITED  STATES   FROM   1869   TO   18S9 


HISTORY  OF  NORTH  DAKOTA  123 

The  total  number  of  men  and  boys  engaged  on  the  American  side,  according 
to  the  roll  that  drew  prize  money,  was  532 ;  of  these  432  were  on  deck,  one-fourth 
being  regular  naval  seamen.  The  official  report  of  the  British  shows  that  they 
had  450  men  on  deck,  150  of  whom  were  picked  men  from  the  British  navy,  and 
240  soldiers  from  the  Forty-first  Regiment  of  the  Line  and  the  Newfoundland 
Rangers. 

At  2  130  the  Lawrence,  the  Ariel  and  the  Scorpion  had  been  in  action  two  hours 
and  forty-five  minutes. 

A  broadside  from  the  enemy  carried  away  the  bowsprit  and  masts  of  the 
Lawrence,  riddled  her  hull  and  silenced  her  gims.  Perry  transferred  his  colors 
to  the  Niagara,  crossing  the  half-mile  of  intervening  space  in  a  small  boat  under 
a  heavy  fire,  continued  his  firing  from  her  decks,  and  signalling  his  fleet  for  close 
action,  opened  a  cross  fire  upon  the  British  flagship,  which  example  was  followed 
by  the  rest  of  the  American  squadron. 

At  2  45  the  British  squadron's  line  was  broken.  According  to  John  Chapman, 
a  gunner  on  the  Queen  Charlotte,  by  the  carrying  away  of  one  of  her  sails  she 
was  at  the  mercy  of  the  wind,  and  ran  foul  of  the  Detroit,  becoming  entangled 
with  her.  It  is  certain  that  the  Niagara  ran  across  the  bow  and  stern  of  the 
two  British  ships,  raking  them  fore  and  aft  with  her  starboard  broadside,  and 
■continuing  her  course,  poured  raking  fires  into  the  Lady  Prevost  and  the  Hunter 
with  her  port  battery,  and  the  remaining  vessels  of  the  American  squadron 
followed  his  lead  upon  their  British  opponents  for  eight  minutes. 

At  3  P.  M.,  or  fifteen  minutes  from  the  time  the  wind  was  fair  for  the  attack, 
an  officer  appeared  on  the  talTrail  of  the  Hunter,  waving  a  white  handkerchief 
as  a  signal  of  surrender.  The  Chippeway  and  the  Little  Belt  crowded  on  every 
inch  of  canvas  in  the  endeavor  to  escape,  but  were  overhauled  by  the  Trippe  and 
the  Scorpion. 

(From  the  British  Point  of  View) 

The  sources  of  information  for  the  observations  which  follow  are  the  letters 
of   Lieut.   Gen.    Sir   George   Prevost,   headquarters   at   Montreal,    from   whence 
dispatches    containing    reports    were    transmitted    to    Downing    Street,    London 
Captain    Barclay   thus   describes   the  opening   of   the   battle    from   the   time   h 
perceived  the  American  fleet  in  motion  in  Put-in  Bay : 

"The  wind,  then  at  southwest  and  light,  giving  us  the  weather-gage,  I  bore  up 
for  them,  in  hopes  of  bringing  them  into  action  among  the  islands,  but  that 
intention  was  soon  frustrated  by  the  wind  suddenly  shifting  to  the  southeast, 
which  brought  the  enemy  directly  to  windward.  The  line  was  formed  according 
to  a  given  plan,  so  that  each  ship  might  be  supported  against  the  superior  force 
of  the  two  brigs  opposed  to  them.  About  10  the  enemy  had  cleared  the  islands, 
and  immediately  bore  up,  under  easy  sail,  in  a  line  abreast,  each  brig  being  also 
supported  by  the  small  vessels.  At  11:45  I  commenced  the  action  by  firing  a 
few  long  guns;  about  12:15  the  American  commodore  (reference  to  Perry "), 
also  supported  by  two  schooners,  one  carrying  four  long  12-pounders,  the  other 
a  long  32  and  24  pounder,  came. to  close  action  with  the  Detroit;  the  other  brig 
of  the  enemy,  apparently  destined  to  engage  the  Queen  Charlotte,  supported  in 
like  manner  by  two  schooners,  kept  so  far  to  windward  as  to  render  the  Queen 


e 


124  HISTORY  OF  NORTH  DAKOTA 

Charlotte's  24-pound  carronades  useless,  while  she  was,  with  the  Lady  Prevost, 
exposed  to  the  heavy  and  destructive  fire  of  the  Caledonia  and  four  other  schoon- 
ers armed  vvith  long  and  heavy  guns  like  those  I  have  already  described.  *  *  * 
The  action  continued  with  great  fury  until  2  :3o,  when  1  perceived  my  opponent 
drop  astern,  and  a  boat  passing  from  him  to  the  Niagara,  which  vessel  was  at 
this  time  perfectly  fresh.  The  American  commander  bore  up,  and  supported  by 
his  small  vessels,  passed  within  pistol-shot,  and  took  a  raking  position  on  our 
bow;  nor  could  I  prevent  it,  as  the  unfortunate  situation  of  the  Queen  Charlotte 
jjrevented  us  from  wearing ;  in  attempting  it  we  fell  on  board  her.  My  gallant 
First  Lieutenant  Garland  (J.  Garland)  was  now  mortally  wounded,  and  myself 
so  severely  that  I  was  obliged  to  quit  the  deck.  *  *  *  Never  in  any  action 
was  the  loss  (of  ofificers)  more  severe;  every  officer  commantling  vessels,  and 
their  seconds,  were  either  killed  or  wounded  so  severely  as  to  leave  the  deck. 
The  weather-gage  gave  the  enemy  a  prodigious  advantage,  and  enabled  him  to 
choose  both  his  position  and  distance ;  so  that  his  long  guns  did  great  execution, 
while  the  carronades  of  the  Queen  Charlotte  and  Lady  Prevost  were  prevented 
having  much  effect." 

In  a  letter  of  the  officer  who  took  command  of  the  Detroit  on  Captain  Bar- 
clay's being  wounded,  he  describes  the  deplorable  situation  of  that  ship,  which 
"was  unmanageable,  every  brace  cut  away,  the  mizzen  topmast  and  gaff  down, 
all  the  other  masts  badly  wounded,  not  a  stay  left  forward,  hull  shattered  very 
much,  a  number  of  guns  disabled,  and  the  enemy's  squadron  raking  both  ships 
ahead  and  astern,  and  the  squadron  not  in  a  situation  to  support ;  in  consequence 
of  which  the  Detroit  struck;  the  Queen  Charlotte  having  previously  done  so." 

THE    SURRENDER 

The  defeated  officers  were  received  by  Perry  on  the  deck  of  the  Lawrence, 
to  which  his  colors  had  been  returned  when  the  fleet  ceased  firing.  It  was  at  the 
close  of  this  battle,  in  the  first  flush  of  victory,  that  Perry  sent  by  Midshipman 
Dulany  Forrest  of  the  Lawrence  the  penciled  dispatch  to  General  Harrison: 
"We  have  met  the  enemy,  and  they  are  ours.  Two  ships,  two  brigs,  one  schooner 
and  one  sloop."  and  to  the  secretary  of  the  navy,  William  Jones  of  Pennsylvania, 
the  following: 

"It  has  pleased  the  .Mmighty  to  give  to  the  arms  of  the  L'nited  States  a  signal 
victory  over  their  enemies  on  the  lake.  The  British  squadron,  consisting  of  two 
ships,  two  brigs,  a  schooner  and  a  sloop,  have  this  moment  surrendered  to  the 
forces  under  my  command,  after  sharp  conflict." 

At  9  o'clock  the  United  States  fleet  rendezvoused  at  Put-in  Bay,  north  and 
west  of  what  is  now  the  City  of  Sandusky,  Ohio,  on  the  west  border  of  Lake 
Erie,  which  was  one  of  the  best  harbors  on  the  lake.  The  captured  sh^ps  were 
valued  at  $225,000,  and  the  victory  established  the  supremacy  of  the  United 
States  on  the  lake,  and  by  co-operation  with  General  Harrison  the  release  of 
Michigan  from  British  occupation. 

"  'Twas  a  victory — yes ;  but  it  cost  us  dear ; 
For  that  company's  roll,  when  called  at  night, 
Of  a  hundred  men  who  went  into  the  fight, 
Numbered  but  twenty  that  answered  'Here !'  " 

— Nathaniel  Graham  Shcpard,  "Roll  Call." 


HISTORY  OF  NORTH  DAKOTA  125 

The  loss  to  the  United  States  in  the  battle  of  Lake  Erie  was  twenty-seven 
dead,  ninety-six  wounded ;  of  which  numljer  twenty-one  were  killed  and  sixty- 
two  wounded  on  board  the  Lawrence,  whose  whole  complement  of  able-bodied 
men  before  the  action  was  about  one  hundred. 

The  total  loss  to  the  British  was  three  officers,  thirty-eight  men  killed,  nine 
officers,  eighty-five  men  wounded.  Among  the  killed  was  Capt.  Iv.  Finnis  of  the 
Queen  Charlotte,  who  fell  soon  after  the  commencement  of  the  action,  "and  with 
him."  reports  Captain  Barclay — with  both  arms  gone  he  could  not  have  written — 
■'fell  my  greatest  support." 

The  Lawrence  carried  the  wounded  of  both  fleets  to  Erie.  The  dead  on 
board  the  vessels  of  both  squadrons,  with  the  exception  of  five  officers,  were 
buried  at  sea.  Each  form  was  sewed  in  a  canvas  shroud,  with  a  cannonball  for 
weight,  and  at  the  rising  of  the  moon  on  a  clear  September  evening,  they  were 
lowered  over  the  side,  describing  circles  as  they  sank  slowly  out  of  sight  in  the 
clear  water. 

The  British,  with  Tecumseh  as  ally,  were  at  Maiden  with  5,000  men,  ready 
to  cross  the  frontier,  and  September  23d  Perry  conveyed  1,200  troops  up  the 
lake  and  took  possession  of  Maiden.  When  the  army  in  co-operation  with  the 
fleet  reached  that  point,  they  found  the  fort  had  been  evacuated  by  the  British, 
and  Tecumseh's  Indians,  who  had  retreated  along  the  Thames  River — which 
flows  between  Lake  Huron  and  Lake  Erie,  emptying  into  Lake  St.  Clair — and 
Harrison  followed  in  pursuit. 

On  the  27th  Perry  reoccupied  Detroit  in  conjunction  with  the  army,  and  on 
the  2d  of  October  Master-Commandant  Elliott  ascended  the  Thames  River  with 
the  Scorpion,  the  Porcupine  and  the  Tigress.  On  the  5th  the  battle  of  the 
Thames  River  was  fought,  with  Harrison,  who  had  been  promoted  to  major 
general,  in  command.  The  allied  British  and  Indians  were  defeated,  and  Tecum- 
seh was  killed.  The  battlefield  was  near  the  site  of  the  present  City  of  Chatham, 
Ont.  The  British  loss  was  nineteen  regulars  killed  and  fifty  wounded,  and 
about  six  hundred  prisoners.  The  American  loss  in  killed  and  wounded 
amounted  to  upwards  of  fifty.  General  Harrison  died  in  the  Executive  Mansion 
at  Washington,  April  4,  1841,  after  an  illness  of  eight  days,  at  the  close  of  a 
month's  administration  as  President  of  the  United  States. 

AFTER    THE    WAR 

American  territory  having  been  recovered.  Perry's  fleet  rendezvoused  at  Erie, 
and  the  Lawrence,  the  Niagara,  the  Ariel,  the  Caledonia  and  Scorpion  were  at 
the  conclusion  of  the  war  dismantled  and  laid  up  in  Erie  and  all  subsequently 
condemned  and  sold.  The  colors  of  the  British  Detroit,  Lady  Prevost,  Hunter, 
Little  Belt  and  Chippeway  were  sent  to  the  Xaval  Institute  Building  at  Annapolis. 

Master-Commandant  Perry  was  jiromoted  captain,  his  commission  bearing 
date  of  the  victory,  and  reaching  him  on  the  2qth  of  November,  1813.  He  con- 
tinued in  active  service  until  his  death  of  fever  in  1819,  at  the  age  of  thirty-four. 

COLUMniA  THE  GEM  OF  THE  OCE.\N 

The  United  States,  in  the  ^^'ar  of  1812,  had  only  twenty  ships  equipped  for 
warfare  on  the  open  sea,  and  of  these  three  were  antiquated,  while  England  had 


126  HISTORY  OF  NORTH  DAKOTA 

between  six  and  seven  hundred  armed  vessels,  many  of  them  hne-of-battle  ships^ 
of  which  the  American  navy  was  entirely  destitute.  It  was  Britain's  proud 
boast  that  she  not  only  "swept  the  surface  of  the  vast  Atlantic,"  but  was  "mistressr 
of  the  seas ;"  yet  when  the  opportunity  came  to  prove  it  in  this  war  her  great 
ships  had  not  men  enough  to  work  them  or  their  guns.  Out  of  fifteen  sea  com- 
bats with  very  nearly  equal  forces  the  United  States  was  victorious  in  twelve,, 
and  more  than  five  hundred  prizes  were  made  by  the  Americans  during  the  first 
seven  months  of  the  war.  In  the  War  of  1812,  as  in  the  recent  war  with  Spain, 
American  gunnery  showed  its  superiority.  Sir  Howard  Douglas,  in  his  "Treatise 
on  Gunnery,"  thus  gives  his  reasons  for  British  failure:  "The  danger  of  resting 
satisfied  with  superiority  over  a  system  so  defective  as  that  of  our  former  oppo- 
nents has  been  made  sufficiently  evident.  We  became  too  confident  liy  being 
feeblv  opposed;  then  slack  in  warlike  exercise,  by  not  being  opposed  at  all;  and 
lastly,  in  many  cases  inexpert  for  want  of  drill  practice,  and  herein  consisted 
the  great  disadvantage  under  which,  without  suspecting  it,  we  entered  in  1812 
with  too  great  confidence  into  a  war  with  a  marine  much  more  expert  than  that 
of  any  of  our  European  enemies." 

It  was  not  for  any  special  regard  for  the  United  States  that  Napoleon  parted 
with  Louisiana,  but  after  it  had  passed  out  of  his  hands,  this  was  what  he  realized 
that  he  had  done:  "I  have  given,"  he  said,  "to  England  a  maritime  rival  that 
will  sooner  or  later  humble  her  pride." 

At  least  the  outcome  of  the  war  was  sufficiently  convincing,  for  as  President 
Woodrow  Wilson  says  in  his  work,  entitled  "History  of  the  American  People" : 
"The  war,  itself,  was  no  doubt  sufficient  guarantee  that  another  for  a  like  purpose 
would  never  be  necessary." 

It  was  Britannia's  ambition  to  "rule  the  waves,"  but  Columbia  became  the 
"gem  of  the  ocean." 

THE  TREATY  OF  PEACE 

Early  in  the  year  1814  the  British  government  had  indicated  to  the  United 
States  its  willingness  to  end  the  war,  which  was  costing  the  empire,  it  was  esti- 
mated, ten  million  pounds  sterling  a  year,  with  no  perceptible  gain.  The  "orders 
in  council"  had  been  repealed  five  days  after  war  was  declared.  In  the  three 
years'  conflict,  by  the  assertion  of  our  rights  on  the  high  seas,  our  sailors  had 
been  freed  from  impressment,  which  had  lasted  more  than  twenty  years,  and  the 
situation  resolved  itself  into  the  defining  of  boundaries  and  the  terms  of  peace 
greatly  to  be  desired  on  both  sides. 

Among  the  most  salutary  results  of  the  war  were  the  recognition  by  the  world 
of  the  rights  of  the  United  States  on  the  ocean  and  en  the  American  continent, 
and  owing  to  the  necessity  of  doing  without  foreign  importation,  the  introduction 
into  this  country  of  the  power  loom  in  order  to  supply  the  increasing  demand  for 
the  manufacture  of  cotton  and  woolen  goods. 

The  treaty  of  peace  was  signed  on  Christmas  eve,  1814,  and  two  weeks  after 
this  important  event,  of  which  the  country  was  as  yet  unaware,  had  taken  place 
in  Belgium,  the  War  of  1812  was  closed  by  a  battle  in  the  South.  There  the 
British  sent  Gen.  Sir  Edward  Pakenham,  brother-in-law  of  the  Duke  of  Welling- 
ton, with  12,000  men,  veterans  for  the  most  part  from  the  battlefield  of  Spain, 


HISTORY  OF  NORTH  DAKOTA  127 

to  take  New  Orleans,  and  on  the  8th  of  January,  1815,  the  American  Gen.  Andrew 
Jackson  received  him  at  an  entrenched  line,  which  had  been  thrown  up  across 
a  strip  of  land  below  the  city,  and  repelled  him,  sending  him  back  with  a  loss  of 
2,500  men.  General  Pakenham  was  killed.  The  American  loss  was  eight  killed 
and  thirteen  wounded. 

"Now  fling  them  out  to  the  breeze, — 

Shamrock,  thistle  and  rose, — 
And  the  star-spangled  banner  unfurl  with  these, 

A  message  to  friends  and  foes, 

Wherever  the  sails  of  peace  are  seen  and 

Wherever  the  war  wind  blows." 

— Alfred  Austin,  "To  America." 

THE    ERIE    SQU.XDROn's    SLOW    DECLINE 

The  brig  Niagara  was  never  sunk,  but  simply  settled  in  the  mud.  July  20, 
1820,  Commander  D.  Deacon  reported  to  the  navy  department  from  the  Erie 
station:  "Heretofore  the  seamen  and  marines  have  been  quartered  on  the  brig 
Niagara,  but  she  has  become  so  rotten  and  leaky  in  her  upper  works  and  decks 
that  I  have  been  obliged  to  prepare  a  large  workshop  in  the  navy  yard  for  their 
accommodation.  *  *  *  j  hj^ve  hauled  the  brig  into  the  basin  and  moored  her 
to  the  shore.     She  is  so  rotten  that  it  will  be  impossible  to  caulk  her  for  sinking." 

November  23,  1823,  Master-Commandant  George  Budd  reported:  "The 
Niagara  lies  in  the  little  bay,  beached ;  she  lies  in  about  four  feet  water.  She  is 
rotten  and  in  a  complete  state  of  decay,  totally  unfit  to  be  repaired.  I  would 
suggest  the  propriety  of  tearing  her  to  pieces." 

This  was  not  done,  for  in  the  reports  of  the  secretary  of  the  navy  for  1824 
and  1825  both  the  Niagara  and  Lawrence  are  mentioned  as  much  decayed  and 
sunk  in  the  mud,  and  it  is  recommended  that  they  be  broken  up  or  sold.  They 
were  sold  August  6,  1835,  at  Erie. 

The  Lawrence  and  Niagara  both  settled  in  Miser_v  Bay,  an  arm  of  Presque 
Isle  Bay,  Erie  harbor,  the  uppermost  part  of  the  Lawrence  only  two  or  three  feet 
lielow  the  surface  of  the  water.  It  was  so  near  the  surface  that  pieces  were 
sawed  off  and  made  into  souvenirs.  The  Niagara  was  six  or  seven  feet  below 
the  surface. 

Thirty-five  years  after  the  last  date  given  in  the  Government  reports  for  the 
sale  of  the  Niagara  and  Lawrence,  Leander  Dobbins,  son  of  Captain  Dobbins, 
is  known  to  have  had  an  ownership  in  the,  Lawrence,  which  seems  to  have  claimed 
more  public  interest  at  that  lime  as  Perry's  headquarters  during  the  battle;  Perry, 
according  to  the  detailed  reports  of  both  combatants,  not  having  been  more  than 
a  half  hour  on  the  Niagara,  and  yet  it  is  to  her  guns  and  the  change  of  the  wind 
in  her  sails  to  southeast  that  we  owe  the  turn  of  the  tide  from  defeat  to  victory. 

In  1876  the  Lawrence  was  raised  by  Leander  Dobbins  and  Thomas  J.  Viers 
of  Erie,  and  taken  to  the  Centennial  Exposition  at  Philadelphia,  where  it  was 
housed,  put  on  exhibition  and  entirely  destroyed  by  fire. 

In  the  winter  of  1912-13,  amid  snow  and  ice,  the  Niagara  was  lifted  from 
Misery  Bay.  rebuilt  and  rerigged  for  exhibition  at  the  celebration  of  the  centen- 
nial of  the  battle  of  Lake  Erie.  It  was  launched  June  7,  1913,  and  towed  across 
the  bay  about  iJ/S  miles,  where  it  was  moored  at  the  foot  of  Sassafras  Street  in 


128  HISTORY  OF  NORTH  DAKOTA 

the  City  of  Erie.  An  eye-witness  says :  "The  ribs  seemed  to  be  in  a  good  state 
of  preserv'ation,  and  were  used  in  the  rebuilt  vessel.  Some  of  the  inside  plankmg 
of  the  original  Niagara  was  also  used.  Under  the  deck  floor  all  around  the  vessel 
the  original  planks  were  used,  three  in  width,  each  about  twelve  niches  wide." 

On  the  Fourth  of  July,  1913,  the  celebration  of  the  centennial  of  Perry's  vic- 
tory, the  commemoration  of  100  years  of  peace  between  the  two  English-speaking 
nations,  and  the  campaign  of  Ceu.  \\'illiam  Henry  Harrison,  was  opened  in 
Put-in  Bay  by  the  firing  of  a  salute  at  dawn.  The  graves  of  the  officers,  both 
British  and  American,  who  are  buried  on  the  island  were  decorated  with  flowers, 
and  the  cornerstone  of  a  monument  to  be  erected  there  was  laid  by  the  Grand 
Lodge  of  Ohio  Masons.  Addresses  were  made  by  Col.  Henry  Watterson  of  the 
Louisville  (Ky. )  Courier-Journal  and  by  ex-Senator  John  J\L  Whitehead  of 
Wisconsin.  Referring  to  the  dying  words  of  another  naval  hero,  for  whom  the 
Lawrence  was  named,  which  Perry  nailed  to  his  masthead.  Colonel  Watterson, 
at  the  close  of  his  peroration,  proposed  the  following  sentiment :  "On  land  and 
sea,  in  glory  and  in  peril,  whenever  the  republic  rides  the  waves  too  proudly,  or 
is  threatened  by  foes  within  or  without,  let  us  take  them  as  a  message  from 
heaven  and  pass  them  on  to  our  neighbors  and  teach  them  to  our  children,  'Don't 
give  up  the  ship.'  " 

TRE.\TY  OF  PE.\CE  AND  .\MITY — ^TRE.ATV  OF  GHENT 

"Concluded  at  Ghent,  December  24,  1814;  ratification  advised  by  the  Senate, 
February  16,  1815;  ratified  by  the  President,  February  17,  1815;  ratifications 
exchanged,  February  17,  1815;  proclaimed  February  18,  1815." 

This  treaty  was  composed  of  a  preamble  and  eleven  articles.  Five  of  these 
articles,  relating  to  boundaries,  were  left  to  the  decision  of  commissioners,  who 
disagreed,  and  they  were  finally  determined  by  the  convention  of  August  9,  1842, 
which  concluded  the  Webster-Ashburton  Treaty — Daniel  Webster,  Secretary  of 
State,  for  the  United  States,  and  Alexander,  Lord  Ashburton,  Her  Majesty's 
Minister  Plenipotentiary  to  the  United  States. 

The  remaining  articles  were  on  the  declaration  of  peace,  the  cessation  of  hos- 
tilities, the  release  of  prisoners,  cessation  of  hostilities  with  Indians,  abolition 
of  the  slave  trade,  and  ratification. 

The  preamble  sets  forth  that : 

"His  Britannic  Majesty  and  the  United  States  of  America,  desirous  of  ter- 
minating the  war.  which  has  unhappily  subsisted  between  the  two  countries,  and 
of  restoring,  upon  principles  of  perfect  reciprocity,  peace,  friendship  and  good 
understanding  between  them,  have  for  that  purpose,  appointed  these  respective 
plenipotentiaries,  that  is  to  say : 

"His  Britannic  Majesty,  on  his  part,  has  appointed  the  Rt.  Hon.  James  Lord 
Gambler,  late  admiral  of  the  White,  now  admiral  of  the  Red  Squadron  of  His 
Majesty's  fleet:  Henry  Goulburn,  Esq.,  a  member  of  the  Imperial  Parliament, 
and  under  secretary  of  state,  and  William  Adams.  Esq.,  doctor  of  civil  laws; 
and  the  President  of  the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  has  appointed  John  Quincy  Adams,  James  A.  Bayard,  Henry 
Clav,  Jonathan  Russell  and  Albert  Gallatin,  citizens  of  the  United  States,  who, 


Benjamin  Hanisun 


William  McKinley 


Thcoikire  Roosevelt 


William   H.   Taft 


Woodiow  Wilson 


PRESIDENTS  OF  THE  UNITED  STATES  FROM   1889  TO  THE  PRESENT,  1016,  WITH 
THE    EXCEPTION   OF   CLE^■ELAND   FROM    1893    TO   139T 


HISTORY  OF  NORTH  DAKOTA  129 

after  a  reciprocal  communication  of  their  respective  full  powers,  have  agreed 
upon  the  following  articles : 

ARTICLE  I 

"There  shall  be  a  firm  and  universal  peace  between  His  Britannic  Majesty 
and  the  United  States,  and  between  their  respective  countries,  territories,  cities, 
towns  and  people,  of  every  degree,  without  exception  of  places  or  persons.  All 
hostilities,  both  by  sea  and  land,  shall  cease  as  soon  as  this  treaty  shall  have  been 
ratified  by  both  parties,  as  hereinafter  mentioned.  All  territory,  places  and  pos- 
sessions whatsoever,  taken  by  either  party  from  the  other  during  the  war,  or 
which  may  be  taken  after  the  signing  of  this  treaty,  excepting  only  the  islands 
hereinafter  mentioned,  shall  be  restored  without  delay,  and  without  causing 
any  destruction  or  carrying  away  any  of  the  artillery  or  other  property  originally 
captured  in  the  said  forts  or  places,  and  which  shall  remain  therein  upon  the 
exchange  of  the  ratifications  of  this  treaty,  or  any  slaves  or  other  private  property. 
And  all  archives,  records,  deeds  and  papers,  either  of  a  public  nature  or  belonging 
to  private  persons,  which  in  the  course  of  the  war  may  have  fallen  into  the  hands 
of  the  officers  of  either  party,  shall  be,  as  far  as  may  be  practicable  forthwith 
restored  and  delivered  to  the  proper  authorities  and  persons  to  whom  they 
respectively  belong.  Such  of  the  islands  in  the  Bay  of  P'assamaquoddy  as  are 
claimed  by  both  parties  shall  remain  in  the  possession  of  the  party  in  whose  occu- 
pation they  may  be  at  the  time  of  the  exchange  of  the  ratifications  of  this  treaty, 
until  the  decision  respecting  the  title  to  the  said  islands  shall  have  been  made  in 
conformity  with  the  fourth  article  of  this  treaty.  No  disposition  made  by  this 
treaty  as  to  such  possession  of  the  islands  and  territories  claimed  by  both  parties 
shall  in  any  manner  whatever  be  construed  to  affect  the  right  of  either. 

ARTICLE  II 

"Immediately  after  the  ratification  of  this  treaty  by  both  parties,  as  hereinafter 
mentioned,  orders  shall  be  sent  to  the  armies,  squadrons,  officers,  subjects  and 
citizens  of  the  two  powers  to  cease  from  all  hostilities.  And  to  prevent  all  causes 
of  complaint  which  might  arise  on  account  of  the  prizes  which  may  be  taken  at 
sea  after  the  said  ratifications  of  this  treaty,  it  is  reciprocally  agreed  that  all 
vessels  and  effects  which  may  be  taken  after  the  space  of  twelve  days  from  the 
said  ratifications,  upon  all  parts  of  the  coast  of  North  America  from  the  latitude 
of  twenty-three  degrees  north  to  the  latitude  of  fifty  degrees  north,  and  as  far 
eastward  in  the  Atlantic  Ocean  as  the  thirty-sixth  degree  of  west  longitude  from 
the  meridian  of  Greenwich,  shall  be  restored  on  each  side ;  that  the  time  shall  be 
thirty  days  in  all  other  parts  of  the  Atlantic  Ocean  north  of  the  equinoctial  line 
or  equator,  and  the  same  time  for  the  British  and  Irish  channels,  for  the  Gulf 
of  Mexico  and  all  parts  of  the  West  Indies ;  forty  days  for  the  North  seas,  for 
the  Baltic  and  for  all  parts  of  the  Mediterranean;  sixty  days  for  the  Atlantic 
Ocean  south  of  the  equator,  as  far  as  the  latitude  of  the  Cape  of  Good  Hope; 
ninetv  days  for  every  other  part  of  the  world  south  of  the  equator,  and  120  days 
for  nil  other  parts  of  the  world  without  exception. 

Vol.  1—9 


130  HISTORY  OF  NORTH  DAKOTA 

ARTICLE  III 

"All  prisoners  of  war  taken  on  either  side,  as  well  by  land  as  by  sea,  shall  be 
restored  as  soon  as  practicable  after  the  ratifications  of  this  Treaty,  as  hereinafter 
mentioned,  on  their  paying  the  debts  which  they  have  contracted  during  their 
captivity.  The  two  contracting  parties  respectively  engage  to  discharge  in  specie 
the  advances  which  may  have  been  made  by  the  other  for  the  sustenance  and 
maintenance  of  such  prisoners. 

.\RTICLE  IX 

"The  United  States  of  America  engage  to  put  an  end,  immediately  after  the 
ratifications  of  the  present  treaty,  to  hostilities  with  all  the  tribes  or  nations  of 
Indians  with  whom  they  may  be  at  war  at  the  time  of  such  ratifications,  and  forth- 
with to  restore  to  such  tribes  or  nations,  respectively,  all  the  possessions,  rights 
and  privileges  which  they  may  have  enjoyed  or  been  entitled  to  in  1811,  previous 
to  such  hostilities;  provided  always  ihat  such  tribes  or  nations  shall  agree  to 
desist  from  all  hostilities  against  the  United  States  of  America,  their  citizens 
and  subjects,  upon  the  ratification  of  the  present  treaty  being  notified  to  such 
tribes  or  nations,  and  shall  so  desist  accordingly.  And  His  Britannic  Majesty 
engages  on  his  part  to  put  an  end,  immediately  after  the  ratifications  of  the 
present  treaty,  to  hostilities  with  all  the  tribes  or  nations  of  Indians  with  whom 
he  may  be  at  war  at  the  time  of  such  ratifications,  and  forthwith  to  restore  to 
such  tril)es  or  nations,  respectively,  all  the  possessions,  rights  and  privileges 
which  they  may  have  enjoyed  or  been  entitled  to  in  181 1,  previous  to  such  hostili- 
ties. Provided  always  that  such  tribes  or  nations  shall  agree  to  desist  from  all 
hostilities  against  His  Britannic  Majesty,  and  his  subjects,  upon  the  ratifications 
of  the  present  treaty  being  notified  to  such  tribes  or  nations,  and  shall  so  desist 
accordingh'.'" 

Relative  to  the  African  slave  trade  Article  X  has  the  following: 

''Whereas,  the  traffic  in  slaves  is  irreconcilable  with  the  principles  of  human- 
ity and  justice,  and  whereas,  both  His  Majesty  and  the  United  States  are  desirous 
of  continuing  their  eftorts  to  promote  its  entire  abolition,  it  is  hereby  agreed  that 
both  the  contracting  parties  shall  use  their  best  endeavors  to  accomplish  so 
desirable  an  object."" 

The  question  assumed  a  more  practical  form  in  Article  VIII  of  the  Webster- 
Ashburton  Treaty,  which  reads  as  follows : 

"The  parties  mutually  stipulate  that  each  shall  prepare,  equip  and  maintain 
in  service  on  the  coast  of  Africa  a  sufficient  and  adequate  squadron  or  naval  force 
of  vessels  of  suitable  numbers  and  descriptions,  to  carry  in  all  not  less  than  eighty 
guns,  to  enforce,  separately  and  respectively,  the  laws,  rights  and  obligations  of 
each  of  the  two  countries  for  the  suppression  of  the  slave  trade,  the  said  squad- 
rons to  be  independent  of  each  other,  but  the  two  governments  stipulating,  never- 
theless, to  give  such  orders  to  the  ofiicers  commanding  their  respective  forces  as 
shall  enable  them  most  effectively  to  act  in  concert  and  co-operation  upon  mutual 
consultation,  as  exigencies  may  arise,  for  the  attainment  of  the  true  object  of 
this  article,  copies  of  all  such  orders  to  be  communicated  by  each  Government  to 
the  other  respectively." 


HISTORY  OF  NORTH  DAKOTA  131 

Articles  relating  to  the  stippression  of  this  traffic  have  been  incorporated  in 
the  treaties  with  Great  Britain  of  1862,  1863,  1870  and  18'jO,  the  last  named 
calling  a  convention  at  Brussels  of  all  the  great  powers,  "In  the  name  of  God 
Almighty." 

The  Treaty  of  Ghent  closes  with  the  following  article: 

ARTICLE   XT 

"This  treaty,  when  the  same  shall  have  been  ratified  on  both  sides,  without 
alteration  by  either  of  the  contracting  parties,  and  the  ratifications  mutually 
exchanged,  shall  be  binding  on  both  jjarties,  and  the  ratifications  shall  be 
exchanged  at  Washington,  in  the  space  of  four  months  from  this  day,  or  sooner 
if  practicable.  In  faith  whereof  we,  the  respective  plenipotentiaries,  have  signed 
this  treaty,  and  have  thereunto  affixed  our  seals.  Done,  in  triplicate,  at  Ghent, 
the  24th  day  of  December.  1814.'' 

.Signed :  Gambier,  Henry  Goulburn,  William  .\dams,  John  Ouincy  Adams. 
J.  A.  Bayard,  H.  Clay,  Jonathan  Russell,  Albert  Gallatin. 

SLAVERY 

In  concluding,  some  general  facts  in  relation  to  slavery  may  be  of  interest. 
The  first  attempt  to  establish  a  trading  post  in  the  Dakotas  (  1726)  was  for  tlie 
purpose  of  securing  slaves  by  the  purchase  of  captives  from  warring  tribes  or  by 
kidnapping  for  supplying  the  market  in  the  West  Indies,  following  the  precedents 
established  in  Africa. 

Pierre  Bonga,  one  of  Henry's  Brigade,  which  instituted  the  first  permanent 
settlement  in  Dakota  Territory-,  was  a  slave  brought  from  the  West  Indies.  York, 
Captain  Clark's  slave,  was  the  most  attractive  feature  in  the  Lewis  &  Clark 
Expedition.  Both  left  descendents  in  Xorth  Dakota.  Other  slaves  were  brought 
into  the  Dakotas  by  army  officers.  John  Tanner,  the  white  captive,  was  a  slave 
among  the  Indians  and  sold  as  such  from  time  to  time,  and  there  was  some  traffic 
in  _  captives  sold  as  slaves  by  the  Indians.  The  system  of  contracts  with  the 
voyageurs  resulted  in  virtual  sla\-ery  in  many  cases  through  the  system  of  fines 
and  advances  made  by  the  fur  companies. 

The  creation  of  the  Territory  of  Dakota  was  made  possible  in  1861  by  the 
withdrawal  of  the  representatives  from  the  slave-holding  states  from  Congress. 

Prior  to  A.  D.  1441  slavery,  which  had  existed  in  some  form  from  the 
beginning  of  human  history,  had  generally  been  confined  to  captives  in  war. 
Tribes  and  even  nations  were  subjugated  or  carried  away  captive.  Such  was 
the  case  with  the  Israelites,  who,  in  their  distress,  '"hung  their  harps  on  the 
willows  and  sat  down  by  the  rivers  of  Babylon  and  wept."  The  time  they  were 
carried  away  into  Egypt  was  recognized  as  an  epoch  from  which  time  was 
reckoned.  Captives  were  generally  put  on  public  works.  The  temple  at  Jeru- 
salem was  builded  bv  captives  and  their  children.  Captivity  was  recognized  by 
the  prophets  as  the  just  reward  of  iniquity:  unfortunates  were  sometimes  sold 
into  captivity  for  crime  or  debt,  but  not  on  account  of  color. 

In  A.  D.  1441  two  captains  of  vessels  sailing  under  the  flag  of  Portugal  seized 
a  number  of  Moors  who  were  taken  to  Portugal,  but  were  allowed  to  ransom 


132  HISTORY  OF  NORTH  DAKOTA 

themselves,  and  in  doing  so  included  in  the  price  paid  ten  black  slaves.  In  1445 
four  negroes  were  made  captive  and  taken  to  Portugal,  and  in  1448  a  factory  or 
trading  post  was  established  on  the  small  island  Arguin,  from  which  several 
hundred  black  people,  taken  captive  in  tribal  wars  or  kidnapped,  were  obtained 
by  their  agents  and  sent  to  Portugal  each  year,  while  slaves  secured  by  other 
traders  were  taken  to  Tunis  and  Sicilv. 

In  1492  the  trade  of  the  Portugal  company  had  fallen  to  300,  but  the  dis- 
covery of  America  added  a  new  impetus  to  the  trade  in  human  beings,  in  which 
Columbus  took  an  active  part,  the  Spanish  having  engaged  in  the  trade,  sending 
large  numbers  of  Indians  to  Spain  and  to  the  West  Indies.  Preference,  however, 
was  given  to  the  negro  slaves,  regarded  more  valuable  than  the  Indians  in  a 
ratio  of  four  to  one. 

In  1500  Gasper  Cortereal,  in  the  service  of  the  King  of  Portugal,  seized  fifty 
natives  on  the  coast  of  Labrador,  carried  them  to  Portugal  and  sold  them  as 
slaves.  Returning  the  next  year  for  more  captives  he  is  supposed  to  have  been 
lost  at  sea. 

In  1520  Lucas  \''asquez  de  Ayllon,  a  Spanish  explorer,  enticed  a  large  num- 
ber of  Indians  from  the  coast  of  South  Carolina  on  board  his  ships  and  sailed 
Tiway  with  them  as  captives.  Two  of  his  vessels  were  lost  at  sea  and  most  of 
the  remaining  captives  died.  He  returned  five  years  later  when  he  met  with 
fierce  opposition  by  the  natives.  His  best  ship  ran  aground  and  most  of  the 
crew  were  killed  by  the  Indians. 

Giovanni  da  Verrazzano,  who  visited  the  coast  in  1524,  kidnapped  an  Indian 
boy  and  carried  him  away  to  France  He  tried  to  capture  an  eighteen-year-old 
girl,  but  she  made  such  an  outcry  they  feared  to  accomplish  this  purpose,  being 
some  distance  from  their  vessel. 

In  i5<Sg  De  Soto,  lured  into  the  forest  in  a  search  for  gold  and  populous 
and  wealthy  villages,  forced  his  captives  to  carry  supplies  on  his  long  marches, 
striking  terror  into  the  hearts  of  the  Indians  visited  by  his  extreme  cruelty.  At 
the  battle  of  Mobile,  where  he  suffered  so  severely,  his  captives  were  released 
ty  the  enemy  and  joined  in  a  battle  which  nearly  ruined  his  expedition. 

The  first  negro  slaves  were  landed  in  England  in  1553,  and  in  1562  that 
country  engaged  in  the  slave  trafific.  Sir  John  Hawkins  is  credited  with  begin- 
ning the  traffic,  Queen  Elizabeth  being  a  sharer  in  the  profits.  Four  English 
companies  were  chartered  for  the  slave  trade,  Charles  IT  and  James  TI  being 
members  of  the  fourth  company,  with  the  Duke  of  York  and  James  11  at  the 
liead.  Later  the  Royal  African  Company  received  aid  from  Parliament,  their 
companies  furnishing  slaves  to  America,  and  in  1713  the  privilege  of  supplying 
them  to  the  Spanish  colonies  was  secured  to  the  English  for  thirty  years,  during 
which  period  144.000  were  supplied  under  their  contract. 

The  French  and  Dutch  were  also  ensraeed  in  this  trafific.  In  1605  George 
Wevmouth  made  a  trip  to  the  Maine  coast  for  the  purpose  of  trade  and  captured 
and  carried  to  England  five  Indians  whom  he  gave  to  his  friends  as  slaves. 

In  t6tq  a  Dutch  man-o'-war  sold  twenty  negroes  to  the  colony  at  James- 
town, but  thev  were  carried  on  the  roll  as  servants,  and  probably  treated  the 
same  as  the  white  indentured  sen'ants  who  constituted  a  considerable  portion 
of  the  colony.     The  same  year  the  King  sent  over  100  convicts  from  English 


HISTORY  OF  NORTH  DAKOTA  133 

prisons,  to  be  sold  as  servants  to  the  colonists,  and  this  system  was  pursued  for 
many  years  against  the  protests  of  the  people  of  the  colony. 

In  1624-5  there  were  in  the  colony  thirty-three  Africans  who  were  listed 
as  servants.  The  first  servant  for  life  in  this  colony,  of  which  there  is  any 
definite  account,  was  John  Punch,  a  negro.  He  had  run  away  with  two  white 
servants.  They  were  all  catight.  The  period  of  servitude  of  the  whites  was 
extended  four  years  as  punishment,  but  John  Punch  was  sentenced  to  servitude 
for  life.  Slavery  was  made  hereditary  by  law  in  \'irginia  in  1662,  when  it  was 
provided  that  the  issue  from  the  mother  should  follow  her  condition  of  servitude. 

Slavery  had  existed  in  the  English  settlements  in  the  Carolinas  from  the 
beginning  of  the  life  of  these  colonies,  and  in  1672  Sir  John  Yeomans,  governor 
of  South  Carolina,  brought  several  negro  slaves  from  the  Barbadoes.  Slavery 
prevailed  in  all  of  the  colonies,  and  all  of  them  made  a  practice  of  buying  and 
selling  captives  taken  in  war  with  the  Indians.  Those  for  whom  there  was  a 
market  were  sent  to  the  West  Indies  and  the  others  parceled  out  among  the 
colonists  for  such  use  as  they  were  fitted. 

The  Carolinas  in  1702-1708  sent  three  expeditions  against  the  Indians  warring 
against  them  and  almost  the  entire  population  of  seven  large  villages  were  made 
captive  and  sold  as  slaves.  It  was  a  common  practice  to  kidnap  the  children 
of  the  Tuscaroras  and  sell  them  into  slavery,  and  this  was  the  cause  of  the 
Tuscarora  war  of  1711-13. 

So  common  had  been  the  practice  of  sending  Indians  to  Pennsylvania  to  be 
sold  as  slaves  that  the  provincial  cotmcil  of  that  colony  in  1705  enacted  that 
"Whereas  the  importation  of  Indian  slaves  from  Carolina  or  other  places  hath 
been  obser\'ed  to  give  the  Indians  of  this  province  some  umbrage  for  suspicion 
and  dissatisfaction,  stich  importation  be  prohibited  j\Iarch  25,  1706." 

June  7,  1712,  an  act  was  passed  bv  this  council  forbidding  the  importation 
of  Indians  for  slaves,  but  provided  for  the  sale  of  those  which  had  been  imported 
for  that  purpose.  The  prisoners  taken  by  Col.  John  Farnwell  in  his  campaign 
against  the  Indians  in  the  Tuscarora  war  were  advertised  to  be  sold  in  the 
Massachusetts  and  other  colonies,  and  to  take  in  these  captives  Pennsylvania 
appears  to  have  adopted  this  later  prohibitory  provision. 

The  invention  of  the  cotton  gin  in  170,'^  caused  a  great  increase  in  the  demand 
for  slaves  in  that  portion  of  the  South  adapted  to  the  growth  of  cotton. 

Previous  to  1776,  300.000  negro  slaves  had  been  imported  by  the  colonies. 
At  the  first  census,  in  1790.  the  slaves  in  the  United  States  were  distributed  as 
follows : 

New  Hampshire  158 

Vermont   17 

Rhode  Island Q.'^s 

Connecticut 2.350 

Massachusetts  none 

New  York   21,324 

New  Jersey   1 1423 

Pennsylvania    .?7,?7 

Maryland    103,036 

Virginia    293,427 


134  HISTORY  OF  NORTH  DAKOTA 

North  Carolina   100,572 

South  CaroHna   107,094 

Georgia 29,264 

Kentucky    11 ,830 

Tennessee 3.417 


Total 697.897 

The  number  increased  in  1806  to  893,041,  in  1810  to  1,191,364,  and  in  like 
proportion  until  i860,  when  the  slaves  in  the  United  States  numbered  3,953.760, 
and  the  total  number  of  blacks  who  had  been  bought  or  kidnapped  and  carried' 
away  from  Africa  had  reached  the  enormous  figure  of  40,000,000,  and  the 
trade  was  still  being  carried  on. 

As  early  as  1776  slavery  had  become  a  menace  and  it  was  resolved  that  year 
by  the  Continental  Congress  that  no  more  slaves  should  Ije  imported  into  the 
colonies,  but  when  the  Constitution  was  adopted  action  was  postponed  on  this 
question. 

July  27,  1787,  however,  Congress  passed  by  a  unanimous  vote  a  bill  introduced 
by  Nathan  Dane  forbidding  involuntary  ser\itude  in  that  jiortion  of  the  United 
States  constituting  the  Northwest  Territory. 

The  treaty  of  Ghent  between  the  United  States  and  Great  Britain  (181 5) 
denounced  the  traffic  in  slaves  as  irreconcilable  with  the  principles  of  humanity 
and  justice,  and  both  powers  agreed  to  use  their  best  endeavors  to  accomplish  its 
destruction.  In  the  Webster-Ashburton  Treaty  (1842)  it  was  stipulated  each 
government  should  prepare,  equip  and  maintain  to  serve  on  the  coast  of  Africa 
a  sufficient  and  adequate  naval  force,  carrying  in  all  not  less  than  eighty  guns, 
to  enforce  separately  and  respectively  the  laws,  rights  and  obligations  of  each 
of  the  two  countries,  and  to  act  in  concert  and  co-operation  in  the  suppression 
of  the  slave  traffic.  Other  strenuous  treaties  followed,  but  under  the  existing 
treaties  and  agreements  with  France  and  Spain  a  certain  number  of  cruisers 
were  being  maintained  on  the  east  and  west  coasts  of  Africa,  and  in  the  West 
Indies,  for  the  su])pression  of  the  trade  which  under  the  laws  of  these  countries 
was  then  recognized  as  piracy.  France  and  Spain  having  become  parties  to 
this  compact  each  country  maintained  its  separate  squadron. 

In  January,  1015,  Capt.  O.  S.  Willey,  who  was  an  officer  on  one  of  the 
vessels  of  the  United  States  patrol,  read  a  paper  before  Burnside  Post,  Grand 
Armv  of  the  Republic,  Washington,  D.  C,  from  which  the  following  facts  have 
been  gleaned : 

"In  1858  the  United  States  brig  of  war  Dolphin,  commanded  by  Lieut. 
John  A.  Moffitt,  captured  off  the  Island  of  Cuba  the  American  brig  Echo  of 
Boston  from  the  west  coast  of  Africa  with  a  large  cargo  of  African  slaves. 
The  prize  was  taken  to  Charleston,  but  in  view  of  the  hostility  there  to  inter- 
ference with  the  slave  trade,  was  sent  to  New  York,  where  she  was  sold  and  the 
captives  returned  to  Liberia. 

"In  December,  1858,  the  Wanderer  landed  a  cargo  of  slaves  on  the  coast  of 
Georgia,  followed  by  another  the  next  year,  and  a  third  attempt  was  made  in 
t86o.  but  it  was  reported  and  believed  at  the  time  that  she  landed  her  cargo  near 


HISTORY  OF  NORTH  DAKOTA  135 

San  Antonio,  Cuba.  She  was  seized  by  the  United  States  and  condemned 
and  sold. 

"Early  in  the  spring  of  i860  the  American  bark  William  of  New  York  was 
captured  by  the  Wyandotte  of  the  United  States  patrol  with  680  slaves  on  board 
from  the  west  coast  of  Africa  for  the  trade  in  the  United  States.  Every  vessel 
passing  was  boarded  by  the  patrol,  sometimes  as  many  as  forty  or  fifty  vessels 
a  day.  Among  the  slavers  captured  that  spring  were  the  American  bark  Wild- 
fire of  New  York,  having  on  board  520  slaves,  captured  by  the  Mohawk  and 
taken  to  Key  West,  and  the  French  bark  Bogata  with  411  slaves.  This  capture 
was  by  the  Crusader,  with  which  Captain  Willey  was  then  serving." 

Under  our  laws  slave-trading  was  piracy,  but  the  only  person  convicted  and 
executed  for  this  crime  was  Nathaniel  Gordon,  who,  in  November,  1861,  was 
convicted  and  executed  in  the  State  of  New  York.  In  other  cases  the  officers 
and  crews  escaped  through  being  used  as  witnesses  in  proceedings  against  the 
vessels  which  were  sold,  and  in  some  instances  returned  to  the  slave  trade,  as 
was  the  case  with  the  Wanderer. 

Captain  Willey  described  the  hold  of  the  ordinary  slaver,  where  the  cajitives 
were  confined  during  the  voyage  of  several  weeks  across  the  seas,  as  a  room 
80  or  90  feet  in  length,  35  or  40  feet  in  width,  and  6  or  7  feet  in  height.  The 
floor  space  was  largely  occupied  by  water  barrels  on  which  planks  were  laid, 
which  formed  the  slave  deck  and  on  which  there  was  room  to  sit  ujiright  Init 
not  to  stand  erect.  Twenty-five  or  thirty  open  barrels  were  utilized  to  accom- 
modate the  calls  of  nature  and  the  pangs  of  sea  sickness.  The  only  openings 
were  the  hatches,  eight  to  ten  feet  square,  which  were  closed  during  bad  weather 
for  several  days  at  a  time.  Into  such  cjuarters  were  cast  a  thousand  or  more 
naked  men,  women  and  children,  the  resulting  fikh  being  indescribable  and  the 
odors  overpowering.  Many  did  not  have  room  even  on  the  floor  to  recline  at 
length  ;  they  crouched  on  the  slave  deck,  pillowing  their  heads  against  each  other. 

Occasionally  as  many  as  could  be  accommodated  with  standing  room  in  the 
deck  were  driven  up  and  the  crew  dashed  a  few  buckets  of  water  over  them. 
No  other  measure  of  cleanliness  was  undertaken.  Those  put  over  them  were 
sometimes  fiendishly  brutal,  ever  ready  with  a  kick  or  blow,  and  the  females 
were  denied  the  protection  accorded  to  female  brutes. 

The  William  and  the  Wildfire  each  sailed  from  the  West  Coast  with  1,000 
slaves.  Of  these  2,000  human  beings  680  were  landed  from  the  William  and 
520  from  the  Wildfire.     The  remainder  died  enroute. 

The  boarding  crew  from  the  Wyandotte  weighted  and  consigned  to  the  deep 
twenty-one  bodies  from  the  William,  death's  harvest  of  the  preceding  night. 
The  Mohawk  crew  did  likewise  with  fourteen  bodies  from  the  Wildfire. 

The  passage  across  was  usually  made  in  from  eight  to  ten  weeks,  never  less, 
more  frequently  in  excess.  The  horrors  of  the  "middle  passage"  across  the 
western  ocean  were  surely  not  of  such  a  nature  as  to  improve  the  physical 
condition  of  the  wretched,  docile  savages,  for  notwithstanding  their  supposed 
savagery,  they  were  docile  and  reasonably  tractable  towards  their  white  masters, 
inspired,  perhaps,  through  fear  and  ignorance. 

The  captives  cost  from  $5  to  $25  in  the  first  instance  and  were  sold  at  from 
$150  to  $400  after  their  delivery  in  the  United  States. 


PART  II 


CHAPTER  X 
EARLY  EXPLORIX'G  EXPEDITIONS 

LOXg's  YELLOVVSTOXE  1-:XPI£DITI(J.\ FIRST  STEAMHOAT  OX  THE  MISSOURI THE  FIRE 

BOAT   THAT    WALKS   OiX    THE    WATER LONg's    INTERNATIONAL    BOUNDARY    EXPE- 
DITION— JOSEPH      RENVILLE.      GUIDE — FEASTED      BY      THE      WAHPETONS — CHIEF 

WANATON THE    DEBATABLE    LAND REJOICING    AT    PEMBINA' RETURN    OF    THE 

HUNT — DOG    SLEDGES    AND    TRAVOIS — RED    RIVER    CARTS — ARISTOCRACY    OF    THE 

PLAINS — EXPEDITION    OF    MAJ.    SAMUEL    WOODS OPENING    OF    NAVIGATION    ON 

THE  RED  RIVER — ON  THE  MISSOURI  RIVER LOUISIANA  FUR  COMPANIES. 

"By  mutual  confidence  and  mutual  aid 
Great  deeds  are  done  and  great  discoveries  made." 

— Homer's  Iliad. 
"Wliat  was  only  a  patli  is  now  made  a  high  road." 

— Martial  Epigrams,  Book  y,  60. 

long's    YELLOWSTONE    EXPEDITION    l8ig-l820 

James  Monroe,  as  President  of  the  United  States,  was  desirous  of  protect- 
ing the  frontier  from  British  aggression,  being  convinced  that  the  whole  western 
country  took  a  great  interest  in  the  success  of  the  contemplated  establishment  of 
a  military  post  at  the  mouth  of  the  Yellowstone  River;  that  it  was  looked  upon 
as  a  measure  better  calculated  to  preserve  the  peace  of  the  frontier,  secure  to  us 
the  fur  trade,  and  break  up  the  intercourse  between  the  British  traders  and  the 
Indians,  than  any  other  which  had  been  taken  by  the  Government,  and  he  ex- 
pressed a  willingness  to  assume  great  responsibility  in  hastening  its  consummation. 

Accordingly.  Alaj.  Stephen  II.  Long  was  selected  to  conduct  the  expedition 
to  the  mouth  of  the  Yellowstone,  or  to  the  Mandan  villages,  as  a  part  of  the 
system  of  measures  which  had  for  its  object  the  extension  of  the  fur  trade.  The 
newspapers  of  the  period  took  a  very  rosy  view  of  the  great  benefits  to  follow 
in  the  wake  of  this  expedition,  and  were  confident  that  it  would  strike  at  the 
very  root  of  British  influence.  An  able  corps  of  scientific  men  were  included  in 
the  party,  several  of  whom  accompanied  him  to  the  Red  River  three  years  later. 
Their  instructions  followed  those  given  to  Lewis  and  Clark,  but  the  importance 
of  selecting  a  point  near  the  forty-ninth  parallel  of  latitude,  where  a  s])here 
of  influence  might  be  established,  was  strongly  impressed  upon  them. 

Great  preparations  were  made  for  the  expedition,  and  in  all  about  eight 
hundred  men  assembled  at  St.  Louis,  and  other  points,  but  the  summer  faded, 
and  was  succeeded  by  the  chilly  blasts  of  autumn,  and  nothing  was  accomplished, 

139 


140  HISTORY  OF  NORTH  DAKOTA 

although  five  steamboats  were  engaged  to  take  them  up  the  river  and  an 
expenditure  of  over  two  hundred  and  fifty  thousand  dollars  was  made  the  subject 
of  congressional  inquiry. 

THE    FIRST   STEAMBOAT   ON    THE    MISSOURI 

A  Steamboat  75  feet  in  length,  13  feet  beam,  drawing  19  inches  of  water, 
was  built  for  the  engineers  of  this  expedition,  and  named  the  Western  Engineer. 
It  was  the  first  steamboat  to  enter  the  waters  of  the  Missouri,  and  the  only  boat 
of  this  expedition  put  into  requisition  on  that  river.  It  reached  Council  Blufls 
on  the  west  side  of  the  Missouri  River,  twenty-five  miles  above  Omaha,  Neb., 
September  17,  1819,  and  the  engineers  went  into  winter  quarters  near  that  point, 
— which  became  Fort  Atkinson,  abandoned  in  1827, — but  Congress  failing  to 
provide  the  necessary  money  to  continue  the  expedition  to  the  Yellowstone,  it 
was  diverted  to  the  Rocky  Mountains.  A  very  large  percentage  of  the  soldiers 
at  the  winter  cantonment  died  of  scurvy. 

The  Alissouri  Gazette  of  May  26,  1820,  contained  a  description  in  detail  of 
the  Western  Engineer,  which  fully  justifies  the  emotional  element  in  Whittier's 
tragic  verse : 

"Behind  the  scared  squaw's  birch  canoe 
The  steamer  smokes  and  raves, 

The  Gazette  said :  "The  bow  of  this  vessel  exhibits  the  form  of  a  huge  serpent, 
black  and  scaly,  rising  out  of  the  water  from  under  the  boat,  his  head  as  high 
as  the  deck,  darting  forward,  his  mouth  open,  vomiting  smoke,  and  apparently 
carrying  the  boat  on  his  back.  From  under  the  boat  at  the  stern  issues  a  stream 
of  foaming  water,  dashing  violently  along.  All  of  the  machinery  is  hid.  Three 
brass  field  pieces  mounted  on  wheeled  carriages,  stand  on  the  deck.  The  boat  is 
ascending  the  rapid  stream  at  the  rate  of  three  miles  an  hour.  Neither  wind  nor 
human  hands  are  seen  to  help  her,  and  to  the  eye  of  ignorance  the  illusion  is 
complete  that  a  monster  of  the  deep  carries  her  on  his  back,  smoking  with 
fatigue,  and  lashing  the  waters  with  violent  exertion." 

It  was  a  scene  calculated  to  paralyze  with  fear  the  "untutored  mind"  of  the 
savage,  although  it  bore  a  flag  on  which  a  white  man  clasped  the  hand  of  an 
Indian,  a  typical  act  of  friendly  intercourse,  backed,  however,  by  bristling  guns. 
The  Indians  might  well  have  called  it  the  "fire  boat  that  walks  on  the  water," 
as  they  later  did  the  Yellowstone.  For  the  kind  of  terror  it  inspired  it  may 
have  been  the  prototype  of  the  "fighting  tanks,"  "land  battleships,"  or  "cater- 
pillar tractors,"  made  by  the  Holt  Manufacturing  Company  of  Peoria,  111.,  for 
an  agricultural  implement  to  meet  some  of  the  difficulties  of  modern  farming 
and  used  in  the  great  European  war.  As  appropriated  by  the  British  in  Sep- 
tember, 1916,  from  a  revolving  turret  on  the  monitor  plan,  defended  by  com- 
plete armor,  a  murderous  fire  pours  forth  in  a  perpetual  stream  of  bullets  from, 
as  described,  "a  fire-belching,  death-dealing  monster,"  with  almost  incompre- 
hensible means  of  locomotion,  propelling  itself  forward  by  a  gasoline  engine, 
passing  over  all  manner  of  obstacles  and  entanglements,  laying  its  own  track  as 


HISTORY  OF  NORTH  DAKOTA  141 

it  moves  along.  The  London  Times  refers  to  them  as  "unearthly  monsters, 
cased  in  steel,  spitting  hre,  and  crawling  laboriously,  but  ceaselessly,  over  trench, 
barbed  wire  and  shell  crater."  The  Germans,  like  the  Indians,  have  a  supersti- 
tious horror  of  it.  "Will  we  ever  forget,"  they  cry,  "our  first  sight  of  the  thing 
as  it  came  at  us  out  of  the  morning  mist?" 

The  Rocky  Mountain  expedition  was  important,  and  tlie  report  interesting, 
but  unfavorable  to  the  development  of  the  country  for  agricultural  purposes, 
and  had  the  effect  to  retard  progress  in  that  direction,  and  to  prevent  congres- 
sional action  with  reference  to  opening  the  country  to  settlement. 

long's    INTERNATI0N.\L    liOUNDARY    EXPEDITION 

In  July,  1823,  Maj.  Stephen  H.  Long's  expedition  to  locate  the  boundary 
between  the  United  States  and  Canada  at  its  intersection  with  the  Red  River  of 
the  North,  and  thence  eastward  to  Lake  Superior,  reached  Pembina,  and  finding 
the  exact  location,  on  the  8th  of  August,  marked  it  with  an  oak  post,  raised  the 
American  flag,  and  fired  the  national  salute.  The  entire  settlement,  consisting  of 
about  three  hundred  and  fifty  inhabitants,  was  found  to  be  on  the  American 
side,  with  the  exception  of  one  log  cabin,  and  there  was  great  rejoicing  among 
the  people,  who  congratulated  themselves  that  all  the  bufiialo,  also,  were  on  this 
side.  The  Hudson's  Bay  Company,  the  Roman  Catholic  Fathers,  and  other 
distinctively  British  interests,  finding  that  Pembina  was  in  the  United  States,  had 
already  moved  down  the  river  to  Fort  Douglas,  in  order  that  they  might  be  on 
undisputed  British  territory. 

Among  the  reasons  for  the  expedition,  was  that  of  investigating  the  extent 
■of  the  fur  trade  in  the  Red  River  country,  and  the  various  reports  originating 
with  the  conflicting  trading  interests,  the  character  of  the  country  along  the 
northern  border,  then  unsurveyed,  and  to  make  inquiry  into  the  character  and 
customs  of  the  Indian  tribes  inhabiting  the  country. 

In  command  of  the  party  was  Maj.  Stephen  H.  Long,  topographical  engineer, 
U.  S.  A.,  assisted  in  his  researches  by  James  Edward  Calhoun,  astronomer  and 
topographer;  Thomas  Say,  zoologist  and  antiquary;  Samuel  Seymour,  landscape 
painter  and  designer;  and  Prof.  William  H.  Keating,  mineralogist,  geologist  and 
historiographer,  and  the  report  prepared  l)y  the  last  named  was  from  notes  made 
by  these  several  parties. 

Col.  Josiah  Snelling  of  the  Fifth  I'nited  States  Infantry,  furnished  a  guard, 
consisting  of  a  sergeant,  two  corporals,  and  eighteen  soldiers,  commanded  by 
Lieut.  St.  Clair  Denny,  until  the  return  of  Lieut.  Martin  Scott,  who  had  been 
•connected  with  the  expedition  after  it  left  Prairie  du  Chien,  and  who  again 
joined  it  in  the  Red  River  \'alley.  They  traveled  overland  from  Wheeling, 
W.  Va. 

JOSEPH    RENVILLE,    GUIDE 

After  leaving  Fort  Snelhng,  Joseph  Renville,  who  had  been  one  of  the  inter- 
preters of  Lieut.  Pike's  expedition,  was  the  Sioux  interpreter  and  guide 
•of  Major  Long's.  His  mother  was  a  Sioux  of  a  prominent  family,  and  his 
father  a  French  trader.     He  was  a  man  of  unusual  ability,  speaking  both  French 


142  HISTORY  OF  NORTH  DAKOTA 

and  English  fluently,  and  is  credited  with  having  translated  much  of  the  New 
Testament  from  English  into  French,  and  from  h'rench  into  his  mother  tongue 
from  hearing  it  read.  He  had  no  education,  except  the  practical  kind,  which 
he  was  able  to  acquire  from  his  surroundings.  During  the  War  of  1812,  though 
a  native  of  the  United  States,  he  joined  the  Indian  allies  of  the  British  Govern- 
ment, and  held  the  rank  and  drew  the  pay  of  a  captain  in  the  British  army.  He 
was  distinguished  as  an  active  and  humane  officer,  and  was  successful  in  repress- 
ing the  depredations  of  the  Sioux  ;  preventing  them  from  sharing  in  the  bloody 
and  disgraceful  acts  perpetrated  by  other  Indian  allies  of  the  British.  After  the 
war  he  retired  on  half  pay,  but  resigned  his  commission  in  order  to  engage  in 
trade  on  the  American  side;  his  old  trading  post  being  at  the  head  of  the  Red 
River,  which  was  made  headquarters  of  the  Columbia  Eur  Company,  of  which, 
in  1822,  he  was  one  of  the  leading  organizers. 

The  Columbia  Fur  Comi)any  had  a  station  on  Big  Stone  Lake,  in  charge  at 
the  time  of  the  Long  expedition,  of  a  trader  of  the  name  of  Moore. 

FE.-VSTED    I!Y   THE   WAHPETONS 

As  Major  Long  approached  Big  Stone  Lake,  he  met  a  band  of  Wahpetons, 
who  invited  his  party  to  their  village,  where  they  prepared  a  feast  for  him, 
consisting  of  the  choicest  cuts  of  the  buffalo,  and  while  partaking  of  it  he 
explained  to  them  the  object  of  his  visit,  which  seemed  to  interest  and  please 
them  much.  As  they  were  about  concluding  the  feast,  the  major  was  informed 
that  another  had  been  prepared  for  them,  and  lest  he  might  oft'end,  the  second 
invitation  was  accepted,  Init  before  that  was  finished,  another  was  ready,  at 
which  was  to  be  served  the  choicest  food  in  the  power  of  the  Indian  to  offer — 
a  dog  had  been  killed  for  the  occasion ! 

In  the  evening  Major  Long  returned  to  the  skin  lodge  of  the  chief,  where 
another  feast  was  spread,  and  he  then  received  the  assurance  of  that  distinguished 
individual,  Tatanka  Wedhacheta.  that  he  would  send  messengers  to  his  people 
who  were  absent  hunting,  and  whom  they  might  encounter,  directing  them  to 
supply  his  needs. 

ENTERT.MNEn   BY   CHIEF   W.\N.\TON 

Wanaton  of  the  Yanktons,  was  then  regarded  as  one  of  the  great  men  of 
the  Sioux  Nation.  When  Major  Long  arrived  at  Lake  Traverse,  this  renowned 
chief  killed  three  dogs,  and  gave  him  and  his  party  a  royal  feast.  A  pavilion 
had  been  formed  by  connecting  several  skin  lodges,  carpeted  with  tine  buffalo 
robes,  and  the  air  was  filled  with  the  odor  of  sweet  grass  which  had  been 
burned  for  its  perfume.  The  dinner  cotirses  consisted  of  buffalo-  meat  boiled 
with  Indian  turnips,  the  same  vegetable,  without  meat,  in  buffalo  grease,  and, 
finally,  the  much  esteemed  dog  meat,  which,  after  tasting.  Major  Long  declared 
he  no  longer  wondered  was  regarded  as  a  dainty  dish.  The  feast  jirepared  for  ten 
was  said  to  have  been  sufficient  for  one  hundred  men. 

Wanaton  wore  moccasins,  leggings  of  scarlet  cloth,  a  blue  breech-cloth,  a 
shirt  of  painted  muslin,  a  frock  coat  of  fine  blue  cloth,  with  scarlet  facings,  but- 


HISTORY  OF  NORTH  DAKOTA  143 

toned  and  secured  around  his  waist  by  a  belt,  "a  blue  cloth  hat,  and  a  handsome 
Mackinaw  blanket. 

The  next  day  Wanaton  paid  Major  Long  a  return  visit,  when  he  wore  the 
full  habit  of  an  Indian  chief;  the  most  prominent  part  of  his  apparel  being  a 
mantle  of  buffalo  skins  of  a  fine  white  color,  decorated  with  tips  of  owl  feathers, 
and  others  of  various  hues.  His  necklace  had  about  sixty  claws  of  the  grizzly 
bear,  and  in  his  hair  he  wore  nine  sticks,  secured  by  a  strap  of  red  cloth  and 
painted  vermilion,  to  represent  the  number  of  wounds  he  had  received  in  battle. 
His  face  was  painted  with  vermilion,  and  he  carrieil,  and  fre(|uently  br(jught  into 
use,  a  fan  of  turkey  feathers. 

THE    UI''.l;.\T.\13LE    L.\ND 

The  Indians  regarded  the  country  between  the  ISois  de  Siou.\  and  Turtle  River 
debatable  land,  it  being  claimed  by  both  the  Chippewa  and  Sioux,  and  neither 
venturing  to  hunt  in  the  region  without  being  jirepared  for  war,  many  sanguinary 
conflicts  resulted. 

Major  Long  had  advanced  only  aljout  nine  miles  into  this  region  when  he 
encountered  a  party  of  about  seventy-five  Sioux,  who  were  very  threatening 
in  their  attitude,  but  he  managed  to  escape  them  and  pushed  on  to  Pembina, 
where  he  was  entertained  by  a  trader  of  the  name  of  Nolan,  who  had  been 
stationed  there  several  years,  and  whose  daughters  taught  in  the  school  at 
St.  Boniface. 

Nearly  all  of  the  male  inhabitants  were  out  on  a  buffalo  hunt,  and  the 
village  was  almost  destitute  of  provisions,  as  was  also  the  exploring  jiarty,  but 
on  the  return  of  the  htinters  the  next  day  there  was  an  abundance. 

RETURN    OF    THE    HUNT 

The  procession  consisted  of  115  carts,  each  loaded  with  about  eight  hundred 
pounds  of  buffalo  meat.  There  were  300  persons,  including  the  women,  in  the 
train,  and  200  horses.  Twenty  hunters  rode  abreast,  firing  a  salute  as  they  passed 
Major  Long's  camp. 

EXTENT    .\ND    VALUE    OF    THE    FUR    TR.\DE 

The  value  of  the  trade  of  the  Ked  River  region  south  of  the  boundary,  annu- 
ally, as  given  to  Major  Long  by  a  member  of  the  Columbia  Fur  Company,  was 
$64,877,  embracing  beaver,  bear,  buffalo,  marten,  otter,  fisher,  elk.  mink,  musk- 
rat,  lynx,  swan,  rabbit,  wolverine,  buffalo  cow  skins,  wolves,  moose,  and  fox ; 
buffalo  being  by  far  the  greater  item,  amounting  to  400  packs,  of  ten  skins  each, 
$16,000,  The  value  of  the  beaver  was  placed  at  $4,000;  of  the  fisher,  $11,250; 
muskrat,  $8,000,  and  lynx,  $5,600.  In  addition  to  the  above  aggregate,  there  were 
1,000  bags  of  pounded  buffalo  meat,  or  jjemmican. 

DOG    SLEDGES    AND   TRAVOIS 

Prior  to  1800,  the  only  means  of  transportation  used  on  the  plains  of  North 
Dakota  was  the  dog  sledge  in  winter,  the  Indian  travois  in  summer,  and  the 


144  HISTORY  OF  NORTH  DAKOTA 

packs  by  men  or  animals.  The  dog  sledge  was  much  like  the  toboggan,  flat-bot- 
tomed with  a  guard  or  dash-board  in  front,  wide  enough  to  seat  one  person,  and 
long  enough  so  he  could  recline  if  desired,  as  the  dogs  skipped  along  over  the 
prairie.  The  driver  could  jump  on  or  off  when  the  animals  were  moving  at  high 
speed.  A  passenger,  wrapped  in  furs,  could  sleep  in  perfect  comfort  as  the  sledge 
glided  along  from  seventy-five  to  ninety  miles  a  day,  each  sledge  drawn  by  three 
dogs,  with  a  driver  to  each  sledge.  There  were  frequently  as  high  as  twenty-five 
sledges  in  a  train.  The  dogs  were  held  in  check  by  a  strong  cord  attached  to  the 
leader.  The  dogs  responded  to  a  motion  of  the  whip  or  hand,  to  indicate  the 
direction,  every  dog  knew  his  name,  and  all  became  attached  to  their  masters, 
especially  when  treated  kindly.  They  were  fed  a  pound  of  pemmican  a  day. 
A  trained  leader  was  worth  $20,  and  others  from  $8  to  $10.  Their  life  of  use- 
fulness on  the  train  ran  from  eight  to  twelve  years.  A  dog  sledge  would  carry 
about  four  hundred  pounds. 

In  winter  dog  sledges  were  used  for  both  freight  and  passenger  service ;  the 
allowance  of  load  per  dog  on  a  long  journey  being  100  pounds.  One  of  the 
traders  claimed  that  he  had  transported  1,000  pounds  by  the  use  of  six,  and,  part 
of  the  way,  eight  dogs,  from  the  Mandan  villages  on  the  Missouri,  to  the  Red 
River  posts.  In  summer  the  dogs  were  frequently  used  to  carry  buffalo  meat 
from  the  place  where  the  animals  were  killed  to  the  points  where  the  women 
were  engaged  in  curing  the  meat  for  the  trade  or  for  the  winter  store. 

Two  poles  were  crossed  and  fastened  over  the  shoulders  of  the  dogs,  with  a 
piece  of  hide  underneath  them  to  prevent  chafing;  the  other  extremities  dragging 
•on  the  ground.  It  was  secured  to  the  animal  by  strings-  around  the  body,  while 
a  bar  was  fastened  to  the  poles  at  the  rear,  keeping  them  a  proper  distance  apart, 
and  serving  to  support  the  meat. 

The  travois  for  use  on  the  ponies  were  made  in  substantially  the  same  way, 
except  that  the  poles  about  sixteen  feet  long  were  fastened  to  the  saddle 
on  either  side  of  the  animal,  the  rear  end  dragging  on  the  ground,  and  were 
capable  of  carrying  about  five  hundred  pounds.  They  were  also  called  the  traville 
and  by  some  the  travees. 

RED    RIVER    CARTS 

The  Red  River  cart  made  its  appearance  in  1801,  and  is  first  mentioned  in 
history  by  Alexander  Henry,  who  gives  its  proportions  as  about  four  feet  high, 
wheels  with  only  four  spokes,  placed  perpendicularly,  without  the  least  leaning 
outward.  Made  entirely  of  wood,  unpainted  and  weather-stained,  the  creaking 
of  their  wheels  could  be  heard  a  mile  or  more.  They  were  drawn  by  one  horse 
•or  an  ox  or  cow. 

They  were  used  for  the  transportation  of  furs  and  other  supplies  long  dis- 
tances, the  goods  for  the  traders  being  shipped  in  by  this  means,  and  the  pro- 
ceeds of  the  chase  shipped  out  in  the  same  manner.  From  the  description  given 
by  Mr.  Henry,  one  may  readily  imagine  the  variety  to  be  found  in  a  train  of 
from  one  hundred  to  five  hundred  Red  River  carts  when  on  the  summer  chase, 
or  engaged  in  transporting  freight  to  and  from  the  settlements. 

These  carts,  capable  of  conveying  about  five  pieces  (450  pounds)  according  to 
Mr.  Henry,  or,  say,  from  500  to  800  pounds,  were  each  drawn  by  one  horse,  ox, 


RED  RIVER  CART,  1801  TO  1871 


GRAND  FORKS  IN  1874 


U j 


HISTORY  OF  NORTH  DAKOTA  145 

or  cow.  Mr.  Henry  was  doubtless  thinking  of  the  possibilities  of  using  oxen  for 
transportation  when  he  exclaimed:  "If  we  had  only  one  horse  in  the  Northwest, 
we  would  have  less  laziness,  for  men  would  not  be  burdened  with  families,  and 
so  much  given  to  indolence  and  insolence." 

He  thus  describes  the  first  train  pulling  out  in  1802 : 

"The  men  were  up  at  break  of  day,  and  their  horses  tackled  long  before  sun- 
rise, but  they  were  not  in  readiness  to  move  before  10  o'clock,  when  I  had  the 
curiosity  to  climb  to  the  top  of  my  house,  to  examine  the  movement  and  order 
of  march.  Anthony  Paget,  guide  and  second  in  command,  led  oft  with  a  cart 
drawn  by  two  horses,  and  loaded  with  his  own  private  baggage,  casse-tetes 
(liquors),  bags,  and  kettles.  JMadame  Paget  follows  the  cart  with  a  child  one 
year  old  on  her  back,  and  very  merry.  C.  Bottineau,  with  two  horses,  and  a  cart 
loaded  with  ly^  packs,  his  own  baggage,  and  two  young  children,  with  kettles 
and  other  trash  on  the  cart.  ^ladame  Bottineau  with  a  young  child  on  her  back, 
was  scolding  and  tossing  it  about.  Joseph  Dubois  goes  on  foot,  with  his  long 
pipestem  and  calument  in  hand.  Madame  Dubois  follows  her  husband,  carrying 
his  tobacco  pouch.  Anthony  Thelliere,  with  a  cart  and  two  horses,  loaded  with 
i^  packs  of  goods  and  Dubois'  baggage.  Anthony  LaPoint,  with  another  cart 
and  two  horses  loaded  with  two  pieces  (180  pounds)  of  goods,  and  baggage 
belonging  to  Brisbois,  Jessaume,  and  Pouliote,  and  kettles  suspended  on  each 
side.  M.  Jessaume  goes  next  to  Brisbois  with  gun,  and  pipe  in  his  mouth,  puff- 
ing great  clouds  of  smoke.  M.  Pouliote,  the  greatest  smoker  in  the  Northwest, 
has  nothing  but  pipes  and  pouch.  These  three  fellows  having  taken  the  farewell 
dram,  lighting  fresh  pipes,  go  on,  brisk  and  merry,  playing  numerous  pranks. 
Don  Severman,  with  a  young  mare,  the  property  of  M.  Langlois,  loaded  with 
weeds  for  smoking,  an  old  Indian  bag,  Madame's  property,  some  squashes  and 
potatoes,  a  small  keg  of  fresh  water  and  two  young  whelps.  Next  come  the  young 
horses  of  Livermore,  drawing  a  traville,  with  his  buggy,  and  a  large  worsted 
mask,  queucate,  belonging  to  Madame  Langlois.  Next  appears  Madame  Cam- 
eron's young  mare,  kicking  and  rearing,  and  hauling  a  traville,  which  was  loaded 
with  a  bag  of  fiour  and  some  cabbages,  and  a  large  bottle  of  broth.  M.  Langlois, 
who  is  master  of  the  band,  now  comes,  leading  a  horse  that  draws  a  traville, 
nicely  covered  with  a  new  pointed  tent,  under  which  are  lying  his  daughter  and 
Mrs.  Cameron,  extended  at  full  length,  and  very  sick.  This  covering,  or  canopy, 
has  a  pretty  effect.  ]\Iadame  Langlois  now  brings  up  the  rear,  follow-ing  the 
traville  with  a  slow  step  and  melancholy  air,  attending  to  the  wants  of  her  daugh- 
ter. The  rear  guard  consisted  of  a  long  train  of  dogs,  twenty  in  number.  The 
whole  forms  a  string  nearly  a  mile  long." 

Following  the  travois  and  the  Red  River  cart  came  the  stage  and  transporta- 
tion companies.  The  Hudson's  Bay  Company  contracts,  which  gave  them  con- 
trol of  much  of  the  Canadian  Northwest,  were  terminated  in  1869.  and  the  Mani- 
toba government  was  organized  in  1870.  That  year  the  first  United  States  land 
office  was  opened  in  North  Dakota  at  Pembina.  There  w'as  then  no  regular  mail 
to  Fort  Garry,  now  Winnipeg,  and  no  means  of  communication,  except  in  private 
interests,  between  Manitoba  and  the  outside  world.  Therefore,  in  the  spring  of 
1 871,  the  stage  route  was  extended  from  Georgetown  to  Winnipeg,  a  contract 
having  been  let  to  Capt.  Russell  Blakely,  of  St.  Paul,  to  carry  the  mail  to  Winni- 
peg, the  first  stage  arriving  at  Winnipeg  September  11,  1871.     In  1878,  the  rail- 


146  HISTORY  OF  NORTH  DAKOTA 

road  having  been  extended  to  Winnipeg,  the  stage  and  transportation  company 
transferred  its  line  to  Bismarcl-;,  and  opened  up  a  daily  line  of  stages  to  the  Black 
Hills.  About  the  same  time  a  line  of  daily  stages  was  established  from  Bismarck 
to  Allies  City,  Mont.,  and  another  from  Bismarck  up  the  Missouri  River  to 
Fort  Buford  and  down  the  river  to  Fort  Yates,  and  still  another  from  Bismarck 
to  Ellendale.  A  government  line  of  telegraph  was  also  established  from  Bismarck 
to  Fort  Yates,  and  north  to  Buford  and  thence  to  JNliles  City  and  Fort  Keogh. 

THE   .ARISTOCRACY    OF   THE    PL-AINS 

The  aristocracy  of  the  plains  consisted  of  the  traders,  their  clerks,  the  buft'alo 
hunters,  and  their  families.  The  traders  enjoyed  every  lu.xury,  and  always  kept 
the  finest  liquors  for  entertainment.  They  were  liberal,  and  honest,  in  their  way. 
The  buft'alo  hunters  were  most  improvident  in  dress  and  living.  "In  many 
instances,"  J\lrs.  Cavileer  states,  "their  wives  wore  silk  velvet,  and  the  most  co.stly 
fabric  of  other  manufacture,  even  in  the  buft'alo  camp.  The  style  of  dress  was  a 
matter  of  much  concern  among  the  women.  The  waist  w^as  close  fitting,  with 
'mutton-leg'  sleeves,  the  folds  of  the  round,  plain  skirt  falling  to  within  si.x 
inches  of  the  ground.  They  wore  moccasins,  mostly  beaded  or  embroidered  with 
quills,  and  leggings.  A  graceful  feature  of  their  costume  was  a  broadcloth 
blanket,  thrown  carelessly  over  their  shoulders,  while  a  line  silk  handkerchief  was 
so  fastened  over  the  head  and  face  as  to  display  most  bewitching  eyes  to  the  best 
possible  advantage.  The  hair  was  neatly  braided  and  coiled  at  the  back  of  the 
head.  They  had  charming  manners,  with  an  oriental  tinge."  These  were  the 
nut  brown  women  of  the  plains,  the  wives  and  daughters  of  the  traders  and  their 
clerks. 

The  tents  or  tepees  were  carpeted  with  skins,  and,  at  times,  with  expensive 
brussels  rugs,  and  vi-ere  often  exceedingly  rich  in  drapery.  In  the  "Bridal  of 
Pennacook"  John  G.  Whittier  draws  a  fascinating  picture  of  primitive  life  in 
the  habitations  of  Indians  like  their  neighbors: 

"Roof  of  bark,  and  wall  of  pine, 
Through  whose  chinks  the  sunbeams  shine, 
Tracing  many  a  golden  line 

On  the  ample  floor  within  ; 
Where,  upon  the  earth-floor  stark 
Lay  the  gaudy  mat  of  bark, 
With  the  bear's  hide,  rough  and  dark, 

And  the  red  deer's  skin. 

"Window  tracery,  small  and  slight. 
Woven  of  the  willow  white, 
Lent  a  dimly  checkered  light ; 

And  the  night  stars  glimmered  down, 
Where  the  lodge  fire's  heavy  smoke 
Slowly  through  an  opening  broke, 
In  the  low  roof,  ribbed  with  oak, 

Sheathed  with  hemlock  brown." 

EXPEDITION    OF    M.\J.    S.\MUEL    WOODS 

In  1849,  in  accordance  with  a  suggestion  of  William  Medill  of  Ohio,  United 
States  commissioner  of  Indian  afifairs.  to  send  an  exploring  expedition  to  the  Red 


HISTORY  OF  NORTH  DAKOTA  147 

River  X'alley,  Thomas  Ewing,  of  Ohio,  United  States  secretary  of  the  interior 
in  the  administration  of  President  Zachary  Taylor,  of  Virginia,  approved  the 
undertaking,  believing  that  the  best  way  to  prevent  anticipated  and  remedy  exist- 
ing evils — such  as  the  illegal  traffic  in  liquor  carried  on  by  the  British  traders 
with  the  Indians — vvoidd  be  to  purchase  a  moderate  portion  of  the  Indian  country 
and  open  it  to  settlement.  Another  object  was  to  investigate  the  danger  to  the 
settlements  reported  to  be  threatening  on  account  of  the  destruction  of  their  main 
dependence,  the  buffalo.  It  was  also  a  part  of  the  project  to  select  a  site  for  a 
military  post  which  afterwards  became  Fort  Abercrombie  on  the  Red  River  in 
Richland  County. 

The  expedition,  conducted  by  Brevet  Alaj.  Samuel  Woods,  captain  Sixth 
United  States  Infantry,  then  stationed  at  Fort  Snelling,  at  the  head  of  navigation 
of  the  Mississippi  River,  near  St.  Paul,  Minn.,  consisted  of  Second  Lieut.  Ander- 
son D.  Nelson,  Sixth  United  States  Infantry  quartermaster  and  commissary, 
having  in  charge  a  mountain  howitzer.  Second  Lieut,  and  Brevet  Capt.  John 
Pope  of  the  topographical  engineers,  and  Dr.  James  Sykes,  acting  assistant 
surgeon,  medical  officer.  Lieut.  John  William  Tudor  Gardiner  and  Second  Lieut. 
Thomas  F.  Castor,  with  Company  D,  First  Dragoons,  numbering  forty  men, 
were  to  meet  him  at  Sauk  Rapids,  and  were  intended  for  the  garrison  of  Fort 
Gaines,  later  known  as  Fort  Ripley,  then  a  military  post  on  the  Mississippi 
opposite  the  mouth  of  J\Iohoy  River  ten  miles  below  the  Crow  Wing  River,  about 
forty  miles  above  Sauk  Rapids.  As  directed  by  George  W.  Crawford,  of  Georgia, 
then  secretary  of  war.  Major  Woods  was  to  select  a  point  for  the  military  post 
not  exceeding  200  miles  west  of  Fort  Gaines. 

They  left  Fort  Snelling  Jtine  6th.  proceeding  to  the  Turtle  River  country 
northwest  of  Grand  Forks,  theirce  north  to  Pembina  at  the  northern  frontier  of 
the  United  States,  where  they  arrived  .\ugust  ist,  and  returned  to  Fort  Snelling 
September  18.  1849. 

Jonathan  E.  Fletcher  was  Indian  agent  on  the  Upper  Missouri,  having  a  vast 
extent  of  country  in  his  charge,  and  he  had  reported  that  some  attention  must  be 
given  the  Red  River  country  in  order  to  prevent  injustice  being  done  to  American 
traders  by  unlawful  and  injurious  interference  by  British  subjects,  and  to  put  a 
stop  to  our  Indians  being  supplied  with  ardent  spirits,  and  the  great  destruction 
of  game  by  persons  from  the  British  side  of  the  line. 

He  called  attention  to  the  great  and  wanton  destruction  of  the  buffalo,  caus- 
ing discontent  among  the  Indians,  leading  in  one  or  two  instances  to  murder  of 
persons  so  engaged.  The  buffalo,  it  was  alleged,  was  almost  the  only  means  of 
subsistence  of  some  sixty  thousand  Indians  in  that  region  and  the  Upper  Missouri, 
and  it  was  apparent  that  they  must  soon  disappear  under  the  prevailing  condi- 
tions, through  their  destruction  by  other  than  Indians.  He  was  confident  that  it 
would  result  in  sanguinary  and  exterminating  wars  among  the  Indians,  or  cause 
them  to  precipitate  themselves  on  the  advanced  settlements  in  order  to  procure 
the  means  of  subsistence. 

He  spoke  of  the  considerable  military  post  being  maintained  by  the  British 
across  the  line,  then  known  as  Fort  Garry,  for  the  protection  of  its  citizens,  and 
the  preservation  of  peace  and  good  order  which  suggested  the  propriety  of  a 
military  post  on  the  American  side  of  the  line. 

Mr.   Fletcher  dwelt  particularly  on  the  evils  of  the  trade  in  ardent  spirits 


148  HISTORY  OF  NORTH  DAKOTA 

among  the  Indians,  introduced  by  British  subjects.  The  hquor  was  supplied  in 
some  instances  with  a  view  to  breaking  down  the  business  and  the  influence  of 
the  American  traders ;  to  annoy  and  discommode  them  by  purchasing  with 
whisky  all  of  the  surplus  provisions  the  Indians  had  to  sell,  but  more  especially 
to  keep  the  Indians  from  obtaining  furs,  well  knowing  that  they  would  not  hunt 
or  trap  while  they  could  obtain  liquor.  It  was  .said  that  the  Hudson's  Bay  Com- 
panv  would  not  sell  liquor  to  anyone,  and  it  was  true  that  they  would  not  sell  to 
the  Indians  at  any  price  for  money,  but  they  did  exchange  it  for  anything  the 
Indians  had  to  sell  in  the  way  of  furs  or  provisions. 

Norman  W.  Kittson  was  then  a  licensed  trader  at  Pembina,  and  it  was  his 
estimate  that  the  population  of  the  Red  River,  on  both  sides  of  the  boundary, 
was  6,000,  that  one-third  subsisted  by  hunting  buffalo,  and  that  they  killed  about 
twenty  thousand  bufifalo  annually. 

Mr.  Fletcher  charged  that  British  subjects  were  holding  councils  with  the 
Indians  on  the  American  side  of  the  line,  with  a  view  to  prejudicing  them  against 
our  Government  and  against  our  system  of  trading  with  the  Indians.  He  urged 
the  great  danger  to  the  frontier  citizens  from  inadequate  military  protection, 
and  the  importance  of  this  feature  was  demonstrated  by  the  Indian  outbreak  of 
1862.  He  also  urged  the  advantage  the  British  traders  had  over  the  Americans 
by  reason  of  their  ability  to  purchase  without  paying  tarifl:'  rates. 

.\  letter  from  Henry  M.  Rice,  an  Indian  trader,  was  also  presented,  in  which 
he  charged  that  the  British  trader  at  Rainy  River  assembled  the  Indians  on  the 
American  side  and  made  them  presents  to  influence  them  against  trading  with 
the  Americans  and  to  prevent  the  Americans  from  trading  in  that  country,  and 
they  sent  out  agents  with  whisky  to  buy,  with  a  view  to  controlling,  the  wild  rice 
crop,  thereby  depriving  the  trader  and  his  employes  of  the  means  of  subsistence. 

The  trade  was  not  regarded  of  value  to  the  British  but  it  was  their  purpose 
to  destroy  it,  more  especially  to  prevent  Americanizing  the  Indians.  They  also 
feared  to  have  the  Canadian  Indians  learn  the  facts  regarding  the  American  sys- 
tem of  trade  among  the  Indians,  and  the  low  price  at  which  they  sold  their  goods. 

Mr.  Rice  stated  that  in  the  summer  of  1848  a  party  of  1,200  carts  visited  the 
country  south  of  Devils  Lake  and  destroyed  buffalo  by  the  thousand  for  the 
meat,  tallow  and  tongues.  Mr.  Rice,  afterwards  an  influential  United  States  sen- 
ator from  Minnesota,  urged  the  purchase  and  settlement  of  the  country,  and  that 
the  half-breeds,  British  subjects  by  compulsion,  not  by  choice,  be  encouraged  to 
occupy  the  purchased  portion. 

The  plan  to  open  the  Red  River  country  to  settlement,  formulated  in  1848, 
was  enthusiastically  received  by  the  half-bloods,  but  was  met  in  silence  by  the 
Indians,  and  was  used  by  the  Hudson's  Bay  Company  as  a  means  to  prejudice 
the  Indians  against  the  Americans.  The  opening  was  consummated  twenty-five 
years  later. 

At  Pembina  they  found  Father  George  Anthony  Joseph  Belcourt,  located 
about  a  mile  down  the  river  from  Norman  W.  Kittson's  trading  establishment  at 
Pembina,  where  he  had  been  located  eighteen  years,  and  had  a  school  for  the 
education  of  the  Chippewas  and  the  children  of  the  half-bloods,  of  whom  there 
were  a  considerable  number ;  Kittson,  as  stated,  placing  the  population  along  the 
international  boundary  at  fi,ooo,  and  Major  Woods  reporting  177  families  in  the 
vicinity  of  Pembina,  511  males  and  515  females. 


■si 

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HISTORY  OF  NORTH  DAKOTA  149 

In  addition  to  tlie  school  building  which  was  two  stories  in  height,  there  was 
a  chapel  on  the  grounds. 

Relative  to  the  half-bloods,  Father  Belcourt  wrote  Alajor  Woods: 
"The  half-breeds  are  mild,  generous,  polished  in  their  manners,  and  ready  to 
do  a  kindness;  of  great  uprightness,  not  over  anxious  of  becoming  rich,  content- 
ing themselves  with  the  necessaries  of  life,  of  which  they  are  not  at  all  times 
possessed.  The  greater  number  are  no  friends  to  labor;  yet  I  believe  this  vice  to 
proceed  more  from  want  of  encouragement,  and  the  small  prices  they  receive  for 
their  products,  than  from  laziness,  and  this  opinion  is  grounded  upon  the  fact 
that  they  are  insensible  to  fatigue  and  exposure,  which  they  endure  with  lightness 
of  heart  when  called  upon  to  do  so  in  the  course  of  diverse  occupations.  They 
have  much  openness  of  spirit,  and  their  children  manifest  good  capacity  when 
taught ;  still  we  could  wish  them  to  possess  a  little  more  perseverance.  They  are 
generally  gay  and  fond  of  enjoyment ;  they  affect  music,  there  being  but  few, 
comparatively  speaking,  who  do  not  play  on  the  violin.  They  are  a  fine  physical 
conformation,  robust  and  full  of  health,  and  of  a  swarthy  hue.  We  see  but  slight 
dissensions  in  their  families,  which  are  for  the  most  part  numerous.  The  men 
commonly  marry  at  the  age  of  seventeen  or  eighteen  and  as  a  general  thing  are 
of  good  morals.  The  half-breeds  number  over  five  thousand  souls.  They  first 
established  themselves  at  Pembina,  near  the  mouth  of  the  river  of  that  name  in 
1818,  when  they  had  with  them  a  resident  Canadian  priest.  They  had  also  erected 
a  church,  and  were  engaged  in  the  cultivation  of  the  soil  with  great  success 
when  Major  Long  visited  the  country,  and  having  ascertained  the  latitude, 
declared  it  to  be  south  of  the  49th  degree.  St.  Louis  being  the  nearest  American 
settlement  of  any  size,  and  the  distance  being  very  great,  it  was  out  of  the  ques- 
tion for  the  residents  of  Pembina  to  hold  intercourse  with  it,  except  by  incurring 
great  expense  as  well  as  danger.  The  Hudson's  Bay  Company  profited  by  the 
inability  of  the  colonists  to  communicate  with  the  states,  to  give  public  notice  that 
all  inhabitants  who  were  established  on  the  American  side  of  the  line  should 
descend  the  Red  River  and  make  settlement  about  the  mouth  of  the  Assinaboine 
River,  under  penalty  in  case  of  failure  so  to  do  of  being  refused  all  supplies  from 
their  store.  At  that  time  even  more  than  at  present,  powder,  balls,  and  net  thread 
for  fishing  were  articles  indispensably  necessary  to  their  subsistence.  In  short, 
they  were  obliged  to  submit."' 

EARLY    TR.JiDERS    AND   SETTLERS 

At  the  time  of  Major  Woods"  expedition  the  Hudson's  Bay  Company  had  a 
building  a  few  feet  south  and  were  building  extensively  about  two  hundred  yards 
north  of  the  international  boundary.  Norman  W.  Kittson  was  represented  at 
that  time  by  Joseph  Rolette,  a  son  of  the  one  of  that  name  met  at  Prairie  du 
Chien  by  Lieutenant  Pike. 

The  Selkirk  colonists  were  then  engaged  in  farming  on  the  Red  River,  north 
of  the  boundary,  and  they  reported  thirty  to  forty  bushels  of  wheat,  forty  to  fifty 
bushels  of  barley,  forty  to  fifty  bushels  of  oats,  and  20O'  to  300  bushels  of  pota- 
toes per  acre,  as  the  usual  yield. 


150  HISTORY  OF  NORTH  DAKOTA 

RED    RIVKR    MOSQUITOES 

The  mosquitoes  were  an  ever-present  annoyanc6.  At  the  site  of  the  proposed 
niihtary  post  it  was  said  they  hterally  filled  the  air  and  it  was  impossible  to  talk 
without  inhaling  them.  "They  choked  down  every  expression,"  wrote  Major 
Woods,  "that  would  consign  them  to  the  shades.  They  condemn  the  displeasure 
and  sing  cheerily  over  the  torture  of  their  victims."  The  horses  began  to  fail, 
attributable,  principally,  to  the  ever-increasing  army  of  these  insects,  that  did 
not  allow  the  horses  to  rest  by  night  nor  quietly  feed  upon  the  grass.  "The  suf- 
fering of  the  horses  was  painful  to  behold  and  irremediable.  The  men  would 
industriously  strike  out  with  both  hands,  from  morning  till  night,  scarcely  able 
to  talk  without  inhaling  Some  handfuls  of  them." 

At  the  site  that  afterwards  became  Fort  Abercrombie  they  set  up  a  square 
post  and  marked  on  it  "163  miles  to  Sank  Rapids,  July  14,  1849."  ^t  Goose 
River  they  encountered  a  vast  herd  of  bufl:alo.  At  Turtle  River  they  found  an 
old  earthwork,  said  to  have  been  erected  by  the  Chippewas  for  defense  against 
the  Sioux.  It  covered  about  an  acre.  Two  or  three  years  before,  the  old  fort 
had  again  been  occupied  by  a  band  of  Chi])pewas,  but  they  were  driven  off  by  the 
Sioti.x  and  five  or  si.x  were  killed. 

The  country  north  of  the  Sheyenne  was  the  acknowledged  land  of  the  Chip- 
pewas, while  that  south  was  claimed  by  the  Siou.x.  Their  claims  extended  up  the 
Sheyenne  to  Devils  Lake,  back  to  the  Missouri  River. 

The  Chippewas  at  Pembina  were  then  tmorganized.  Thr(jugh  the  suggestion 
of  Major  Woods  they  elected  Sakikwanel  (Green  Feather)  principal  chief, 
Majekkwadjiwan  (End  of  the  Current)  first  second  chief,  and  Kakakanawak- 
kagan,  (Long  Legs)  second  chief.  The  election  was  later  approved  by  the  Indian 
authorities.  The  tribe  had  been  without  a  head  since  it  liad  separated  some 
years  before  from  the  mother  tribe  on  the  Great  Lakes.  The  new  dignitaries 
were  properly  saluted  by  the  firing  of  guns  and  appropriately  instructed  as  to 
their  duties  and  responsibilities. 

While  on  the  plains  that  season  the  Chippewa  hunters  had  been  attacked  by 
the  Siotix  and  several  scalps  had  been  taken  on  each  side.  Following  the  return 
of  the  hunters  there  was  a  scalp  dance.  The  scalps  were  ornamented  with  rib- 
bons and  feathers,  and,  fastened  to  the  end  of  a  stick,  were  borne  in  the  dance 
high  above  the  heads  of  the  dancers.  Those  who  bore  them  had  returned  from 
the  war,  heroes  indeed,  arrivitig  in  advance  of  the  main  body  of  hunters.  They 
always  expected  trouble  with  the  Sioux  and  were  prepared  for  it,  and  were 
organized  under  a  captain,  whose  orders  they  implicitly  obeyed. 

OPENING   OF    N.WICATION    ON    THE    RED   RIVER 

\\'hile  traffic  on  the  Red  River  began  with  the  work  of  the  voyageurs  in  the 
Indian  trade,  even  before  the  advent  of  Henry's  Red  River  Brigade,  and  every 
branch  of  the  stream  had  been  reached  by  their  boats,  the  goods  for  the  wander- 
ing traders  being  packed  on  the  backs  of  men  to  their  temporary  trading  posts, 
it  was  not  until  1858,  that  the  first  steamboat  was  built  for  operation  on  the  Red 
River  of  the  North,  at  McCauleyville,  ^linn.,  by  Capt.  Anson  Northrup,  for 
whom  it  was  named ;  this  would  carry  from  fifty  to  seventy-five  tons.     The  ma- 


HISTORY  OF  NORTH  DAKOTA  151 

chiiiL-ry  was  brought  overland  from  Si.  Paul  and  the  timber  was  cut  on  the  Red 
River.  It  was  operated  one  season  and  then  passed  into  the  hands  of  the 
Hudson's  Bay  Company  and  its  engine  was  transferred  to  a  saw  mill. 

The  Freighter  was  a  200-ton  boat  operating  on  the  Minnesota  River.  An 
attempt  was  made  to  transfer  this  boat  from  the  waters  flowing  into  the  Gulf 
of  Mexico  to  the  Red  River  tributary  to  Hudson  Bay.  There  have  been  sea- 
sons when  this  could  have  been  done,  but  in  this  case  the  attempt  failed.  The 
Freighter  grounded  in  the  inlet  of  Big  Stone  Lake  and  became  a  wreck.  Her 
machinery  was  sold  to  the  Hudson's  Bay  Company  and  was  used  in  the  Interna- 
tional, built  at  Georgetown,  Minn.,  in  i860.  She  operated  for  many  years  on 
the  Red  River,  exclusively  for  the  Hudson's  Bay  Company,  until  competition 
forced  her  into  private  traffic. 

In  1871  the  Selkirk  was  built  at  McCauleyville,  by  James  J.  Hill  and  Capt. 
Alexander  Griggs.  She  was  operated  for  general  traffic.  In  1872  the  two  lines 
w^ere  consolidated  and  run  under  one  management.  In  1875  the  merchants  of 
Winnipeg  built  the  Minnesota  and  Manitoba  at  Moorhead.  One  of  them  sank 
and  the  other  soon  passed  into  the  hands  of  the  other  company.  The  Com- 
pany was  styled  the  Red  River  Transportation  Company,  and  they  built  the 
Sheyenne  and  Dakota  at  Grand  Forks,  and  the  Alpha  at  McCauleyville.  The 
Grandin  was  built  at  Fargo,  together  with  a  line  of  barges,  and  used  for  trans- 
porting grain  from  the  Grandin  farms  to  the  Northern  Pacific  Railroad.  Numer- 
ous other  barges  were  built  at  Moorhead,  which  were  used  for  transporting  goods 
down  the  river  to  Winnipeg,  where  they  were  broken  up  and  used  for  lumber. 
The  Pluck  was  built  on  the  Mississippi,  and  transferred  by  rail  to  the  Red  River 
from  Brainerd,  by  Alsop  Brothers.  In  1881  they  built  the  Alsop  and  a  line  of 
barges,  operating  boat  and  barges  until  1886. 

ON    THE    MISSOURI    RI\'ER 

The  mackinaws  or  small  boats  with  a  crew  of  five  men,  would  start  from  the 
trading  posts  down  the  river,  requiring  thirty  days  to  reach  St.  Louis.  The  men 
would  leave  St.  Louis  in  the  spring,  returning  after  about  sixteen  months.  They 
were  paid  $220  for  the  round  trip,  up  the  river  one  season  and  back  the  next 
spring.  Carpenters  and  blacksmiths  were  paid  $300  per  annum.  The  traders 
were  paid  $500  per  annum. 

Gen.  John  C.  Fremont,  writing  of  his  trip  from  St.  Louis  to  Fort  Pierre 
in  his  memoirs,  says:  "For  nearly  2^  months  we  were  struggling  against  the 
current  of  the  turbid  river,  which  in  that  season  of  high  water  was  so  swift 
and  strong  that  sometimes  the  boat  would  for  a  moment  stand  quite  still,  seem- 
ing to  pause  to  gather  strength  until  the  power  of  the  steam  asserted  itself,  and 
she  would  fight  her  way  into  a  smooth  reach.  In  places  the  river  was  so  embar- 
rassed with  snags  that  it  was  difficult  to  thread  a  way  through  them  in  the  face 
of  the  swift  current  and  treacherous  channel,  constantly  changing.  Under  these 
obstacles  we  usually  laid  up  at  night,  making  fast  to  the  shore  at  some  convenient 
place  where  the  crew  could  cut  a  supply  of  wood  for  the  next  day.  It  was  a 
pleasant  journey,  as  little  disturbed  as  on  the  ocean.  Once  above  the  settlements 
on  the  Lower  Missouri,  there  were  no  sounds  to  disturb  the  stillness  but  the 
echoes  of  the  high-pressure  steam  pipe,  which  traveled  far  along  and  around  the 


152  HISTORY  OF  NORTH  DAKOTA 

shores,  and  the  incessant  crumbling  away  of  the  banks  and  bars,  which  the  river 
was  steadily  undermining  and  destroying  at  one  place  to  build  up  at  another. 
The  stillness  was  an  impressive  feature,  and  the  constant  changes  in  the  character 
of  the  river  shores  afforded  always  new  interest  as  we  steamed  along.  At  times 
we  traveled  by  high  perpendicular  escarpments  of  light  colored  rock,  a  gray  and 
yellow  marl,  made  picturesque  by  shrubbery  or  trees ;  at  others  the  river  opened 
out  into  a  broad  delta-like  expanse,  as  if  it  were  approaching  the  sea.  At  length, 
on  the  seventieth  day,  we  reached  Fort  Pierre,  the  chief  port  of  the  American 
Fur  Company,  on  the  right  bank  of  the  Missouri  River  about  thirteen  hundred 
miles  above  its  mouth." 

In  the  Knife  River  region  the  crumbling  banks  disclosed  thick  beds  of  lignite 
coal,  used  by  Lewis  atid  Clark  for  blacksmithing  purposes :  and  which  has  become 
an  important  item  of  commerce  and  is  required  by  law  to  be  used  in  heating  the 
public  buildings  of  North  Dakota.  It  is  so  abundant  that  it  is  practically  the 
only  fuel  used  in  some  parts  of  North  Dakota.  Some  of  the  beds  are  upwards 
of  thirty  feet  in  depth. 

LOUISIANA    FUR    COMPANIES 

In  1712  Antoine  de  Crozat  was  granted  a  monopoly  of  trade  in  the  Province 
of  Louisiana,  as  noted  under  "Louisiana  Purchase"  in  Part  I,  having  a  trading 
house  on  the  site  of  Montgomery  on  the  Alabama  River,  and  another  at  Natchi- 
toches on  the  Red  River.  Pierre  Le  Moyne  d'lberville  established  Fort  Rosalie 
on  the  site  of  Natchez  in  1716.  After  five  years  in  possession,  Crozat  resigned 
his  patent,  and  was  succeeded,  in  1717,  by  a  company  organized  by  John  Law,  a 
Paris  banker,  known  as  the  Mississippi  Company,  whose  patent  was  to  last 
twenty-five  years,  or  until  1742.  Their  activities  extended  as  far  north  as  the 
mouth  of  the  Grand  River,  in  South  Dakota.  In  1722  an  attempt  was  made  by 
M.  de  Bourgemont  to  establish  a  trading  post  five  miles  below  Grand  River, 
known  as  Fort  Orleans,  but  all  the  inmates  of  the  post  were  killed  by  the  Indians 
in  1726  as  the  result  of  well  founded  complaints  of  ill  treatment  by  the  traders, 
and  in  1732  the  Mississippi  Company  resigned  its  patent  to  the  crown  of  France. 

In  1762  the  French  governor  general  of  Louisiana  granted  authority  to  Pierre 
Ligueste  Laclede  and  his  partners,  their  organization  being  known  as  the  Louisi- 
ana Fur  Company,  to  establish  trading  posts  on  the  ]\Iississippi  River,  and  on 
February  15,  1764,  Auguste  Chouteau,  representing  that  company,  selected  the 
site  of  St.  Louis,  twenty  miles  below  the  mouth  of  the  Missouri,  for  headquarters. 

October  21,  1764,  the  king  of  France  ordered  that  portion  of  Louisiana  west 
of  the  Mississippi  to  be  turned  over  to  the  king  of  Spain ;  the  cession  was  accepted 
by  the  Spanish  on  November  13th  of  that  year,  and  August  11,  1768,  Spanish 
troops  took  possession  of  the  Louisiana  Fur  Company's  post  at  St.  Louis,  giving 
place  in  July,  1769,  to  the  Spanish  lieutenant  governor,  Don  Pedro  Pieruas,  who 
assumed  civil  authority. 

May  26,  1780,  a  band  of  Indians  led  by  British  regulars  from  Fort  Michili- 
mackinac  or  Mackinaw — established  by  French  Jesuits  on  the  Michigan  side  of 
the  strait  between  Lake  Huron  and  Lake  Michigan,  conquered  by  the  British  in 
1760 — surprised  the  people  outside  the  wall  of  brush  and  clay,  built  the  previous 


HISTORY  OF  NORTH  DAKOTA  153. 

year  around  the  settlement  of  St.  Louis  for  defense,  killing  from  fifteen  to 
twenty  persons,  and  then  attacked  the  village,  but  were  repulsed. 

Spain  held  possession  of  the  territory  until  1800,  when  it  was  retroceded  to 
France,  as  related  in  Part  I,  and  was  ceded  to  the  United  States  in  1803.  On 
June  2,  1 819,  the  first  steamboat  reached  St.  Louis,  direct  from  New  Orleans. 
She  was  named  the  Harriet.  The  first  steamboat  built  in  St.  Louis  was  not 
launched  until  twenty-three  years  after. 

The  Mississippi  Company  was  reorganized  in  1832,  and  during  their  occupa- 
tion trading  posts  were  established  in  Alabama,  Mississippi,  and  Tennessee,  and 
lead  mines  were  discovered  in  Northern  I,ouisiana  extending  from  the  33d  degree- 
north  latitude  to  the  Canadian  territory. 


.  CHAPTER  XI 
THE  CONQUEST  OF  THE  MISSOURI 

EARLY     TRADIXG     POSTS     ON     THE     YELLOWSTONE     RIVER YELLOWSTONE     TRAPPERS 

AMBUSHED ATTACKED    BY    THE   ARIKARAS — THE    LEAVENWORTH    EXPEDITION 

PUNISHING  THE  ARIKARAS THE  PURPOSE  OF  THE  CAMPAIGN MISSOURI   RIVER 

TRADERS ROCKY    MOLJNTAIN    Fl^R    COMPANY INDIAN    TREATIES   OF    1825 — THE 

COLLIMBIA  FUR  COMPANY DIXTSIONS  OF  THE  AMERICAN  FUR  COMPANY  IN    183I 

COLTER    AND    FINK,    CHARACTER    SKETCHES. 

"Careless  seems  the  great  Avenger ;  History's  pages  but  record 
One  death  grapple  in  the  darkness  'twixt  old  systems  and  the  word ; 
Truth  forever  on  the  scaffold,  Wrong  forever  on  the  throne. 
Yet  the  scaffold  sways  the  future,  and  behind  the  dim  unknown 
Standeth  God  within  the  shadow,  keeping  watch  above  his  own." 

— James  Russell  Lowell. 

E.\RLY    TRADING    POSTS    ON    THE    YELLOWSTONE 

There  were  several  po^ts  at  tiie  mouth  of  the  Big  Horn,  where  it  joins  the 
Yellowstone  River  in  Montana,  not  far  from  the  Custer  Battlefield ;  the  first 
built  in  i<So7,  b)'  Manuel  Lisa,  the  noted  Indian  trader — as  previously  mentioned 
— and  abandoned  the  ne.xt  year.  One,  called  Fort  Benton,  was  built  at  this 
point  in  1822,  and  abandoned  in  1823.  In  1822  Gen.  William  II.  Ashley  and 
Andrew  Henry  built  a  post  at  this  point,  but  gave  it  up  after  the  first  winter. 
In  1825,  it  will  be  seen,  it  was  visited  by  the  Atkinson  Commission  and  the  site 
described.  Fort  Cass  was  three  miles  above  the  mouth  of  the  Big  Horn,  built 
by  the  .American  Fur  Company  in  1832,  sometimes  known  as  Tulloch's  Fort,  and 
abandoned  in  1835. 

YELLOWSTONE   TRAPPERS    AMBL'SHED 

During  the  winter  of  1822-23,  the  Missouri  Fur  Coinpany  had  maintained  a 
force  of  hunters  and  trappers  on  the  Yellowstone  and  its  branches.  The  party 
originally  consisting  of  forty-three  men,  who  wintered  at  the  mouth  of  the  Big 
Horn  River,  were  reduced  to  thirty  by  desertion.  They  had  abandoned  their 
winter  quarters  and  were  returning  to  their  station  with  their  catch  of  furs, 
when,  on  May  31st,  they  were  ambushed  by  the  Blackfeet. 

Robert  Jones,  who  joined  the  Missouri  Fur  Company  in  1818,  and  Michael 
Immel,  the  leaders  of  the  party,  and  five  others  were  killed,  and  four  wounded. 
They  lost  their  entire  outfit  of  horses  and  equipment,  and  from  $15,000  to  $20,000 

154 


HISTORY  OF  NORTH  DAKOTA  155 

worth  of  furs,  some  of  which  were  recovered  through  the  good  offices  of  the 
Hudson's  Bay  Company  officials. 

ATTACKED  BY  THE  ARIKARAS 

General  Ashley,  from  his  trading  post  at  the  mouth  of  the  Yellowstone  River, 
in  1823  planned  an  expedition  for  trading  and  trapping  on  that  stream  and  its 
tributaries,  intending  to  extend  his  operations  to  the  Columbia  River.  He  organ- 
ized a  party  of  ninety  men  in  the  spring  of  that  year,  which  he  concentrated  at 
the  mouth  of  the  Cheyenne  River,  with  the  intention  of  sending  forty  men  across 
the  plains  with  horses,  the  remainder  to  go  on  by  boat.  On  the  morning  of  May 
30th,  he  reached  the  Arikara  villages,  and  spent  three  days  there,  purchasing 
about  fifty  horses  for  his  Yellowstone  expedition,  but  on  June  2d  he  was  attacked 
by  the  Indians,  and  of  his  men  fourteen  were  killed,  eleven  wounded,  and  one 
died  of  his  wounds.  Practically  all  of  his  horses  were  killed,  and  much  of  his 
property  was  stolen  or  destroyed.  The  Indians  numbered  about  six  hundred,  and 
the  attack  was  without  the  slightest  provocation  or  warning. 

General  Ashley  gave  his  loss  as  follows:  Killed,  John  Mathews,  John  Collins, 
Aaron  Stevens,  James  JMcDaniel,  Westley  Piper,  George  Flage,  Benjamin  F. 
Swecd,  James  Penn,  Jr.,  John  Miller,  John  S.  Gardner,  Ellis  Ogle,  David 
Howard.  Wounded,  Reece  Gibson  (died  of  wounds'),  Joseph  Mouse,  John  Law- 
son,  Abraham  Ricketts,  Roljert  Tucker,  Joseph  Thompson,  Jacob  ^Miller,  Daniel 
McClain,  Hugh  Glass,  August  Duffer,  and  Willis,  a  colored  man.  * 

This  company  was  succeeded  by  Smith.  Jackson  &  Sublette,  in  1826.  They 
had  great  success,  though  they  met  with  numerous  mishaps.  On  one  of  their 
expeditions,  nineteen  of  a  party  of  twenty-two  men  were  killed  by  the  Indians, 
and  their  property  taken,  but  through  the  Hudson's  Bay  Company,  in  this 
instance  also,  most  of  the  property  was  recovered.  Later  the  firm  became  Fitz- 
patrick,  Sublette  &  Bridger. 

PUNISHING    THE    ARIKARAS 

June  18,  1823,  Col.  Henry  Leavenworth  left  Fort  Atkinson  (Nebraska,  near 
Council  Bluffs,  Iowa)  with  Companies  A,  B,  D,  E,  F,  and  G,  Sixth  United  States 
Infantry,  for  the  purpose  of  punishing  the  Arikaras.  He  took  with  him  several 
pieces  of  light  artillery,  manned  by  details  from  his  command,  and  was  accom- 
panied by  eighty  volunteers,  armed  and  equipped  by  the  fur  companies,  and  from 
600  to  800  Sioux,  organized  by  Joshua  Pilcher,  of  the  Missouri  Fur  Company; 
the  .Sioux  expecting  a  free  hand  in  the  matter  of  scalps  and  spoils. 

The  roster  of  officers  of  this  expedition  included  Col.  Henry  Leavenworth, 
Maj.  Adam  R.  W'ooley,  Brevet  Maj.  Daniel  Ketchum.  Captains  Bennett  Riley 
and  William  Armstrong,  Lieutenants  John  Bradley,  Nicholas  John  Cruger, 
William  X.  \\'ickliffe,  William  Walton  Morris,  Thomas  Noel,  and  Surgeon  John 
Gale. 

The  officers  of  the  volunteer  command  and  the  .^ioux  Indian  contingent  were 
Gen.  William  H.  .Ashley,  Captains  Jedediah  .Smith  and  Horace  Scott,  Lieutenants 
Hiram  Allen  and  David  Jackson,  Ensigns  Charles  Cunningham  and  Edward 
Rose,  Surgeon  Fleming,  Quartermaster  Thomas  Fitzpatrick,  and  Serg.-Maj.  Wil- 


156  HISTORY  OF  NORTH  DAKOTA 

Ham  L.  Sublette,  of  the  Ashley  party,  and  of  the  Missouri  Fur  Company  and 
Indian  contingent,  Maj.  Joshua  Pilcher,  president  of  the  J^Iissouri  Fur  Company 
and  sub-agent  of  the  Sioux,  Captains  Henry  \'anderburg  and  Angus  McDonald^ 
First  Lieut.  jMoses  B.  Carson  and  Second  Lieut.  William  Gordon. 

The  appointment  of  these  officers  was  contimied  by  Colonel  Leavenworth,, 
in  special  orders,  except  that  of  General  Ashley,  who  was  brigadier-general 
in  the  Missouri  Militia.  IMlcher  was  sub-agent  of  the  Sioux,  appointed  by 
Major  O'Fallen. 

The  entire  command,  as  organized,  including  regulars,  mountaineers,  voya- 
geurs,  trappers,  and  Indians,  mustering  as  variously  estimated  from  800  to  1,200, 
was  styled  the  "^^lissouri  Legion.'' 

The  distance  from  Council  Bluii's,  Iowa,  to  the  Arikara  villages,  was  said  to 
be  655  miles,  and  the  time  consumed,  including  the  stop  for  reorganization,  was 
forty-eight  days. 

There  were  two  Arikara  villages,  a  short  distance  apart,  overlooking  the 
river,  and  so  situated  as  to  fully  command  the  channel,  fortified  by  a  stockade 
of  timbers  6  to  8  inches  thick  and  15  feet  in  height,  with  earth  thrown  up  on  the 
inside  to  a  height  of  about  18  inches.  About  three-fourths  of  the  Indians  were 
armed  with  London  fusils  (flint-lock),  procured  through  British  traders;  the 
others  with  bows  and  arrows,  and  war  axes.  The  warriors  belonging  to  the 
villages  numbered  about  six  hundred. 

The  ground  covered  by  these  villages  was  above  the  mouth  of  the  Grand 
River  that  flows  through  the  Standing  Rock  Indian  Reservation  to  join  the  Mis- 
souri in  South  Dakota,  near  the  border  line  between  South  and  North  Dakota, 
and,  in  181 1,  was  about  three-quarters  of  a  mile  from  the  channel  of  the  Mis- 
souri, on  Dead  Alan's  Creek,  which  now  flows  through  a  timbered  bottom,  where, 
in  1823,  there  were  sand-bars  and  the  river  channel. 

The  Sioux  auxiliaries  awaited  the  arrival  of  Colonel  Leavenworth  at  the 
mouth  of  the  Cheyenne  River,  whence  the  advance  was  made.  They  arrived 
at  the  Arikara  villages  August  9th,  and  the  Arikaras  coming  out  to  meet  the 
Sioux,  an  engagement  took  place,  in  which  the  whites  did  not  participate,  as  the 
Sioux  were  between  them  and  the  enemy. 

August  loth  Capt.  Bennett  Riley,  with  a  company  of  riflemen,  and  Lieut. 
John  Bradley,  with  a  company  of  infantr)',  were  posted  on  a  hill  within  100  paces 
of  the  upper  village,  screened  from  the  enemy's  fire.  Lieut.  William  Walton 
Alorris,  with  one  6-pounder  and  a  5^1-inch  brass  piece,  commenced  an  attack  on 
the  lower  town.  Sergeant  Perkins,  with  one  6-pounder,  was  assigned  to  Capt. 
Henry  Vanderburg,  of  the  Missouri  Fur  Company,  who  was  in  command  of  the 
volunteers.  Maj.  Daniel  Ketchum  was  ordered  to  the  upper  village  with  his 
command. 

The  fire  was  continued  from  early  in  the  morning  until  3  o'clock  in  the  after- 
noon. The  Sioux  lost  two  killed  and  thirteen  wounded.  Some  of  their  number 
were  in  the  meantime  harvesting  the  crop  of  the  Arikaras,  assisted  in  their  work, 
later  in  the  day,  by  the  soldiers,  for  the  purpose  of  obtaining  supplies ;  General 
Ashley's  men  having  had  no  food  for  two  days.  Colonel  Leavenworth  lost  two 
men  wounded  during  the  engagement.  The  Arikara  loss  was  heavy;  Chief  Grey 
Eyes  being  among  the  killed. 

When  the  Sioux  discovered  that  they  were  not  to  be  given  a  free  hand  in  the 


UPPER  MISSOURI  RIVER  SCENE  AT  "DROWNED  MAN'S  RAPIDS" 
Steamer   Rosebud   homeward   bound 


STEAMER  SELKIRK 
Floating  palace  of  the  Red  River  of  the  North.     Built  in  1871 


HISTORY  OF  NORTH  DAKOTA  157 

attack  upon  the  Arikaras,  they  commenced  to  parley  with  them  and  finally  dis- 
appeared altogether.  The  Arikaras  were  much  terrified  and  hastily  made  a 
treaty  of  peace,  but  failing  to  surrender  the  property  taken  from  General  Ashley, 
Colonel  Leavenworth  threatened  to  attack  them  again,  when  they  fled.  He  tried 
to  induce  them  to  return  and  re-occupy  their  villages,  but  did  not  succeed.  They 
left  the  mother  of  Chief  Grey  Eyes,  old  and  infirm,  in  one  of  the  lodges,  sup- 
plied with  water  and  food.  Colonel  Leavenworth  placed  her  in  one  of  the  best 
lodges,  with  an  increased  supply,  and  left  the  village  undisturbed,  but  before  he 
was  out  of  sight,  the  lodges,  numljering  141,  were  all  fired  and  cjuickly  destroyed, 
except  the  one  occupied  by  the  Indian  woman,  whose  domicile  was  not  invaded. 
It  was  charged  that  the  lodges  were  burned  by  Lieut.  William  Gordon  and  Capt. 
Angus  McDonald,  employes  of  the  Missouri  Fur  Company.  Gordon  was  one  of 
the  survivors  of  the  Blackfeet  attack  on  the  Big  Horn,  and  was  noted  as  one  of 
the  most  intrepid  of  the  frontiersmen.  In  1824  he  had  some  further  bloody 
experiences  on  the  Yellowstone,  again  spending  the  winter  on  the  Big  Horn,  with 
a  band  of  Crows,  causing  a  number  of  the  Blackfeet,  in  various  encounters,  to  take 
up  their  abode  in  the  "Happy  Hunting  Grounds,"  whence  none  have  as  yet 
returned. 

When  in  their  villages  on  the  Cheyenne  and  Grand  rivers,  the  Arikaras 
depended  upon  agriculture,  rather  than  the  chase,  for  food,  bartering  corn  with 
the  Cheyenne  and  other  tribes  for  buiTalo  robes,  skins  and  meat,  hunting  in  the 
fall  and  winter,  exhanging  the  skins  obtained  by  barter  and  the  chase,  with  the 
traders  for  cloth  and  other  things  required  for  their  ornament  and  comfort. 

Before  the  traders  came,  they  made  cooking  utensils  of  pottery,  mortars  of 
stone  for  grinding  their  corn,  hoes  from  the  shoulder  blade  of  the  buft'alo  and 
elk,  spoons  from  the  horn  of  the  buffalo,  wedges  for  splitting  wood  from  horn, 
brooms  from  stiff'  grass,  knives,  spear  and  arrow  heads  from  flint,  and  were  com- 
paratively a  well-dressed,  well-fed  and  happy  people. 

After  the  destruction  of  their  villages  in  1823,  they  rejoined  their  relations 
in  Nebraska,  sojourning  there  two  years,  returning  to  the  Heart  River,  and  to 
Knife  River,  in  1837,  and  finally  settling  at  Fort  Berthold,  in  1862. 

LEA\-ENW0RTI1    AND   THK    TRADERS 

The  Missouri  Fur  Company  had  furnished  about  forty  men  for  the  exjiedi- 
tion  of  1823,  to  punish  the  Arikaras,  and  had  operated  with  the  troops  in  the 
attack  upon  the  villages,  but  Colonel  Leavenworth  reported  that  in  making  the 
treaty  of  peace,  he  met  with  every  possible  obstacle  which  it  was  in  the  power 
of  that  company  to  throw  in  his  way.  He  was  very  indignant  because  of  the 
destruction  of  the  Indian  villages,  and  severely  censured  the  officers  of  the  Mis- 
souri Fur  Company  for  their  interference,  excepting  from  blame  Capt.  Henry 
Vanderburg  and  Lieut.  Moses  B.  Carson,  of  that  company.  These  gentlemen,  in 
turn,  stated  that  they  were  extremely  mortified  at  having  been  selected  as  the 
oJjject  of  Colonel  Leavenworth's  approbation,  and  claimed  that  he  had  left 
impassable  barriers  to  the  restoration  of  peace.  ]\Iajor  Pilcher's  criticism  was 
that  the  treaty  of  peace  had  been  made  before  the  Indians  had  been  properly 
punished. 

In  reply  to  these  adverse  views  of  Major  Pilcher,  Gen.  Edmund   Pendleton 


158  HISTORY  OF  NORTH  DAKOTA 

Gaines,  in  his  report  to  tlie  secretary  of  war,  fully  sustained  Colonel  Leaven- 
worth, claiming  it  was  his  right  and  duty  to  determine  the  degree  of  punishment 
due  the  enemy,  and  to  dictate  terms  of  capitulation,  and  insisting  that  the  victory 
most  acceptable  to  the  enlightened  and  victorious  nation  was  that  obtained  at  the 
least  expense  of  blood.  The  general-in-chief  of  the  army,  and  the  President  also, 
sustained  Colonel  Leavenworth. 

It  will  be  remembered  that  Lewis  and  Clark  were  received  by  the  Arikaras 
with  cordial  friendship.  Their  changed  attitude  was  attributed  to  the  influence 
of  the  Sioux.  They  were  dependent  upon  the  Sioux  for  arms  and  ammunition 
and  were  gradually  led  astray  by  tliem,  and  after  the  afl'air  with  Colonel  Leaven- 
worth, they  became  intensely  bitter  in  their  hostility. 

Notwithstanding  tlie  outrage  of  the  Blackfeet,  there  was  no  attempt  made  to 
])unish  them,  and  the  Alissouri  Fur  Company  soon  afterward  retired  from  the 
Upper  Missouri,  and  was  succeeded  by  the  American  Fur  Company,  which  had 
posts  at  the  Forks  of  the  .Sheyenne,  and  three  posts  in  the  ^'alley  of  the  James. 
Lisa's  Fort,  occupied  by  him,  and  acquired  liy  Joshua  Pilcher,  the  head  of  the 
Missouri  Fur  Company  in  1812,  was  on  the  right  or  south  bank  of  the  Missouri, 
about  twelve  miles  from  Fort  Clark.  After  the  Leavenworth  campaign  Major 
Pilcher  named  it  Fort  Vanderburg  in  honor  of  Capt.  Henry  \'anderburg. 

THE    PURPOSE    OF   THE   C.\MPAIGN 

The  following  extract  from  the  dispatch  of  Alajor-General  Gaines  to  the 
United  States  secretary  of  war,  dated  July  28.  1823,  discloses  the  real  purpose 
of  the  Leavenworth  expedition : 

"The  trade  itself,  however  valuable,  is  relatively  little  or  nothing  when  com- 
pared with  the  decided  advantage  of  that  harmonious  influence  or  control,  which 
is  acquired  and  preserved,  in  a  degree,  if  not  wholly,  by  the  constant  friendly 
intercourse  which  the  trade  necessarily  afifords,  and  by  which  it  is  principally  cher- 
ished and  preserved.  If  we  quietly  give  up  this  trade,  we  shall  at  once  throw  it. 
and  with  it  the  friendship  and  physical  power  of  near  thirty  thousand  warriors, 
into  the  arms  of  England,  who  has  taught  us  in  letters  of  blood  (which  we  have 
the  magnanimity  to  forgive,  but  which  it  would  be  treason  to  forget),  that  this 
trade  forms  rein  and  curb  by  which  the  turbulent  and  towering  spirit  of  these 
lords  of  the  forest  can  alone  be  governed.  I  say  alone,  because  I  am  decidedly 
of  the  opinion  that  if  there  existed  no  such  rivalship  in  the  trade  as  that  of  the 
English,  with  which  we  have  always  been  obliged  to  contend,  under  the  disad- 
vantage of  restrictions  such  as  have  never  been  imposed  upon  our  rival  adver- 
sary, we  should,  with  one-tenth  the  force  and  expense  to  which  we  have  been 
subjected,  preserve  the  relations  of  peace  with  the  Indians  more  efifectively  than 
they  have  been  at  any  former  period.  But,  to  sufTer  outrages  such  as  have  been 
perpetrated  by  the  Ricaras  and  Blackfeet  Indians  to  go  unpunished,  would  be 
to  surrender  the  trade,  and  with  it  our  strong  hold  upon  the  Indians,  to  England." 

MISSOURI    RIVER    TRADERS 

Thomas  Forsythe,  a  St.  Louis  trader,  visited  the  Upper  Missouri  country  in 
1797.     There  was  then  a  post  known  as  "Trudeau's"  or  the  Pawnee  House,  near 


HISTORY  OF  NORTH  DAKOTA  159 

what  is  now  Fort  Randall.  There  were  clerks  representing  British  traders  at  the 
Alandan  villages  near  Knife  River  and  at  other  points,  but  no  permanent  estab- 
lishments. 

Lewis  and  Clark,  in  1804,  found  traders,  mentioned  elsewhere  more  particu- 
larly, at  the  Arikara  villag^es,  and  after  they  passed  up  the  Missouri  River 
Loisell's  post  was  established  thirty-five  miles  below  Fort  Pierre  in  South  Dakota, 
and  was  found  in  full  operation  by  them  on  their  return  from  the  Pacific  coast 
in   1806. 

Ramsey  Crooks,  afterwards  general  agent  of  tl^e  American  Fur  Company, 
and  Robert  McClellan,  were  also  found  in  the  Missouri  River  trade  at  this  time, 
and  Robert  Dickson,  then  also  operating  at  the  headwaters  of  the  Mississippi 
and  on  the  Minnesota  River  and  at  \'ermilion,  midway  between  the  mouth  of  the 
James  and  that  of  the  Vermilion  River.  There  was  a  post  also  at  the  mouth  of 
the  Big  Sioux  (now  Sioux  City)  which  forms  part  of  the  border  line  between 
South  Dakota  and  Iowa,  with  headwaters  far  above  Sioux  Falls. 

Cedar  Post,  established  and  destroyed  by  fire  as  early  as  1810,  was  near  what 
is  now  Chamberlain  on  the  ^lissouri  in  South  Dakota,  on  Cedar  Island.  Fort 
Atkinson,  in  Nebraska,  was  near  the  Council  BlufTs,  which  are  in  Iowa,  about 
twenty  five  miles  above  the  modern  city  of  that  name,  which  is  across  the  river 
from  Omaha.  It  was  established  in  1819  and  abandoned  in  1827,  and  was,  in  its 
day,  an  important  military  post.  St.  Joseph,  Mo.,  in  the  early  history  of  the 
fur  trade  was  known  as  Black  Snake  Hills.  J.  P.  Cabanna's  early  post  was  ten 
miles  above  Omaha.  This  locality  was  the  theater  of  activity  in  the  fur  trade 
for  many  years. 

A  new  post,  built  by  the  Missouri  Fur  Company  in  1822,  was  known  as  Fort 
Recovery.  Charles  Bent,  Lucien  Fontenelle  and  James  Dripps  were  members  of 
this  company.  Dripps  built  several  posts  on  the  Missouri  River.  Fontenelle 
went  to  the  mountains  and  became  prominent  in  the  fur  trade  in  that  region, 
shipping  one  season  6,000  pounds  of  beaver  skins  down  the  Yellowstone  by  macki- 
naws.  This  fur  was  largely  used  in  the  manufacture  of  hats,  until  about  1834, 
when  silk  came  into  use  in  its  place.  There  was  a  trading  post  on  the  Missouri 
known  as  Fort  Lucien,  but  its  exact  location  cannot  now  be  given.  One  of  the 
early  posts,  known  as  Hanley's,  was  at  Fort  Randall,  and  Brasseau's  was  in  the 
same  vicinity. 

Fort  Clark,  mentioned  in  the  Osage  treaties  of  1808  and  1822,  was  forty  miles 
below  the  mouth  of  the  Kansas  River  where  it  joins  the  Missouri  between 
the  states  of  Kansas  and  Missouri,  and  was  subsequently  known  as  Fort  Osage. 
Fort  Lookout,  built  by  the  Columbia  Fur  Company  in  1822,  was  on  the  west 
bank  of  the  Missouri  near  what  is  now  Chamberlain,  .S.  Dak.  There  was  an 
Indian  agency  at  this  point  for  a  number  of  years.  This  company  had  posts 
at  the  mouths  of  the  Niobrara.  White,  Cherry,  James.  Sheyenne,  Little  Sheyenne, 
and  Heart  rivers. 

THE    ROCKY    MOUNTAIN    FUR    COMPANY 

In  March,  1822,  .Andrew  Henry  and  William  H.  Ashley  advertised  for  and 
obtained  100  young  men  to  go  to  the  source  of  the  Missouri  River,  on  a  contract 
of  from  one  to  three  years.     They  left  St.  Louis  on  the  15th,  in  two  keel  boats. 


160  HISTORY  OF  NORTH  DAKOTA 

One  of  the  boats  was  sunk,  and  much  property  lost.  Near  the  mouth  of  the 
Yellowstone,  the  Assiniboines  ran  off  about  hfty  head  of  horses  that  were  being 
led  along  the  bank,  compelling  the  party  to  stop  at  the  mouth  of  the  Yellowstone, 
where  they  established  a  trading  post.  Out  of  this  beginning  grew  the  Rocky 
Mountain  Fur  Company.  The  membership  consisted  of  William  H.  Ashley, 
Andrew  Henry,  Jedediah  S.  Smith,  David  E.  Jackson,  William  L.  Sublette, 
Robert  Campbell,  James  Bridger,  Thomas  Fitzpatrick,  Samuel  Tulloch,  James 
P.  Beckworth,  Etienne  Provost,  and  others.  Ashley,  who  takes  various  titles  in 
history,  from  captain  to  general,  from  his  connection  with  the  Missouri  Militia, 
was  a  member  of  Congress  several  times  from  Missouri,  and  at  this  time  lieu- 
tenant governor  of  that  state.  The  number  of  men  who  lost  their  lives  with  the 
Rocky  Mountain  Fur  Company  is  estimated  to  be  about  one  hundred. 

April  14,  1822,  President  James  Monroe  granted  a  license  to  trade  on  the 
Upper  Missouri  to  Gen.  William  H.  Ashley  and  j\Iaj.  Andrew  Henry.  These 
appointments  caused  considerable  anxiety  on  the  part  of  Gen.  William  Clark, 
in  his  capacity  of  United  States  superintendent  of  Indian  affairs  at  St.  Louis,  and 
to  his  anxious  inquiries,  John  C.  Calhoun,  of  South  Carolina,  then  United  States 
secretary  of  war,  expressed  the  hope  that  their  conduct  would  be  such  as  not  to 
disturb  the  peace  and  harmony  then  existing  between  the  Government  and  the 
Indians  on  the  Missouri,  but  rather  to  strengthen  and  confirm  them. 

INDI.^N    TREATIES    OF    1825 

Treaties  between  the  United  States  and  the  Arikaras,  Gros- Ventres,  Mandans, 
Sioux,  and  Poncas  were  made  in  1825,  by  the  authority  of  the  United  States 
■Congress,  through  a  commission  composed  of  Gen.  Henry  Atkinson,  United 
States  army,  and  Maj.  Benjamin  O'Fallon,  United  States  Indian  agent  in  charge 
■of  the  Sioux  on  the  Missouri  River. 

The  commission  left  St.  Louis  March  25,  1825,  arriving  at  Council  Bluff's,  on 
the  Missouri  in  Southwest  Iowa,  on  the  border  of  Nebraska,  April  19th,  and 
remaining  at  that  point  until  ]May  12th;  their  equipment  consisting  of  eight  keel 
boats,  supplied  with  sails,  cordelles,  poles  and  paddles. 

The  "cordelle"  was  a  long  line  by  which  from  twenty  to  forty  men,  on  shore, 
towed  the  boat  when  necessary.  It  was  attached  to  the  top  of  a  high  mast  which 
served  to  lift  the  line  above  the  brush  and  other  obstructions  on  the  bank  and 
was  the  main  reliance,  especially  when  the  current  was  strong  and  the  winds 
adverse. 

The  boats  were  named  Beaver,  Buffalo,  Elk,  Mink,  Muskrat,  Otter,  Raccoon, 
and  White  Bear,  all  familiar  names  in  the  fur  trade,  which  governed  the  pre- 
dominating thought  on  the  frontier  at  that  time. 

There  were  in  the  expedition  convoying  the  Indian  Commissioners  476  men, 
forty  of  whom  were  mounted  and  kept  the  boats  company  by  land.  Gen.  Henry 
Atkinson  was  in  command  of  the  expedition,  with  Col.  Henry  Leavenworth  sec- 
ond in  command. 

TRE.ATY    WITH    THE    ARIKARAS 

The  expedition  arrived  at  the  Arikara  villages  July  i8th,  and  a  treaty  with 
the  tribe  was  concluded,  in  which  they  agreed  to  remain  at  peace  with  the  whites, 
io  surrender  to  the  United  States  authorities  any  one  trading  unlawfully  in  the 


STEAMER  JOSEPHINE 
Type   of   Missouri   River    Steamboats,    1876. 


HISTORY  OF  NORTH  DAKOTA  161 

Indian  country,  and  to  aid  in  apprehending  horse  thieves,  with  which  the  country 
was  infested.     Since  then  they  have  been  at  peace  with  the  whites. 

After  this  treaty,  the  Arikaras  recognized  the  right  of  the  Sioux  to  the  country 
south  of  the  Cannonball  River,  which  joins  the  Missouri  south  of  Mandan  and 
Bismarck,  and  retired  to  the  Knife  River  region,  northwest  of  that  point,  which 
they  have  continued  to  occupy. 

The  expedition  arrived  at  the  Mandan  villages  on  the  26th  of  July,  where 
they  made  treaties  of  the  same  import  with  the  Mandans,  Gros-Ventres,  and 
Crows.  Trouble  was  imminent  with  the  Crows  at  this  point.  They  had  found 
the  cannon  unguarded,  and  had  succeeded  in  spiking  it  with  mud,  rendering  it 
useless  for  the  time  being,  and  had  become  very  insolent  and  unreasonable  in 
their  demands;  whereupon  Major  O'Fallon  knocked  one  chief  down  with  his 
pistol,  and  Interpreter  Edward  Rose  broke  his  gunstock  over  the  head  of  another. 
General  Atkinson  assembled  his  troops  at  once,  and  the  affair  was  over. 

They  left  the  Mandan  villages  August  6th,  and  arriving  at  the  mouth  of  the 
Yellowstone  on  the  17th,  found  three  sides  of  General  Ashley's  fort,  established 
in  1822,  standing,  and  relative  to  the  site  it  was  recorded  in  the  journal: 

"The  position  is  the  most  beautiful  spot  we  have  seen  on  the  river;  being  a 
tongue  of  land  between  the  two  rivers,  a  perfectly  level  plain,  elevated  above  high 
water,  and  extending  back  to  a  gentle  ascent  at  a  distance  of  two  miles." 

General  Ashley,  with  twenty-four  men,  came  down  the  Yellowstone  while 
they  were  there,  on  his  way  to  St.  Louis,  and  went  down  the  river  with  General 
Atkinson.  He  had  100  packs  of  beaver;  a  "pack"  containing  about  eighty  skins, 
dependent  upon  the  size  of  the  skin.  A  portion  of  the  expedition  had  been 
120  miles  above  the  mouth  of  the  Yellowstone,  in  the  hope  of  meeting  and 
treating  with  the  Assiniboines,  but  those  Indians  were  absent  on  the  summer 
hunt.  The  expedition  left  the  mouth  of  the  Yellowstone  August  26th,  on  their 
return  trip,  which  was  accomplished  without  having  had  any  trouble  with 
the  Indians. 

General  Atkinson  reported  that  he  found  no  interference  by  the  British  of 
any  sort.  He  did  not  favor  the  establishment  of  a  military  post  in  that  region, 
but  if  that  policy  should  be  adopted,  he  recommended  the  mouth  of  the  Yellow- 
stone as  the  proper  place  for  it,  and  that  a  dependent  post  be  established  near 
Great  Falls. 

In  all  the  treaties  made  with  the  Indians  by  General  Atkinson  and  Major 
Benjamin  O'Fallon,  embracing  the  Poncas,  Sioux,  Mandans,  Gros-Ventres,  and 
Arikaras,  it  was  stipulated  that  the  Indians  might  be  accommodated  with  such 
articles  of  merchandise,  etc.,  as  their  necessities  might  demand,  and  the  United 
States  agreed  to  admit  and  license  traders,  under  mild  and  equitable  regulations, 
the  Indians  agreeing  to  protect  such  persons. 

The  leading  idea  of  the  treaties  was  trade  with  the  Indians,  and  the  pro- 
tection of  the  persons  engaged  in  it.  There  was  no  thought  of  benefitting  or 
civilizing  the  Indian. 

MORE   RECENT   TRE.'VTIES 

Under  these  treaties  the  United  States,  in  a  measure  at  least,  became  re- 
sponsible for  the  debts  of  the  Indians  to  the  traders,  and  as  a  result  of  the 


162  HISTORY  OF  NORTH  DAKOTA 

treaty  of  1837,  with  the  Sioux,  $go,ooo  was  appropriated  for  the  payment  of 
such  debts.  One  hundred  thousand  dollars  was  provided  for  the  same  purpose 
in  the  treaty  with  the  Sacs  and  Foxes,  and  $2oo,(X)0  to  the  Winnebagos,  and, 
in  1851.  $495,000  was  provided  to  pay  the  debts  of  the  Sioux  to  their  traders; 
the  distribution  of  the  latter  sum  becoming  the  leading  element  in  the  Sioux 
massacre  of  1862. 

It  is  the  old  story  over  again — the  loss  of  homes  to  pay  for  unnecessary  and 
unwise  expenditure  of  borrowed  money,  or  goods  purchased  on  credit — for  in 
ail  cases  the  money  was  taken  from  the  purchase  price  of  the  Indian  lands, 
and  was  claimed  by  their  creditors. 

INDIAN    DEBTS    TO    TRADEKS 

Illustrating  the  credit  system  which  these  treaties  tended  to  encourage,  an 
imported  three-point  blanket  costing  $3.50,  was  sold  to  the  Indians  at  $10,  to 
be  paid  for  in  furs  at  traders'  prices;  guns  costing  $13,  were  sold  for  $30; 
gunpowder  costing  20  cents  a  pound,  was  sold  at  $1,  and  all  other  goods 
required  by  the  Indians  at  proportionate  prices.  The  Indian  dollars  were 
in  the  form  of  furs ;  one  buckskin,  one  or  two  doe  skins,  or  four  rat  skins, 
being  acceptable  for  a  dollar.  Three  dollars  were  allowed  for  an  otter  skin, 
and  $2  a  pound  for  beaver  skins.  The  price  for  goods  was  about  one-half  lower 
when  the  Indians  returned  in  the  spring  with  their  catch  of  furs,  and  could 
exchange  furs  in  hand  for  goods. 

It  was  estimated  that  if  the  traders  were  paid  the  full  credit  price  for 
one-fourth  of  the  goods  they  sold  in  that  way,  they  would  be  amply  remunerated 
for  all  goods  sold  on  credit. 

The  usual  articles  of  merchandise  taken  into  the  Indian  country  were  three- 
point  blankets,  red  and  blue  in  color,  red  and  blue  stroud — a  coarse  cloth  for 
clothing — domestic  calicos,  rifles,  shotguns,  gunpowder,  flints,  lead,  hoes,  axes, 
tomahawks,  knives,  looking-glasses,  red  and  green  paint,  copper,  brass  and  tin 
kettles,  beaver  and  other  traps,  bridles,  saddles,  spurs,  silver  ornaments,  beads, 
thread,  needles,  wampum,   horses,  etc. 

There  was  a  struggle  among  all  the  traders  to  obtain  the  beaver  skins. 
Thomas  Biddle,  writing  from  personal  knowledge  of  the  fur  trade,  to  Gen. 
Henry  Atkinson,  gives  the  following  account  of  the  bickerings  between  traders : — 

"The  Indians,  witnessing  the  eflforts  of  these  people  to  cheat  and  injure  each 
other,  and  knowing  no  more  important  white  men,  readily  imbibe  the  idea  that 
all  white  men  are  bad.  The  imposing  appearance  of  the  army  equipment  of  the 
white  men  (reference  to  the  Yellowstone  Expedition  of  i8ig),  and  the  novelty 
and  convenience  of  their  merchandise,  had  impressed  the  Indians  with  a  high 
idea  of  their  power  and  importance,  but  the  avidity  with  which  beaver  skins  are 
sought  after,  the  tricks  and  wrangling  made  use  of,  and  the  degradations  sub- 
mitted to  in  obtaining  them,  have  induced  a  belief  that  the  whites  cannot  exist 
without  them,  and  have  made  a  great  change  in  their  opinion  of  our  importance, 
our  justice,  and  our  power." 


A  GROUP  OF  OLD  TIME  TRADERS 

Colonel    Robert    Wilson,    seated:     Left    to    right    standing;    John    Smitli 

"Jack"'  Morrow,  A.  C.  Leighton 


I 

— WUMMMiI 


HISTORY  OF  NORTH  DAKOTA  I6S 

INDIAN    OPPOSITION    TO    SETTLERS 

The  ability  of  the  Indians  to  find  a  ready  market  for  their  furs^  and  other 
products  of  the  chase,  and  to  obtain  credit,  led  them  to  bitterly  oppose  the 
encroachment  of  settlers,  and  in  this  they  were  encouraged  by  tlie  traders,, 
whose  interests  were  identical  with  the  Indians'  in  this  respect.  In  some 
instances  the  Indians  refused  annuities  due  them  from  the  United  States 
Government,  and  murdered  their  fellow  tribesmen  for  accepting  presents  from, 
the  United  States  officials,  believing  that  they  had,  in  some  manner,  betrayed 
their  interests. 

It  was  under  the  influence  of  the  traders  that  they  refused  to  make  treaties,, 
and  under  pressure  from  them  that  they  consented,  when  it  was  possible  to. 
realize  considerable  sums  to  pay  alleged  debts,  due  from  the  Indians  to  the 
traders. 

THE  COLUMBIA   FUR   COMPANY 

When  the  Hudson's  Bay  and  North-West  companies  consolidated  irr  r82T,. 
about  nine  hundred  men  were  thrown  out  of  employment,   and  a   number  of 
these  sought  connection  with  American  companies.    The  Columbia  Fur  Company 
was  organized  by  Joseph  Renville,  a  trader  found  on  the  Minnesota  River  by 
Pike's  expedition  in    1805,   from  men   experienced   in   the    fur   trade.     Though 
having  a  small  capital,  with  headquarters  at  Lake  Traverse,   on  the  northeast 
border  of  South  Dakota,  where  Renville  had  been  engaged  in  trade  previous  to 
the  War  of  1812,  they  established  a  line  of  posts  on  the  JMissouri  River  in  1822; 
among  the  number  Fort  Tecumseh  at  the  mouth  of  Bad  River,  in  Central  South 
Dakota^afterwards  changed  in  location  and  named  Fort  Pierre,  occupying  land- 
across   the    river    from    Pierre,    the    capital    of    South    Dakota.      The    Premeam 
House  was  located  on  the  west  side  of  the   Missouri   near  the  present   Northi 
Dakota   state   line,   Fort   Defiance   established   by   discharged   employees   of   tha- 
American   Fur  Company  being  known   as  Harvey,   Premeau  &  Company,   was" 
located  at  the  mouth  of  Medicine  Knoll  Creek,  which  is  northeast  of  Pierre  six 
miles  above  the  Big  Bend  of  the  Missouri.    There  were,  also,  Fort  Bonis,  at  the 
mouth  of  the  Cannonball,  and  Mitchell's  Post,  near  the  present  site  of  Bismarck 
on  the  land  afterwards  entered  as  a  homestead  by  J.  O.  Simmons.     They  also 
had  a  post  near  Mandan,  on  the  Heart  River,  where  there  were  large  Indian 
villages,  abandoned  as  a  result  of  war  with  the  Sioux  and  disease;  the  remaining 
Indians   removing   up   to   the    Knife   River   where   they   were    followed   by   the 
traders.     Licenses  were  issued  for  the  Arikara  villages  and  for  the  Heart  River 
as  late  as  1831.     William  Laidlaw  and  Kenneth  McKenzie,  former  employees  oF 
the  Hudson's  Bay  Company,  were  active  in  the  developmerrt  of  the  interests  of  ' 
the   Columbia   Fur  Company,   afterwards  becoming  permanently   established   at 
Pierre  and  Fort  Union  in  connection  with  the  American  Fur  Company. 

The  trading  posts  were  called  "forts"  because  they  were  almost  invariably 
fortified,   in   order  to  guard   against  attack,   and   to   afford   shelter  to    friend'y  ■ 
Indians,   who  might  come  to   the    fort   to   trade,   if   pursued   by   their  enenr^s.  . 
There  were  usually  two  bastions  or  block-houses  on  diagonal  corners,  built  of 
logs  or  stone,  equipped  with  both  artillery  and  musketry,  so  arranged  that  every.  ■ 
front  could  be  raked  by  the  fire  from  the  fort,  in  case  of  attack. 


164  HISTORY  OF  NORTH  DAKOTA 

Fort  Clark  was  on  the  west  side  of  the  Jvlissouri  River,  near  Fort  Mandan, 
built  by  Lewis  and  Clark.  Tilton's  Fort,  built  by  James  Kipp  in  1822,  stood  a 
little  above  Fort  Clark.  Its  abandonment  was  forced  in  1823,  by  the  hostility 
of  the  Arikaras,  and  in  1825  Kipp  re-established  a  post  at  the  mouth  of  the 
White  Earth  River,  northwest  of  the  Fort  Berthold  Indian  Agency,  which  was 
sold  to  the  American  Fur  Company  in  1827. 

DIVISION  OF  THE  AMERICAN   FUR  COMPANY 

Teton  River  post,  at  the  mouth  of  the  Bad  River,  near  Fort  Pierre,  was 
owned  by  P.  D.  Papin,  Henry  Picotte  and  Carre  Brothers,  under  the  firm  name 
of  P.  D.  Papin  &  Company.  The  post  was  built  in  1828-29,  and  sold  to  the 
American  Fur  Company  in  1833,  Picotte  thereafter  becoming  one  of  the  man- 
agers of  their  vast  interests  on  the  Missouri  with  headquarters  at  Fort  Pierre. 
Sublette  &  Campbell  also  had  a  post  in  this  vicinity  established  about  this  time 
and  sold,  in  1833,  to  the  American  Fur  Company. 

^In  a  letter  to  Lewis  Cass,  Secretary  of  War,  dated  October  24,  1831,  Thomas 
Forsythe  spoke  of  the  several  divisions  of  the  American  Fur  Company — details 
of  whose  organization  have  been  previously  given — operating  above  St.  Louis. 
The  division  of  Joseph  Rolette,  of  Pembina  and  Prairie  du  Chien  fame,  in- 
cluded all  the  Indians  from  the  Dubuque  mines  to  a  point  above  Fort  St. 
Anthony,  now  Fort  Snelling,  and  up  the  St.  Peters  River  (now  Minnesota), 
to  its  source,  and  also  all  Indians  in  the  Wisconsin  and  upper  part  of  Rock 
River  region.  J.  P.  Cabanna  had  the  Indians  below  Council  Bluffs,  and  August 
P.  Chouteau  had  the  Indians  in  the  Osage  country.  Mr.  Rolette  procured  his 
goods  at  Mackinaw,  at  the  head  of  Lake  Michigan,  and  shipped  them  by 
mackinaw  boats  across  Lake  Michigan,  through  Green  Bay  and  the  Fox  and 
Wisconsin  rivers  in  Central  Wisconsin,  to  Prairie  du  Chien  on  the  east  bank 
of  the  Mississippi  River.  From  Prairie  du  Chien  they  were  forwarded  up  the 
Mississippi  by  keel-boats  and  by  smaller  boats  to  other  points. 

Fort  George,  twenty-one  miles  below  Fort  Pierre,  was  built  by  Ebbitt  & 
Cutting  in  1842,  for  Fox,  Livingston  &  Company,  and  like  the  other  establish- 
ments became  a  part  of  the  American  Fur  Company's  trade  monopoly. 

COLTER  AND  FINK:     CHARACTER   SKETCHES 

Colter  and  Fink  are  samples  of  the  characters  who  sought  the  frontier  under 
the  stimulating  influence  of  the  fur  trade,  or  to  take  advantage  of  the  oppor- 
tunity to  get  beyond  the  restraint  of  law. 

JOHN   colter's   RACE   FOR   LIFE 

John  Colter  was  a  soldier  with  the  Lewis  and  Clark  expedition,  and  re- 
quested and  received  his  discharge  on  his  return  to  the  Mandan  villages,  desiring 
to  remain  in  the  Indian  country.  He  was  the  first  to  explore  the  headwaters  of 
the  Yellowstone. 

At  one  time  he  traveled  over  five  hundred  miles  among  the  Indians,  returning 
unharmed,  but  on  another  occasion  he  was  robbed  of  all  his  clothing  and  of 


Photo  by  Sweet.  Miiiiieapnlis 


VIEW  OF  MINOT  IN  1887 


THE  BONE  INDUSTRY,  MINOT,  1889 


HISTORY  OF  NORTH  DAKOTA  165 

every  means  of  defense  and  of  subsistence  and  turned  out  on  the  prairie,  with 
500  yards  the  start,  and  told  to  run ! 

He  was  followed  by  several  hundred  whooping,  yelling  savages,  and  outran 
them  all,  followed  to  the  last  by  one  Indian  who  stumbled  and  fell,  when  Colter 
turned  on  him  and  killed  him  with  his  own  weapon.  Thereafter  he  was  on  the 
prairie  several  days  before  he  reached  safety. 

MICKIE    FINK,    OUTLAW 

Mike  Fink,  or  Alickie  Phinck,  as  he  usually  wrote  his  own  name,  joined 
Ashley's  expedition  to  the  Yellowstone,  in  1822. 

At  Pittsburgh  he  was  barred  from  the  turkey  shoots,  being  an  expert  shot, 
and  at  St.  Louis  he  had  a  court  record  for  paring  a  negro's  heel  with  a '  shot 
from  his  rifle,  because  he  thought  it  would  look  better  after  such  an  operation. 

He  had  two  chums,  one  named  Carpenter  and  the  other  Talbot.  It  was  their 
custom  to  entertain  their  associates  by  each  in  turn  shooting  a  cup  of  whiskey 
from  the  other's  head. 

Finally  they  quarreled,  and  in  due  time  their  reconciliation  was  announced, 
and  Fink,  as  evidence  of  their  renewed  confidence  in  each  other,  suggested  the 
cup  of  whiskey  test.  The  first  shot  fell  to  Fink,  and  Carpenter  took  his  place 
without  flinching,  though  not  without  fear,  for  he  knew  his  man.  As  Carpenter 
fell,  shot  through  the  forehead.  Fink  remarked:  "Carpenter,  you've  spilled 
the  whiskey."  He  then  deliberately  blew  the  smoke  out  of  his  rifle  barrel,  and, 
finally,  as  he  felt  compelled  to  say  something,  cursed  the  whiskey,  cursed  his 
rifle,  and   cursed  himself. 

Later  he  boasted  that  he  killed  Carpenter  purposely,  and  Talbot  killed  him 
on  the  spot.     Talbot  came  to  his  death  by  drowning. 

The  vigilance  committees  organized  in  Montana  in  connection  with  the  de- 
velopment of  the  mim'ng  industries,  disposed  of  a  number  of  the  lawless  char- 
acters infesting  this  region,  and  the  early  courts  at  Bismarck  convicted  many 
and  sent  them  to  the  penitentiary  at  Fort  Madison,  la. 


CHAPTER  XII 
THE  CONQUEST  OF  THE  MISSOURI— CONTINUED 

FORTY    YEARS    IN    THE    HANDS    OF    INDIAN    TRADERS KENNETH     m'keNZIE,    "kING 

OF  THE    UPPER    MISSOURI*' FORT    UNION   ESTABLISHED FIRST   STEAMBOATS    ON 

THE     UPPER     MISSOURI FORTS     GLARK,     m'keNZIE,     MORTIMER    AND     BUFORD 

BATTLE    OF   FORT    m'keNZIE THE    USES   AND   ABUSES   OF    INTOXICATING    LIQUOR 

IN  THE  FUR  TRADE THE  SMALLPOX  SCOURGE  OF  1837,  AND  CHOLERA   EPIDEMIC 

OF    1845 OUTLAWS — BEAR  RIB   PAYS  THE  INDIAN   PENALTY    FOR   TREASON. 

They  are  slaves  who  will  not  choose 
Hatred,  scoffing  and  abuse, 
Rather  than  in  silence  shrink 
'  From  the  truth  they  needs  must  think : 

They  are  slaves  who  dare  not  be 
In  the  right  with  two  or  three. 

— James  Russell  Lozvell. 

Lewis  and  Clark,  the  explorers,  as  shown  in  Chapter  Y,  Tart  One,  found  the 
natural  inclination  of  the  Indians  disposed  them  to  hospitality;  their  first  impulse 
being  to  offer  food  with  a  greeting  in  words  of  friendship  for  the  white  men. 
They  were  eager  for  trade  that  would  enable  them  to  obtain  means  of  defense 
against  other  tribes,  and  the  articles  and  implements  essential  to  their  comfort 
and  development  in  Indian  life;  but  under  the  influence  of  the  Indian  trade,  as  it 
was  prosecuted,  their  disposition  changed  and  their  attitude  generally  became 
one  of  unrelenting  hostility. 

For  forty  years  the  Upper  :\Iissouri  region  was  without  law,  without  the 
influence  of  schools  or  churches;  given  over  to  an  inordinate  desire  for  gain, 
and  to  the  unrestrained  passions  of  men.  Not  until  Dr.  Walter  A.  Burleigh, 
and  other  Indian  agents  commenced  the  culture  of  grain,  and  the  missionaries 
gained  a  foothold,  was  there  the  slightest  advance  toward  civilization. 

"the    UPPER    MISSOURI    OUTFIT*' 

Among  the  traders  who  joined  Joseph  Renville  in  the  organization  of  the 
Columbia  Fur  Company,  consolidated  with  the  American  Fur  Company  in  1827, 
to  whom  allusion  has  been  made,  were  Kenneth  McKenzie  and  William  Laidlaw. 
The  latter  had  charge  of  their  business  at  Fort  Tecumseh  and  vicinity,  and  the 
Upper  Missouri  was  placed  in  charge  of  Kenneth  McKenzie.  Their  organiza- 
tion was  a  part  of  the  American  Fur  Company  and  was  known  as  the  Upper 
Missouri  Outfit.     Daniel  Lamont  was   a  member  of   this   organization.     Their 

166 


HISTORY  OF  NORTH  DAKOTA  167 

headquarters  were  at  Fort  Tecumseh,  built  in  1822,  at  the  mouth  of  Bad  River, 
moved  to  higher  ground  in  1832,  and  christened  Fort  Pierre. 

Kenneth  McKenzie  left  St.  Paul  in  the  spring  of  1828,  with  fifty  men,  to 
build  a  trading  post  at  the  mouth  of  the  Yellowstone.  The  point  selected  for 
the  post  was  on  the  north  bank  of  the  Missouri  River,  almost  directly  on  the  line 
between  the  present  states  of  Montana  and  North  Dakota,  on  the  identical  spot 
where  Mondak,  Mont.,  now  stands.  Mondak  was  named  "Mon"  for  Montana 
and  "dak''  for  Dakota,  established  as  a  rival  to  Buford,  and  across  the  line  in 
Montana  in  order  to  avoid  the  prohibition  laws  of  North  Dakota.  The  post 
was  called  Fort  Union,  as  it  was  intended  to  bring  all  the  lines  of  trade  to  a 
union  at  that  point.  The  goods  for  the  Upper  Missouri  Outfit  were  shipped 
aniuially  from  New  York  to  St.  Louis,  and  thence  on,  up  the  river  by  boats 
owned  by  the  company,  to  Fort  Pierre,  Fort  Union,  and  other  Uppei  Missouri 
River  points. 

Fort  Union  was  200  feet  square ;  the  stockade  built  of  logs  i  foot  in  diameter, 
12  feet  in  height,  set  perpendicularly,  the  lower  end  two  feet  in  the  ground. 
There  were  two  block-house  bastions,  12  feet  square,  pierced  with  loopholes,  on 
diagonal  corners  of  the  fort.  There  was  one  opening,  a  gate  of  two  leaves, 
12  feet  wide,  and  in  one  of  the  leaves  there  was  a  small  gate  33^  by  5  feet.  As 
described  by  Edwin  T.  Denig,  for  many  years  bookkeeper  at  the  fort,  in  a  letter 
to  John  James  Audubon,  the  celebrated  ornithologist,  who  visited  it  in  the 
summer  of  1843,  and  remained  two  months  and  four  days  in  the  vicinity; — 

"The  fort  was  destroyed  by  fire,  in  1831,  and  rebuilt  that  year,  the  bastions, 
30  feet  high,  being  built  of  stone  surmounted  by  a  pyramid  roof.  There  were 
two  stories,  and  the  upper  one  had  a  balcony  for  observation.  A  banquette 
extended  around  the  inner  wall.  The  entrance  was  large,  and  secured  by  a 
powerful  gate,  changed  to  a  double  gate  in  1837,  on  account  of  the  dangerous 
disposition  of  the  Indians  because  of  the  smallpox  epidemic. 

"On  the  opposite  side  of  the  square  from  the  entrance  was  the  house  of  the 
liourgeois,  or  master,  a  well-built,  commodious  two-story  structure,  with  glass 
windows,  fireplace,  and  other  modern  conveniences.  Around  the  square  were 
the  barracks  of  the  employees,  the  storehouses,  workshops,  stables,  a  cut  stone 
powder-magazine  capable  of  holding  50,000  pounds,  and  a  reception  room  for  the 
Indians.  In  the  center  of  the  court  was  a  tall  flag-stafif,  around  which  were  the 
leathern  tents  of  half-breeds  in  the  service  of  the  company.  Near  the  flag-staff 
stood  one  or  two  cannon  trained  upon  the  entrance  of  the  fort.  Somewhere 
inside  of  the  inclosure  was  the  famous  distillery  of  1833-34  (built,  as  will  be 
seen,  by  McKenzie).  All  of  the  buildings  were  of  cottonwood  lumber,  and 
everything  was  of  unusually   elaborate   character." 

In  connection  with  the  description  of  the  house  it  was  said: — "In  the  upper 
story  are  at  present  located  Mr.  Audubon  and  his  suite.  Here  from  the  pencils 
of  Mr.  Audubon  and  ]\Ir.  (Isaac)  Sprague  emanate  the  splendid  paintings  and 
drawings  of  animals  and  plants  which  are  the  admiration  of  all,  and  the  Indians 
regard  them  as  marvelous  and  almost  to  be  worshipped." 

Fort  Union  always  had  a  large  force  of  clerks,  artisans,  and  others  employed 
about  the  place,  and  was  the  most  extensively  equipped  of  any  trading  post.  It 
was  built  for  trade  with  the  Assiniboines,  as  well  as  a  distributing  point. 

In  May,  1867,  the  material  used  in  the  construction  of  this  famous  old  trading 


168  HISTORY  OF  NORTH  DAKOTA 

post,  was  sold  to  Capt.  William  Galloway  Rankin  of  the  Thirteenth  United 
States  Infantry,  then  stationed  at  Fort  Union,  and  used  in  the  construction  of 
Fort  Buford.  Charles  Larpenteur,  first  mentioned  in  Part  One  in  connection 
with  bufifalo  hunting,  who  had  been  at  Fort  Union  most  of  the  time  since  1833, 
engaged  in  the  Indian  trade,  was  the  last  trader  at  Fort  Union,  and  traded  that 
year  2,000  buffalo  robes,  900  elk  hides,  1,800  deer  skins,  and  1,000  wolf  pelts; 
total  value,  $5,000.  After  Fort  Union  was  dismantled,  he  built  an  adobe  building 
at  that  point,  96  feet  long,  but  finding  it  necessary  to  move  to  Buford,  he  built 
a  log  building  there  120  feet  in  length. 

FORT    BUFORD 

The  Fort  Buford  reservation  was  extended  to  30  miles  square,  by  executive 
order  promulgated  through  Headquarters  Department  of  Dakota,  July  16,  1868. 

In  1 87 1,  Alvin  C.  Leighton  was  appointed  post  trader  at  Fort  Buford, 
arriving  on  the  steamer  Ida  Reese,  May  5,  1871  ;  and  May  8th,  that  year,  the 
opposition  stores  were  closed,  and  May  14th,  Charles  Larpenteur  left  on  the 
steamer  Andrew  Ackley. 

KING  OF  THE   UPPER   MISSOURI 

Kenneth  McKenzie  was  fond  of  display,  and  wore  a  uniform  of  blue  with 
gold  braid.  He  was  known  as  the  "King  of  the  Upper  Missouri."  At  one  time 
he  ordered  from  England  a  coat  of  mail,  but  for  what  purpose  never  developed. 
His  difficulties  in  tr\'ing  to  secure  liquor,  which  he  deemed  absolutely  essential 
to  his  trade,  caused  him  to  retire  and  engage  in  the  liquor  business  at  St.  Louis, 
with  a  capital  of  $60,000  as  his  share  of  the  profit  from  the  Upper  Missouri  trade. 

During  a  trip  to  Europe  he  was  represented  by  J.  Archibald  Hamilton,  and 
was  finally  succeeded  by  Alexander  Culbertson,  in  1835.  In  1845,  new  opposi- 
tion iiaving  developed,  in  the  firm  of  Harvey,  Premeau  &  Company,  he  returned 
to  Fort  Union  and  remained  until  the  following  spring. 

His  son,  Owen  McKenzie,  born  of  an  Indian  wife,  developed  considerable 
ability,  but  was  dissipated,  and  was  killed  by  Malcolm  Clark  on  one  of  the 
company's  boats  near  Fort  Union,  in  1863.  He  had  been  in  charge  of  a  trading 
post  at  the  mouth  of  the  White  Earth  River,  an  important  point  for  trade,  for  a 
number  of  years.  Dissatisfied  with  the  action  of  Clark,  who  tlien  represented 
the  American  Fur  Company,  an  assault  was  made  and  he  was  killed  in  self- 
defense. 

THE    YELLOWSTONE FIRST    STEAMBOAT    ON    THE    UPPER    MISSOURI 

Before  the  advent  of  the  steamboat  the  furs  had  been  sent  down  the  river  by 
mackinaws  to  St.  Louis,  where  they  were  collected,  weighed,  repacked,  and 
shipped  by  steamboat  to  New  Orleans,  and  thence  to  New  York.  Here  they 
were  unpacked,  made  into  bales,  and  shipped  to  Europe:  excepting  some  of  the 
finest,  particularly  the  otter,  for  which  China  afforded  the  best  market. 

McKenzie's  success  had  been  so  great  in  opening  up  trade  on  the  Upper  Mis- 
souri, that  he  urged  that  a  steamboat  be  built  for  that  trade.    The  American  Fur 


HISTORY  OF  NORTH  DAKOTA  169 

Company  having  adopted  his  recommendation,  the  Yellowstone  was  built  at 
Louisville,  Kentucky,  in  1830,  and  left  St.  Louis  on  its  first  up-river  trip  April 
16,  1831,  in  command  of  Capt.  B.  Young,  arriving  at  Fort  Tecumseh,  June  19th, 
and  returning  to  St.  Louis  with  a  full  cargo  of  furs. 

March  26,  1832,  this  vessel  left  on  her  second  trip  up  the  Missouri  River, 
reaching  Fort  Tecumseh  May  31st,  where  she  remained  several  days,  in  the 
meantime  the  fort's  location  and  name  being  changed  to  Fort  Pierre,  named  for 
Pierre  Chouteau,  who  was  a  passenger  on  the  boat  which  went  on  to  Fort  Union. 
This  was  the  first  steamboat  to  reach  the  mouth  of  the  Yellowstone  River.  She 
returned  to  Fort  Pierre  June  25th,  having  made  a  successful  trip,  and  thereafter 
annual  trips  were  made  by  American  Fur  Company  steamboats  to  Fort  Union. 

The  Indians  called  the  Yellowstone  the  "fire  boat  that  walks  on  the  water," 
and  were  so  enthusiastic  over  the  trip  that  they  declared  they  would  trade  no 
more  with  the  Hudson's  Bay  Company,  which,  up  to  that  time,  had  the  major 
portion  of  the  trade  of  the  Blackfeet  and  Assiniboines. 

STE.VMER    ASSINIEOINE — FIRST    STEAMER    ABOVE   THE   YELLOWSTONE 

The  steamer  Assiniboine  accompanied  the  steamer  Yellowstone  on  its  annual 
trip  to  Fort  Union  in  1833,  having  Prince  Maximilian  for  a  passenger.  She 
continued  her  trip  some  distance  above  the  Yellowstone  but  was  forced  into  win- 
ter quarters  by  low  water,  and  during  the  winter  her  crew  built  Fort  Assiniboine. 
She  was  burned  at  Sibley  Island  in  May,  1835,  on  her  down  trip. 

FORT    ASSINIBOINE 

Fort  Assiniboine,  built  by  the  crew  of  the  steamer  Assiniboine  in  enforced 
winter  quarters,  was  occupied  that  winter  by  Daniel  Lamont,  whose  party  secured 
in  trade  from  the  Indians  170  red  foxes,  1,646  prairie  foxes,  18  cross  foxes,  74 
badgers,  269  muskrats,  89  white  wolves,  196  white  hares,  5  swan  skins,  4,200 
bufifalo  robes,  37  dressed  bufifalo  cow  skins,  12  dressed  calf  skins,  450  salted 
tongues,  3,500  pounds  of  dried  meat.  The  fort  was  abandoned  in  the  spring 
of  1835,  and  was  burned  by  the  Indians.  Its  exact  location  is  not  now  known,  but 
it  marked  the  first  advance  of  steam  navigation  above  the  mouth  of  the  Yel- 
lowstone. 

THE   ANNUAL    STEAMBOAT 

For  the  nearly  forty  years  that  Fort  Union  was  maintained  as  a  trading  post, 
the  arrivals  of  the  annual  boat  were  events  which  were  considered  worthy  of 
detailed  description  by  Capt.  Hiram  M.  Chittenden  in  his  "History  of  the  Amer- 
ican Fur  Trade":  "On  these  occasions,"  he  says,  "the  dreary  routine  of  the 
trader's  life  suddenly  changed  to  unwonted  activity.  The  long  looked-for  annual 
boat  was  in  sight! — the  great  event  of  the  year — with  news  from  the  outside 
world,  and  all  of  the  business  matters  that  made  up  the  purpose  of  the  journey. 

"The  fort  manned  its  guns  (for  it  had  several  small  cannon  mounted  in  the 
bastions),  and  a  hearty  salute  was  fired.  The  boat  vigorously  responded.  Every- 
body about  the  fort  crowded  to  the  scene,  the  bourgeois,  for  whom  a  respectful 
space  was  made  in  the  crowd,  and  the  clerks,  artisans,  storekeepers,  groups  of 


170  HISTORY  OF  NORTH  DAKOTA 

free  trappers,  and  bands  of  Indians,  forming  in  all  as  wild  and  motley  a  crowd 
as  a  boat  ever  met  in  port. 

'Immediately  upon  landing,  and  even  before  the  interchange  of  salutations 
was  complete,  the  unloading  of  the  cargo  was  begun.  No  time  was  to  be  lost  in 
the  navigation  of  the  Missouri.  Should  the  spring  rise  go  down  before  the  return 
of  the  boat,  she  would  have  to  stay  up  all  the  year,  as  happened  with  the  steamer 
Assiniboine  in  1834-5. 

"Night  and  day  the  roustabouts  (deck  hands)  of  the  boat  and  the  engagees 
(employees)  of  the  fort,  were  busy  carrying  off  the  goods  and  carrying  on  the 
furs.  A  banquet  on  the  boat,  and  another  with  the  bourgeois,  completed  the  fes- 
tivities, and  almost  before  the  denizens  of  the  fort  had  taken  their  eyes  from 
the  strange  visitor,  she  hauled  in  her  lines,  and  was  speeding  back  to  St.  Louis." 

From  St.  Louis  to  Fort  Union  was  1,760  miles.  From  a  record  kept  by 
Charles  Larpenteur  from  1841  to  1847  the  average  speed  of  the  steamboats  from 
St.  Louis  to  Fort  L'nion  was  forty- four  miles  a  day  for  the  up  trip  and  123  miles 
for  the  down  trip;  the  time  for  the  up  trip  ranging  from  eighty  days  in  1841  to 
forty  days  in  1847,  'i^d  for  the  down  trip  from  thirty-one  days  in  1845  to  four- 
teen days  in  1847.  O"  the  down  trip  in  1832  the  steamer  Yellowstone  carried 
1,300  packs  of  robes  and  beaver.  The  weight  of  beaver  shipped  July  11  that  year 
was  10,230  lb.,  and  they  expected  to  take  on  120  to  130  packs  from  Pierre.  Lucien 
Fontenelle  left  Fort  Union  that  year  on  September  24th  with  6,000  lb.  of  beaver 
from  the  Yellowstone,  shipped  in  mackinaws  as  stated  in  Chapter  XI. 

FORT    CLARK 

Fort  Clark  was  established  in  1830  by  James  Kipp — previously  mentioned  as 
having  also  built  Tilton's  Fort — under  the  direction  of  Kenneth  McKenzie,  for 
the  jMandan  trade.  It  was  on  the  right  or  south  bank  of  the  Missouri  River, 
fifty-five  miles  above  the  Northern  Pacific  Railroad  bridge  at  Bismarck,  on  a  bluff, 
in  an  angle  of  the  river,  on  the  opposite  side  of  the  river  from  Fort  Alandan — 
built  by  Lewis  and  Clark  in  1804 — and  was  named  for  Governor  William  Clark, 
the  Captain  Clark  of  the  Lewis  and  Clark  expedition.  The  fort  was  132  by  147 
feet,  substantially  built,  and  one  of  the  most  important  posts  on  the  ^Missouri 
River,  aside  from  Fort  Union. 

Having  been  abandoned  by  the  traders,  who  had  moved  to  Fort  Berthokl,  it 
was  in  the  possession  of  the  Arikaras  in  1862,  when,  most  of  the  warriors  being 
absent  on  their  winter  hunt,  it  was  attacked  by  the  Sioux  and  entirely  destroyed. 
The  last  vestige  of  the  Mandan  villages,  later  known  as  the  "Ree"  Village,  having 
disappeared,  the  Arikaras  joined  the  Alandans  and  Gros-\"entres  (Hidatsa)  at 
Fort  Berthokl. 

FORT    PIEGAN 

In  1 83 1  James  Kipp  built  Fort  Piegan  for  the  Black  feet  trade,  at  the  mouth 
of  the  Marias  River,  and  when  he  went  down  the  river  with  his  furs,  the  next 
spring,  it  was  burned  by  the  Indians. 


HISTORY  OF  NORTH  DAKOTA  171 


Through  an  interpreter,  Jacob  Derger,  who  had  become  acquainted  with  the 
Blackfeet  when  in  the  employ  of  the  Hudson's  Bay  Company,  Mr.  McKenzie  suc- 
ceeded in  getting  the  Ulackfeet  and  Assiniboines  to  make  a  treaty  of  peace.  The 
treaty  is  dated  November  29,  183 1,  and  was  made  at  Fort  Union.  McKenzie 
represented  the  Black  feet,  who  had  been  at  war  for  many  years  with  the  Assini- 
boines, and  was  mentioned  in  the  treaty  as  Governor  McKenzie,  ambassador  of 
the  Blackfeet,  Piegans  and  Bloods,  and  the  Indian  parties  were  designated  "Lords 
of  the  soil  extending  from  the  banks  of  the  great  waters  unto  the  tops  of  the 
mountains  upon  which  the  heavens  rest,"  and  they  solemnly  covenanted  to  "make, 
preserve  and  cherish  a  firm  and  lasting  peace,  that  so  long  as  the  waters  run  or  the 
grass  grows,  they  may  hail  each  other  as  brothers,  and  smoke  the  calumet  of 
friendship  and  security,  and  forever  live  in  peace  and  as  brothers  in  one  happy 
family."     Tahatka,  also  known  as  Gauche,  was  a  party  to  this  treaty. 

As  a  result  of  this  treaty,  in  1831,  David  D.  Mitchell  established  Fort 
AIcKenzie,  si.x  miles  above  the  mouth  of  the  Marias  River  and  a  few  miles  only 
from  the  point  which  afterwards  became  Fort  Benton,  the  head  of  navigation  on 
the  Missouri  River.  It  was  built  in  the  regulation  manner,  140  feet  square,  with 
an  exceptionally  strong  gate,  and  stood  120  feet  back  from  the  river. 

The  returns  from  P'ort  McKenzie  for  the  season  of  1834-5  were  9,000  buffalo 
robes,  1,020  beaver,  40  otter,  2,800  muskrat,  180  wolves,  200  red  foxes,  1,500 
prairie  dogs,  19  bears,  390  buffalo  tongues  brought  down  to  Fort  Union  by  keel 
boats  and  mackinaws  with  a  force  of  thirty-five  men. 

From  the  first  the  fort  promised  excellent  results,  and  was  maintained  until 
1843,  when,  through  the  wanton  murder  of  three  Indians  by  inmates  of  the  post 
(Chardon  and  Harvey),  its  abandonment  was  forced,  and  its  site  is  now  known 
as  Brule  Bottom.  Harvey  murdered  the  wounded  and  scalped  them,  and  forced 
the  squaws  in  the  fort  to  execute  the  scalp  dance  about  their  remains.  After- 
wards Harvey  deliberately  murdered  one  of  his  co-employees,  at  Fort  Union,  and 
flourishing  his  gun,  which  was  yet  smoking,  shouted :  "I,  Alexander  Harvey,  have 
killed  the  Spaniard.  If  there  are  any  friends  of  his  that  want  to  take  it  up,  let 
them  come  on  !" 

Maximilian's  visit 

The  annual  boat  which  arrived  at  Fort  Union  in  1833  brought  a  distinguished 
visitor  in  the  person  of  Maximilian,  Prince  of  Wied.  There  was  accompanying 
him  an  artist  of  the  name  of  Charles  Bodmer.  They  were  visiting  at  Fort 
McKenzie  when  a  number  of  Blackfeet,  or  Piegans,  a  tribe  of  the  Blackfeet  con- 
federacy, were  encamped  about  the  post. 

BATTLE   OF    FORT    m'keNZIE 

The  Piegans  had  been  drinking  heavily  of  intoxicating  liquors,  and  singing 
most  of  the  night,  and  early  in  the  morning  of  August  28,  1833,  they  were  attacked 
by  the  Assiniboines  without  the  slightest  warning,  and  many  of  them  killed  before 
they  could  be  aroused  from  their  slumbers.  The  gate  of  the  post  was  thrown 
open,  and  they  were  hurried  into  the  fort  as  rapidly  as  possible,  though  some 
were  killed  at  the  very  gates  before  the  defense  was  fully  organized,  the  women 


172  HISTORY  OF  NORTH  DAKOTA 

having  blockaded  the  gate  by  crowding  into  the  narrow  passage-way  with  their 
burden  of  horse  and  camp  equipment  of  every  nature. 

Maximilian  thus  describes  the  thrilling  scene :  "As  fast  as  the  Piegans  got 
in,  they  mounted  the  palisades  and  opened  fire.  When  it  was  found  that  the 
attack  was  intended  for  the  Blackfeet,  and  not  for  the  whites,  Mitchell  ordered 
the  men  to  stop  firing.  Two  of  the  employees,  however,  persisted  in  firing,  and 
went  outside  and  killed  a  nephew  of  the  principal  chief. 

"While  all  of  this  was  passing,  the  court  yard  of  the  fort  presented  a  very 
strange  scene.  A  number  of  wounded  men,  w^omen,  and  children  were  laid  or 
placed  against  the  walls ;  others  in  a  deplorable  condition  were  pulled  about  by 
their  relatives  amid  tears  and  lamentations.  White  Buffalo,  whom  I  have  men- 
tioned, and  who  received  a  wound  in  the  back  of  his  head,  was  carried  in  this 
manner,  amid  singing,  howling,  and  crying.  They  rattled  the  scliischikitc  (sic) 
in  his  ears,  that  the  evil  spirit  might  not  overcome  him,  and  gave  him  brandy  to 
drink.  He,  himself,  though  stupefied,  sang  without  intermission,  and  would  not 
give  himself  up  to  the  evil  spirits.  Otsequa-Stomik,  an  old  man  of  my  acquaint- 
ance, was  wounded  in  the  knee  by  a  ball  which  a  woman  cut  out  with  a  pen- 
knife, during  which  operation  he  did  not  betray  the  least  symptom  of  pain. 
Natan-Otanee,  a  handsome  young  man  with  whom  we  became  acquainted  on  our 
visit  to  Kutonaoi,  was  suffering  dreadfully  from  severe  wounds.  Several  Indians, 
especially  young  women,  were  likewise  wounded.  We  endeavored  to  assist  the 
wounded,  and  Mr.  Mitchell  distributed  balsam,  and  linen  for  bandages,  but  very 
little  could  be  done.  Instead  of  suffering  the  wounded  who  were  exhausted  by 
loss  of  blood  to  take  some  rest,  their  relatives  continuously  pulled  them  about, 
sounded  large  bells,  and  rattled  their  medicines  or  amulets,  among  which  were 
the  bear's  paw's  which  White  Bufl'alo  wore  on  his  breast. 

"Only  a  spectator  of  this  extraordinary  scene  could  form  any  idea  of  the  con- 
fusion and  noise,  which  was  increased  by  the  loud  report  of  the  musketry,  the 
moving  backward  and  forward  of  the  people  carrying  powder  and  ball,  and  the 
turmoil  occasioned  by  about  twenty  horses  shut  up  in  the  fort." 

The  main  body  of  the  Blackfeet  was  ten  miles  away,  and  messengers  having 
been  sent  hurriedly  for  their  help  (to  quote  from  Maximilian),  "They  came 
galloping  in.  grouped  from  three  to  twenty  together,  their  horses  covered  with 
foam,  and  they,  themselves,  in  the  finest  of  apparel,  with  all  kinds  of  ornaments 
and  arms,  bows  and  quivers  on  their  backs,  guns  in  their  hands,  furnished  with 
their  medicines,  with  feathers  on  their  heads ;  some  had  splendid  crowns  of  black 
and  white  eagle  feathers,  and  a  large  hood  of  feathers  hanging  down  behind, 
sitting  on  fine  panther  skins  lined  with  red ;  the  upper  part  of  their  bodies  partly 
naked,  with  a  long  strip  of  wolf  skin  thrown  across  their  shoulders,  and  carry- 
ing shields  adorned  with  feathers  and  pieces  of  colored  cloth.  A  truly  original 
sight." 

The  Assiniboines,  who  proved  to  be  the  best  fighters,  finally  withdrew  toward 
the  Bear  Paw  Mountains,  only  retiring  when  their  ammunition  was  exhausted. 

M.AXIMILIAN,  PRINCE  OF  WIED 

Alexander  Philip  Maximilian,  Prince  of  Wied  (Neuwied),  was  a  major-gen- 
eral in  the  army  and  a  scientific  author  of  distinction  in  Rhenish  Prussia.     He 


HORSE     RACING  OF  SIOUX  INDIANS 

From   a  painting  by   Cliarles  Bodmer   from  "Travels   to   the  Interior  of  North  America   in 

1833-3-4,"  by  Maximilian,  Prince  of  Wied,   1843. 


FORT  MACKENZIE,  AUGUST  38,  1833 

From  a  painting  by  Charles   Bodmer   from   "Travels   to   the  Interior  of  North  America  in 

1833-3-4,"   by   Maximilian,   Prince   of   Wied,   1843. 


HISTORY  OF  NORTH  DAKOTA  173 

came  to  North  America  as  a  naturalist  in  1832,  arriving  in  Boston  on  the  Fourth 
of  July,  and  returned  to  Europe  on  a  Havre  packet  from  New  York  on  July  16, 
1834.  His  "Travels  in  the  Interior  of  North  America,"  in  three  volumes,  trans- 
lated from  the  German  by  Hannibal  Evans  Lloyd,  were  published  in  1843.  He 
brought  with  him  a  skillful  illustrator,  Charles  Bodmer,  a  Swiss  artist,  from 
whose  sketches  plates  were  engraved  and  reproduced  in  the  work. 

From  the  translated  preface  of  Maximilian  to  his  great  work,  the  following  ' 
data  are  taken:  At  St.  Louis  on  April  10,  1833,  the  party  joined  a  fur-trading 
expedition  on  its  annual  trip  by  the  steamer  Yellowstone  to  the  posts  of  the  Upper 
Missouri,  by  the  advice  of  Gen.  William  Clark  and  Maj.  Benjamin  O'Fallon. 
On  the  22d  they  were  at  Fort  Leavenworth,  and  on  the  2d  cf  Alay  reached  Belle- 
vue,  just  below  the  present  Omaha.  May  i8th  they  had  the  first  sight  of  buffalo, 
and  arrived  at  Fort  Pierre,  the  company's  main  post,  among  the  Sioux  the  last 
of  May. 

At  Fort  Pierre  the  travelers  were  transferred  from  the  Yellowstone  to  the 
Assiniboine,  a  more  recently-built  boat  and  larger,  but  with  a  lighter  draft.  The 
description  of  this,  "the  first  steamer  above  the  Yellowstone,"  on  a  former  page, 
embraces  the  item  that  the  prince  was  on  board.  Passing  the  Arikara  villages, 
they  steamed  into  the  land  of  the  Mandans  and  the  Minnitaree  (Hidatsa),  where, 
on  June  i8th,  they  landed  at  the  company's  post.  Fort  Clark,  remaining  there  one 
day,  and  then  moving  up  to  the  mouth  of  the  Yellowstone  River,  where  Fort 
Union  was  reached  on  the  24th  of  June.  Two  weeks  were  passed  at  Fort  Union, 
and  then  they  embarked  on  a  keel-boat,  and  continued  their  journey  to  Fort  Mc- 
Kenzie  at  the  mouth  of  the  Marias  River  among  the  Blackfeet.  During  their  stay 
there  of  two  months,  they  were  initiated  into  the  mysteries  of  the  fur  trade, 
and  witnessed  the  battle  between  the  Blackfeet  (Piegans)  and  Assiniboines,  as 
described  in  notes  quoted,  and  Maximilian  observes  that  the  song  of  the  Assini- 
boine warriors  resembled  that  of  the  Russian  soldiers  heard  in  the  winter  of 
1813-1814. 

In  company  with  Toussaint  Charbonneau,  Lewis  and  Clark's  former  inter- 
preter, they  attended  various  ceremonies,  dances  and  feasts,  sketched  many  por- 
traits of  the  chiefs,  and  studied  the  manners  and  customs.  The  succeeding  winter 
was  spent  at  Fort  Clark,  and  on  the  breaking  up  of  the  ice  the  following  spring 
they  went  down  the  river,  and  May  i8th  were  at  Fort  Leavenworth.  Coming 
down  in  the  Assiniboine,  there  was  a  fire  on  the  steamer  (at  Sibley  Island,  near 
Bismarck),  and  much  of  their  collection,  which  was  uninsured,  was  destroyed, 
in  view  of  which  contingency  the  prince  advises  other  travelers  to  insure  their 
collections.  They  went  east,  homeward  bound,  by  way  of  Niagara  Falls  and 
New  York. 

In  the  author's  preface  he  declares  that  the  works  of  American  writers  on 
this  subject,  with  the  exception  of  Cooper  and  Washington  Irving,  "cannot  be 
taken  into  account,"  as  in  writing  for  their  countrymen  they  "take  it  for  granted 
that  their  readers  are  well  acquainted  with  the  country."  He  has  "endeavored 
to  supply  the  deficiency  to  the  best  of  his  ability,"  but  "a  faithful  and  vivid  pic- 
ture of  these  countries  and  the  original  inhabitants  can  never  be  placed  before 
the  eye  without  the  aid  of  a  fine  portfolio  of  plates  by  the  hand  of  a  skillful 
artist." 

The  journal  of  Alexander  Culbertson,  then  a  young  fur-trade  clerk,  confirms 


174  HISTORY  OF  NORTH  DAKOTA 

these  interesting  reminiscences  of  Prince  Maximilian.  Culbertson  accompanied 
the  prince  from  Fort  Union  to  Fort  McKenzie,  and  says  the  prince  was  from 
"Coblentz  on  the  Rhine."  Kenneth  McKenzie,  subsequently,  visited  him  at  his, 
palace  at  Coblentz.  He  was  in  this  country  hunting  for  experience  and  oppor- 
tunity to  view  frontier  life,  and  with  his  presence  at  the  battle  of  Fort  McKen-. 
zie,  and  the  hardships  endured  in  his  camp  at  Fort  Clark  the  following  winter,  it 
may  be  assumed  that  he  got  his  full  measure  of  experience,  which  enabled  him  to. 
write  so  entertainingly  and  accurately  of  the  Indians.  He  also  published  a  book 
entitled  "A  Systematic  View  of  Plants  Collected  on  a  Tour  on  the  Missouri 
River,''  and  his  library  and  collections  are  among  the  chief  treasures  of  Neuwied. 
He  died  in  1867,  at  the  age  of  eighty-five. 

CH.-\RDON    AND    HARVEY 

Francois  A.  Chardon  had  charge  of  Fort  McKenzie  for  some  years,  and  his 
colored  servant  having  been  killed  by  the  Indians,  he  planned  to  attack  them  when 
they  should  next  come  to  the  post  to  trade.  Accordingly,  Alexander  Harvey^ 
one  of  the  most  desperate  men  in  the  fur  trade,  as  has  been  shown,  acting  in  con- 
cert with  Chardon,  trained  the  post  cannon  on  the  gate,  and  was  to  fire  the 
moment  the  gate  was  opened,  when  it  was  expected  the  Indians  would  flee  in  a 
panic  and  abandon  the  rich  furs  which  they  had  brought  for  trade.  The  gate 
was  thrown  open,  Chardon  began  firing,  but  Harvey's  shot  being  delayed  a 
moment,  the  Indians  scattered  and  but  three  were  killed  and  three  wounded. 

Chardon  scarcely  dared  go  beyond  the  gates  of  the  fort  after  that,  and  the 
post  was  finally  abandoned ;  the  company  feeling  obliged  to  dispense  with  the 
services  of  Harvey,  who  established  an  opposition  company  known  as  Harvey, 
Premeau  &  Company,  in  1845,  as  stated,  with  headquarters  at  Fort  Defiance, 
previously  mentioned  as  located  six  miles  above  the  Big  Bend  of  the  Missouri, 
and  continued  in  business  several  years. 

The  uneasiness  of  the  Blackfeet,  however,  was  attributed  by  Laidlaw  of  the 
Upper  Missouri  Outfit,  who  was  then  at  Fort  Union,  to  "certain  retrenchments 
of  liquor  heretofore  given  them  in  their  ceremonies,  the  discontinuance  of  which 
has  become  absolutely  necessary  for  the  better  regulation  of  that  post." 

Sublette's  fort  willi.\m 

In  1833  McKenzie's  success  had  been  so  great  that  furs  valued  at  upwards  of 
$500,000  were  shipped  from  the  Upper  Missouri.  This  led  to  competition,  and 
that  fall  William  L.  Sublette  and  Robert  Campbell,  spoken  of  in  relation  to  a 
division  of  the  American  Fur  Company,  established  a  new  post  at  the  mouth  of 
the  Yellowstone  on  almost  the  identical  spot  where  Fort  Buford  was  later  built. 
They  put  in  an  immense  stock  of  goods,  hired  popular  clerks  and  interpreters, 
who  had  formerly  worked  for  McKenzie,  and  a  fierce  rivalry  was  the  result ; 
McKenzie  giving  his  men  authority  to  use  any  means  necessary  to  hold  the  trade, 
and  to  pay  any  price  necessary  to  obtain  it.  As  high  as  $12  was  paid  for  beaver 
skins,  the  usual  price  being  $3,  and  smuggled  liquors  were  freely  used  by  both 
contestants,  with  the  result  that  Fort  William,  as  the  post  was  called,  was  aban- , 
doned  the  following  year. 


HISTORY  OF  NORTH  DAKOTA  175 

Fort  William  on  the  Missouri  was  completed  on  Christmas  day,  1833.  It  was 
150  feet  front,  130  deep.  The  stockade  was  of  Cottonwood  logs  18  feet  in  length, 
hewn  on  three  sides,  set  three  feet  in  the  ground.  The  trader's  house  was  a 
double  cabin,  18  by  20  feet,  with  a  passage  between.  The  store  and  warehouse 
were  40  feet  in  length,  18  feet  wide.  There  were  two  bastions,  a  carpenter  shop, 
blacksmith  shop,  ice  house,  meat  house,  etc.  It  was  later  moved  back  from  the 
river  on  account  of  the  rise  cutting  away  the  bank,  called  Fort  Mortimer,  and 
occupied  under  that  name  by  Fox,  Livingston  &  Company,  alluded  to  in  connec- 
tion with  Fort  George  in  1842. 

LIQUOR    FOR   THE    YELLOWSTONE   TRADE 

In  accordance  with  the  act  of  Congress  of  July  9,  1832,  prohibiting  the  intro- 
duction of  liquors  into  the  Indian  country,  inspectors  were  placed  at  Fort  Leav- 
enworth to  prevent  shipments  by  boat.  The  boats  which  went  up  the  river  in 
1 83 1,  and  the  early  boat  in  1832,  had  been  iintrammeled.  Sublette  and  Campbell 
prevailed  upon  Gen.  William  Clark  to  allow  them  to  ship  liquors,  and  a  like  privi- 
lege was  granted  to  Mr.  Chouteau,  of  the  American  Fur  Company,  but  his 
shipment  of  1.400  gallons  of  liquor  was  confiscated  at  Fort  Leavenworth,  and 
other  shipments  were  intercepted  and  confiscated. 

In  1833  Kenneth  McKenzie,  having  failed  in  an  attempt  to  get  a  considerable 
amount  of  liquor  by  the  inspectors,  is  quoted  as  saying:  "They  kicked  and 
knocked  about  everything  they  could  find,  and  even  cut  through  our  bales  of 
blankets,  which  had  never  been  undone  since  they  left  England." 

THE   DISTH^LERY    AT    FORT    UNION 

He  could  scarcely  rest  tmder  his  failure  to  secure  intoxicants,  which  he  knew 
the  opposition  possessed,  and  against  the  advice  of  the  officers  of  the  American 
Fur  Company,  who  were  certain  to  be  held  responsible  for  his  acts,  he  estab- 
lished a  distillery  at  Fort  Union  in  1833,  arguing  that  to  manufacture  liquor  in 
the  Indian  country  was  not  equivalent  to  introducing  it,  and,  therefore,  was  not 
a  violation  of  the  law.  He  shipped  men  to  Iowa,  and  set  them  at  work  raising 
corn  for  his  still,  and  in  the  meantime  secured  a  supply  from  the  Mandans  for 
present  needs,  and  succeeded  in  making,  as  he  expressed  it,  "as  fine  a  liquor  as 
need  be  drunk,  from  the  fruits  of  the  country." 

He  was  a  lavish  entertainer,  and  took  great  pride  in  his  post,  and  when  a 
party  of  opposition  traders  visited  him,  he  entertained  them  in  his  accustomed 
manner,  showing  them  all  of  the  features  of  the  post,  including  his  distillery, 
dilating  on  its  merits,  but  when  they  took  leave  he  refused  to  sell  them  liquor, 
and  charged  them  traders'  prices  for  their  supplies.  This  offended  them,  and 
one  of  them,  Capt.  Nathaniel  Wyeth,  noted  for  his  expedition  to  the  Columbia 
River,  made  complaint  on  his  arrival  at  St.  Louis,  which  resulted  in  the  destruc- 
tion of  the  distillery,  and  it  was  with  great  difficulty  that  the  company  retained 
its  license. 

To  meet  this  evasion  of  the  law,  Congress  passed  the  drastic  legislation  of 
1834,  under  which  steamboats,  or  any  other  means  of  conveyance,  might  be  con- 
fiscated if  found  carrying  liquors  into  the  Indian  country,  and  prohibiting  its 
manufacture. 


176  HISTORY  OF  NORTH  DAKOTA 

Illustrating  the  use  of  alcohol  in  the  Indian  trade,  Charles  Larpenteur  relates 
that  he  went  to  an  Indian  camp  when  it  was  so  cold  that  his  mules  were  frozen 
to  death  in  the  shelter  provided  for  his  team,  and  the  Indians  were  suiifering  for 
the  necessaries  of  life,  and  yet  he  secured  i8o  buffalo  robes  for  five  gallons  of 
alcohol,  on  which  the  whole  camp  got  drunk  twice.  He  obtained  thirty  more 
robes  for  "goods,"  there  being  no  more  liquor,  and  hardly  any  robes,  left  in 
camp. 

As  George  Bancroft,  the  historian,  says,  in  speaking  of  the  influence  of 
whisky  on  the  Indians:  "Whisky  as  applied  to  the  noble  savage  is  a  wonderful 
civilizer.  A  few  years  of  it  reduces  him  to  a  subjection  more  complete  than 
arms,  and  accomplishes  in  him  a  humility  which  religion  can  never  achieve.  Some 
things  men  will  do  for  Christ,  for  country,  for  wife  and  children ;  there  is  nothing 
that  an  Indian  will  not  do  for  whisky." 

In  the  attack  by  the  Indians  on  Fort  McKenzie,  the  defenders  managed  to 
get  some  alcohol  to  the  Indians,  and  by  that  means  stopped  the  battle,  and  on 
another  occasion  when  the  Indians  became  troublesome  at  Fort  Union,  they  were 
supplied  with  whisky  mixed  with  laudanum,  which  put  them  all  to  sleep,  but  for- 
tunately none  were  killed  by  the  experiment. 

ILLICIT    TRADE    AT    FORT    WILLIAM 

Notwithstanding  the  strict  laws  and  rigid  inspection,  Sublette  &  Campbell 
had  been  able  to  secure  all  the  liquor  necessary  for  their  trade,  and  in  opening 
their  post  at  Fort  William  gave  a  striking  example  of  its  use  among  the  Indians. 
Charles  Larpenteur,  who  was  in  charge  of  the  liquor  sales,  says : 

"It  was  not  until  night  that  we  got  ready  to  trade.  It  must  be  remembered 
that  liquor  was  the  principal  and  most  profitable  article  of  trade,  although  it  was 
strictly  prohibited  by  law,  and  all  boats  on  the  Missouri  were  thoroughly  searched 
at  Fort  Leavenworth.  Notwithstanding  this.  Mr.  Sublette  managed  to  pass 
through  what  he  wanted.  *  *  '^'  The  liquor  trade  started  at  dark,  and  soon 
the  singing  and  yel'ing  commenced.  The  Indians  were  all  locked  up  in  the  fort, 
for  fear  that  some  might  go  to  Fort  Union,  which  was  about  2i4  miles  distant. 
Imagine  the  noise!  Five  hundred  Indians  with  their  squaws,  all  drunk  as  they 
could  be,  locked  up  in  that  small  space!  *  *  *  Gauche  (the  Indian  chief) 
had  provided  himself  with  a  pint  cup,  which  I  know  he  did  not  let  go  during  the 
whole  spree,  and  every  now  and  then  he  would  rush  into  the  store  with  his 
cup,  and  order  it  filled,  and  to  'hurry  up'. 

"The  debauch  continued  during  that  entire  night  and  well  into  the  next  day, 
Gauche  being  the  leading  figure  until  the  end,  while  Indians  in  stupor  from  drink 
lay  in  every  direction. 

"Back  in  the  mountains  whisky  was  sold  at  $5  a  pint,  but  here  at  the  opening 
the  price  was  $1  per  pint.     Salt  and  sugar,  and  later  coffee,  were  the  same  price." 

SMUGGLING   LIQUOR 

Writing  to  Gen.  Henry  Atkinson  in  181Q,  Thomas  Biddle  observed:  "So 
violent  is  the  attachment  of  the  Indian  for  it  (intoxicating  liquor)  that  he  who 
gives  most  is  sure  to  obtain  the  furs,  while  should  anyone  attempt  to  trade  with- 


HISTORY  OF  NORTH  DAKOTA  177 

out  it,  he  is  sure  of  losing  ground  with  his  antagonist.     No  bargain  is  ever  made 
without  it." 

In  1843  the  Omega  was  the  American  Fur  Company's  annual  boat,  carrying 
supplies  for  the  Yellowstone  trade.  Joseph  A.  Sire  was  master,  with  Joseph 
La  Barge  at  the  wheel.  John  James  Audubon,  the  celebrated  ornithologist,  was 
a  passenger,  one  of  a  party  of  scientists.  The  boat  carried  a  supply  of  ardent 
spirits  for  the  use  of  the  party,  under  permit  from  the  Indian  authorities,  and 
the  usual  supply  for  the  Indian  trade,  in  defiance  of  the  laws  governing  inter- 
course with  the  Indians. 

Captain  Sire  had  anticipated  inspection  at  Fort  Leavenworth,  but  they  escaped 
that  post,  and  at  Bellevue  there  was  no  inspector,  but  at  Hart's  Bottom,  a  few 
miles  above  Bellevue,  Capt.  John  II.  Burgwin,  of  the  First  LTnited  States  Dra- 
goons, brought  the  boat  to  by  a  shot  across  the  bows,  and  presented  his  creden- 
tials as  inspector.  Mr.  Audubon  presented  his  card,  and  expressed  a  desire  to 
see  the  commandant  of  the  military  camp  about  four  miles  distant,  and  Captain 
Burgwin  courteously  accompanied  him  to  the  camp.  While  he  was  thus  engaged, 
Captain  Sire  prepared  for  inspection.  There  was  a  track  around  the  boat,  in 
the  hold,  and  cars  for  moving  heavy  freight.  The  liquor  covered  by  the  sci- 
entists' permit  was  freely  exposed,  and  its  quality  tested,  but  the  traders'  supplies 
were  loaded  on  the  cars,  and  with  muffled  wheels,  silently  moved  from  one  part 
of  the  boat  to  another,  while  the  inspectors  were  peering  into  the  dimly  lighted 
corners,  to  make  sure  that  nothing  was  escaping  their  attention,  and  the  boat 
passed  on  with  a  clean  bill.  The  trick,  however,  was  discovered  and  could  not 
be  used  again. 

The  next  year,  1844,  the  Ninirod  made  the  annual  trip  with  the  same  officers. 
The  Indian  agent  at  Bellevue  made  a  most  rigorous  inspection.  Every  package 
was  broken  and  every  bale  pierced  by  sharp  pointed  rods.  While  this  was  going 
on  a  consignment  of  flour  in  barrels  for  the  trader  at  Bellevue  was  being  unloaded 
and  placed  in  the  warehouse,  and  that  night,  while  the  good  man  slept,  the  barrels 
were  reloaded,  and  the  boat  proceeded  up  the  river  without  the  usual  clearance. 
The  liquor  was  packed  in  the  barrels  of  flour. 

Hiram  M.  Chittenden,  in  his  "History  of  the  American  Fur  Trade  of  the 
Far  West,"  says:  "The  depths  of  rascality  into  which  this  traffic  (in  liquor)  fell, 
might  well  stagger  belief,  were  they  not  substantiated  by  the  most  positive  evi- 
dence. The  liquor  was  generally  imported  in  the  form  of  alcohol,  because  of  the 
smaller  compass  for  the  same  amount  of  poison.  It  was  stored  in  every  con- 
ceivable form  of  package.  In  overland  journeys  it  was  generally  carried  in  short, 
flat  kegs,  which  would  rest  conveniently  on  the  sides  of  pack  mules.  When  car- 
ried by  water,  it  was  concealed  in  tlour  barrels,  in  bales  of  merchandise  or  any- 
where it  would  most  likely  escape  discovery.  *  *  *  j,^  retailing  the  poisonous 
stuff — a  pure  article  never  found  its  way  to  the  Indians — the  degree  of  deception 
could  not  have  been  carried  further.  A  baneful  and  noxious  substance  to  begin 
with,  it  was  retailed  with  the  most  systematic  fraud,  often  amounting  to  sheer 
exchange  of  nothing  for  the  goods  of  the  Indian.  It  was  the  policy  of  the  shrewd 
trader  to  first  get  his  victim  so  intoxicated  that  he  could  n,o  longer  drive  a  good 
bargain.  The  Indian,  becoming  more  and  more  greedy  for  liquor,  would  yield 
up  all  he  possessed  for  an  additional  cup  or  two.  The  voracious  trader,  not  sat- 
isfied with  selling  his  liquor  at  a  profit  of  many  thousand  per  cent,  would  now 


178  HISTORY  OF  NORTH  DAKOTA 

cheat  in  quantity.  As  he  filled  the  cup,  which  was  the  standard  measure,  he 
would  push  in  his  big  thumb  and  diminish  its  capacity  by  one-third.  Sometimes 
he  would  substitute  another  cup  with  bottom  thickened  by  running  tallow  into 
it  until  it  was  one-third  full.  He  would  also  dilute  the  liquor  until,  as  the  Indian's 
senses  became  more  and  more  befogged,  he  would  treat  him  to  water,  pure  and 
simple." 

Later  on,  the  difficulties  of  obtaining  intoxicating  liquor  increased  to  such  a 
degree  that  coffee  was  used  to  a  great  extent  to  take  its  place.  Pots  of  coffee 
were  kept  ready  for  use,  and  with  sugar,  was  almost  as  efficacious  in  composing 
the  Indian's  mind  and  disposing  him  to  liberality  in  trade  as  alco'nol,  with  none 
of  its  evil  effects. 

N.\TUR.\L   DISLIKE    OF   THE    ARIKAR.\S    AXU    CROWS 

It  will  be  remembered  that  Lewis  and  Clark  were  surprised  to  find  that  the 
Arikaras  indignantly  refused  their  offer  of  intoxicating  liquors. 

Charles  Larpenteur  states  that  the  Crows  in  1833  roamed  over  the  prairies  in 
considerable  bands,  and  thus  describes  their  attitude  toward  the  liquor  question 
as  he  observed  it  the  next  day  after  a  trade,  as  a  visit  for  that  purpose  was  called  : 
"They  had  just  made  their  trade  at  the  fort,  one  day's  march  from  where  we 
were.  The  Crows  did  not  drink  then,  and  for  many  years  remained  sober.  It  was 
not  until  a  few  years  ago,  when  they  were  driven  out  of  their  country  by  the 
Sioux,  and  became  a  part  of  the  tribes  on  the  Missouri,  that  they  took  to  drinking 
with  the  Assiniboines.  As  they  did  not  drink,  their  trade  was  all  in  substantial 
goods,  which  kept  them  always  well-dressed  and  extremely  rich  in  horses ;  so  it 
was  really  a  beautiful  sight  to  see  that  tribe  move." 

Like  other  tribes,  when  the  curse  of  intoxicating  liquors  became  fastened 
upon  the  Crows,  their  riches,  their  homes,  and  their  pride  disappeared. 

IN    MILITARY    AND    CIVIL    LIFE 

In  later  days  a  visit  to  the  military  trading  posts  would  have  shown  similar 
frauds,  equally  disreputable,  practiced  upon  LTnited  States  soldiers,  with  a  view 
to  separating  them  from  their  money.  Soldiers  in  drunken  stupor  might  be  seen 
lying  around  the  trader's  store,  reminding  one  of  the  dead  upon  a  battlefield. 
The  proceeds  from  the  pay-table  having  been  squandered,  usually  within  two  or 
three  days,  by  a  large  percentage  of  the  soldiers,  an  era  of  temperance  and  good 
order  would  prevail  until  the  next  pay  day. 

In  civil  life  frauds  upon  those  who  habitually  linger  around  retail  liquor 
stores  after  pay  day  are  quite  as  pronounced.  They  may  be  held  in  check,  some- 
times, by  municipal  restraint,  but  the  result  is  the  same. 

From  its  earliest  history  the  use  of  intoxicating  liquor  has  proven  harmful. 
demoralizing  and  disgusting,  in  its  general  results.  There  is  no  need  to  dwell 
on  the  suffering  of  widows  and  orphans,  or  even  to  recall  the  miserable  wrecks 
and  tragedies  which  come  to  one's  notice  during  the  course  of  an  ordinary  human 
life.  It  is  enough  to  know  that  there  is  no  place  in  the  employ  of  great  industries 
for  the  man  who  uses  intoxicating  liquors.  He  is  not  a  safe  man  in  any  official 
position,    and   business    interests    under   his    management    are    almost    certainly 


HISTORY  OF  NORTH  DAKOTA  179 

doomed  to  failure.  The  life  insurance  companies  reject  him  as  a  risk ;  he  is  looked 
upon  with  disfavor  in  society,  and  is  at  a  disadvantage  in  every  walk  of  life  that 
is  open  to  him.  ^laximilian,  in  his  account  of  the  great  smallpo.x  scourge,  speaks 
of  the  enervating  influence  of  ardent  spirits. 

m6rT.\LITY    among    the    INDIANS — THE   SCOURGE   OF    1837 

The  smallpox  scourge  of  1837,  whicli  was  variously  estimated  by  the  writers 
of  that  period  to  have  destroyed  from  60,000  to  150,000  Indians — the  true  figures 
from  later  information  being  about  seventeen  thousand — originated  from  a  case 
on  the  steamer  St.  Peter,  the  annual  laoat  of  the  American  Fur  Company,  on  its 
way  up  the  Missouri  to  Fort  Union  in  June  of  that  year.  Every  possible  means 
was  adopted  to  keep  the  Indians  away  from  the  boat,  but  knowing  that  it  was 
loaded  with  supplies  for  them,  they  were  certain  that  these  efforts  were  part  of 
a  plan  to  defraud.  At  Fort  Clark,  then  in  charge  of  Francois  A.  Chardon,  a 
Mandan  chief  stole  a  blanket  from  a  watchman  on  the  boat  who  was  dying  with 
the  disease,  and  though  offered  a  new  blanket  and  pardon  for  his  offense,  the 
infected  blanket  could  not  be  recovered  and  the  contagion  was  spread  by  this 
means. 

Jacob  Flalsey,  an  e.xtremely  dissipated  man,  who  was  in  charge  of  Fort 
Union,  and  was  returning  from  a  temporary  absence,  was  a  passenger  on  the 
boat,  and  although  he  had  been  vaccinated,  was  sick  with  the  disease  on  his 
arrival  at  Fort  Union.  One  of  his  clerks,  Edwin  T.  Denig,  and  an  Indian  also  had 
the  disease,  whereupon  it  was  determined  to  adopt  heroic  measures  for  defense, 
"and  have  it  all  over  with  in  time  for  the  fall  trade."  Accordingly,  thirty  squaws 
stopping  at  Fort  Union  were  vaccinated  with  the  real  smallpox  virus  from  the 
person  of  Halsey,  and  a  few  days  later  twenty-seven  of  them  were  stricken  with 
smallpox. 

Entire  Indian  villages  had  been  exposed  while  crowding  around  the  boat, 
and  Indians  from  the  boat,  or  who  had  visited  it,  went  to  the  Black  feet,  Assini- 
boine,  and  other  tribes,  and  when  the  epidemic  was  at  its  height,  the  Indians  came 
in  from  the  chase  for  the  fall  trade,  crowding  about  the  fort  in  spite  of  every 
effort  to  keep  them  away. 

The  contagion  began  to  spread  about  the  middle  of  June,  and  raged  as  long 
as  there  were  Indians  who  were  not  immune  to  attack.  The  victims  were  seized 
with  severe  pains  in  the  head  and  back,  and  death  resulted  generally  in  a  few 
hours,  the  disease  taking  its  most  malignant  form.  In  the  words  of  an  eye- 
witness of  the  scenes:  "In  whatever  direction  we  go,  we  see  nothing  but  melan- 
choly wrecks  of  human  life.  The  tents  are  still  standing  on  every  hill,  but  no 
rising  smoke  announces  the  presence  of  human  beings,  and  no  sounds  but  the 
croaking  of  the  raven,  and  the  howding  of  the  wolf,  interrupt  the  fearful  silence." 

Henry  Boiler,  who  was  eight  years  engaged  in  trade  on  the  ]\Iissouri  River, 
in  his  book  entitled  "Among  the  Indians,"  states  that  in  one  family  all  had  died 
save  one  babe,  and  as  there  was  no  one  to  care  for  that  it  was  placed  alive  in  the 
arms  of  its  dead  mother,  and,  wrapped  with  her  in  her  burial  robes,  laid  on  the 
scaffold,  the  Indian  method  of  burying  the  dead. 

Prince  Maximilian  is  quoted  as  writing  at  the  time  of  the  scourge :  "The 
destroying  angel  has  visited  the  unfortunate  sons  of  the  wilderness  with  terrors 


180  HISTORY  OF  NORTH  DAKOTA 

never  before  known,  and  has  converted  the  extensive  hunting-grounds,  as  well 
as  the  peaceful  settlements  of  these  tribes,  into  desolate  and  boundless  ceme- 
teries *  *  *  The  warlike  spirit  which  but  lately  animated  the  several  tribes, 
and  but  a  few  months  ago  gave  reason  to  apprehend  the  breaking  out  of  a  raging 
war,  is  broken.  The  mighty  warriors  are  now  the  prey  of  the  greedy  wolves, 
and  the  few  survivors,  in  utter  despair,  throw  themselves  upon  the  whites,  who, 
however,  can  do  little  for  them.  The  vast  preparations  for  the  protection  of  the 
frontier  are  superfluous;  another  hand  has  undertaken  the  defense  of  the  white 
inhabitants  of  the  frontier,  and  the  funeral  torch  that  lights  the  redman  to  his 
dreary  grave,  has  become  the  auspicious  star  of  the  advancing  settler  and  the 
roving  trader  of  the  white  race." 

In  the  translator's  preface  to  Maximilian's  "Travels  in  the  Interior  of  North 
America,"'  may  be  found  a  letter  from  the  prince,  dated  New  Orleans,  June  6, 
1838,  in  which  he  bears  corroborative  testimony  to  the  efforts  of  the  company's 
officers  to  retard  the  progress  of  the  plague.  He  says  that  the  smallpox  was  com- 
municated to  the  Indians  by  a  person  who  was  on  board  the  steamboat  which  ran 
up  the  previous  summer  to  the  mouth  of  the  Yellowstone  River,  to  carry  both  the 
Government  presents  and  the  goods  for  the  barter  trade  of  the  fur  dealers ;  and 
the  translator,  Hannibal  E.  Lloyd,  adds  that  it  was  the  American  Fur  Company's 
steamboat  St.  Peter  which  carried  the  annual  outfit  and  supplied  the  Missouri 
River  forts,  and  that  Larpenteur.  in  charge  of  Fort  Union,  says  the  vessel  arrived 
June  24,  1837 ;  that  the  officers  could  not  prevent  intercourse  between  the  Indians 
and  the  vessel,  although  they  exerted  themselves  to  the  utmost. 

The  smallpox  epidemic  was  the  direct  result  of  the  demoralizing  influence  of 
the  use  of  intoxicating  liquors.  There  was  neglect  on  the  boat  which  was  mak- 
ing its  way  into  the  heart  of  the  Indian  country,  and  criminal  disregard  of  danger, 
and  neglect  on  the  part  of  the  authorities  at  Fort  Union.  There  was  not  a  delib- 
erate purpose  to  murder  the  Indian  families  vaccinated  with  the  smallpox  virus, 
and  "have  it  over,"  but  the  result  would  have  been  the  same  had  that  been  the 
case.  Alfred  Cummings,  United  States  superintendent  of  Indian  affairs,  in 
reporting  the  result  of  investigations  on  his  trip  to  the  Upper  Missouri  tribes  in 
1855,  said  of  the  smallpox  scourge  of  1837 :  "Every  Indian  camp  from  the  Big 
Bend  of  the  Missouri  to  the  headwaters  of  the  Columbia  and  Puget  Sound  was 
a  scene  of  utter  despair.  To  save  families  from  the  torture  of  the  loathsome 
disease,  fathers  slew  their  children,  and  in  many  instances  inflicted  death  upon 
themselves  with  the  same  bloody  knife.  Maddened  by  their  fears,  they  rushed 
into  the  waters  for  relief,  and  many  perished  by  their  own  hands,  gibbeted  on  the 
trees  which  surrounded  their  lodges." 

With  reckless  abandon,  born  of  the  excessive  use  of  intoxicating  liquors  and 
of  ignorance,  the  Indians  took  no  precautions  against  the  disease,  which  was 
allowed  to  run  its  course.  Some  blamed  the  whites  for  introducing  it  and 
threatened  vengeance,  while  others  regarded  it  a  judgment  of  the  Great  Spirit 
for  their  warfare  upon  the  whites,  who,  they  then  realized,  were  their  true 
friends. 

The  Sioux  suffered  less  than  other  Indians,  for  the  reason  that  they  scattered, 
and  the  families  isolated  themselves  as  much  as  possible.  The  smallpox  again 
prevailed  among  the  Indians  in  1856,  but  to  a  much  less  alarming  extent. 


HISTORY  OF  NORTH  DAKOTA  181 

CHOLERA    IN    1845 

In  1845  cholera  prevailed  throughout  the  West,  on  the  Great  Lakes,  and  on  the 
Missouri  River  steamers,  and  to  some  extent  at  the  trading  posts,  and  in  Indian 
villages.  There  were  many  deaths  among  the  men  on  the  steamboats,  but  cholera 
cannot  abide  where  cleanliness  and  fresh  air  are  the  rule,  and  it  was  quickly 
stamped  out. 

A    COUNTRY    WITHOUT    LAWS 

A  lawless  condition,  as  has  been  said,  prevailed  on  the  Upper  Missouri  for 
forty  years,  from  its  occupation  by  the  American  fur  traders  in  1822  until  the 
organization  of  Dakota  Territory  in  1861.  There  was  nothing  to  restrain  the 
evil  propensities  of  men.  Theoretically,  the  laws  of  Louisiana,  Missouri,  Minne- 
sota, and  Nebraska  had  been  successively  extended  over  the  country,  but  there 
was  no  means  of  enforcement,  and  the  United  States  laws  governing  intercourse 
with  the  Indians  were  not  obeyed. 

Murders  were  the  frequent  results  of  envy,  jealousy,  hatred,  malice,  or  the 
excessive  use  of  intoxicating  liquors,  and  generally  speaking,  no  punishment  was 
attempted  beyond  an  occasional  reprisal.  The  condition  grew  from  bad  to 
worse  from  year  to  year  and  when  Fox,  Livingston  &  Company,  known  as  the 
"Union  Fur  Confederacy,"  retired,  in  1843,  ^^'^^Y  l^ft  fifty  or  more  lawless  charac- 
ters in  the  Indian  country.  Incidents  were  numerous  of  murders  from  one  cause 
or  another,  causing  but  a  passing  comment. 

MASSACRE   OF   THE   DESCHAMPS 

The  Deschamp  family  consisted  of  the  parents,  ten  children,  and  a  nephew. 
Francois  Deschamp,  Sr.,  was  accused  of  killing  Governor  Robert  Semple,  of  the 
Selkirk  Colony,  June  16,  1816,  as  related  in  Chapter  VH,  Part  I,  after  he  was 
wounded  by  Cuthbert  Grant ;  of  robbing  and  murdering  others  wounded  in  that 
affair;  of  having  twice  robbed  Fort  Union,  and  of  being  concerned  in  numerous 
other  crimes.  His  son,  Francois,  Jr.,  was  the  interpreter  at  Fort  Union,  and  had 
interfered  with  the  family  relations  of  Baptiste  Gardepe,  another  employee  of 
the  fort,  who  had  demanded  satisfaction  of  the  Deschamp  family,  and  they  had 
made  several  attempts  to  kill  him.  Finally  a  conspiracy  was  formed  at  Fort  Union 
to  kill  both  father  and  son,  and  in  accordance  with  the  arrangements,  Gardepe 
killed  the  elder  Deschamp  with  a  blow  from  a  rifle,  completing  the  murder  with 
a  knife,  while  the  young  man  was  merely  wounded.  This  was  in  July,  1833. 
There  were  then  about  seventy  men  at  Fort  Union,  and  a  number  of  half-blood 
families  at  Fort  William,  where  the  Deschamps  resided,  and  where  some  of  the 
men  from  Fort  Union  lived ;  Fort  William  having  been  abandoned  by  the 
opposition  company. 

During  a  carousal  following  the  departure  of  the  annual  boat  June  28,  1836,. 
Madame  Deschamp  aroused  the  vengeance  of  her  sons  by  the  taunt  that  if  they 
were  men,  they  would  avenge  the  death  of  their  father,  whereupon  they  killed 
Jack  Rem,  whose  family  hurried  to  Fort  Union,  and  a  party  was  raised  and  sup- 
plied with  arms  by  McKenzie,  who  surrounded  the  Deschamp  house,  and  finally- 


182  HISTORY  OF  NORTH  DAKOTA 

set  it  on  fire.  Before  the  affair  ended  they  had  killed  the  mother  and  other 
members  of  the  family,  in  all  eight  at  this  time,  and  one,  a  child  of  ten,  died  the 
next  day  from  wounds.  One  of  the  assaulting  party,  Joseph  Vivier,  was  killed, 
and  one  wounded. 

OTHER  -.LAWLESS    ACTS 

•s 

A  good-looking  young  fellow  at  Fort  Union,  Augustin  Bourbonnais,  made 
advances  to  the  Indian  wife  of  Kenneth  McKenzie,  who  directed  John  Brasseau, 
the  undertaker — ready  to  undertake  any  job.  ranging  from  the  burial  of  the  dead 
to  furnishing  the  victim — to  shoot  him. 

Bourbonnais,  having  been  forced  out  of  the  fort,  was  lying  in  wait  outside, 
threatening  to  shoot  McKenzie  at  sight;  instead,  he,  himself,  was  shot  by  Bras- 
seau, but  not  fatally,  though  laid  up  nearly  a  year  from  his  wound. 

Christmas,  1838,  the  hunter  at  Fort  Union  was  killed  and  thrown  into  the  fire 
by  two  of  his  co-employees,  who  were  tried  by  the  drum-head  court-martial 
which  regulated  the  affairs  of  the  fort,  found  guilty,  and  sentenced  to  be  hanged. 
The  court,  however,  being  in  doubt  as  to  its  authority  to  carry  out  the  sentence, 
it  was  commuted  to  thirty-nine  lashes,  and  when  John  Brasseau  showed  a  dispo- 
sition to  put  too  much  vigor  into  the  whipping,  the  Court  would  say :  "Moderate, 
John,  moderate."  Two  men  were  caught  stealing  horses  belonging  to  the  fort, 
and  there  was  then  no  moderation.     Brasseau  brought  the  blood  at  every  stroke. 

It  was  freely  charged  that  McKenzie  was  directly  responsible  for  the  attack 
by  the  Crows  upon  the  outfit  of  Thomas  Fitzpatrick  in  1833.  They  ran  off' 
150  horses,  looted  the  camp  of  $20,000  worth  of  furs,  equipments  and  mer- 
chandise ;  some  of  the  furs,  plainly  marked,  being  sold  to  McKenzie,  who 
refused  to  give  them  up  unless  paid  what  they  had  cost  him. 

Narcisse  Le  Clerc  was  proceeding  up  the  river  to  engage  in  trade  on  his  own 
account.  A  shot  across  the  bows  stopped  his  boat,  and  the  American  Fur  Com- 
pany took  possession  of  boat  and  cargo.  Le  Clerc  sued  the  company  in  the 
United  States  Court  at  St.  Louis,  secured  judgment  against  the  company,  and 
McKenzie's  outfit  was  charged  $9,200  for  their  "unreasonable  restraint  of 
trade." 

In  1843,  W.  P.  May,  a  Rocky  Mountain  trader,  came  down  the  Yellowstone 
with  his  winter  catch  of  furs  and  proceeded  down  the  Missouri  in  a  boat  built 
for  the  purpose.  He  was  fired  on  by  some  of  the  Fox,  Livingston  &  Co. 
desperadoes  and  his  boat  and  cargo  seized. 

Fort  Clark  became  headquarters  for  thieves  and  other  criminals  of  the  Upper 
Missouri,  who  committed  depredations  upon  the  Sioux,  dressed  as  Arikaras, 
and  upon  the  latter  dressed  as  Sioux.  Nor  did  they  confine  their  attentions  to 
the  Indians  entirely,  but  held  up  and  robbed  white  trappers  and  others  when 
opportunity  offered.  There  has  been  a  story  current  on  the  frontier  since  those 
times  that  a  party  of  seven  miners,  proceeding  down  the  river  from  Montana, 
were  waylaid  by  Indians — or  whites  garbed  as  Indians — and  robbed  of  $30,000  at 
a  point  a  short  distance  below  Fort  Clark,  and  that  the  trader  at  Fort  Clark  got 
the  gold  in  the  "course  of  business." 

On  the  way  down  the  river  from  the  Upper  Missouri,  returning  from  his 
investigation  in  1855,  Alfred  Cummings,  United  States  Superintendent  of  Indian 


HISTORY  OF  NORTH  DAKOTA  183 

Affairs,  stopped  at  Fort  Clark  and  lost  seven  mules,  stolen  from  his  outfit  during 
the  few  hours  he  was  there. 

These  are  only  samples  of  the  numerous  outrages  of  that  period  by  whites 
on  the  Upper  Missouri. 

OUTRAGES    UY    INDIANS 

In  view  of  the  outrages  by  whites  against  each  other  there  is  little  room  to 
criticize  the  perpetration  of  Indian  outrages  against  the  whites.  Up  to  1833  the 
whites  at  Fort  Union  hunted  at  will  throughout  that  region,  but  later  there  was 
scarcely  a  boat  or  mackinaw,  passing  down  the  river,  that  was  not  fired  on  by  the 
Indians.  They  would  attack  the  men  at  the  wood  yards  and  in  the  hay  fields  and 
timber  camps.  Stock  was  run  off  within  200  yards  of  Fort  Union,  and  the 
tribes  were  constantly  at  war  with  each  other. 

THE  WILD  BONAPARTE  OF  THE  PRAIRIES 

Among  the  Assiniboines  was  a  chief  of  renown  named  Tahatka,  or  Gauche, 
described  by  Father  De  Smet  as  "a  crafty,  cruel,  deceitful  man,  a  bad  Indian  in 
every  sense  of  the  word ;  his  life  was  full  of  horrors."  Gauche  led  his  tribe  for 
forty  years,  and  was  one  of  the  parties,  as  stated,  to  the  McKenzie  treaty  of  peace 
at  Fort  Union.  He  was  sometimes  called  "Neenah-yau-henne,"  the  "man-who- 
holds-the-knife,"  with  which  it  was  said  he  could  cut  a  rock  in  two,  owing  to  the 
strong  "medicine,"  or  supernatural  powers,  with  which  he  was  believed  to  be 
endowed.  By  the  whites  he  was  sometimes  called  the  "Wild  Bonaparte  of  the 
Prairies."  He  had  no  difficulty  in  raising  a  large  band  of  warriors  whenever 
he  elected  to  go  on  the  war  path  against  other  tribes. 

It  is  related  that  he  raised  a  large  party  to  attack  the  Blackfeet,  on  the  occa- 
sion of  their  return  from  one  of  their  annual  trips  to  the  fort  for  the  purpose 
of  trade.  An  examination  of  their  trail  revealed  to  him  that  they  were  rich  in 
horses,  and  well  supplied  with  intoxicating  liquor,  and  he  reasoned  that  the 
follovi'ing  night  would  be  given  over  to  carousal,  so  he  selected  as  the  psychologi- 
cal moment  for  attack  the  hour  of  stupor,  early  in  the  morning  after  their 
debauch.  His  deductions  turned  out  to  be  correct,  and  finding  them  utterly 
unable  to  defend  themselves  he  captured  300  horses,  killed  and  scalped  a  large 
number  of  men,  women  and  children,  and  followed  up  the  victory  by  the  usual 
celebration. 

One  member  of  his  party  had  remained  at  Fort  Union,  and  the  Blackfeet, 
hearing  of  his  presence  at  the  fort,  sent  word  to  him  that  they  were  hunting  for 
the  Assiniboines  for  the  purpose  of  making  peace  with  them  and  invited  him 
to  accompany  them,  but  he  was  reluctant  to  go.  Finally  they  sent  a  horse,  fully 
equipped,  which  was  to  be  his  if  he  would  go  with  them.  This  his  cupidity  led 
him  to  accept,  and  in  the  act  of  mounting  he  was  riddled  with  bullets  within 
200  yards  of  Fort  Union. 

BEAR  RIP.  SUFFERS  THE  PENALTY 

As  time  passed  the  Indians  on  the  Upper  Missouri  became  more  and  more 
troublesome,  and  more  determined  to  drive  the  whites  from  the  country,  refusing 


184  HISTORY  OF  NORTH  DAKOTA 

their  annuities  and  regarding  as  traitors  those  who  accepted  presents,  lest  it 
might  in  some  manner  involve  the  loss  of  their  homes.  United  States  officers 
who  came  to  them  bearing  gifts  were  no  longer  looked  upon  with  favor.  Bear 
Rib  was  prevailed  upon  to  receipt  for  the  goods  for  his  tribe,  and  October  8,  1862, 
Governor  William  Jayne  reported  his  death.  The  Indian  penalty  for  treason  is 
death.  Bear  Rib  knew  this,  of  course,  but  his  cupidity  was  stronger  than  his 
loyalty  to  the  traditions  of  his  tribe,  and  he  paid  the  forfeit  with  his  life.  Civil 
government  had  been  inaugurated  in  Dakota ;  its  settlement  under  the  free  home- 
stead law  of  May  20th  of  that  year  having  commenced,  and  the  Indian  outbreak, 
fully  described  in  another  chapter,  was  in  progress,  but  preceding  that  story 
is  much  of  interest  yet  to  be  told. 

Dr.  Washington  Mathews,  who  served  some  years  as  medical  officer  at  Fort 
Berthold  and  at  Fort  Stevenson,  wrote,  in  a  personal  letter  to  Dr.  Elliott  Coues, 
editor  of  Charles  Larpenteur's  Journal,  as  follows: 

"The  Hidatsa  moved  up  the  Missouri  from  their  old  villages  on  Knife  River 
to  the  blufifs  on  which  Fort  Berthold  was  afterwards  built  in  1845.  The  Mandans 
followed  soon  after,  and  the  Arikaras  joined  them  in  1862. 

"Soon  after  the  Hidatsa  moved  up,  in  1845,  the  American  Fur  Company 
began,  with  the  assistance  of  the  Indians,  to  build  a  stockaded  post  which  they 
called  Fort  'Berthold,'  in  honor  of  a  certain  person  of  that  name  (Bartholomew 
Berthold)  of  St.  Louis.  This  was  built  on  the  extreme  southern  edge  of  the 
blulif,  on  land  which  has  since  been  mostly,  if  not  entirely,  cut  away  by  the  river. 

'Tn  1859,  an  opposition  trading  company  erected,  close  to  the  Indian  village 
(but  east  of  it  and  farther  away  from  the  river  than  Fort  Berthold),  some  build- 
ings, protected  by  a  stockade  and  bastions,  which  they  named  Fort  Atkinson  (the 
second  of  that  name). 

"This  was  the  fort  at  which  Boiler  (author  of  'Among  the  Indians')  had 
his  trading  post.  In  1862  opposition  ceased  and  the  American  Fur  Company 
obtained  possession  of  Fort  Atkinson,  which  they  occupied,  transferring  to  it  the 
name  of  Fort  Berthold.  They  abandoned  the  old  stockade,  which  was  afterward 
(December  24,  1862)  almost  entirely  destroyed  by  a  war  party  of  Sioux. 

"This  was  a  memorable  Christmas  eve  in  the  annals  of  Fort  Berthold.  The 
Sioux  came  very  near  capturing  the  post,  but  the  little  citizen  garrison  defended  it 
bravely,  and  at  length  the  Sioux  withdrew.  *  *  *  xhe  first  (I  think)  mili- 
tary occupancy  of  the  fort  was  in  1864,  when  Gen.  Alfred  Sully  assigned  a  com- 
pany of  Iowa  cavalry  to  duty  there  under  command  of  Capt.  A.  B.  Moreland. 

"In  the  spring  of  1865  this  company  was  relieved  by  one  of  the  First  United 
States  Volunteer  Infantry  (ex-Confederate  prisoners)  under  command  of  Capt. 
R.  R.  Dimon.  In  the  same  year  Captain  Dimon's  company  was  relieved  by  one 
of  the  Fourth  United  States  Volunteer  Infantry,  commanded  by  Capt.  Adams 
Bassett.  In  1862  Fort  Berthold  received  the  traders  from  Fort  Clark,  leaving 
that  fort  in  the  possession  of  the  Arikaras. 

"In  the  spring  of  1866  regular  troops  came  into  the  country,  and  a  company 
of  the  Thirteenth  Infantry,  commanded  by  Capt.  Nathan  Ward  Osborn  (colonel 
Fifteenth  Infantry,  August  5,  1888,  now  deceased),  succeeded  the  volunteers. 

"When  the  troops  first  moved  in  the  traders  were  obliged  to  move  out  and 


HISTORY  OF  NORTH  DAKOTA  185 

built  quarters   for  themselves   outside.     After  the   troops   were   withdrawn   the 
traders  returned  for  a  short  time  and  then  made  way  for  the  Indian  agency." 

The  United  States  troops  were  withdrawn  from  Fort  Berthold  when  the  con- 
struction of  Fort  Stevenson  was  begun  in  1867.  Fort  Stevenson  was  abandoned 
in  1883,  and  the  reservation  was  sold  at  private  sale  to  a  syndicate  from  Cincin- 
nati represented  by  Hon.  L.  C.  Black. 


CHAPTER  XIII 
LXCLUDIXG  THE  SIOUX  -MASSACRE  OF  1862 

PRIMEVAL     INGRAFTING     OF     MAN's      INHUMANITY     TO      MAN INDIAN      WARS 

TREATIES    OF    1837    AND    1851  TRADERS    AND    THEIR    ACCOUNTS THE    SIOUX 

MASSACRE    OF    l862' — ORIGIN    AND    EXTENT    OF    THE    TROUBLE FACTS    GLEANED 

FROM    OFFICIAL    RECORDS SCENES    AND    INCIDENTS    RELATED    BY    TONGUE    AND 

PEN    OF    PARTICIPANTS    IN    THE    WAR ATROCITIES    OF    INDIAN    WARFARE — COST 

TO  INDIANS  AND  SETTLERS. 

"And  I  have  seen  his  brow. 
The  forehead  of  my  upright  one,  and  just, 
Trod  by  the  hoof  of  battle  to  the  dust. 

****** 

Ay,  my  own  boy !    thy  sire 
Is  with  the  sleepers  of  the  valley  cast. 
And  the  proud  glory  of  my  life  hath  past, 

With  his   high   glance  of   fire. 
Woe !    that  the  linden  and  the  vine  should  bloom 
And  a  just  man  be  gathered  to  the  tomb!  " 

— Nathaniel  P.  Willis,  The  Soldier's  Widow. 

In  1520,  the  Spanish  carried  away  large  numbers  of  the  inhabitants  from 
the  islands  of  the  West  Indies  and  the  Carolinas,  and  sold  them  for  slaves :  com- 
mitting outrages,  outranking  in  studied  and  fiendish  cruelty  anything  ever  charged 
to  American  Indians. 

De  Soto  came  with  bloodhounds  to  run  down,  and  handcuffs,  shackles  and 
chains  to  bind,  American  Indians  it  was  his  purpose  to  enslave.  It  is  not  too 
much  to  say  that  Christian  monarchs  encouraged  exploration  in  the  search  of 
new  worlds,  and  to  exploit  and  to  hold  as  vassals  or  slaves  the  conquered  people. 
From  Africa,  40.000,000  people  were  stolen,  kidnapped  or  purchased  from 
warring  tribes,  before  the  slave  trade  was  abolished  and  the  tide  of  public 
sentiment  turned  in  humanity's  favor. 

In  the  Carolinas,  Indians  made  captive  in  their  raids  upon  the  setlements,  or 
in  the  punitive  expeditions  sent  against  them  because  of  such  raids,  were  enslaved 
under  authority  of  laws  enacted  for  the  protection  of  the  settlements,  until  the 
Indian  and  negro  slaves  outnumbered  the  inhabitants  and  became  a  menace. 

The  first  outbreak  in  Virginia  and  the  first  encounter  in  New  England  were 
based  on  the  terror  and  dread  of  the  white  men  from  previous  outrages  com- 
mitted in  Florida  and  on  the  Labrador  Coast. 

In  the  Virginia  uprising,  March  22,  1622,  the  Indians  partook  of  food  in 
the  morning  from  the  tables  of  colonists  whoin  they  intended  to  slaughter  at 
noon,  and  in  the  first  surprise  347  colonists  were  killed,  and  in  the  warfare  which 

186 


HISTORY  OF  NORTH  DAKOTA  187 

followed  the  eighty  plantations  in  \'irginia  were  rdduced  to  eight,  Jamestown 
and  two  others  escaping  through  warning  given  by  a  Christian  Indian,  and  the 
4,000  settlers  were  reduced  to  2,000,  while  the  Indian  tribes  engaged  were  nearly 
destroyed.  The  colonists  were  restrained  by  law  from  making  peace  on  any 
terms,  and  each  year  sent  three  expeditions  against  them  to  prevent  them  from 
planting  crops  in  the  spring,  or  harvesting  should  any  be  raised,  and  to  destroy 
their  homes  should  any  be  rebuilt.  In  1636  a  peace  was  arranged,  but  not  of  long 
duration. 

April  18,  1644,  Opechancanough,  brother  and  successor  of  Powhatan,  respon- 
sible for  the  massacre  of  1622,  again  attacked  the  \'irginia  colonists,  killing  300 
in  a  few  hours,  when,  realizing  their  own  helpless  condition,  they  fled.  Opechan- 
canough, made  captive,  was  treacherously  shot  by  his  guard,  whose  family  had 
suffered  in  the  uprising,  and  dying  of  his  wounds  the  Powhatan  confederacy  was 
ended,  and  now  no  tongue  speaks  the  dialect  of  the  tribe  of  Powhatan. 

Then  came  the  war  of  extermination  by  the  Pequots,  a  powerful  tribe  of 
4,000  warriors  in  the  Connecticut  ^'alley,  in  1637,  and  then  the  King  Philip's 
War  of  the  Plymouth  Colony,  inaugurated  July  20,  1675,  and  the  Swamp  tight 
of  the  following  autumn,  all  of  which  are  treated  in  detail  in  other  parts  of  this 
volume.  In  1621  the  servants  of  a  Dutch  director  murdered  a  Raritan  war- 
rior on  the  west  shore  of  the  Hudson  near  Staten  Island.  August  28,  1641, 
a  nephew  of  the  murdered  warrior  of  the  Raritans,  to  avenge  the  death  of  his 
uncle  twenty  years  before,  killed  an  old  man  of  the  Dutch  Colony.  In  January, 
1642,  steps  were  taken  toward  punishing  the  Raritans  for  the  later  murder.  The 
first  demand  for  the  offender  was  refused,  the  Indians  holding  that  he  did  no  , 
wrong  in  avenging  the  death  of  his  uncle,  but  they  finally  agreed  to  the  surrender. 
While  these  negotiations  were  pending,  a  Hackensack  Indian  was  made  drunk 
and  was  beaten  and  robbed,  and  to  avenge  his  wrongs  killed  two  of  the  Dutch 
Colony. 

The  Hackensacks  had  been  attacked  by  the  Mohawks  and  fled  to  the  Dutch 
Colony  for  protection.  Pity  was  shown  them  and  they  were  supplied  with  food 
and  finally  scattered,  some  going  to  the  Raritans.  Some  of  the  Dutch  decided 
that  then  was  the  time  to  avenge  the  three  murders  and  other  alleged  outrages, 
and  attacked  them  March  i,  1642,  under  the  leadership  of  an  "ex- West  India 
convict,"  killing  eighty  men,  women  and  children.  Babes  were  snatched  from' 
the  care  of  mothers  and  thrown  into  the  river,  and  when  the  mothers  jumped 
into  the  stream  to  rescue  them  they  were  prevented  from  landing. 

Eleven  petty  tribes  joined  the  outraged  tribes,  followed  later  by  eight  other 
tribes,  and  a  long  and  disastrous  war  resulted.  The  homes  of  the  colonists  were 
burned,  their  animals  slaughtered,  the  men  killed  and  the  women  and  children 
made  captive;  in  this  displaying  a  larger  degree  of  humanity  than  the  Dutch 
aggressors,  who  had  found  profit  in  selling  them  fire-arms  and  teaching  their 
use.  The  attack  was  made  after  the  tribe  had  offered  to  surrender  the  murderer 
and  pay  a  suitable  indemnity. 

In  the  massacre  at  Fort  William  Henry  in  July,  1757,  the  English  defenders 
had  surrendered  after  a  six  days'  siege,  and  were  marching  out  unarmed,— 
accompanied  by  refugees  returning  to  the  British  lines  or  their  homes  under  the 
terms  of  their  surrender, — assured  of  full  protection,  when  about  a  mile  from 
the    fort   the   Indian   allies,   promised   opportunity   for   plunder  as   the   price   of 


188  HISTORY  OF  NORTH  DAKOTA 

co-operation,  fell  upon  them  and  slaughtered  several  hundred  men,  women  and 
children  before  the  French  were  able  to  restrain  them. 

The  Wyoming  massacre,  near  Wilkesbarre,  Pa.,  occurred  July  3,  1778.  The 
attack  upon  Fort  Forty  where  about  400  old  men,  women,  and  children  had 
gathered,  mainly  for  refuge,  was  made  by  400  British  and  Tories  and  700 
Indians.  About  200  of  the  defenders  were  killed, — massacred  principally  by  the 
Indians  under  every  circumstance  usually  accompanying  Indian  warfare.  Queen 
Esther,  a  half-blood,  to  avenge  the  death  of  her  son,  tomahawked  fourteen 
wounded.  On  the  5th  the  fort  surrendered,  when  the  Indians,  throwing  olT  all 
restraint,  swept  through  the  Wyoming  Valley,  burning,  torturing  and  killing. 
The  total  number  killed  is  conservatively  placed  at  three  hundred. 

The  Sioux  allies  in  Colonel  Leavenworth's  expedition  against  the  Arikaras 
(1823)  we  have  seen  made  the  same  demand,  and  they  engaged  in  the  opening 
attack  with  great  zeal,  but  when  it  became  apparent  that  they  would  not  be 
permitted  to  destroy  and  kill  a  conquered  people,  "subsequent  proceedings  inter- 
ested them  no  more,"  and  they  withdrew  completely  disgusted  with  the  ways  of 
"civilized  warfare." 

THE   SIOUX    MASS.\CRE   OF    1862 

The  settlement  of  Dakota  was  retarded  by  the  Sioux  massacre  of  1862. 
While  it  fell  with  greatest  force  on  the  frontier  settlers  of  Minnesota,  it  extended 
to  Dakota,  thirty-two  settlers  within  the  limits  of  North  Dakota  having  been 
killed  during  the  uprising,  and  many  others  driven  away  never  to  return.  Fort 
Abercrombie  was  besieged  and  in  the  campaign  which  followed  several  important 
battles  were  fought  on  North  Dakota  soil.  The  friendly  Wahpetons  and  Sissetons, 
many  of  whom  jeopardized  their  lives  to  protect  the  captives  taken  by  the  hostiles, 
camping  near  them  and  threatening  them  with  a  counter  war  if  harm  came  to 
them,  were  granted  reservations  in  Dakota,  and  their  descendents  have  become 
worthy  citizens  of  the  state,  engaged  in  various  lines  of  business. 

The  facts  have  been  gathered  for  this  work  from  many  sources ;  from  the 
report  of  Thomas  J-  Galbraith,  then  agent  of  the  Sioux;  from  the  story  of  the 
escape  of  the  missionaries  by  Rev.  Stephen  R.  Riggs,  thirty-five  of  his  colony 
having  been  conducted  to  safety  by  friendly  Indians ;  from  the  Reminiscences 
of  Samuel  J.  Brown,  who  with  his  mother  and  other  members  of  his  family 
were  captives  in  the  hands  of  the  Sioux  from  the  beginning  until  the  close  of 
the  uprising ;  from  "Recollections  of  the  Sioux  Massacre  of  1862"  by  Oscar 
Garrett  Wall,  who  was  one  of  the  defenders  of  Fort  Ridgeley  and  a  participant 
in  the  campaign  which  followed  and  in  the  battles  fought  on  North  Dakota 
soil;  from  officers  and  soldiers  who  participated  in  the  campaign;  from  citizens 
who  suffered  in  body,  mind  and  estate,  and  from  an  examination  of  official 
records. 

THE  TREATY  OF    1837 

Under  the  treaty  of  1837,  the  Sioux  ceded  all  of  their  lands  east  of  the 
Mississippi,  and  all  of  their  islands  in  said  river,  to  the  United  States.  They 
were  to  receive  $300,000  to  be  invested  for  their  benefit  at  5  per  cent  interest ; 
$110,000  to  pay  to  the  relatives  and  friends  of  the  Sioux  having  not  less  than 


'^SS' 


SPOTTED  TAIL, 
Government  chief  of  Sioux  tribes,  1868 


HISTORY  OF  NORTH  DAKOTA  189 

one-fourth  blood ;  $90,000  for  the  payment  of  the  just  debts  of  the  Sioux  Indians 
interested  in  the  lands ;  an  annuity  of  $10,000  in  goods  to  be  distributed  among 
them ;  and  to.  continue  for  twenty  years ;  $8,250  annually  for  twenty  years  for 
the  purchase  of  medicines,  agricultural  implements  and  stock,  and  for  the 
support  of  a  physician,  farmer  and  blacksmith ;  $10,000  for  tools,  cattle  and 
other  useful  articles  to  be  purchased  as  soon  as  practicable;  $5,500  annually 
for  twenty  years  for  provisions,  and  $6,000  in  goods  to  be  delivered  to  the 
chiefs  and  braves  signing  the  treaty  upon  their  return  to  St.  Louis. 

Fifteen  annual  payments  had  been  made  under  this  treaty  when  the  treaty  of 
1 85 1  was  signed. 

THE  TREATY   OF    1 85  I 

Under  the  treaty  of  1851,  the  Sioux  ceded  all  lands  owned  by  them  in  Iowa 
and  Minnesota,  for  which  they  were  to  receive  $3,303,000,  of  which  $2,748,000 
was  to  be  permanently  invested  for  their  benefit,  the  Government  paying  thereon 
5  per  cent  interest  for  a  period  of  fifty  years.  The  interest  was  to  be  applied 
annually  under  the  direction  of  the  President  of  the  United  States  for  agricultural 
improvement  and  civilization,  for  educational  purposes,  for  the  purchase  of 
goods  and  provisions,  known  as  their  annuities,  and  for  an  annuity  in  money 
amounting  to  $7 1 ,000. 

The  appropriation  for  the  fulfillment  of  the  treaty  of  1851,  covered  these 
several  amounts  and  the  sum  of  $495,000  to  enable  them  to  settle  their  affairs 
and  pay  their  just  debts,  and  the  expense  of  their  removal  to  other  lands,  and  for 
their  subsistence  for  one  year  after  reaching  their  new  home.  The  appropriation 
also  provided  for  the  sixteenth  payment  under  the  treaty  of  1837. 

THE  CL.MMS  OF  THE  TRADERS 

It  was  the  custom  of  the  traders  to  make  advances  to  the  Indians  in  the  way 
of  arms  and  ammunition  for  their  hunting  expeditions,  for  blankets  and  clothing 
and  other  necessary  articles,  to  be  paid  for  on  their  return  from  the  hunt.  The 
Indians  had  been  thus  accommodated  not  only  by  the  licensed  traders  but  by 
those  trading  with  them  without  authority,  and  there  were  large  sums  claimed 
to  be  due  from  the  Indians  including  balances  running  back  to  the  treaty  of 
1837.  Some  were  due  from  deceased  Indians  and  other  sums  from  dishonest 
ones,  who  had  defrauded  the  traders  or  attempted  to  do  so.  A  portion  was 
for  supplies  furnished  them  as  a  tribe,  for  cattle,  etc. 

The  traders  who  received  the  benefits  of  the  Traverse  de  Sioux  treaty  were 

Bailey    &   Dousman $  15,000 

N.  W.  Kittson 2,850 

Gabrielle   Renville    621 

S.  R.  Riggs  for  American  Board 800 

P.   Prescott    1 .334 

Franklin    Steele    3.250 

Henry   H.    Sibley 66,459 

Joseph    R.    Brown 6,564 


190  HISTORY  OF  NORTH  DAKOTA 

Joseph  Provincelle    10,066 

Joseph  Renville,  Sr.,  Estate i7,S40 

J.   B.   Faribault 22,500 

Alexander   Faribault    13,500 

Joseph  Laframbois   11 .300 

R.   Fresnier    2,300 

Martin  McLeod    19,046 

Lewis  Roberts 7,490 

William    Hartshorne    530 

Francis   Labatte    500 

J.  H.  Lockwood    500 

Henry  Jackson    .  .  .  ." 350 

Hazen   Mores    1,000 

R.    i\IcKenzie    3.500 

W.  H.  Forbes   1,000 

Total $210,000 

The  aggregate  amount  of  these  claims,  as  originally  presented  was  $431,735.78- 
The  money  was  paid  to  Hugh  Tyler,  as  attorney  for  these  parties,  for  settlement 
in  full,  as  above. 

The  claims  against  the  Wa-pa-koo-ta  band  were  as  follows : 

Alexander    Faribault $  42,000 

Henry  H.  Sibley 31,500 

Duncan  Campbell   500 

James   Wells    1,000 

Augustine    Root    i  ,000 

Alexis    Bailey    9,000 

H.  L.  Dousman 4,000 

Philander  Prescott   1,000 

Total   $90,000 

The  money  was  paid  for  these  parties  to  General  H.  H.  Sibley. 
The  claims  against  the   Med-a-wa-kan-toan  band,  as  filed  under  oath   with 
Governor  Ramsey,  were  as  follows : 

H.    H.    Sibley $  37,722.07 

McBoal   &   Odell 639.93 

Alexis    Bailey    20,108.00 

James  Wells    15,000.00 

Frs.   Labatte    5,000.00 

Philander  Prescott   1,182.10 

Alexis    Faribault    9,000.00 

J.  B.  Faribault   13,000.00 

Joseph  Buisson   2,000.00 

Franklin   Steele    7,000.00 


HISTORY  OF  NORTH  DAKOTA  191 

Henry  G.  Bailey 483.00 

Estate  of  O.  Faribault   2,000.00 

Joseph  J.  Frazer 5,000.00 

Augustine   Rock    5,000.00 

Joseph    Renville    estate 2,000.00 

W.  G.  &  G.  W.  Ewing 3,750.00 


$128,885.10 


These  claims  were  settled  in  full  acquittance  for  the  sum  of  $70,000,  paid 
Hugh  Tyler  as  attorney  for  the  parties  named. 

The  claims  presented  by  H.  H.  Sibley  were  for  and  on  behalf  of  the  American 
Fur  Company.     There  was  also  paid  to  the  half  blood  Indians  $65,000. 

Congress  provided  that  no  portion  of  the  money  appropriated  should  be  paid 
to  attorneys,  and  yet  there  was  paid  to  Hugh  Tyler  the  sum  of  $55,250  for 
"discount  and  percentage.''  Ostensibly  the  payment  was  made  by  the  half-bloods 
and  traders  from  the  sums  awarded  them,  but  there  was  a  feeling  among  the 
Indians  that  this  money  had  been  wrongfully  taken  from  them,  Tyler  came 
among  them  as  a  special  agent  of  the  Interior  Department,  and  disbursing  agent 
accompanying  the  commission  which  made  the  treaty,  paying  the  expenses  of 
entertaining  the  Indians  on  the  occasion,  giving  him  the  acquaintance  necessary  to 
enable  him  to  make  his  claim  for  the  share  on  account  of  alleged  services 
rendered. 

The  Indians  were  not  satisfied  with  the  settlements  made  under  this  treaty; 
they  could  not  understand  why  the  tribe  should  pay  individual  debts  or  losses 
incurred  in  dealing  with  deceased  or  dishonest  Indians.  They  generally  denied 
that  the  tribe  owed  anything  and  insisted  that  if  there  was  money  due  from  them 
they  should  be  permitted  to  settle  their  own  debts,  and  that  they  should  be  paid 
the  money  their  due  under  the  treaty.  They  felt  that  they  had  been  deprived 
of  their  land  and  were  being  defrauded  of  the  money  they  were  to  receive  for  it. 

The  Indian  acknowledgment  of  full  payment  for  the  fulfillment  of  the  treaty, 
so  far  as  it  related  to  these  large  sums,  was  signed  by  twelve  chiefs  and  head 
men  of  the  tribe,  some  of  whom  the  Indians  were  not  satisfied  to  regard  as 
such,  while  those  who  had  opposed  the  settlement  of  course  did  not  sign.  The 
payment  was  witnessed  by  Thomas  Foster,  John  C.  Kelton,  U.  S.  A.,  Charles  D. 
Fillmore  and  W.  H.  Forbes.  It  was  made  by  Governor  Alexander  Ramsey,  of 
Minnesota,  ex-ofificio  Superintendent  of  Indian  AiTairs  in  that  territory.  The 
U.  S.  Senate  after  full  investigation  by  a  committee,  appointed  under  its  authority, 
accepted  Governor  Ramsey's  accounts  and  authorized  their  settlement.  The 
evidence  on  which  the  Senate  acted  may  be  found  in  Senate  document  No.  6, 
first  session  33d  Congress,  and  Senate  document  No.  131,  same  session. 

THE  TREATY  PAYMENT  FOR   1862 

It  has  been  charged  that  the  treaty  payment  for  1862,  which  was  the  imme- 
diate cause  of  the  outbreak,  had  been  delayed  through  the  manipulation  of 
dishonest  agents  in  collusion  with  others :  that  an  attempt  had  been  made  to 
force  the  Indians  to  accept  currency,  then  sadly  depreciated,  and  that  a  delay 


192  HISTORY  OF  NORTH  DAKOTA 

followed   while  the   currency   was  being   reconverted   into  gold.     But   this   was 
not  true. 

The  annual  appropriation  for  1862  was  $150,000.  While  it  should  have  been 
available  July  ist,  it  was  not  made  until  July  5th,  and  then  a  question  arose  as  to 
whether  it  should  be  paid  in  coin  or  currency.  Upon  full  examination  it  was 
decided  by  Salmon  P.  Chase,  U.  S.  Secretary  of  the  Treasury,  that  it  must  be 
paid  in  coin.  It  was  in  the  nature  of  interest  on  the  public  debts,  and  it  was  the 
policy  of  the  Government  to  so  pay  the  interest  in  order  to  protect  its  credit; 
the  life  of  the  nation  depended  upon  it.  The  soldiers  were  being  paid  in  a 
depreciated  currency,  those  who  furnished  supplies  and  munitions  of  war  were 
so  paid,  but  the  debt  to  the  Indians  it  was  held  must  be  paid  in  coin.  The 
requisition  of  the  Indian  Office  for  the  money  was  made  July  25th,  and  in  due 
time  the  money  was  sent  from  the  U.  S.  Mint,  and  reached  Fort  Ridgeley  on  the 
evening  of  the  outbreak.  The  amount  so  sent  was  $71,000,  that  being  the  amount 
alloted  for  annuities.  There  were  also  annuity  goods  in  the  warehouse  on  the 
reservation,  which  it  was  the  intention  to  distribute  at  the  time  of  the  payment 
of  the  money  annuities. 

UNE.\SINESS  PRECEEDING  THE  OUTBREAK 

The  Civil  war  was  in  its  second  year.  President  Lincoln  had  called  for 
300,000  more  volunteers,  and  among  the  settlers  on  the  frontier  who  had  enlisted, 
were  the  Renville  Rangers  from  the  immediate  vicinity  of  the  Indian  agencies. 
The  war  spirit  was  at  work,  animating  the  red  men  as  well  as  the  whites.  It  was 
rumored  among  the  Indians  that  the  negroes  had  taken  Washington  and  that 
all  of  the  white  men  had  gone  to  war,  leaving  only  old  men.  women  and  children, 
and  that  the  Government  was  using  their  money  for  the  war,  and  to  take  care 
of  the  negroes.  War  was  an  ever  present  topic  of  conversation  and  troubled 
them  in  their  dreams.  Little  Crow  stated  that  whenever  he  looked  to  the  south- 
ward he  could  see  the  smoke  of  battle,  and  hear  the  war  whoop  of  the  white 
soldiers.  Nevertheless,  the  Indians  came  to  receive  their  annuities  in  gala  attire. 
They  engaged  in  horse  racing  and  in  other  sports,  happy  as  Indians  can  be  when 
there  is  no  immediate  cause  of  complaint. 

By  July  1st,  the  Indians  had  arrived  in  large  numbers,  which  were  increasing 
daily.  They  had  come  from  their  hunting  grounds  and  from  their  homes,  and 
were  prepared  to  stay  for  a  few  days  only.  July  2d,  a  detail  of  100  soldiers 
under  the  command  of  Lieut.  Timothy  J.  Sheehan  of  the  Fifth  Minnesota 
Volunteer  Infantry,  came  to  guard  against  possible  trouble  during  the  payment. 
July  14th,  there  were  779  lodges  of  Indians,  in  camp  about  the  agency,  suf- 
fering from  lack  of  food.  July  i8th,  they  reported  that  their  condition  was 
unendurable,  and  July  21st,  the  agent  arranged  to  count  the  Indians  preparatory 
to  issuing  annuity  goods.  They  were  not  counted  however,  until  July  26th,  and 
until  August  4th,  no  efifort  had  been  made  to  relieve  their  necessities.  That  morn- 
ing the  Indians  warned  Lieutenant  Sheehan  that  they  were  coming  to  make  a 
demonstration ;  that  they  were  coming  armed,  but  intended  no  harm.  A  few 
moments  later  several  hundred  warriors  surrounded  the  camp,  yelling  like  a 
thousand  demons  and  firing  their  guns  wildly.  Though  ready  for  war.  they 
came  for  food.     The  warehouse  was  broken  open  and  the  distribution  of  food 


LITTLK  CROW 

Leader    of    the    Indian    revolt   and    war    of 
1862 


HISTORY  OF  NORTH  DAKOTA  193 

commenced,  but,  the  soldiers  training  artillery  on  them,  cleared  them  from  the 
warehouse.  Then  the  agent  consented  to  act  and  issued  food,  but  wholly  inade- 
quate in  quantity. 

INDIAN  COUNCIL  DECIDES  FOR  WAR 

The  Indians  withdrew  in  ugly  mood  and  held  a  council,  at  which  it  was 
decided  to  commence  war  at  once,  but  Standing  Buffalo,  a  chief  of  the  Sissetons, 
and  a  few  others,  protested,  and  it  was  finally  agreed  to  wait  a  little  while.  On 
the  6th  of  August,  another  council  convened,  and  an  agreement  was  reached  to 
return  to  their  homes  and  hunting  grounds  and  await  the  call  of  the  agent,  who 
consented  to  issue  the  annuity  goods  then  in  the  warehouse.  The  issue  was 
commenced  that  day,  and  all  the  Indians  having  disappeared  on  the  evening  of 
the  7th,  the  soldiers  on  August  nth,  returned  to  their  station. 

But  the  Indian  hearts  were  bad.  As  they  roamed  over  the  country  in  small 
parties,  the  events  of  the  past  few  weeks  were  under  almost  constant  discussion, 
and  the  voice  of  the  majority  of  every  party  was  for  war.  But  the  coimcil  had 
decided  to  wait  and  they  waited.  Standing  Buffalo  had  warned  the  whites  of 
their  first  decision  for  war,  though  to  do  so  endangered  his  life,  and  at  the 
same  time  told  his  white  friends  that  he  had  been  a  member  of  that  council, 
and  was  bound  by  its  action,  as  all  were  who  had  participated. 

BEGINNING   OF  THE   OUTBREAK 

On  Sunday  August  17,  1862,  a  band  of  twenty  Indians  were  hunting  near 
Acton,  Meeker  County,  Minnesota.  One  of  the  party  robbed  a  hen's  nest  of 
the  eggs  on  which  she  was  setting.  The  chief  protested  and  a  bitter  quarrel 
ensued,  and  the  chief  and  four  of  the  party  withdrew  among  accusations  of 
cowardice,  and  threats  that  there  should  be  war  regardless  of  the  action  of  the 
council.  Later  during  the  day  the  i)arty  of  five  heard  shooting  and  feared  that 
the  war  had  commenced  and  they  would  be  forever  disgraced  because  of  their 
opposition  to  it.  In  this  frame  of  mind  they  called  at  the  home  of  Robinson 
Jones,  who  accused  one  of  them  of  having  borrowed  a  gun  which  he  had  not 
returned.  After  leaving  the  Jones  place  they  went  to  the  home  of  Howard 
Baker,  near  by,  and  asked  for  water;  Jones  following  them,  accompanied  by 
his  wife,  and  the  quarrel  was  renewed.  To  Mrs.  Baker's  inquir>'  if  he  had 
given  them  liquor,  Mr.  Jones  replied  that  he  had  not,  that  he  had  "no  liquor  for 
such  red  devils." 

The  Indians  challenged  the  white  men  to  shoot  at  the  mark.  Jones,  again 
using  offensive  language,  said  he  was  not  afraid  to  shoot  with  them.  After  the 
shooting  the  whites  did  not  load  their  guns,  but  the  Indians  reloaded,  and  without 
warning,  fired  on  the  whites,  killing  Mr.  Baker,  and  a  Mr.  Webster  and  Mrs.  Jones. 
Jones,  who  was  wounded,  attempted  to  escape,  but  was  felled  by  another  shot. 
Mrs.  Webster  was  in  a  covered  wagon  and  was  not  molested.  ]Mrs.  Baker,  with 
a  child,  fled  to  the  cellar  and  the  Indians  made  no  search  for  her,  but  they  returned 
to  the  home  of  Mr.  Jones  and  killed  Clara  B.  Wilson.  They  took  some  horses 
from  another  neighbor  and  hastened  to  their  camp,  which  was  reached  late  in 
the  evening. 


19i  HISTORY  OF  NORTH  DAKOTA 

Reporting  what  they  had  done,  a  council  was  called,  and  being  confident  that 
the  whites  would  demand  the  surrender  of  the  murderers,  immediate  war  was 
agreed  upon.  They  hastened  to  the  home  of  Little  Crow,  who  lived  in  a  brick 
house  built  for  him  by  the  Government.  They  filled  his  house,  flocked  in  his 
garden  and  door  yard,  and  with  one  voice  demanded  that  he  lead  them.  He 
consented,  and  without  waiting  for  his  breakfast,  led  the  way  to  the  Redwood 
Agency,  which  they  had  decided  to  attack  that  morning.  Runners  were  sent  to 
other  tribes  to  warn  them  that  war  had  commenced  and  to  ask  their  co-operation. 
As  they  proceeded  on  the  way  to  the  Agency,  the  woods  and  hills  reverberated 
with  their  whoops  and  yells,  and  as  their  war  cry  went  echoing  down  the  valley, 
the  warriors  were  aroused  from  their  slumbers  and  hastened  to  join  tiieir  ranks, 
which  increased  rapidly  in  numbers. 

At  7  o'clock  Monday  morning,  August  i8th.  armed,  but  scantily  clad,  they 
squatted  on  the  steps  of  the  several  Agency  buildings,  and  the  homes  of  the  em- 
ployes. At  a  signal  the  awful  work  began,  and  in  a  few  moments  every  white 
person  at  the  Agency  was  killed,  excepting  two  or  three  of  the  Vi'ounded  who 
escaped  in  the  confusion.  Plunder,  rapine,  and  outrage  of  every  kind  were  inci- 
dents of  the  massacre.  Young  warriors  who  had  never  shed  human  blood,  found 
new  pleasure  in  torturing,  maltreating  and  murdering  defenseless  women  and 
children,  and  boys  spent  the  forenoon  shooting  into  the  bodies  of  the  dead  and 
otherwise  mutilating  them. 

The  first  report  of  the  trouble  having  reached  Fort  Ridgeley  at  lo  A.  M., 
Capt.  John  S.  Marsh,  with  forty-six  men.  hastened  to  the  relief  of  the  Agency, 
leaving  but  few  effective  men  at  the  fort.  .\s  they  hurried  on  they  passed  the 
smoking  ruins  of  farm  houses  and  the  bodies  of  several  murdered  settlers. 

THE   r..\TTLE   .-^T  THE  FERRY 

.\t  the  ferrv'  in  front  of  the  Redwood  Agency  they  found  the  boat  ready  for 
them  to  cross  in  charge  of  White  Dog,  who  had  been  regarded  one  of  the  most 
trusty  of  the  friendly  Indians.  He  urged  them  to  cross  and  meet  the  Indians 
in  council,  and  see  if  the  trouble  could  not  be  arranged.  The  decapitated  form 
of  the  old  ferryman  was  lying  where  he  fell.  The  soldiers  discovered  signs 
of  an  ambush  and  at  their  first  show  of  uneasiness  White  Dog  gave  the  signal, 
and  the  Indians  springing  from  the  tall  grass  fired,  and  twenty-six  of  the  soldiers 
fell  at  the  first  volley.  The  Indians  rushed  upon  the  survivors  and  tried  to 
engage  them  in  a  hand  to  hand  conflict,  but  they  gained  the  timber.  In  an  effort 
to  cross  the  stream  Captain  Marsh  was  drowned,  when  the  survivors  made  their 
way  back  to  Fort  Ridgeley.  Of  the  wounded  two  escaped,  after  suffering  almost 
incredible  hardships.  Lying  concealed  in  the  high  grass,  they  could  hear  the 
pleading  and  groaning  of  their  wounded  comrades,  and  realize  their  suffering, 
and  when  all  was  still  they  knew  that  death  had  come  to  their  relief. 

.\FTER  THE  REDWOOD  .\GENCY   MASS.^CRE 

The  night  after  the  massacre  of  the  defenseless  and  unsuspecting  people  at 
Redwood  Agency,  and  the  slaughter  of  Captain  Marsh's  men,  was  spent  by  the 
Indians   in   dancing.     There  was   excitement   everywhere.     Those   eager  to   tell 


HISTORY  OF  NORTH  DAKOTA  195 

what  they  had  done,  sat  impatiently  waiting  their  opportunity  to  tell  their  story. 
Amid  the  pounding  of  the  tom-tom,  the  singing  of  war  songs,  and  occasional 
whoops  and  yells, — as  a  particularly  striking  tale  was  related, — the  wild  flourishing 
of  clubs,  knives,  and  tomahawks,  the  dance  went  on.  The  hideous  Cutnose,  who 
was  one  of  the  thirty-eight  executed  at  JMankato,  boasted  of  having  gone  to  a 
white  man  who  was  cutting  hay,  assisted  by  three  men  and  his  wife,  and  pre- 
tending to  be  very  friendly,  offered  his  hand,  and  as  the  man  reached  out  to 
receive  it,  he  stabbed  him.  They  grappled,  and  the  knife,  which  had  remained 
in  the  flesh,  was  crowded  farther  in,  and  the  man  fell  dead  at  his  feet.  At  the 
conclusion  of  his  recital  the  tom-tom  started  up  its  beating,  and  the  fiend  was 
greeted  with  whoops  and  yells  for  a  prolonged  period.  And  so  the  dance  went 
on,  only  interrupted  by  atrocious  recitals  of  this  character  and  worse. 

But  for  the  anticipated  pleasure  of  telling  such  tales,  and  of  hearing  the  stories 
of  others,  the  young  men  would  have  followed  Little  Crow's  advice  and  attacked 
Fort  Ridgeley  on  the  first  day  of  the  outbreak.  The  thought  that  there  was 
more  real  pleasure  in  murdering  defenseless  women  and  children  than  in  fighting 
armed  men,  led  them  to  put  off  the  assault  on  Fort  Ridgeley  until  after  the  attack 
on  Xew  Ulni.  Besides,  on  the  first  day  they  could  reach  and  murder  in  their 
homes  the  unarmed  settlers  before  they  heard  of  the  uprising. 

.-\II-KEE-P.\H''s  REBUKE 

.'\h-kee-pah,  who  refused  to  join  in  the  dance,  was  accused  of  being  a  coward 
and  taunted  with  not  having  "killed  one  white  man,  no,  not  even  a  babe,"  and 
jumping  to  the  heart  of  the  circle  of  men  who  were  accusing  him.  and  by  his 
earnestness  commanding  their  attention,  declared  that  there  was  "no  bravery  in 
killing  helpless  men  and  women  and  little  children,  and  only  cowards  would 
boast  of  it."  He  took  advantage  of  the  opportunity  to  tell  them  what  he  and 
his  tribe  would  do  to  them  if  they  harmed  one  of  his  relatives,  some  of  whom 
were  among  the  captive  mixed-bloods. 

CONDITIONS  AT  FORT  RIDGELEY 

Fort  Ridgeley  was  the  only  reliance  of  the  settlers.  They  hurried  to  it  from 
all  directions  in  the  hope  of  gaining  protection.  On  the  evening  of  August 
1 8th  there  were  congregated  there  300  refugees,  terror-stricken,  crouching, 
cringing,  crying,  praying,  some  nearly  crazed.  There  were  less  than  thirty 
soldiers  to  protect  them  against  the  many  hundred  warriors  likely  to  attack  the 
fort  at  any  moment.  On  the  19th  the  Indians  in  large  force  appeared  before  the 
fort,  in  such  close  proximity  that  some  could  be  recognized  by  the  use  of  a 
glass,  and  held  a  council.  It  was  seen  that  there  was  dissension  among  them, 
and  they  retired,  deferring  attack  until  the  next  day.  That  evening  reinforce- 
ments arrived.  The  force  defending  the  fort  then  consisted  of  Company  B,  Fifth 
Minnesota  Regiment  Infantry,  two  officers  and  fifty-seven  men,  Company  C 
of  the  same  regiment,  one  officer  and  fifty  men;  the  Renville  Rangers,  one 
officer  and  fifty-one  men  ;  twenty-five  effective  men  organized  from  among  the 
refugees,  and  an  ordnance  sergeant  of  the  United  States  Army  in  command  of  a 
detail  for  the  howitzers.    There  was  also  Dr.  Alfred  Muller,  the  post  surgeon,  the 


196  HISTORY  OF  NORTH  DAKOTA 

post  sutler,  and  Justus  Ramsey  and  Cyrus  G.  Wykoff,  who  had  arrived  Monday 
evening,  the  iSth,  with  $71,000  in  gold  for  the  purpose  of  making  the  Indian 
payment.     Lieutenant  Timothy  J.  Sheehan  was  in  command. 

THE  ATTACK  UPON  NEW  ULM 

On  August  19  an  attack  was  made  by  a  large  force  of  Indians  on  New  Ulm, 
a  town  of  about  1,500  inhabitants,  whose  defense  was  conducted  by  Judge  Charles 
E.  Flandrau,  in  command  of  about  three  hundred  hurriedly  organized  volunteers, 
imperfectly  armed.  They  fell  back  at  the  first  assault  by  the  Indians,  who 
gained  the  outskirts  of  the  town,  but  were  repulsed  and  the  buildings  in  the 
vicinity  burned  to  prevent  the  Indians  from  using  them  for  shelter.  But 
advancing  under  cover  of  the  smoke,  which  a  shifting  wind  blew  up  Main  street, 
they  gained  the  very  center  of  the  town,  to  be  again  driven  out.  At  niglit  they 
retired. 

After  the  first  day's  battle  about  forty  buildings  were  burned  in  order  to 
prevent  their  use  by  the  Indians  for  shelter ;  intrenchments  were  dug,  and  every 
possible  means  used  for  strengthening  the  defense  against  the  attack  which  was 
renewed  the  next  morning,  the  Indians  withdrawing  about  noon.  The  town, 
however,  was  abandoned,  and  the  wounded  and  the  women  and  children  were 
sent  to  Mankato  in  a  train  of  one  hundred  and  fifty-three  wagons,  guarded  by 
citizens  and  soldiers. 

THE  ATTACK  ON   FORT  RIDGELEY 

The  attack  on  Fort  Ridgeley  was  commenced  August  20th  at  i  P.  M.  The 
Indians  charging  furiously,  whooping  and  yelling,  were  met  by  a  deadly  fire  of 
shrapnel  and  musketry  at  close  range  which  quickly  drove  them  from  one  of 
the  buildings,  of  which  they  had  gained  possession.  The  attack  continued  till 
night,  when  they  withdrew.  During  the  battle  that  day  the  ammunition,  which 
was  in  an  exposed  condition,  was  safely  removed  to  one  of  the  stone  barracks, 
and  at  night  the  fort  was  strengthened  by  intrenchments.  The  men  were  cheered 
by  the  results  of  the  first  day's  battle.  There  was  no  fighting  the  next  day,  but 
on  the  22nd  the  attack  was  renewed,  and  from  every  direction  the  Indians  were 
seen  creeping  toward  the  fort,  their  heads  turbaned  with  grass  or  wreathed  in 
wild  flowers,  the  better  to  hide  their  movements.  At  a  given  signal  they  again 
made  a  rush  upon  the  fort,  capturing  the  sutler's  store  and  one  of  the  wooden 
barracks.  One  of  the  buildings  was  fired  by  a  cannon  shot  from  the  fort  and 
the  other  by  the  Indians  who  tried  to  reach  the  fort  under  cover  of  the  smoke. 
Clouds  of  arrows,  with  burning  punk  attached  to  the  tips,  were  fired  upon  the 
buildings  in  an  efTort  to  burn  them,  but  the  heavy  rain  of  the  night  before  pre- 
vented that  result. 

During  the  progress  of  the  battle  the  Renville  Rangers,  several  of  whom 
spoke  the  Sioux  language,  hearing  Little  Crow  give  the  order  to  make  a  rush 
and  club  muskets,  shouted  back  to  them,  "Come  on!  We  are  ready  for  you." 
They  met  the  charge  with  a  withering  musketry  fire,  sustained  by  the  artillery 
loaded  with  canister,  and  the  Indians  were  again  repulsed.  Into  a  camp  shelter- 
ing the  Indian  women  and  children,  ponies  and  dogs,  which  had  been  pitched  ni 


RED  CLOUD 


HISTORY  OF  NORTH  DAKOTA  197 

a  deep  ravine  some  distance  from  the  fort,  twenty-four-pound  shells  were  dropped, 
and  bursting,  made  sad  havoc  among  them. 

The  din  of  battle  was  terrific.  There  was  the  rattle  of  musketry,  the  roar  of 
cannon,  the  shriek  of  shell  and  the  explosion,  accompanied  by  the  yells  of  the 
charging  Indians  and  the  shouts  of  the  officers  and  men.  In  the  midst  of  the 
battle  it  was  found  that  the  ammunition  for  the  muskets  was  short,  and  with 
that  exhausted  there  would  be  no  hope.  Powder  was  obtained  by  opening  the 
ammunition  of  the  artillery.  Iron  rods  were  cut  into  slugs  to  take  the  place 
of  bullets,  and  the  women  took  up  the  work  of  making  cartridges.  At  night  the 
Indians  again  retired,  defeated,  but  the  siege  continued  five  days  longer.  It  was 
raised  on  the  27th  by  the  arrival  of  William  R.  Marshall  and  Colonel  Samuel 
McPhail  with  one  hundred  and  seventy-five  mounted  citizen  soldiers,  and  the 
next  day  General  Henry  H.  Sibley  reached  Fort  Ridgeley  with  twelve  hundred 
men. 

ATT.\CK  UPON  FORT  ABERCROMBIE 

August  19th,  Air.  Russell  and  three  employes  engaged  in  building  a  hotel  at 
Breckenridge,  Minn.,  were  killed.  Charles  Snell,  the  mail  driver,  was  also 
killed  about  the  same  time.  Mrs.  Scott  who  lived  at  Ottertail  crossing,  was 
shot  in  the  breast,  and  her  son  killed.  She  literally  crawled  sixteen  miles  on 
her  hands  and  knees  to  Breckenridge,  which  had  been  abandoned,  and  took  refuge 
in  the  saw  mill,  where  she  was  found  and  while  being  conveyed  to  Fort  Aber- 
crombie,  Dakota,  where  the  citizens  had  taken  refuge,  the  team  was  captured 
by  the  Indians  and  the  driver  was  killed.  The  settlers,  however,  recaptured  the 
team  and  she  was  sent  to  the  fort  without  further  injury. 

Fort  Abercrombie.  consisting  of  three  buildings,  the  barracks,  officers'  quar- 
ters, and  commissary,  was  garrisoned  by  Company  D,  Fifth  Minnesota  Regiment 
Infantry,  commanded  by  Capt.  John  H.  \'ander  Horck.  The  settlers  were 
organized  by  Capt.  T.  D.  Munn,  and  about  seventy  teamsters  who  had  taken 
refuge  at  the  fort  were  commanded  by  Captain  Smith.  The  teamsters  were 
en  route  from  St.  Paul  to  Red  Lake  with  annuity  goods  for  the  Indians,  and 
liarrels  of  pork,  corned  beef,  sugar  and  other  provisions  were  used  for  a  barricade. 
Three  hundred  head  of  stock  which  were  corralled  near  the  fort  were  a  constant 
temptation  to  the  Indians,  who  set  fire  to  the  straw  stables.  Walter  S.  Hill, 
volunteered  to  go  to  St.  Paul  for  re-enforcements :  escorted  by  thirty-two  men 
he  passed  safely  through  the  Indian  lines,  but  on  the  return  of  the  escort  Edward 
Wright  and  Mr.  Schultz  of  the  party  were  killed.  In  a  later  sortie  Mr.  Lull 
met  his  death. 

The  attack  was  made  on  Fort  Abercrombie  at  5  A.  M.  on  the  3rd  of  Sep- 
tember. Captain  John  H.  \"ander  Horck,  when  visiting  the  picket  line  that 
morning,  having  been  mistaken  for  an  Indian  by  one  of  the  guards,  was  painfully 
wounded.  Lieutenant  Groetch  was  therefore  in  command  during  the  attack, 
which  was  carried  on  with  desperation  until  about  noon,  when  the  Indians  retired. 
.\t  the  close  of  this  engagement  it  was  found  that  there  were  but  350  rounds 
of  ammunition  left  for  the  muskets,  Init  there  being  an  abundance  of  ammuni- 
tion for  the  artillery,  cartridges  were  manufactured  from  that  and  an  ample 
supply    provided    for   the    next   attack,    which    occurred    September   6,    at    day- 


198  HISTORY  OF  NORTH  DAKOTA 

break.  The  fighting  was  hot  and  furious,  but  the  Indians  were  again  repulsed 
with  heavy  loss.  During  the  two  engagements  Company  D  lost  five  men,  one 
killed  and  four  wounded,  and  there  were  several  among  the  citizens  and  teamsters 
who  met  with  casualties.  The  Indians  hovered  about  the  fort  until  September  23d, 
when  the  siege  was  raised  by  the  arrival  of  re-enforcements. 

THE    BATTLE  OF   UIRCII    COULEE 

August  31st,  a  burial  party  was  sent  from  Fort  Ridgeley  to  bury  the  dead  at 
Redwood  Agency  and  such  other  bodies  as  might  be  found.  The  condition  of 
the  dead,  exposed  to  the  summer  sun  for  ten  days,  was  horrible.  After  burying  a 
large  number,  they  camped  at  Birch  Coulee  on  the  night  of  September  ist,  in  an 
extremely  unfavorable  position,  and  were  surprised  by  the  Indians  at  daybreak, 
September  2d,  the  battle  lasting  all  day  and  until  late  in  the  evening.  The  com- 
mand numbered  150  men,  exclusive  of  seventeen  teamsters,  commanded  by  Maj. 
Joseph  R.  Brown,  whose  wife  and  children  were  then  captives  in  the  hands  of 
the  Sioux,  who  had  put  a  price  upon  his  head.  The  troops  were  Company  A, 
Sixth  Minnesota,  under  Capt.  Hiram  A.  Grant,  and  the  Cullen  Guards  under  Capt. 
Joseph  Anderson.  There  were  seventeen  wagons  parked  about  the  camp,  which, 
with  the  exception  of  the  one  which  contained  a  wounded  refugee, — Mrs.  Justina 
Kreiger,  who  had  reached  the  camp  the  previous  evening, — were  turned  over  for  a 
barricade.  Ninety  horses  connected  with  the  camp  were  shot  within  fifteen  min- 
utes after  the  battle  commenced,  and  the  wagon  in  which  Mrs.  Kreiger  lay  during 
the  battle,  was  literally  shot  to  pieces,  the  box  and  running  gear  being  splintered 
into  a  thousand  fragments.  Some  of  the  spokes  were  shot  away,  the  blanket  in 
which  she  was  wrapped  contained  over  two  hundred  bullet  holes,  and  a  dose  of 
medicine  she  was  attempting  to  take  was  shot  from  her  lips,  and  yet  she  had 
but  five  slight  wounds.  The  story  of  her  sufferings,  of  her  family  murdered,  and 
of  her  own  wounds,  will  be  found  near  the  close  of  this  chapter. 

The  camp  at  the  beginning  of  the  attack  was  completely  surrounded  by  several 
hundred  Indians,  whose  whooping  and  yelling  while  firing  at  close  range  with 
deadly  effect,  spread  consternation  in  the  ranks  of  the  small  army  of  defenders. 
The  war  cries  of  the  Indians,  the  beating  of  their  tom-toms,  the  groans  of  the 
wounded,  the  neighing  and  struggling  of  the  wounded  horses,  the  storm  of  bullets, 
the  smoke  of  battle,  the  roar  of  cannon  and  the  rattle  of  musketry,  and  the 
desperate  efforts  of  the  soldiers  to  throw  up  entrenchments : — using  the  one  spade 
and  three  shovels,  all  the  tools  they  had  in  camp,  supplemented,  however,  by 
swords  and  bayonets,  pocket  knives  and  tin  plates, — were  memorable  incidents  of 
the  battle.  At  the  close  of  the  engagement  26  soldiers  lay  dead,  and  45  wounded 
were  suffering  in  fearful  anguish  for  want  of  attention,  and  especially  for  water, 
which  there  had  been  no  means  of  procuring.  The  next  morning  it  was  found  that 
the  ammunition  was  practically  exhausted,  and  in  another  hour  the  whole  command 
would  have  been  killed  by  bullet,  bludgeon  or  tomahawk,  but  re-enforcements 
were  approaching  and  the  Indians  fled. 

FIDELITY  OF  THE  FRIENDLY  INDL^N'S 

Notwithstanding  the  fidelity  of  the  Sissetons  and  Wahpetons  living  in  the 
vicinity,  the  buildings  of  the  Yellow  Medicine  Agency  were  burned  on  the  24th 


HISTORY  OF  NORTH  DAKOTA  199 

of  August.  On  the  evening  of  August  i8th  Chaska,  one  of  the  noblest  of  his  race, 
and  anotlier  Indian,  warned  the  missionaries,  Rev.  Stephen  R.  Riggs  and  Rev. 
Thomas  WilHanison  and  associates, — who  were  devoting  their  lives  to  the  Indians, 
working  for  their  good,  and  residing  about  six  miles  away, — of  their  danger,  and 
urged  them  to  flee.  Other  Indians  joined  in  piloting  them  to  a  place  of  safety 
for  the  night,  and  through  their  aid  and  guides,  their  party  numbering  thirty-five, 
reached  a  point  near  Fort  Ridgeley  August  22d,  during  the  progress  of  the  battle 
at  that  place.  Their  trail  was  discovered,  but  fortunately  was  obliterated  by  the 
severe  rainstorm  of  the  previous  night.  During  the  night  after  the  battle,  one 
of  the  party  succeeded  in  reaching  the  fort,  but  was  advised  that  there  was  little 
hope  for  it  to  hold  out  against  another  Indian  attack,  and  that  provisions  were 
becoming  low,  and  it  was  decided  that  it  was  better  for  the  missionaries  to  try 
to  reach  the  settlements,  which  they  were  successful  in  doing  after  four  days  and 
nights  of  weary  traveling,  guided  all  the  way  by  their  faithful  Indian  friends. 
The  Renville  family,  honored  in  North  Dakota  as  well  as  in  Minnesota,  were 
among  the  helpers  of  this  party  to  escape. 

The  family  of  the  Indian  agent  and  others  from  the  Yellow  Medicine  Agency, 
sixty-two  in  all,  were  guided  to  a  place  of  safety  by  Other-Day  and  other  Indian 
friends,  reaching  Shakopee  August  22d,  after  intense  suffering.  Ah-kee-pah 
literally  camped  with  Little  Crow,  and  in  the  vicinity  of  his  captives,  originally 
numbering  26,  but  finally  increased  to  270,  including  the  family  of  Maj.  J.  R. 
Brown, — threatening  him  and  his  hostile  band  with  dire  vengeance  if  injury  was 
done  to  them.  Even  Little  Crow  endangered  his  life  by  yielding  to  the  demands 
of  the  friendly  Indians  in  behalf  of  the  captives. 

THE  BATTLE  OF  WOOD  LAKE 

September  23d,  the  last  of  the  series  of  battles  during  the  uprising,  was  fought. 
A  large  force,  consisting  of  parts  of  the  Third,  Sixth  and  Seventh  Minnesota,  and 
the  Renville  Rangers,  supported  by  artillery,  gained  a  decisive  victory  over  the 
Indians,  resulting  in  the  surrender  of  two  hundred  and  seventy  captives,  on  Sep- 
tember 26th,  just  forty  days  from  the  beginning  of  the  outbreak.  Here  sixteen 
Indians  were  buried  from  those  killed  in  the  battle,  many  of  the  dead  and  most 
of  the  wounded  were  carried  away. 

SUDDEN   CONVERSION   OF   HOSTILES 

After  the  battle  of  Wood  Lake  the  fighting  spirit  took  its  departure  from  the 
greater  portion  of  the  Indians  in  the  hostile  camp,  and  as  the  soldiers  advanced, 
every  man,  woman  and  child  old  enough  to  walk,  displayed  flags  of  truce.  White 
rags  were  fastened  to  the  tepee  poles,  tied  to  cart  and  wagon  wheels,  attached 
to  sticks  in  all  conceivable  places,  and  in  the  most  ludicrous  manner.  One  Indian 
having  thrown  a  white  blanket  over  his  horse,  tied  a  bit  of  white  cloth  to  its  tail, 
and  wrapped  an  American  flag  about  his  body,  sat  on  his  war  steed,  calmly  waiting 
for  the  troops  to  pass. 

ATROCITIES   OF  THE   SIOUX 

The  wounded  in  the  hands  of  the  Sioux  were  tortured  by  every  conceivable 
device  to  make  death  one  of  prolonged  agony.    Wives  were  compelled  to  witness 


200  HISTORY  OF  NORTH  DAKOTA 

the  torture  of  their  husbands  until  death  ended  their  suffering,  and  were  then 
carried  away  captive.  Mothers  were  compelled  to  witness  the  murder  of  their 
little  ones,  and  to  hear  their  screams  and  shrieks  under  the  pains  of  torture  pre- 
ceding their  death.  Helpless  infants  were  left  to  starve  by  the  side  of  their 
murdered  mothers,  or  to  be  consumed  in  the  homes  that  were  burned.  Little  chil- 
dren wandered  for  days,  terrified  and  ahungered,  before  they  reached  a  place  of 
safety,  and  women,  wounded,  bleeding,  and  nearly  crazed,  wandered  for  weeks, 
before  they  were  found  and  given  care. 

UNSPEAKABLE  OUTRAGES 

Neither  tongue  nor  pen  can  tell  of  the  sufferings  of  the  refugees,  nor  faithfully 
report  the  tales  they  told,  nor  picture  the  terrors  encountered  by  them  in  their 
flight  for  safety.  At  one  point  they  came  upon  twenty-seven  bodies  of  settlers, 
overtaken  in  their  flight  and  murdered,  and  mutilated,  some  put  to  outrage 
unspeakable.  Two  settlers  on  the  way  to  the  Redwood  Agency  came  upon  the 
bodies  of  a  woman  and  two  children.  They  went  to  the  nearest  home  and  to 
the  home  of  several  neighbors.  The  result  was  the  same.  There  were  dead 
bodies  at  each.  At  one  the  father,  mother  and  two  children  were  all  murdered. 
They  returned  hastily  to  their  own  settlement  and  spreading  the  alarm  the  settlers 
assembled  to  determine  what  to  do. 

Starting  for  Fort  Ridgeley,  they  were  met  by  a  band  of  marauders,  the  leader 
of  which  was  well  known  to  one  of  the  settlers,  who  had  hunted  with  him,  and 
they  were  always  great  friends.  The  Indian  appeared  glad  to  see  his  friend, 
greeting  him  cordially  and  kissing  him,  claiming  that  the  murders  had  been 
committed  by  the  Chippewas  and  promising  the  protection  of  the  Sioux,  prevailed 
upon  them  to  return  to  their  homes.  They  traveled  some  distance  together,  and  at 
noon  stopping  to  feed  their  cattle  and  lunch,  their  Indian  escort  accepted  food 
from  them,  and.  after  lunch,  motioned  them  to  go  on.  but  soon  followed  and 
robbed  them  of  their  valuables.  Another  party  coming  up  fired  upon  them,  killing 
all  but  three  of  the  men  of  the  party  at  the  first  volley. 

Mrs.  Tustina  Kreiger,  the  wounded  woman  mentioned  in  connection  with  the 
battle  of  Birch  Coulee,  told  her  story  to  the  Sioux  Commission  as  follows : 

"Mr.  Foss,  Mr.  Gottleib  Zable,  and  my  husband  were  yet  alive.  The  Indians 
asked  the  women  if  they  would  go  along  with  them,  promising  to  save  all  that 
would  go,  and  threatening  all  that  refused,  with  instant  death.  Some  were  willing 
to  go ;  others  refused.  I  told  them  that  I  proposed  to  die  with  my  husband  and 
children.  My  husband  urged  me  to  go  with  them,  telling  me  that  they  would 
probably  kill  him  and  perhaps  I  could  get  away  in  a  short  time.  I  still  refused, 
preferring  to  die  with  him  and  the  children.  One  of  the  women  who  started  olT 
with  the  Indians  turned  around,  halloed  to  me  to  come  up  with  them,  and  taking 
a  few  steps  towards  me,  was  shot  dead.  At  the  same  time  two  of  the  men  left 
alive  and  six  of  the  women,  were  killed,  leaving  of  all  the  men  only  my  husband 
alive.  Some  of  the  children  were  also  killed  at  the  last  fire.  A  number  of  the 
children  yet  remained  around  the  wagon ;  these  the  savages  beat  with  the  butts  of 
their  guns  until  they  supposed  they  were  dead.  Some,  soon  after,  rose  up  from 
the  ground,  with  blood  streaming  down  their  faces,  when  they  were  again  beaten 
and  killed. 


HISTORY  OF  NORTH  DAKOTA  201 

"I  stood  yet  in  the  wagon,  refusing  to  get  out  and  go  with  the  murderers; 
my  own  husband,  meanwhile,  begging  me  to  go,  as  he  saw  they  were  about  to  kill 
him.  He  stood  by  the  wagon,  watching  an  Indian  at  his  right,  ready  to  shoot, 
while  another  was  quite  behind  him  with  a  gun  aimed  at  him.  I  saw  them  both 
shoot  at  the  same  time,  lioth  shots  took  effect  in  the  body  of  my  husband,  and 
one  of  the  bullets  passed  through  his  body  and  struck  my  dress  below  the  knee. 
My  husband  fell  between  the  oxen  and  seemed  not  quite  dead,  when  a  third  ball 
was  shot  into  his  head,  and  another  into  his  shoulder,  which  probably  entered  his 
heart. 

"Now  I  determined  to  jump  out  of  the  wagon  and  die  beside  my  husband,  but 
as  I  was  standing  up  to  jump,  I  was  shot;  seventeen  buckshots,  as  was  afterwards 
ascertained,  entering  my  body.  I  then  fell  back  into  the  wagon  box.  I  had  eight 
children  in  the  wagon-bed  and  one  in  a  shawl.  All  of  these  were  either  my  own 
or  else  my  step-children.  What  would  now  become  of  the  children  in  the  wagon 
I  did  not  know,  and  what  the  fate  of  the  baby  I  could  only  surmise. 

"I  was  seized  by  an  Indian  and  very  roughly  dragged  from  the  wagon,  and 
the  wagon  was  drawn  over  my  body  and  ankles.  I  suppose  the  Indians  left  me 
for  a  time,  how  long  I  do  not  know,  as  I  was  for  a  time  quite  insensible.  When 
I  was  shot  the  sun  was  still  shining,  but  when  I  woke  up  it  was  dark.  My  baby, 
as  the  children  afterwards  told  me,  was,  when  they  found  him,  lying  about  five 
yards  from  me,  crying.  One  of  my  step-children,  a  girl  of  thirteen  years  of 
age,  took  the  baby  and  ran  off.  The  Indians  took  two  of  the  children  with  them. 
These  were  the  two  next  to  the  youngest.  One  of  them,  a  boy  four  years  old, 
taken  first  by  the  Indians,  had  got  out  of  the  wagon,  or  in  some  way  made  his 
escape,  and  came  back  to  the  dead  body  of  his  father.  He  took  his  father  by  the 
hand,  .saying  to  him,  "Papa,  papa,  don't  sleep  so  long."  Two  of  the  Indians  came 
back  and  one  of  them,  getting  off  his  horse,  took  the  child  away.  The  child  was 
afterward  recovered  at  Camp  Release.  The  other  one  I  never  heard  of.  Two  of 
the  boys  ran  away  on  the  first  attack,  and  reached  the  woods,  some  eighty  rods 
distant.  One  climbed  a  tree :  the  youngest,  age  7,  remaining  below.  This  eldest 
boy,  8  years  of  age.  witnessed  the  massacre  of  all  who  were  killed  at  this  place. 
He  remained  in  the  tree  until  I  was  killed, — he  supposed.  He  then  came  down 
and  told  his  brother  what  he  had  seen  and  that  their  mother  was  dead.  While 
they  were  crying  over  the  loss  of  their  parents,  August  Gest,  a  son  of  a  neighbor, 
cautioned  them  to  keep  still,  as  the  Indians  might  hear  them  and  come  and  kill 
them,  too." 

Here  these  children  remained  in  hiding  three  days,  and  then  spent  eight  days 
and  nights  of  terror  in  reaching  the  fort.  Once  when  they  saw  a  team  with  a 
family  coming  toward  them,  and  were  about  to  rush  to  them  in  joy,  a  party  of 
Indians  concealed  from  view  captured  the  family  and  drove  off.  They  could  hear 
the  screams  of  the  woman  until  they  disappeared  in  the  distance. 

Mrs.  Kreiger.  recurring  to  the  scene  of  the  massacre  of  their  party,  said : 

"My  step-daughter,  aged  13,  as  soon  as  the  Indians  had  left  the  field,  started 
off  for  the  woods.  In  passing  where  I  lay,  supposing  me  dead,  and  finding  the 
baby  near,  crying,  she  hastily  took  it  up,  and  brought  it  off  the  field  of  death  in 
her  arms.  The  other  girl,  my  own  child,  six  years  old,  arose  out  of  the  grass  and 
two  of  the  other  children  that  had  been  beaten  over  the  head  and  left  for  dead, 


202  HISTORY  OF  NORTH  DAKOTA 

now  recovered,  and  went  off  towards  the  woods  and  soon  rejoined  each  other 
there.    I  was  still  lying  on  the  field. 

"The  three  other  children  returned  to  the  place  of  the  massacre,  leaving  the 
boy  in  charge  of  the  6-year-old  girl.  As  they  came  to  the  field  they  found  seven 
children  and  one  woman  evincing  some  signs  of  life.  *  *  *  ^11  these  were 
covered  with  blood,  and  had  been  beaten  with  the  butts  of  the  guns  and  hacked  by 
the  tomahawks,  excepting  a  girl  whose  head  had  been  severed  by  a  gunshot.  The 
woman  was  Anna  Zable.  She  had  received  two  wounds. — a  cut  in  the  shoulder 
and  a  stab  in  the  side.  They  were  all  taken  to  the  house  of  my  husband  by  these 
three  girls.  They  remained  in  the  house  all  night  doing  all  they  could  for  each 
other.  This  was  a  terrible  place,  as  hospital  for  invalid  children,  with  no  one 
older  than  thirteen  years  of  age  to  give  directions  for  the  dressing  of  the  wounds, 
nursing  of  the  infant  children,  and  giving  food  to  the  hungry,  in  a  house  that  had 
already  been  plundered  of  everything  of  value." 

Early  ne.xt  morning  Mrs.  Zable  and  the  children  who  had  rescued  the  wounded 
children,  went  to  the  scene  of  the  massacre  to  look  after  Mrs.  Kreiger  who  was 
supposed  to  have  been  killed,  but  being  frightened,  they  hid  in  the  grass,  and 
while  there  the  Indians  drove  up  with  the  ox  team  belonging  to  their  party  and 
stripped  the  clothing  from  the  dead.  They  plundered  other  houses,  and  fired  the 
building  in  which  the  wounded  children  had  been  placed,  and  all  of  the  seven 
little  ones  were  burned.  Mrs.  Zable  and  the  five  children  lingered  in  the  vicinity 
three  days,  and  then  spent  eleven  days  and  nights  before  reaching  Fort  Ridgeley. 
When  the  party  went  back  to  the  scene  of  the  massacre,  they  left  the  baby  asleep 
in  a  house,  but  they  could  not  return  to  it  and  never  afterwards  heard  of  it.  The 
6-year-old  child  fell  exhausted  on  the  way,  but  the  children  cared  for  it,  until 
it  gained  strength,  a  little  nourishment  having  been  obtained  from  a  melon  rind 
found  in  the  road.  When  they  came  in  sight  of  Fort  Ridgeley,  Mrs.  Zable,  crazed 
with  grief  and  wounds,  and  exhausted  by  exposure  and  want,  insisted  that  the 
fort  was  a  camp  of  Indians  and  fled  as  a  party  advanced  to  their  rescue. 

Mrs.  Kreiger  lay  where  she  fell  August  i8th,  until  the  next  night  about  mid- 
night. At  this  time  two  Indians  approached  to  ascertain  if  life  was  extinct.  "The 
next  moment  a  sharp  pointed  knife  was  felt  at  my  throat,"  said  Mrs.  Kreiger, 
passing  downward,  cutting  not  only  the  clothing  entirely  from  my  body,  but 
actually  penetrating  the  flesh."  She  saw  one  of  these  inhuman  wretches  seize 
Wilhelmina  Kitzman,  who  was  her  niece,  and  the  child  cut  and  mangled,  was 
thrown  on  the  ground  to  die.  The  other  child  of  Paul  Kitzman  was  taken  along 
with  the  Indians,  crying  most  piteously. 

After  this  experience  Mrs.  Kreiger  again  became  unconscious,  but  when  she 
revived  she  found  her  own  clothing,  which  the  Indians  had  thrown  away,  and 
covering  herself  as  best  she  could,  made  her  way  to  Fort  Ridgeley,  wandering 
about,  hiding  in  the  grass  and  the  timber  until  September  ist,  when  she  was 
rescued  by  the  soldiers,  and  next  day  lay  in  the  only  wagon  that  was  not  turned 
bottom  upwards  for  defense  at  the  Battle  of  F)irch  Coulee,  as  related  in  that 
connection. 

The  number  of  citizens  killed  during  the  outbreak  was  644,  32  of  whom 
were  in  Dakota.  The  number  of  soldiers  killed  at  the  several  battles  was  93,  making 
a  total  loss  of  life  of  737.  To  this  list  of  casualties  must  be  added  the  many 
wounded.    Two  hundred  and  seventy  captives  were  surrendered. 


HISTORY  OF  NORTH  DAKOTA  208 

THE  COST  OK  Till-:  OUTI'.KEAK  TO  THE   INDIANS 

The  property  of  the  two  Indian  agencies  belonged  to  the  Indians  and  was  paid 
for  out  of  their  appropriation.  The  crops  growing  on  the  agency  farms  were 
for  their  support,  and  whatever  injury  came  to  these  was  an  injury  to  them.  All 
of  the  dwellings  (excepting  two  Indian  homes),  stores,  mills,  shops,  and  other 
buildings,  with  their  contents,  and  the  tools,  implements  and  utensils  upon  the 
Yellow  Medicine  Agency  were  destroyed  or  rendered  useless.  The  value  was 
$425,000. 

At  the  lower  or  Redwood  Agency,  the  stores,  warehouses,  shops  and  dwellings 
of  the  employes,  with  their  contents,  were  destroyed,  together  with  eight  houses 
belonging  to  the  Indians  and  occupied  by  them,  and  a  new  stone  warehouse  nearing 
completion.  The  value  was  $375,000.  Adding  to  this  the  destruction  of  fences, 
loss  of  crops,  and  of  lumber  and  supplies,  the  loss  to  the  Indians  on  the  reservation 
alone  was  not  less  than  $1,000,000. 

The  fund  of  $2,748,000  on  which  the  Government  had  agreed  to  pay  them  five 
per  cent  per  annum,  was  forfeited,  and  they  lost  the  interest  thereon  from  that  time 
forward.  The  treaty  of  1851  was  abrogated  by  the  act  of  February  16,  1863  (vol. 
12,  Federal  Statutes  at  Large,  p.  652).  They  had  received  under  the  treaty 
$2,459,350,  less  the  sum  paid  for  depredations.  They  also  lost  $300,000  deposited 
to  their  credit  under  the  treaty  of  1837. 

Four  hundred  and  twenty-five  Indians  were  tried  by  a  military  commission  on 
the  charge  of  murderous  participation  in  the  massacre.  Three  hundred  and  twenty- 
one  were  convicted  and  303  were  sentenced  to  death.  President  Lincoln  commuted 
the  sentence  of  all  but  thirty-nine.  Thirty-eight  of  these  were  hanged  at  Mankato, 
Minnesota,  December  26,  1862.  One  was  pardoned  by  the  President.  Two  were 
later  hanged  at  Fort  Snelling,  and  still  another  at  Mankato.  Among  those  hanged 
was  a  negro  half-blood.  Two  others  convicted  were  released  after  three  years' 
imprisonment. 

Little  Crow  was  killed  July  3,  1863,  by  Chauncey  Lampson,  near  Hutchinson, 
Minnesota.  It  must  be  said  to  the  credit  of  Little  Crow  that  it  was  through  his 
efforts  that  the  captives  in  his  camp  escaped  massacre.  He  saved  them,  even  at 
times  when  his  own  life  was  threatened  on  that  account,  but  it  was  because  he 
feared  the  vengeance  of  the  Sissetons  and  Wahpetons  who  were  persistently 
demanding  their  release  or  at  least  that  no  harm  should  come  to  them. 

THE    COST  TO   THE   SETTLERS 

The  loss  of  propertv  and  crops  destroyed  belonging  to  the  settlers  was  even 
greater. 

The  $71,000  in  gold,  whicli  arrived  at  Fort  Ridgeley  on  the  day  the  outbreak 
commenced,  was  paid  under  act  of  Congress  to  the  settlers  as  part  payment  for 
Indian  depredations.  The  amount  so  paid  included,  also,  other  items  appropriated 
for  their  benefit  amounting  in  the  aggregate  to  $204,883.90. 

The  burning  of  Sioux  Falls,  the  death  of  Joseph  W.  Amidon  and  Edward  B. 
Lamoure,  an  elder  brother  of  Hon.  Judson  Lamoure,  of  Pembina,  in  the  attack  on 
Sioux  Falls  are  mentioned  in  another  chapter.  The  garrison  at  Fort  Randall,  the 
activity  of  the  settlers  and  the   "preparedness"   shown  at  Yankton,   where  the 


204  HISTORY  OF  NORTH  DAKOTA 

settlers  in  that  section  of  Dakota  assembled  for  defense,  doubtless  prevented  an 
outbreak  among  the  Yanktons  inhabiting  that  region. 

These  are  only  striking  incidents  of  Indian  warfare,  followed  by  a  long  list  of 
bloody  afifairs,  in  which  the  Indians  gained  nothing.  Other  incidents  have  been 
mentioned  in  other  chapters.  The  story  of  the  massacre  at  Fort  Phil  Kearney 
and  the  Custer  massacre  will  be  told  in  subsequent  chapters.  Today  the  whole 
world  realizes  what  War  is.  Now  (October,  1916)  14,000,000  soldiers  of 
Christian  nations  are  at  war.  The  "beasts"  come  out  of  the  land,  and  from  under 
the  sea — and  from  the  air — all  engaged  in  the  destruction  of  human  beings,  sparing 
not  innocent  children,  weak  women,  decrepit  old  men,  or  the  sick  and  wounded  in 
hospitals.  And  for  what?  Anarchists,  in  their  warfare  on  all  forms  of  govern- 
ment, killed  a  son  of  royalty,  and  the  war  of  August,  1914,  began,  coming  like  a 
storm  from  a  clear  sky.  sweeping  over  and  involving  nations  in  no  way  responsible 
for  its  beginning,  and  making  the  hymn  of  H.  \\'.  Baker — No.  199  of  the  Episcopal 
Prayer  Book — appropriate  for  every  opening  day : 

"O  God  of  love,  O  King  of  Peace ! 
Make  wars  throughout  the  world  to  cease, 
The  wrath  of  sinful  man  restrain. 
Give  peace,  O  God  !   give  peace  again." 


CHAPTER  XIV 
IN  THE  SIOUX  COUNTRY 

BEGINNING  OF  CIVILIZATION  IN  THE  LAND  OF  THE  DAKOTAS — THE  OLD  HAND-PRESS 

THE     FIRST    DAKOTA     NEWSPAPER THE     FIRST     PERMANENT     NEWSPAPER THE 

TREATY  OF  185I THE  MASSACRE  OF  LIEUTENANT  GRATTAN  AND  HIS  MEN THE 

VERMILION  SETTLEMENT HARNEY's  PUNITIVE  EXPEDITION FORT  PIERRE  AS  A 

MILITARY  POST — THE  BATTLE  OF  BLUE  WATER  OR  ASH    HOLLOW FIRST  ORGAN- 
IZED   SETTLEMENT    IN    SOUTH    DAKOTA — FOUNDING    OF    SIOUX    FALLS — DAKOTA 

CHRISTENED BIG  SIOUX   COUNTY  ORGANIZED ^TOWNSITES  ON  THE  SIOUX THE 

TREATY   OF    1858 CAPT.    JOHN    B.    S.   TODD FORTS   RANDALL   AND    ABERCROMBIE 

ESTABLISHED THE  BON   HOMME  SETTLEMENT — THE  FIRST  SCHOOLHOUSE — ELK 

POINT — CHARLES      MIX      COUNTY THE      PONCA      AGENCY DAKOTA      TERRITORY 

PROCLAIMED CHARLES  F.  PICOTTE FIRST  DAKOTA  POSTOFFICES. 

At  the  doorway  of  his  wigwam 
Sat  the  ancient  arrow-maker, 
In  the  land  of  the  Dakotas, 
Making  arrowheads  of  jasper, 
Arrowheads  of  chalcedon5% 
At  his  side,  in  her  beauty, 
Sat  the  lovely  Minnehaha, 
Sat  his  daughter,  Laughing  Water. 

— Henry  W.  Longfellow. 

IN  THE  LAND  OF  THE  DAKOTAS 

Beginning  with  the  treaties  of  1825  by  the  Indians  on  the  upper  Missouri 
River  and  the  estabhshment  of  the  organized  fur  trade  on  that  stream  and  its 
tributaries,  events  rapidly  followed,  tending  to  confirm  the  Indian  fears  that 
their  hunting  grounds  would  soon  be  taken  from  them,  and  to  stir  them  to  fierce 
resistance.  The  Dakotas  were  contemplating  encroachments  on  their  weaker 
western  neighbors,  when  they  beheld  a  wave  of  white  settlement  coming  from 
the  West  as  well  as  from  the  South  and  East,  crowding  toward  the  very  heart 
of  the  Sioux  countrv\ 

In  1832  Fort  Pierre  had  become  the  head  of  the  fur  trade  on  the  upper 
Missouri,  and  steamboats  had  begun  making  regular  trips  to  that  point  and 
beyond. 

In  1838  Jean  Nicholas  Nicollet,  assisted  by  Second  Lieut.  John  Charles 
Fremont  of  the  United  States  Topographical  Engineers,  appointed  for  that 
purpose  by  President  Martin  ^^an  Buren,  came  to  Fort  Pierre  on  the  steamer 

205 


206  HISTORY  OF  NORTH  DAKOTA 

Antelope  for  exploration.  Leaving  the  Missouri  River  at  the  mouth  of  the 
James,  or  Dakota  River,  they  extended  their  explorations  to  the  Devils  Lake 
region,  returning  East  via  St.  Paul. 

It  was  while  in  ^^'ashington  preparing  his  report  that  Lieutenant  Fremont 
made  the  acquaintance  of  his  future  wife,  Jessie  Benton,  daughter  of  Senator 
Thomas  H.  Henton  of  Missouri,  which  ripened  into  affection  and  resulted  in  an 
elopement,  and  an  assignment  of  Fremont  for  exploration  in  Iowa,  followed  by 
pathhnding  in  the  Rocky  ^vlountains  in  1842-44.  Fremont  came  to  be  known  as 
the  Great  Pathfinder,  and,  in  1856,  was  the  first  republican  candidate  for 
President  of  the  United  States,  and  later  a  distinguished  major  general  in  the 
Civil  war.  It  will  be  noticed  that  the  foundation  of  his  fame  and  that  of  his 
love  for  the  beautiful  daughter  of  Senator  Benton  were  laid  in  the  land  of  the 
Dakotas — the  land  of  the  arrow-maker's  daughter,  Minnehaha. 

Overland  immigration  to  Oregon  commenced  in  1841.  In  1847  Ltah  was 
occupied  by  the  Mormons,  and  for  the  protection  of  immigrants  and  others 
passing  over  the  country,  and  of  the  frontier  settlements,  military  posts,  as  they 
had  been  projected,  were  established,  followed  by  the  creation  of  new  territories 
and  the  admission  of  new  states.  In  February,  1848,  gold  was  discovered  in  a 
mill-race  at  Coloma,  Cal.,  by  James  W.  Marshall,  a  native  of  New  Jersey,  who 
had  just  finished  building  a  sawmill,  by  Indian  labor,  for  Col.  John  A.  Sutter, 
a  Swiss,  w'ho  resided  at  a  fort  near  Sacramento.  The  gold  was  in  the  form 
of  a  long,  irregular  pumpkin  seed  and  was  tested  at  Monterey.  The  first  few 
months  Marshall  employed  about  one  hundred  Indians  from  Monterey  to  wash 
out  gold  at  Webber  Creek,  six  miles  from  Coloma.  There  were  then  only  three 
white  men  in  that  region,  but  the  discovery  of  gold  turned  the  tide  of  immigra- 
tion in  that   direction. 

Fort  Kearney  was  built  in  1848,  and  the  trading  post  on  the  north  fork  of 
the  Platte  known  as  Fort  Kearney  was  purchased  in  1849  and  converted  into  a 
military  post,  bearing  the  name  of  Fort  Laramie. 

THE    OLD    HAND-PRESS 

As  early  as  1843  a  printing  outfit  was  brought  to  Lancaster,  Grant  County, 
Wis.,  for  the  first  weekly  paper  of  that  lead-mining  region.  It  was  subse- 
quently owned  by  James  M.  Goodhue,  a  talented  and  progressive  editor,  who, 
being  ambitious  for  a  larger  field,  closed  his  office  and  removed  to  St.  Paul  in 
the  autumn  of  1848.  On  the  same  steamer  with  him  was  a  young  man  from  the 
same  village,  named  John  B.  Callis,  who  helped  Goodhue  unload  his  freight 
upon  the  river  bank  at  the  Village  of  St.  Paul. 

Fifty-eight  years  later,  September  6,  igo6,  Gen.  John  B.  Callis,  the  noted 
colonel  of  the  Seventh  Wisconsin  Infantry  of  the  Iron  Brigade,  rested  on  his 
crutches  in  the  splendid  office  of  the  St.  Paul  Pioneer-Press  during  the  Grand 
Army  encampment  for  that  year,  and  narrated  to  reporters  how  he  had  brought 
.the  first  font  of  type  and  the  first  press  into  the  town,  with  "Jim"  Goodhue, 
famous  in  its  development. 

It  is  not  well  known  how  many  poor  pioneer  printers  of  the  Northwest  had 
inherited  that  little  machine,  to  print  "final  proof"  sheets  in  far-away  frontier 
townsites.     It  met  its  fate  at  Sioux  Falls  and  was  buried  and  forgotten  among 


HISTORY  OF  NORTH  DAKOTA  207 

the  scrap-iron.  Later  still  it  became  known  to  Senator  Richard  F.  Pettigrew 
that  at  the  back  door  of  a  humble  house  of  his  home  city  was  the  platen  of  the 
much-traveled  old  press,  serving  in  the  useful  capacity  of  a  door-step.  The 
senator  bought  it  and  gave  it  an  honorable  place  among  historic  relics  of  the 
Northwest  territories  in  the  State  Historical  Society. 

THE   FIRST   DAKOTA    PRINTING   PRESS 

The  first  printing  press  in  Dakota  was  purchased  at  Cincinnati,  Ohio,  in  1848, 
and  was  the  gift  of  Oberlin  College  students  to  Rev.  Alonzo  Barnard,  a 
Presbyterian  missionary,  about  to  be  stationed  at  St.  Joseph,  now  Walhalla,  N.  D. 
It  was  brought  up  the  Mississippi  in  the  summer  of  1849,  from  Cass  Lake  in 
canoes  down  the  Red  Lake  and  Red  River  to  Pembina,  and  from  there  trans- 
ferred to  St.  Joseph,  in  a  Red  River  cart,  and  thence  to  Fort  Garry,  now 
Winnipeg,  where  it  was  used  by  Dr.  Schultz  in  printing  the  Northwester,  the 
first  newspaper  published  on  the  Red  River. 

THE    FIRST    I)AKOT.\    NEWSPAPER 

July  2,  1859,  Samuel  J.  Albright  established  the  Dakota  Democrat  at  Sioux 
Falls  City,  the  first  newspaper  published  within  the  limits  of  Dakota  Territory. 
Mr.  Albright  had  been  connected  with  the  Free  Press  at  St.  Paul.  At  the  date 
of  the  issue  of  the  Sioux  Falls  Democrat  there  were  less  than  two  score  of  people 
at  Sioux  Falls  City.  The  publication  was  suspended  in  March,  i860,  during  the 
absence  of  Mr.  Albright,  until  December,  i860,  when  it  was  revived  as  the 
Western  Independent,  and  was  published  occasionally  thereafter  until  March, 
1861,  by  J.  W.  Stewart.  According  to  the  record  given  above,  Mr.  Albright's 
was  not  the  first  printing  press  in  Dakota.  The  Dakota  Republican,  the  first 
permanent  newspaper  in  Dakota,  was  established  by  J.  Elwood  Clark  and  James 
Bedell  September  6,  1861. 

THE  TREATY  OF   185I 

Minnesota  Territory  was  organized  in  1849.  The  plains  west  of  the  Missouri 
River  were  occupied  by  Indian  Tribes  claiming  them  under  undefined  hereditary 
rights,  or  by  the  power  of  might.  The  Laramie  treaty  of  185 1  defined  the 
boundaries  of  their  several  claims.  The  Mendota  treaties  of  185 1  ceded  Indian 
lands  lying  on  and  extending  to  the  western  boundary  of  Minnesota  Territory. 
These  treaties  were  made  without  the  consent  of  the  masses  of  the  tribes  and 
were  not  accepted  by  them.  There  were  bad  hearts  and  hot  blood  among  the 
Indians. 

Fort  Rilev  in  Kansas  and  Fort  Ridgeley  in  Minnesota,  the  main  reliance  of 
the  settlers  of  Dakota  in  1862,  as  related  in  Chapter  XIII,  were  built  in  1852. 

THE  MASSACRE  OF  LIEUTENANT  GRATTAN   AND  HIS   MEN 

In  June,  1853,  two  young  Indians  fired  their  guns  into  the  air,  in  the  vicinity 
of  a  frontier  military  post,  contrary  to  military  regulations,  lest  alarm  be  created 


208  HISTORY  OF  NORTH  DAKOTA 

among  passing  immigrants  or  others  having  a  right  to  be  in  the  Indian  country 
limit.  Henry  13.  Fkmming,  then  stationed  at  Fort  Laramie,  was  sent  to  the  Indian 
village  with  a  detail  of  soldiers  and  demanded  the  surrender  of  the  two  young 
men.  The  Indians  failing  to  comply  with  his  demand,  he  ordered  his  men  to  tire 
on  the  Indians,  killing  three  and  wounding  several  others,  and  seized  two  young 
braves  whom  he  carried  away  for  punishment.  Indian  depredations  followed  as 
a  natural  result. 

August  19,  1854,  Lieutenant  John  L.  Grattan  of  the  Sixth  United  States 
Infantry,  who  was  placed  in  command  of  a  detail  of  seventeen  men,  which  he  had 
increased  by  unauthorized  volunteers  to  thirty-one,  went  to  the  Indian  village 
of  Singing  Bear,  and  demanded  the  surrender  of  the  Indians  who  had  committed 
this  alleged  depredation.  There  were  upwards  of  a  thousand  Indians  in  the  camp 
awaiting  the  payment  of  their  annuities  and  preparing  for  their  autumn  hunt. 
Singing  Bear,  who  was  friendly  to  the  whites,  asked  for  time,  which  was  denied, 
and  Lieutenant  Grattan  ordered  his  men  to  fire.  Singing  Bear  fell  mortally 
wounded,  and  though  he  pleaded  with  his  men  not  to  retaliate,  in  less  than  five 
minutes  Lieutenant  Grattan  and  his  thirty-one  men  lay  dead,  sacrificed  to  the  fury 
of  the  Indians  led  by  Little  Thunder,  father  of  Spotted  Tail,  who  succeeded  Sing- 
ing Bear  in  command  of  the  camp.  Their  vengeance  fell  like  a  bolt  from  heaven — 
not  a  man  from  the  command  of  the  indiscreet  young  officer  escaped. 

The  Indians  then  formed  into  small  bands,  and  many  immigrants  and  others 
suffered  the  loss  of  life  or  property  as  the  result  of  Lieutenant  Grattan's  rash  act. 

THE  \'ERMII.ION  SETTLEMENT 

Nebraska  Territory  was  organized  in  1854.  At  \'ermilion,  S.  D.,  on  the 
l)order  of  Nebraska,  Robert  Dickson,  and  subsequently  the  American  Fur  Com- 
pany, established  trading  posts,  as  related  in  Chapter  XI,  and  Capt.  Henry 
\''anderburg  of  the  Leavenworth  Punitive  Expedition  of  1823,  settled  there  in 
1855.  Alexander  C.  Young,  who  came  to  Fort  Pierre  in  1834,  retired  from  the 
fur  trade  and  settled  on  a  ranch  near  Vermilion  at  the  same  time,  and  Henry 
Kennedy  in  1859.  In  this  year  a  Norwegian  colony  located  here,  among  them 
Ole  Olson,  Henry  Severson  and  Syvert  H.  Myron,  and  James  McHenry  erected 
a  store  building,  the  first  permanent  improvement  in  the  village.  George  Brown, 
Parker  N.  Brown,  Marcellus  Lathrop,  Miner  Robinson,  Ole  Bottolfson  and  about 
a  dozen  other  settlers  came  that  year.  Mrs.  Lathrop  and  Mrs.  George  Brown 
were  the  first  white  women  to  settle  in  Clay  County.  Hon.  Andrew  J.  Harlan 
and  a  number  of  others  came  in  1861. 

Notable  events  in  the  history  of  the  territory  were  the  first  wedding  ceremony, 
which  took  place  at  Vermilion  in  i860,  when  Jacob  Deuel — for  whom  Deuel 
County,  South  Dakota,  was  named — and  Miss  Robinson  were  married;  the  first 
Methodist  service,  i860,  conducted  by  the  Rev.  S.  F.  Tngham,  who  reached 
that  village  October  13,  i860;  the  Presbyterian  Church,  built  in  1861,  claimed 
to  have  been  the  first  church  edifice  erected  in  South  Dakota,  known  as  Father 
Martin's  Church,  Rev.  Charles  D.  Martin,  pastor,  where  was  held  the  first 
religious  meeting  and  where  was  installed  the  first  church  bell  aside  from  the  one 
by  Father  Belcourt  at  St.  Joseph ;  the  first  term  of  court  in  Dakota,  Judge  Lorenzo 
P.  WilHston  presiding,  convened  at  Vermilion  the  first  Monday  in  August,  1861. 


HISTORY  OF  NORTH  DAKOTA  209 

Harney's  expedition 

Growing  out  of  the  Grattan  massacre,  the  Harney  expedition  was  authorized 
March  23,  1855,  and  sent  to  punish  the  Indians.  Four  companies  of  the  Second 
United  States  Infantry,  then  stationed  at  Cariisle  Barracks,  Pennsylvania,  and 
two  stationed  at  Fort  Riley,  Kan.,  were  ordered  to  proceed  to  Fort  Pierre  and 
establish  a  military  post  at  that  point.  The  expedition  was  to  consist  of  about 
a  thousand  officers  and  men,  some  being  then  stationed  at  Forts  Laramie  and 
Kearney,  Neb.,  and  others  to  be  assembled  at  points  designated. 

For  the  transportation  of  troops,  equipment  and  supplies  the  Government 
purchased  the  steamers  William  Baird  and  Grey  Cloud  and  chartered  others. 
Supply  depots  were  established  at  Forts  Laramie,  Kearney  and  Pierre. 

FORT  PIERRE  .\S  .\    MILIT.KRV   POST 

The  purchase  and  occupation  of  Fort  Pierre  as  a  military  post  in  1855  was 
really  the  beginning  of  the  occupation  of  the  Dakotas  for  other  than  trading 
])urposes,  excepting  an  occasional  settler  identified  with  the  Indians  in  some 
manner. 

For  the  supply  depot  at  Fort  Pierre,  Quartermaster  General  Thomas  S.  Jessup 
negotiated  for  the  purchase  of  the  trading  post  at  that  point,  through  Honore 
Picotte,  representing  Pierre  Choteau,  Jr.,  &  Company,  on  behalf  of  the  American 
Fur  Company,  the  delivery  being  made  by  Maj.  Charles  E,  Galpin  on  behalf  of 
said  company.  The  purchase  price  was  ^45,000.  The  contract  called  for  delivery 
June  I,  1855,  and  with  such  delivery  Fort  Pierre  ceased  to  be  a  trading  post  and 
became  a  military  establishment. 

The  buildings  at  Fort  Pierre  numbered  twenty,  within  a  stockade  inclosing 
about  two  acres.  They  included  a  store  building,  a  100  by  24-foot  warehouse, 
quarters  for  the  employes,  sawmill,  shops  for  the  blacksmith,  carpenter  and 
saddler,  stables  and  powder-house,  the  latter  of  concrete  and  the  others  of  logs. 

July  7,  1855,  the  Arabia  arrived  with  Company  G,  Second  United  States 
Infantry,  numbering  100  officers  and  men.  The  Grey  Cloud  followed  with 
Company  A.  eighty-two  men,  and  the  William  Baird  with  Company  I,  fifty-four 
men,  under  command  of  Capt.  IFenry  W.  Wessels.  Maj.  R.  Montgomery,  the 
regimental  commander,  and  the  first  commander  of  the  post,  arrived  the  next 
week  with  Paymaster  Maj.  .Augustus  W.  Gaines,  Capt.  Parmea  T.  Turnley, 
Assistant  Quartermaster  Capt.  Marcus  D.  Simpson,  Assistant  Commissary  of 
Subsistence  Capt.  Thomas  C.  Madison,  assistant  surgeon,  and  Lieutenant  Gouv- 
erneur  K.  Warren  of  the  Topographical  Engineers.  August  2d,  Capt.  Nathaniel 
Lyon  arrived  on  the  Clara  with  thirty-seven  men  of  Company  C  and  thirty-five 
of  Company  B.  Capt.  William  M.  Gardner  arrived  on  the  Genoa  August  loth 
with  eighty-two  officers  and  men.  Captain  Lyon,  six  years  later  a  distinguished 
brigadier-general  in  the  Civil  war,  was  killed  at  Wilson  Creek  August  10,  i86r, 
and  Lieutenant  Warren  became  a  major  general  of  distinction  in  the  same  war. 

Captains  Charles  S.  Lovell  and  Alfred  Sully,  with  Companies  A  and  F, 
marched  o\erland  from  Fort  Ridgeley,  Minn.  Captain  Sully,  in  1861,  was  colonel 
of  the  First  Minnesota,  and  afterwards  brigadier  general  in  command  of  the 
-Sully  expedition  of  1863-64,  which  fought  several  battles  on  Dakota  soil.  Fort 
Sully  was  named  for  him. 

Vol.  1—14 


210  HISTORY  OF  NORTH  DAKOTA 

THE  BATTLE  OF  BLUE  WATER  OR  ASH   HOLLOW 

Being  ready  for  the  campaign,  the  expedition  marched  into  the  Sioux  country. 
September  3,  1855,  Little  Thunder,  an  unusually  stalwart  and  intelligent  Indian, 
and  his  band,  were  at  the  mouth  of  a  broad  canyon  on  the  north  fork  of  the 
Platte  River,  engaged  in  their  annual  autumn  hunt — preparing  their  winter  supply 
of  food.  Their  women  and  children  were  with  them;  grazing  for  their  horses  was 
good,  and  there  was  plenty  of  fuel  for  the  care  of  the  meat ;  buffalo,  deer  and 
elk  were  abundant.  It  was  an  ideal  hunting  ground,  and  it  was  evident  they 
feared  no  attack  and  anticipated  none.  But  Brig.-Gen.  William  S.  Harney, 
according  to  the  purpose  for  which  he  was  sent  into  that  countrj^  attacked  them 
with  Companies  E  and  K,  Second  Dragoons;  G,  Fourth  Artillery;  A,  E,  H,  I  and 
K,  Sixth  Infantry  and  E,  Tenth  Infantry,  without  warning.  Harney's  loss  was 
five.  The  Indian  loss  was  eighty-six  killed  and  seventy  wounded,  among  them 
many  women  and  children.  But  this  was  the  only  battle  of  the  campaign.  The 
Indians  sued  for  peace  and  a  treaty  of  peace  followed. 

AFTER   THE   BATTLE 

General  Harney's  command  returned  to  the  several  supply  points,  and  General 
Harney  to  the  work  of  establishing  a  permanent  military  post  on  the  Missouri 
River. 

Fort  Pierre  was  not  a  suitable  place  in  his  opinion,  owing  to  lack  of  timber 
and  meadow  for  a  permanent  military  post.  Lieutenant  Warren  surveyed  270 
square  miles  on  the  proposed  military  reservation,  finding  but  lo.ooo  acres  of 
meadow  and  timber  land.  Accordingly  another  point  was  selected  and  the  force 
at  Fort  Pierre  was  distributed  in  the  main  to  other  points  for  the  winter. 

Captains  Lovell  and  Sully  with  their  companies  remained  at  Fort  Pierre. 
Captain  Wessels  established  a  winter  camp  five  miles  above  Fort  Pierre,  on  the 
east  side  of  the  river.  Captain  Gardner,  Camp  Miller,  eighteen  miles  above  on 
the  east  side ;  Captain  Cady,  Camp  Bacon,  ten  miles  above  Fort  Pierre ;  Captain 
Howe,  Camp  Canfield,  between  the  White  and  Niobrara  rivers. 

Fort  Lookout,  opposite  Chamberlain,  had  become  an  important  trading  post, 
and  was  ambitious  to  become  the  permanent  military  post.  The  headquarters 
was  at  this  point  under  Capt.  Nathaniel  Lyon. 

After  the  battle  with  Harney's  command  Spotted  Tail  and  two  yoimg  braves 
from  his  father's  camp  came  to  the  fort,  in  full  regalia,  and  offered  their  lives 
to  save  their  tribe  from  further  punishment. 

Fort  Pierre  was  abandoned  in  May,  1857.  as  a  military  post,  though  its  occu- 
pation was  continued  by  Captains  Sully  and  Lovell  until  1858,  when  they 
returned  overland  to  Fort  Ridgeley.  Captains  Albemarle  Cady  and  Marshall  S. 
Howe  were  among  the  officers  of  that  period  at  Fort  Pierre. 

After  the  sale  of  Fort  Pierre  for  a  military  post,  a  trading  post  was  established 
four  miles  above  Fort  Pierre  by  Joseph  La  Frambois,  known  as  Fort  La  Frambois. 
It  was  here  that  the  Indian  chief  Bear  Rib,  as  narrated  in  Chapter  XII,  was 
murdered  May  27,  1862,  by  men  of  his  tribe,  for  receiving  annuities  intended  for 
Indians  who  had  refused  to  receive  them,  fearing  that  it  involved  the  sale  of 
their  land,  which  many  of  the  Indians  were  determined  not  to  permit. 


HISTORY  OF  NORTH  DAKOTA  211 

FIRST  ORGANIZED  SETTLEMENT  IX   SOUTH  DAKOTA 

That  portion  of  South  Dakota  east  of  the  Big  Sioux,  ceded  by  the  Mendota 
treaty  of  1851,  left  in  unorganized  territory  by  the  admission  of  Minnesota  in 
-May,  1858,  was  organized  by  the  last  Territorial  Legislature  of  Minnesota  as 
Big  Sioux  and  Midway  counties,  Sioux  Falls  being  the  county  seat  of  the  former 
and  Medary  of  the  latter.  Flandrau,  or  Flandreau,  as  it  came  to  be  officially 
known,  was  the  county  seat  of  Rock  County,  also  created  by  the  Minnesota 
I^egislature. 

William  Wallace  Kingsbury,  the  last  territorial  delegate  in  Congress  from  the 
Territory  of  Minnesota,  continued  to  draw  his  pay  as  a  delegate  from  Minnesota 
until  the  end  of  his  term,  March  3,  1859,  and  to  be  entitled  to  a  seat  in  Congress 
as  such.  He  resided  at  Endion,  Minn.  He  came  from  Towanda,  Pa.,  and  died 
at  Tarpon,  Fla.,  April  17,  1892. 

FOUNDING   OF    SIOUX    FALLS 

In  Jean  X.  Xicollet's  report  of  his  explorations,  published  under  the  title  of 
"Nicollet's  Travels  in  the  Northwest  in  1839,"  he  gave  a  graphic  description  of 
Sioux  Falls  which  attracted. the  attention  to  that  region  of  Dr.  J.  M.  Staples  of 
Dubuque,  Iowa,  who  organized  a  company  consisting  of  himself.  Mavor  Hether- 
ington  of  that  city,  Dennis  Mahoney  (afterwards  editor  of  the  Dubuque  Herald), 
Austin  Adams,  George  P.  Waldron,  William  Tripp.  Wilmot  W.  Brookings  and 
Dr.  J.  L.  Philips  known  as  the  Western  Townsite  Company  of  Dubuque,  Iowa. 

In  October,  1856,  Ezra  Millard,  then  of  Sioux  City,  Iowa,  later  of  Omaha. 
Xeb.,  and  David  !M.  Mills,  representing  this  company,  went  to  Sioux  Falls  for 
the  purpose  of  locating  a  townsite  at  that  point,  but  their  first  sight  of  the  falls 
was  interrupted  by  a  party  of  Sioux  Indians,  who  angrily  turned  them  away  and 
ordered  them  to  stay  not  beyond  the  rising  of  the  morning  sun.  The  Indians 
appeared  to  be  in  possession  and  in  earnest,  and  so  they  went ;  but  Mr.  Mills 
returned  a  few  weeks  later,  built  a  house,  staked  a  claim,  and  held  his  ground 
until  the  next  spring,  when  he  was  joined  by  Jesse  T.  Jarrett,  Barclay  Jarrett, 
John  McClellan,  James  Farrell  and  Halvor  Olsen.  Jesse  Jarrett  was  in  charge  of 
the  party  and  located  for  the  Western  Townsite  Company  320  acres,  described 
as  the  NW  '4  Sec.  9  and  NE  '4  Sec.  16,  T.  lOi,  N.,  R.  40  W.,  5th  P.M.,  naming 
their  location  Sioux  Falls. 

In  June.  1857.  the  Dakota  Land  Company  was  organized  at  St.  Paul  for  the 
purpose  of  colonizing  that  portion  of  the  lands  ceded  in  1851  at  Mendota.  not 
included  in  the  pending  bill  for  the  admission  of  Minnesota,  which  would  be  left 
as  unorganized  territory  if  the  bill  passed. 

Judge  Charles  E.  Flandrau  of  St.  Paul.  Jefferson  P.  Kidder,  Alpheus  G.  Fuller. 
Joseph  E.  Gay,  Samuel  J.  Albright.  Baron  Freidenreich,  James  M.  Allen,  Franklin 
J.  Dewitt.  Byron  M.  .Smith.  Colonel  William  H.  Noble  and  others  were  associated 
in  this  enterprise.  Colonel  Noble  had  laid  out  and  worked  a  road  across  the 
unsurveyed  country.  The  purpose  of  the  company  was  to  acquire  desirable  lands 
for  settlement  and  townsite  purposes  and  to  lay  the  foundation  for  a  new 
territory. 

The  following  members  of  the  company,  or  its  employes,  left  St.  Paul  early 


212  HISTORY  OF  NORTH  DAKOTA 

in  June,  1857,  going  by  steamboat  on  the  ^klinnesota  River  to  the  most  available 
point,  and  thence  o\erland  to  the  Big  Sioux,  viz. ;  Franklin  ].  Dewitt,  Alpheus 
G.  Fuller,  Samuel  A.  Medary.  Jr..  J.  K.  Brown,  Col.  William  H.  Noble,  B.  F. 
Brown,  James  L.  FisUe,  Artemas  Gale,  James  M.  Allen,  William  Settley,  Byron 
M.  Smith,  A.  J.  Kilgore  and  Arnold  Merrill.  On  leaving  the  Minnesota  River 
they  divided  into  three  parties. 

Alpheus  G.  Fuller,  Byron  M.  Smith,  Col.  William  H.  Noble,  .\rtemas  Gale, 
James  M.  Allen,  A.  J.  Kilgore  and  James  L.  Fiske  reached  Sioux  Falls  about 
June  20th  and  found  the  Dubuque  party  mentioned  abo\e  had  preceded  them. 
They  were  warmly  welcomed,  however. 

D-\KOT.\    CHRISTENED 

The  St.  Paul  party  organizeil,  located  320  acres  by  land  scrip,  voted  that  the 
new  territory  they  came  to  found  should  be  called  Dakota,  and  that  Sioux  Falls 
City  should  be  its  capital. 

The  party  headed  by  Dewitt  located  at  Flandrau,  in  the  unorganized  county  of 
Rock,  and  the  one  headed  by  Medary  located  at  Medary  in  Midway  County. 
Sioux  Falls  was  to  be  the  initial  point  for  their  operations. 

The  Sioux  Falls  contingent  left  James  McBride  and  James  L.  Fiske  to  repre- 
sent them,  and  the  Dubuque  party  Jesse  Jarrett,  Barclay  Jarrett,  John  McClellan, 
James  Farwell  and  Halvor  Olsen  in  charge  of  their  interests. 

In  July.  1857,  the  Indians  became  very  threatening  and  some  of  the  party 
left  on  that  account. 

August  23,  1857,  Jesse  T.  Jarrett,  John  McClellan.  Dr.  J.  L.  Phillips,  Wilmot 
\\'.  Brookings,  David  M.  Mills,  A.  J.  Kilgore,  S.  B.  Atwood,  Smith  Kinsey,  James 
Callahan  and  Mr.  Godfrey  returned,  armed  and  provisioned  to  hold  the  ground 
selected.  They  brought  a  saw  mill  and  other  equipment.  Mr.  Brookings  was 
appointed  superintendent.  Later  James  M.  Allen,  William  Little,  James  W. 
Evans,  James  I..  Fiske  and  James  McBride  arrived  and  erected  several  buildings, 
including  a  store  and  three  dwelling-houses. 

That  fall  James  M.  Allen,  William  Little,  James  W.  Evans,  James  L.  Fiske, 
James  McBride.  James  McCall  and  C.  Merrill  of  the  St.  Paul  colony  arrived. 

In  1858  John  Goodwin  and  wife,  Charles  S.  White  and  daughter  Ella,  and 
Amos  Duley  and  wife  came.  The  latter  later  returned  to  Lake  Shetek,  Minn., 
where  Mr.  Duley  was  killed,  and  his  wife  and  daughter  made  captive  in  the 
Sioux  uprising  of  1862.  They  were  ransomed  by  Maj.  Charles  E.  Galpin,  acting 
for  Dakota  settlers.  William  Stevens,  Samuel  Masters,  Henry  Masters,  J.  B. 
Greenway,  George  P.  Waldron  and  Margaret  Callahan,  who  later  wedded  J.  B. 
Barnes,  Joseph  B.  Amidon  and  family,  John  Lawrence,  Berne  C.  Fowler, 
J.  B.  Barnes,  John  Rouse,  James  W.  Lynch,  Jefferson  P.  Kidder,  Samuel  F. 
Brown  and  N.  F.  Brown  were  settlers  that  year,  and  Alpheus  G.  Fuller  returned 
from  Washington,  having  been  unsuccessful  in  securing  recognition  by  Congress 
as  a  delegate  for  the  proposed  new  territory,  to  which  position  he  had  been 
appointed  by  the  county  commissioners  of  Big  Sioux  County. 

The  Alinnesota  Legislature  had  created  the  counties  of  Pembina,  Rock,  Big 
Sioux  and  Midway,  and  when  admitted  as  a  State,  portions  of  Pembina  and 
Rock,  and  all  of  the  Big  Sioux  and  Midway  were  left  in  unorganized  territory. 


JUDGE   JEFFERSON  P.  KIDDER,   1865 

Delegate  to  Congress  from  1S75  to  1879. 
Judge  of  the  United  States  District  Court, 
first  Dakota  district  from  1865  to  1875  and 
from  1879  to  1883.     Died  in  office. 


COLONEL   ENOS    STUTSMAN 


HISTORY  OF  NORTH  DAKOTA  213 

BIG  SIOUX  COUNTY  ORGANIZED 

This  county  was  organized  by  Governor  Alexander  Ramsey  of  Minnesota,  by 
the  appointment  of  \\'illiam  Little,  James  McBride  and  A.  L.  Kilgore  county 
commissioners,  James  AI.  Allen  register  of  deeds,  James  X.  Evans  sheriff,  James 
L.  Fiske  judge  of  probate,  Wilmot  W.  Brookings  district  attorney,  Dr.  J.  L. 
Phillips  and  James  AlcCall  justices  of  the  peace.  The  Dakota  Legislature  of 
1862  changed  the  name  of  the  county  to  Minnehaha,  and  confirmed  the  acts  of 
the  officers  after  the  admission  of  Minnesota. 

TOWNSITES   ON    THE    SIOUX 

Townsites  were  also  located  by  the  Dakota  Land  Company  at  Flandrau,  Rock 
County  (now  Flandrau,  Moody  County),  at  Medary,  Midway  County,  fifteen 
miles  north  of  Flandrau  on  the  Big  Sioux,  where  the  Government  trail  crossed 
that  stream ;  at  Renshaw,  twenty  miles  north  of  Medary,  and  at  Eminja,  in 
\'ermilion  County,  and  Commerce  City  at  the  great  bend  of  the  Big  Sioux,  half 
way  between  Sioux  Falls  and  the  Missouri  River. 

There  were  about  a  dozen  settlers  at  Medary,  but  in  1858  they  were  driven 
out  by  the  Indians.  Flandrau  was  also  abandoned,  and  an  attempt  was  made  to 
drive  out  the  settlers  at  Sioux  Falls,  which  did  not  succeed  until  the  uprising 
of  the  Indians  in  1862,  when  Joseph  B.  Amidon  and  his  son  William  were  killed 
by  the  Indians  and  Sioux  Falls  became  depopulated  for  nearly  six  years.  After 
the  settlers  left,  the  Indians  burned  the  village.  Wilmot  W.  Brookings,  George 
P.  Waldron  and  family,  Berne  C.  Fowler  and  wife,  James  W.  Evans,  Barclay 
Jarrett,  Charles  S.  White  and  family,  William  Stevens,  Mrs.  Amidon  and  family 
and  John  McClellan  went  to  "S'ankton ;  Amos  Shaw  went  to  Vermilion ;  Dr.  J.  L. 
Phillips  and  Henry  Masters  and  wife  returned  to  Dubuque,  Iowa.  There  was 
another  person  there  named  Foster,  who  was  with  the  Yankton  party,  which  was 
aided  by  Lieut.  James  A.  Bacon  of  Company  A,  Dakota  Cavalry,  to  make  good 
their  escape.  This  company,  consisting  of  forty-one  men,  was  encamped  at  Sioux 
Falls  when  the  Indians  attacked. 

THE  TRE.\TY  OF   1 858 

.\pril  19,  1858,  a  treaty  was  negotiated  at  Washington  by  Charles  E.  Mix, 
commissioner  on  behalf  of  the  United  States,  and  sixteen  Yankton  Sioux  chiefs — 
three  of  them  represented  by  Charles  F.  Picotte.  their  agent — ceding  the  lands 
to  the  United  States  in  Southeastern  Dakota  described  as  follows : 

Beginning  at  the  mouth  of  the  Tehan-kas-an-data,  or  Calumet  or  Big  Sioux 
River;  thence  up  the  Missouri  River  to  the  mouth  of  Pa-hoh-wa-kan  or  East 
Medicine  Knoll  River ;  thence  up  said  river  to  its  head ;  thence  in  a  direction  to 
the  head  of  the  main  fork  of  the  Won-dusk-kah-for  or  Snake  River;  thence  down 
said  river  to  its  junction  with  the  Tehan-san-gan  or  Jacques  or  James  River; 
thence  in  a  direct  line  to  the  northern  point  of  Lake  Kampeska ;  thence  along  the 
northern  shore  of  said  lake  and  its  outlet  to  the  junction  of  said  outlet  with 
the  said  Big  Sioux  River;  thence  down  the  Big  Sioux  River  to  its  junction  with 
the  Alissouri  River. 


214  HISTORY  OF  NORTH  DAKOTA 

This  cession  included  all  islands  in  the  Alissouri  River  from  Sioux  City  to 
near  Fort  Pierre. 

CAPT.    JOHN    B.    S.    TODD 

Capt.  John  B.  S.  Todd,  a  cousin  of  Mrs.  Mary  Todd  Lincoln,  wife  of  Abraham 
Lincoln,  was  on  duty  at  Fort  Pierre  as  captain  of  Company  A,  Sixth  United  States 
Infantry,  resigning  September  i6,  1856,  to  become  sutler  (military  post  trader) 
at  Fort  Randall,  and  to  become  a  member  of  the  firm  of  Frost,  Todd  &  Co.,  who 
had  trading  posts  at  Sioux  City,  Elk  Point  and  midway  between  Elk  Point  and 
Vermilion ;  one  at  the  latter  place,  one  on  the  James  River  and  one  at  Yankton. 

It  was  the  active  influence  of  this  company  that  brought  about  the  treaty  of 

1858,  one  of  the  firm  being  in  Washington  while  the  negotiations  were  pending 
and  while  the  treaty  was  before  the  Senate,  by  which  it  was  ratified  March  9, 

1859,  being  proclaimed  March  31.  1859.  As  licensed  traders  they  had  the  right 
to  occupy  Indian  territory,  and  through  their  employes  were  able  to  select  and 
occupy  the  lands  desired  for  townsite  purposes,  while  the  Government,  under  its 
treaties,  was  in  duty  bound  to  prevent  others  from  doing  so. 

The  election  of  Abraham  Lincoln  as  President,  in  i860,  naturally  increased 
the  prestige  of  Captain  Todd,  who  was  appointed  by  Mr.  Lincoln  a  brigadier- 
general  of  volunteers  September  19,  1861,  his  appointment  expiring  by  limitation 
July  17,  1862.  General  Todd  was  elected  delegate  to  Congress  when  the  territory 
of  Dakota  was  organized,  and  remained  a  factor  in  its  politics,  business  and 
development  until  his  death.  January  5,  1872. 

FORT   RANDALL  ESTABLISHED 

In  the  spring  of  1856  General  Harney  selected  the  site  for  the  military  post 
at  Fort  Randall,  which  was  named  for  Lieut.  Col.  and  Paymaster  Daniel 
Randall,  then  recently  deceased,  and  on  its  completion  became  an  important 
link  in  the  chain  of  military  posts  designed  for  the  protection  of  the  advancing 
settlements. 

The  first  troops  to  arrive  at  Fort  Randall  to  begin  its  construction  were 
eighty-four  recruits  under  command  of  Lieut.  David  S.  Stanley.  He  and 
Lieut,  and  Quartermaster  George  H.  Page  built  the  fort,  the  buildings  from 
Forts  Pierre  and  Lookout  having  been  removed  to  Fort  Randall  by  Maj.  Charles 
E.  Galpin,  on  the  steamboat  D.  H.  Morton.  Lieut.-Col.  Francis  Lee  commanded 
the  first  garrison  in  the  spring  of  1857.  Lieut.-Col.  John  Munroc  of  the  Fourth 
United  States  Artillery,  was  in  command  of  Fort  Randall  in  i86t,  then  garrisoned 
by  four  companies.  Three  companies  were  sent  east,  leaving  one,  in  command 
of  Capt.  John  D.  Brown,  who  left  without  leave  at  the  breaking  out  of  the  Civir 
war  and  became  a  colonel  in  the  Confederate  army.  He  was  succeeded  at  Fort 
Randall  by  Lieut.  Thomas  R.  Tannett,  who  resigned  to  become  a  captain  in  a 
Massachusetts  regiment  on  the  side  of  the  Union.  In  December,  1861,  Capt. 
Bradley  Mahana  of  the  Fourteenth  Iowa  was  assigned  to  duty  at  Fort  Randall. 

FORT  ABERCROMBIE 

Fort  Abercrombie  was  authorized  by  act  of  Congress,  approved  March  3, 
1857,  to  be  established  at  the  most  eligible  site  near  the  head  of  the  Red  River 


GENERAL  JOHX  B.  S.  TODD 
First  delegate  to  Congress  from  Dakota 


HISTORY  OF  NORTH  DAKOTA  215 

of  the  North,  in  the  vicinity  of  Graham's  Point  in  Minnesota.  It  was  buiU  on 
the  west  side  of  Red  River,  by  a  force  under  the  supervision  of  Lieut. -Col.  John 
J.  Abercrombie  of  the  Second  United  States  Infantry,  which  arrived  August 
28,  1858,  and  spent  the  winter  there.  The  fort  was  abandoned  in  1859,  but 
reoccupied  and  rebuih  in  i860  by  Maj.  Hannibal  Day  of  the  Second  United 
States  Infantry. 

Captain  Markham  of  Company  B,  Second  Minnesota  Volunteers,  relieved  the 
regulars  some  time  in  July,  1861,  and  was  succeeded  by  Capt.  Peter  Mantor  with 
a  detachment  of  Company  C  of  the  Second  Regiment  Minnesota  Volunteers,  who 
were  found  there  by  Company  D,  Fourth  Minnesota  Volunteers,  under  Capt. 
T.  E.  Inman,  mustered  into  the  service  October  10,  1861,  and  immediately 
dispatched  to  Fort  Abercrombie,  arriving  October  22,  1861.  Captain  Inman 
remained  in  command  of  the  fort  until  the  last  of  March,  1862,  when  he  was 
relieved  by  Capt.  John  Vanderhorck,  commanding  Company  D,  Fifth  Minnesota 
Volunteers. 

Fort  Abercrombie  was  the  nucleus  for  the  first  settlement  of  that  region  in 
1858-59  and  one  of  the  principal  points  of  Indian  attack  during  the  uprising  of 
1862,  as  described  in  Chapter  XIII. 

THE   BON    HOMME    SETTLEMENT 

In  May,  1858,  a  party  en  route  to  Pike's  Peak,  from  Dodge  County,  Minne- 
sota, settled  at  Bon  Homme,  D.  T.,  concluding  to  look  for  gold  in  the  grass 
roots  of  Dakota  rather  than  in  the  rocks  of  distant  Pike's  Peak.  The  names 
of  the  party  were  John  H.  Shober,  John  Remune,  Edward  and  Daniel  Gifford, 
Fred  Carman,  John  Mantle,  John  Tallman,  Thomas  J.  Tate,  W.  W.  Warford, 
George  Falkenberg,  Lewis  E.  Jones,  Aaron  Hammond,  wife  and  child;  Reuben 
Wallace  and  H.  D.  Stager.  Another  party  from  Dodge  County,  Minnesota, 
arrived  November  12,  1859,  consisting  of  C.  G.  Irish  and  family,,  John  Butter- 
field,  Jonathan  Brown  and  family,  Francis  Rounds,  Cornelia  Rounds  and  George 
T.  Rounds.  C.  E.  Rowley  and  Laban  H.  Litchfield  arrived  December  26,  1859. 
Most  of  these  became  permanent  settlers.  William  M.  Armour  settled  in  this 
county  in  1858,  but  went  on  to  Pike's  Peak  in  1859. 

The  settlers  were,  however,  ejected  by  the  military  authorities  in  the  fall  of 
1858,  and  moved  across  the  river.  Their  cabins  were  torn  down,  and  the  logs 
thrown  into  the  river  or  burned.  This  course  was  taken  with  all  settlers  on  land 
covered  by  the  Yankton  treaty  of  1858,  and  the  settlers  were  not  suffered  to 
return  until  the  following  spring,  when  the  treaty  was  ratified  and  proclaimed. 
John  H.  Shober  was  a  lawyer,  and  became  prominent  in  the  affairs  of  the 
territory.    George  I.  Tackett  was  a  settler  in  1839. 

FIRST   IN   EDUC.XTION FIRST  SCHOOLHOUSE 

Aside  from  the  Pembina  Mission,  Bon  Homme  had  the  first  school,  and  built 
the  first  schoolhouse  in  Dakota.  The  building  erected  by  Shober  and  other 
settlers  was  14  by  15  feet,  built  of  logs,  with  no  floor,  and  one  six-pane,  8  by  10 
window.  A  monument  at  Bon  Homme  commemorates  the  erection  of  this  school- 
house.    Miss  Emma  Bradford,  whose  father,  Daniel  Bradford,  and  brother  Henry 


216  HISTORY  OF  NORTH  DAKOTA 

came  in  i860,  taught  this  school  that  summer.  The  pupils  were  John,  Ira  and 
Melissa  Brown,  Anna  Bradford,  Anna,  Mary  and  George  McDaniels,  George 
and  Delia  Rounds. 

THE    SETTLEMENT    AT    ELK    POINT 

Eli  B.  Wixson  came  to  Dakota  in  1859,  and  July  22  settled  at  a  place  he 
named  Elk  Point,  and  built  a  large  log  hotel.  The  name  was  given  by  the 
Indians  on  account  of  a  runway  for  elk  between  two  points  of  timber. 

In  1857  William  P.  Lyman,  Samuel  Mortimer,  Arthur  C.  Van  Meter  and 
Samuel  Gerou  settled  on  the  James  River,  near  Yankton. 

OTHER   SETTLEMENTS 

There  were  also  settlements  opposite  Forts  Pierre,  Randall  and  Abercrombie 
and  at  Brule  Creek,,  but  each  was  independent  of  the  other  with  no  concerted 
action. 

Joseph  La  Plant  settled  at  Big  Sioux  Point  in  1849.  John  Brughier  came 
to  Fort  Pierre  in  1836.  He  located  near  the  mouth  of  the  Big  Sioux  River  in 
May,  1849.  John  C.  McBride,  Christopher  Maloney,  Antoine  Fleury,  Adolph 
Mason,  Robear  Primeau,  Archie  Christy,  Gustav  Christy  and  James  Somers 
were  of  this  settlement  prior  to  the  organization  of  Dakota  Territory.  Paul 
Paquette  settled  on  the  Big  Sioux  in  1854,  and  operated  a  ferry.  Austin  Cole 
selected  lands  near  the  ferry  in  1857,  and  became  a  settler  in  1859. 

Milton  M.  Rich,  Mahlon  Gore.  E.  B.  Lamoure  and  Judson  Lamoure  settled 
at  Brule  in  i860.  Other  settlers  that  year  were  M.  B.  Kent,  Myron  Cuykendall, 
A.  B.  Stoddard,  Amos  Dexter,  Orin  Fletcher,  John  Reams  and  Thomas  C. 
Watson. 

George  Stickney  and  family  came  to  Elk  Point  in  i860,  Mrs.  Stickney  being 
the  first  white  woman  to  take  up  her  abode  there.  John  R.  Wood  and  family, 
however,  came  about  the  same  time ;  also  William  .\dams,  Myron  Sheldon, 
Hastings  Scanimond,  David  Benjamin,  N.  J.  Wallace.  J.  A.  Wallace  and  Michael 
Ryan.  Among  other  settlers  at  that  time  in  the  vicinity  of  Elk  Point  were  Elmer 
Seward,  Lester  Seward,  Thaddeus  Andrews,  Carl  Kingsley,  Patrick  Comfort, 
Nicholas  Comfort,  Thomas  Olson,  John  Thompson,  J.  O.  Taylor,  Chris  Thomp- 
_son,  J.  E.  Hoisington.  William  H.  H.  Fate,  James  Fate,  Thomas  Fate,  Ole 
Bottolfson,  Hiram  Stratton,  E.  C.  Collins,  William  Flannery,  K.  P.  Ronne, 
Runyan  Compton,  M.  D.  Weston,  Alvin  Cameron,  R.  H.  Langdon,  David  Pennell, 
Sherman  Clyde,  John  Donovan,  David  Walters,  David  Green,  Howard  Mosier. 
Solomon  B.  Stough,  Daniel  Ballinger.  Silas  Rider,  Hegeick  Townsend,  Anthony 
Summey,  Josiah  Bowman,  Charles  Patton,  Preston  Hotchkiss,  James  Phillips, 
Benjamin  Briggs,  F.  W.  Smyth,  Jacob  Kiplinger,  Patrick  Carey,  Daniel  Con- 
tiolley,  Michael  Currey.  Wesley  McNeil,  George  Geisler,  J.  W.  Vandevere, 
Timothy  Brigan,  L.  K.  Fairchild,  Henry  Rowe,  C.  W.  Briggs,  C.  M.  Northrup, 
Hiram  Gardner,  William  Baldwin,  Frederic  Strobel,  D.  M.  Mills.  W.  W.  Adams, 
Joseph  Dugraw,  M.  LI.  Hoyt,  J.  P.  Benner,  Michael  Ryan,  Charles  LeBreeche, 
Joseph  Y'erter,  Desire  Chaussee  and  Antonia  Rennilards. 


MONUMENT   ERECTED   TO   COMMEMORATE   THE   FIRST    SCHOOL- 
HOUSE  IN  DAKOTA  TERRITORY,  LOCATED  AT  BON  HOMME 


HISTORY  OF  NORTH  DAKOTA  217 

IN   CHARLES    MIX   COUNTY  ' 

There  were  a  few  settlers  in  Charles  Mix  County  in  1858,  engaged  in  con- 
tracting in  connection  with  Fort  Randall.  In  1861  the  population  was  about  fifty, 
among  them  F.  D.  Pease,  E.  M.  Wall,  Felicia  F'allas,  Colin  Lament,  John  Mallert, 
E.  Fletcher,  G.  A.  Fisher,  Joseph  Ellis,  Joseph  \\  Hamilton,  Colin  Campbell, 
William  Bartlett,  Abel  Forcess,  John  Archambault,  Paul  Harol,  Napoleon  Jack 
and  Cardinelle  Grant.  Grant,  reputed  to  be  the  first  white  settler  in  Dakota,  was 
born  in  Canada  in  1765.  Hamilton  was  a  son  of  Major  Thomas  Hamilton  of  the 
United  States  Army,  and  had  been  a  sutler  at  Fort  Snelling  and  Fort  Leaven- 
worth, built  in  1827,  and  was  known  as  Major  Hamilton.  He  was  credited  with 
saving  the  life  of  General  Kearney  and  100  soldiers,  who  had  appeared  unarmed 
at  a  council  with  the  Indians.  Discovering  a  purpose  to  massacre  the  whites. 
Major  Hamilton  seized  a  fiaming  fire-brand,  mounted  a  keg  of  powder,  and  told 
the  Indians  that  unless  they  immediately  threw  down  their  arms  he  would  fire 
the  powder  and  destroy  all,  both  whites  and  Indians.  The  Indians  threw  down 
their  arms  and  the  council  proceeded  without  further  danger. 

THE    I'ONCA    AGENCY 

This  agency  was  the  first  settlement  west  of  the  Missouri  River.  Among  the 
settlers  at  the  Agency  and  in  the  vicinity,  1858  to  1861,  were  J.  Shaw  Gregory, 
James  Tufts,  Robert  M.  Hagaman,  Peter  Keegan,  Jonathan  Lewis,  Harry  Hargis, 
Joel  A.  Potter,  George  Detwiler,  Robert  Barnum  and  Charles  McCarthy,  who 
as  sheriff  of  Burleigh  County  was  drowned  by  breaking  through  the  ice  on  the 
Upper  Missouri,  in  1875.  Gregory  was  a  son  of  Rear  Admiral  Francis  H. 
Gregory,  and  a  man  of  ability.  Gregory  County  was  named  for  him,  and  Potter 
County  for  Joel  A.  Potter.  The  Bijou  Hills  were  named  for  Antoine  Bijou,  an 
early  trader  in  Charles  Mix  County,  according  to  some  authorities,  but  old 
settlers  in  the  vicinity  declare  the  hills  were  named  "Bijou"  because  of  a  great 
number  of  crystals  of  gypsum  sparkling  in  the  sun,  and  visible  at  a  great  distance 
on  the  steep  rain-washed  surface  of  the  blue  clay,  which  forms  the  bulk  of 
these  elevations.  Bijou,  meaning  jewel  in  French,  would  naturally  suggest  itself 
for  a  name  to  the  French  voyagcurs  on  the  river,  who  could  easily  gather  the 
crystals  from  the  blue  clay  along  the  bluffs  when  boating. 

DAKOTA   TERRITORY    PROCLAIMED 

The  settlers  at  Sioux  Falls  having  proclaimed  the  unorganized  territory,  left 
out  when  Minnesota  was  admitted,  a  new  territory  to  be  known  as  Dakota,  a 
mass  meeting  was  held  at  Sioux  Falls,  September  28,  1858,  and  it  was  ordered 
that  a  meeting  should  be  held  on  the  fourth  day  of  October  for  the  election  of 
two  members  of  the  Council  and  five  members  of  the  House  of  Representatives. 

An  election  was  held  and  the  alleged  legislature  met  and  elected  Samuel 
Masters  governor,  and  passed  a  memorial  to  Congress  for  recognition  as  a 
territory. 

A  year  later  another  election  was  ordered,  to  elect  a  delegate  to  Congress  and 
the  various  county  officefs  and  members  of  the  Legislature. 


218  HISTORY  OF  NORTH  DAKOTA 

At  this  election  an  alleged  \ote  of  1,689  was  cast  for  Jefferson  P.  Kidder, 
and  147  for  Alpheus  G.  Fuller,  for  delegate  to  Congress.  Congress  refused  to 
recognize  the  organization,  and  it  was  questioned  whether  there  were  that  many- 
people  in  the  territory.  The  Federal  census  of  i860  gave  the  number  as  2,128,  of 
whom  1,600  were  in  the  Pembina  district,  largely  mixed-blood  Indians,  while 
an  enrollment  under  the  direction  of  the  Governor  of  Dakota,  in  1861,  showed 
a  population  of  2,376,  of  vyhom  603  were  in  the  Red  River  district.  The  persons 
taking  this  census  were  Henry  D.  Betts,  Wilmot  W.  Brookings,  Andrew  J.  Harlan, 
Obed  Foote,  George  M.  Pinney  and  J.  D.  Aloore. 

The  settlements  were  known  as  the  Red  River  district,  embracing  Pembina, 
St.  Joseph  and  other  adjacent  settlements,  population  603 ;  Vermilion  and  Big 
Sioux  districts,  with  settlements  at  Brule  Creek,  47;  Point  on  the  Big  Sioux, 
104;  Elk  Point,  61;  Vermilion,  265;  Bottom  and  Clay  Creek,  216;  Sioux  Falls 
district,  60;  Yankton  district,  287;  Bon  Homme  district,  163;  Western  district, 
with  settlements  at  Pease  and  Hamilton,  181 ;  Fort  Randall,  210;  Yankton  agency, 
76;  and  Ponca  agency,  129. 

The  census  in  the  Pembina  district  was  not  accepted  as  correct,  for  the 
reason  that  the  greater  part  of  the  settlers  were  out  on  their  annual  hunt  at  the 
time  it  was  taken. 

The  census  of  i860  showed  84  horses,  19  mules,  286  milch  cows,  318  oxen, 
338  other  cattle,  22  sheep  and  287  swine  within  the  limits  of  Dakota,  and  the 
following  farm  products,  viz.:  915  bushels  of  wheat,  700  bushels  of  rye,  250 
bushels  of  oats,  280  bushels  of  peas  and  beans,  9,489  bushels  of  potatoes,  1,670 
pounds  of  butter,  1,112  tons  of  hay,  20  gallons  of  maple  syrup. 

When  Dakota  Territory  was  organized,  in  1861,  gold  was  discovered  in 
Montana,  and  that  fact  added  to  the  push  of  immigration,  and  to  the  alarm  of 
the  Indians  and  the  need  of  protection  for  settlers.  Kansas  was  literally  bleeding 
in  the  strife  between  the  pro-slavery  and  free-state  elements. 

CHARLES    F.    PICOTTE 

Perhaps  no  name  deserves  more  consideration  in  the  early  history  of  the 
Dakotas  than  that  of  Charles  F.  Picotte,  son  of  Honore  Picotte  and  the  daughter 
of  Two  Lance,  known  to  the  early  settlers  of  the  Missouri  slope  as  Mrs.  Major 
Galpin,  a  full-blooded  Sioux,  her  father  a  brave  and  influential  chief.  When  eight 
years  of  age  young  Picotte  was  placed  in  charge  of  the  Rev.  Father  Peter  John 
DeSmet,  the  Belgian  missionary,  who  sent  him  to  a  boarding  school  at  St.  Joseph, 
Mo.,  where  he  remained  fourteen  years,  acquired  a  liberal  education  in  French 
and  English,  and,  returning  to  his  tribe  at  twenty-two,  was  employed  by  his 
step-father  in  trade  with  the  Indians. 

FIRST   D.\KOTA    POST   OFFICES 

.An  examination  of  the  records  of  the  Post  Office  Department  shows  the 
following  facts  relative  to  the  establishment  of  early  Dakota  post  offices :  Pem- 
bina, 1855,  Joseph  Rolette,  postmaster;  Sioux  Falls  City,  then  in  Nebraska  Ter- 
ritory, James  M.  Allen,  June  15,  1858;  J.  L.  Phillips  (Joseph  B.  Amidon, 
assistant),  June  6,  1861 ;  Sioux  Falls,  James  Andrews,  June  24,  1867;  St.  Joseph 


CHARLES  F.  PICOTTE 

Half-breed     Sioux.       Pioneer     of     Dakota 
Territory 


HISTORY  OF  NORTH  DAKOTA  219 

(now  Walhalla),  Charles  Grant,  January  20,  1855;  ^ledary  (Midway  County), 
John  W.  McBean,  January  6,  1857,  succeeded  by  Gustave  Kragenbuhl,  August 
3,  1857;  Greenwood,  Alexander  H.  Redfield,  September  29,  1859,  succeeded  by 
Walter  A.  Burleigh,  June  28,  1861 ;  Fort  Pierre,  Edward  G.  Atkinson,  September 
7,  1855;  Niobrara,  Bonneville  G.  Shelley,  March  10,  1857;  Ponca  Agency,  J.  Shaw 
Gregory,  March  14,  i86o,  succeeded  by  John  B.  Hotifman,  July  31,  1861 ;  Ver- 
milion, Hugh  Compton,  March  25,  1855,  succeeded  by  Samuel  Mulholland,  April 
17,  i860;  Yankton,  Downer  T.  Bramble,  April  17,  i860;  Elk  Point,  Eli  B.  Wixon^ 
July  9  i860;  Fort  Abercrombie,  Jesse  M.  Stone,  August  9,  i860;  Bon  Homme, 
Aloses  Herrick,  October  2,  1861,  succeeded  by  Richard  M.  Johnson,  December 
17,  1862;  Fort  Randall,  John  B.  S.  Todd,  January  18,  1857,  succeeded  by  Jesse 
Wherry,  September  29,  1861.  J.  Shaw  Gregory  became  postmaster  at  Fort  Rice, 
established  January  8,  1866. 


CHAPTER  XV 
DAKOTA  PIONEERS 

THE  CEDED  LAND   IN    DAKOTA — THE  UPPER   MISSOURI   RIVER  TOWNSITE   COMPANY — • 

YANKTON     FOUNDED — THE    TREATY    OF     1858 THE    FIRST    CABIN     HOME^ — COL. 

ENOS  STUTSMAN — THE  FIRST  SURVEYS DAKOTA  TOWNSHIP  LINES  AND  SECTION 

LINES THE  PEMBINA  SETTLEMENTS THE  CUSTOM  HOUSE MOSES  K.  ARM- 
STRONG  WILLIAM  H.  MOORHE.aJ) — JOSEPH  ROLETTE  AND  THE  MINNESOTA  CAPI- 
TAL   BILL SETTLEMENTS     NEAR    FARGO THE    FIRST    FLOUR    MILL THE    FIRST 

FARMS  IN  THE  RED  RIVER  VALLEY — OTHERS  IDENTIFIED  WITH  DAKOTA  PRIOR  TO 
1861 — DISCOVERY  OF  GOLD  IN  THE  BLACK  HILLS THE  PICOTTES,  GALPIN,  PARK- 
INS   AND    GERARD THE    FIRST    LAND    OFFICE THE    FIRST    LAND    ENTRY IRON 

HEART  :   A  trapper's  THRILLING  EXPERIENCE. 

"Westward  the  course  of  empire  takes  its  way 
The  four  first  acts  already  past. 
A  fifth  shall  close  the  drama  with  the  day: 
Time's  noblest  offspring  is  the  last." 

— Right  Rcv'd  George  Berkeley,  Bishop  of  Cloync. 

Thi.s  mystical  verse  from  lines  "On  the  Prospect  of  Planting  Arts  and  Learn- 
ing in  America,"  by  Bishop  Berkeley  (1684-1753),  contemporary  with  the  great 
poets  Pope  and  Swift  and  deservedly  as  popular,  who,  in  the  hope  of  Christianiz- 
ing the  Indians,  made  a  futile  attempt  at  settling  and  establishing  a  college  in 
Newport,  R.  I.,  in  1729.  These  lines  are  illustrated  in  the  capitol  at 
^^^ashington,  the  national  seat  of  government,  by  a  large  painting  that  represents 
a  party  of  immigrants  among  the  mountains,  making  their  journey  under  the 
greatest  difficulties.  The  women  and  children  and  old  men  are  in  wagons  drawn 
by  oxen  and  horses,  the  men  and  boys  on  foot  or  riding  horses  and  mules.  There 
is  courage,  resolution  and  bravery  shining  in  every  countenance  which  compels 
admiration  for  the  heroic  party  from  all  observers.  Sixty  years  ago  this  painting 
was  true  to  life !  It  was  then  a  realistic  portrayal  of  the  popular  method  of 
going  West. 

THE    CEDED   LAND    IN   DAKOTA 

The  ceded  land  in  Dakota  left  in  unorganized  territory  by  the  admission  of 
Minnesota  to  the  Union,  May  11,  1858,  extended  from  the  present  boundan,'  of 
Minnesota  to  the  Missouri  River,  where  it  is  touched  by  the  Iowa  line :  up  that 
stream  to  the  mouth  of  the  White  Earth  River  and  thence  north  to  the  inter- 
national boundary,  and  this  tract  became  attached  to  Nebraska  until  the  creation 
of  Dakota  in  1861. 

220 


HISTORY  OF  NORTH  DAKOTA  221 

THi;    UPPER    iMISSOURI    RIX'ER    TOWNSITE    COMPANY YANKTON    FOUNDED 

In  February,  1858,  the  Upper  Missouri  Land  Company  was  organized  for 
the  purpose  of  taking  possession  of  townsites  on  the  Missouri  River,  by  Capt. 
John  B.  S.  Todd  and  associates,  inckiding  D.  M.  Frost,  Louis  H.  Kennedy, 
Edward  Atkinson,  A.  W^  Hubbard,  J.  K.  Cook.  Dr.  S.  P.  Yeomans,  and  Enos 
Stutsman,  secretary. 

The  treaty  with  the  Yanktons  of  April  ly,  1858,  ratified  March  9th  and  pro- 
claimed 2ilarch  31,  1859,  as  described  in  Chapter  XI\',  was  made  possible  by  the 
activit)'  and  influence  of  this  company  among  the  Indians  as  well  as  at  Wash- 
ington. Members  of  the  committee  in  charge  of  the  treaty,  were  Charles  F. 
Picotte — of  whom  special  mention  has  been  made — William  P.  Lyman,  Zephyr 
Rencontre  and  Theophile  Brughier.  Picotte  was  granted  a  section  of  land  by  the 
treaty  which  was  chosen  at  Yankton.  Other  locations  were  made  by  employes 
of  Frost.  Todd  &  Co..  in  the  interest  of  this  townsite  company,  and  the  first 
surveys  were  made  in  accordance  with  their  suggestions.  A  like  grant  was  made 
to  Rencontre,  half  a  section  to  Paul  Dorain  and  quarter  sections  to  certain  half 
breefls. 

THE    FIRST    CABIN    HOME 

.\ware  of  the  purpose  of  the  Missouri  Land  Company  to  gain  possession  of 
the  townsite  at  Yankton,  C.  J.  Holman,  his  father,  W.  P.  Holman,  Johnson 
Burritt,  Gilbert  Bowe.  Harry  Narvea,  Stephen  Saunders  and  others,  came  to 
Yankton  in  March,  1858,  and  built  the  Holman  cabin,  which  was  abandoned 
after  two  attacks  by  the  Indians,  upon  the  advice  of  the  mihtary  authority ;  no 
treaty  ceding  the  Indian  lands  having  been  negotiated  at  that  time. 

This  party  was  supported  by  Charles  F.  Booge,  John  H.  Charles,  Billis 
Roberts,  Benjamin  Stafford  and  others,  of  Sioux  City,  Iowa.  The  Holman 
cabin  was  the  first  improvement  made  at  Yankton.  Early  in  April,  1858,  George 
D.  Fiske  and  Samuel  Mortimer  came  to  Yankton,  representing  Frost,  Todd  & 
Company,  who  as  licensed  traders,  claimed  the  right  to  remain  on  Indian  lands. 
C.  J.  Holman  returned  in  May  and  built  another  cabin,  and  though  opposed  by 
both  Indians  and  the  traders,  was  suffered  to  remain.  The  Fiske  settlement  is 
recognized  as  that  of  the  first  white  person  to  establish  a  permanent  home  in 
Yankton. 

The  trading  post  was  built  in  July.  1858.  under  the  supervision  of  William 
P.  Lyman,  the  Picotte  grant  was  surveyed  by  George  M.  Ryall,  of  Sioux  City, 
at  that  time. 

James  ]\I.  Stone,  running  the  ferry  at  the  James  River  crossing,  selected  land 
adjoining  the  Picotte  tract,  which  lay  next  east  of  the  Todd  tract,  the  original 
townsite  at  Yankton. 

The  settlers  in  Yankton  County  in  June,  1858.  were  George  B.  Fiske,  Samuel 
Mortimer,  William  P.  Lyman.  Samuel  Gesou.  A.  B.  Smith,  Lytle  M.  Griffith  and 
Frank  Dupuis. 

The  treaty  ceding  the  Indian  lands  having  been  negotiated  in  April,  18^8, 
Hon.  Joseph  R.  Hanson  reached  Green  Island,  Neb.,  opposite  Yankton,  in 
August,  1858,  and  began  a  period  of  watchful  waiting  for  the  opening  of  ceded 


222        .  HISTORY  OF  NORTH  DAKOTA 

land.  His  party  consisted  of  Horace  T.  Bailey,  John  Patterson,  Kerwin  Wilson, 
Henry  and  Myron  Balcom.  The  only  buildings  then  at  Yankton  were  the  trader's 
store  and  the  Holman  cabin. 

COL.    ENDS    STUTSMAN 

Col.  Enos  Stutsman  came  to  Yankton  in  1858,  from  Sioux  City,  where  he 
was  engaged  in  the  practice  of  law,  and  became  identified  with  the  townsite  com- 
pany. He  was  elected  to  the  first  Territorial  Legislature,  which  met  at  Yankton 
in  1862,  and  was  chairman  of  the  council  judiciary  committee.  At  the  second 
session  of  the  Territorial  Legislature  he  was  president  of  the  Coimcil.  and 
again  president  of  the  Council  in  1864-65.  In  1866  he  was  appointed 
agent  for  the  United  States  Treasury  Department  and  in  July,  1866,  visited 
Pembina  in  that  connection.  In  1867  he  was  elected  to  the  House  of  Repre- 
sentatives in  the  Territorial  Legislature  from  the  Pembina  district,  and  became 
speaker  of  the  House.  He  was  re-elected  to  the  House  of  Representatives  in  the 
Legislature  of  1868-69,  ^"^  elected  to  the  Council  for  1872-73.  He  built  a  hotel 
at  Pembina,  and  took  an  active  interest  in  the  development  of  the  red  River 
Valley.  Stutsman  County,  North  Dakota,  was  named  in  his  honor.  He  died  at 
Pembina,  Januan,'  24.  1874. 

It  is  a  matter  of  record  that  in  October,  1858,  Enos  Stutsman,  secretary  of 
the  townsite  company,  came  to  Yankton  with  Frank  Chapell  and  J.  S.  Presho. 
David  Fisher,  blacksmith,  and  Lytle  M.  Grififith,  carpenter,  came  at  the  same 
time.  Francis  Dupuis  had  rafted  from  Fort  Pierre  the  cedar  logs  for  the  traders' 
store  and  he  was  also  there. 

In  the  fall  and  winter  of  1858,  while  the  ratification  of  the  treaty  with  the 
Yanktons  was  pending,  A.  H.  Rsdfield,  special  Indian  agent,  and  Maj.  Charles 
S.  Lovell,  United  States  army,  visited  all  of  the  settlements  on  Indian  lands  in 
South  Dakota,  and  destroyed  all  on  unceded  lands,  acting  under  departmental 
instructions :  the  Indians  succeeding  in  driving  ofif  some  from  ceded  land,  claim- 
ing they  had  not  consented  to  the  treaty  of  1851,  at  Mendota,  nor  to  the  later 
treaty. 

DOWNER  T.    BRAMBLE 

Downer  T.  Bramble  came  to  Yankton  in  the  fall  of  1859,  from  Ponca,  Neb., 
and  erected  a  store  building,  the  first  frame  building  at  that  place,  24  by  80  feet. 
In  1861,  his  building  became  the  offices  for  the  territorial  government.  The  only 
other  buildings  at  Yankton  then  were  the  Indian  traders'  store  and  the  log  house 
built  by  Charles  F.  Picotte,  and  the  Ash  Hotel;  all  built  of  logs.  Mr.  Bramble 
was  a  member  of  the  Council  in  the  first  Territorial  Legislature,  and  was  identi- 
fied for  many  years  with  the  business  interests  of  Dakota,  as  the  head  of  the  firm 
of  Bramble  &  Miner. 

Henry  C.  Ash  came  to  Yankton  in  1859  and  built  a  large  hotel ;  Mrs.  Ash  being 
the  first  white  woman  to  make  her  home  at  Yankton  and  her  daughter  Julia 
(Mrs.  C.  W.  Bates),  the  first  white  child  in  the  town. 


MOSES  K.  ARMSTEOXG 
Pioneer  of  Yankton  County,  1859.     Member  of  first  and  mie- 
ceed.ng    legislature.      Territorial     delegate    to     Congress,     1870. 
Served  two  terras,  retiring  March,  1875. 


HISTORY  OF  NORTH  DAKOTA  223 

MOSES    K.    ARMSTRONG 

Moses  K.  Armstrong  reached  Yankton  October  12,  1859,  and  took  an  active 
part  in  assisting  the  settlers  in  the  adjustment  of  their  settlement  claims  to  the 
public  surveys.  He  was  elected  to  the  House  of  Representatives  in  the  first 
Territorial  Legislature,  1862,  re-elected  to  the  second  Legislative  Assembly,  and 
was  elected  speaker  on  the  resignation  of  Hon.  Andrew  J.  Harlan.  In  the  fifth 
session  of  the  Territorial  Legislature,  he  served  as  member  of  the  Council,  and 
was  elected  president  of  the  Council  in  the  sixth  Legislative  Assembly.  From 
1871  to  1875,  he  was  delegate  to  Congress  from  Dakota  Territory,  and  at  the 
request  of  Col.  Clement  A.  Lounsberry  of  the  Bismarck  Tribune,  introduced  a 
bill  for  the  division  of  Dakota,  and  for  a  division  of  the  Pembina  land  district, 
creating  the  land  offices  at  Fargo  and  Bisinarck.  Similar  bills  were  introduced 
in  the  Senate  at  Mr.  Lounsberry's  request. 

THE   FIRST   SURVEYS    IN    DAKOTA 

The  surveys  in  the  colonies  were  of  tracts  in  irregular  form,  excepting  in 
Georgia,  where  in  1733,  eleven  townships,  of  20,000  acres  each,  were  surveyed 
into  lots  of  fifty  acres. 

The  new  surveys  gave  townships  of  thirty-six  sections,  each  one  mile  square, 
containing  640  acres,  or  quarter  sections  of  160  acres. 

The  system  of  surveys  of  public  lands  in  vogue  throughout  the  United  States, 
was  adopted  May  7,  1784,  by  Congress,  upon  a  report  by  a  committee  of  which 
Thomas  Jefferson  was  chairman.  The  origin  of  the  system  is  not  known,  beyond 
the  facts  reported  by  the  committee. 

In  the  Government  Building  at  the  World's  Fair  of  1893,  in  Chicago,  there 
was  exhibited  the  original  standard  surveyor's  chain,  authorized  by  Act  of  Con- 
gress, May  18,  1797,  for  executing  surveys  of  Government  lands.  The  chain 
was  made  by  David  Rittenhouse,  of  Philadelphia,  in  1797,  and  was  still  in  the 
same  hardwood  box  in  which  it  was  sent  out  by  the  manufacturer. 

The  first  surveys  were  made  at  Sioux  City,  Iowa,  by  J.  M.  Marsh,  in  August, 
1849;  the  section  lines  were  run  in  August,  1853.  by  Charles  Lewis.  The 
boundary  between  Iowa  and  Dakota  was  located  by  these  earlier  surveys,  and 
extended  north  from  the  Iowa  line  to  Big  Stone  Lake  in  1859,  the  survey  being 
made  by  James  Snow  and  Stephen  Huston. 

The  exterior  lines  of  eighty  townships  in  Dakota  were  run  on  the  lands  in 
the  Big  Sioux  region  ceded  in  1851,  left  out  of  Minnesota  by  the  admission  of 
that  state  in  1858.  The  subdivisions  of  some  of  these  sections  were  made  by 
Thomas  J.  Stone,  of  Sioux  City,  in  1859.  The  surveying  party  which  made  the 
survey  of  1859,  came  overland  from  Dubuque,  Iowa.  Thomas  C.  Powers,  after- 
wards United  States  senator  from  Montana,  and  identified  with  the  steamboat 
interests  on  the  Missouir  River,  notably  of  the  "Black  P  Line,"  was  one  of  this 
party ;  also  William  Miner,  identified  for  many  years  with  Bramble  &  Miner  at 
Yankton,  in  general  trade. 

The  township  lines  were  run  at  Sioux  Falls  by  W.  J.  Neely  in  June,  1859, 
and  some  of  the  section  lines  by  John  K.  Cook  in  September,  1859.  Cortez 
Fessenden  and  Moses  K.  Armstrong,  in  1864,  ran  additional  township  lines,  and 
Carl  C.  P.  Meyer  the  sections  lines  that  year. 


224  HISTORY  OF  NORTH  DAKOTA 

The  township  lines  were  run  at  Flandreau,  by  \V.  J.  Neely,  in  September, 
1859;  the  section  Hnes  by  Richard  F.  Pettigrew,  in  September,  1870.  Pettigrew 
was  delegate  to  Congress  from  Dakota  Territory,  1881-83,  and  afterwards  United 
States  senator  from  South  Dakota. 

John  Ball  surveyed  the  township  lines  at  Yankton,  in  September,  i860,  and 
the  section  lines  in  October  of  that  year. 

The  township  lines  were  run  at  \'ermilion,  by  John  Pjall.  in  October,  i860, 
and  the  section  lines  by  him  in  Xovember  of  that  year. 

At  Elk  Point  the  township  lines  were  run  by  F)all  in  i860,  and  the  section 
lines  by  Fessenden  in  1861. 

At  Springfield,  the  township  lines  were  run  by  John  Ball  in  October,  i860, 
and  the  section  lines  by  Cortez  Fessenden  in  August.  1862. 

The  township  lines  at  Tyndall  were  run  by  Ball  in  October,  i860,  and  the 
section  lines  b)-  Fessenden,  in  August,  1862. 

At  Canton,  the  township  lines  were  run  by  Cortez  Fessenden  in  1862,  and  the 
section  lines  by  Fessenden.  Mellen  and  Nye.  in  1863. 

At  Parker,  the  township  lines  were  run  by  Armstrong,  in  September,  1866, 
and  the  section  lines  by  George  1'.  Waldron.  in  October,  1867. 

At  Pembina,  the  township  lines  were  run  by  .Armstrong,  in  -September.  1867, 
and  the  section  lines  by  him  in  October.  1868. 

The  township  lines  at  W'ahpeton  were  run  by  M.  T.  Woolley,  in  September, 
1870,  and  the  section  lines  by  Horace  J.  Austin,  in   1870. 

The  township  lines  were  run  at  Grand  Forks  by  George  N.  Propper.  in  Sep- 
tember, 1870.  and  the  section  lines  by  George  Mills,  in  September.  1873. 

The  township  lines  were  run  at  Fargo  by  R.  J.  Reeves,  in  October.  1870.  and 
the  section  lines  by  J.  W.  Blanding.  in  Xovember.  1871. 

At  Bismarck,  the  township  lines  were  run  by  Charles  Scott,  in  October,  1872, 
and  the  section  lines  by  George  G.  Beardsley.  in  November,  1872.  After  the 
completion  of  the  railroad  as  far  as  Bismarck,  the  twenty-eight  townships  along 
the  line  from  Windsor  Station  to  Steele,  had  their  exteriors  run  by  Gen.  William 
H.  H.  Beadle  and  Charles  Scott,  in  1873,  and  the  stibdivisions  were  completed 
by  these  deputies,  viz.,  General  Beadle,  five  townships:  Richard  F.  Pettigrew, 
fourteen ;  Amherst  W.  Barber,  five ;  Mark  Bailey,  four. 

THE  HOMF-STEAD  L.\W — STORY  OF  THE  FIRST  L.\ND  OFFICE THE  FIRST  L.\ND  ENTRY 

The  Homestead  Law  became  effective  May  20.  1862,  after  a  forty  years' 
battle  for  its  enactment.  It  became  one  of  the  cardinal  principles  of  the  republican 
party,  brought  into  power  by  the  election  of  Abraham  Lincoln  in  i860:  success 
in  part  being  due  to  the  secession  of  the  southern  states  in  1861. 

The  surveyed  lands  of  Dakota  Territory  became  open  to  homestead  entry 
on  the  first  day  of  January,  1863.  Land  officers  had  been  appointed  for  the  first 
land  office  in  the  territory,  at  Vermilion,  and  many  intending  or  actual  settlers 
were  eagerly  awaiting  the  day.  On  the  last  night  of  the  old  year  a  group  of 
friends  were  having  a  social  chat  at  the  new  office,  expecting  a  rush  of  business 
on  the  opening  day.  One  of  these  was  the  young  printer,  Mahlon  Gore,  from 
Battle  Creek,  Mich.,  who,  in  i860,  became  a  pioneer  of  the  settlement.  Be- 
fore they  realized  the  lateness  of  the  hour,  the  register  said,  "Here,  Gore,  didn't 


CHARLES   CAVILEER 
First  settler  in  North  Dakota,  1851 


/ 


HISTORY  OF  NORTH  DAKOTA  225 

you  say  you  meant  to  be  the  first  man  to  make  a  homestead  entry?  The  clock  just 
struck  twelve,  it  is  New  Year's  Day  and  the  Homestead  Law  is  in  force,  so  now 
is  your  time  if  you  wish  to  head  the  list."  Accordingly  the  entry  was  immediately 
made,  for  the  S.  E.  >4,  N.  E.  y^  section  9  and  the  S.  W.  >4  of  N.  W.  34  and 
lots  3  and  5,  section  10,  township  92  north,  range  49  west,  fifth  principal  meridian, 
as  the  homestead  of  Alahlon  Gore,  and  became  the  first  land  entered  in  Dakota, 
under  the  public  land  laws.  This  is  the  story  as  related  to  Amherst  W.  Barber, 
one  of  the  early  surveyors  of  the  territory.  After  forty  years  of  successful 
journalism  Air.  Gore  passed  away  in  1916,  at  Orlando,  Fla. 

Following  Mahlon  Gore's  entry  were  those  of  John  Guardipe,  John  B.  Le- 
Plant,  Joseph  Benoit,  Peter  Arpan,  Clammor  Arpan,  on  January  i,  1863;  Frank 
X'erzni,  William  Alathers,  Benjamin  Gray,  January  2d;  Johnson  Farris  and 
Martin  \'.  Farris,  January  3d ;  Charles  La  Breche,  Benjamin  Guardipe,  Charles 
Chaussee,  January  5th ;  John  Brouillard,  January  9th ;  George  Stickney,  January  . 
13th.  June  15,  1868,  Joseph  Rolette,  of  Pembina,  made  the  first  entry  of  public 
land  in  North  Dakota,  at  the  \'ermilion  office,  and  the  first  legal  transfer  of  land 
in  North  Dakota  was  made — that  described  in  Part  One — of  a  part  of  this  tract 
to  James  J.  Hill,  the  great  railroad  builder,  on  which  he  established  a  bonded 
warehouse  for  shipments  on  the  Red  River  in  the  Fort  Garry  (now  Winnipeg) 
and  Indian  trade. 

Those  who  had  settled  upon  public  lands  prior  to  the  surveys,  were  allowed 
ninety  days  preference  in  which  to  file  their  claims  to  homestead  or  pre-emption 
entries.  The  names  of  only  those  who  made  entry  during  the  first  few  days  are 
here  given. 

THE    PEMBIN.\    SETTLEMENTS THE    CUSTOM    HOUSE 

The  settlement  at  Pembina  mentioned  in  detail  in  previous  chapters,  had  a 
history  covering  fifty  years  before  any  settlement  was  attempted  in  South  Dakota. 
The  surveys,  excepting  one  tier  of  towns  east  of  the  Red  River  in  i860,  were  not 
commenced  in  that  region  until  1867,  and  the  land  did  not  become  subject  to 
entry  until  1868. 

Norman  W.  Kittson,  referred  to  in  Part  One,  in  the  Red  River  country  and 
Minnesota,  became  identified  with  the  Indian  trade  at  Pembina  in  1843,  '^"d  in 
1853  was  appointed  postmaster  at  that  point.  In  1855  he  was  elected  to  the 
Council  in  the  Minnesota  Legislature.  The  customs  ofiice  was  established  at 
Pembina  in  185 1,  with  Charles  Cavaleer  agent.  Mr.  Kittson  was  succeeded  as 
postmaster  and  custom  house  officer  by  Joseph  Beaupre,  of  St.  Cloud,  Minn., 
a  contractor  for  wood  and  supplies.  Beaupre  was  succeeded  at  Pembina  by 
James  McFetridge,  who  was  a  member  of  the  Council  of  the  second  session  of 
the  Territorial  Legislature,  1862-63.  Joseph  Rolette,  frequently  mentioned  in 
Part  One,  in  1847  led  a  raid  on  the  British  traders  across  the  international 
boundary  and  burned  their  buildings.  He  was  elected  to  the  Minnesota  Legisla- 
ture in  1853  and  1855.  William  H.  Moorhead  settled  at  Pembina  in  1856.  Peter 
Hayden,  found  at  Pembina  in  1867,  by  Moses  K.  Armstrong,  surveyor,  claimed 
to  have  resided  there  since  1821. 


226  HISTORY  OF  NORTH  DAKOTA 

WILLIAM    H.    MOORHEAD,  A  PEMBINA   SETTLER  OF    1857 A  STORY   OF  TOWNSITES 

INDIAN  TRADE  AND  BUFFALO  HUNTING 

William  H.  Moorhead  was  born  in  Freeport,  Armstrong  County,  Pa.,  Sep- 
tember 20,  1832;  was  educated  in  the  public  schools  of  Pittsburgh  and  Allegheny. 
He  left  Pittsburgh  April  i,  1852,  arriving  at  St.  Paul,  Minn.,  May  ist,  where 
he  worked  at  his  trade  of  carpenter  for  two  years.  The  summer  of  1854  and 
the  following  winter  he  spent  at  Sauk  Rapids,  trading  with  the  Winnebagoes, 
who  were  subsequently  removed  to  Blue  Earth  County.  Returning  to  St.  Paul, 
he  organized  a  company  to  lay  out  townsites  in  Northern  Minnesota  and  the  Red 
River  Valley.  These  were  the  days  of  paper  townsites,  laid  out  on  land  secured 
at  $1.25  per  acre,  and  sold  to  the  guileless  at  $2  per  lot; — "just  the  cost  of  re- 
cording the  instruments,"  in  the  language  of  the  circulars,  which  were  discussed 
.in  the  country  stores  throughout  the  eastern  states,  and  resulted  in  hundreds  of 
families  moving  west.  There  were  mill-sites  everywhere  and  waterpowers  with- 
out number,  but  no  improvement  of  a  permanent  character.  The  company  con- 
sisted of  Mort  Kellogg,  J.  K.  Hoffman,  Joseph  Charles,  E.  R.  Hutchinson, 
William  J-  S.  Traill,  a  Jvlr.  Horn,  and  Moorhead.  All  were  residents  of  St.  Paul. 
Moorhead,  Hoffman  and  Joseph  Charles  were  the  committee  to  lay  out  the  sites. 
Procuring  a  surveyor  they  went  by  skiff  up  the  Mississippi  to  Crow  Wing  River, 
and  then  proceeded  up  that  stream  to  the  mouth  of  Leaf  River,  and  up  that 
stream  to  Leaf  Lake.  From  that  point  they  made  an  overland  trip  to  Otter  Tail 
Lake,  a  distance  of  four  miles,  and  from  there  to  the  outlet,  and  laid  out  Otter 
Tail  City,  which  became  famous  in  the  early  history  of  Minnesota,  and  was  the 
site  of  the  United  States  land  office,  afterwards  moved  to  Duluth.  From  Otter 
Tail  they  went  down  that  river  forty  miles,  and  laid  out  another  town,  which 
was  called  Merriam.  They  nailed  a  tin  plate  to  a  tree  and  marking  the  name  of 
the  "city"  thereon,  proceeded  to  St.  Paul,  and  having  purchased  provisions, 
cooking  utensils,  tools,  etc.,  they  returned  with  two  loaded  teams,  and  erected 
five  log  houses  at  the  outlet  of  Otter  Tail  Lake.  At  "Merriam"  they  erected 
temporary  quarters,  but  it  being  impossible  to  get  supplies,  they  cached  their 
outfit  and  never  returned  for  the  buried  articles.  In  it  was  a  compass  worth 
$80.  At  Leaf  City,  after  leaving  Merriam,  they  met  Joseph  A.  Wheelock,  after- 
wards a  noted  St.  Paul  editor,  his  brother,  and  others,  who  were  as  destitute  of 
provisions  as  themselves.  They  made  their  way  to  St.  Paul,  where  they  offered 
their  shares  at  $100  each.  They  valued  their  property  at  $150,000,  but  as  a 
matter  of  fact  they  were  penniless.  Moorhead  traded  one  share  to  his  landlord 
in  St.  Paul  for  his  winter's  board,  but  in  the  spring  the  shares  were  without  value 
and  the  paper  town  scheme  was  ended. 

In  the  spring  of  1857,  Mr.  Moorhouse  met  Hon.  Joseph  Rolette  at  St.  Paul,, 
together  with  James  McFetridge,  who  were  buying  goods  to  take  back  to  Pem- 
bina, and  they  engaged  him  to  erect  their  new  buildings  at  the  mouth  of  Pembina 
River.  They  left  St.  Paul  July  7th,  and  arrived  at  the  mouth  of  the  Pembina 
River  the  ist  of  August.  Moorhead  completed  the  buildings  and  remained 
with  Rolette  as  a  clerk,  until  February,  1858.  when  he  made  a  trip  to  St.  Paul 
with  a  dog  train,  not  seeing  a  house  after  he  left  Pembina  until  he  reached  the 
Mississippi.  He  left  St.  Paul  with  a  loaded  train  March  i8th  and  arrived  at 
Pembina  March  30th,  the  dogs  drawing  450  pounds  of  merchandise.     The  trip- 


BURLINGTON  SCHOOL  BUILDING 
In  this  building  was  held  the  first  term  of  court  in  Ward  Couiity.     Thirty-two  criminal  eaf?es 

were  tried  in  three  days 


^rWMjfflT^^^^- 


FIRST  POSTOFFICE  IN  NORTmVESTERN  NORTH  DAKOTA 
Established  at  Burlington.     James  Johnson,  first  Postmaster 


HISTORY  OF  NORTH  DAKOTA  227 

was  a  hard  one,  as  he  became  snow-bHnd,  and  it  was  with  great  difficulty  that 
he  found  the  way  back. 

June  8th  he  left  Pembina  on  a  buft'alo-hunting  expedition,  returning  in  August 
with  htteen  carts  loaded  with  furs,  hides  and  pemmican.  That  fall  he  went  to 
the  Lake  of  the  Woods  and  Lake  Rosa,  to  trade  with  the  Chippewas,  obtaining 
much  fur,  and  thence  to  the  Turtle  Mountains,  where  he  had  good  trade  with 
Indians  and  half-bloods.  The  same  was  true  at  Devils  Lake  and  where  Minofc 
now  stands,  where  he  remained  during  most  of  the  winter.  In  the  spring  of 
1859,  lis  went  to  St.  Paul  with  twenty-five  cart  loads  of  robes  and  furs  which 
he  exchanged  for  goods,  loading  his  carts  in  return  for  Pembina.  He  made 
several  trips  of  that  kind,  with  unvarying  profit,  until  the  spring  of  1861,  when 
he  was  compelled  to  remain  in  the  garret  of  his  house  twenty-two  days  by  the 
high  water  of  that  spring.  The  water  was  then  five  feet  higher  than  it  was  during 
the  season  of  high  water  in  1882,  the  ''spring  rise''  remembered  by  many  of  the 
settlers  of  that  time. 

After  the  water  went  down,  Moorhead  moved  to  Walhalla,  where  he  engaged 
in  trade  with  the  Indians.  He  was  scarcely  nicely  located  before  the  Indian  war 
broke  out.  resulting  in  the  Minnesota  massacre  of  1862.  The  Indians  were  on 
good  terms  with  Moorhead  as  he  was  at  their  treaty,  on  the  plains  of  Nelson 
County,  in  Northern  Dakota,  when  the  tribes  of  Sioux,  Creeks,  Chippewas  and 
Assiniboines,  who  for  years  had  been  at  enmity,  always  hanging  on  each  other's 
trail,  murdering  the  women  and  children  of  the  hostile  tribes,  met,  and  buried 
the  hatchet,  smoked  the  pipe  of  p^ace,  and  thereafter  dwelt  together  in  harmony, 
but,  as  they  expected  him  to  sell  them  ammunition,  and  not  liking  their  attitude 
because  he  refused,  he  moved  to  Devil's  Lake,  where  he  remained  during  the 
summer  and  winter  of  1862.  There  were  then  about  one  hundred  families  of 
half-bloods  and  Indians  at  the  lake. 

In  the  spring  of  1862  Moorhead  returned  to  Pembina  Mountains,  and  about 
the  first  of  May  the  band  of  Little  Crow,  embracing  Little  Six,  Medicine  Bottle 
and  others,  about  one  thousand  strong,  pitched  their  tepees  around  his  place. 
Among  them,  as  a  prisoner,  was  the  son  of  William  Myrick,  about  eight  years  of 
age,  who  was  ransomed  by  Frank  Gingras  for  one  sack  of  pemmican.  His 
father  had  been  killed  by  the  Indians  and  robbed  of  his  possessions.  The  Indians 
left  for  the  plains  as  usual  in  June,  when  Mr.  Moorhead  made  his  spring  trip  to 
St.  Paul  with  his  carts,  requiring  forty  days  for  the  trip,  and  then  went  to  the 
plains  on  a  bulYalo  hunt.  That  fall  he  married  Lizzie  Rivier,  and  made  his  wed- 
ding tour  to  Mouse  River,  leaving  November  loth  with  five  carts  and  one  travois. 
They  got  lost  in  a  snow  storm,  and  it  took  seventeen  days  to  make  the  trip. 
Moorhead  built  a  house  after  his  arrival  at  a  point  iVz  miles  from  where 
Towner  is  now  located.  He  remained  there  during  the  winter,  trading  with  the 
Sioux,  and  found  among  the  Indians  a  boy  ten  years  old,  who  had  been  so  long 
among  them  that  he  had  forgotten  his  name  and  could  not  talk  much  English. 
All  he  could  make  known  was  that  his  parents  lived  on  a  hill  in  Minnesota.  The 
lad  was  never  able  to  learn  who  his  parents  were  or  what  was  their  name. 

The  buffalo  were  very  scarce  during  the  spring  of  1863,  and  as  a  result  many 
families  suffered  with  hunger.  Many  of  the  inhabitants  of  the  plains  had  to 
boil  their  raw  hides  and  harness  to  keep  from  starving.  Moorhead  had  2=;o 
tongues  of  buffalo,  nicely  dried,  which  he  had  saved  for  Governor  Ramsev  of 


228  HISTORY  OF  NORTH  DAKOTA 

Minnesota,  Jesse  Ramsey,  and  other  friends  in  St.  Paul,  but  he  gave  them  to  the 
starvmg  ones. 

April  lOth  the  hunters  started  for  the  mountains,  leaving  Moorhead  and 
family  with  about  eight  pounds  of  pemmican,  to  follow.  They  rejoiced  when 
able  to  kill  a  badger  on  their  way,  but  after  traveling  about  six  miles  farther, 
they  overtook  their  party.  Every  pot  was  boiling  with  a  piece  of  fat  buffalo. 
They  had  encountered  a  herd  of  buffalo  and  had  killed  300.  The  stale  pemmican 
was  thrown  away  and  the  party  remained  three  days,  living  on  the  fat  of  the 
land.  For  eighteen  days  they  were  not  out  of  the  sight  of  buffalo,  while  pursuing 
their  way  to  the  mountains. 

MOORHEAD,    LAMOURE  AND  OTHERS DATE  OF  LAND  ENTRIES 

Hon.  Judson  LaMoure  made  the  second  pre-emption  entry  in  North  Dakota, 
December  19,  1870.  At  the  same  time  William  H.  Moorhead,  Charles  Bottineau 
and  fourteen  others,  made  entry,  and  during  the  next  eleven  days,  eleven  more, 
making  twenty-eight  entries  of  public  lands,  and  all  about  Pembina,  prior  to 
January  i,  1871. 

Outside  the  Selkirk  and  Pembina  settlements,  Lewis  Lewiston  built  a  home 
where  Moorhead  is  situated,  in  i860,  and  raised  100  acres  of  oats  that  year. 
Moorhead  was  then  known  as  Burbank  Station,  on  the  stage  line  extended  from 
St.  Cloud,  Minn.,  to  Fort  Abercrombie  and  thence  to  Georgetown,  in  1859. 
Walter  Hanna  broke  one  acre  in  1858.  Richard  Banning  raised  one  acre  of 
potatoes  in  i860. 

Clay  County,  Alinn.,  was  then  known  as  Breckenridge,  and  Wilkin  as  Toombs 
County,  and  settlements  were  progressing  well  in  the  Red  River  \'alley  until 
interrupted  by  the  Indian  war  of  1862. 

JOSEPH  ROLETTE  AND  THE  MINNESOTA  CAPITAL  BILL 

"Jolly"  Joe  Rolette  was  one  of  the  early  characters  in  Dakota  whom  the  City  of 
St.  Paul,  Minn.,  has  embalmed  in  its  history  as  one  of  its  saviors. 

Rolette  was  a  trader  without  method  and  with  little  idea  of  the  value  of  money, 
and,  if  the  whole  truth  were  to  be  told,  it  would  appear  that  the  opposition  traders 
sent  him  to  the  Legislature  in  order  to  take  him  away  from  his  business,  and  leave 
the  trade  open  to  them  without  his  competition,  which  was  entirely  too  sharp.  His 
career  in  the  Legislature  and  the  fact  that  the  bill  removing  the  capital  from 
St.  Paul  to  St.  Peter  was  disposed  of  by  him,  while  a  member  of  the  Legislature, 
excites  the  inquiry  as  to  how  it  happened. 

One  who  was  present  in  those  old  times,  says  drinking  and  carousing  was  not 
an  uncommon  thing  at  the  capital ;  indeed,  a  jug  of  intoxicating  liquor  was  placed 
in  the  hall  of  the  House  of  Representatives,  and  a  decanter  set  on  the  speaker's 
desk  for  the  use  of  the  members.  Interested  parties  left  Rolette — who  as  a  mem- 
ber of  the  committee  had  the  bill  removing  the  capital  to  -St.  Peter  in  charge — in 
a  room  in  the  Merchants  Hotel,  and  provided  sufficient  entertainment  to  keep  him 
jolly  and  forgetful,  until  the  Legislature  adjourned. 

The  bill  was  introduced  in  and  passed  the  Council  and  had  also  passed  the 
House  of  Representatives  and  was  in  the  hands  of  Rolette,  chairman  of  the  Com- 


JOSEPH  ROLETTE 
Who  entered  the  first  public  land  in  North  Dakota.  June  15,  1868 


HISTORY  OF  NORTH  DAKOTA  229 

mittee  on  Enrolled  Bills.  A  resolution  was  ofifered,  directing  Rolette  to  report  the 
bill.  A  call  of  the  House  was  moved.  Rolette  sat  in  his  room  at  the  Merchants 
Hotel,  and  the  members  under  a  call  of  the  House  123  hours  without  a  recess. 
They  then  adjourned,  but  on  assembling  Friday,  the  president,  Hon.  John  B. 
Brisbin,  ruled  that  the  call  was  still  pending,  and  again  on  Saturday,  with  the  same 
result.  Finally,  late  the  last  night  of  the  session  the  call  was  dispensed  with,  and 
the  committee  reported  Rolette  still  absent,  and  their  inability  to  report  a  correct 
copy  of  the  bill  in  his  possession,  and  they  were  compelled  to  adjourn  without 
the  bill  having  been  signed  by  the  proper  officers. 

At  that  time  Pembina  was  in  a  legislative  district,  embracing  all  of  North 
Dakota  east  of  the  Missouri  River,  and  much  of  Northern  Minnesota.  When  the 
first  Legislature  met  in  Minnesota,  it  was  in  the  Minneapolis  legislative  district, 
and  when  the  first  session  of  the  Dakota  Legislature,  in  1862,  met,  it  was  in  the 
Sioux  Falls  legislative  district 

SETTLEMENT   NEAR   FARGO 

Li  July.  1858,  Edward  Griffin,  Robert  Davis  and  Walter  Hanna,  of  Redwing, 
Minn.,  arrived  at  a  point  on  the  Red  River  seven  miles  south  of  what  is  now  Fargo, 
near  Fort  Abercrombie,  and  located  the  Townsite  of  East  Burlington.  Fort  Aber- 
crombie  was  built  in  August  of  that  year,  and  two  companies  of  soldiers  were  sta- 
tioned there.  Griffin  and  party  spent  the  winter  at  a  townsite  called  Lafayette, 
near  the  mouth  of  the  Sheyenne  River,  about  eleven  miles  north  of  Fargo,  where 
Charles  W.  Nash,  Henry  Brock,  Edward  Murphy,  and  Harry  Myers  were  holding 
the  townsite  for  St.  Paul  parties.  Pierre  Bottineau  had  Frank  Durant  and  David 
Auger  holding  a  townsite  on  the  Dakota  side  called  Dakota  City.  George  W. 
Northrup,  mentioned  in  part  one  as  interpreter  and  guide  on  a  buffalo  hunt,  was 
holding  a  nameless  city  one  mile  north  of  Sheyenne,  also  on  the  Dakota  side. 
George  Myers  and  Harr>-  and  Richard  Banning  were  holding  a  townsite  at  Ban- 
ning's  Point,  one  mile  south  of  the  Sheyenne;  Northrup  had  a  trapping  party  with 
him.     There  were  fifteen  people  then  connected  with  these  several  townsite  claims. 

THE  FIRST  FLOUR  MILL 

In  the  spring  of  1859  Randolph  M.  Probstfield  came  to  the  locality,  where  he 
found  Adam  Stein  and  E.  R.  Hutchinson.  George  Emerling  came  with  him. 
Emerling  went  to  St.  Joseph  (now  Walhalla)  where  he  built  the  first  flouring  mill 
in  North  Dakota,  excepting  a  small  mill  built  by  Father  Belcourt  at  his  mission. 
Stein  and  Hutchinson  became  permanent  settlers  at  Georgetown,  and  Probstfield 
seven  miles  north  of  Fargo,  at  Oak  Point. 

Probstfield  was  able  to  purchase  supplies  at  Lafayette.  Enroute  to  the  Red 
River  Valley  they  encountered  Anson  Northrup  with  a  heavy  train  of  wagons  and 
forty-four  men,  moving  the  machinery  of  the  steamer  North  Star  from  the  upper 
Mississippi  River  to  the  Red  River.  Northrup  sawed  the  timber  by  means  of  a 
whip  saw,  and  put  a  steamer  on  the  Red  River  in  1859,  as  he  had  contracted  to  do. 
He  collected  his  bonus  and  left  the  proposition  of  manning  it  to  be  solved  by  other 
parties. 

The  persons  named  and  James  Anderson,  living  one  mile  north  of  Fargo. 


230  HISTORY  OF  NORTH  DAKOTA 

known  as  "Robinson  Crusoe,"  were  practically  the  only  settlers  on  the  Red  River 
south  of  Pembina  at  this  time,  March,  1859. 

THE  FIRST  FARM  IN  THE  RED  RIVER  VALLEY 

Georgetown  was  established  in  1859,  by  James  McKay  for  the  Hudson's  Bay 
Company;  a  warehouse,  store  building,  shops,  etc.,  being  erected.  Robert  McKen- 
zie  was  the  first  in  charge.  McKenzie  was  frozen  to  death  returning  from  Pem- 
bina with  supplies,  and  was  succeeded  by  James  Pruden,  who  was  followed  by 
Alexander  Murray;  Mr.  Probstfield  taking  charge  in  1864.  At  the  time  of  the 
Indian  outbreak  in  1862,  there  were  thirty  men  employed  at  Georgetown.  Peter, 
Joseph  and  Adam  Goodman,  brothers  of  Mrs.  Probstfield,  were  in  1861  settlers 
in  the  Red  River  Valley.  Charles  Slayton  and  family  came  in  1859,  and  in  1861 
Zere  B.  Slayton  settled  one  mile  north  of  Fargo. 

In  1858  Edward  Connelly  came  into  the  country  with  a  party  of  twenty, 
employed  by  the  Hudson's  Bay  Company.  In  1859  he  broke  fifty  acres  for  that 
company  at  Georgetown.  This  was  the  first  farm  opened  in  the  Red  River 
Valley. 

The  origin  of  Dakota  farming  is  given  in  Chapter  IV,  Part  One.  Indian 
fanning  and  the  first  white  farmer,  Alexander  Henry,  1801,  are  there  men- 
tioned, but  in  December,  1870,  there  was  not  a  bushel  of  wheat,  oats,  barley,  rye 
or  corn  produced  in  North  Dakota  for  export — none  whatever,  excepting,  pos- 
sibly, a  few  bushels  in  the  settlements  about  Pembina  and  the  Hudson's  Bay 
station  at  Georgetown.  Hon.  Judson  La^Ioure  states  that  the  only  land  under 
cultivation  at  that  time,  aside  from  a  few  small  patches  for  gardens,  was  by 
Charles  Bottineau,  ten  acres ;  Charles  Grant,  five  to  eight  acres ;  Antoine  Gingras, 
twenty  to  twenty-five  acres ;  John  Dole,  two  or  three  acres ;  all  at  Pembina. 
There  were,  perhaps,  two  acres  at  Abercrombie.  Nier  Either  and  Peter  Sta- 
moure  broke  twenty  acres  each  in  1870,  which  was  put  under  cultivation  in  1871, 
but  in  1870  all  of  the  land  under  cultivation  in  North  Dakota  for  every  purpose 
would  not  exceed  one  hundred  acres. 

OTHERS   IDENTIFIED    WITH    D.\KOTA    PRIOR   TO    1861 

Francois  Jeanotte  was  born  on  the  Mouse  River  in  North  Dakota  in  1806,  his 
father  a  French-Canadian,  his  mother  a  Chippewa.  His  father,  Jutras  Jean- 
notte,  was  engaged  in  trade  on  the  Mouse  River  at  the  time  of  the  Lewis  and 
Clark  expedition.  Previously,  when  on  the  Qui-Appelle  his  party  was  attacked 
by  Gros  Ventres,  his  son  killed,  and  his  first  wife  scalped  and  left  for  dead,  and 
he  was  badly  wounded.  Again  attacked  by  an  Indian,  he  wrenched  the  gun 
from  him  and  killed  him.  At  seven  years  of  age,  his  twin  sister  was  found  still 
alive,  scalped,  and  with  fourteen  wounds  on  her  body.  This  was  on  Beaver 
Creek,  a  tributary  of  the  Assiniboine.  Francois,  at  twelve  years  of  age  (1818), 
went  to  Pembina  with  his  mother,  and  stayed  two  years  at  the  Big  Salt  and  Little 
Salt  rivers,  where  the  Hudson's  Bay  Company  had  a  trading  post.  In  1820  he 
states  a  Chippewa  war  party  found  a  trading  post  near  Minot. 

Basil  Clement  arrived  at  Fort  Pierre  in  1840,  at  the  age  of  sixteen,  and  was 
employed  by  the  American  Fur  Company ;  spending  that  winter  at  the  mouth  of 
the  Grand  River.     Bruce  Osborn  was  also  a  clerk  there  at  that  time.     Clement 


EARLY  SETTLERS  OF  NORTH  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  231 

spent  the  winter  of  1841-42  on  the  Cheyenne.  In  1843  he  returned  to  St.  Louis 
on  the  steamer  Prairie  Bird  with  Honore  Picotte  and  Michael  McGilHvray, 
coming  back  Christmas  Day.  He  spent  the  winter  at  Camp  Trader  at  Swan 
Lake  (South  Dakota).  The  next  winter  he  was  on  the  Wind  River  (Wyoming) 
with  James  Bridger,  a  hunter,  trapper  and  explorer  at  Fort  Union  in  1844-45, 
who  gave  some  of  the  earliest  information  regarding  the  discovery  of  gold  in  the 
Black  Hills.  John  Robinson,  uncle  of  Jesse  and  Frank  James,  of  Missouri,  was 
with  Bridger  in  1844.  The  next  winter  Clement  was  on  the  Cheyenne  River 
with  Joseph  Jewett,  trader;  the  next  at  the  mouth  of  Thunder  Creek  on  the 
Moreau,  the  next  with  Frederic  LeBeau,  and  on  the  death  of  LeBeau  he  had 
charge  of  his  post.  In  1848  he  went  to  the  Black  Hills  with  Paul  Narcelle,  trap- 
ping and  hunting.    The  winter  of  1849-50  he  was  again  at  the  Moreau. 

In  1863  he  was  interpreter  for  Gen.  Alfred  Sully  on  his  expedition,  later 
interpreter  at  Fort  Randall,  and  was  intimately  associated  with  Dakota  history 
for  over  sixty  years. 

Paul  Narcelle  was  a  clerk  at  Fort  Pierre,  and  after  his  trip  to  the  Black  Hills 
with  Clement  he  moved  to  a  ranch  at  the  mouth  of  the  Cheyenne  River,  in  1887, 
and  died  in  1889. 

John  F.  A.  Sanford,  son-in-law  of  Pierre  Chouteau,  Jr.,  member  of  the  Amer- 
ican Fur  Company,  was  a  sub-agent  of  the  Indians  at  Fort  Clark  in  1833. 

Charles  P.  Chouteau  was  a  son  of  Charles  P.  Chouteau,  Jr.,  member  of  the 
American  Fur  Company,  changed  to  Charles  P.  Chouteau,  Jr.,  in  1842,  and  in 
1854  to  Charles  P.  Chouteau  Company.    His  wealth  was  rated  at  $18,000,000. 

Louis  Archambault  was  at  Fort  Clark  in  1843,  with  the  American  Fur  Com- 
pany, and  in  1873  a  rancher  near  Fort  Rice. 

Louis  Aagard  came  to  Fort  Pierre  in  1844  and  was  at  Fort  Clark  under 
Joseph  des  Autel,  with  the  American  Fur  Company,  in  1846-47,  an  interpreter 
for  the  Peace  Commission  at  Fort  Rice  in  1868,  and  a  rancher  in  1873  '^^  Aagard 
Bottoms,  near  Bismarck. 

Chas.  C.  Patineaud,  interpreter  at  Fort  Berthold,  was  one  of  the  seventeen 
defenders  of  the  post  in  1S63,  when  attacked  by  Indians.  He  came  to  the  Mis- 
souri River  some  years  previous  to  1855,  when  he  was  in  charge  of  a  winter  trad- 
ing camp  on  the  Little  Missouri. 

Simon  Bellehumeur,  trapper  and  hunter  on  Red  River  in  1804. 

Forrest  Hancock,  trapper  on  the  Yellowstone  in  1804,  met  by  Lewis  and  Clark 
on  their  return  in  1806. 

William  D.  Hodgkiss,  in  charge  of  Fort  Clark  1856-59,  came  to  the  Missouri 
River  prior  to  1840. 

Antoine  Garreau  was  met  by  Lewis  and  Clark  at  the  Arikara  villages  in  1805, 
and  by  Maximillian  at  the  Mandan  villages  in  1833.  His  daughter,  Maggie,  mar- 
ried Andrew  Dawson,  who  was  in  charge  of  the  American  Fur  Company's  trade 
at  Fort  Qark  in  1849,  and  Fort  Benton,  1856  to  1870,  when  he  returned  to  Scot- 
land, leaving  a  daughter  at  Fort  Berthold. 

Pierre  Garreau,  son  of  Antoine  Garreau,  trader  at  Fort  Clark  and  Fort 
Berthold,  interpreter  for  the  Pierre  Chouteau  Company,  died  at  Fort  Berthold, 
1870. 

Charles  Bottineau,  a  brother  of  Pierre  Bottineau,  who  was  born  in  North 
Dakota  and  died  at  eighty-seven  years  of  age,  in  1895. 


232  HISTORY  OF  NORTH  DAKOTA 

Charles  Bottineau  was  a  son  of  Pierre  Bottineau  and  partner  with  Charles 
Grant,  trader  at  St.  Joseph. 

Charles  Grant  was  a  trader  at  Pembina,  in  1850,  and  partner  of  Charles 
Bottineau  at  St.  Joseph. 

John  B.  Bottineau  of  this  family  practiced  law  in  Minneapolis  many  years 
and  his  daughter,  Marie  M.  Baldwin,  is  a  graduate  of  Georgetown  College  and 
in  1916  was  employed  in  the  Indian  office  at  Washington.  She  was  born  in 
North  Dakota  and  as  a  child  roamed  the  prairies  with  her  tribe. 

Antoine  Gingras  was  an  Indian  trader  at  Pembina  in  1850.  He  engaged 
later  in  farming  and  had  sixty  acres  under  cultivation  when  the  Pembina  Com- 
pany was  organized,  and  was  then  the  largest  taxpayer  in  North  Dakota. 

Reuben  Lewis,  brother  of  Meriwether  Lewis,  was  a  partner  of  the  Missouri 
River  Fur  Company,  1809;  in  charge  in  181  t  of  the  Manuel  Lisa  Trading  Post 
above  the  Gros  Ventres  villages. 

Peter  Wilson  came  up  the  Missouri  River  in  1825,  and  later  became  the  agent 
of  the  Mandan  Indians. 

Francois  Renville  was  employed  by  Norman  W.  Kittson  at  Pembina  as  mail 
carrier  in   1832. 

Jean  Pierre  Sarpee  was  a  member  of  the  American  Fur  Company.  His 
brother  was  an  independent  trader  in  1832,  at  Fort  Sarpee  above  Omaha. 

Peter  Beauchamp,  1840,  was  a  trader  and  Arikara  interpreter  at  Fort 
Berthold  for  the  American  Fur  Company  at  the  Arikara  villages  and  Fort  Clark, 
trapping  and  hunting. 

Joseph  Buckman  was  a  trader  and  postmaster  at  Pembina  in  1861.  He  was 
a  member  of  the  Dakota  Legislature,  and  died  in  1862. 

Joseph  Guigon  at  Fort  Berthold,  in  the  employ  of  the  American  Fur 
Company. 

Joseph  Gondreau,  blacksmith  at  Fort  Pierre,  was  in  the  employ  of  the  Amer- 
ican Fur  Company  at  Fort  Clark. 

Charles  Primeau,  who  was  a  clerk  for  the  American  Fur  Company  at  Fort 
Union  in  1831,  had  a  brother  who  was  killed  by  Indians  at  Apple  Creek  in  1832. 
He  established  a  trading  post  above  Fort  Clark,  which  he  sold  to  Hawley  & 
Hubbell.  Two  years  later  that  firm  abandoned  Fort  Primeau  and  it  was  occu- 
pied by  the  American  Fur  Company,  Gerard  having  charge  of  the  post  from 
1857  to  1859.  He  was  at  Fort  Berthold  December  25,  1863,  when  that  post  was 
attacked  by  Two  Bears'  band  of  Sioux,  as  was  also  Charles  Malnouri,  who  came 
there  in  i860. 

In  1869  Gerard  became  an  independent  fur  trader,  and  in  1872  a  government 
interpreter,  and  was  with  Reno's  command  at  the  time  of  the  Custer  massacre, 
June  25,  1876.    Later  he  was  engaged  in  trade  at  Mandan. 

David  Pease  was  a  partner  with  Hawley  &  Hubbell  at  Fort  Berthold,  and 
agent  at  the  Crow  Indian  Agency.  A.  C.  Hawley,  of  the  Hawley  &  Hubbell 
Company,  was  deputy  United  States  marshal  in  Northern  Dakota  in  1873. 

Charles  Primeau  was  interpreter  at  Fort  Yates  and  died  in  1897. 

Jean  B.  Wilke  was  at  St.  Joseph  in  1847.  An  affray  occurred  at  his  place  in 
1861  between  Sioux  and  Chippewa  Indians,  in  which  several  were  killed. 

Joseph  Fisher  was  a  teacher  in  the  Pembina  district  of  Minnesota  Territory 
in  1850. 


HISTORY  OF  NORTH  DAKOTA  233 

Father  Andre  Lacombe,  Roman  Catholic  clergyman,  was  in  the  Pembina  dis- 
trict, census  of  1850. 

Maj.-Gen.  William  P.  Carlin,  a  lieutenant  in  General  Harney's  Punitive  Expe- 
dition of  1855,  was  for  several  years  identified  with  North  Dakota  as  commander 
of  the  military  post  at  Fort  Yates. 

Lucien  Gerou  came  from  St.  Paul  to  Pembina  in  1856,  and  was  in  the  hotel 
business  at  Pembina. 

Joseph  Montraille,  a  half-breed  mail  carrier,  was  employed  by  Norman  W. 
Kittson  at  Pembina  in  1856. 

John  Cameron  was  a  farmer,  ten  miles  south  of  Pembina,  in  1856. 

Antoine  Gerard  was  at  Pembina  in  1856,  employed  by  the  Hudson's  Bay 
Company.    He  kept  the  stage  station  and  ferry  at  Acton. 

Joseph  Lemae  was  a  custom  house  officer  at  Pembina  in  i860. 

Robert  Lemon  was  a  partner,  in  i860,  of  Charles  Larpenteur,  an  independent 
trader,  to  whom  allusion  is  made  in  Part  One,  and  was  succeeded  in  1862  by 
La  Barge,  Harkness  &  Co. 

Andre  Gonzziou,  in  the  employ  of  the  North-West  Company.  Killed  by 
Sioux  when  buffalo  hunting  with  the  Mandans. 

THE    PICOTTES,    GALPIN,    P.\RKINS,    AND    GERARD 

A  tribute  was  paid  in  Chapter  XIV  to  Charles  F.  Picotte,  son  of  Honore 
Picotte,  and  the  daughter  of  Two  Lance,  and  a  brief  sketch  given  of  his  early 
life  and  superior  educational  advantages. 

Charles  E.  Galpin  was  an  employee  of  the  American  Fur  Company  and  super- 
intended, as  noted  in  the  reference  to  that  period  in  behalf  of  that  company  the 
transfer  of  Fort  Pierre  to  the  military  authorities  of  the  Harney  Punitive  Expe- 
dition of  1855.  Later  he  was  engaged  in  trade  at  various  points  on  the  Missouri, 
in  competition  with  the  Pierre  Chouteau  Company.  He  was  in  opposition  to 
Hawley  &  Hubbell — the  firm  consisting  of  A.  C.  Hawley,  James  B.  Hubbell  and 
Frank  Bates  of  St.  Paul — at  Fort  Berthold.  His  title  of  "major"  was  acquired 
from  the  fact  that  army  officers  assigned  to  take  charge  of  Indian  agencies  were 
usually  of  the  rank  of  major,  and  the  Indian  traders  and  military  post  traders 
became  majors  by  courtesy.  Major  Galpin  was  distinguished  for  his  courteous 
manners,  and  for  his  efficiency  as  a  trader.  He  married  the  widow  of  Honore 
Picotte,  who  engaged  in  the  Indian  trade  on  her  own  account  after  the  death  of 
her  husband,  and  continued  it  after  the  death  of  Major  Galpin  on  the  Cannon 
Ball  River.  Her  daughter.  Amy,  now  (1916)  a  widow,  who  married  Henry  S. 
Parkins,  still  manages  their  large  interests  at  the  Cannon  Ball. 

Hon.  Henry  S.  Parkins  was  associated  with  Jack  Morrow  of  Omaha,  Col. 
Robert  Wilson  and  Maj.  Samuel  A.  Dickey,  post  trader  at  Fort  A.  Lincoln  and 
first  postmaster  at  Bismarck,  then  known  as  Edwinton.  Parkins  was  a  member 
of  the  North  Dakota  State  Senate  in  1895. 

Major  Galpin  took  an  active  part  with  his  stepson,  Charles  F.  Picotte,  not 
only  in  securing  the  assent  of  the  Indians  to  the  Treaty  of  1858,  but  also  in  the 
ransom  of  whites  made  captive  during  the  Sioux  uprising.  Major  Galpin  died 
at  Grand  River  in  1870. 

Charles   F.    Picotte   was   a   devoted   son,   and  his   devotion,   not   only   to  his 


234  HISTORY  OF  NORTH  DAKOTA 

mother,  but  to  his  tribe,  was  appreciated  by  the  Government.  He  received  a 
section  of  land,  as  stated,  which  he  selected  at  Yankton,  and  also  an  annuity  of 
$3,000  for  ten  years  from  the  United  States  in  recognition  of  his  valuable  aid 
in  negotiating  the  treaty.  Mention  has  been  made  of  the  building  erected  by 
him  associated  with  Moses  K.  Armstrong,  in  Yankton,  used  for  the  first  terri- 
torial government  building  in  the  territory,  and  he  was  the  sergeant-at-arms  of 
the  House  of  Representatives  at  the  first  session  of  the  Dakota  Legislature.  It 
was  due  largely  to  his  influence  and  that  of  Major  and  Mrs.  Galpin,  that  the 
captives  taken  by  the  Sioux  in  the  uprising  of  1862,  were  returned  to  their  homes 
unharmed.  He  used  his  fortune  in  the  entertainment  of  his  Indian  friends, 
became  dependent  on  his  salary  as  an  interpreter,  and  died  at  the  Greenwood 
Agency. 

Joseph  Picotte,  nephew  of  Honore  Picotte,  was  a  member  of  the  firm  of 
Primeau,  Picotte  &  Boosie,  independent  traders,  supplied  by  Robert  Campbell 
of  St.  Louis. 

Frederic  F.  Gerard  came  from  St.  Louis  to  the  Missouri  with  Honore  Picotte 
in  September,  1848,  then  nineteen  years  of  age,  was  employed  at  Fort  Pierre,  and 
went  to  Fort  Clark  in  the  spring  of  1849.  He  learned  to  speak  the  Arikara 
language  and  for  many  years  was  a  reliable  Arikara  interpreter.  In  1855  he 
accompanied  Basil  Clement  on  a  hunting  trip  to  the  headwaters  of  the  Platte 
River,  bringing  back  a  winter's  supply  of  buffalo  meat.  There  were  five  Red 
River  carts  and  seven  men  on  the  expedition.  They  found  cholera  prevailing 
on  the  Platte.    After  his  return  he  went  to  Fort  Berthold  with  Honore  Picotte. 

IRON    HEART A    TRAPPER's    THRILLING    EXPERIENCE THE    MAGIC    STICK 

Iron  Heart  was  a  prominent  Sioux  chief  taking  part  in  the  battle  of  New 
Ulm,  an  incident  of  the  Sioux  massacre  of  1S62,  described  in  Chapter  XIII. 
Francis  de  Molin,  one  of  the  earliest  settlers  on  the  Indian  Trail  and  mail  route 
from  Grand  Forks  to  Fort  Totten  (on  which  two  years  later  William  N.  Roach, 
afterwards  United  States  senator  from  North  Dakota,  carried  the  mail),  married 
a  daughter  of  Francis  Longie,  an  old  time  Indian  trader,  who  was  at  New  Ulm 
at  the  time  of  the  Sioux  massacre  of  1862.  He  had  a  narrow  escape  then  as  he 
had  many  other  times,  but  in  each  case  was  saved  by  the  Indian  relatives  of  his 
wife.  At  one  time  he  was  ordered  to  leave  the  country,  but  his  wife's  friends 
formed  a  bodyguard  around  him  and  so  marched  him  to  safety.  An  old  Indian 
asked  him  when  a  prisoner,  what  he  thought  about  their  whipping  the  whites  in 
the  war  of  1862,  and  pointing  to  a  rock,  he  replied  that  when  he  could  split  that 
with  his  head  they  could  whip  the  whites.  After  the  war  was  over  the  old  chief 
told  him  that  what  he  said  then  was  true:  they  could  not  whip  the  whites  any 
more  than  they  could  split  the  rock  with  their  heads.  The  life  of  one  of  Longie's 
men  captured  by  the  Indians  was  spared  on  condition  that  he  paint  himself  and 
wear  breech  clouts,  but  after  the  first  day  he  rejected  the  Indian  apparel  and 
told  them  they  could  kill  him  if  they  liked,  but  he  refused  to  wear  that  kind  of 
clothing.  If  he  must  die,  he  would  die  like  a  white  man,  and  the  Indians, 
respecting  him  for  his  bravery,  adopted  him  after  that,  and  defended  him  against 
hostile  tribes.  He  appears  to  have  had  the  benefit  of  "second  sight"  and  feeling, 
having  for  warning  an  involuntary  rising  of  the  hair  on  his  scalp  to  meet  the 


BLIRLINGTON  HOUSE  EST  1884 


FIRST  HOUSE  BUILT  IN  BURLINGTOX  IX  AL'IUL.  l^^^.    JAMES  JOHNSON  IN 

FOREGROUND 


HISTORY  OF  NORTH  DAKOTA  235 

attack  of  the  Indians  when  in  the  vicinity,  ahhough  not  the  stirring  of  a  leaf 
in  an  unusual  manner  betrayed  their  presence.  It  is  recorded  of  him  that  while 
trapping  for  beaver  on  the  Sheyenne  River  he  became  seriously  alarmed  by  this 
phenomenon,  and  when  he  started  to  make  his  exit  after  a  night  spent  in 
hiding,  he  found  himself  completely  surrounded  by  Indians.  He  was  taken 
prisoner — they  had  killed  his  horse — and  they  then  held  a  council  as  to  who 
should  kill  him,  but  his  wife's  relatives  again  prevailed  upon  them  to  give  him 
a  show,  and  they  consented  that  he  should  be  allowed  to  reach  a  hill  near  by 
and  then  get  away  if  he  could.  Backwards  he  proceeded  towards  the  hill,  with 
his  gun  ready,  expecting  treachery,  but  they  did  not  follow  him.  Iron  Heart 
was  in  charge  of  the  party. 

Iron  Heart  was  a  preacher  in  1895  down  on  the  Sisseton  agency,  but  he  used 
to  tell  a  story  of  his  "brave"  deeds  which  he  thought  a  great  joke.  His  heart 
was  bad,  and  in  order  to  gain  peace  of  mind  it  was  necessary  that  somebody 
should  be  killed.  Accordingly  he  got  a  party  of  young  men  together,  and  started 
out  to  war,  but  he  traveled  a  long  way  before  he  found  any  white  settler  with 
surroundings  of  a  character  to  justify  demonstrations.  At  length  perceiving  a 
woman  and  a  child  alone  in  a  tent,  they  went  in  and  demanded  something  to  eat, 
and  having  received  it,  determined  to  await  her  husband's  return  and  demand  a 
double  sacrifice,  to  which  she  retorted  that  he  would  kill  them  with  "a  stick," 
that  weapon  being  plainly  visible  in  his  hand,  as  he  came  whistling  home  with  a 
deer  on  his  shoulder.  ^leantime  one  of  the  Indians,  while  they  were  holding  a 
caucus — with  the  deer  in  anticipation — to  decide  who  should  have  the  coveted 
honor  of  doing  the  killing,  one  Indian,  never  having  taken  a  scalp,  being  on  the 
verge  of  tears  in  his  anxiety,  a  treacherous  hand  pulled  a  trigger  without  consent, 
the  gun  snapped  and  he  was  killed  by  the  man  "with  the  stick,"  who  put  the 
entire  party  to  rout.  It  is  understood  that  Iron  Heart  did  not  claim  that  his 
name  resulted  from  this  incident.  He  declares  he  was  never  so  badly  frightened 
before,  and  that  he  was  sure  the  man  had  nothing  but  a  stick. 

The  first  winter  de  Molin  was  on  his  ranch,  which  is  thirty-five  miles  from 
Fort  Totten  on  the  one  side,  and  100  miles  from  Grand  Forks  on  the  other; 
these  being  the  nearest  settlements,  winter  set  in  in  November  and  the  snow 
drifted  even  to  the  top  of  his  house.  Not  having  heard  from  him  for  three 
months,  Maj.  James  McLaughlin,  who  was  Indian  agent  at  Fort  Totten,  sent  an 
Indian  out  to  find  him  and  report.  He  had  lost  his  first  wife  and  having  married 
a  part-blood,  he  became,  under  the  laws  of  the  Indians  and  the  then  rulings  of 
the  department,  one  of  the  tribe,  and  entitled  to  draw  rations  from  the  Indian 
Department.  There  was  a  Chippewa  half-blood  living  on  the  lake  five  miles  from 
de  IMolin  and  they  were  short  of  supplies,  but  managed  to  live  by  borrowing 
from  one  another.  The  messenger  came  on  snow-shoes  and  found  them,  and 
they  rigged  up  a  dog  sledge  and  went  into  Fort  Totten  with  him  for  supplies. 
The  snow  was  waist  deep,  and  dog  and  men  were  completely  exhausted  when 
they  reached  an  Indian  camp  near  the  agency.  After  resting  they  went  into 
headquarters,  leaving  their  dog  and  sledge  at  the  Indian  camp,  but  when  they 
returned,  the  next  day,  with  their  provisions,  they  found  the  Indians  had  killed 
their  dog  and  had  a  feast  on  his  remains  the  night  before ;  so  they  had  to  "pack" 
their  provisions  thirty-five  miles  through  the  deep  snow  on  their  return  home. 

Senator  Roach's  mail  carriers  sometimes  had  to  rely  upon  the  dog  sledge  to 


236  HISTORY  OF  NORTH  DAKOTA 

get  the  mail  through.  On  one  occasion  a  son  of  Colonel  Smith,  a  half-blood  and 
a  white  man  were  coming  through  with  the  mail  by  dog  train,  and  got  lost  in  a 
blizzard.  They  had  three  dogs  in  their  train.  They  had  killed  one  for  food  and 
one  had  frozen  to  death.  They  lay  in  a  snow  bank  two  days  and  nights  but 
finally  reached  de  Molin's,  staggering  from  exhaustion,  and  fell  at  his  door.  Their 
lives  were  saved  by  the  provision  he  was  able  to  make  for  them.  The  Indians 
were  very  troublesome  at  times  and  even  his  Indian  wife  feared  to  remain  with 
him. 

In  1873,  two  Indians  from  Fort  Totten  killed  the  de  Lorme  family,  near 
Pembina,  and  returned  to  the  agency,  where  Major  McLaughlin  ordered  them 
captured  dead  or  alive.  After  their  arrest  one  of  them  got  away,  and  after  being 
shot  through  the  legs  raised  himself  and  defied  them,  but  the  soldiers  killed  him. 
The  other  went  to  Standing  Rock,  where  he  raised  a  war  party  of  400.  They 
killed  a  stage  driver,  and  it  became  very  threatening  for  a  time. 

MAJ.    JOHN    C.\RL.'\ND 

Maj.  John  Garland  was  identified  with  the  history  of  Dakota  as  a  captain  in 
the  Sixth  United  States  Infantry.  He  was  major  in  the  Twenty-third  Michigan 
Regiment  at  the  close  of  the  Civil  war,  1865,  and  had  charge  of  the  Indian  ponies 
surrendered  by  the  Sioux  after  the  Custer  massacre  in  1876,  which  were  taken 
overland  to  St.  Paul,  and  sold  for  the  benefit  of  the  Indians.  His  son,  John  C 
Carland.  has  filled  the  offices  of  United  States  district  attorney  and  district  judge 
of  South  Dakota,  and  later  United  States  circuit  judge. 


CHAPTER  XVI 

THE  CONQUEST  OF  THE  SIOUX 

christianizing  the  dakotas — american  missionary  board  stations  at  lake 
calhoun — lac  qui  parle — traverse  des  sioux — the  initiative  of  cul- 
ture— translation  of  the  bible  into  the  sioux eagle  help's  vision 

Simon's   conversion — early   settlers  of  spirit  lake — after  the  sioux 

MASSACRE    of     1862 — CHURCH     OF    THE    SCOUTS — SPIRITUAL    DEVELOPMENT    IN 

prison REMOVAL    OF    THE     SURVIVORS     AND     PARDONED    TO    DAKOTA — JOSEPH 

RENVILLE,  DOCTOR  RIGGS  AND  ASSOCIATES — THE  PILGRIMS  OF  SANTEE FOUNDING 

OF  THE   RELIGIOUS   PRESS — THE   FIRST   GENERAL    CONFERENCE — THE   SABBATH — 
MEN  OF  MARK  AMONG  THE  MISSIONARIES — PROPHETS  AND  BLACK  GOWNS. 

Fling  out  the  banner !  let  it  float 

Skyward  and  seaward,  high  and  wide ; 

The  sun,  that  lights  its  shining  folds, 
The  cross,  on  which  the  Saviour  died. 

Fling  out  the  banner !  angels  bend 

In  an.xious  silence  o'er  the  sign ; 
And  vainly  seek  to  comprehend 

The  wonder  of  the  love  divine. 

— Bishop  G.  IV.  Doane. 

CHRISTIANIZING    THE    DAKOTAS — THE    INITI.\TIVE    OF    CULTURE 

In  1834,  a  Dakota  village  of  about  four  hundred  people  existed  on  Lake 
Calhoun,  extending  to  Lake  Harriet,  now  embraced  within  the  city  limits  of 
Minneapolis,  Minn.  Here  that  year  the  Rev.  Samuel  W.  Pond  and  his  brother, 
Gideon  H.  Pond,  commenced  the  spiritual  conquest  of  the  Dakotas.  In  1835, 
they  were  joined  by  the  Rev.  Jedediah  D.  Stevens  and  Dr.  Thomas  S.  William- 
son, also  a  medical  practitioner,  and  Lake  Calhoun  became  a  station  of  the 
American  Missionary  Board.  They  immediately  began  a  systematic  study  of 
the  Sioux  language  in  order  to  better  reach  the  understanding  of  the  natives,  and 
by  1837,  they  had  gathered  a  vocabulary  of  five  or  six  hundred  words,  this.  Dr. 
Stephen  R.  Riggs  declared,  forming  the  basis  of  the  Dakota  graminar.  Two 
houses  were  built  'of  tamarac  logs,  in  one  of  which  a  school  was  established  with 
half  a  dozen  pupils,  principally  mixed-blood  girls.  In  1836,  at  the  request  of 
the  Indian  trader,  Joseph  Renville,  a  three-fourths  blood  Sioux  (first  mentioned 
on  the  Minnesota  River  in  Part  One),  a  congregation  of  seven  members  was 
organized,  principally  of  the  household  of  Mr.  Renville,  who  rendered  invaluable 
aid  in  the  translation  of  the  Bible  into  the  Dakota  language,  until  then  a  rude 

237 


238  HISTORY  OF  NORTH  DAKOTA 

spoken  dialect.  The  Bible  was  translated  and  hymns  composed  or  translated, 
and  reduced  to  written  form  in  the  Dakota  tongue.  It  was  the  beginning  of  the 
creation  of  the  literature  of  a  nation. 

In  an  upper  room — lo  by  12  feet — of  a  log  house,  Doctor  Riggs  lived  and 
worked  for  five  years.  Here  his  first  three  children  were  born,  and  here  his 
grammar  of  the  Dakota  language  was  prepared,  and  the  greater  part  of  the  New 
Testament  translated. 

Mr.  Renville  had  great  influence  over  the  Sioux.  The  members  of  his  own 
family  learned  to  read,  and  some  of  the  "Soldiers'  Lodge"  (council  of  warriors) 
were  next  to  learn. 

In  the  lower  room  of  the  Williamson  Building,  twenty-five  or  thirty  men 
and  women  gathered  every  Sunday,  to  whom  Doctor  Williamson  preached  and 
being  a  physician  he  was  often  able  to  contribute  to  their  temporal  welfare. 
They  sang  Dakota  hymns  composed  by  Mrs.  Renville,  and  Mr.  Pond  prayed  in 
their  language. 

Mr.  Renville's  home  at  Lac  qui  Parle  was  known  as  Fort  Renville,  having 
been  built  for  defense  as  well  as  trade  with  the  Ojibways  (Chippewas).  It  con- 
sisted of  a  store  building,  a  reception  room  with  a  large  fireplace,  and  a  bench 
running  almost  around  the  room,  on  which  the  men  sat  or  reclined.  Mr.  Ren- 
ville sat  in  a  chair  in  the  middle  of  the  room,  with  his  feet  crossed  under  him 
like  a  tailor.  Verse  by  verse  the  Bible  was  read,  Renville  translating  into  the 
Dakota  language,  written  by  Doctor  Riggs  or  Mr.  Pond,  and  again  read  from 
the  Indian  language. 

Thus  from  week  to  week  the  work  went  on  until  the  missionaries  became 
entirely  competent  to  make  their  own  translation,  which  was  finally  completed 
in  1879.     Denville  died  in  March,  1846,  at  Lac  qui  Parle. 

In  the  prosecution  of  their  work  they  encountered  the  most  bitter  opposition, 
which  was  engendered  in  savage  breasts  by  ignorance  and  superstition,  and  in- 
tensified by  the  malice,  jealousy,  avarice  and  licentiousness  of  white  frontier 
traders. 

Eagle  Help  is  claimed  by  Doctor  Riggs — from  whose  book,  "Mary  and  I," 
these  facts  are  principally  obtained — to  have  been  the  first  Sioux  to  read  and 
write  the  Dakota  language,  and  to  have  been  of  great  help  in  the  work  of  trans- 
lating the  Bible.  Eagle  Help  was  not  only  a  warrior  but  a  prophet.  After 
fasting  and  praying  and  dancing  the  circle  dance,  a  vision  of  the  enemies  he 
sought  to  kill  would  come  to  him.  In  his  trance  or  dream,  the  whole  panorama 
• — the  river,  lake  or  forest,  and  the  Ojibways  in  canoes,  or  on  the  land,  would 
appear  before  him,  and  the  spirit  he  saw  in  his  vision  would  say,  "Up,  Eagle 
Help,  and  kill." 

On  one  occasion  having  had  a  vision.  Eagle  Help  got  up  a  war  party  of  a 
score  of  young  warriors,  who  fasted  and  feasted,  decked  themselves  in  hostile 
array,  danced  the  "No  Flight  Dance,"  listened  to  real  war  stories  by  the  old  men, 
and  went  ofif  to  war,  first  killing  two  Mission  cows.  When  they  returned,  after 
many  days,  without  having  seen  an  enemy  they  blamed  the  missionaries  for 
Eagle  Help's  false  vision. 

lean  N.  Nicollet  and  Lieut.  John  C.  Fremont  visited  the  camp  soon  afterward 
(1839),  and  induced  the  Indians  to  pay  for  the  cows.    Eagle  Help  accounted  for 


ALANSON  W.  EDWARDS 
Fargo  pioneer 


CLEMENT   A.  LOUNSBERRY,   BISJIAECK 


ERASTUS  A.  WILLIAMS 


Photo     at    twenty-one    years    of    age,    when  Bismarck    pioneer,    lawyer    and    legislator 

captain  in  Twentieth  Michigan  Volunteers 


HISTORY  OF  NORTH  DAKOTA  239 

his  failure  as  a  war  prophet  by  the  claim  that  his  knowledge  of  the  Christian 
religion  had  destroyed  his  powers. 

The  treaty  of  1837,  providing  for  the  education  of  the  Sioux,  Doctor  Riggs 
held,  had  proved  to  be  a  handicap  rather  than  a  help,  because  the  traders  induced 
the  Indians  to  oppose  the  use  of  the  money  for  that  purpose  and  to  insist  upon 
its  being  turned  over  to  them  for  general  purposes;  and  lest  there  might  be  a 
treaty  some  time  that  would  permit  the  missionaries  to  get  the  money,  they 
ordered  the  Soldiers'  Lodge  (Council  of  Warriors)  to  prevent  the  children  from 
going  to  school. 

In  the  work  of  the  missionaries  the  women  were  not  only  taught  ordinary 
household  duties,  but  to  spin,  knit  and  sew,  and  the  little  girls  to  do  patchwork,' 
that  is,  sew  pieces  of  calico  of  various  colors,  cut  in  squares,  together  to  form  a 
quilt  or  counterpane  for  a  bed. 

"Before  the  snows  had  disappeared  or  the  ducks  come  back"  in  the  spring, 
the  annual  hunting  party  would  return  laden  with  rich  furs  and  other  products 
of  the  chase,  and  the  traders  would  then  reap  their  harvest;  to  be  followed  by  a 
long  period  of  distress  among  the  Indians  dependent  on  hunting  for  their 
subsistence. 

In  January,  1838,  a  hunting  party  of  Sioux  divided  while  in  the  vicinity  of 
the  present  site  of  Benson,  Minn.,  leaving  three  lodges  there  alone,  which  were 
visited  by  Hole-in-the-Day,  a  Chippewa  chief,  accompanied  by  ten  warriors. 
The  Sioux,  although  near  starvation  themselves,  treated  their  guests  hospitably, 
killing  two  dogs  and  giving  them  a  feast,  and  in  return  the  Chippewas  arose  at 
midnight  and  murdered  the  entire  three  families.  In  1839,  1,000  Ojibways  on  a 
peaceful  mission,  left  Fort  Snelling,  in  two  parties;  one  by  way  of  the  St. 
Croix  River  and  the  other  by  way  of  Run  River,  and  on  their  return  to  their 
homes  both  parties  were  followed  by  the  Sioux  in  retaliation  for  the  death  by 
two  young  Ojibways  of  a  prominent  member  of  the  Lake  Calhoun  Village  to 
avenge  the  killing  of  their  father  by  the  Sioux.  A  terrific  slaughter  ensued  and 
as  a  consequence  the  Sioux  fearing  to  remain  at  Lake  Calhoun  removed  to  the 
Minnesota  River  and  with  them  the  missionaries  who  established  themselves  in 
a  station  at  Lac  qui  Parle  now  in  Minnesota. 

In  1840,  the  rate  of  postage  was  25  cents  on  letters,  and  although  Lac-qui- 
Parle  was  less  than  two  hundred  miles  from  Fort  Snelling,  the  nearest  postoffice, 
it  was  sometimes  from  three  to  five  months  before  mail  could  be  obtained  from 
there  at  Lac-qui-Parle. 

In  1840,  when  Doctor  Riggs  visited  Fort  Pierre,  where  there  were  about 
forty  lodges  of  Tetons  then  encamped,  he  decided  that  the  time  had  not  yet  come 
to  carry  the  work  into  that  region,  but  in  later  years  it  was  transferred  to 
Dakota. 

In  1 84 1,  Simon  Anawangomane  (the  Simon  Peter  of  the  Sioux)  became  the 
first  Dakota  brave  to  embrace  the  Christian  religion.  A  considerable  number 
of  women  had  become  converted,  but  the  braves  were  not  willing  to  follow  their 
lead.  It  was  hard  for  Simon  to  give  up  taking  human  life,  says  Doctor  Riggs, 
and  still  harder  to  give  up  his  surplus  wives ;  but  after  three  years  of  wrestling 
with  the  proposition,  he  yielded  and  led  the  Christian  warrior  band,  becoming 
a  bright  and  shining  star  to  lead  their  way.  He  put  on  the  white  man's  clothing 
and  planted  a  field  of  corn  and  potatoes.     The  braves,  knowing  his  mettle,  let 


240  HISTORY  OF  NORTH  DAKOTA 

him  alone,  but  the  women  and  children  pointed  the  finger  of  scorn  at  him,  which 
he  resisted,  but  the  temptation  of  strong  drink  mastered  him  and  Simon  went 
back  for  a  time  to  his  old  Indian  dress  and  ways,  but  in  1854  returned  to  the 
church.  At  first  he  only  ventured  to  sit  on  the  doorsteps,  then  he  found  a  seat 
in  the  furthermost  corner,  advancing  by  degrees  to  his  old  place,  and  for  more 
than  twenty  years  he  took  a  leading  part  in  christianizing  the  Sioux ;  the  last 
ten  as  a  licensed  exhorter.  He  was  wounded  in  the  battle  at  Wood  Lake,  and  his 
son,  who  was  wounded  at  the  same  engagement,  died  of  his  wounds. 

The  mission  at  Traverse-des-Sioux  was  established  in  1843,  tiy  Doctor  Riggs 
and  associates.  That  year  two  Sioux  on  the  way  to  meet  the  missionaries  were 
killed  by  Ojibways  sneaking  in  the  grass,  and  to  avenge  their  death  their  friends 
shot  the  horse  belonging  to  the  mission  and  later  two  oxen  at  intervals  met  a 
similar  fate  at  their  hands. 

Traverse-des-Sioux  was  situated  twelve  miles  above  the  present  City  of 
Lesueur,  Minn.,  twenty-five  miles  from  Lac-qui-Parle.  St.  Paul  was  then  a 
mere  collection  of  grog  shops,  depending  principally  on  the  Indian  trade.  The 
enterprising  Indians  from  the  Minnesota  River  would  go  to  St.  Paul,  buy  a  keg 
of  whiskey,  have  a  carousal  on  part  of  its  contents,  fill  it  up  with  water,  and  then 
go  to  Dakota  and  trade  it  for  a  horse. 

By  1848,  the  attitude  of  the  Indians  toward  the  missionaries  had  so  changed 
that  the  Soldiers'  Lodge  was  placed  at  their  service. 

The  Dakota  Presbytery,  organized  in  1845,  licensed  and  ordained  George 
H.  Pond  and  Robert  Hopkins,  ministers  of  the  Gospel,  and  Rev.  Moses  N. 
Adams,  Rev.  John  F.  Alton  and  Rev.  Joshua  Potter  came  to  that  region  for  work 
among  the  Dakotas.  Reverend  Mr.  Hopkins  was  drowned  July  4th  of  the  same 
year.     In  June,  1849,  the  Christian  work  was  extended  to  r>ig  Stone  Lake. 

In  185 1,  the  army  offices  at  Fort  Snelling  had  collected  a  Sioux  vocabulary 
of  five  or  six  hundred  words.  The  collection  of  Doctor  Riggs  had  then  reached 
3,000,  in  two  years  more  it  had  doubled,  and  in  1856,  reached  10,000  words. 
The  Dakota  Dictionary  when  published  in  1874  contained  16,000  words. 

In  1852,  Doctor  Williamson  erected  buildings  at  the  Yellow  Medicine 
Mission. 

In  1857,  the  mission-house  at  Lac-qui-Parle  was  burned  and  the  station  was 
moved  to  Hazelwood,  six  miles  from  the  Yellow  Medicine  Agency,  and  there 
rebuilt.     The  Indians  from  Lac-qui-Parle  followed  to  the  same  place. 

At  first  the  Dakota  children  were  educated  in  the  families  of  the  mission- 
aries, but  at  Hazelwood  a  boarding  school  was  established,  starting  with  twenty- 
pupils. 

EARLY   SETTLERS   AT   SPIRIT   LAKE 

In  1857,  when  there  were  about  fifty  settlers  at  and  near  Spirit  Lake,  Iowa, 
Inkpadoota,  who  was  the  leader  of  a  hunting  party  of  Wahpetons,  visited  that 
locality.  Game  being  scarce  and  the  party  in  bad  humor,  they  made  demands 
on  the  whites  which  were  not  readily  complied  with,  so  the  Indians  helped 
themselves,  and  were  insulting  to  the  women  of  nearly  the  whole  settlement. 
Four  women  were  carried  away  captive ;  one  of  whom,  Mrs.  Marble,  was  treated 
kindly,  having  been  purchased  by  friendly  Indians  and  ransomed.  One  slipped 
from  a  log  on  which  she  was  required  to  cross  a  stream,  and  while  in  the  water 


HISTORY  OF  NORTH  DAKOTA  241 

was  shot  by  the  Indians.  Another,  Mrs.  Noble,  was  killed  in  Inkpadoota's  camp, 
and  Mrs.  Abbie  Gardner  was  returned  to  her  family  through  the  good  offices 
of  John  Other-day  and  other  Indians  friendly  to  the  mission.  One  of  the  sons 
of  Inkpadoota  took  refuge  in  the  Yellow  Medicine  Camp  and  was  killed  in  an 
eiifort  made  to  capture  him.  The  annuities  having  been  stopped  until  the  Indian 
murderers  were  surrendered,  Little  Crow  with  a  hundred  braves  having  under- 
taken to  punish  them,  reported  that  he  had  found  and  fought  them,  killing  a 
dozen  or  more,  and  the  government  accepted  his  statement  as  true  and  restored 
the  suspended  annuities,  but  little  Crow's  story  was  not  believed  by  the  friendly 
Indians. 

For  twenty-seven  years  the  work  of  Doctor  Riggs  and  his  associates  had 
moved  steadily  forward,  when  the  mission  moved  from  Lac-qui-Parle  ^  to 
Traverse-des-Sioux  and  seventy-five  communicants  had  been  gathered  into  the 
churches.  The  clouds  seemed  lifting,  the  prospects  brightening,  when  there  burst 
around  them  that  terrible  cyclone  of  blood  on  the  fatal  i8th  day  of  August, 
1862,  when  the  Sioux  massacre  began,  their  churches  and  homes  were  laid  in 
ashes,  their  members  were  scattered  and  the  missionaries  compelled  to  flee  to 
St.  Paul  and  Minneapolis.  Apparently  the  missionary  work  among  the  Dakotas 
was  doomed. 

The  friendly  Indians  made  a  cache  in  which  they  buried  money  and  valuable 
books  belonging  to  Doctor  Riggs,  and  the  library  at  Hazelwood.  Spirit-Walker, 
Robert  Hopkins,  Enos,  Good  Hail  and  Makes  Himself  Red,  were  sent  after  Mrs. 
Huggins,  of  the  mission,  who  had  been  protected  in  the  family  of  Spirit- 
Walker. 

The  seed  sown  in  the  hearts  of  some  of  the  Indians  bore  fruit,  not  only  at 
the  time  of  the  massacre,  but  in  the  prison  camp,  where  the  work  of  regeneration 
gained  its  greatest  headway.  During  their  confinement,  the  prison  became  a 
school  and  an  interest  in  the  Christian  religion  was  awakened  and  fostered  that 
later  largely  contributed  to  the  civilization  of  the  Sioux. 

THE    CHURCH    OF   THE    SCOUTS 

Hundreds  of  Indians  were  captured  and  imprisoned  at  Mankato  and  Fort 
Snelling,  and,  in  their  confinement,  these  Indian  captives  sent  for  the  very  mis- 
sionaries they  had  rejected  when  free.  They  listened  eagerly  to  the  story  of 
redeeming  love.  A  precious  work  of  grace  sprung  up  among  them  and  hundreds 
were  converted.  Three  hundred  Indian  braves  were  baptized  in  a  single  day 
at  Mankato,  and  organized  in  the  prison  a  Presbyterian  Church,  the  "Church  of 
the  Scouts."  When  they  were  released  and  returned  to  the  agencies,  in  1866, 
they  formed  the  nuclei  of  churches  and  schools  and  Christian  communities.  The 
next  spring  the  families  of  the  condemned  prisoners  were  sent  to  Crow  Creek 
Reservation,  Dakota.  The  prisoners  not  executed  were  taken  to  Davenport, 
Iowa,  where,  at  Camp  McClellan.  they  were  guarded  by  soldiers  for  the  next 
three  years.  Then  their  irons  were  removed  and  later  they  were  allowed  to  go 
to  town  and  sell  bows  and  arrows  and  other  things  of  Indian  make,  or  go  to  the 
country  to  work.  About  thirty  per  cent  of  the  Indians  died  of  disease  during 
their  confinement;  smallpox  prevailing  among  them  adding  much  to  the  losses. 
Something  over  one  hundred  men,  women  and  children  were  added  to  the  camp, 
although  not  condemned. 


242  HISTORY  OF  NORTH  DAKOTA 

Thirteen  hundred  Indians  were  sent  to  Crow  Creek,  Dak.,  in  1863,  300  of 
these  passing  away  before  June  1st  and  the  ravages  of  disease  continued. 

Little  Six  and  Medicine  Bottle,  who  were  indicted  for  complicity  in  the 
massacre,  were  captured  later,  tried,  convicted  and  hanged. 

In  1866  the  surviving  prisoners,  among  them  members  of  the  "Church  of  the 
Scouts,"  were  restored  to  liberty  and  joined  their  families  on  the  Niobrarra  River. 

Simon  Anawangomane  and  Peter  Bigfire  were  licensed  to  preach,  and  Davis 
Renville  was  ordained  a  ruling  elder. 

During  the  campaign  against  the  Indians  the  Wahpetons  and  Sissetons  in 
the  employ  of  the  Government,  formed  camps  at  Lake  Traverse  and  Buffalo 
Lake,  known  as  the  Scouts'  Camps.  These  camps  were  within  what  afterwards 
became  the  Sisseton  Reservation  in  North  and  South  Dakota,  and  formed  a 
bulwark  against  the  roving  bands  of  Sioux  who  infested  the  country. 

Fort  Wadsworth  had  but  recently  been  established,  and  there  were  a  number 
of  friendly  Sioux  employed  there.  Solomon  Toon-kan-shacehaya,  Robert  Hop- 
kins,  Louis   Mazawakinyanna  and  Daniel  Renville  were  licensed   to  preach   in 

1867.  Louis  went  to  Fort  Wadsworth  and  commenced  religious  work  there. 
Rev.  George  D.  Crocker  was  post  chaplain  at  the  fort.  John  B.  Renville  and 
Dr.  Thomas  J.  Williamson  were  engaged  in  religious  work  in  the  vicinity  and 
at  the  fort.  In  1868,  they  were  joined  by  Doctor  Riggs,  John  P.  Williamson  and 
Artemus  Ehnamane,  a  native  minister.  John  B.  Renville  and  Peter  Bigfire  had 
settled  at  the  head  of  Big  Dry  Lake,  Dakota,  where  a  camp-meeting  was  held  in 

1868,  and  about  sixty  persons  added  to  the  native  church.  Another  camp-meeting 
was  held  at  Buffalo  Lake.  A  church  was  organized  at  Long  Hollow,  and  Solomon 
was  selected  to  be  their  religious  teacher.  In  1869  Doctor  Riggs  again  visited 
Fort  Wadsworth.  Dr.  Jared  W.  Daniels,  the  new  agent,  was  then  on  the  ground. 
The  annual  camp-meeting  was  held  at  Dry  Wood  Lake.  Doctor  Daniels  com- 
menced to  build  a  dormitory  and  school  at  that  point,  and  W.  K.  Morris  became 
the  teacher.  It  was  then  John  B.  Renville  moved  to  Lac-qui-Parle  to  the  reserva- 
tion. Daniel  Renville  was  also  there  and  Gabriel  Renville  was  at  the  agency. 
Ascension  was  then  the  leading  church  with  J.  B.  Renville  pastor.  Daniel  Ren- 
ville was  chosen  pastor  at  Goodwill.  Solomon  at  Long  Hollow,  Louis  at  Fort 
Wadsworth,  or  Kettle  Lake,  as  then  called,  and  Thomas  Good  at  Buffalo  Lake; 
Louis  later  going  to  Manyason.  In  1871  there  were  eight  native  church  organ- 
izations in  Dakota. 

Amherst  W.  Barber,  who  has  rendered  much  valuable  assistance  in  the  prep- 
aration of  this  work,  visited  the  Big  Sioux  River  Indian  settlement,  in  Dakota, 
in  connection  with  his  work  as  a  United  States  surveyor  in  1873.  There  was  then 
a  white  teacher  there,  a  handsome  church,  and  a  schoolhouse  for  the  Indian  set- 
tlers occupying  comfortable  log  houses  and  lands  allotted  to  them,  and  now,  in 
1916,  they  and  their  children  enjoy  all  the  rights  of  American  citizens  and  are 
accorded  the  respect  due  them  as  such.  They  were  pardoned  warriors  from 
Little  Crow's  band. 

THE   PILGRIMS   OF   SANTEE 

The  pilgrims  at  Santee  numbered  267,  with  Rev.  Artemus  Ehnamane  and 
Rev.  Titus  Ichadorge,  pastors.     The  Flandreau,  or  River  Bend  Church,  num- 


HISTORY  OF  NORTH  DAKOTA  243 

bered  107  members,  Joseph  Grow-old-man,  pastor,  and  the  Lac-qui- Parle  Church 
41  members.  The  Ascension  Church  on  the  reservation  had  69  members  with 
Rev.  John  B.  Renville,  pastor.  The  Dry  Wood  Lake  Church  had  42  members. 
Rev.  Daniel  Renville,  pastor.  The  Long  Hollow  Church  had  80  members.  Rev. 
Solomon  Toon-kan-chachaya,  pastor.  The  Kettle  Lake  or  Fort  Wadsworth 
Church  had  38  members  with  Rev.  Louis  Mazawakenyauna,  stated  supply,  and 
a  church  at  Yankton  agency  had  ig  members  in  charge  of  Rev.  John  P.  Williamson. 

FOUNDING  THE  RELIGIOUS   PRESS 

In  .May,  1 87 1,  a  publication  known  as  lapi  Oaye,  or  Word  Carrier,  was  estab- 
lished in  editorial  charge  of  Rev.  John  P.  Williamson.  The  paper  was  at  first 
printed  wholly  in  the  Sioux  language;  after  the  first  year  a  portion  in  English. 

THE    FIRST    GENERAL    CONFERENCE 

The  first  general  conference  was  held  in  1871,  on  the  Big  Sioux,  where  a 
number  of  Indians  had  taken  homesteads,  and  these  homesteaders  in  due  time 
(twenty-five  years)  received  unrestricted  patents  to  their  land  and  were  admitted 
to  all  the  rights  carried  by  United  States  citizenship. 

The  Dakota  Mission  had  been  connected  with  the  American  Board  of  Com- 
missioners for  Foreign  Missions  of  the  Presbyterian  Church ;  but  in  1870,  Rev. 
Albert  L.  Riggs,  a  Congregationalist  minister,  went  to  the  Santee  Agency  and 
established  the  Santee  High  School,  with  Eli  Abraham  and  Albert  Frazier  assist- 
ants. Doctor  Daniels,  who  had  built  an  Episcopal  house  of  worship  at  the 
Sisseton  Agency,  having  been  appointed  on  the  recommendation  of  the  Rt.  Rev. 
Bishop  H.  B.  Whipple,  resigned,  and  Rev.  Moses  N.  Adams  was  appointed  in 
his  stead. 

In  the  month  of  June,  1872,  when  the  roses  on  the  prairie  began  to  bloom  and 
the  grass  took  on  its  richest  green,  a  conference  was  held  at  the  Church  of  Good- 
will, Sisseton  Agency,  Dr.  Thomas  S.  Williamson,  then  of  St.  Peter,  Minnesota, 
and  Rev.  John  P.  Williamson  of  Yankton,  Rev.  Joseph  Ward  of  Yankton,  and 
the  Pond  brothers,  and  Rev.  Albert  L.  Riggs  and  Thomas  L.  Riggs  of  Santee, 
lieing  present ;  the  visiting  clergymen  driving  from  two  to  three  hundred  miles 
for  the  purpose.     The  gathering  of  the  natives  was  very  large. 

The  following  spring  a  treaty  was  made  by  Agent  Moses  N.  Adams,  William 
H.  Forbes  and  James  Smith,  Jr.,  United  States  commissioners,  by  which  the 
Wahpeton  and  Sisseton  Indians  released  their  claims  to  Northeastern  Dakota, 
on  account  of  the  Northern  Pacific  Railroad,  and  that  year  a  brick  schoolhouse 
was  dedicated  at  the  Sisseton  Agency. 

In  closing  an  account  of  the  conference  at  Yankton  Agency  in  1873,  Doctor 
Riggs  writes :  "And  hands  received  the  sacrament  which,  but  for  a  knowledge 
of  this  dear  sacrifice,  might  have  regarded  it  their  chief  glory  that  their  hands 
were  stained  with  human  blood,"  adding  "Just  as  we  close,  in  strange  contrast 
with  the  spirit  of  the  hour,  two  young  Indian  braves  go  by  the  window.  They 
are  tricked  out  with  all  manner  of  savage  frippery,  ribbons  stream  in  the  wind, 
strings  of  discordant  sleigh-bells  grace  their  horses'  necks  and  herald  their  ap- 
pearance. Each  carries  a  drawn  sword  which  flashes  in  the  sunlight,  and  a 
plentiful  use  of  red  ochre  and  eagle  feathers  completes  the  picture." 


2U  HISTORY  OF  NORTH  DAKOTA 

In  the  winter  of  1873  a  mission  was  established  for  the  Tetons  opposite 
Fort  Sully.  The  Indians  threatened  to  burn  the  mission  house,  hostiles  crowded 
about  the  place,  and  their  camps  were  noisy  with  singing  and  dancing,  prepar- 
ing for  war. 

That  year.  Agent  Moses  N.  Adams  erected  a  building  for  a  training  school 
at  the  Sisseton  Agency,  and  that  winter  it  was  used  for  training  girls  under  the 
care  of  J\Ir.  and  Mrs.  Armor.  Mr.  and  Mrs.  Morris  cared  for  the  boys  in  other 
quarters.  There  were  sixteen  of  each.  In  1874  a  church  was  erected  on  the  Sisse- 
ton Agency  at  a  cost  of  $1,800,  and  the  Dakota  House  at  the  Santee  Agency 
was  completed  at  a  cost  of  $4,200.  That  year  Doctor  Riggs  visited  Fort  Berthold. 
Maj.  Lawrence  B.  Sperry  was  the  agent.  Rev.  Charles  L.  Hall,  married  but  a 
week  previous,  was  ordained  and  sent  to  the  Berthold  Agency,  and  for  forty 
years  has  been  doing  most  excellent  work  for  the  uplift  of  that  tribe  of  Indians. 

The  conference  at  the  Sisseton  Agency  in  1876  was  welcomed  by  Agent  Maj. 
John  G.  Hamilton,  who  has  supplied  infomiation  of  incalculable  value  in  the 
preparation  of  this  history.  At  this  meeting  a  Dakota  ]\Iissionary  Society  was 
organized,  and  $240  was  raised  for  a  mission  to  be  stationed  at  Standing  Rock. 
David  Grey  Cloud  was  selected  for  that  work. 

A  letter  written  by  Mrs.  Stanley,  wife  of  Gen.  David  S.  Stanley,  to  the  New 
York  Evangelist,  calling  attention  to  conditions  bordering  on  the  Missouri  River, 
in  1870,  served  to  help. 

At  the  Conference  of  1877,  Rev.  John  Eastman,  the  youngest  of  the  native 
clergymen,  took  a  leading  part. 

The  following  matter  prepared  by  Rev.  R.  L.  Creswell  in  1896,  gives  addi- 
tional facts  in  this  connection : 

"There  are  now  (1896)  amongst  them  19  ministers,  21  congregations,  1,280 
communicants,  and  862  Sunday  school  scholars.  They  expended  last  year  for 
missions,  $1,350  and  for  other  expenses,  $2,700,  in  all,  over  four  thousand  dol- 
lars for  church  purposes.  There  are,  also,  10  Congregational  churches  with  670 
communicants.  These  two  great  denominations  have  many  schools  filled  with 
Dakota  pupils.  In  1872,  at  Sisseton,  Dakota  Territory,  they  organized  the  Dakota 
Indian  Conference  for  the  purpose  of  uniting  more  closely  the  Dakota  churches, 
stimulating  the  Dakota  workers  and  advancing  our  Savior's  Kingdom.  This 
conference  meets  annually  and  is  the  great  event  of  the  year  for  this  tribe. 

"In  1875,  the  Native  Missionary  Society  was  organized,  'to  send  the  gospel 
to  the  heathen  Indians.'  Under  its  auspices  there  are  thirty-one  Women's  Mis- 
sionary societies  and  several  Young  People's  bands  in  successful  operation.  They 
carry  on  several  mission  stations  and  collect  and  expend  annually  $1,200.  In 
1880  they  organized  Young  Men's  societies,  'in  order  that  their  young  men  might 
grow  in  the  love  and  spirit  of  God.'  In  1885.  they  affiliated  with  the  General 
Association  of  the  Whites.  Their  Twenty-fifth  Annual  Conference  was  held 
September  13-16,  1895,  at  Mountain  Head,  S.  D.,  at  the  northern  end  of  the 
Coteau  of  the  Prairies.  This  was  the  hunter's  paradise  in  the  olden  time.  In 
1823.  4,000  buiifalo  skins,  besides  other  valuable  furs,  were  shipped  from  this 
locality.  It  is  a  picturesque  spot,  well  adapted  to  such  a  peculiar  gathering. 
Two  hundred  and  fifty  delegates  and  1,000  spectators  were  present.  They 
were  gathered  from  all  the  thirteen  Sioux  agencies.  The  opening  exercises  con- 
sisted of  an  address  by  Rev.  John  P.  Williamson,  D.  D.,  on  'Sociology,'  and  the 


HISTORY  OF  NORTH  DAKOTA  245 

presentation  of  the  'Fundamental  Points  of  the  Gospel  Message,'  by  the  Rev. 
A.  L.  Riggs,  D.  D.  Then  with  prayer,  praise,  reading  of  the  Word,  and  with 
warm  words  of  Christian  greeting,  the  regular  work  of  the  conference  was 
ushered  in.  The  discussion  of  such  themes  as  Ts  no  band  of  the  Dakotas  yet 
prepared  for  citizenship?'  'What  are  the  Indians  to  do  for  a  living?'  "What 
may  be,  and  what  may  not  be  done  on  the  Sabbath?'  occupied  the  day  sessions 
of  Friday  and  Saturday.  The  Flandreaus,  the  Sissetons  and  Wahpetons  were 
thought  to  be  quite  well  fitted  for  citizenship.  The  Indian  should  work  for  his 
living  like  white  folks.  Only  works  of  absolute  necessity  and  real  mercy  should 
be  done  on  the  Sabbath  day.  The  Y.  M.  C.  A.  occupied  the  evening  sessions  in 
the  interest  of  the  young  men.  They  were  addressed  by  Secretary  Copeland,  of 
Winnipeg,  on  'Study  of  the  Bible,'  and  by  Dr.  Charles  A.  Eastman,  of  St.  Paul, 
on  'Our  Bodies.'  He  is  a  trained  Christian  physician  of  their  own  race.  Rev. 
Charles  R.  Crawford  and  Rev.  John  Eastman,  native  pastors,  discussed  these 
important  questions,  'What  is  it  to  be  a  Christian  and  how  shall  a  Christian 
fulfill  the  duties  of  his  position.'  The  Dakota  Presbytery  and  the  Dakota  Asso- 
ciation convened  on  Saturday  and  heard  reports  from  all  their  churches  and 
mission  stations.  Pleasant  and  profitable  missionary  gatherings  for  the  women 
and  endeavor  meetings  for  the  youth  were  also  held.  The  large  auditorium  was 
thronged  at  every  session,  with  hundreds  hanging  about  the  doors  and  windows, 
all  intensely  interested  in  and  gravely  listening  to  the  discussions.  Many  took 
notes  which  will  be  repeated  to  smaller  gatherings,  and  thus  the  whole  tribe  will 
be  largely  reached  and  benefited. 

"The  speeches  were  brief,  earnest,  pointed.  The  speakers  stopped  at  once 
when  through.  The  Indian  has  not  yet  learned  to  speak  against  time.  The  sing- 
ing was  sweet  and  soul-stirring.  Hundreds  of  Indians,  spending  day  after  day 
in  such  discussions,  and  200  Indian  women  singing  gospel  hymns  and  engaging 
in  prayer  and  bringing  their  gifts  to  send  that  same  glorious  gospel  to  their 
degraded  sisters  elsewhere,  were  grand  sights  to  see. 

THE  SABBATH 

"The  Sabbath  dawned  most  gloriously.  The  picturesque  blufl^s  around  the 
church  were  covered  with  the  white  tepees  of  the  Christian  Dakotas.  Prayer  and 
praise  went  up  in  the  early  dawn  to  the  Great  Spirit,  whom  they  now  worship, 
'in  spirit  and  in  truth.'  At  11  A.  M.  a  vast  audience  gathered  out  of  doors  and 
the  crowning  services  of  the  whole  series  began.  Hundreds  of  Dakotas  sitting 
in  ranks  on  the  grass  listening  reverently  to  the  gospel  from  one  of  their  own 
race,  singing  heartily  in  their  own  tongue  'All  hail  the  power  of  Jesus'  name,' 
and  receiving  joyfully  the  symbols  of  our  Saviour's  love,  formed  a  scene  never  to 
be  forgotten. 

"May  the  richest  blessings  of  heaven  rest  upon  the  work  and  the  workers 
among  the  Dakotas.    Its  final  and  complete  triumph  is  assured." 

MEN  OF  MARK  AMONG  THE  MISSIONARIES 

The  Rev.  John  P.  Williamson,  D.  D.,  of  Greenwood,  S.  D.,  was  born  in  1835, 
the  first  white  babe  bom  at  Lac-qui-Parle,  Minnesota.    He  has  taken  his  sainted 


246  HISTORY  OF  NORTH  DAKOTA 

father's  place,  has  grown  up  in  the  work,  speaks  both  languages  fluently,  and  is 
greatly  revered  by  all  the  Dakotas,  who  lovingly  call  him  "John."  He  is  the 
general  superintendent  of  the  Presbyterian  work  among  the  Dakotas.  The  Rev. 
A.  L.  Riggs,  D.  D.,  of  Santee,  Neb.,  whom  the  Indians  called  "Zitkadan  Hash- 
tan"  or  "Good  Bird,"  when  a  babe  at  Lac-qui-Parle,  with  his  brother,  Rev. 
Thomas  L.  Riggs,  are  men  of  might  in  the  Congregational  department  of  the 
work.  They  are  sons  of  the  Rev.  Stephen  R.  Riggs,  who  entered  the  work  in 
1837.  Rev.  John  Baptiste  Renville  of  lyakaptapte  (Ascension)  is  the  young- 
est son  of  the  famous  Joseph  Renville.  His  is  the  longest  pastorate  in  the 
Dakotas.  He  is  an  able  and  eloqttent  minister,  a  faithful  pastor  and  a  genial 
Christian  gentleman.  He  is  the  owner  of  a  good  farm  and  a  comfortable  home 
well  furnished,  and  is  greatly  beloved  by  both  whites  and  Indians. 

Rev.  Artemus  Ehnamane  (Walking  Through)  was  a  famous  warrior  in  his 
youth.  He  participated  in  the  early  bitter  contests  of  his  nation  with  the  Chip- 
pewas,  danced  the  scalp  dance  on  the  present  site  of  Minneapolis  (then  a  wind 
swept  prairie),  was  converted  in  the  Mankato  revivals  of  '63  and  is  now  pastor 
of  a  very  large  native  congregation.  Rev.  John  Eastman,  a  young  man  of  prom- 
ise, is  a  Presbyterian  pastor,  and  Government  agent  for  the  Flandreau  Band.  He 
claims  for  his  people,  "every  adult  a  member  of  the  church  and  every  child  of 
school  age  in  school." 

PROPHETS   AND   BLACK    GOWNS 

In  the  early  days  of  the  work  of  the  mission  among  the  Dakotas,  a  new 
prophet  arose  in  the  southwest  (Tavibo),  known  as  the  Nevada  prophet.  The 
spirit  of  God,  so  to  speak,  was  working  among  the  Indians  of  almost  every 
tribe.  From  far  distant  Oregon  they  sent  representatives  to  Nevada,  and  on 
their  return  they  sent  a  mission  to  Gen.  William  Qark,  of  the  Lewis  and  Clark 
Expedition,  then  residing  at  St.  Louis,  for  his  judgment  on  the  Nevada  prophet. 
The  party  spent  a  winter  at  St.  Louis,  where  one  of  them  died,  the  others  return- 
ing home  the  next  spring.  In  answer  to  their  Macedonian  call  Rev.  Fr.  Peter 
John  DeSmet,  born  in  Belgium  in  1801,  who  came  to  the  United  States  in 
1821,  was  sent  to  the  Flatheads.  Father  DeSmet,  mentioned  in  Chapter  XIV  as 
having  charge  of  the  education  of  Charles  F.  Picotte,  left  Westport,  Missouri, 
April  30,  1840,  with  the  annual  expedition  of  the  American  Fur  Company  in  the 
caravan  of  Capt.  James  Dripps  on  the  way  to  Green  River.  At  the  Cheyenne 
village  Father  DeSmet  was  hailed  as  a  minister  of  the  Great  Spirit,  and  as  the 
chief  met  him,  shaking  his  hand,  he  said :  "Black  Gown,  my  heart  was  filled  with 
joy  when  I  learned  who  you  were.  My  lodge  never  received  a  visitor  for  whom 
I  feel  greater  esteem.  As  soon  as  I  was  apprised  of  your  coming  I  ordered  my 
great  kettle  to  be  filled,  and  in  your  honor  I  commanded  that  my  three  fattest 
dogs  should  be  served." 

Father  DeSmet,  at  a  council,  stated  the  object  of  his  visit,  and  the  Indians 
assured  him  they  would  provide  for  the  "black  gown"  (priest)  who  might  be  sent 
to  them.  When  he  was  yet  a  long  distance  ofif,  the  Flatheads  sent  an  escort  of 
warriors  to  protect  him.  They  claimed  that  in  a  battle  with  the  Blackfeet,  in 
which  sixty  of  their  men  were  engaged  five  days,  they  killed  fifty  Blackfeet  with- 
out losing  one  man ;  that  the  Great  Spirit  knew  they  were  going  to  protect  his 
messenger  and  so  gave  them  power  over  their  enemies. 


HISTORY  OF  NORTH  DAKOTA  247 

The  trappers  and  traders  had  assembled  in  great  numbers  at  the  Green  River 
rendezvous,  where  an  altar  was  built  on  an  elevation  and  surrounded  with  boughs 
and  flowers,  and  mass  was  celebrated,  a  great  number  being  present.  After  his 
address  the  Indians  deliberated  nearly  an  hour  and  then  said,  "Black  Gown,  the 
words  of  thy  mouth  have  found  their  way  to  our  hearts;  they  will  never  be  for- 
gotten. Our  country  is  open  for  thee.  Teach  us  what  we  have  to  do  to  please 
the  Great  Spirit,  and  we  will  do  according  to  your  words." 

On  several  occasions  Father  DeSmet  visited  the  Dakota  Indians,  and  the 
same  cordial  greeting  was  given  him  by  all  the  tribes,  regardless  of  their  relations 
to  each  other.  Their  souls  went  out  to  him  as  the  visible  representative  of  the 
Great  Spirit  who  had  the  power  to  quiet  their  troubled  minds  when  in  contact 
with  them. 

The  story  of  the  Shawnee  prophet,  an  earlier  Indian  character,  is  told  in  a 
previous  chapter  in  Part  One  and  further  information  as  to  the  christianizing  of 
the  Dakotas  is  related  in  connection  with  the  Sioux  massacre,  after  which  the 
conquest  of  the  Sioux  was  carried  to  Dakota  soil. 

JVlany  of  the  missionary  establishments  that  have  spread  and  multiplied 
among  the  Sioux  are  the  direct  outgrowth  of  the  labors  of  the  pioneers,  both  men 
and  women,  herein  mentioned.  Alfred  L.  Riggs,  the  founder  of  the  Santee 
Mission  Training  School  at  Santee,  Nebraska,  passed  away  on  April  15,  1916, 
after  forty-six  years  of  successful  work  in  the  footsteps  of  his  father,  the  noted 
translator. 

From  that  inspiring  hymn,  "Onward,  Christian  Soldiers,"  written  by  S.  Bar- 
ing-Gould (1865),  the  following  lines  are  selected: 

Like  a  mighty  army- 
Moves  the  Church  of  God ; 

Brothers,  we  are  treading 
Where  the  saints  have  trod; 

We  are  not  divided, 
AH  one  Body  we, 

One  in  hope  and  doctrine, 
One  in  charity. 

Onward,  Christian  soldiers. 
Marching  as  to  war, 

With  the  cross  of  Jesus 
Going  on  before ! 


CHAPTER  XVII 
THE  CONQUEST  OF  THE  SIOUX— Continued 

THE    RELIGION    OF    THE    DAKOTA    INDIANS — THE    GHOST    DANCE — THE    PROPHET    OF 

THE    DELAWARES TAVIBO WOWOKA's    GOLDEN    RULE SHORT    BULL KICKING 

BEAR DEATH  OF  SITTING  BULL — THE  BATTLE  OF  WOUNDED  KNEE — END  OF  THE 

GHOST  DANCE  CRAZE — EVER  PRESENT  FEAR  OF  INDIANS  AMONG  THE  PIONEERS 

FRONTIER   HARDSHIPS — THE   BLIZZARD RED  RIVER  FLOODS. 

"Thy  spirit,  Independence,  let  me  share: 
Lord  of  the  lion  heart  and  eagle  eye, 
Thy  steps  I  follow  with  my  bosom  bare 

Nor  heed  the  storm  that  howls  along  the  sky." 

— Tobias  Smollett  (1721-1771),  Ode  to  Independence. 

Hope  Springs  eternal  in  the  human  breast.  The  Indians  of  America,  no  less 
than  the  white  men  of  Europe,  and  the  brown  men  of  Asia,  have  had  many- 
prophets  and  messiahs,  who  have  taught  them  in  spiritual  things. 

Among  the  Indian  teachers,  one  of  the  most  noted  was  the  prophet  of  the 
Delawares,  who  claimed  to  have  visions  in  which  he  received  instructions  from 
the  Master  of  Life,  who  taught  a  return  to  the  simple  life  of  the  red  man  as  the 
only  avenue  to  Indian  happiness.  His  followers  were  required  to  give  up  all 
they  had  acquired  from  the  white  men  and  return  to  the  fire  sticks  and  bows  and 
arrows  of  their  fathers,  when  it  would  be  possible  for  them  to  organize  and  drive 
away  the  white  men  who  were  encroaching  upon  them. 

The  story  of  the  Shawnee  prophet  has  already  been  given  in  these  pages. 

Born  during  this  period  of  excitement  another  Indian  prophet  appeared  in 
Nevada,  Tavibo,  said  to  have  been  the  father  of  the  Indian  messiah  of  1890.  He 
taught  the  resurrection  of  the  dead  and  restoration  of  the  game  and  the  disap- 
pearance of  the  whites,  leaving  their  effects  and  improvements  to  be  enjoyed  by 
the  Indians. 

To  bring  about  these  results  it  was  taught  that  there  must  be  obedience  to  the 
ten  commandments,  and  in  addition  they  must  cease  using  intoxicating  liquors 
and  refrain  from  gambling  and  horse  racing.  The  propaganda  was  carried  on 
secretly,  and  it  was  accompanied  by  a  dance,  which  was  the  forerunner  of  the 
ghost  dance.  Since  1871  there  have  been  other  messiahs,  all  teaching  substan- 
tially the  same  thing,  their  highest  hopes  being  centered  on  the  return  of  the  game, 
and  the  disappearance  of  the  whites,  when  the  Indian  should  again  enter  on  the 
life  enjoyed  by  their  fathers. 

When  Tavibo  died,  in  1870,  he  left  a  son,  Wovoka,  then  fourteen  years  of  age, 
who  had  been  reared  in  the  land  of  his  father,  Mason  Valley,  Nevada,  and  who 

248 


HISTORY  OF  NORTH  DAKOTA  249 

dreamed  his  dreams,  and  as  he  says  when  the  sun  died,  meaning  an  ecHpse,  he 
went  up  into  heaven  and  saw  God  and  all  of  the  people  who  died  long  ago,  and 
returning  from  his  sleep  he  told  his  people  what  he  had  seen  and  heard,  and  his 
fame  went  out  to  all  Indian  lands,  and  the  tribes  sent  their  wise  men  to  see  and 
know  of  him.  Dakota  sent  its  representatives  and  the  delegates  declared  that  each 
one,  though  of  different  tribes  and  language,  heard  Wovoka  in  his  own  tongue.. 
And  Wovoka  told  them  that  they  must  not  hurt  anyone  or  do  any  harm  to  any- 
one ;  that  they  must  not  tight  and  must  always  do  right  for  it  would  give  them 
much  satisfaction ;  that  they  must  not  tell  any  lies  or  refuse  to  work  for  the  whites 
or  make  any  trouble  for  them;  that  when  their  friends  die  they  must  not  cry. 
He  charged  them  that  they  must  not  tell  the  white  people  but  that  the  son  of  God 
had  returned  to  the  earth ;  that  the  dead  were  alive  and  there  would  be  no  more 
sickness,  and  everyone  would  be  young  again ;  this  might  be  in  the  fall  or  in  the 
spring,  he  could  not  tell,  but  they  must  dance  every  six  weeks,  every  night  for 
four  nights  and  the  fifth  night  till  morning.  Then  they  must  bathe  in  the  river 
and  go  home,  and  when  they  danced  they  must  make  a  feast  and  have  food  that 
everyone  might  eat.  And  he  gave  them  some  new  food  and  some  sacred  paint, 
and  promised  that  he  would  come  to  them  sometime. 

And  thus  equipped  the  wise  men  of  the  tribes  returned  to  their  people  to  teach 
the  return  of  the  ghosts  and  inaugurate  the  ghost  dance.  For  the  ghosts  were 
coming  and  they  were  driving  before  them  vast  herds  of  antelope  and  buffalo  and 
other  game. 

One  of  the  Indians  who  was  present  at  the  Mason  Valley  conference  with 
Wovoka  said  of  the  meeting : 

"Heap  talk  all  the  time.  Indians  hear  all  about  it  everywhere,  Indians  come 
from  long  way  ofT  to  hear  him.  They  come  from  east;  they  make  signs.  All 
Indians  must  dance,  everywhere  keep  on  dancing.  Pretty  soon  Big  Man  come. 
He  bring  back  all  game,  of  every  kind,  the  game  being  thick  everywhere.  All  dead 
Indians  come  back  and  live  again.  They  all  be  strong,  just  like  young  Indians 
and  have  fine  time.  When  Old  Man  come  this  way  then  all  Indians  go  to  the 
moutains,  high  up  away  from  the  whites.  Whites  can't  hurt  Indians  then.  Then 
while  Indians  go  way  up  high  big  flood  come  and  all  white  people  get  drowned. 
After  that  water  go  away,  then  nobody  but  Indians  everywhere,  all  kinds  of  game 
thick.  Indians  who  don't  dance,  who  do  not  believe  this  word,  will  grow  little, 
just  about  a  foot  high  and  stay  that  way.  Some  will  be  turned  into  wood  and 
will  be  burned  in  fire." 

The  returning  delegates  brought  this  new  religion  to  the  Dakota  Indians  in  the 
winter  of  1889  and  1890.  Sitting  Bull  was  its  chief  exponent  at  Standing  Rock. 
Kicking  Bull  and  Big  Foot  were  at  the  Sheyenne  Agency  and  Short  Bull  was 
the  demonstrator  at  the  Rosebud.  Short  Bull  had  visited  Wovoka;  he  had 
touched  the  hand  of  the  Messiah ;  had  received  from  him  the  holy  bread  and  the 
sacred  paint  and  had  listened  to  his  words ;  he  had  received  messages  through 
him  from  his  friends  in  spirit-land  and  had  been  told  of  their  homes  and  their 
employments,  and  of  the  vast  herds  of  buffalo  and  other  game  and  had  been 
assured  that  the  day  was  soon  coming  when  there  would  no  longer  be  any  whites 
to  make  them  afraid.  He  told  the  Indians  that  they  were  living  the  sacred  life; 
that  the  soldiers'  guns  were  the  only  thing  of  which  they  were  afraid,  but  these 
belonged  to  their  father  in  heaven,  and  they  should  no  longer  fear  the  soldiers. 


250  HISTORY  OF  NORTH  DAKOTA 

He  said:  "If  the  soldiers  surround  you  four  deep,  three  of  you  on  whom  I  have 
placed  the  holy  shirt,  shall  sing  a  song  which  I  have  taught  you,  passing  around 
them,  when  someone  will  fall  dead.  The  others  will  start  to  run,  but  their  horses 
will  sink.  The  riders  will  jump  from  their  horses  and  they  will  sink  also.  Then 
you  can  do  to  them  as  you  desire.  Now  you  must  know  this  that  all  of  the  race 
will  be  dead,  there  will  be  only  5,000  living  on  earth."  He  urged  that  they  should 
dance  and  be  prepared  for  the  time  when  these  things  should  come. 

And  thus  they  were  prepared  for  the  events  of  1890.  The  agent  at  Pine 
Ridge  was  frantic  with  fear.  He  telegraphed  every  day  for  troops.  In  August, 
1890,  2,000  Indians  met  for  the  dance  near  Pine  Ridge  Agency  and  refused  to 
give  it  up  when  ordered  by  the  agent  to  stop.  They  leveled  their  guns,  threaten- 
ing armed  resistance  to  any  interference.  At  the  mere  rumor  of  coming  soldiers 
they  fled  to  the  Bad  Lands,  where  they  were  joined  by  malcontents  from  other 
agencies.  Short  Bull  at  the  Rosebud  and  Big  Foot  at  the  Sheyenne,  also  persisted 
in  the  dance. 

Octbber  9,  1890,  a  party  of  Indians  under  Kicking  Bear  left  the  Sheyenne 
Agency  to  visit  Sitting  Bull.  He  had  invited  them  to  visit  him  at  his  camp  on 
the  Grand  River  to  inaugurate  the  ghost  dance  there.  The  dance  had  begun 
at  Sheyenne  River  in  September. 

Sitting  Bull's  heart  was  bad.  He  had  broken  the  pipe  of  peace  which  had 
hung  on  his  cabin  wall  since  his  surrender  in  1881,  declaring  that  he  wanted  to 
fight,  and  that  he  wanted  to  die.  He  had  ceased  to  visit  the  agency.  As  a  young 
man  he  refused  to  live  at  the  agencies.  He  had  spent  the  summers  on  the  plains 
and  the  winters  in  the  Bad  Lands,  or  mountains,  or  in  the  timber  on  the  Mouse 
River.  Though  a  medicine  man  rather  than  a  warrior,  he  had  great  influence  with 
the  Indians,  drawing  them  to  him  and  wielding  them  and  the  malcontents  of 
almost  every  tribe  against  the  whites. 

Agent  James  McLaughlin,  of  the  Standing  Rock  Agency,  visited  Silting  Bull's 
camp  to  induce  him  to  return  to  the  agency  but  he  failed  and  the  dance  went  on. 
Col.  William  F.  Cody  (Bufl^alo  Bill)  was  employed  by  the  Indian  ofiice  at  Wash- 
ington to  go  to  his  camp,  in  the  hope  that  he  could  influence  him,  but  without 
avail.  Major  McLaughlin,  who  had  succeeded  much  better  than  the  other  agents 
in  controlling  the  Indians  under  his  charge,  advised  against  Sitting  Bill's  arrest 
at  that  time,  lest  it  should  lead  to  an  outbreak,  but  his  arrest  had  been  determined 
upon  by  the  Indian  office.  It  was  known  that  he  intended  to  join  the  malcontents 
at  the  Pine  Ridge  Agency  and  that  he  had  been  invited  to  come  there  for  "God 
was  about  to  appear."  He  had  asked  permission  to  go  but  had  prepared  to  go 
without  permission.  So  on  September  14,  1890,  it  was  determined  to  make  the 
arrest  without  further  delay.  There  were  some  forty  Indian  police  available  and 
two  companies  of  military,  by  forced  marching  from  Fort  Yates,  were  placed  in 
supporting  distance. 

Sitting  Bull's  arrest  was  made  withovit  resistance,  but  the  police  were  imme- 
diately surrounded  by  one  hundred  and  fifty  or  more  of  his  friends  on  whom 
Tie  called  to  rescue  him.  Whereupon  they  rushed  upon  the  police  and  engaged  in 
a  hand-to-hand  battle.  One  of  Sitting  Bull's  followers  shot  Lieut.  Bull  Head, 
the  officer  in  command  of  the  Indian  police,  in  the  side.  Bull  Head  turned  and 
shot  Sitting  Bull,  who  was  also  shot  at  the  same  time  by  Sergt.  Red  Tomahawk. 
Sergt.  Shave  Head  was  also  shot.     Catch  the  Bear,  of  Sitting  Bull's  party,  who 


FOUETEEN    FOOT    LIGNITE    SEAM    ON    LITTLE    MISSOURI    RIVER,    NORTH- 
WESTERN   DAKOTA 


X 


HISTORY  OF  NORTH  DAKOTA  251 

fired  the  first  shot,  was  killed  by  Alone  Man,  one  of  the  Indian  police.  There 
were  eight  of  Sitting  Bull's  party  killed,  including  his  seventeen-year-old  son. 
The  Indian  pohce  lost  six  killed  or  mortally  wounded.  Most  of  Sitting  Bull's 
followers  joined  the  Indians  in  the  Bad  Lands. 

Two  weeks  later,  under  the  humane  and  fearless  work  of  the  military  officers, 
most  of  the  Indians  who  fled  to  the  Band  Lands  on  the  approach  of  the  military 
had  been  induced  to  return  to  their  agencies. 

Big  Foot's  band  and  a  few  of  Sitting  Bull's  Indians  only  remained  in  the 
field.     Big  Foot  had  agreed  to  surrender.     He  was  ill  with  pneumonia,  and  the 
army  physician  had  made  him  comfortable  in  his  tepee.    The  pipe  of  peace  hung 
on  the  center  pole  of  his  lodge.    A  white  flag  floated  from  the  middle  of  his  camp 
in  token  of  his  surrender.     The  women  and  children  stood  about  the  doors  of 
the  tepees,  watching  the  soldiers  in  their  camp,  without  thought  of  harm.     The 
camps  of  the  soldiers  entirely  surrounded  the  Indian  camp.    The  military  officers 
had  demanded  the  surrender  of  the  Indians'  guns,  in  order  to  remove  the  tempta- 
tion of  another  uprising,  and  had  promised  food  and  clothing,  and  transporta- 
tion for  their  return  to  their  respective  agencies.    A  group  of  soldiers  stood  near 
the  tepee  of  Big  Foot.    The  Indians  had  been  requested  to  come  out  of  their  tepees 
and  deliver  their  arms.     About  twenty  worthless  pieces  had  been  surrendered, 
while  fully  two  hundred  were  known  to  be  in  their  possession.    A  party  of  soldiers 
were  searching  the  tepees  for  more  arms.    There  was  a  growing  feeling  of  anger 
among  the  Indians.     Yellow  Bird  was  circling  about  the  camp,  incessantly  blow- 
ing a  whistle  made  from  an  eagle  bone,  and  urging  the  Indians  to  resist,  possibly 
reminding  them  of  the  promise  to  Short  Bull  that  someone  should  fall  dead  and 
the  soldiers  would  be  in  their  power.     Presently  he  ceased  blowing  the  eagle 
bone  and  threw  a  handful  of  dust  into  the  air.     At  that  moment  Black  Fox,  a 
young  Indian  from  the  Sheyenne  Agency,  fired  on  the  soldiers,  who  instantly 
responded  with  a  volley  at  such  close  range  that  their  guns  almost  touched  the 
Indians,  many  of  whom  fell  dead  or  wounded.     Their  survivors  sprang  to  their 
assistance  and  a  hand-to-hand   struggle  followed.     Nearly  all  the  Indians  had 
knives,  some  warclubs,  and  many  had  guns  hid  under  their  blankets,  prepared  for 
just  such  an  event.     While  the  hand-to-hand  struggle  was  going  on  about  the 
tepee  of  Big  Foot,  the  artillery  opened  on  the  Indian  camp.    There  was  the  white 
puff  of  smoke,  the  roar  of  cannon,  the  shriek  of  shot  and  shell,  the  rattle  of 
musketry,  and  the  screams  of  women  and  children,  as  they  fled  to  the  prairie 
for  safety,  followed  by  volleys  of  musketry,  and  the  dash  of  cavalry,  cutting  them 
down  regardless  of  age  or  sex. 

In  but  a  few  moments  200  Indians  and  sixty  soldiers  lay  dead  or  wounded 
upon  the  battlefield.  Big  Foot  lay  dead  in  his  tepee.  The  men  were  mostly  killed 
about  his  skin  covered  tent,  the  women  and  children  were  nearly  all  killed  in 
flight,  their  bodies  being  scattered  over  the  prairies  for  a  distance  of  two  miles 
or  more.  After  the  battle  a  gentle  snow  fell,  spreading  a  mantle  of  white  over 
the  bloody  scene.  Many  of  the  Indians  wounded  were  frozen  or  perished  in  the 
blizzard  which  followed.  Two  babes  were  found  alive  among  the  dead  on  the 
third  day  after  the  battle  and  were  reared  and  educated  by  white  officers. 

The  Indian  dead  were  buried  in  a  single  trench.  The  Indians  built  a  fence 
around  the  grave,  smearing  the  posts  with  sacred  paint  from  the  hand  of  the 
Messiah.     Among  the  soldier  dead  were  Capt.  George  D.  Wallace  and  thirty-one 


252  HISTORY  OF  NORTH  DAKOTA 

of  the  gallant  Seventh  Cavalry.  Lieut.  Ernest  A.  Garlington  and  Lieut.  Harry 
L.  Hawthorne  were  among  the  wounded. 

The  first  troops  arrived  at  Pine  Ridge  November  19,  1890.  Gen.  Nelson  A. 
Miles  was  in  command  of  the  campaign.  Some  three  thousand  troops  were  sta- 
tioned at  various  points  in  the  Lidian  country.  Upon  the  first  approach  of  the  troops 
most  of  the  Indians  fled  to  the  Bad  Lands,  carrying  away  part  of  the  agency  herd 
of  cattle,  and  destroying  their  own  homes  and  the  homes  of  those  who  were  not  in 
sympathy  with  them.  Under  the  pacific  work  of  General  Miles  and  his  officers, 
most  of  the  Indians  had  been  induced  to  return  to  their  respective  agencies,  and 
in  a  few  hours  more,  at  most,  it  was  expected  the  ghost  dance  uprising  would  be 
over  without  a  single  depredation  upon  the  whites. 

After  the  battle  of  Wounded  Knee  4,000  Indians  immediately  took  the  war- 
path. The  agency  was  attacked  and  serious  loss  was  likely  to  result  both  to  the 
whites  and  to  the  Indians,  but  wiser  counsels  prevailed  and  on  January  12,  1891, 
the  hostiles  surrendered  to  General  Miles  and  the  ghost  dance  war  was  over.  The 
Indians  gave  up  their  arms  and  returned  to  their  agencies.  Kicking  Bear  and 
Short  Bull  voluntarily  surrendered  and  were  sent  to  Camp  Sheridan,  until  all  fear 
of  trouble  was  over. 

There  was  nothing  in  the  teachings  of  Wovoka  that  necessarily  led  to  war. 
"Do  right  always  and  do  no  harm  to  any  one"  was  the  golden  rule  laid  down  by 
him,  and  it  is  quite  equal  to  that  of  Jesus,  "Do  unto  others  as  you  would  be  done 
by,"  or  the  older  rule  of  the  Chinese  teacher,  "Do  not  unto  others  that  which 
you  would  not  have  them  do  unto  you."  The  Indians  were  doing  no  harm  in 
their  dances.  True,  they  were  expecting  much  and  hoping  for  it  soon,  but  when 
the  spring  time  passed  and  the  summer  faded  and  the  chilly  blasts  of  autumn 
were  again  upon  them  and  the  ghosts  and  the  game  came  not,  their  good  sense 
would  have  returned  and  the  excitement  would  have  died  out  as  the  fires  lighted 
under  the  inspiration  of  a  former  Messiah  flickered  and  died. 

Had  the  advice  of  Major  McLaughlin  and  General  Miles  been  accepted,  or 
had  the  matter  been  left  entirely  in  their  hands,  there  would  have  been  no  blood- 
shed. It  was  the  frantic  appeals  of  the  agent  at  Pine  Ridge  that  brought  the 
military.  Their  coming  resulted  in  a  stampede  of  the  Indians  to  the  Bad  Lands. 
The  foolish  conduct  of  Yellow  Bird  and  Black  Fox  brought  on  the  wholly  unpre- 
meditated battle  of  Wounded  Knee.  They  struck  the  match  that  kindled  the 
flame  of  battle. 

But  the  surrender  of  January  12,  1891,  came  very  near  not  being  the  end. 
The  Indians  were  quiet  in  their  homes  near  the  agency.  Their  ponies,  except  a 
few  held  in  camp  for  emergency,  were  grazing  on  the  bufifalo  grass  covered  plains 
near  by.  There  was  activity  in  the  military  camp.  The  Indian  sentinels  signaled 
their  chief  and  the  Indian  camp  was  in  turmoil.  There  was  instant  preparation 
for  battle  and  for  flight.  Boots  and  saddles  and  the  assembly  sounded  in  the 
military  camp  and  cavalry  and  infantry  moved  into  place  for  the  march.  General 
Miles  had  sent  a  messenger  to  the  Indians  to  assure  them,  but  still  they  were 
afraid,  and  the  rumor  flew  that  all  of  the  women  and  children  were  to  be  mas- 
sacred, as  those  were  who  were  at  Wounded  Knee.  A  single  shot  from  foolish 
Indian  or  careless  soldier  there  would  have  added  another  bloody  page.  But 
there  was  none.  The  troops  took  up  their  line  of  march  and  the  Indian  country 
was  again  without  soldiers  to  make  the  red  men  afraid. 


HISTORY  OF  NORTH  DAKOTA  253 

In  the  hearts  of  the  Indian  the  principles  taught  by  Wovoka  hve.  The  hope 
that  the  dead  and  the  game  may  return,  no  longer  exists,  at  least  they  are  not 
expected  in  the  spring,  nor  when  the  prairie  chicken  begins  to  fly,  nor  when  the 
berries  are  ripe  in  autumn.  The  pipe  of  peace  hangs  on  the  cabin  wall,  and 
emblazoned  on  their  hearts  is  the  motto:  "Do  not  fight.  Do  right  always  and  do 
no  harm  to  anyone."  Hungry  sometimes.  But  they  are  learning  that  the  Great 
Spirit  will  listen  to  the  music  of  the  plow  and  the  hoe  and  supply  their  wants, 
and  they  know  that  the  sunshine  and  grass  never  fail,  and  that  the  cattle  can  take 
the  place  of  the  bufifalo. 

FRONTIER   HARDSHIPS 

The  hardships  of  frontier  days  were  many.  There  was  the  constant  dread 
of  Indian  attack,  and  the  knowledge  that  the  apparently  friendly  Indian  was 
bound  by  the  regulations  of  his  tribe ;  that  the  soldier's  lodge,  or  warriors  in 
council,  governed.  There  was  no  certain  protection  unless  backed  by  force  and 
a  will  to  direct  it. 

There  was  lack  of  food  for  weeks  and  months  at  a  time  and  lack  of  proper 
clothing.  There  was  danger  from  wild  animals  and  from  storms.  In  the  Red 
River  Valley  after  the  grasshopper  raid  of  1818  the  country  was  left  barren  of 
seed,  and  Selkirk  sent  an  expedition  overland  to  Prairie  du  Chien  to  obtain  a  sup- 
ply at  an  expense  of  some  six  thousand  dollars.  The  expedition  left  Prairie  du 
Chien  April  15,  1820,  with  three  Mackinaws  loaded  with  200  bushels  of  wheat, 
100  bushels  of  oats  and  30  bushels  of  peas.  They  passed  up  the  Mississippi 
River  to  the  Minnesota,  up  the  Minnesota  to  Big  Stone  Lake,  and  then  by  means 
of  rollers  under  their  boats  made  a  portage  of  i  J/2  miles  into  Lake  Traverse,  then 
into  the  Bois  de  Sioux  and  thence  into  the  Red  River,  arriving  at  Pembina  June 
3d.  all  of  the  way  from  Prairie  du  Chien  by  water  excepting  ij^  miles.  Only 
that  difference  between  the  waters  emptying  into  the  Gulf  of  Mexico  and  those 
wending  their  way  to  Hudson  Bay.  There  were  five  weeks  in  1852  when  there 
was  uninterrupted  canoe  communication  between  the  Red  River  and  the  Minne- 
sota, and  boats  actually  made  the  trip  from  Pembina  to  St.  Paul. 

As  to  the  conditions  that  year  at  Pembina  we  have  the  testimony  of  Cliarles 
Cavileer,  the  collector  at  Pembina.  There  were  no  herds  of  lowing  kine  and  no 
fields  of  waving  grain.  There  was  the  trader's  store  at  Pembina,  the  United 
States  Customs  Office  and  some  seven  buildings  pertaining  to  the  trading  post. 
There  were  several  half-breed  families  in  the  vicinity. 

Cavileer  and  a  companion  were  in  the  cock  loft  of  the  custom  house  where 
they  were  confined  during  the  flood,  excepting  as  they  got  out  in  boats.  Cavileer 
said :  "In  this  loft  with  one  companion  I  spent  over  five  weeks  surrounded  by 
water  over  five  feet  deep,  extending  from  the  River  O'Maris  to  the  Minnesota 
Ridge.  There  was  thirty  miles  of  open  sea.  One  night  it  blew  a  furious  gale. 
The  waves  rolled  over  the  roof  and  every  moment  we  expected 'the  frail  build- 
ing to  go  over,  but  we  were  saved  by  being  in  the  lee  of  the  Kittson  buildings. 
There  were  seven  of  these  arranged  in  an  L  shape  made  of  heavy  oak  logs.  Some- 
times we  went  visiting,  returning  in  our  canoes  the  visits  of  the  fair  maidens  to 
our  bachelor  quarters,  and  sometimes  we  went  hunting  ducks  and  geese  by  rowing 
around  among  the  timber,  and  had  much  success  in  hunting  duck  eggs  among  the 


254  HISTORY  OF  NORTH  DAKOTA 

driftwood.  Notwithstanding  the  flood,  we  Hterally  feasted  on  the  fat  of  the 
land."  Cavileer  insisted  that  he  never  had  so  much  fun  in  his  Hfe  as  he  had 
during  those  five  weeks.  Conditions  had  changed  some,  however,  prior  to  the 
latest  flood  of  1897,  when  canoeing  was  not  so  pleasant  a  pastime  in  the  streets 
of  some  of  the  Red  River  Valley  cities.  There  were  floods  also  in  1828,  1861, 
1873  and  1882.  Surveys  have  recently  been  made  with  a  view  to  Government 
action  toward  relieving  the  valley  from  the  disastrous  eft'ects  of  these  floods,, 
which  are  not  as  severe,  however,  as  they  were  in  the  early  days. 

And  there  were  blizzards,  too,  in  those  days.  General  Fremont  speaks  of  one 
that  came  up  during  his  explorations.  The  word  blizzard  was  not  used  until 
after  the  war  in  connection  with  these  storms.  They  were  known  as  nor-westers. 
Rosecrans  used  to  say  "fire  low,  boys,  give  them  a  blizzard  in  the  shins,"  when 
resisting  the  charge  of  the  enemy.  A  shower  of  shot  and  shell  might  be  more 
terrific  to  meet  than  a  storm  driving  particles  of  ice  at  forty  to  sixty  miles  an 
hour,  as  the  blizzard  does,  but  the  blizzard  is  bad  enough. 

Fortunately  these  storms  were  not  frequent  and  are  in  a  great  measure  dis- 
appearing before  the  development  of  the  country,  even  though  callow  youths 
and  tenderfeet  are  inclined  to  give  the  name  to  every  winter  storm.  There  was 
a  blizzard  which  prevailed  for  three  days  in  February,  1866.  In  December,  1867, 
there  was  another.  Hon.  Donald  Stevenson  had  forty-five  wagons  drawn  by  oxen 
loaded  with  supplies  for  Fort  Ransom.  They  had  left  St.  Cloud  and  had  reached 
their  destination  and  were  on  their  return  trip.  Stevenson  followed  them  by 
stage.  He  was  approaching  Fort  Abercrombie,  or  rather  nearing  the  dinner  sta- 
tion east  of  Abercrombie,  when  the  storm  came  upon  them.  A  fine  mist  came 
creeping  over  the  prairie.  They  knew  too  well  what  was  coming.  Before  they 
could  button  down  the  flaps  on  the  stage  the  storm  was  upon  them  in  all  its  fury. 
It  was  striking  the  driver  and  team  fairly  in  the  face,  blinding  them.  It  was 
with  the  utmost  difficulty  that  the  team  could  be  kept  facing  the  storm.  Every 
few  moments  one  from  the  stage  would  be  obliged  to  get  out  and  help  remove 
the  icicles  which  were  closing  the  eyes  of  the  driver.  A  building  could  not  have 
been  distinguished  five  feet  ahead  of  the  team  or  on  either  side  of  it.  The  beaten 
road  was  hard  and  by  instinct  the  horses  sprang  back  to  that  when  their  feet 
touched  the  soft  snow.  Finally  the  team  stopped  and  refused  to  go  any  further. 
They  were  at  the  door  of  the  dinner  station.  It  was  the  third  day  before  Mr. 
Stevenson  was  able  to  reach  his  train.  Twenty-one  of  his  oxen  had  perished. 
Several  of  the  wagons  were  literally  buried  and  five  of  them  were  left  until 
spring.  Several  of  the  men  had  been  fifty  hours  in  the  storm  without  food.  On 
the  way  to  the  train  Stevenson  found  two  men  from  a  Fort  Ransom  dog  train 
carrying  the  mail,  sitting  against  a  tree,  where  they  had  taken  refuge,  frozen  to 
death.  A  third  was  found  unconscious  in  the  snow.  He  was  taken  to  the  station 
and  his  life  was  saved,  but  not  his  fingers  and  toes.  When  Stevenson  undertook 
to  relieve  the  dogs  on  their  sledge  one  of  them  in  his  frenzy  sprang  at  his  throat. 
There  was  another  fearful  blizzard  in  1873.  For  three  days  there  was  no  com- 
munication between  St.  Paul  and  Minneapolis.  Not  a  soul  passed  between  the 
two  places.  There  were  no  telephones  then  and  the  telegraph  wires  were  down 
and  the  wagon  roads  and  railways  were  blockaded.  Scores  of  people  returning 
from  market  perished  in  the  western  part  of  Minnesota,  some  within  ten  rods 
of  their  homes,  which  they  were  unable  to  locate. 


HISTORY  OF  NORTH  DAKOTA  255 

GRASSHOPPERS   TOO    WERE   A   TERROR   OF  THE   TIMES 

In  the  Selkirk  Colony  in  1818,  "in  waves  of  silver  drifting  on  to  harvest" 
apparently,  rolled  the  grain.  But  one  bright  day  the  sun  was  suddenly  darkened, 
a  cloud  resting  over  the  land,  but  it  soon  settled  down  and  proved  to  be  caused 
by  myriads  of  grasshoppers.  They  completely  destroyed  every  green  thing.  The 
trees  were  stripped  of  their  leaves  and  the  branches  of  the  green  bark.  The 
fields  were  as  barren  of  vegetation  as  though  swept  by  flame.  Along  the  water's 
edge  by  the  river  the  grasshoppers  lay  in  rows,  where  swept  by  the  waves, 
from  four  to  nine  inches  in  depth.  The  stench  from  them  was  sickening.  The 
next  year  they  again  appeared  in  increased  numbers,  having  been  hatched  on  the 
ground.  Seventeen  years  prior  to  this  time  they  had  appeared  in  even  greater 
numbers,  as  recorded  by  Captain  Henry,  then  interested  in  trading  at  Pembina. 

They  visited  the  Missouri  Slope  in  1858  and  1873.  In  the  Red  River  Valley 
in  1873  they  drifted  on  the  railroad  track  and  were  crushed  on  the  rails  to  such 
an  extent  that  it  was  necessary  to  sand  the  track  before  the  trains  could  move. 

MOSQUITOES  OF  THE  VALLEY 

The  mosquitoes  were  almost  unbearable  in  the  timber  and  the  valleys.  Maj. 
Samuel  Woods  speaks  of  them,  and  of  the  terrific  thunder  storms  and  the  condi- 
tion of  the  prairies,  in  his  report  of  his  expedition  to  the  Red  River  Valley. 

His  expedition  left  Fort  Snelling  June  6th,  and  arrived  at  Pembina  August  i, 
1849.  They  left  Pembina  on  their  return  trip  August  26th,  and  reached  Fort 
Snelling  September  18,  1849.  They  were  fifty-seven  days  going  up  and  twenty- 
three  returning.  It  rained  much  of  the  time  on  the  way  up,  and  on  their 
arrival  at  Pembina  there  was  a  raise  of  twenty  feet  and  the  river  was  out  of  its 
banks.  The  teams  mired  on  the  open  prairie,  and  though  they  waited  nearly  four 
weeks  at  Pembina  they  were  obliged  to  give  up  on  account  of  the  roads  a  con- 
templated trip  to  the  Pembina  Mountains.  Even  the  thickly  matted  turf  of  the 
prairie  would  not  support  the  weight  of  the  wagons. 

On  the  rainy  days  they  had  the  most  terrific  thunder  storms,  when  the  rain 
would  fall  in  torrents  and  the  heavens  were  in  a  flare  of  light  and  "thunder  broke 
over  us  appallingly,"  wrote  Major  Woods.  They  were  driven  from  the  timber 
by  the  mosquitoes,  and  being  on  the  high,  open  prairie,  "the  thunder  broke  over  us 
in  such  smashing  explosions  that  for  two  hours  our  position  was  torturing  beyond 
description.  Many  left  their  tents  and  stood  out  regardless  of  the  pelting  rain, 
nor  was  this  an  idle  or  unreasonable  apprehension,  for  only  a  few  days  before 
we  had  the  thunder  bolt  amongst  us  in  its  dire  eft'ects,  and  we  knew  our  camp 
was  the  most  probable  object  if  there  was  another  stray  one  at  leisure."  Only 
a  few  days  before  the  camp  had  been  struck  by  lightning  and  Lieutenant  Nelson 
had  been  seriously  injured. 

In  the  fall  of  1914  Dr.  Joseph  E.  Dixon  headed  an  expedition  to  carry  the 
United  States  flag  and  the  greetings  of  the  President  to  the  Indian  nations.  The 
expedition  was  organized  by  Rodman  Wanamaker,  and  was  accompanied  by 
Indian  Inspector  James  McLaughlin  and  Edward  W.  Deming,  the  noted  artist. 
The  speeches  of  President  Wilson  and  Secretary  Lane  were  carried  by  phono- 
graph and  were  as  follows : 


256  HISTORY  OF  NORTH  DAKOTA 

President  Woodrow  Wilson:  "The  Great  White  Father  now  calls  you  his 
'brothers,'  not  his  'children.'  Because  you  have  shown  in  your  education  and  in 
your  settled  ways  of  life  stanch,  manly,  worthy  qualities  of  sound  character,  the 
nation  is  about  to  give  you  distinguished  recognition  through  the  erection  of  a 
monument  in  honor  of  the  Indian  people  in  the  harbor  of  New  York.  The  erection 
of  that  monument  will  usher  in  that  day  which  Thomas  Jefferson  said  he  would 
rejoice  to  see,  'when  the  red  men  become  truly  one  people  with  us,  enjoying  all 
the  rights  and  privileges  we  do,  and  living  in  peace  and  plenty.'  I  rejoice  to 
foresee  that  day." 

Secretary  Lane  of  the  Interior  Department:  "I  have  been  chosen  by  the  Big 
Chief  in  the  White  House  to  sit  up  and  watch,  to  keep  the  wolves  as  far  away 
from  you  as  I  can.  You  know  that  I  stand  here  as  the  voice  and  with  the  hand 
of  the  great  man  in  the  White  House.  He  loves  to  do  justice  above  all  things. 
He  will  do  justice  to  you." 

Rodman  Wanamaker,  founder  of  the  expedition:  "These  sacred  ceremo- 
nies, begun  at  Fort  Wadsworth,  and  now  completed  on  your  own  Indian 
ground,  will  strengthen  in  your  hearts  the  feeling  of  allegiance  and  loyalty  to 
your  country,  to  be  eternally  sealed  as  a  covenant  in  the  national  Indian  memo- 
rial, to  stand  forever  as  the  pledge  of  a  new  life  and  peace  everlasting." 

Doctor  Dixon  spoke  in  person :  "The  flag  is  more  than  a  piece  of  colored 
bunting.  The  red  stripe  in  its  folds  is  symbolized  by  the  red  blood  in  your 
veins  and  mine,  by  the  red  glow  in  the  sunset,  by  the  red  in  your  ceremonial 
pipe. 

"The  white  stripe  finds  a  symbol  in  the  white  cloud  that  floats  in  the  sky,  in 
the  white  snow  that  drifts  across  the  plains,  in  the  purest  thought  that  goes 
from  your  heart  to  the  Great  Mystery. 

"The  field  of  blue  with  the  white  stars  you  may  see  every  clear  night  as  you 
look  into  the  great  dome  above  your  heads. 

"It  is  the  only  flag  in  the  world  that  takes  the  heaven  and  earth  and  man  to 
symbolize.  This  makes  out  of  it  an  eternal  flag,  and  we  ought  to  be  eternally 
loyal  to  it. 

"I  therefore  dedicate  the  American  flag  to  justice,  mercy  and  fair  play  to 
the  North  American  Indian." 

The  idea  of  interesting  the  Indian  in  citizenship  and  loyalty  to  the  flag  was 
the  prime  object  of  the  expedition.  Many  of  the  wards  of  the  government  had 
had  no  understanding  previously  of  what  the  flag  meant,  and  a  large  number  had 
seldom  seen  it  except  when  raised  on  their  reservation. 

In  order  to  give  the  red  men  a  deeper  interest  in  the  emblem  and  its  signifi- 
cance, two  flags  were  carried  each  time  a  tribe  was  visited.  One  of  these  flags 
was  the  one  raised  at  the  Fort  Wadsworth  services.  The  other  was  presented 
for  the  use  of  the  tribe.  The  ceremonies  attending  this  presentation  were 
always  made  impressive,  following  as  nearly  as  possible  those  held  in  New  York. 

What  this  flag  came  to  mean  to  the  Indian,  after  its  significance  had  been 
explained  to  him,  might  be  gathered  from  the  fact  that  the  Taos  Pueblos  in  New 
Mexico  voted  that  the  flag  should  be  preserved  with  two  canes  which  were  given 
to  the  tribe  by  Abraham  Lincoln  and  which  are  handed  down  from  generation  to 
generation. 

Doctor  Dixon  explained  to  those  he  visited  that  the  white  man  wished  to  be 


HISTORY  OF  NORTH  DAKOTA  257 

more  friendly  to  the  red  man;  that  he  wanted  to  treat  him  more  as  a  brother 
and  otter  to  him  greater  opportunities. 

Then  the  allegiance  signed  by  representatives  of  the  thirty-two  tribes  and 
attested  by  President  Taft  was  presented  for  their  signatures.  The  chiefs  and 
old  men  of  the  tribes  were  always  called  on  to  take  part  in  the  various  features 
of  the  rites.     The  signatures  were  both  by  pen  and  by  thumb  print. 

Following  is  the  allegiance :  "We,  the  undersigned  representatives  of  vari- 
ous Indian  tribes  of  the  United  States,  through  our  presence  and  the  part  we 
have  taken  in  the  inauguration  of  this  memorial  to  our  people,  renew  our 
allegiance  to  the  glorious  flag  of  the  United  States,  and  offer  our  hearts  to  our 
country's  service.  We  greatly  appreciate  the  honor  and  privilege  extended  by 
our  white  brothers,  who  have  recognized  us  by  inviting  us  to  participate  in  the 
ceremonies  on  this  historical  occasion. 

"The  Indian  is  fast  losing  his  identity  in  the  face  of  the  great  waves  of 
Caucasian  civilization  which  are  extending  to  the  four  winds  of  this  country, 
and  we  want  fuller  knowledge  in  order  that  we  may  take  our  places  in  the 
civilization  which  surrounds  us. 

"Though  a  conquered  race,  with  our  right  hands  extended  in  brotherly  love 
and  our  left  hands  holding  the  pipe  of  peace,  we  hereby  bury  all  past  ill  feelings, 
and  proclaim  abroad  to  all  the  nations  of  the  world  our  firm  allegiance  to  this 
nation  and  to  the  Stars  and  Stripes,  and  declare  that  henceforth  and  forever  in 
all  walks  of  life  and  every  field  of  endeavor  we  shall  be  as  brothers,  striving 
hand  in  hand,  and  will  return  to  our  people  and  tell  them  the  story  of  this 
memorial  and  urge  upon  them  their  continued  allegiance  to  our  common 
country." 

The  original  signers  of  this  document  were :  Plenty  Coos,  W'hite  Man  Runs 
Him,  Medicine  Crown,  Two  Moons,  Red  Hawk,  Edward  Swan,  Shouklerblade, 
Red  Cloud,  Big  Mane,  Drags  Wolf,  Little  Wolf,  Richard  Wallace,  Frank 
.Schively,  Louis  Baker,  Black  Wolf,  Wooden  Leg,  Milton  Whiteman,  Willis 
Rowland,  John  P.  Young,  Reuben  Estes,  Henry  Leeds,  Reginald  Oshkosh,  Rob- 
ert Summer  Yellowtail,  Many  Chiefs,  Chapman  Schanandoah,  Angus  P.  McDon- 
ald, Tennyson  Berry,  Mitchell  Waukean,  Peter  Deanoine,  Deanoine,  Delos  K. 
Lonewolf  and  Joseph  Packineau. 

It  is  estimated  that  the  Indian  memorial  which  Mr.  Wanamaker  has  started 
in  New  York  Harbor  will  cost  approximately  one  million  dollars.  The  top  will 
be  a  large  statue  of  an  Indian.  The  base  will  be  a  museum  in  which  will  be  an 
art  gallery  replete  with  pictures  of  North  American  aborigines.  Also  animals 
of  the  chase,  weapons  and  various  sorts  of  articles  used  by  the  Indians  will  be 
placed  there. 

It  is  planned  to  make  this  the  most  complete  museum  of  Indian  life  in 
existence.  Authentic  books  on  this  race  will  be  one  of  the  features  which  it  will 
embrace,  as  well  as  a  history,  which  will  be  preserved  there  in  such  a  manner 
that  if  any  great  calamity  ever  befell  this  country  these  records  would  be  left 
intact  so  that  anyone  coming  after  might  find  them  and  thus  learn  the  history  of 
these  early  Americans. 

Mr.  Wanamaker  first  became  interested  in  the  North  American  Indian 
through  Doctor  Dixon.  He  explained  to  Doctor  Dixon  that  he  wished  to  do 
sometliing  for  his  country.     The  latter  replied  that  he  might  well  take  up  the 


258  HISTORY  OF  NORTH  DAKOTA 

case  of  the  Indian.  Doctor  Dixon  became  interested  in  tlie  red  man  seventeen 
years  ago  while  out  West  on  a  reservation.  He  saw  that  the  ideas  he  had  gath- 
ered from  books  concerning  the  Indian  were  not  true  to  life.  This  was  the 
start  of  a  study  of  them. 

Doctor  Dixon  is  high  in  his  praise  of  Mr.  Wanamaker,  saying  he  "is  more 
than  a  philanthropist.  He  is  a  patriot  in  every  sense  of  the  word.  He  wants  to 
convert  the  heroism  of  yesterday  into  the  inspiration  of  today." 

The  Iroquois  Indians  adopted  Doctor  Dixon  into  their  tribe,  naming  him 
"Flying  Sunshine,"  from  the  speed  with  which  he  traveled  and  the  messages  of 
good  cheer  which  he  brought  to  them. 

The  expedition  gathered  many  Indian  rehcs,  many  drawings  and  paintings 
of  Indian  life  and  by  phonograph  many  Indian  songs  and  speeches. 


CHAPTER  XVIII 
DAKOTA  TERRITORY 

CREATION  OF  DAKOTA  TERRITORY STEPS  LEADING  UP  TO  THE  LEGISLATION — ACTIVI- 
TIES  OF    CAPTAIN    TODD  AND   ASSOCIATES — THE    BILL   REPORTED    BY    THE   SENATE 

COMMITTEE    ON    TERRITORIES PASSED    AND    SIGNED    BY    THE    PRESIDENT — THE 

HOMESTEAD   LAW — VETOED    BY    BUCHANAN PASSED   BY   THE    NEXT    CONGRESS — 

APPROVED  BY  LINCOLN — THE  ORGANIC  ACT  OF  DAKOTA,  APPROVED  BY  BUCHANAN. 

-      THE   DAKOTA    BILLS 

Bills  were  introduced  in  the  Thirty-fifth  Congress  by  Senator  Graham  A. 
Fitch  of  Indiana,  and  Alexander  H.  Stevens  of  Georgia,  for  the  creation  of 
Dakota  Territory,  but  failed  to  receive  consideration  beyond  reference  to  the 
proper  committees. 

The  Thirty-sixth  Congress  convened  December  5,  1859.  A  short  time  before 
its  meeting,  Capt.  John  B.  S.  Todd  and  Gen.  Daniel  M.  Frost,  who  had  been  in 
Washington  in  the  interest  of  Dakota  Territorial  Organization,  made  urgent 
appeals  to  the  people  of  Dakota  to  hold  meetings  and  formulate  petitions  for  the 
organization  of  the  territory. 

Meetings  were  accordingly  held  at  Yankton  and  Vermilion,  November  8,  1859. 
Downer  T.  Bramble  was  president  and  Moses  K.  Armstrong  secretary  of  the 
Yankton  meeting.  Gen.  Daniel  M.  Frost  of  St.  Louis,  was  present  and  urged  a 
Strong  memorial  to  Congress.  Capt.  John  B.  S.  Todd,  Obed  Foote  and  Thomas 
S.  Frick  were  members  of  the  committee  on  resolutions,  George  D.  Fiske,  James 
M.  Stone  and  Capt.  John  B.  S.  Todd  were  appointed  a  committee  to  draft  a 
memorial.  Joseph  R.  Hanson,  John  Stanage,  Henry  Arend,  Horace  T.  Bailey, 
Enos  Stutsman,  J.  S.  Presho,  George  Pike,  Jr.,  Frank  Chapell,  Charles  F.  Picotte, 
Felix  Le  Blanc  and  Lytle  M.  Griffith  were  present. 

The  memorial  formulated  and  adopted  at  this  meeting  was  also  adopted  by 
the  meeting  at  Vermilion, — at  the  house  of  James  McHenry — of  which  J.  D. 
Denton  was  chairman  and  James  McHenry  secretary.  Doctors  Caulkins  and 
Whitmers  and  Samuel  IMortimer  were  appointed  a  committee  on  resolutions.  The 
meeting  adopted  the  Yankton  Memorial,  which  was  signed  by  428  citizens  of 
Dakota,  and  was  presented  to  Congress  by  Capt.  John  B.  S.  Todd  at  its  meeting 
in  December. 

A  bill  was  introduced  in  Congress  early  in  December,  1859,  by  Senator  Henry 
M.  Rice,  of  Minnesota,  but  when  brought  up  for  consideration  the  slavery  ques- 
tion being  involved,  the  bill  was  tabled,  and  no  further  action  was  taken  at  that 
session.     Congress  adjourned  June  20,  i860. 

259 


260  HISTORY  OF  NORTH  DAKOTA 

A  second  convention  was  held  at  Yankton,  January  15,  1861,  in  response  to 
the  urgent  appeals  of  Captain  Todd,  who  was  then  in  Washington  and  another 
memorial  was  forwarded  bearing  478  signatures,  comprising  practically  all  of 
the  citizens  of  Dakota. 

A  bill  was  pending  in  the  House  providing  for  the  admission  of  a  delegate  to 
Congress  under  the  Sioux  Falls  organization  and  for  the  creation  of  the  office 
of  surveyor-general.  This  bill  was  bitterly  antagonized  by  Galusha  A.  Grow, 
who  claimed  that  organization  was  no  more  entitled  to  respect  than  a  vigilance 
committee ;  at  the  same  time  stating  that  he  was  in  favor  of  the  organization  of 
a  territorial  form  of  government  for  Dakota  and  that  in  due  time  a  bill  would  be 
reported  for  that  purpose. 

February  15,  1861,  Senator  James  S.  Green  reported  from  the  Senate  Com- 
mittee on  Territories,  Senate  Bill  562,  for  the  creation  of  the  Territory  of  Dakota; 
also  the  bill  for  the  creation  of  the  Territory  of  Nevada.  The  bill  was  made  a 
special  order  for  the  next  day.  On  February  26th,  it  was  called  up  by  Senator 
Green  and  passed  without  objection.  March  1st,  Mr.  Grow  called  up  the  bill 
in  the  House,  moved  the  previous  question,  which  was  seconded  and  the  bill 
passed  without  debate  and  without  opposition.  The  bill  was  approved  by  Presi- 
dent James  Buchanan  on  March  2,  1861.  Its  companion  bill,  Nevada,  was  passed 
and  approved  at  the  same  time.  The  Arizona  and  Colorado  bills  were  passed 
at  the  same  session,  the  four,  largely  through  the  masterly  management  of  Galusha 
A.  Grow,  the  father  of  the  Homestead  Law. 

The  agitation  for  the  Homestead  Law  commenced  in  1846.  In  the  Thirty- 
sixth  Congress  it  was  introduced  in  the  Senate  by  Senator  Andrew  Johnson  of 
Tennessee,  Senate  Bill  No.  i,  and  carried  to  a  successful  issue  by  Mr.  Johnson 
in  the  Senate  and  Mr.  Grow  in  the  House,  January  20,  i860,  but  was  vetoed  by 
President  Buchanan,  January  22,  i860,  on  the  theory  that  Congress  had  no 
right  to  give  away  public  property.  The  bill  was  reintroduced  at  the  second 
.session  of  the  Thirty-sixth  Congress,  passed  in  the  Thirty-seventh  Congress  and 
approved  May  20,  1862,  by  President  Abraham  Lincoln. 

Captain  Todd  has  been  mentioned  frequently  in  ])rcvious  chapters.  It  will 
be  remembered  that  he  resigned  his  commission  in  the  United  States  army  to 
become  identified  with  D.  M.  Frost  &  Co.,  or  Frost,  Todd  &  Company,  as  it 
was  for  a  time  called,  in  the  fur  trade. 

(ien.  Daniel  Marsh  Frost,  a  general  in  the  Missouri  State  Militia  and  in  the 
Confederate  army.  1861-5,  was  a  native  of  New  York,  appointed  to  the  mili- 
tary academy  in  1840  and  commissioned  a  lieutenant  in  the  United  States  army, 
resigning  in  1853  to  engage  in  trade.  He  was  the  head  of  the  firm  bearing  his 
name,  with  headquarters  at  St.  Louis,  where  he  died,  October  29,  1900. 

Next  to  General  Frost  and  captain,  afterwards  general,  John  B.  S.  Todd, 
Dakota  is  indebted  to  Senator  James  S.  Green  and  Galusha  A.  Grow  for  its 
■organization  as  a  territory. 

Senator  James  .S.  Green  was  born  in  \'irginia,  moved  to  Alabama  and  then 
to  Missouri,  where  he  commenced  the  practice  of  law  at  Canton  in  that  state. 
He  was  a  presidential  elector  on  the  Polk  and  Dallas  ticket  in  1844  and  elected 
to  the  Thirtieth  and  Thirty-first  Congresses;  was  charge  d'affairs  to  Colombia 
in  1853  and  appointed  minister  to  Colombia,  but  did  not  present  his  credentials. 
He  was  elected  to  the  United  States  Senate  for  the  term  commencing  March  4, 
1855,  ^"d  served  to  March  3,  1861.     He  died  at  St.  Louis,  January  19,  1870. 


LIGNITE  BED  IN  BILLINGS  COUNTY,  DAKOTA 
Thirtv-tliree  feet  in  thickness 


COAL  MINE  IN  BILLINGS  COUNTY,  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  261 

Galusha  A.  Grow,  a  representative  from  Pennsylvania,  was  a  native  of  Con- 
necticut, admitted  to  practice  law  in  1847,  elected  to  the  Thirty-second,  Thirty- 
third  and  Thirty-fourth  congresses  as  a  free  soil  democrat  and  to  the  Thirty- 
tifth.  Thirty-sixth  and  Thirty-seventh  congresses  as  a  republican.  He  was 
speaker  of  the  House  in  1857,  and  in  the  Thirty-seventh  Congress.  He  was 
re-elected  to  the  Fifty-third.  Fifty-fourth,  Fifty-fifth,  Fifty-sixth  and  Fifty- 
seventh  congresses,  declining  a  renomination.  He  died  March  31,  1907,  at 
.Scranton,  Fa.  The  Homestead  Law  was  the  crowning  achievement  of  his 
]>olitical  life. 

Rev.  John  P.  Williamson,  mentioned  in  connection  with  the  Sioux,  states 
that  the  word  Dakota,  in  the  Sioux  language  means  friends  or  allies,  the  Dakota 
nation  being  a  nation  of  friends;  that  Minnesota  might  be  translated  hazy  water, 
not  muddy  water  as  held  by  some,  nor  many  waters,  as  translated  by  others ; 
that  the  Sioux  name  for  the  Missouri  River  was  Minne-sho-she,  meaning  muddy 
water,  and  from  the  mouth  of  the  ^'ellowstone  to  its  confluence  with  the  Missis- 
sippi, it  justifies  that  name. 

Dakota  Territory,  as  created,  extended  from  the  Red  River  of  the  north  and 
the  western  boundary  of  Minnesota,  to  the  eastern  boundary  of  Washington  and 
Oregon.  It  included  all  of  Montana  and  most  of  Idaho,  embracing  350,000 
square  miles,  containing,  according  to  the  census  of  i860,  a  white  po]Hilation 
(including  mixed  bloods)  of  2,376,  of  whom  1,606  were  in  Pembina  County. 

March  3,  1863,  the  Territory  of  Idaho  was  created,  extending  from  the 
twenty-seventh  degree  of  longitude  west  from  Washington,  to  the  eastern  boun- 
dary of  Washington  a*nd  Oregon,  and  May  26,  1864,  Montana  was  created  from 
Idaho  Territory,  and  at  the  same  time  the  Black  Hills  region  and  the  greater 
part  of  Wyoming,  including  the  Wind  River  and  Bighorn  country,  was  attached 
to  Dakota  Territory.  Wyoming  Territory  was  created  July  25,  1868,  and  a  part 
of  Dakota  was  later  attached  to  Nebraska,  leaving  a  territory  of  approximately 
149,000  square  miles. 

In  Minnesota  territorial  days.  Blue  Earth  County  embraced  nearly  all  of 
South  Dakota.  Pembina  County  was  directly  north  of  Blue  Earth  County,  tak- 
ing in  all  of  the  present  North  Dakota,  part  of  South  Dakota,  extending  east  to 
Rainy  Lake  and  Lake  Winnipegoosis,  taking  in  about  one-third  of  Minnesota 
Territory. 

In  1856  Pembina  County  was  the  Seventh  Legislative  District  in  Minnesota 
Territory  and  was  represented  by  Joseph  Rolette  in  the  Council  and  R.  Carlisle 
I'urdick  in  the  Flouse  of  Representatives. 

Blue  Earth  County  was  in  the  Tenth  Legislative  District  and  was  repre- 
sented in  the  Council  by  Charles  E.  Flandrau  and  Parsons  K.  Johnson,  and  by 
Aurelius  F.  de  la  \^ergue  and  George  A.  McLeod  in  the  House  of  Representa- 
tives. In  1857  P.  P.  Humphrey  was  elected  to  the  Council,  Joseph  R.  Brown, 
Francis  R.  Baasen  and  O.  A.  Thomas  to  the  House  of  Representatives.  In  the 
Seventh  District  Joseph  Rolette  was  returned  to  the  Council ;  Charles  Grant  and 
John  B.  Wilkie  were  elected  to  the  House  of  Representatives. 

In  the  Minnesota  Constitutional  Convention,  the  Seventh  District  was  rep- 
resented by  James  McFetridge,  J.  P.  Wilson,  J.  Jerome,  Xavier  Cautell,  Joseph 
Rolette  and  Louis  Wasseur.     The  Tenth  District  was  represented  by  Joseph  R. 


262  HISTORY  OF  NORTH  DAKOTA 

Brown,  Charles  E.  Flandrau,  Francis  Baasen,  William  B.  McMahon  and  J.  H. 
Swan. 

The  Organic  Act  of  Dakota  is  as  follows : 

AN    ACT   TO    PROVIDE   A   TEMPORARY   GOVERNMENT    FOR    THE   TERRITORY   OF   DAKOTA, 
AND  TO  CREATE  THE  OFFICE  OF  SURVEYOR  GENERAL  THEREIN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Ameriea  in  Congress  assembled,  That  all  that  part  of  the  territory 
of  the  United  States  included  within  the  following  limits,  namely :  commencing 
at  a  point  in  the  main  channel  of  the  Red  River  of  the  North,  where  the 
forty-ninth  degree  of  north  latitude  crosses  the  same ;  thence  up  the  main 
channel  of  the  same,  and  along  the  boundary  of  the  State  of  Minnesota,  to  Big 
Stone  Lake ;  thence  along  the  boundary  line  of  the  said  State  of  Minnesota  to 
the  Iowa  line ;  thence  along  the  boundary  line  of  the  State  of  Iowa  to  the 
point  of  intersection  between  the  Big  Sioux  and  Missouri  Rivers ;  thence  up 
the  Missouri  River,  and  along  the  boundary  line  of  the  Territory  of  Nebraska, 
to  the  mouth  of  the  Niobrara  or  Running  Water  River;  thence  following  up 
the  same,  in  the  middle  of  the  main  channel  thereof,  to  the  mouth  of  the 
Keha  Paha  or  Turtle  Hill  River ;  thence  up  said  river  to  the  forty-third  parallel 
of  north  latitude;  thence  due  west  to  the  present  boundary  of  the  Territory  of 
Washington ;  thence  along  the  boundary  line  of  Washington  Territory,  to  the 
forty-ninth  degree  of  north  latitude ;  thence  east,  along  said  forty-ninth  degree 
of  north  latitude,  to  the  place  of  beginning,  be,  and  the  s'ame  is  hereby,  organ- 
ized into  a  temporary  government,  by  the  name  of  the  Territory  of  Dakota : 
Provided,  That  nothing  in  this  act  contauied  shall  be  construed  to  impair  the 
rights  of  person  or  property  now  pertaining  to  the  Indians  in  said  Territory, 
so  long  as  such  rights  shall  remain  unextinguished  by  treaty  between  the  United 
States  and  such  Indians,  or  to  include  any  territory  which,  by  treaty  with  any 
Indian  tribe,  is  not,  without  the  consent  of  said  tribe,  to  be  included  within  the 
territorial  limits  or  jurisdiction  of  any  State  or  Territory:  but  all  such  territory 
shall  be  excepted  out  of  the  boundaries  and  constitute  no  part  of  the  Territory 
of  Dakota,  until  said  tribe  shall  signify  their  assent  to  the  President  of  the 
United  States  to  be  included  within  the  said  Territory,  or  to  affect  the  authority 
of  the  Government  of  the  United  States  to  make  any  regulations  respecting 
such  Indians,  their  lands,  jjroperty,  or  other  rights,  by  treaty,  law,  or  otherwise, 
which  it  would  have  been  competent  for  the  Government  to  make  if  this  act 
had  never  passed:  Provided,  furtlier.  That  nothing  in  this  act  contained  shall 
he  construed  to  inhibit  the  Government  of  the  United  States  from  dividing 
said  Territory  into  two  or  more  Territories,  in  such  manner  and  at  such  times 
as  Congress  shall  deem  convenient  and  proper,  or  from  attaching  any  portion 
thereof  to  any  other  Territory  or  State. 

Sec  2.  And  be  it  further  enacted.  That  the  executive  power  and  authority 
in  and  over  said  Territory  of  Dakota,  shall  be  vested  in  a  governor,  who  shall 
hold  his  office  for  four  years,  and  until  his  successor  shall  be  appointed  and 
qualified,  unless  sooner  removed  by  the  President  of  the  United  States.  The 
governor  shall  reside  within  said  Territory,  shall  be  commander-in-chief  of 
the   militia  thereof,   shall   perform   the   duties   and    receive   the   emoluments   of 


HISTORY  OF  NORTH  DAKOTA  263 

superintendent  of  Indian  affairs,  and  shall  approve  all  laws  passed  by  the 
legislative  assembly  before  they  shall  take  effect;  he  may  grant  pardons  for 
offences  against  the  laws  of  said  Territory,  and  reprieves  for  offences  against 
the  laws  of  the  United  States  until  the  decision  of  the  President  can  be  made 
known  thereon;  he  shall  commission  all  offices  who  shall  be  appointed  to  office 
under  the  laws  of  said  Territory,  and  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall  be  a  secretary  of  said 
Territory,  who  shall  reside  therein,  and  hold  his  office  for  four  years,  unless 
sooner  removed  by  the  President  of  the  United  States;  he  shall  record  and 
preserve  all  the  laws  and  proceedings  of  the  legislative  assembly  hereinafter 
constituted,  and  all  the  acts  and  proceedings  of  the  governor,  in  his  executive 
department;  he  shall  transmit  one  copy  of  the  laws,  and  one  copy  of  the  execu- 
tive proceedings,  on  or  before  the  first  day  of  December  in  each  year,  to  the 
President  of  the  United  States,  and,  at  the  same  time,  two  copies  of  the  laws 
to  the  Speaker  of  the  House  of  Representatives  and  the  President  of  the  Senate, 
for  the  use  of  Congress;  and  in  case  of  the  death,  removal,  or  resignation,  or 
other  necessary  absence  of  the  governor  from  the  Territory,  the  secretary  shall 
have,  and  he  is  hereby  authorized  and  required,  to  execute  and  perform  all  the 
powers  and  duties  of  the  governor  during  such  vacancy  or  necessary  absence, 
or  until  another  governor  shall  be  duly  appointed  to  fill  such  vacancy. 

Sec.  4.  And  be  it  further  enacted.  That  the  legislative  power  and  authority 
of  said  Territory  shall  be  vested  in  the  governor  and  a  legislative  assembly. 
The  legislative  assembly  shall  consist  of  a  council  and  house  of  representatives. 
The  council  shall  consist  of  nine  members,  which  may  be  increased  to  thirteen, 
having  the  qualifications  of  voters  as  hereinafter  prescribed,  whose  term  of 
service  shall  continue  two  years.  The  house  of  representatives  shall  consist 
of  thirteen  members,  which  may  be  increased  to  twenty-six,  possessing  the 
same  qualifications  as  prescribed  for  members  of  the  council,  and  whose  term 
of  service  shall  continue  one  year.  An  apportionment  shall  be  made,  as  nearly 
equal  as  practicable,  among  the  several  counties  or  districts  for  the  election  of 
the  council  and  house  of  representatives,  giving  to  each  section  of  the  Territory 
representation  in  the  ratio  of  its  population,  (Indians  excepted)  as  nearly  as 
may  be;  and  the  members  of  the  council  and  of  the  house  of  representatives 
shall  reside  in,  and  be  inhabitants  of,  the  district  for  which  they  may  be  elected, 
respectively.  Previous  to  the  first  election,  the  governor  shall  cause  a  census 
or  enumeration  of  the  inhabitants  of  the  several  counties  and  districts  of  the 
Territory  to  be  taken ;  and  the  first  election  shall  be  held  at  such  time  and  places, 
and  be  conducted  in  such  manner,  as  the  governor  shall  appoint  and  direct; 
and  he  shall,  at  the  same  time,  declare  the  number  of  the  members  of  the 
council  and  house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled  under  this  act.  The  number  of  persons  authorized  to  be  elected, 
having  the  highest  number  of  votes  in  each  of  said  council  districts,  for  members 
of  the  council,  shall  be  declared  by  the  governor  to  be  duly  elected  to  the 
council;  and  the  person  or  persons  authorized  to  be  elected  having  the  greatest 
number  of  votes  for  the  house  of  representatives,  equal  to  the  number  to  which 
each  county  or  district  shall  be  entitled,  shall  be  declared  by  the  governor  to  be 
elected  members  of  the  house  of  representatives :  Provided,  That  in  case  of  a 


264  HISTORY  OF  NORTH  DAKOTA 

tie  between  two  or  more  persons  voted  for,  the  governor  shall  order  a  new 
election,  to  supply  the  vacancy  made  by  such  tie.  And  the  persons  thus  elected 
to  the  legislative  assembly  shall  meet  at  such  place  and  on  such  day  as  the 
governor  shall  appoint;  but  thereafter,  the  time,  place,  and  manner  of  holding 
and  conducting  all  elections  by  the  people,  and  the  apportioning  the  represen- 
tation in  the  several  counties  or  districts  to  the  council  and  house  of  repre- 
sentatives, according  to  the  population,  shall  be  prescribed  by  law,  as  well  as 
the  day  of  the  commencement  of  the  regular  sessions  of  the  legislative  assembly: 
Provided,  That  no  one  session  shall  exceed  the  term  of  forty  days,  except  the 
first,  which  may  be  extended  to  sixty  days,  but  no  longer. 

Sec.  5.  And  be  it  further  enacted.  That  every  free  white  male  inhabitant 
of  the  United  States  above  the  age  of  twenty-one  years,  who  shall  have  been 
a  resident  of  said  Territory  at  the  time  of  the  passage  of  this  act,  shall  be 
entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any  office  within 
the  said  Territory ;  but  the  qualifications  of  voters  and  of  holding  office  at  all 
subsequent  elections  shall  be  such  as  shall  be  prescribed  by  the  legislative 
assembly:  Provided,  That  the  right  of  suffrage  and  of  holding  office  shall  be 
exercised  only  by  citizens  of  the  United  States  and  those  who  shall  have 
declared  on  oath  their  intention  to  become  such,  and  shall  have  taken  an  oath 
to  support  the  Constitution  of  the  United  States. 

Sec.  6.  And  be  it  further  enacted.  That  the  legislative  power  of  the  Terri- 
tory shall  extend  to  all  rightful  subjects  of  legislation  consistent  with  the 
Constitution  of  the  United  States  and  the  provisions  of  this  act;  but  no  law 
shall  be  passed  interfering  with  the  primary  disposal  of  the  soil ;  no  tax  shall 
be  imposed  upon  the  property  of  the  United  States ;  nor  shall  the  lands  or  other 
property  of  non-residents  be  taxed  higher  than  the  lands  or  other  property  of 
residents;  nor  shall  any  law  be  passed  impairing  the  rights  of  private  property; 
nor  shall  any  discrimination  be  made  in  taxing  different  kinds  of  property; 
but  all  property  subject  to  taxation  shall  be  in  proportion  to  the  value  of  the 
property    taxed. 

Sec.  7.  .-hid  be  it  fnrtlier  enacted.  That  all  township,  district,  and  county 
officers,  not  herein  otherwise  provided  for,  shall  be  ajipointed  or  elected,  as  the 
case  may  be,  in  such  manner  as  shall  be  provided  by  the  governor  and  legislative 
assembly  of  the  Territory.  The  governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  legislative  council,  appoint  all  officers  not  herein 
otherwise  provided  for;  and,  in  the  first  instance,  the  governor  alone  may 
appoint  all  said  officers,  who  shall  hold  their  offices  until  the  end  of  the  first 
session  of  the  legislative  assembly,  and  shall  lay  oft'  the  necessary  districts  for 
members  of  the  council  and  house  of  representatives,  and  all  other  officers. 

Sec.  8.  And  be  it  fnrtlier  enacted.  That  no  member  of  the  legislative 
assembly  shall  hold  or  be  appointed  to  any  office  which  shall  have  been  created, 
or  the  salary  or  emoluments  of  which  shall  have  been  increased  while  he  was 
a  member,  during  the  term  for  which,  he  was  elected,  and  for  one  year  after 
the  expiration  of  such  term  ;  and  no  person  holding  a  commission  or  ap])oint- 
ment  under  the  United  States,  except  postmasters,  shall  be  a  member  of  the 
legislative  assembly,  or  shall  hold  any  office  under  the  government  of  said 
Territory. 

Sec.  9.     And  be  it  further  enacted.  That  the  judicial  power  of  said  Territory 


HISTORY  OF  NORTH  DAKOTA  265 

shall  be  vested  in  a  supreme  court,  district  courts,  probate  courts,  and  in  justices 
of  the  peace.  The  supreme  court  shall  consist  of  a  chief  justice  and  two  asso- 
ciate justices,  any  two  of  whom  shall  constitute  a  cjuorum,  and  who  shall  hold 
a  term  at  the  seat  of  government  of  said  Territory  annually,  and  they  shall  hold 
their  offices  during  the  period  of  four  years.  The  said  Territory  shall  be 
divided  into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each 
of  said  districts  by  one  of  the  justices  of  the  supreme  court,  at  such  time  and 
place  as  may  be  prescribed  by  law ;  and  the  said  judges  shall,  after  their  appoint- 
ments, respectively,  reside  in  the  districts  which  shall  be  assigned  them.  The 
jurisdiction  of  the  several  courts  herein  provided  for,  both  appellate  and  origi- 
nal, and  that  of  the  probate  courts  and  of  the  justices  of  the  peace,  shall  be  as 
limited  by  law:  Provided.  That  justices  of  the  peace  shall  not  have  jurisdiction 
of  any  matter  in  controversy  when  the  title  or  boundaries  of  land  may  be  in 
dispute,  or  where  the  debt  or  sum  claimed  shall  exceed  one  hundred  dollars; 
and  the  said  suijreme  and  district  courts,  respectively,  shall  possess  chancery 
as  well  as  common-law  jurisdiction,  and  authority  for  redress  of  all  wrongs 
committed  against  the  Constitution  or  laws  of  the  United  States,  or  of  the 
Territory,  aflfecting  persons  or  property.  Each  district  court,  or  the  judge 
thereof,  shall  appoint  its  clerk,  who  shall  also  be  the  register  in  chancery,  and 
shall  keep  his  office  at  the  place  where  the  court  may  be  held.  Writs  of  error, 
bills  of  exception,  and  appeals,  shall  be  allowed  in  all  cases  from  the  final 
decisions  of  said  district  courts  to  the  supreme  court,  under  such  regulations 
as  may  be  prescribed  by  law ;  but  in  no  case  removed  to  the  supreme  court  shall 
trial  by  jury  be  allowed  in  said  court.  The  supreme  court,  or  the  justices 
thereof,  shall  appoint  its  own  clerk,  and  every  clerk  shall  hold  his  office  at  the 
pleasure  of  the  court  for  which  he  shall  have  been  appointed.  Writs  of  error 
and  appeals  from  the  final  decisions  of  said  supreme  court  shall  be  allowed, 
and  may  be  taken  to  the  Supreme  Court  of  the  United  States,  in  the  same 
manner  and  under  the  same  regulations  as  from  the  circuit  courts  of  the  United 
States,  where  the  value  of  the  property,  or  the  amount  in  controversy,  to  be 
ascertained  by  the  oath  or  affirmation  of  either  party,  or  other  competent  witness, 
shall  exceed  one  thousand  dollars ;  and  each  of  the  said  district  courts  shall 
have  and  exercise  the  same  jurisdiction,  in  all  cases  arising  under  the  Consti- 
tution and  laws  of  the  United  States  as  is  vested  in  the  circuit  and  district  courts 
of  the  United  States;  and  the  said  supreme  and  district  courts  of  the  said 
Territory,  and  the  respective  judges  thereof,  shall  and  may  grant  writs  of 
habeas  corpus  in  all  cases  in  which  the  same  are  grantable  by  the  judges  of  the 
United  States  in  the  District  of  Columbia ;  and  the  first  six  days  of  every  term 
of  said  courts,  or  so  much  thereof  as  shall  be  necessary,  shall  be  appropriated 
to  the  trial  of  causes  arising  under  the  said  Constitution  and  laws ;  and  writs  of 
error  and  appeals  in  all  such  cases  shall  be  made  to  the  supreme  court  of  said 
Territory  the  same  as  in  other  cases.  The  said  clerk  shall  receive,  in  all  such 
cases,  the  same  fees  which  the  clerks  of  the  district  courts  of  Nebraska  Territory 
now  receive  for  similar  services. 

Sec.  io.  And  be  it  further  enacted,  That  there  shall  be  appointed  an 
attorney  for  said  Territory,  who  shall  continue  in  office  for  four  years,  unless 
sooner  removed  by  the  President,  and  who  shall  receive  the  same  fees  and 
salary  as  the  attorney  of  the  United   States   for  the  present  Territory  of  Ne- 


266  HISTORY  OF  NORTH  DAKOTA 

braska.  There  shall  also  be  a  marshal  for  the  Territory  appointed,  who  shall 
hold  his  office  for  four  years,  unless  sooner  removed  by  the  President,  and  who 
shall  execute  all  processes  issuing  from  the  said  courts  when  exercising  their 
jurisdiction  as  circuit  and  district  courts  of  the  United  States;  he  shall  perform 
the  duties,  be  subject  to  the  same  regulations  and  penalties,  and  be  entitled  to 
the  same  fees  as  the  marshal  of  the  district  court  of  the  United  States  for  the 
present  Territory  of  Nebraska,  and  shall,  in  addition,  be  paid  two  hundred 
dollars  annually  as  a  compensation  for  extra  services. 

Sec.  II.  And  be  it  further  enacted.  That  the  governor,  secretary,  chief 
justice  and  associate  justices,  attorney,  and  marshal,  shall  be  nominated  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appointed  by  the  President  of 
the  United  States.  The  governor  and  secretary  to  be  appointed  as  aforesaid 
shall,  before  they  act  as  such,  respectively  take  an  oath  or  affirmation  before 
the  district  judge,  or  some  justice  of  the  peace  in  the  limits  of  said  Territory 
duly  authorized  to  administer  oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  chief  justice  or  some  associate  justice  of  the  Supreme 
Court  of  the  United  States,  to  support  the  Constitution  of  the  United  States 
and  faithfully  to  discharge  the  duties  of  their  respective  offices;  which  said 
oaths,  when  so  taken,  shall  be  certified  by  the  person  by  whom  the  same  shall 
have  been  taken ;  and  such  certificates  shall  be  received  and  recorded  by  the 
secretary  among  the  executive  proceedings ;  and  the  chief  justice  and  associate 
justices,  and  all  other  civil  officers  in  said  Territory,  before  they  act  as  such, 
shall  take  a  like  oath  or  affirmation  before  the  said  governor  or  secretary,  or 
some  judge  or  justice  of  the  peace  of  the  Territory  who  may  be  duly  commis- 
sioned and  qualified,  which  said  oath  or  affirmation  shall  be  certified  and  trans- 
mitted by  the  person  taking  the  same  to  the  secretary,  to  be  by  him  recorded 
as  aforesaid ;  and  afterwards  the  like  oath  or  affirmation  shall  be  taken,  certified, 
and  recorded  in  such  man[n]er  and  form  as  may  be  prescribed  by  law.  The 
governor  shall  receive  an  annual  salary  of  $1,500.00  as  governor,  and  $1,000.00 
?-s  superintendent  of  Indian  aflfairs ;  the  chief  justice  and  associate  justices  shall 
each  receive  an  annual  salary  of  $1,800.00;  the  secretary  shall  receive  an 
annual  salary  of  $1,800.00.  The  said  salaries  shall  be  paid  quarter-yearly  at 
the  Treasury  of  the  United  States.  The  members  of  the  legislative  assembly 
shall  be  entitled  to  receive  $3.00  each  per  day  during  their  attendance  at  the 
session  thereof,  and  $3.00  for  every  twenty  miles'  travel  in  going  to  and  return- 
ing from  the  said  sessions,  estimated  according  to  the  nearest  usually  traveled 
route.  There  shall  be  appropriated  annually  the  sum  of  $1,000.00,  to  be  ex- 
pended by  the  governor,  to  defray  the  contingent  expenses  of  the  Territory. 
There  shall  also  be  appropriated  annually  a  sufficient  sum,  to  be  expended  by 
the  secretary  of  the  Territory,  and  upon  an  estimate  to  be  made  by  the  Secretary 
of  the  Treasury  of  the  United  States,  to  defray  the  expenses  of  the  legislative 
assembly,  the  printing  of  the  laws,  and  other  incidental  expenses ;  and  the  secre- 
tary of  the  Territory  shall  annually  account  to  the  Secretary  of  the  Treasury 
of  the  United  States  for  the  manner  in  which  the  aforesaid  sum  shall  have  been 
expended. 

Sec.  12.  And  be  it  further  enacted,  That  the  legislative  assembly  of  the 
Territory  of  Dakota  shall  hold  its  first  session  at  such  time  and  place  in  said 
Territory  as  the  governor  thereof  shall  appoint  and  direct;  and  at   said   first 


HISTORY  OF  NORTH  DAKOTA  267 

session,  or  as  soon  thereafter  as  they  shall  deem  expedient,  the  governor  and 
legislative  assembly  shall  proceed  to  locate  and  establish  the  seat  of  government 
for  said  Territory  at  such  place  as  they  may  deem  eligible;  which  place,  how- 
ever, shall  thereafter  be  subject  to  be  changed  by  the  said  governor  and  legis- 
lative assembly. 

Sec.  13.  And  be  it  further  enacted,  That  a  delegate  to  the  House  of  Rep- 
resentatives of  the  United  States,  to  serve  during  each  Congress  of  the  United 
States,  may  be  elected  by  the  voters  qualified  to  elect  members  of  the  legislative 
assembly,  who  shall  be  entitled  to  the  same  rights  and  privileges  as  are  exercised 
and  enjoyed  by  the  delegates  from  the  several  other  Territories  of  the  United 
States  to  the  said  House  of  Representatives.  The  first  election  shall  be  held 
at  such  time  and  places,  and  be  conducted  in  such  manner,  as  the  governor  shall 
appoint  and  direct ;  and  at  all  subsequent  elections,  the  times,  places,  and  manner 
of  holding  elections  shall  be  prescribed  by  law.  The  person  having  the  greatest 
number  of  votes  shall  be  declared  by  the  governor  to  be  duly  elected,  and  a 
certificate  thereof  shall  be  given  accordingly. 

Sec.  14.  And  be  it  further  enaeted,  That  when  the  land  in  said  Territory 
shall  be  surveyed,  under  the  direction  of  the  government  of  the  United  States, 
preparatory  to  bringing  the  same  into  market,  sections  numbered  si.xteen  and 
thirty-si.x  in  each  township  in  said  Territory  shall  be,  and  the  same  are  hereby, 
reserved  for  the  purpose  of  being  applied  to  schools  in  the  States  hereafter 
to  be  erected  out  of  the  same. 

Sec.  15.  And  be  it  further  enacted,  That  temporarily,  and  until  otherwise 
provided  by  law,  the  governor  of  said  Territory  may  define  the  judicial  districts 
of  said  Territory  and  assign  the  judges  who  may  be  appointed  for  said  Territory 
to  the  several  districts,  and  also  appoint  the  times  and  places  for  holding  courts 
in  the  several  counties  or  subdivisions  in  each  of  said  judicial  districts  by 
proclamation  to  be  issued  by  him ;  but  the  legislative  assembly,  at  their  first  or 
any  subsequent  session,  may  organize,  alter,  or  modify  such  judicial  districts, 
and  assign  the  judges,  and  alter  the  times  and  places  of  holding  the  courts,  as  to 
them  shall  seem  proper  and  convenient. 

Sec.  16.  And  be  it  further  enacted,  That  the  Constitution  and  all  laws  of 
the  United  States  which  are  not  locally  inapplicable  shall  have  the  same  force 
and  effect  within  the  said  Territory  of  Dakota  as  elsewhere  within  the  United 
States. 

Sec.  17.  And  be  it  further  enacted.  That  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate,  shall  be,  and  he  is  hereby, 
authorized  to  appoint  a  surveyor-general  for  Dakota,  who  shall  locate  his  office 
at  such  place  as  the  Secretary  of  the  Interior  shall  from  time  to  time  direct, 
and  whose  duties,  powers,  obligations,  responsibilities,  compensation,  and  allow- 
ances for  clerk  hire,  office  rent,  fuel,  and  incidental  expenses  shall  be  the  same 
as  thoSe  of  the  surveyor-general  of  Nebraska  and  Kansas,  under  the  direction 
of  the  Secretary  of  the  Interior,  and  such  instructions  as  he  may  from  time  to 
time  deem  it  advisable  to  give  him. 

Sec.  18.  And  be  it  further  enacted.  That  so  much  of  the  public  lands  of  the 
United  States  in  the  Territory  of  Dakota,  west  of  its  eastern  boundary  and  east 
and  north  of  the  Niobrara,  or  Rtmning  Water  River,  be  formed  into  a  land 
district,  to  be  called  the  Yancton  district,  at  such  time  as  the  President  may 


268  HISTORY  OF  NORTH  DAKOTA 

direct,  the  land  office  for  which  shall  be  located  at  such  point  as  the  President 
may  direct,  and  shall  be  removed  from  time  to  time  to  other  points  within  said 
district  whenever,  in  his  opinion,  it  may  be  expedient. 

Sec.  19.  And  be  it  further  enacted,  That  the  President  be.  and  he  is  hereby, 
authorized  to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  a  regis- 
ter and  receiver  for  said  district,  who  shall  respectively  be  required  to  reside  at 
the  site  of  said  office,  and  who  shall  have  the  same  powers,  perform  the  same 
duties,  and  be  entitled  to  the  same  compensation,  as  are  or  may  be  prescribed  by 
law  in  relation  to  other  land-offices  of  the  United  States. 

Sec.  20.  Aiid  be  it  further  enacted.  That  the  river  in  said  Territory  here- 
tofore known  as  the  "River  aux  Jacques,"  or  "James  River,"  shall  hereafter  be 
called  the  Dakota  River. 

Sec.  21.  And  be  it  further  enacted.  That,  until  Congress  shall  otherwise 
direct,  that  portion  of  the  Territories  of  Utah  and  Washington  between  the 
forty-first  and  forty-third  degrees  of  north  latitude,  and  east  of  the  thirty-third 
meridian  of  longitude  west  from  Washington,  shall  be,  and  is  hereby,  incorpo- 
rated into  and  made  a  part  of  the  Territory  of  Nebraska. 

Approved,  March  2,  1861. 

Attest:    Wm.  H.  Seward,  Secretary  of  State. 

Tames  Buchanan. 


PART 


CHAPTER  XIX 
DAKOTA  ORGANIZED 

THE    GOVERNOR    AND    TERRITORIAL    OFFICERS — CENSUS    AND    POPULATION LEGISLA- 
TIVE   APPORTIONMENT — ELECTION    PRECINCTS    AND    JUDGES    OF    ELECTION — THE 

JUDICIAL    DISTRICTS    AND    ASSIGNMENT    OF    JUDGES RESULTS    OF    ELECTIONS — 

DELEGATE    TO    CONGRESS — MEMP.ERS    OF    FIRST    LEGISLATURE THE    FIRST    LEGIS- 
LATIVE   ASSEMBLY — THE    GOVERNOR'S    MESSAGE — LOCATION    OF    THE    CAPITAL 

OLD  settlers'    ASSOCIATION THE    PUBLIC    PRINTER A    WESTERN    WIFE. 

In  April,  1861,  President  Abraham  Lincoln  appointed  the  following  officers 
for  the  Territory  of  Dakota :  Governor,  David  Jayne  of  Springfield,  111. ; 
secretary,  John  Hutchinson  of  Minnesota;  chief  justice,  Philemon  Bliss  of  Ohio; 
associate  justices,  Lorenzo  Parsons  Williston  of  Pennsylvania  and  Joseph  L. 
Williams  of  Tennessee;  district  attorney,  William  E.  Gleason  of  Maryland; 
United  States  marshal,  William  E.  Shaffer  of  Missouri ;  surveyor-general, 
George  D.  Hill  of  ^Michigan.  Hon.  Newton  Edmonds  of  Ypsilanti,  Mich., 
who  was  appointed  chief  clerk  in  the  surveyor-general's  office,  arrived  in  June, 
1861,  and  gave  the  required  notice  that  under  the  direction  of  the  commissioner 
of  the  general  land  office,  the  surveyor-general's  office  was  directed  to  receive 
preemption  declaratory  statements  of  settlers  until  the  opening  of  the  local  land 
offices,  and  that  such  statements  would  be  received  as  soon  as  the  townships  were 
platted. 

The  governor  and  United  States  marshal  also  arrived  in  June.  The  first 
official  act  of  the  governor  was  to  appoint  persons  to  take  a  census ;  those  so 
appointed  were  Henry  D.  Bette,  Wilmot  W.  Brookings,  Andrew  J.  Harlan, 
Obed  Foote.  George  M.  Pinney  and  John  D.  ]\Iorse,  who  were  designated  census 
agents. 

Brookings  was  assigned  to  the  Sioux  Falls  District,  Harlan  to  the  Brule 
Creek  settlements,  Foote  to  the  Missouri  River  settlements,  embracing  Yankton, 
Pinney  to  the  Missouri  River  settlements,  embracing  Choteau  Creek,  j\Iorse  to 
the  Niobrara  region,  and  Bette  to  the  Red  River. 

The  population,  as  returned  by  these  agents,  was  2,376,  of  which  the  number 
of  whites  in  the  Red  River  District  was  51  males  and  28  females,  264  mixed- 
blood  males  and  260  mixed-blood  females,  a  total  of  603 ;  but  as  heretofore 
stated,  this  census  as  to  the  Red  River  country  was  not  accepted  as  correct,  as 
the  greater  portion  of  the  people  were  then  absent  on  their  annual  buffalo  hunt. 
The  United  States  census  of  the  previous  year  showed  a  population  for  this 
region  of  1,606,  and  the  census  of  1850,  1,135  (correct  number,  1,116).  The 
number   returned    by   Maj.    Samuel   Woods   in    1849    for   the    Pembina   region 

271 


272  HISTORY  OF  NORTH  DAKOTA 

showed  177  families,  511  males  and  515  females,  white  and  half-blood  families,  a 
total  of  1,026.  They  had  boo  carts,  300  oxen,  300  work  horses,  150  horses  for 
the  chase,  1,500  horned  cattle,  a  few  hogs  and  no  sheep  (31st  Congress,  ist 
Session,  H.  Docs.  42  and  51  ).  The  census  agents  of  i86i  gave  the  distribution 
of  the  population  of  the  several  districts  as  follows :  Red  River,  603  ;  Urule 
Creek,  47;  Point  on  the  Big  Sioux,  104;  Elk  Point,  61  ;  Vermilion,  265;  Bottom 
and  Clay  Creek,  210;  Sioux  Falls,  60;  Yankton,"  287 ;  Bon  Homme,  163;  Pease 
and  Hamilton  settlements,  181;  Fort  Randall,  210;  Yankton  Agency,  76;  Ponca 
Agency  and  vicinity,  12Q — total,  2,376.  In  South  Dakota  there  were  25  mixed- 
bloods  on  the  Big  Sioux,  5  at  Elk  Point,  7  at  \'ermilion,  9  at  Yankton,  128  at  the 
Pease  and  Plamilton  settlements,  47  at  Yankton  Agency,  and  34  at  the  Ponca 
Agency,  a  total  of  255 ;  added  to  the  60^  reported  at  Pembina,  gave  a  mixed- 
blood  pojudation  of  858  out  of  the  total  of  2,376.  To  this  should  be  added  at 
least  1,000  more,  mostly  mixed-bloods,  not  reported  in  the  Pembina  District. 

LEGISL.VnVE    DISTRICTS    .\ND    .APPORTIONMENT    OF    MEMBERS 

July  2y,  1861,  the  governor  issued  his  proclamation  dividing  the  territory 
-into  Council  and  Representative  districts  and  apportioning  the  members  to  the 
several  districts. 

First  Council  District — That  portion  of  Dakota  lying  between  the  Big  Sioux 
and  Missouri  rivers,  bounded  on  the  west  by  the  range  line  between  ranges  50 
and  51,  and  that  portion  lying  west  of  the  Red  River,  including  the  settlements 
at  Pembina  and  St.  Joseph,  two  councilmen. 

Second  District — All  that  portion  bounded  by  the  \'ermilion  River  on  the 
west  and  on  the  east  by  the  range  line  dividing  ranges  50  and  51,  two  councilmen. 

Third  District — All  that  portion  bounded  by  the  V'ermilion  River  on  the  east 
and  on  the  west  by  the  range  line  dividing  ranges  53  and  54,  one  councilman. 

Fourth  District — All  that  portion  bounded  on  the  east  by  the  range  line 
dividing  ranges  53  and  54,  and  on  the  west  by  the  range  line  dividing  ranges 
^/  and  58,  two  councilmen. 

Fifth  District — All  that  portion  bounded  on  the  east  by  the  range  line  dividing 
ranges  57  and  58  and  on  the  west  by  Choteau  Creek,  one  councilman. 

Sixth  District — All  that  portion  bounded  on  the  east  by  Choteau  Creek  and 
on  the  west  by  a  line  west  of  and  including  the  Hamilton  and  Pease  settlements 
and  all  that  portion  of  Dakota  Territory  situated  between  the  Missouri  River  and 
the  Niobrara  River,  one  councilman. 

The  territory  was  divided  into  eight  representative  districts.  To  the  first, 
two  representatives;  to  the  second,  one;  to  the  third  (the  Pembina  country), 
one;  to  the  fourth,  two;  to  the  fifth,  two;  to  the  si.xth.  two;  to  the  seventh,  two; 
to  the  eighth,  one. 

FIRST    ELECTION    ORDERED 

An  election  was  ordered  for  September  16,  1861,  for  the  election  of  members 
of  the  Legislature  and  a  delegate  to  Congress ;  and  election  precincts  were  estab- 
lished as  follows : 

First  Representative  District — At  the  house  of  Thomas  ]\taloney;  judges  of 


ANDREW  J.  FAULK 

Governor     of     Dakota     Territory     from     September,     1866,     to 
May,  1869 


HISTORY  OF  NORTH  DAKOTA  273 

election,  James  Summers,  William  Mathews  and  Thomas  Maloney;  and  at  the 
hotel  of  Eli  Wixon  at  Elk  Point,  judges,  Sherman  Clyde,  William  Frisbie  and 
K.  P.  Romme. 

Second  District — At  the  house  of  William  Amida ;  judges,  George  P.  Wal- 
dron,  Berne  C.  Fowler  and  John  Keltz. 

Third  District — At  the  house  of  Charles  LeMay,  Pembina;  judges,  James 
McFetridge,  Hugh  Donaldson  and  Charles  LeMay.  Also  at  the  house  of  Bap- 
tiste  Shorette  (Charrette)  at  St.  Joseph;  judges,  Baptiste  Shorette,  Charles  Bot- 
tineau, Antoine  Zangran. 

Fourth  District — At  the  house  of  James  McHenry ;  judges,  A.  J.  Harlan, 
Ole  Anderson  and  A.  Eckles. 

Fifth  District — At  the  house  of  Bligh  E.  Wood ;  judges,  Ole  Oleson,  Bligh  E. 
Wood  and  Ole  Bottolfson. 

Sixth  District  (Yankton) — At  the  house  of  Frost,  Todd  &  Co.';  judges, 
Moses  K.  Armstrong,  Frank  Chapell  and  J.  S.  Presho. 

Seventh  District — .\t  Herrick's  Hotel,  Bon  Homme;  judges.  Daniel  Gifford, 
George  M.  Pinney  and  George  Falkenberg. 

Fighth  District — At  the  house  of  F.  O.  Pease ;  judges,  J.  V.  Hamilton,  Ben- 
jamin Estes  and  Joseph  Ellis.  And  also  at  Gregory's  store;  judges,  Charles 
Young,  James  Tuffts  and  Thomas  Imall. 

Any  free  white  male  inhabitant  of  the  United  States,  residing  in  the  territory 
March  2,  1861,  when  the  organic  act  was  passed,  and  in  the  precinct  at  the  date 
of  this  proclamation  (July  29,  1861 ),  who  was  a  citizen  of  the  United  States  or 
had  declared  his  intentions  to  become  such,  was  entitled  to  vote  upon  subscribing 
to  an  oath  of  allegiance. 

THE  JUDICIAL  DISTRICTS 

July  30,  1861,  the  governor  issued  a  proclamation  establishing  judicial  dis- 
tricts as  follows :  All  that  portion  of  Dakota  Territory  bounded  by  the  east  line 
of  the  territory  and  on  the  west  by  the  range  line  dividing  ranges  53  and  54,  was 
constituted  the  First  Judicial  District.  All  that  portion  of  the  territory  bounded 
on  the  east  by  the  range  line  between  ranges  53  and  54  ( dividing  Yankton  and 
Day  counties)  and  on  the  west  by  the  line  dividing  ranges  57  and  58  (dividing 
Yankton  and  Bon  Homme  counties)  constituted  the  Second  Judicial  District. 
All  that  portion  west  of  the  line  dividing  ranges  57  and  58  constituted  the  Third 
Judicial  District. 

Judge  Williston  was  assigned  to  the  First  Judicial  District,  and  the  place  of 
holding  court  fixed  at  Vermilion.  Judge  Bliss  was  assigned  to  the  Second  Dis- 
trict and  the  place  of  holding  court  fixed  at  Yankton.  Judge  W'illiams  was 
assigned  to  the  Third  District,  and  the  place  of  holding  court  fixed  at  Bon 
Homme. 

The  first  term  of  the  court  was  to  be  held  in  the  First  District  on  the  first 
Monday  in  August,  1861,  and  thereafter  on  the  first  Mondays  in  May  and  Sep- 
tember of  each  year. 

In  the  Second  and  Third  districts  on  the  third  Monday  in  August  and  tliere- 
after  annually  on  the  first  Mondays  of  May  and  September. 

It  will  be  noticed  that  no  provision  was  made  for  courts  in  the  Red  River 


274  HISTORY  OF  NORTH  DAKOTA 

settlements,  and  when  a  land  office  was  established  it  was  opened  at  Vermilion, 
and  the  first  filings  on  North  Dakota  lands  were  made  at  that  office. 

PERSONNEL    OF    OFFICERS 

Governor  Jayne  was  a  townsman  and  friend  of  President  Lincoln.  He 
served  with  credit  two  years.  At  the  election  in  1862  he  was  awarded  a  cer- 
tificate of  election  as  delegate  to  the  Thirty-eighth  Congress,  and  served  from 
March  4,  1863,  to  June  17,  1864,  when  he  was  succeeded  by  John  B.  S.  Todd, 
who  had  contested  his  election,  when  he  returned  to  Springfield,  111.  Todd  was 
elected  delegate  at  the  first  election,  as  a  non-partisan,  although  known  to  be  a 
democrat. 

The  judges  were  all  men  learned  in  the  law,  and  of  excellent  character. 
Judge  Bliss  resigned  in  1864  and  went  to  St.  Joseph,  Mo.,  and  engaged  in  the 
practice  of  law.  Judge  Williston  was  transferred  to  Montana  in  1863  and  was 
succeeded  by  Ara  Bartlett  of  Illinois.  Judge  Williams  returned  to  Tennessee 
on  the  expiration  of  his  term. 

The  Town  of  Williston,  N.  D.,  was  named  in  honor  of  Judge  Williston.  who 
was  greatly  admired  by  Mr.  James  J.  Hill,  the  great  railroad  builder. 

John  Hutchinson  came  from  Kansas,  although  credited  to  Minnesota,  where 
he  had  previously  resided.  He  was  appointed  on  the  recommendation  of  Secre- 
tary of  State  William  H.  Seward.  He  brought  his  family  to  Yankton  and 
became  a  bona  fide  citizen  of  Dakota.  Hutchinson  County,  S.  D.,  was  named 
in  his  honor.  He  served  four  years  as  secretary  of  the  territory  and  was  reap- 
pointed but  resigned  to  accept  the  consulship  to  Leghorn,  Italy.  After  his  return 
he  engaged  in  the  practice  of  law  at  Chicago. 

Surveyor-General  Hill  is  credited  with  the  first  practical  and  persistent  efforts 
to  induce  immigration  to  Dakota  Territory,  and  with  having  secured  the  settle- 
ment of  the  first  considerable  Dakota  colony,  known  as  the  New  York  Colony. 
He  served  four  years  and  returned  to  Ann  Arbor,  Mich. 

United  States  Attorney-General  Gleason  served  four  years  and  was  then 
appointed  associate  justice  in  place  of  Judge  Williams,  and  later  consul  to  Bor- 
deaux, France,  returning  to  Baltimore  on  his  retirement  from  that  position. 
United  States  Marshal  Shaffer  served  about  a  year  and  resigned,  desiring  to 
enter  the  military  service,  being  an  ardent  Union  man.  lie  returned  to  Mis- 
souri. 

Gleason  and  Shaffer  were  bachelors ;  only  Hutchinson  brought  his  family  to 
the  territory.  The  governor  and  chief  justice  brought  their  wives  as  far  as  Sioux 
City,  where  they  remained,  owing  to  lack  of  suitable  accommodations  at  Yank- 
ton, the  temporary  seat  of  government.  Some  of  the  officers  joined  the  Todd 
faction  and  opposed  the  early  developed  aspirations  of  the  governor  to  succeed 
General  Todd  in  Congress. 

The  Sioux  Falls  element  had  taken  the  lead  in  the  movement  for  territorial 
organization,  overlooking  the  importance  of  an  organic  act.  They  elected  a  dele- 
gate to  Congress  and  sought  his  recognition.  They  were  defeated  by  the  Yank- 
ton movement  and  the  strong  influence  brought  to  bear  by  the  masters  of  politics 
from  Missouri.  Todd  controlled  the  situation  from  the  very  beginning.  The 
misfortune  of  1862.  through  Indian  hostilities,  ended  for  a  time  the  early  aspira- 
tions of  Sioux  Falls  to  become  the  capital. 


HISTORY  OF  NORTH  DAKOTA  275 

THE   INITIAL  POLITICAL   MOVEMENT 

The  first  political  convention  was  held  at  \'ermilion,  June  i,  1861.  George  M. 
Pinney  was  chairman  and  A.  W.  Puett,  secretary. 

The  resolutions  declared  allegiance  to  the  Union,  the  Constitution  antl  the 
laws,  and  pledged  cordial  support  to  the  governor  and  secretary,  favored  the 
passage  of  the  Homestead  Law  and  the  policies  of  the  administration,  and 
denounced  monopolies  of  every  nature,  especially  in  connection  with  the  public 
lands.     The  convention  nominated  A.  J.  Picll  for  delegate  to  Congress. 

It  was  claimed  that  all  present  except  Pinney  were  from  Vermilion  and  that 
he  was  not  a  voter  under  the  organic  act,  having  come  from  Minnesota  in  May 
after  the  creation  of  the  territory  in  March. 

Mr.  Charles  P.  Booge,  trader  at  the  Yankton  Agency,  was  nominated  for 
delegate  to  Congress  at  Bon  Homme  early  in  September. 

Capt.  John  B.  S.  Todd  was  a  candidate  for  delegate  regardless  of  party, 
desiring  to  keep  away  from  partisan  issues,  believing  that  if  elected  he  could 
accomplish  most  without  antagonizing  either  party.  The  location  of  the  capital 
at  Yankton  was  known  to  be  in  line  with  his  personal  interests. 

Mass  conventions  were  held,  generally  of  a  non-partisan  character,  for  the 
nomination  of  members  of  the  Legislature. 

The  Yankton  convention  was  called  for  August  24th,  by  John  Stanage,  James 
M.  Stone,  Downer  T.  Bramble,  William  Miner,  William  Thompson,  Frank 
Chapell,  Fnos  Stutsman,  D.  Fisher,  Moses  K.  Armstrong  and  J.  D.  Morse.  Dr. 
Justus  Townsend  was  president  and  J.  D.  Morse,  secretary.  Moses  K.  Arm- 
strong and  John  Stanage  were  nominated  by  acclamation  for  representatives  and 
Enos  Stutsman  and  Downer  T.  Bramble  for  the  council.  Moses  K.  Armstrong, 
James  M.  Stone,  J.  R.  Hanson  and  James  M.  Allen  were  appointed  a  committee 
on  resolutions. 

The  resolutions  endorsed  the  war  policy  of  the  administration  in  all  of  its 
endeavors  to  put  down  the  rebellion  and  preserve  the  Constitution  and  the  Union 
of  States;  they  expressed  appreciation  of  the  act  of  Congress  in  granting  Dakota 
self-government,  and  pledged  support  of  the  officers  of  the  territory  in  their 
efforts  to  preserve  peace  ;  they  urged  economy  of  time  and  money  in  the  Legis- 
lature, prompt  action  and  an  early  adjournment,  and  instructed  the  nominees  to 
that  end.  They  also  favored  a  James  River  ferry  charter  and  the  election  of 
Todd  to  Congress.  All  of  the  nominees  being  democrats,  there  was  some  dis- 
satisfaction. Stone  and  Hanson  published  a  protest  against  the  use  of  their 
names  on  the  Resolution  Committee  without  their  knowledge  or  consent,  and 
pledged  their  utmost  exertions  for  the  defeat  of  the  ticket.  An  opposition  ticket 
was  put  in  the  field  with  J.  B.  Greenway  and  William  Thompson  for  the  council 
and  James  M.  Stone  and  Otis  B.  Wheeler  for  representatives,  but  the  regulars 
were  duly  elected. 

DELEGATE  TO  CONGRESS 

The  result  of  the  election  for  delegate  to  Congress  was  as  follows:  Total 
vote  cast,  585;  John  B.  S.  Todd,  397;  A.  J.  Bell,  78;  Charles  P.  Booge,  icx); 
C.  Booge,  I.  Mr.  Todd  having  received  the  highest  number  of  votes,  was  elected 
for  the  term  ending  March  3,  1863,  taking  his  seat  December  i,  1861. 


276  HISTORY  OF  NORTH  DAKOTA 

The  vote  cast  in  the  Pembina  precinct  was  15  and  in  the  St.  Joseph  precinct 
171,  all  for  Todd  for  delegate  to  Congress. 

Those  elected  to  the  council  were :  First  District — Wilmot  W.  Brookings, 
Sioux  Falls,  and  Austin  Cole,  Sioux  Point  (James  McFetridge,  Pembina, 
received  173  votes  and  Brookings  got  but  84,  and  tiled  notice  of  contest;  not 
received,  however,  until  after  Brookings  was  sworn  in).  Second  District — 
Henry  D.  Bette  and  John  VV.  Boyle  of  \'ermilion.  Third  District — Jacob  Deuel, 
west  of  Vermilion  River.  Fourth  District — Enos  Stutsman  and  Downer  T. 
P)ramble,  \'ankton.  Fifth  District — John  H.  Shober,  Bon  Homme.  Sixth  Dis- 
trict— J.  Shaw  Gregory,  Mix'ville  or  Fort  Randall. 

House  of  Representatives :  First  District — John  C.  McBride,  Elk  Point,  and 
Christopher  Maloney  of  Sioux  Point.  Second  District — George  P.  Waldroii  of 
Sioux  Falls.  Third  District — Hugh  Donaldson,  Pembina.  Fourth  District — 
Lynian  Burgess  and  A.  W.  Puett  of  East  Vermilion.  Fifth  District — Bligh  E. 
Wood  and  Jacob  A.  Jacobson,  West  Vermilion.  Sixth  District — Moses  K.  Arm- 
strong, Yankton,  and  John  Stanage,  James  River  crossing.  .Seventh  District — 
George  M.  Pinney  and  Reuben  Wallace,  Bon  Homme.  Eighth  District — John  L. 
Tiernon,  Fort  Randall. 

The  failure  to  recognize  the  vote  cast  for  McFetridge  left  the  settlements  in 
the  northern  part  of  the  territory  without  representation  in  the  council,  although 
actually  having  nearly  one-half  of  the  population  in  the  whole  territory. 

THE  FIRST  LEGI.SLATIVE  .\SSEMBLY 

The  first  legislative  assembly  convened  in  Yankton,  March  17th  and  con- 
tinued until  May  15,  1862.  At  the  temporary  organization  of  the  council,  Enos 
Stutsman  was  elected  president,  but  on  the  permanent  organization  John  H. 
Shober  was  elected  in  his  stead.  The  members  were  sworn  in  by  Judge  Bliss. 
Prayer  was  offered  by  Rev.  S.  W.  Ingham,  Methodist  clergyman  of  Vermilion, 
who  was  elected  chaplain.  James  Tufts  of  Mixville  was  elected  secretary; 
William  R.  Goodfellow,  of  Elk  Point,  messenger,  and  Charles  F.  Picotte,  Yank- 
ton, sergeant-at-arms. 

The  members  of  the  House  of  Representatives  were  sworn  in  by  Judge  Bliss, 
prayer  was  offered  by  Rev.  D.  D'.  Metcalf  of  Bon  Homme.  George  M.  Pinney 
of  Bon  Homme  was  elected  speaker;  Joseph  R.  Hanson,  chief  clerk;  James  Allen 
of  Sioux  Falls,  assistant  clerk ;  Daniel  Gifford,  Bon  Homme,  enrolling  clerk ; 
lames  Summers,  Sioux  Falls,  sergeant-at-arms ;  Ole  Anderson,  East  Vermilion, 
fireman ;  A.  B.  Smith,  Tower  Butte,  messenger,  and  Rev.  D.  D.  Metcalf,  Bon 
Homme,  chaplain. 

George  W.  Lamson,  private  secretary,  read  the  message  of  the  governor  at 
the  meeting  on  the  second  day. 

THE   governor's    MESS.\GE 

The  governor  called  attention  to  the  vast  area  of  the  territory  as  then  organ- 
ized, extending  from  the  97th  to  the  iT3th  degrees  of  longitude,  embracing  an 
area  greater  in  extent  than  all  of  New  England  combined  with  Xew  York,  Penn- 
sylvania, Ohio,   Illinois  and   Missouri,   including  the   vast  basins  and   mountain 


WILLIAM  A.  HOWARD 

Sixth  governor  of  Dakota  Territory,  1878  to  1880.     Died 
in  oflRce,  1880 


HISTORY  OF  NORTH  DAKOTA  277 

ranges,  and  waters  flowing  southward  into  the  Gulf  of  Mexico  and  northward 
into  Hudson  Bay.  He  spoke  of  its  excellence  of  soil  and  climate,  of  its 
capacity  for  raising  numerous  herds  of  cattle  and  the  production  of  wheat  and 
other  agricultural  products,  and  prophesied  that  the  great  wheat-growing  belts 
of  this  continent  would  be  developed  in  the  valleys  of  the  Red  River  and  Sas- 
katchewan, and  that  before  a  generation  passed  more  than  a  million  people  would 
be  found  residing  in  the  Missouri  Valley  alone;  that  the  Pacific  Railroad  would 
be  completed,  connecting  the  two  oceans  with  iron  bands,  and  the  trade  of  India 
and  Japan  would  be  found  passing  through  Dakota  on  its  way  to  the  Atlantic, 
and  that  towns  and  cities  would  spring  up  along  the  great  highways  of  traffic. 
He  spoke  of  the  mineral  wealth  to  be  developed  in  the  Black  Hills  and  Wind 
River  region,  and  of  the  vast  resources  of  coal.  He  urged  the  importance  of 
schools  and  of  military  preparedness  for  protection  from  a  savage  foe.  He 
denounced  slavery,  which  had  caused  trouble  in  other  territories,  in  most  vigor- 
ous terms,  and  urged  laws  forever  prohibiting  involuntary  servitude  excepting 
for  crime;  and  that  they  declare  by  legislative  enactment  that  labor  shall  be 
honored,  respected  and  rewarded,  leaving  no  room  for  a  privileged  class  spum- 
ing labor  and  the  laborer — a  class  exalted  above  common  sympathies  and  cares, 
sacred  against  vulgar  necessities  and  scorning  occupation. 

He  warned  against  bank  men  and  bank  charters  and  the  evils  of  a  pernicious 
paper  currency.  He  urged  a  stringent  election  law,  and  suggested  memorials  to 
Congress  for  military  roads,  a  geological  survey  and  in  favor  of  a  Pacific  Rail- 
road and  a  Homestead  Law. 

He  reviewed  the  progress  of  the  Civil  war  and  congratulated  the  territory 
on  its  ready  response  to  the  call  for  volunteers  to  garrison  Fort  Randall,  thus 
relieving  the  regular  army  for  duty  in  the  field. 

PARTIAL    JUSTICE    TO    PEMBINA 

The  contest  of  McFetridge  for  a  seat  in  the  council  received  no  attention,  on 
the  theory  that  the  Pembina  region  belonged  to  the  Chippewa  Indians ;  there- 
fore, the  Legislature  memorialized  Congress  for  a  treaty  to  extinguish  the  Indian 
title,  and  passed  a  bill  giving  that  region  one  councilman  and  two  representatives 
in  the  next  Legislature. 

LOCATION   OF  THE   CAPITAL 

Yankton  and  \'ermilion  were  contestants  for  the  capital  location,  with  Sioux 
Falls  a  dark  horse  in  the  race.  The  contest  lasted  twenty  days  with  varying 
shades  and  was  finally  settled  in  favor  of  Yankton;  Vermilion  got  the  univer- 
sity and  Bon  Homme  the  penitentiary  as  a  result  of  the  manipulations ;  and 
George  M.  Pinney,  who  was  the  uncertain  element  in  the  battle,  resigned  his 
position  as  speaker  and  was  succeeded  by  John  L.  Tiernon.  As  an  incident  of 
the  contest  Lieutenant  Plughoff  of  the  Dakota  Cavalry,  in  command  of  twenty 
men,  appeared  in  the  hall  of  the  House  of  Representatives  and  took  a  position 
by  the  side  of  the  speaker.  A  committee  of  investigation  was  appointed  and  a 
demand  for  an  explanation  filed  with  the  governor,  who  replied  in  writing  that 
such  action  was  taken  at  the  verbal  and  written  request  of  the  speaker  of  the 


278  HISTORY  OF  NORTH  DAKOTA 

Flouse  of  Representatives,  claiming  that  from  threats  and  representations 
received  from  reliable  sources  he  feared  the  business  of  the  House  would  be 
interrupted  by  violence  and  he  called  upon  the  governor  for  a  force  to  protect 
the  House  in  the  lawful  pursuit  of  its  duties.  The  indignation  of  the  House 
resulted  in  the  speaker's  resignation  and  John  L.  Tiernon  was  elected  in  his 
stead. 

The  session  of  the  Legislature  passed  civil,  criminal,  judicial  and  probate 
codes  and  other  wholesome  laws  and  defined  the  boundaries  of  Clay,  Cole  (now 
Union).  Bon  Homme,  Charles  Alix,  Brughier  (now  Buffalo),  Jayne,  Hutchin- 
son, Lincoln.  Minnehaha.  Brookings.  Todd  and  Gregory  counties,  in  the  southern 
part  of  the  territory,  and  Stevens,  Cheyenne  and  Kittson  counties  in  the  northern 
part. 

The  Old  Settlers'  Association  was  chartered  during  this  session  of  the  Legis- 
lature, with  J.  B.  S.  Todd,  J.  S.  Gregory.  James  Tufts,  W.  W.  Brookings,  E. 
Stutsman,  J.  H.  Shober,  Reuben  Wallace,  D.  Gifford,  E.  Gifford,  X.  McDonald, 
C.  F.  Picotte.  John  Stanage,  J.  B.  Amidon,  G.  P.  Waldron,  B.  M.  Smith,  A.  C. 
Van  Meter,  J.  Deuel,  J.  R.  Hanson,  A.  G.  Fuller,  D.  T.  Bramble,  M.  K.  Arm- 
strong, J.  M.  Allen.  Austin  Cole.  F.  Carman.  J.  \Mierry,  IT.  C.  Ash.  John  L. 
Tiernon,  J.  M.  Stone,  W.  P.  Lyman,  W.  H.  Granger,  C.  W.  Cooper,  R.  M. 
Johnson,  Norman  VV.  Kittson,  L.  M.  Griffith,  F.  J.  DeW'itt,  J.  C.  McBride,  Chris- 
topher Maloney,  H.  S.  Donaldson,  James  McFetridge,  William  Mathews,  M. 
Ryan,  John  McClellan,  J.  B.  LaPlant.  A.  Mason.  Peter  Arpin,  John  Brouillard, 
W.  W.  lienedict.  Ole  Bottolfson,  Ole  Anderson,  C.  Lawson,  A.  B.  Smith,  George 
Brown,  Moses  Herrick.  J.  McCase,  John  Lefevre.  Felix  Leblanc,  George  Bour- 
ret,  H.  Bradley,  Joseph  Chattelion  and  A.  W^  Puett.  charter  members. 

THE   PUBLIC   PRINTER 

Josiah  Trask  having  been  appointed  public  printer  by  the  secretary  of  the 
territory,  John  Hutchinson.  George  W.  Kingsbury  arrived  at  Yankton  on  March 
17,  1862,  to  assist  in  the  legislative  printing,  expecting  to  remain  during  the 
legislative  session  only,  but  from  that  day  to  this  (October,  1916)  has  remained, 
during  fifty-four  years,  becoming  identified  with  every  feature  of  "Dakota  His- 
tory." In  1915  he  contributed  two  volumes  of  "Dakota  History,"  published  by  The 
S.  J.  Clarke  Publishing  Company,  Chicago,  which  will  prove  of  value  as  long  as 
time  shall  last.  He  came  from  Lawrence,  Kans.,  by  stage  from  St.  Joseph,  Mo. 
The  Dakotian  at  Yankton  was  the  first  newspaper  established  after  the  passage 
of  the  organic  act.  and  was  published  by  the  Dakota  Printing  Company.  Frank 
M.  Ziebach  and  William  Freney.  members  of  the  company,  had  been  engaged 
in  the  publication  of  the  Sioux  City  Register.  During  the  session  of  the  first 
Legislature  a  mock  legislature  was  opened,  with  Frank  M.  Ziebach  governor, 
and  this  afforded  the  leading  and  most  attractive  means  of  entertainment  during 
the  legislative  session.  The  Press  was  later  established,  and  in  time  consoli- 
dated  with  the  Dakotian  under  the  management  of  George  W.  Kingsbury. 
Ziebach  later  established  the  Scotland  Citizen,  one  of  the  ablest  papers  in  the 
territory. 

The  first  Legislature  did  its  whole  duty  and  deserves  the  highest  praise. 
Even  at  that  early  date  the  wives,  sisters  and  daughters  of  the  pioneers  had 


HISTORY  OF  NORTH  DAKOTA  279 

taken  their  place  among  the  elements   working   for   present  and    future   good. 
The  following  tribute  to  the  western  wife,  published  in  the  National  Maga- 
zine for  February,  1905,  deserves  a  place  in  these  pages : 

A  WESTERN  WIFE 
By  Will  Chamberlain 
Jefferson,  South  Dakota 

She  walked  behind  the  lagging  mules 

That  drew  the  breaker  thro'  the  soil; 
Hers  were  the  early-rising  rules, 

Hers  were  the  eves  of  wifely  toil. 

The  smitten  prairie  blossom'd  fair. 

The  sod  home  faded  from  the  scene; 
Firm  gables  met  the  whisp'ring  air, 

Deep  porches  lent  repose  serene. 

But  with'ring  brow  and   snowy  tress 

Bespeak  the  early  days  of  strife ; 
And   there's   the   deeper-wrought   impress — 

The  untold  pathos  of  the  wife. 

O  western  motlier  !    in  thy  praise 

No  artist  paints  nor  poet  sings, 
But  from  thy  rosary  of  days 

God's  angels  shape  immortal  wings ! 

DAKOTA    INDIAN    AFFAIRS 

The  following  information  relative  to  Indian  agencies  was  furnished  for  this 
history  by  the  Indian  office : 

Section  2  of  the  Act  of  June  30,  1834,  entitled  "An  Act  to  provide  for  the 
organization  of  the  Department  of  Indian  Aiifairs  (4  Stat.  L.,  235)"  provided 
"and  be  it  further  enacted,  That  there  shall  be  a  superintendency  of  Indian 
Affairs  for  all  the  Indian  country  not  within  the  bounds  of  any  state  or  territory 
west  of  the  Mississippi  River,  the  superintendent  of  which  shall  reside  at  St. 
Louis,  *  *  *"  This  superintendency  seems  to  be  known,  in  the  reports,  as 
the  "Central  Superintendency,"  at  that  time  under  the  Department  of  War. 

The  Act  of  March  3,  1847  (9  Stat.  L.,  203),  authorizes  the  secretary  of  war 
to  establish  each  superintendency,  agency  and  sub-agency  either  by  tribes  or 
geographical  boundaries. 

Section  5  of  the  Act  of  March  3,  1849  (9  Stat.  L.,  395),  transferred  the  office 
of  the  commissioner  of  Indian  Affairs  from  the  jurisdiction  of  the  secretary 
of  war  to  that  of  the  secretary  of  the  interior. 

The  Yankton  Sioux  Reservation,  located  in  the  extreme  southern  part  of 
Dakota  Territory,  consisting  of  400,000  acres,  2.000  Indians,  was  created  by 
treaty  of  1858  (11  Stat.  L.,  743). 

The  Ponca  Reservation,  consisting  of  576,000  acres,  735  Indians,  was  created 
by  the  "Ponca  Treaty"  of  March  12,  1858  (12  Stat.  L.,  997). 

The  Fort  Berthold  Reservation,  consisting  of  8,640,000  acres,  having  super- 
vision over  the  Arikara,  Gros  Ventre  and  Mandan  tribes,  was  established  by 
unratified  agreements  of  September  17.  1851,  and  July  27,  1866,  and  executive 
order  of  April  12,  1870. 

The   Lake   Traverse    (Sisseton)    Reservation,   composed   of    1,241,600  acres, 


280  HISTORY  OF  NORTH  DAKOTA 

1,496  Sisseton  and  Wahpeton  bands  of  Sioux  Indians  was  established  by  treaty 
of  February  19,  1867  (15  Stat.  L.,  505). 

The  Devil's  Lake  Reservation,  composed  of  345,600  acres,  720  Sisseton, 
Wahpeton  and  Cuthead  bands  of  Sioux  Indians,  was  established  by  treaty  of 
February  19,  1867  (idem). 

The  General  Sioux  Reservation,  comprising  the  following  agencies,  in  all 
25,000,000  acres,  in  charge  of  Brule,  Ogallah,  Miniconjou,  Lower  Yanctonai, 
Oncpapa,  Blackfeet,  Cuthead,  Two  Kettle,  Sans  Arc  and  Santee  bands  of  Sioux 
Indians  was  established  by  treaty  of  April  29,  1868  (15  Stat.  L.,  635) 

Grand  River  Agency,  6,000  Indians. 

Cheyenne  River  Agency,  5,000  Indians. 

Whetstone  Agency,  5,000  Indians. 

Red  Cloud  Agency,  Wyoming  (temporarily  on  North  Platte  River  when 
report  of  1872  was  made),  7,000  Indians. 

Crow  Creek  (Upper  Missouri)   Agency,  3,000  Indians. 

The  Act  of  March  2,  1861  (12  Stat.  L.,  239-240),  organized  the  Territory  of 
Dakota  and  prescribed  the  duties  of  the  office  of  the  governor,  and,  among  other 
things,  said : 

"*  *  *  he  shall  perform  the  duties  and  receive  the  emoluments  of  super- 
intendent of  Indian  Affairs     *     *     *" 

Section  6  of  the  Appropriation  Act  of  July  15,  1870  (16  Stat.  L.,  360-361), 
provided : 

"And  be  it  further  enacted.  That  the  President  be,  and  he  is  hereby  authorized, 
to  discontinue  any  one  or  more  of  the  Indian  superintendencies,  and  to  require 
the  Indian  agents  of  such  superintendencies  to  report  directly  to  the  commis- 
sioner of  Indian  Affairs." 

Presumably  under  this  authority  the  Dakota  superintendency  was  discontinued 
in  1870  and  the  agencies  named  above  appear  thereafter  as  "Independent 
Agencies." 

The  same  authority  gives  the  names  of  Indian  agents  and  traders  in  Dakota 
Territory  in  1872  as  follows: 

INDIAN  AGENCIES  AND  AGENTS  IN  DAKOTA  TERRITORY,   1872 

Sisseton  Agency,  M.  N.  Adams. 
Devil's  Lake  "Agency,  W.  H.  Forbes. 
Grand  River  Agency,  J.  C.  O'Connor. 
Cheyenne  River  Agency,  T.  M.  Kones. 
Whetstone  Agency,  D.  R.  Risley. 
Upper  Missouri  Agency,  H.  F.  Livingston. 
Fort  Berthold  Agency,  J.  E.  Tappan. 
Yankton  Agency,  T.  G.  Gassman. 
Ponca  Agency,  H.  E.  Gregory. 

INDIAN   TRADERS   IN    DAKOTA   TERRITORY,    1872 

E.  H.  Durfee  and  C.  K.  Peck,  Fort  Berthold  Agency. 
E.  H.  Durfee  and  C.  K.  Peck,  Grand  River  Agency. 


GILBERT  A.  PIERCE 

Eighth  governor  of  Dakota  Territory, 

1884-1887 


HISTORY  OF  NORTH  DAKOTA  281 

E.  H.  Durfee  and  C.  K.  Peck,  Cheyenne  Agency. 

Thomas  G.  Cowgill,  Mouth  of  White  River. 

Frankhn  J.  DeWitt,  Fort  Thompson  Agency  (Crow  Creek),  at  or  near  the 
site  of  old  Fort  Lookout,  and  at  or  near  the  mouth  of  White  Earth  River, 
Dakota. 

George  W.  Howe,  Ponca  Agency. 

Downer  T.  Bramble  and  William  Miner,  Yankton  Sioux  Agency,  opposite 
Fort  Randall,  known  as  White  Swan. 

James  Fitzsimmons  and  Andrew  J.  Miller,  Republican  County,  Dakota. 

Downer  T.  Bramble  and  William  Miner,  Yankton  Agency. 

Joseph  Bissonette,  Sr.,  Whetstone  Agency. 

George  W.  Howe,  Ponca  Agency. 

Francis  D.  Yates,  Whetstone  Agency. 

Thomas  G.  Cowgill,  Cheyenne  Agency. 

Fort  Thompson  was  named  for  Clark  W.  Thompson,  of  La  Crosse,  Wis.,, 
builder  of  the  Southern  Minnesota  Railroad  from  La  Crosse  to  Wells,  and  Man- 
kato,  Minn.,  and  superintendent  of  Indian  Afifairs  on  the  Upper  Missouri  in 
r862. 


CHAPTER  XX 
DAKOTA  IN  THE  CIVIL  AND  INDIAN  WARS 

COMPANIES   A    AND   B,    DAKOTA    CAVALRY THE   TERRITORIAL    MILITIA    ORGANIZED 

OPERATIONS    IN    CONNECTION    WITH    THE    INDIAN    UPRISING    OF    1862 SIBLEY's 

EXPEDITION  OF  1863 — BATTLES  OF  BIG  MOUND,  BUFFALO  LAKE  AND  STONY 
LAKE — DEATH     OF    DOCTOR    WEISER,    LIEUTENx\NT    FREEMAN     AND    LIEUTENANT 

BEAVER BATTLE    OF    THE    MACKINAW SULLY's    EXPEDITION    OF    1863 BATTLE 

OF    WHITE   STONE   HILLS — SULLy's    EXPEDITION    OF    1864 — BATTLE   OF    KILLDEER 

MOUNTAIN BATTLE      OF      THE      LITTLE      MISSOURI      OR      "WHERE      THE       HILLS 

LOOK   AT   EACH    OTHER" SULLY   AT    BRAZZEAU's    POST   ON   THE   YELLOWSTONE 

SITE  OF  FORT  BUFORD  SELECTED FORTS  STEVENSON,   SULLY   AND   WADSWORTH — 

FISK's  EXPEDITION — THE  BATTLE  OF  RED  BUTTES THE  WHITE  WOMAN  CAP- 
TIVE— THE  MASSACRE  NEAR  FORT  PHIL  KEARNEY — THE  GREAT  SIOUX  RESERVA- 
TION. 

The  governor  of  Dakota  having  heen  authorized  to  raise  two  companies  of 
cavalry  for  patrol  and  garrison  duty,  recruiting  stations  were  established  at 
Yankton,  \'erniilion  and  Bon  Homme.  J.  Kendrick  Fowler  was  appointed 
recruiting  officer  at  Yankton,  Nelson  Miner  at  \'ermilion  and  James  M.  Allen  at 
Bon  Homme ;  and  Company  A  was  mustered  into  the  United  States  service  in 
April,  1862,  with  Nelson  Miner,  captain;  J.  Kendrick  Fowler,  first  lieutenant; 
and  Frederick  Ploghoff,  second  lieutenant.  The  non-commissioned  officers  were 
A.  M.  English,  first  sergeant ;  Patrick  Conway,  E.  K.  Wilson,  F.  P.  Hobler, 
William  Neunian,  Ben  F.  Estes,  J.  B.  Watson  and  Horace  J.  Austin,  sergeants ; 
George  Falkenberg,  David  Benjamin,  Joseph  Ellis,  William  Young,  C.  H.  Stager, 

C.  H.  Brurud,  Amos  Shaw  and  Adolph  Mauxsch  corporals ;  A.  Hanson  and 
E.  Wilkins,  buglers ;  A.  Jones,  farrier,  and  Timothy  Pringle,  blacksmith. 

Privates :  M.  ^Vnderson,  J.  Allen,  R.  Alderson,  C.  Andrews,  B.  Bellows,  W. 
VV.  Benedict,  Robert  Burkhart,  John  Betz,  John  Bradley,  John  Bell,  N.  Cusick, 

D.  Campbell,  N.  EUingson,  J.  Floeder,  N.  Felling,  J.  Gray,  J.  Ilaggin,  J.  Johnson, 
C.  Lewison,  J.  Ludwig,  J.  D.  Morse,  T.  A.  McLeese,  A.  Munson,  P.  Omeg,  C. 
Olson,  L.  E.  Phelps,  H.  M.  Pierce,  George  Pike,  J.  Solberger,  J.  Tallman,  T.  J. 
Tate,  B.  H.  Wood,  J.  Wells.  H.  Woodrufif,  J.  Cramer,  George  Hoosick,  H.  Snow, 
A.  Gibson,  Michael  Fisher,  J.  H.  McBee,  John  Claude,  John  Collins,  S.  Delaney, 
Thomas  Frick,  J.  O.  Ford,  B.  F.  Gray,  E.  Harrington,  Ben  Hart,  J.  Kinney, 
Charles  Long,  Merrill  G.  Lothrop,  J.  Markell,  John  McClellan,  M.  J.  Mind,  O. 
N.  Orland,  O.  Olsen,  J.  O.  Phelps,  James  E.  Peters,  R.  A.  Ranney,  P.  Sherman, 
J.  Trumbo.  A.  J.  Drake,  T.  H.  Weegs,  Charles  Wambold,  Charles  Wright  and 
W.  H.  Bellows." 

282 


HISTORY  OF  NORTH  DAKOTA  283 

Lieutenant  Ploghoff  resigned  and  James  Bacon  was  commissioned  second 
lieutenant  in  his  stead.  Lieutenant  Fowler  also  resigned.  The  company,  after 
receiving  their  equipment,  was  stationed  for  a  short  time  at  P^ort  Randall  under 
Lieut.  Col.  John  Pattee  of  the  Seventh  Iowa. 

In  July  Lieutenant  Ploghoff  reached  Yankton  with  twenty-five  men.  Captain 
Miner  was  at  Vermilion  with  a  part  of  the  company;  a  portion  under  Lieutenant 
Bacon  was  stationed  at  Sioux  Falls.  Sergeant  English  was  at  Yankton  with 
another  detachment.  This  organization  proved  of  great  importance  in  the 
Indian  war  which  commenced  in  August,  1862,  as  related  in  a  previous  chapter, 
when  Sioux  Falls  was  burned,  several  persons  killed,  and  practically  the  whole 
territory  abandoned  excepting  Yankton.  Pembina,  Fort  Randall,  Fort  Aber- 
crombie  and  the  upper  Missouri  trading  posts. 

August  30,  1862,  the  governor  called  out  the  militia  of  the  territory,  and 
Charles  P.  Booge  was  appointed  adjutant-general  and  Robert  M.  Hagaman,  aid- 
de-camp. 

General  Booge  appointed  Moses  K.  Armstrong  aid-de-camp;  Downer  T. 
Bramble,  brigade  quartermaster;  Joseph  R.  Hanson,  judge  advocate,  and  Rev. 
]\Ielancthon  Hoyt,  brigade  chaplain. 

At  a  meeting  at  Yankton  August  30,  1862,  to  organize  a  company  of  militia, 
with  Enos  Stutsman  president  and  George  W.  Kingsbury  secretary,  sixty  men 
were  immediately  enrolled  and  twenty  others  soon  added  from  the  homestead 
settlers.  Those  enrolled  were  Enos  Stutsman,  Downer  T.  Bramble,  William 
Bordeno,  W.  N.  Collamer,  David  Fisher,  James  M.  Allen,  Newton  Edmunds, 
Moses  K.  Armstrong,  H.  T.  Bailey,  Joseph  R.  Hanson,  John  E.  Allen,  George 
W.  Kingsbury,  J.  C.  Trask,  Obed  Foote,  George  Brown,  Parker  V.  Brown, 
William  P.  Lyman,  Charles  F.  Rossteuscher,  Charles  F.  Picotte,  Thomas  C. 
Powers  (afterwards  U.  S.  senator,  Montana),  Augustus  Fligh,  William  High, 
Lytle  M.  Griffith,  James  Falkenberg,  Nicholas  Felling,  Antoine  Robeart,  A.  S. 
Chase,  Samuel  Grant,  John  Lawrence,  William  H.  Werdebaugh,  John  Rouse, 
Saumel  Jerome,  George  N.  Propper,  George  W.  Lamson,  William  Miner,  John 
McGuire,  Washington  Reed,  James  M.  Stone,  Joseph  S.  Presho,  Charles  Noland, 
John  Smart.  William  Thompson,  Bligh  E.  Wood,  James  F.  Witherspoon,  C.  S. 
White,  A.  B.  Smith,  Charles  Wallace,  O,  B.  Wheeler,  F.  M.  Ziebach,  D.  W. 
Reynolds,  Henry  Bradley,  Samuel  Mortimer,  John  Bradley,  Jacob  Arend,  J.  M. 
Reed,  T.  J.  Reed,  Charles  Nolan,  P.  H.  Risling,  Berne  C.  Fowler,  J.  W.  Evans, 
James  Fawcett,  Henry  Arend,  Dr.  A.  Van  Osdel,  Rudolph  Von  Ins,  John 
Stanage,  Gouzaque  Bourret.  Hans  Shager,  John  Lefevre,  William  Stevens, 
George  Granger,  Charles  Philbrick,  Inge  Englebertson,  L.  Olson,  Henry  Strunk, 
Lewis  Peterson,  John  Johnson,  Peter  Johnson,  G.  P.  Greenway,  Ole  Peterson, 
John  Keltz.  Barre  (Jlson,  Charles  McKinney,  Christopher  Arend,  Pierre  Dupuis, 
George  Mathiesen.  Richard  Mathiesen,  Peter  Nugent,  William  \'an  Osdel, 
Samuel  Van  Osdel,  J.  N.  Hoyt. 

At  the  meeting  for  organization  next  day  F.  M.  Ziebach  was  elected  captain ; 
David  Fisher,  first  lieutenant,  and  John  Lawrence,  second  lieutenant ;  B.  F. 
Barge,  first  sergeant ;  Antoine  Robeart,  Samuel  Mortimer  and  F.  Wadsworth, 
sergeants ;  George  W.  Kingsbury,  A.  S.  Chase,  Obed  Foote.  H.  T.  Bailey, 
Downer  T.  Bramble.  J.  C.  Trask,  John  Rouse  and  Newton  Edmunds,  corporals. 

A  stockade  inclosing  400  feet  square,  embracing  the  Ash  Hotel  and  several 


284  HISTORY  OF  NORTH  DAKOTA 

other  buildings,  was  built,  and  here  the  women  and  children  were  generally  pro- 
vided with  beds  and  the  men  were  camped.  The  entire  population  of  Yankton 
County,  excepting  the  settlement  at  Gayville,  which  fled  to  Nebraska,  found 
refuge  here,  and  were  joined  by  those  at  Bon  Homme  and  other  near-by  places. 
Some  from  Vermilion  and  Elk  Point  found  safety  at  Sioux  City. 

Strike-the-Ree,  chief  of  the  Yanktons,  who  was  friendly,  advised  the  settlers 
to  flee,  as  he  felt  certain  that  he  could  not  hold  his  young  warriors  who  were  dis- 
posed to  join  Little  Crow's  bands,  who  were  on  the  war  path;  but  the  advice  of 
the  chief  was  rejected,  after  a  meeting  participated  in  by  married  men  only,  who. 
decided  by  one  majority  to  stay  and  fight  if  necessarj'.  After  this  decision  they 
all  engaged  in  hurried  preparations  for  defense. 

The  stockade  was  to  have  been  built  of  sod,  with  a  ditch  in  front;  but  by 
the  time  it  was  completed  on  the  north  side,  attacks  were  made  by  the  Indians, 
at  the  ferry  and  several  other  places,  one  of  the  skirmishes  lasting  nearly  an 
hour,  when  it  was  completed  with  logs,  posts,  or  any  other  available  material.  A 
cannon  was  planted  at  the  gate  and  the  militia  and  Company  A  were  active  in 
scouting. 

There  was  preparedness  everywhere,  and  as  the  advices  from  Little  Crow's 
operations  were  encouraging,  the  Yankton  Indians  resumed  their  peaceful  atti- 
tude; yet  on  September  6th,  there  were  several  sharp  skirmishes  and  every 
settler  who  had  not  already  sought  safety  in  the  stockade  did  so  or  joined  with 
the  organization  for  defense. 

The  uprising  lasted  forty  days ;  after  that  was  over  some  of  the  settlers 
returned  to  their  homes;  some  never  returned.  Sioux  Falls  was  practically 
abandoned  for  six  years. 

A  militia  company  was  also  organized  in  the  Brule  Creek  settlement  with 
Mahlon  Gore  captain ;  a  stockade  was  also  built  and  a  detachment  of  Company 
A  stationed  there  during  the  fall.  A  number  of  settlers  lived  in  the  stockade 
for  some  time,  including  the  Methodist  circuit  preacher,  Rev.  J-  L.  Paine. 
Stockades  were  built  by  returning  settlers  at  Vermilion  and  Elk  Point.  Many 
settlers  sent  their  families  to  their  former  homes. 

The  massacre  at  Sioux  Falls  occurred  September  ist.  The  Norwegian  fam- 
ilies at  Gayville  went  to  St.  Helena,  Neb.,  and  organized,  with  Ole  Sampson, 
captain. 

Sergt.  A.  M.  English  was  particularly  active  in  escorting  the  settlers  to  Yank- 
ton and  other  places  of  safety.  .September  6th  he  joined  the  Yankton  party,  with 
his  command,  adding  materially  to  the  military  strength.  Captain  Ziebach  had 
taken  great  precautions  and  was  already  well  prepared,  as  were  all,  and  in  pre- 
paredness they  found  safety:  but  the  main  feature  of  that  day  of  anxiety  and 
real  danger  was  the  arrival  of  Capt.  Nelson  Miner  with  forty  men  of  Company 
A.  The  Yankton  Indians  recognized  it  and  dissuaded  the  hostiles  who  were  in 
force  a  short  distance  away  from  any  further  attack.  This  incident  was  the 
turning  point,  and  to  the  brave  defenders  of  Yankton  the  credit  was  due.  Strike- 
the-Ree  no  longer  urged  the  retirement  of  the  white  settlers. 

Dr.  Walter  A.  Burleigh  raised  a  company  of  loo  Indian  braves  for  the  com- 
mon defense  at  the  Yankton  Agency,  where  he  had  but  recently  arrived  with 
his  family.  This  also  had  great  influence  on  the  young  Yankton  braves  and  kept 
them  from  breaking  away  from  the  restraint  of  their  chief  and  joining  in  the 


STRIKES-THE-REE  AT  NINETY-TWO  YEARS  OF 
AGE 

Oiief  of  the  Yankton  Sioux  tribe 


INDIAN"    TKAVOIS 


HISTORY  OF  NORTH  DAKOTA  285 

work  of  destruction  commenced  by  Little  Crow,  who  was  even  then  becoming 
discouraged  by  the  resistance  of  the  Sissetons,  and  the  rumors  of  preparation 
that  reached  him  from  every  direction.  The  resistance  met  at  Fort  Ridgeley  and 
New  Ulm  was  unexpected,  and  he  realized  that  the  time  spent  in  dancing  and 
rejoicing  over  the  first  day's  terrible  work  could  never  be  regained. 

October  7th,  Governor  Jayne  ordered  the  enlistment  of  four  military  com- 
panies, trusting  to  future  legislation,  or  orders  from  the  war  department,  to  pro- 
vide for  their  pay  and  equipment.  Commissions  had  previously  been  issued  to 
officers  for  recruiting  Company  B,  which  was  immediately  organized,  with  Wil- 
liam Tripp,  captain ;  T.  Elwood  Clarke,  first  lieutenant ;  the  latter  subsequently 
built  Fort  Hutchinson  at  the  James  River  crossing,  which  became  an  important 
element  in  the  defense  of  Yankton.  It  was  built  of  logs  with  quarters  for  100 
men. 

Among  other  officers  commissioned  under  the  call  of  (Jctober  7th  were  Capt. 
A.  J.  Bell,  Lieut.  M.  H.  Somers,  Capt.  A.  G.  Fuller,  Lieut.  John  R.  Wood  and 
Lieut.  W.  W.  Adams. 

Those  enlisted  were  subsequently  mustered  into  the  United  States  service  and 
paid  from  date  of  enlistment.  Captain  Fuller  and  Lieutenant  Fisher  erected  a 
block-house  on  the  Ash  Hotel  lots  but  it  never  reached  full  completion,  Minne- 
sota, Nebraska  and  Iowa  troops  coming  to  Yankton  and  other  parts  of  Dakota 
in  such  force  that  it  became  unnecessary. 

INDI-VN   CAPTIVES   RESCUED 

December  31,  1862,  two  women  and  si.x  children,  who  had  been  captives 
among  the  Indians  since  August  22d,  taken  in  the  Minnesota  massacre,  reached 
Yankton.  The  persons  were  Mrs.  Julia  Wright,  Mrs  Laura  Duley ;  Mrs.  Wright 
was  accompanied  by  her  daughter,  aged  five  years,  and  Mrs.  Duley  by  her  daugh- 
ter, aged  nine  years ;  a  niece  of  Mr.  Duley,  aged  five  years,  and  Rosana  and  Ella 
Creland,  aged  nine  and  seven  years,  daughters  of  Thomas  Creland,  and  Lille 
Everett,  daughter  of  William  Everett.  Mr.  J.  M.  Duley,  formerly  of  Sioux 
Falls,  who  moved  to  Lake  Shetak,  Minn.,  was  killed  by  Little  Crow's  bands  and 
these  women  and  children  made  captive.  Mrs.  Wright  was  the  wife  of  John  A. 
Wright.  The  women  had  been  forced  to  walk  from  the  place  where  captured  to 
the  Missouri  River  and  the  children  much  of  the  way.  They  were  first  taken  in 
the  direction  of  Devils  Lake,  and  then  to  the  Missouri  River  near  Standing 
Rock,  where  they  were  released  through  the  influence  of  Major  Galpin  and  his 
good  wife,  the  mother  of  Charles  F.  Picotte.  The  major  sent  twenty  horses  and 
a  supply  of  provisions  for  this  purpose,  a  horse  and  provisions  being  given  for 
each  captive.  Another  story  of  the  rescue  of  this  party  is  that  Four-Bears  of 
the  Two-Kettle  band  of  Sioux  followed  the  Indians  for  a  long  distance  and 
finally  secured  their  release  for  eight  horses,  and  that  it  was  he  who  turned  them 
over  to  Maj.  John  Pattee,  who  sent  them  to  Yankton.  Pattee  was  in  command 
of  an  expedition  in  search  of  captives.  A  large  number  of  captives  had  been 
recovered  at  Cani]i  Release  after  the  battle  at  Wood  Lake,  mentioned  in  Chap- 
ter XIII. 


286  HISTORY  OF  NORTH  DAKOTA 

THE  SIBLEY   EXPEDITION   OF   1863 

After  the  massacre  of  1862,  Little  Crow  and  such  warriors  as  cared  to  share 
his  fortunes  or  feared  to  remain,  went  to  Canada  or  sought  refuge  on  the  plains 
of, Dakota.     Little  Crow  subsequently  returned  and  was  killed. 

Gen.  Henry  H.  Sibley,  moving  from  Fort  Ridgeley,  Minn.,  in  1863,  was  sent 
to  pursue  the  hostiles  and  further  punish  them  for  their  depredations.  Gen. 
Alfred  Sully  was  ordered  to  move  up  the  Missouri  River  in  co-operation  with 
him.  Sibley's  force  numbered  4,000  men,  consisting  of  the  Sixth,  Seventh  and 
Tenth  Minnesota  Infantry,  Third  Minnesota  Battery  and  a  regiment  of  mounted 
rangers,  enlisted  for  the  purpose. 

The  expedition  crossed  the  Red  River  at  Fort  Abercrombie,  and  followed 
the  Sheyenne  through  what  is  now  Cass,  Barnes  and  Ransom  counties  on  the 
way  toward  Devils  Lake.  The  worst  drought  ever  recorded  in  the  history  of 
Dakota  prevailed  at  that  time.  Springs,  lakes  and  streams  usually  affording  an 
abundance  of  water,  were  dry.  The  earth  was  parched  and  the  atmosphere 
almost  like  the  blast  from  a  furnace.  Two  hundred  and  fifty  wagons  carried 
his  supplies. 

THE    B.XTTLES   OF    BIG    MOUND,    BUFF.XLO    L.AKE    AND    STONY    L.KKE 

Proceeding  southwesterly  from  Devils  Lake,  General  Sibley  encountered  the 
Indians  at  Big  Mound  July  24,  1863,  and  twelve  miles  farther  west  at  Dead 
Buffalo  Lake,  about  thirty  iniles  east  of  the  Missouri  River.  The  Indians  pro- 
fessing a  desire  for  peace,  sought  a  council  with  the  troops  and  during  the 
conference  Surgeon  Josiah  S.  Weiser,  of  the  mounted  rangers,  approached  the 
council,  and  was  immediately  killed  by  one  of  the  Indians,  supposing  him  to  be 
the  commanding  officer.  General  Sibley  had  previously  been  warned  of  the 
purpose  of  such  a  conference,  the  Indians  intending  to  massacre  the  officers  and 
then  attack  and  destroy  the  troops.  The  conference  was  had  without  his  knowl- 
edge. The  Indians  were  in  great  numbers  and  General  Sibley's  command  was 
divided,  1,400  infantry  and  500  cavalry  being  with  him  some  distance  in  advance. 
Immediately  following  the  death  of  Doctor  Weiser,  Col.  Samuel  McPhail  at- 
tacked the  Indians  with  two  companies  of  his  regiment  supported  by  Lieut.  CoL 
William  R.  Marshall,  Maj.  George  Bradley  and  Capt.  Alonzo  J.  Edgerton 
and  artillery  commanded  by  Lieut.  John  C.  Whipple,  and  also  by  the  com- 
mand of  Col.  William  Crook  and  Col.  John  T.  Averill,  and  the  battle  of 
Big  Mound  was  on.  Col.  Robert  McLaren  remained  in  command  of  the 
camp.  The  Indians  occupying  the  hills  and  ravines  were  dislodged  and  put 
to  rout,  leaving  large  quantities  of  supplies  and  camp  equipage,  which  Colonel 
McLaren  was  detailed  to  destroy.  General  Sibley  joining  the  command,  they 
pursued  the  Indians  to  Dead  Buffalo  Lake,  where  a  still  stronger  force  was 
encountered  on  the  26th,  when  another  sharp  engagement  was  had  with  con- 
siderable loss  to  the  Indians,  and  they  again  f^ed  toward  the  Missouri.  Here 
the  command  remained  a  day,  recovering  from  the  severe  marching  and  fighting 
in  the  Big  Mound  battle,  and  for  the  purpose  of  destroying  the  large  amount  of 
property  hidden  in  the  reeds  and  about  the  lake,  and  thrown  away  by  the 
Indians  in  their  flight. 


HISTORY  OF  NORTH  DAKOTA  287 

The  number  of  Indians  here  engaged  appeared  to  have  been  largely  increased, 
and  as  the  soldiers  followed  their  trail  toward  the  Missouri  River  they  found 
and  destroyed  much  property. 

THE    BATTLE    OF   STONY    LAKE 

On  July  28th  General  Sibley  again  engaged  the  Indians  at  Stony  Lake,  their 
force  having  been  largely  increased  by  parties  returning  from  the  hunt. 

General  Sibley  speaks  of  the  force  he  met  here  as  being  a  greater  number 
of  Indians  than  ever  encountered  in  any  previous  conflict  on  the  American  Con- 
tinent. So  great  were  their  numbers  that  they  formed  two-thirds  of  a  circle 
around  his  lines  five  or  six  miles  in  extent,  seeking  some  weak  point  for  attack, 
rushing  back  and  forth  endeavoring  to  keep  out  of  range  of  the  unerring  frontier 
riflemen  who  emptied  many  saddles,  and  wary  of  the  artillery  which  had  pre- 
viousy  wrought  much  havoc  with  spherical  case  shell.  The  firing  was  rapid  and 
incessant  on  both  sides.  Artillery  and  long-range  rifles  were  a  new  element  of 
warfare  to  them,  and  becoming  discouraged  they  again  fled  with  the  troops  in 
hot  pursuit. 

At  Big  Mound  the  number  engaged  was  estimated  at  1,500  to  2,000;  at 
BufTalo  Lake  at  2,000,  and  of  the  10,000  on  the  war  path  2,000  to  2,500  were 
estimated  by  General  Sibley  to  be  then  in  his  immediate  front. 

General  Sibley  pursued  them  on  the  29th  and  that  night  camped  on  the  banks 
of  Apple  Creek,  a  few  mounted  Indians  being  then  in  sight.  On  the  30th  Colonel 
]McPhail  was  sent  forward  with  the  mounted  rangers  and  artillery  to  harass  and 
if  possible  interrupt  their  flight  across  the  Missouri  River,  Sibley  following  with 
the  remainder  of  the  column.  The  Indian  women  and  children  crossed  the 
Missouri  River  the  preceding  night ;  and  when  Sibley  arrived  at  the  mouth  of 
Apple  Creek  the  hills  west  of  the  Missouri  were  swarming  with  Indians.  The 
Indians  in  their  flight  had  cached  much  property  in  the  hills  of  Apple  Creek 
and  the  Missouri,  but  had  left  much  in  the  willows  and  timber. 

General  Sibley  made  his  camp  opposite  what  was  then  known  as  Burned  Boat 
Island,  from  the  incident  of  the  Assinaboine  being  destroyed  by  fire  on  its  way 
down  the  river  with  Maximilian's  party  in  the  spring  of  1834,  but  now  called 
Sibley  Island.  It  was  later  granted  to  the  City  of  Bismarck  for  park  purposes 
by  an  act  of  Congress,  but  finally  restored  to  the  public  domain.  Here  General 
Sibley  remained  two  days,  sending  up  rockets  at  night  and  firing  cannon  occa- 
sionally by  day,  hoping  to  get  into  communication  with  General  Sully,  ordered  to 
meet  him  at  this  point. 

DEATH    OF    LIEUTENANT    BEAVER 

On  his  approach  to  the  Missouri  River,  Colonel  Crook  was  directed  to  clear 
the  woods  on  the  flat  north  of  Apple  Creek  of  Indians,  which  was  done.  Lieu- 
tenant Beaver,  a  young  English  gentleman  acting  as  aid-de-camp  on  General 
Sibley's  stafif,  was  sent  with  an  order  to  Colonel  Crook.  Taking  the  wrong  trail, 
he  was  pierced  by  Indian  arrows  at  a  point  about  five  miles  below  Bismarck. 
A  private  of  the  Sixth  Minnesota,  Nicholas  Miller,  who  had  taken  the  same 
trail,  was  also  shot  to  death  by  arrows.     On  the  next  day  Colonel  Crook's  com- 


288  HISTORY  OF  NORTH  DAKOTA' 

mand  destroyed  a  large  amount  of  propert}-  which  the  Indians  had  left  on  the 
east  side  of  the  river  in  their  flight,  including  150  wagons  and  carts. 

BATTLE   OF   THE    MACKINAW 

Immediately  after  General  Sibley  left  the  Missouri  on  August  3d,  the  Indians 
returned  and  secured  a  large  amount  of  property  cached  by  them  which  Colonel 
Crook  did  not  find ;  and  while  engaged  in  this  work  a  mackinaw  appeared  com- 
ing down  the  Missouri  River,  having  on  board  twenty-one  persons,  including 
several  women  and  children.  The  Indians  attacked  them,  killing  all  and  sinking 
the  boat.  The  occupants  of  the  boat,  however,  killed  ninety-one  Indians  and 
wounded  many  others  before  their  ammunition  failed.  This  is  the  story  told 
General  Sully  a  few  weeks  later  by  an  Indian  captive  and  confirmed  from  other 
sources.  General  Sully  found  the  wrecked  boat  on  arriving  at  the  Missouri  with 
his  expedition. 

THE  LOSSES  IN  BATTLE 

The  Indian  losses  in  these  several  battles  were  very  large,  the  troops  counting 
many  abandoned  on  the  field,  but  there  is  no  definite  information  as  to  the 
number.  In  the  Battle  of  Big  Mound  it  is  certain  the  losses  were  very  heavy, 
as  the  fighting  was  frequently  at  short  range,  but  in  the  other  engagements  the 
Indians  had  become  more  wary. 

General  Sibley's  losses  were  three  men  killed  and  four  wounded  in  battle  and 
one  John  Murphy  killed  by  lightning,  besides  Dr.  Josiah  S.  Weiser  (treacherously 
killed  at  the  peace  conference  preceding  the  battle  of  Big  Mound),  Lieutenant 
Beaver  and  Nicholas  Miller  at  Apple  Creek,  and  Lieutenant  Ambrose  Freeman  of 
Company  D,  Minnesota  Mounted  Rangers,  who  was  hunting  a  short  distance 
from  Sibley's  command  the  first  day  of  Sibley's  engagement  with  the  Indians, 
when  he  was  pierced  by  Indian  arrows  and  buried  on  the  field  with  appropriate 
honors.  His  body  and  that  of  Doctor  Weiser  were  later  recovered  through  the 
efiforts  of  Hon.  Joel  Weiser,  of  \'alley  City,  a  brother  of  Doctor  Weiser. 

The  body  of  Lieutenant  Beaver  was  recovered  and  buried  with  Masonic 
honors  in  a  grave  resembling  a  rifle  pit.  a  lodge  being  opened  for  that  purpose, 
of  which  Capt.  J.  C.  Braden  was  master.  Ten  years  later  Captain  Braden,  then 
grand  master  of  the  Minnesota  Jurisdiction,  and  Grand  Secretary  A.  T.  C.  Pierson, 
came  to  Bismardv  to  constitute  the  Masonic  Lodge,  and  told  the  story  of  Lieu- 
tenant Beaver's  death  and  burial.  They  went  to  the  place  next  day  and  exhumed 
the  body  and  removed  it  to  St.  Paul,  where  it  was  buried  and  the  grave  cared 
for  at  the  expense  of  General  Sibley. 

Lieut.  Fred  J.  Holt  Beaver  was  an  ordained  clergyman  of  the  English  Church. 
He  spent  two  years  in  New  York  and  came  to  General  Sibley  with  letters  from 
John  Jacob  Astor  and  Hamilton  Fish,  and  accompanied  General  Sibley  as  a 
volunteer  aid-de-camp.  On  Memorial  Day,  May  30th  each  year,  his  grave  is 
appropriately  decorated  by  the  soldiers  of  the  Grand  Army  of  the  Republic. 

Private  Nicholas  Miller  was  killed  near  where  Lieutenant  Beaver  was  shot. 
Private  John  Murphy  was  killed  by  lightning,  and  Private  John  Piatt  was  mor- 
tally wounded  by  an  Indian  whom  he  had  previously  wounded.  Private  Joe 
Campbell  killed  the  Indian. 


HISTORY  OF  NORTH  DAKOTA  289 

•  A  son  of  Little  Crow  was  found  on  the  prairie  exhausted,  and  taken  prisoner 
by  General  Sibley  on  his  return  to  Fort  Ridgeley,  followed  by  Indian  scouts  until 
he  crossed  the  James  River  going  east. 

Among  the  officers  who  took  a  prominent  part  in  this  campaign  were  Capt. 
Alonzo  J.  Edgerton,  afterward  chief  justice  of  Dakota  Territory;  Capt.  Eugene 
M.  Wilson  and  Col.  John  T.  Averill,  afterward  members  of  Congress  from 
Minnesota;  Col.  James  H.  Baker,  commissioner  of  pensions;  Col.  William  R. 
Marshall,  governor  of  Minnesota,  and  Col.  Samuel  P.  Jennison,  secretary  of 
state;  Capt.  Oscar  Taylor,  John  Jones,  Jonathan  Chase,  Peter  B.  Davy,  later 
a  North  Dakota  farmer,  and  Capt.  Abraham  L.  Van  Osdel,  prominent  in  Dakota 
history.     Charles  Bottineau  accompanied  Sibley  as  a  guide. 

GENERAL   SULLY's   EXPEDITION    OF    1863 

In  connection  with  General  Sibley's  expedition  another  was  sent  from  Sioux 
City,  under  the  command  of  Gen.  Alfred  H.  Sully.  It  consisted  of  the  Sixth  Iowa 
Cavalry,  under  command  of  Col.  David  S.  Wilson;  the  Second  Nebraska  Cav- 
alry, Col.  Robert  W.  Furnas ;  one  company  of  the  Seventh  Iowa  Cavalry  under 
Captain  Willard ;  three  companies  of  the  Forty-fifth  Iowa  Infantry  and  an 
eight-gun  battery.  The  expedition  was  accompanied  by  seventy-five  army  wagons 
and  seventy-five  civil  employes.  They  left  Yankton  June  26,  1863.  They  went 
•  by  steamboat  to  Swan  Lake,  leaving  that  point  August  21,  reaching  Long  Lake 
on  the  28th,  where  a  lame  Indian  was  found  who  told  General  Sully  of  Sibley's 
battle  and  that  the  Indians  lost  fifty-eight  killed;  that  soon  after  Sibley  left 
Apple  Creek,  the  Indians  attacked  a  mackinaw  boat,  mentioned  elsewhere.  On 
the  29th  General  Sully  sent  two  companies  of  the  Sixth  Iowa,  under  the  com- 
mand of  Capt.  D.  W.  C.  Cram,  to  the  mouth  of  Apple  Creek,  where  they  found 
General  Sibley's  fortified  camp,  and  reported  that  they  saw  the  mackinaw  boat 
mentioned  by  the  lame  Indian. 

September  3d  they  found  the  remains  of  many  buffalo  recently  killed  and 
numerous  Indian  trails  all  leading  toward  their  favorite  resort.  That  day  scouts 
located  four  hundred  to  six  hundred  lodges  of  Indians  in  a  ravine,  the  warriors 
numbering  at  least  one  thousand  two  hundred. 

Some  two  hundred  Indians  surrounded  and  captured  General  Sully's  guide, 
Frank  La  Frambois.  They  were  Indians  who  had  fought  in  the  Minnesota 
massacre,  and  in  the  battles  with  General  Sibley,  and  in  the  attack  on  the  mack- 
inaw ;  and  they  told  La  Frambois  that  they  did  not  see  why  the  soldiers  should 
come  out  to  fight  them  unless  they  were  tired  of  living  and  wanted  to  die.  La 
Frambois  escaping,  ran  his  horse  ten  miles  to  give  his  commander  the  informa- 
tion he  had  gained  as  to  the  identity,  strength  and  purpose  of  the  Indians, 
consisting  of  Santees,  Cutheads,  Yanktonais,  Uncapapas  and  Blackfeet.  General 
Sully  immediately  galloped  a  force  to  the  attack  under  Col.  Robert  W.  Furnas, 
and  the  result  was  the 

BATTLE  OF  WHITE  STONE  HILLS 

The  battlefield  is  in  Dickey  County,  North  Dakota,  about  fifteen  miles  west 
of  Monango.     Congress  granted  the  State  of  North  Dakota  a  section  of  land 


290  HISTORY  OF  NORTH  DAKOTA 

for  park  purposes,  on  which  the  beautiful  monument  shown  in  ilhistration  here- 
with is  situated. 

The  battle  occurred  September  3,  1863,  the  forces  engaged  being  the  Second 
Nebraska  Cavalry,  commanded  by  Col.  Robert  W.  Furnas,  from  whom  these 
facts  were  obtained  through  Capt.  James  A.  Emmons ;  the  Sixth  Iowa  Cavalry, 
commanded  by  Col.  D.  S.  Wilson ;  and  one  company  of  the  Seventh  Iowa  Cavalry, 
commanded  by  Captain  Willard,  in 'all  about  one  thousand  two  hundred  men. 
The  aids  to  General  Sully  were  Capt.  J.  H.  Pell,  Captain  King  and  Lieutenant 
Levering  of  the  First  Minnesota.  The  number  of  Indians  was  estimated 
at  one  thousand  two  hundred  warriors,  the  whole  number  not  less  than 
three  thousand.  Maj.  E.  A.  House  in  command  of  300  men  of  the  Sixth 
Iowa  had  located  the  Indians,  and  his  scout  had  reported  to  General  Sully, 
who  hurried  Colonel  Furnas  to  his  assistance.  The  latter  encountered  them  in 
the  evening,  and  attacked  at  once  from  the  direction  opposite  the  approaching 
troops  under  Colonel  Wilson;  while  Maj.  Edward  P.  Tenbroeck,  with  two  com- 
panies of  the  Sixth  Iowa,  charged  through  the  center  of  the  camp.  General 
Sully,  in  personal  command  of  one  company  of  the  Seventh  Iowa  and  the  bat- 
tery, hurried  to  the  fight.  The  battle  became  a  hand  to  hand  affair  and  on 
the  arrival  of  Colonel  W'ilson  the  Indians  fled,  leaving  their  dead  and  wounded 
on  the  field.  The  dead  numbered  about  two  hundred  and  the  wounded  about 
the  same.  One  hundred  and  fifty-eight  were  captured,  including  Big  Head  and 
thirty  warriors,  who  surrendered  to  General  Sully.  General  Sully's  loss  was 
25  killed  and  38  wounded.  Lieut.  Thomas  J.  Leavitt,  Sixth  Iowa,  was 
mortally  wounded.  The  Sixth  Iowa  lost  11  killed  and  21  wounded;  the  Second 
Nebraska  6  killed  and  13  wounded. 

After  the  battle  the  troops  pursued  the  Indians  in  every  direction  and  killed 
and  wounded  many.  General  Sully  caused  fires  to  be  built,  while  buglers 
sounded  the  rally  to  bring  back  the  pursuing  forces;  scouting  parties  the  next 
day  found  the  dead  and  wounded  in  all  directions,  and  ponies  and  dogs  attached 
to  travois  loaded  with  buffalo  meat  and  other  supplies,  ttirned  loose  on  the 
prairies  by  the  Indians.  General  Sully  estimated  that  they  burned  from  forty 
thousand  to  fifty  thousand  pounds  of  dried  buffalo  meat,  as  one  item  of -the 
destruction  that  followed  the  battle.  They  also  destroyed  300  deserted  lodges  and 
other  property  of  great  value  to  the  Indians.  It  was  their  winter  supply  of  meat 
and  represented  more  than  one  thousand  slaughtered  buffalo.  Capt.  R.  B.  l\Iason, 
wagon  master,  said  the  fat  ran  in  streams  from  the  burning  mass  of  meat. 
They  found  in  the  camp  or  on  the  dead,  loot  from  the  Minnesota  massacre,  and 
from  General  Sibley's  supply  trains,  and  from  those  murdered  in  the  mackinaw 
at  .Apple  Creek.  The  expedition  returned  overland  to  Fort  Pierre  and  down 
the  river  to  Yankton. 

sully's  expedition  of  1864 

General  Sully  had  been  selected  to  command  an  expedition  in  1864  to  further 
continue  the  punishment  of  the  Indians  who  had  been  engaged  in  the  Minnesota 
massacre  of  1862,  begun  by  General  Sibley  that  year  and  continued  by  him  and 
General  Sully  in  1863.  The  Indians  were  concentrated  west  of  the  Missouri 
River,  harassing  the   frontier  settlers  by  raids  in  Dakota,   Minnesota   and   Ne- 


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HISTORY  OF  NORTH  DAKOTA  291 

braska,  and  attacking  the  transportation  on  the  Missouri  River,  and  the  im- 
migrant parties  passing  over  territory  they  regarded  as  their  own.  They 
embraced  remnants  of  Little  Crow's  bands,  Uncapapas,  Yanktonnais,  Blackfeet, 
Minneconjous  and  parts  of  other  tribes. 

General  Sully's  headquarters  were  at  Sioux  City.  He  had  selected  Com- 
panies A  and  B,  Dakota  Cavalry,  as  his  body  guard,  assigning  other  troops 
concentrated  at  Yankton,  for  the  protection  of  the  Dakota  settlements.  The  ren- 
dezvous of  his  command  was  at  old  Fort  Sully  near  Fort  Pierre.  It  consisted  of 
the  two  companies  of  Dakota  Cavalry,  Pope's  Battery,  the  Sixth  Iowa  Cavalry, 
Brackett's  Battalion  of  Minnesota  Cavalry,  three  companies  of  the  Seventh 
Iowa  Cavalry  and  one  company  of  Nebraska  Cavalry.  They  were  joined  by  the 
Minnesota  contingent  under  the  command  of  Colonel  Thomas,  at  Swan  Lake; 
this  contingent  consisting  of  the  Eighth  Minnesota  Mounted  Infantry,  six  com- 
panies of  the  Second  Minnesota  Cavalry  and  the  Third  Minnesota  Battery. 

The  expedition  left  Fort  Sully  June  24th,  and  reached  the  Missouri  River 
July  3d,  and  established  Fort  Rice,  on  the  west  bank,  a  few  miles  above  the 
mouth  of  the  Cannon  Ball  River.  This  fort  was  built  by  Col.  Daniel  J.  Dill 
with  four  companies  of  the  Thirtieth  Wisconsin  which  came  by  steamer,  aided 
by  two  companies  of  cavalry  detailed  for  the  purpose,  and  it  became  the  supply 
point  for  General  Sully's  expedition  and  for  many  succeeding  expeditions. 

On  the  way  they  encountered  some  Indians  at  the  mouth  of  the  Little  Shey- 
enne  River,  when  Captain  Fielding  of  the  topographical  engineers  was  shot 
from  ambush  and  mortally  wounded,  and  one  of  the  soldiers  with  him  was 
shot.  The  three  Indians  responsible  were  pursued  by  Capt.  Nelson  Miner,  of 
the  Dakota  Cavalry,  and  literally  riddled  with  bullets  and  their  heads  brought 
into  camp. 

General  Sully  had  had  twenty  years'  experience  in  the  Seminole,  Mexican 
and  border  wars,  and  several  of  his  officers  had  participated  in  the  campaign  the 
previous  year. 

July  i8th  he  left  Fort  Rice,  reaching  Heart  River  in  the  vicinity  of  Dickin- 
son, when  he  corralled  and  left  an  immigrant  train  which  he  had  relieved  from 
the  Indians'  attack,  and  some  of  his  heavier  supplies,  guarded  by  a  part  of  his 
force,  and  proceeded  to  the  Knife  River  where  his  scouts  reported  a  large  force 
of  Indians  whom  he  attacked. 

BATTLE    OF    KILLDEER    MOUNTAIN 

At  Killdeer  Mountain  on  the  28th  General  Sully  encountered  a  force  esti- 
mated by  him  at  1,600  lodges,  representing  5,000  to  6,000  warriors.  The  Indians 
were  expecting  him  and  were  ready  for  the  fray.  They  were  so  well  posted 
and  so  great  was  their  confidence  that  they  did  not  take  down  their  lodges,  but 
commenced  their  tactics  of  circling  around  his  command,  each  time  drawing 
nearer,  until  they  had  come  within  200  yards.  Then  fire  was  opened  on  them 
and  many  saddles  emptied,  when  they  drew  off  to  a  greater  distance  pursued 
toward  their  camp  by  the  cavalry.  Now  thoroughly  alarmed,  they  were  trying  to 
save  their  women  and  children.    The  troops  opened  on  them  with  artillery. 

The  attack  was  made  with  eleven  companies  of  the  Sixth  Iowa  Cavalry,  three 
companies  of  the  Seventh  Iowa,  two  companies  of  Dakota  Cavalry,  four  com- 


292  HISTORY  OF  NORTH  DAKOTA 

panics  of  Brackett's  Minnesota  Battalion,  Jones's  Battery,  Pope's  Battery,  ten 
companies  of  the  Eighth  Minnesota  Mounted  Infantry,  six  companies  of  the 
Second  Minnesota  Cavalry,  two  sections  of  the  Third  Minnesota  Battery  and 
seventy  scouts,  the  whole  force  numbering  2,200. 

The  attack  was  made  in  front,  the  Indians  attempting  to  flank  Sully  on  the 
left  and  then  on  the  right  and  rear,  the  battle  line  extending  in  a  circle  of  about 
three  miles.  They  attempted  counter  attacks,  but  were  repulsed  at  every  point. 
Major  Brackett  made  a  furious  attack,  which  they  countered,  in  which  many 
Indians  were  killed,  their  attack  being  repelled  by  the  aid  of  Jones's  battery. 
They  made  a  heavy  attack  in  the  rear  by  a  newly-arrived  force,  which  was 
also  dispersed  by  the  same  guns. 

Sully  closed  upon  their  main  camp  and  put  them  to  flight,  the  artillery  driving 
them  out  of  their  strong  position  in  the  ravines  and  on  the  hills,  the  cavalry 
pursuing.  The  battle  lasted  all  day,  but  by  sunset  there  were  no  Indians  in  sight 
and  the  troops  slept  on  the  battlefield. 

Colonel  McLaren  was  detailed  next  day  to  destroy  the  large  amount  of  prop- 
erty the  Indians  had  left  in  their  flight,  gathering  into  heaps  and  burning  at  least 
forty  tons  of  dried  bufifalo  meat  packed  in  buffalo  skins,  great  quantities  of  dried 
berries,  tanned  buffalo,  elk  and  antelope  hides,  household  utensils,  consisting  of 
brass  and  copper  kettles,  mess  pans,  etc.,  saddles  and  travois  and  lodge  poles, 
which  were  gathered  in  heaps  and  burned.  The  woods  were  fired  in  order  to 
make  the  destruction  complete. 

The  loss  of  the  Indians  was  very  large,  many  dead  being  left  on  the  field. 
Sully's  loss  was  five  killed  and  ten  wounded. 

Capt.  Nelson  Miner,  of  the  Dakota  Cavalry,  relates  that  being  hard  pressed 
at  one  point,  he  dismounted  and  in  the  fight  forgot  all  about  his  horse,  but  when 
the  battle  was  over  his  horse  was  by  his  side,  having  followed  him  wherever 
he  went. 

LOCATION  OF  THE   BATTLE  OF  BIG   MOUND 

From  an  article  in  The  Record  for  June,  1896,  by  Capt.  J.  W.  Bumham, 
who  was  a  sergeant  in  the  Sixth  Minnesota  and  present  at  the  Battle  of  Big 
Mound,  July  24,  1863,  the  following  extract  is  made.  Captain  Buniham  writes 
from  notes  written  at  the  time. 

'■July  24,  1863,  our  regiment  went  into  camp  on  the  shore  of  an  alkaline  lake 
to  the  right,  while  the  Indians  occupied  the  hills  and  valleys  to  the  left.  The 
general  had  every  soldier  to  his  place,  but  the  scouts  (half-breeds  or  friendly 
Indians)  went  out  and  parleyed  with  the  Indians.  Doctor  Weiser,  surgeon  of  the 
mounted  rangers,  joined  one  of  these  parties  and  commenced  talking  to  the 
Indians  in  their  own  language,  and  giving  them,  out  of  his  own  pockets,  tobacco 
and  hard  bread,  when  he  was  suddenly  shot  and  killed,  three  of  them  firing 
at  once  and  all  standing  close  to  him.  Directly  after  this  firing  was  heard  to 
the  rear,  not  explained  till  the  next  day,  when  it  was  learned  that  Lieutenant 
Treeman  of  the  rangers,  G.  A.  Brackett,  the  beef  contractor,  now  as  then  a 
well-known  citizen  of  Minneapolis,  and  two  Indians  scouts  were  hunting  ante- 
lope. The  Indians  cut  them  oft'  from  the  command  and  when  the  vollev  that 
killed  Weiser  was  heard  they  fired  and  mortally  wounded  Freeman.     The  party 


HISTORY  OF  NORTH  DAKOTA  293 

then  hid  in  the  tall  rushes  on  the  shore  of  a  little  lake  till  night  came,  when 
the  scouts  started  for  camp.  Soon  after  Freeman  died.  When  Brackett  tried 
to  reach  camp  he  became  lost  and  after  a  long  tramp  reached  the  track,  but  so 
far  back  that  he  kept  on  to  Camp  Atchison,  which  he  reached  in  four  days, 
nearly  dead  from  hunger  and  fatigue,  having  had  nothing  to  eat  except  raw 
frogs. 

"The  first  movement  against  the  Indians  was  by  the  battery,  which  threw 
shells  among  them,  killing  several.  When  they  fell  back  they  were  charged  by 
the  rangers,  followed  by  a  large  force  of  infantry.  The  rangers  followed 
them  for  sixteen  miles,  killing  many  and  losing  some  men  themselves.  In  a 
charge  made  over  a  rocky  ridge  in  plain  sight  of  camp,  the  lightning  struck, 
killing  one  man  and  horse  and  knocking  down  two  more.  Until  their  return 
they  supposed  a  shell  from  the  battery  had  fallen  short  and  struck  among  them. 

"This  battle  of  Big  Mound  was  a  striking  scene.  The  lonely  lake,  the  rocky 
hills,  the  naked,  yelling  Indians,  soon  discomfited  and  flying,  the  battery  of  four 
guns  all  doing  their  best,  the  charging  cavalry  with  sabers  drawn,  the  infantry 
following,  while  over  all  was  the  darkened  sky,  the  heavy  rolling  thunder  and 
the  incessant  lightning  with  but  little  rain.  It  was  a  view  to  be  remembered 
by  a  looker-on,  as  I  was  that  day. 

"July  26.  Reveille  at  2:30;  marched  at  4  a.  m.  Went  fourteen  miles,  find- 
ing Indian  property  all  the  way  and  scattering  Indians  in  sight.  They  made 
a  stand  on  the  shore  of  a  small  lake,  where  lay  the  body  of  a  buiTalo  so  long 
dead  that  we  did  not  need  sight  to  be  aware  of  its  presence.  We  called  the  fight 
here  the  Battle  of  Dead  Bufifalo  Lake. 

"They  made  a  stand  and  the  artillery  and  cavalry  drove  them  several  miles, 
the  infantr)'  mostly  going  into  camp.  Some  two  hours  later,  when  all  seemed 
peaceful  and  serene  around  camp,  though  we  could  hear  the  boom  of  the  cannon 
in  the  distance,  a  large  force  of  Indians  made  a  dash  to  cut  off  a  party  of 
foragers  out  cutting  the  coarse  grass  and  reeds  on  the  shore  of  the  lake.  This 
was  all  we  had  to  feed  our  mules,  as  the  immense  herds  of  buffalo  had  eaten 
all  the  good  grass. 

"This  attack  was  repulsed  by  a  company  of  rangers  who,  more  by  accident 
than  design,  seemed  to  be  on  the  right  spot  at  the  right  time.  Some  fifteen 
Indians  were  killed  here  and  in  the  main  battle.  The  men  cutting  grass  and 
the  teamsters  were  terribly  frightened.  Supposing  themselves  out  of  danger 
most  of  them  were  unarmed.    This  was  a  mistake  they  did  not  again  make. 

"About  this  battle  ground  lay  hundreds  of  dead  buffalo  more  or  less  stripped 
of  hides  and  meat,  for  we  had  come  upon  the  Indians  while  in  the  best  of  their 
hunt.  There  were  still  so  many  Indians  near  that  we  could  not  allow  our  ani- 
mals to  graze  except  on  one  end  of  a  rope  with  a  man  at  the  other  end,  and  the 
best  grazing  was  very  poor.  All  the  forage  obtainable  was  of  the  kind  that 
grew  upon  the  lake  shore. 

"July  27.  We  made  a  long  march  of  twenty-three  miles,  passing  over 
battle  ground  of  previous  days,  finding  large  quantities  of  Indian  property,  like 
axes,  hoes  and  trinkets,  besides  tons  of  meat  and  hides,  tent  poles  and  tents.  A 
captured  squaw  reports  large  reinforcements   to  the   Indians.     We  camped   at 


294  HISTORY  OF  NORTH  DAKOTA 

night  on  the  stony  shore  of  a  sweet  water  lake  near  which  we  fought  them 
next  day  and  called  the  Battle  of  Stony  Lake. 

"July  28.  Reveille  at  3 ;  started  at  5  A.  M.  The  Tenth  in  the  advance. 
When  the  command  was  in  motion,  and  our  regiment  about  half  a  mile  out,  pass- 
ing over  a  ridge,  a  great  force  of  mounted  Indians  dashed  upon  us.  At  once 
Whipple,  of  the  battery,  with  two  guns  opened  on  them  with  shells,  and  our 
regiment  was  deployed  right  and  left  from  the  head  of  the  column,  the  men 
about  far  enough  apart  to  touch  fingers  when  their  arms  were  extended.  The 
Indians  were  in  great  force,  variously  estimated  from  one  thousand  five  hun- 
dred to  three  thousand,  and  all  mounted.  They  came  close  up  to  the  line  and 
nearly  every  man,  as  he  put  on  his  bayonet  without  waiting  for  orders,  thought 
they  were  going  over  us.  I  thought  so  at  any  rate,  but  they  recoiled.  We 
got  one  or  two  shots  apiece  at  them,  when  they  went  around  us  and  attacked  the 
flanks,  where  another  regiment  repulsed  them.  They  fell  back  and  attacked 
the  rear,  where  another  regiment  and  Captain  Jones  and  two  guns  of  the  bat- 
tery again  beat  them  ofl:.  They  then  returned  to  the  front.  As  we  lay  in  the 
grass  in  the  still  morning  air  we  could  hear  the  sonorous  voices  of  their  leaders 
urging  another  charge.  But  they  came  not.  After  waiting  two  hours  for  them 
we  marched  on  all  day,  keeping  the  order  of  formation  to  resist  another  attack. 
We  found  one  Indian  asleep  and  captured  him  and  his  pony.  He  was  dressed 
in  fighting  costume  of  a  Dacotah  v\'arrior:  a  breech  cloth  and  a  pair  of  moccasins, 
with  a  buffalo  robe  along  for  a  bed.  He  said  he  was  a  Teton  and  belonged 
west  of  the  Missouri.     He  was  released  with  an  admonition. 

"It  is  said  we  killed  eleven  Indians  in  this  fight,  but  we  saw  no  bodies.  We 
killed  more  in  the  previous  battles.  Unlike  them  we  lost  no  man  this  day, 
nothing  but  one  horse,  and  he  was  so  weak  that  the  Indian  who  got  him  was 
overtaken  and  killed  before  night.    We  camped  this  night  on  Apple  Creek. 

"July  29.  Reveille  at  1 130 ;  marched  at  3  A.  M.  We  spent  about  three 
hours  crossing  the  creek.  The  wagons  were  pulled  through  by  men  with  ropes. 
We  went  about  three  miles,  when  the  Missouri  Valley  was  before  us,  just 
below  the  site  of  Bismarck,  the  river  about  eight  miles  ofif.  The  general  expected 
the  Indians  would  be  unable  to  cross,  but  we  could  see  them  in  crowds  on  the 
opposite  bltififs.  He  had  sent  ahead  the  cavalry  and  the  guns  and  we  soon  saw 
the  latter  rapidly  firing.  We  hurried  on,  fatigued  as  we  were,  under  a  broiling 
sun,  thinking  a  battle  was  going  on,  and  found  the  cavalry  had  been  repulsed 
from  the  thick  grave  by  Indians  shooting  arrows  and  the  artillery  was  shelling 
them  out.  They  saw  very  few  Indians  except  those  across  the  river  on  the 
blulTs.  They  were  flashing  their  mirrors  in  the  bright  sunlight  in  answer  to 
the  reflections  doubtless  visible  from  the  glittering  barrels  of  our  Springfield 
rifles. 

"We  were  marched  within  about  a  mile  of  the  timber  and  two  miles  from 
the  river,  where  we  lay  for  three  hours,  when  we  were  ordered  into  camp  on 
a  bench  near  the  creek  and  about  two  miles  from  its  mouth,  where  we  arrived 
about  5  P.  M.,  completely  exhausted  with  hunger,  thirst,  fatigue  and  lack  of 
sleep,  having  marched  about  twelve  miles  that  day. 

"Meanwhile  the  Sixth  Regiment  skirmished  the  woods,  but  saw  few  Indians. 
When  they  approached  the  river  they  found  hundreds  of  carts  and  wagons, 
and  tons  of  stufif  that  the  Indians  were  unable  to  take  across  the  river.     On 


HISTORY  OF  NORTH  DAKOTA  295 

the  bank  they  were  hailed  from  the  opposite  shore :  'We  do  not  want  to  fight 
the  whites !"  and  were  answered  by  a  scout  who  talked  with  them  for  some 
time,  but  when  the  men  approached  the  river  to  fill  their  canteens  hundreds 
of  shots  were  fired  at  them  from  the  tall  grass  opposite,  but  the  shots  mostly 
fell  short  and  did  no  injury.  Today  Lieutenant  Beever,  General  Sibley's  vol- 
unteer aid,  was  lost  in  some  way.  He  was  sent  by  the  general  with  an  order 
to  Colonel  Crooks,  commanding  the  skirmishers  in  the  woods.  He  delivered  his 
order  but  did  not  return.  A  private  of  the  Sixth  is  also  missing.  Our  mules 
and  horses  are  entirely  exhausted  and  men  nearly  as  far  gone.  Many  of  them 
are  dropping  out  of  the  ranks  to  be  picked  up  by  the  ambulances.  During 
the  last  few  days  a  very  common  sight  was  to  see  a  mounted  man  fall  behind. 
He  would  get  off  and  lead  the  horse  and  very  often  he  was  still  unable  to  keep 
up.  A  shot  would  then,  finish  the  horse,  the  saddle  and  bridle  would  go  to  the 
nearest  wagon  and  the  soldier  go  on  afoot.  At  this  camp  we  had  grass  and 
water,  but,  as  before,  our  animals  would  not  be  safe  beyond  the  end  of  a  rope. 

"July  30.  The  long  roll  beat  twice  in  the  night.  Indians  all  around  and 
shots  are  continually  being  exchanged.  We  could  hold  no  grotmd  beyond  the 
reach  of  our  gtms.  Rockets  were  sent  up  and  guns  fired  both  night  and  day 
to  signalize  Lieutenant  Beever.  With  all  our  care  the  Indians  ran  oft"  a  few 
mules. 

"A  detachment  of  700  men  were  sent  out  to  skirmish  through  the  woods 
again  and  find  the  missing  men  if  possible.  The  cannon  went  with  them,  and 
while  writing  this  in  camp  I  hear  the  guns  speaking  out  occasionally. 

"We  heard  bad  reports  during  the  day  from  the  river  bank,  and  the  general 
sent  down  reinforcements,  but  about  10  P.  M.  the  troops  all  came  in,  having 
suffered  no  loss.  They  killed  a  few  Indians  and  found  the  bodies  of  the  missing 
men.  Lieutenant  Beever  carried  three  revolvers  and  had  evidently  made  a 
vigorous  fight,  and  had  been  shot  with  three  arrows.  His  horse  had  been 
killed  with  a  bullet.  Like  most  of  the  army  he  wore  his  hair  short,  and  the 
Indians  had  cut  around  his  head  endeavoring  to  scalp  him,  but  were  unable  to 
pull  it  off,  so  they  scalped  the  long  whiskers  from  one  of  his  cheeks.  The 
soldier,  having  longer  hair,  was  scalped  in  the  usual  manner.  During  the  night 
under  a  strong  wind  the  Indians  set  the  grass  on  fire,  but  a  line  of  men  with 
wet  blankets  met  it  and  soon  put  it  out. 

"August  I.  Had  a  bad  time  of  it  last  night.  Indians  prowled  around 
camp  all  night.  Single  ones  were  fired  upon  many  times  by  the  gtiard.  About 
midnight  a  large  force  crawled  up  on  the  burnt  ground  and  fired  a  heavy  volley 
into  the  camp,  shooting  through  many  tents  and  killing  a  mule  and  stampeding 
the  herd  of  beef  cattle,  which  broke  away,  but  fortunately  were  stopped  and 
driven  back.  No  men  were  shot,  though  the  firing  was  kept  up  on  both  sides 
most  of  the  night.  In  the  reduced  state  of  men  and  horses,  especially  the  latter, 
all  we  could  do  at  this  time  was  to  repel  attack.  We  had  already  marched 
farther  than  our  supply  of  provisions  would  warrant,  and  this  day  we  marched 
twenty  miles  towards  home.  We  had  no  sooner  left  the  camp  than  the  Indians 
took  possession,  and  only  a  small  force  followed  us.  Our  camp  tonight  has 
plenty  of  good  grass  and  water." 


296  HISTORY  OF  NORTH  DAKOTA 

LOCATION   OF  THE  KILLDEER   MOUNTAIN   BATTLEFIELD 

The  curator  of  the  North  Dakota  Historical  Society  in  191 5  visited  the  Kill- 
deer  Mountain  Battlefield  in  Dunn  County  and  the  result  was  published  in  the 
Fargo  Forum  as  follows : 

"Bismarck,  N.  Dak.,  August  15. — For  work  accomplished  and  results  obtained 
the  trip  of  H.  C.  Fish  of  the  State  Historical  Society  and  S.  S.  Campbell  of 
Sentinel  Butte  was  one  of  the  most  successful  this  year.  They  were  both  pleased 
and  gratified  by  the  hearty  co-operation  they  received  from  so  many  in  Dickin- 
son and  in  Manning  and  at  Killdeers. 

"The  trip  was  unique,  for  after  forty-six  years  Mr.  Campbell  expected  to 
point  out  the  place  of  the  battle  between  Sully  and  the  Sioux  which  occurred 
July  28,  1864.  He  had  not  visited  the  old  scenes  since,  and  the  whole  light  was 
in  his  mind  as  he  saw  it  then.  But  what  helped  to  keep  the  scene  so  vivid  was  the 
constant  reading  of  his  old  diary  which  he  kept  in  1864  during  the  whole  of  the 
Sully  campaign.  Many  of  the  old  troopers  for  years  after  the  trying  march 
wrote  to  Mr.  Campbell  and  wanted  to  know  when  and  where  different  events 
occurred.  And,  too,  some  of  the  old  soldiers  wanting  a  pension  applied  to  Mr. 
Campbell  to  give  the  exact  place  where  they  were  hurt.  The  small  diary  with 
its  well  fingered  pages  has  kept  the  old  days  well  in  mind. 

"Tuesday  morning  of  last  week  the  two  gentlemen  left  for  Manning  on  the 
stage  and  they  were  met  at  the  county  seat  by  Superintendent  Melby,  who  was 
very  much  interested  in  getting  a  correct  idea  of  the  old  days,  and  taken  to  the 
Killdeers.  It  was  very  fortunate  that  Mr.  Melby  took  the  party  direct  to  the 
home  of  John  Ross,  who  lives  adjoining  the  Diamond  C  Ranch  in  the  east.  The 
father  of  Mrs.  Ross  was  in  the  same  campaign  and  Mr.  Ross  knew  the  family  of 
Mr.  Campbell  in  the  old  days  of  Minnesota.  All  the  courtesies  that  could  be 
desired  were  extended  to  Mr.  Fish  and  Mr.  Campbell  in  their  search  for  the  old 
routes. 

"On  Wednesday  morning  Mr.  Ross  took  the  party  up  over  the  hill  to  the 
Diamond  C  Ranch  buildings  and  Mr.  Campbell  at  once  recognized  the  lay  of  the 
land,  and  when  they  went  out  to  the  south  of  the  spring  and  the  house  he  said, 
'This  looks  just  like  the  old  Indian  camp.  If  it  is,  there  is  a  dry  coulee  just  over 
there  to  the  south.'    The  dry  coulee  was  found. 

"On  this  broad  open  space  south  of  the  old  spring  1,600  Indian  tepees  were 
arranged.  Mr.  Campbell  said  that  they  camped  the  first  night  after  the  battle 
just  west  of  the  Indian  camp.  The  thickest  of  the  battle  occurred  on  the  ranch 
of  John  Ross,  where  the  Indians  made  the  last  stand  before  their  camp  was  taken. 
The  camp  of  the  second  night  was  at  the  spring  on  the  old  Craig  Ranch,  some 
eight  miles  east  of  the  battle  grounds. 

"The  course  of  events  taken  from  Mr.  Campbell's  diary  is  interesting.  They 
started  from  Sioux  City  Tuesday,  May  31,  1864,  and  gradually  made  their  way 
up  the  Missouri  to  Fort  Rice  and  then  across  country  to  the  Indian  stamping 
grounds.  On  July  25  the  whole  army  of  Sully  corralled  their  extra  horses  and 
teams  some  place  fifteen  or  twenty  miles  south  of  Dickinson. 

"There  were  also  fifty  teams  of  the  emigrants  bound  for  Idaho  who  were 
going  along  under  the  protection  of  the  army.  This  enormous  corral  has  not  been 
located  and  it  is  the  wish  of  the  society  to  have  some  of  the  old  troopers  help  us 


HISTORY  OF  NORTH  DAKOTA  297 

find  the  place.  After  the  corral  was  established  the  troopers  took  nine  days' 
rations  for  a  rapid  march  into  the  Indian  country.  On  July  26th  the  army 
marched  one  mile  and  grazed  their  horses  till  2  o'clock.  Then  scouts  came  in  and 
reported  that  they  had  a  skirmish  with  the  Indians.  Mr.  Campbell's  battalion 
was  put  on  double  quick  for  nineteen  miles.  July  27th  the  army  marched  twenty 
miles  and  grazed  their  horses  and  then  marched  ten  miles  and  camped  on  Knife 
Creek.  At  this  place  there  were  many  petrified  stumps  and  trees.  The  day  of  the 
battle,  July  28th,  the  army  marched  twelve  miles  before  light  and  grazed  their 
horses  and  took  breakfast.  After  breakfast  they  went  four  miles  and  met  the 
main  body  of  the  Indians. 

LONG  LINE  OF  BATTLE 

"The  anny  formed  a  line  of  battle  and  for  nine  miles  there  was  a  running 
fight.  This  started  at  9  o'clock  in  the  morning  and  all  day  long  the  right  bat- 
talion fought  the  Indians  hand  to  hand.  ]\Iany  of  the  Indians  had  only  war  clubs 
and  bows  and  arrows  and  very  primitive  guns,  but  from  behind  every  rock  and 
group  of  trees  the  arrows  showered  upon  the  troopers.  At  one  time  a  very  large 
force  of  the  Indians  came  in  from  the  rear  and  attempted  to  capture  the  batter}"- 
of  twelve  cannon.  They  made  their  way  with  all  the  fiendish  glee  they  could 
muster,  but  they  did  not  reckon  on  the  gunners.  They  waited  until  the  Indians 
got  within  200  yards  of  the  batter\'  and  then  let  two  charges  go.  This  made  an 
awful  swath  in  their  ranks,  and  the  Indians  turned  like  a  pack  of  frightened 
sheep  before  the  onslaught  of  wolves  and  fled,  followed  by  a  terrific  saber  charge 
by  the  troopers.  This  stand  was  the  turning  point  in  the  battle.  From  this  time 
on  the  soldiers  had  the  Indians  on  the  run  for  the  hills  and  the  saber  was 
exchanged  for  the  revolver.  They  soon  had  the  Indians  over  the  hills  among 
the  brakes.  That  night  under  the  silent  skies  the  dead  were  buried  on  the  camp- 
ing grounds,  and  horses  were  picketed  over  the  grave  to  destroy  all  signs  of  the 
place. 

INDIANS    HID    IN     HILLS 

"The  next  morning,  on  Friday,  July  29th,  the  soldiers  tried  to  follow  the 
Indians,  but  they  could  not  do  it  with  success  because  of  the  brake  back  of  the 
hills.  The  army  turned  back  and  in  the  dr>'  coulee  south  of  the  Indian  camp  tons 
of  meat,  both  jerked  and  pemmican,  1,600  tents,  poles,  clothing,  blankets  were 
burned. 

"That  afternoon  the  army  marched  eight  miles  east  to  the  spring  at  the  old 
Craig  Ranch.  Just  as  the  dusk  was  creeping  over  the  army  600  Indians  drove 
fiercely  through  the  camp  and  tried  to  stampede  the  horses.  The  two  outer 
guards  were  killed,  but  other  than  this  not  a  shot  was  fired  or  a  person  hurt.  It 
created  a  great  deal  of  excitement  for  a  time,  but  the  night  brought  on  nothing  of 
importance.  This  night  was  vivid  in  the  memory  of  Mr.  Campbell.  He  well 
remembers  looking  towards  the  battle  grounds  many  times  and  seeing  the  constant 
light  of  the  torches  the  long  night  for  the  dead  and  wounded  or  for  some  things 
which  were  hidden  in  the  flight. 

"During  the  next  two  days  the  army  made  their  way  back  sixty-seven  miles  to 


298  HISTORY  OF  NORTH  DAKOTA 

the  corrals.  In  the  battle  at  the  Killdeers,  or,  as  the  Indians  call  it,  'Ta-ha-kouty,' 
or  the  'place  where  they  kill  the  deer,'  some  2,200  soldiers  were  actively  engaged 
against  5,000  or  6,000  Indians.  Sully  reported  some  150  of  the  Indians  killed 
and  5  soldiers  killed. 

"From  this  battle  ground  up  to  Yellowstone  and  back  to  Fort  Rice  the  Indians 
kept  at  their  heels  and  the  army  had  to  be  on  their  guard  constantly." 

BATTLE  OF  THE  LITTLE   MISSOURI,   OR   "WHERE  THE    HILLS   LOOK  AT   EACH    OTHEr" 

Returning  to  his  camp  on  the  Heart  River  in  order  to  reach  a  pass  through 
the  Bad  Lands,  known  to  one  of  his  Yankton  Indian  guides.  General  Sully  on 
August  5th  camped  at  what  is  now  Medora,  "where  the  hills  look  at  each  other." 
In  order  to  pass  through  the  Bad  Lands,  it  became  necessary  to  cut  into  the  hill 
sides  at  many  points.  The  Indians  attacked  the  camp  from  the  hills  that  evening, 
and  at  one  point  cut  off  some  of  the  horses,  which,  however,  were  recaptured; 
and  next  day,  on  several  occasions,  they  attacked  the  working  parties.  The 
immigrant  train,  having  women  and  children  moved  by  oxen,  impeded  the  march 
and  lengthened  the  column  to  three  or  four  miles,  making  it  necessary  to  double 
up  the  line  for  protection,  and  yet  at  many  points  in  the  Bad  Lands  they  could 
only  pass  in  single  file.  The  danger  to  the  immigrants  added  to  the  difficulties 
of  the  situation,  and  to  the  anxieties  of  the  general.  On  the  6th  every  butte 
(hill)  was  covered  with  Indians,  some  of  the  hills  were  300  feet  in  height, 
others  sharp-pointed,  almost  touched,  as  well  as  looked  at  each  other ;  some  were 
low,  others  mere  banks  of  clay  or  scoria,  as  good  as  those  built  for  defense; 
others  resembled  chimneys  or  other  ruins  of  a  burned  city,  for  they  had  been 
formed  by  burning  coal  mines  and  the  erosion  which  followed.  It  was  necessary 
to  climb  up  steep  hillsides,  plunge  down  into  deep  gulHes,  pass  through  wooded 
ravines,  crawl  along  narrow  gorges,  sometimes  in  the  beds  of  dry  streams,  and 
without  water  that  hot  day  in  August  until  late  in  the  afternoon,  when  they 
reached  a  small  lake  and  springs,  where  the  Indians  had  concentrated  in  an 
€fifort  to  keep  them  from  water.  There  was  fighting  almost  every  step  of  the 
way,  but  the  Indians,  wary  from  the  battle  of  July  28th,  had  little  heart  for 
close-range  fighting.  At  the  lake  and  springs  the  encounter  was  sharp,  but  the 
Indians  again  fled,  having  lost  very  heavily  in  the  ten-mile  battle  in  these  Bad 
Lands  of  the  Little  Missouri. 

As  Sully  movetl  forward  the  next  morning  he  encountered  about  one  thousand 
Indians.  The  skirmishes  were  frequent,  but  when  they  reached  the  open  country 
they  saw  a  cloud  of  dust  made  by  fleeing  Indians  about  six  miles  away ;  and 
that  was  the  last  seen  of  them  for  several  days. 

General  Sully  estimated  the  Indian  losses  in  the  battle  of  the  Little  Missouri 
at  not  less  than  one  hundred  killed ;  some  of  the  officers  of  his  command  esti- 
mated the  number  as  high  as  three  hundred. 

General  Sully  continued  on  to  the  Yellowstone,  where  he  arrived  August 
I2th,  meeting  the  steamers  "Chippewa  Falls"  and  "Alone"  with  supplies.  The 
steamer  "Island  City,"  loaded  with  supplies,  struck  a  snag  and  was  sunk  near 
Fort  Union.  The  boats  had  gone  up  the  Yellowstone  as  far  as  Brazzeau's  post, 
where  Sully  crossed  over  by  fording,  intending  to  go  northeast  in  the  hope  of 
again  striking  the  Indians.     The  country  at  the  Little  Missouri  was  covered  by 


HISTORY  OF  NORTH  DAKOTA  299 

■myriads  of  grasshoppers,  which  had  entirely  destroyed  the  grass ;  and  on  reaching 
the  Missouri  and  Yellowstone  he  found  the  waters  rapidly  falling;  so  he  changed 
his  plans  and  returned  down  the  Yellowstone  to  Fort  Union,  where  he  arrived 
on  August  i8th,  and  selected  the  site  for  a  military  post,  resulting  later  in  the 
■establishment  of  Fort  Buford.  Sully  then  continued  down  the  Missouri  River 
to  Fort  Rice;  first  establishing  Fort  Stevenson,  where  he  left  a  company  of 
the  Sixth  Iowa  Cavalry  under  Captain  Mooreland,  and  another  at  Fort  Berthold 
for  the  protection  of  the  Gros- Ventres,  Arikaras  and  Mandans,  who  had  been 
friendly  to  the  whites  during  the  prevailing  Indian  troubles.  He  also  left  one 
•company  at  Fort  Sully;  some  of  the  command  returned  to  Yankton  and  Sioux 
City,  and  some  marched  overland  to  Fort  Wadsworth,  which  had  been  built  that 
summer  under  General  Sibley's  jurisdiction  for  the  protection  of  the  friendly 
Sissetons,  who  had  done  such  excellent  service  during  and  following  the  Min- 
nesota massacre.  The  garrison  at  Fort  Wadsworth  July  31,  1864,  when  visited 
by  Captain  Fisk's  expedition,  was  in  command  of  Maj.  John  Clowney.  It  con- 
sisted of  three  companies  of  the  30th  Wisconsin,  viz:  Company  B,  Captain 
Burton ;  Company  E,  Captain  Devling ;  Company  K,  Captain  Klaats,  and  Com- 
pany M,  Second  Minnesota  Cavalry,  Captain  Hanley ;  Third  Section  Third  Min- 
nesota Battery,  Battery  Capt.  H.  W.  Western.  Capt.  J.  E.  McKusick  was 
quartermaster  of  the  post.  Maj.  Mark  Downie  and  Thomas  Priestly  were  then 
there.  George  A,  Brackett,  with  a  train  of  150  wagons,  was  camped  near  the 
post. 

fisk's  expedition 

When  General  Sully  reached  Fort  Rice  he  was  advised  that  a  party  of 
immigrants  known  as  the  Fisk  Montana  and  Idaho  Expedition,  consisting  of 
88  wagons  and  200  men,  women  and  children,  escorted  by  47  soldiers,  detailed  for 
the  purpose  at  Fort  Rice,  which  left  that  point  for  Montana  and  Idaho  August 
23d,  had  been  attacked  by  Indians  near  the  Bad  Lands  and  twelve  of  the  party 
killed  and  several  wounded ;  that  they  were  fortified  and  had  sent  in  an  officer 
and  thirteen  men  who  had  left  the  camp  after  the  third  day's  battle  to  procure 
assistance. 

General  Sully  immediately  sent  a  force  to  their  relief  under  Colonel  Dill, 
consisting  of  300  of  the  Thirtieth  Wisconsin,  200  of  the  Eighth  Minnesota  and 
100  of  the  Seventh  Iowa.  They  left  Fort  Rice  September  i8th  and  returned 
with  the  immigrant  train  September  30th.  Colonel  Dill  lost  one  man  on  the 
trip,  his  fate  not  being  known. 

THE  BATTLE  OF  RED  BUTTES 

Captain  Fisk's  party  left  Fort  Rice  August  23,  1864.  The  battle  of  Red  Buttes, 
as  the  attack  on  Capt.  James  L.  Fisk's  expedition  was  called,  occurred  September 
2,  1864. 

When  160  miles  west  of  Fort  Rice  and  22  miles  east  of  the  Bad  Lands  near 
Dickinson,  one  of  the  wagons  met  with  an  accident.  Two  men  and  one  wagon 
were  left  to  assist  the  man  with  the  overturned  wagon ;  also  a  guard  of  nine 
soldiers.     Another   man   of   the    immigrant   party   had   returned    to   the   dinner 


300  HISTORY  OF  NORTH  DAKOTA 

camp  to  recover  a  lost  revolver.  Of  this  party  eight  were  killed  and  four 
afterward  died  of  wounds.  One  escaped  through  being  sent  to  warn  the  train, 
which  corralled,  and  a  party  was  sent  to  their  defense.  The  fight  continued 
until  sunset.  One  of  the  defenders,  Jefferson  Dilts,  being  more  reckless  than 
the  rest,  and  who  was  mortally  wounded,  was  credited  with  having  killed  eleven 
Indians,  and  many  others  were  known  to  have  been  killed. 

The  immigrants  lost  in  this  affair  one  wagon  loaded  with  liquors  and  cigars, 
and  one  containing  among  other  things  4,000  cartridges  for  carbines  and  several 
carbines  and  muskets,  and  they  also  "lost"  a  box  of  poisoned  hard  bread.  The 
corral  was  formed  in  low  ground  and  six  of  the  dead  that  were  recovered  were 
buried  that  night  by  lantern  light. 

A  terrific  thunderstorm  occurred  that  night  and  water  next  morning  was 
from  one  to  three  feet  deep  in  their  camp.  As  they  moved  next  morning  they 
were  surrounded  by  drunken  Indians,  some  smoking  cigars,  some  of  the  Indians 
being  reckless  in  their  intoxicated  condition.  The  train  moved  about  two  miles 
and  again  corralled. 

Moving  oiU  the  next  morning,  they  were  surrounded  by  a  much  stronger  and 
more  desperate  force  which  attacked  on  both  sides  of  the  train.  Reaching  suit- 
able ground,  the  train  corralled  and  fortified,  building  breastworks  of  sod  about 
six  feet  in  height  and  large  enough  to  inclose  the  entire  train,  and  made  ready 
for  a  siege  which  continued  sixteen  days  before  relief  came.  The  next  day  they 
were  again  surrounded  by  a  force  of  from  three  to  five  hundred  Indians,  but 
the  mountain  howitzer  in  the  fort  kept  them  at  a  respectful  distance  and  no 
further  casualties  occurred. 

That  night  Lieutenant  Smith  with  thirteen  men  returned  to  Fort  Rice  for 
reinforcements  which  were,  it  will  be  seen,  promptly  sent  by  General  Sully. 

The  men  of  Fisk's  party  who  were  killed  were  Louis  Nudick,  who  went  back 
for  his  revolver;  Walter  Grimes  and  Walter  Fewer,  teamsters;  and  the  wounded, 
Jefi^erson  Dilts  and  Albert  Libby.  Six  soldiers  were  also  killed  and  four 
wounded.  The  fort  was  called  Fort  Dilts,  in  honor  of  Jeft'erson  Dilts,  the 
wounded  scout  who  died  of  his  wounds  and  was  buried  under  its  walls.  A  spring 
was  found  near  the  fort,  which  furnished  an  abundance  of  water. 

THE   WHITE    CAPTIVE 

The  Indians  had  a  white  woman  captive  in  their  camp,  Mrs.  Fanny  Kelly,  of 
Geneva,  Kan.,  captured  near  Fort  Laramie,  July  12,  1864.  On  the  next  day  the 
Indians  formed  on  the  adjacent  hills  and  sent  three  unarmed  warriors  forward 
with  a  flag  of  truce.  A  party  went  out  to  meet  them,  when  they  planted  the 
flag  on  a  stick  and  retired.     Attached  to  the  stick  was  a  letter  reading: 

"Makatunke  says  he  will  not  fight  wagons,  but  they  have  been  fighting  two 
days.  They  had  many  killed  by  the  goods  they  brought  into  camp.  They  tell 
me  what  to  write.  I  do  not  understand  them.  I  was  taken  by  them  July  12th. 
They  say  for  the  soldiers  to  give  forty  head  of  cattle.  Hehutahunca  says  he 
fights  not.  But  they  have  been  fighting.  Be  kind  to  them,  and  trj'  to  free  me 
for  mercy's  sake.  Mrs.  Kelly." 

"Buy  me  if  you  can  and  you  will  be  satisfied.  They  have  killed  many  whites. 
Help  me  if  you  can.    Uncapapa  (they  put  words  in  and  I  have  to  obey)  they  say 


HISTORY  OF  NORTH  DAKOTA  301 

for  the  wagons  they  are  fighting,  for  them  to  go  on.  But  I  fear  for  the  result 
of  this  battle.     The  Lord  have  mercy  on  you.     Do  not  move." 

Other  correspondence  followed.    Mrs.  Kelly  again  wrote: 

"I  am  truly  a  white  woman  and  now  in  sight  of  your  camp,  but  they  will  not 
let  me  go.  They  say  they  will  not  fight,  but  don't  trust  them.  They  say  How 
d'ye  do.  They  say  that  they  want  you  to  give  them  sugar,  coffee,  flour,  gun- 
powder, but  give  them  nothing  till  you  see  me  for  yourself,  but  induce  them, 
taking  me  first. 

"They  want  four  wagons  and  they  will  stop  fighting.  They  want  forty  cattle 
to  eat.  I  have  to  write  what  they  tell  me.  They  want  you  to  come  here.  You 
know  better  than  that.  His  name  Chatvaneo  and  the  other's  name  Porcupine. 
Read  to  yourself.  Some  of  them  can  talk  English.  They  say  this  is  their 
ground.  They  say  go  home  and  come  back  no  more.  The  Fort  Laramie  soldiers 
have  been  after  me  but  they  (the  Indians)  run  so,  and  they  say  they  want  knives 
and  axes  and  arrow  iron  to  shoot  buffalo.  Tell  them  to  wait  and  go  to  town 
and  they  can  get  them.  I  would  give  anything  for  liberty.  Induce  them  to  show 
me  before  you  give  anything.  They  are  very  anxious  for  you  to  move  now. 
Do  not  I  implore  you  for  your  life's  sake.  Fanny  Kelly." 

"Aly  residence  formerly  Geneva,  Kansas." 

For  the  ransom  of  Mrs.  Kelly,  Captain  Fisk  offered  three  good  American 
horses,  some  flour,  sugar  and  coffee,  or  a  load  of  supplies,  but  the  Indians  did 
not  give  her  up.  Mrs.  Kelly  was  ransomed  later  by  a  priest  on  the  Canadian 
border. 

Capt.  James  L.  Fisk  enlisted  as  a  private  in  the  Third  Minnesota  Battery 
September  20,  1861,  and  was  promoted  captain  and  A.  Q.  M.,  volunteers,  May 
29,  1862.  He  resigned  June  12,  1865.  He  conducted  successful  expeditions  to 
Montana  and  Idaho  in  1862  and  1863,  and  a  fourth  expedition  without  military 
protection,  to  Alontana  in  1866.  This  expedition  reached  the  Missouri  River  at 
Fort  Berthold  via  Forts  Abercrombie  and  Wadsworth,  July  20,  1866;  Fort 
Union,  August  2d;  and  Helena,  Mont.,  September  29th,  via  Fort  Benton,  with- 
out accident  or  exciting  incident,  while  other  trains  on  the  line  through  Nebraska 
had  fighting  all  the  way.  One  train  was  reported  to  have  lost  seventy  men  near 
the  Yellowstone  and  the  whole  route  was  said  to  be  strewn  with  fresh-made 
graves. 

A  few  days  before  the  arrival  of  Captain  Fisk's  1866  train  at  Fort  Union,  about 
2,000  Indians  came  to  a  point  on  the  opposite  side  of  the  river  to  trade.  When 
the  traders  went  to  meet  them  the  Sioux  fired  on  them,  wounding  two,  taking 
a  portion  of  the  goods.  The  condition  of  the  Indian  mind  at  this  time  is  well 
illustrated  in  the  incidents  leading  up  to  the  massacre  of  Colonel  Fetterman's 
command  near  Fort  Phil  Kearney. 

THE    MASSACRE    NEAR    FORT    PHIL    KEARNEY 

The  massacre  of  Brevet  Lieutenant  Colonel  Fetterman  and  his  command 
near  Fort  Phil  Kearney,  December  21,  1866,  was  an  incident  in  the  life  of 
Dakota  Territory  and  a  natural  sequence  of  the  attempt  to  drive  the  Indians  out 
of  the  country,  the  possession  of  which  had  been  guaranteed  to  them  by  both 
law  and  treaty. 


302  HISTORY  OF  NORTH  DAKOTA 

In  the  spring  of  1866,  Gen.  John  Pope,  commanding  the  District  of  Mis- 
souri, which  inchided  Minnesota,  Dakota,  Kansas  and  Nebraska,  created  the 
Mountain  District  and  assigned  Col.  Henry  B.  Carrington  to  its  command. 
General  Pope's  orders  contemplated  the  erection  of  new  military  posts,  one  near 
Fort  Reno,  one  on  the  Big  Horn  and  a  third  on  the  head  waters  of  the  Yellow- 
stone. 

Fort  Reno,  fomierly  known  as  Fort  Conner,  was  to  be  moved  farther  west 
on  the  Virginia  City  trail.  Colonel  Carrington's  headquarters  had  previously 
been  at  Fort  Kearney,  Nebraska  Territory.  April  13,  1866,  the  preliminary 
order  was  issued  for  the  proposed  new  movement.  His  command  consisted  of  a 
battalion  of  the  Eighteenth  U.  S.  Infantry,  then  stationed  at  Fort  Kearney,  220 
men.  May  19,  1866,  1,000  recruits  having  arrived  for  his  regiment,  he  marched 
two  days  later,  reaching  Fort  Reno,  on  the  Powder  River,  June  28th.  The 
country  about  Fort  Reno  being  unsuitable  for  a  permanent  post,  the  first  of  the 
new  posts  was  erected  at  Piney  Forks.  It  was  built  between  two  streams,  Piney 
Creeks,  which  came  from  deep  gorges  in  the  Big  Horn  Mountains  about  five 
miles  apart.  It  was  built  on  a  plateau  about  600  by  900  feet  in  extent,  a  portion 
touching  the  Little  Piney.  Here  a  stockade  was  built  of  pine  logs  from  the 
abundant  supply  in  the  immediate  vicinity.  A  hill  half  a  mile  distant  commanded 
a  view  of  the  Tongue  River  Valley  and  the  road  for  eleven  miles,  was  utilized 
for  a  signal  station.  There  was  excellent  water,  cold,  pure  and  clear;  good 
grazing,  good  meadows  and  an  abundance  of  timber  and  coal,  in  the  vicinity. 
It  was  in  the  very  heart  of  the  Indian  hunting  grounds,  with  an  abundance  of 
buiifalo,  elk,  deer,  bear  and  other  game  in  the  surrounding  country,  which  was 
occupied  by  Indians  of  several  tribes,  including  Crows,  Shoshones,  Cheyennes, 
Arrapahoes  and  Sioux,  who  had  hunted  here  in  undisturbed  possession  of  the 
country. 

The  Crows  and  Shoshones  were  friendly  to  the  whites  and  one  band  of 
Cheyennes  professed  to  be  friendly.  The  Cheyennes  were  well  armed  and  sup- 
plied with  powder  recently  obtained  through  the  Laramie  treaty. 

Under  General  Pope's  orders  immigrants  were  not  allowed  to  go  through  the 
country  unless  well  organized  and  in  large  parties,  and  they  were  forbidden  to 
trade  with  the  Indians,  or  under  any  circumstances  to  furnish  them  with 
whiskey. 

The  post  had  a  garrison  of  two  companies  when  first  built.  As  early  as  July 
31st,  Colonel  Carrington  reported  evidences  of  hostility  and  that  it  was  apparent 
the  Indians  intended  to  harass  the  whole  line  of  transportation  from  the  Mis- 
souri River  to  the  Montana  mines.  Much  live  stock  had  been  stolen  from 
settlers  and  from  small  parties  and  from  the  Government  or  traders'  herds. 
Colonel  Carrington  reported  that  he  was  convinced  he  would  be  compelled  to 
whip  the  Indians  and  that  they  had  given  him  every  provocation.  Wagon  trains 
passing  through  the  country  were  worn  out  by  being  obliged  to  camp  on  high 
hills,  away  from  water,  so  persistent  were  the  Indians  in  their  attacks. 

The  day  before  Colonel  Carrington  arrived  at  Fort  Reno,  forty-three  Indians 
drove  away  two  head  of  stock  near  the  fort  at  midday,  and  on  June  30th  the 
herd  of  stock  belonging  to  A.  C.  Leighton,  the  post  sutler,  were  run  off.  July 
14th,  Colonel  Carrington  was  informed  by  the  friendly  Cheyennes,  representing 
176  lodges,  that  the  Sioux  would  allow  his  command  to  remain  in  the  country 


HISTORY  OF  NORTH  DAKOTA  30it 

if  they  returned  to  Powder  River  (Fort  Reno)  ;  that  Red  Cloud's  forces  num- 
bered 500  and  he  was  in  control  of  the  Indians  in  the  vicinity,  and  that  the 
Sioux  claimed  that  the  treaty  for  a  road  through  that  country  did  not  mean  two 
roads;  that  they  did  not  agree  to  this  and  would  not  allow  but  one.  They 
objected  particularly  to  a  road  north  of  the  Big  Horn  and  accused  Colonel  Car- 
rington  of  coming  into  the  country  to  take  their  hunting  grounds  from  them. 
July  17th  the  Indians  attacked  the  train  of  Brevet  Major  Haymond,  which  had 
arrived  at  Piney  Forks  two  days  before,  and  drove  away  174  head  of  stock. 
Haymond  pursued  but  was  forced  to  return  with  the  loss  of  two  men  killed  and 
three  wounded  by  arrows.  lie  found  in  Penn  Valley  the  bodies  of  Pierre  Gas- 
seaux  (French  Pete),  his  partner,  Henry  Arrison,  and  four  others,  one  being 
Joseph  Donalson,  a  civilian  Government  teamster.  Gasseaux's  Sioux  widow 
said  the  Sioux  came  to  their  place  and  found  Black  Horse,  of  the  Cheyennes, 
and  other  Indians  trading;  that  they  whipped  Black  Horse,  who  had  delivered 
to  them  a  message  from  Colonel  Carrington,  counting  "coos,"  almost  the  equiva- 
lent in  Indian  "honor"  to  taking  their  scalps,  on  his  party.  Gasseaux  was  on  his 
way  to  report  to  Colonel  Carrington  when  killed,  as  Black  Horse  told  him  he 
would  be.  This  was  the  beginning  of  new  hostilities  which  were  based  on  the 
report  by  Black  Horse  that  the  troops  intended  to  remain  in  the  Big  Horn  region. 

The  project  of  building  a  fort  on  the  Yellowstone  was  abandoned.  The  post 
on  the  Big  Horn  was  to  be  called  Fort  C.  F.  Smith.  Carrington's  new  post  was 
already  named  Fort  Phil  Kearney. 

July  2ist,  Lieut.  Napoleon  H.  Daniels,  in  charge  of  a  wagon  train,  and 
one  corporal  was  killed.  July  23d  Kirkendall's  train  was  attacked  but  the 
Indians  fled  on  the  approach  of  the  troops  under  command  of  Brevet  Lieu- 
tenant Colonel  Kinney.  The  body  of  Terrance  Callary  of  Company  G,  i8th 
Infantry,  who  had  been  hunting  buffalo  was  found;  he  had  been  killed  before 
the  presence  of  the  Indians  was  discovered.  In  a  skirmish  at  Reno  Creek,  one 
soldier  and  one  teamster  were  killed,  and  after  the  work  of  building  the  fort 
commenced,  scarcely  a  day  or  night  passed  without  depredations  of  some  sort 
by  the  Sioux. 

August  1 2th  the  Indians  ran  off  horses  and  cattle  belonging  to  citizens  en- 
camped at  B'ort  Reno ;  on  pursuit  by  the  troops  some  of  the  cattle  were  recaptured. 
August  14th  Joseph  Postlewaite  and  Stockney  Williams  were  killed,  four  miles 
from  Fort  Reno.  August  17th  the  Indians  drove  off  seven  horses  and  seventeen 
mules  from  Fort  Reno.  August  29th  Colonel  Carrington  reported  that  the 
post  on  the  Big  Horn  (Fort  C.  F.  Smith)  had  been  successfully  established; 
that  this  was  timely — as  on  the  day  previous  to  the  arrival  of  the  troops  the 
Indians  had  robbed  a  citizen's  train  of  100  mules ;  that  the  Indians  had  molested 
trains  as  far  west  as  the  Wind  River,  in  one  case  only  one  man  out  of  twelve 
■escaped  unhurt ;  that  the  total  number  killed  up  to  that  time  was  thirty-three 
whites  and  thirty-seven  Indians.  In  the  case  where  the  eleven  whites  were  killed, 
the  Indians  had  been  entertained  by  Mr.  Dillon,  the  head  of  the  party  when  sud- 
denly the  Indians  commenced  shooting  their  entertainers. 

The  Indians  were  reported  divided,  the  young  men  favoring  war,  the  old  men 
counseling  peace.  Dissatisfaction  with  the  Laramie  treaty  was  their  principal 
cause  of  complaint,  coupjed  with  the  fear  of  losing  their  hunting  grounds,  then 
occupied  by  Colonel  Carrington's  command. 


304  HISTORY  OF  NORTH  DAKOTA 

In  November  a  mail  party  of  twenty  soldiers  and  seventeen  miners  was 
attacked  by  300  Indians ;  the  miners  lost  four  horses.  Lieutenant  Bradley  re- 
turning from  Fort  Benton  was  attacked  and  his  chief  guide,  Brennan,  killed. 
James  Bridger,  sent  to  interview  friendly  Crows,  who  were  camped  in  the 
vicinity,  reported  that  it  took  half  a  day's  ride  to  go  through  the  camps  of  the 
hostile  Sioux ;  that  he  was  so  informed  by  the  Crows  who  had  been  importvmed 
by  Red  Cloud  and  others  to  join  in  the  war  against  the  whites.  Almost  every 
band  of  the  Sioux  were  represented  and  some  of  the  Gros-Ventres  from  the 
Missouri  River;  they  said  they  would  not  touch  Fort  Reno  but  intended  to 
destroy  the  two  new  posts ;  that  they  would  have  two  big  fights  at  Pine  Woods 
(Fort  Phil  Kearney)  and  Big  Horn  (Fort  C.  F.  Smith). 

A  fight  was  also  had  at  Fort  Phil  Sheridan  in  which  eight  Indians  were  killed, 
three  subsequently  died  of  wounds  and  many  others  were  wounded.  A  citizen's 
party  near  the  fort,  who  were  playing  cards  by  their  camp  fire,  were  fired  upon 
by  the  Indians  and  three  wounded.  September  the  8th  the  Indians  attacked  a 
citizens"  train  near  Fort  Phil  Kearney,  driving  off  twenty  mules ;  October  loth 
twenty  Indians  attacked  ten  herders  near  the  fort,  driving  ofif  thirty-three  horses 
and  seventy-eight  mules.  October  13th  the  Indians  attacked  a  haying  party,  killed 
one  man  and  ran  off  209  cattle,  burned  the  hay  and  destroyed  the  mowing  ma- 
chine. The  same  day  they  stampeded  the  Government  herd  and  wounded  two 
herders.  September  14th  Private  Alonzo  Gilchrist  and  on  the  i6th  Private  Peter 
Johnson  were  killed.  September  17th  the  Indians  drove  off  forty-eight  head  of 
cattle  which  were  retaken  on  pursuit.  September  20th  they  attacked  a  citizens' 
party  near  the  fort.  One  Indian  was  killed  and  one  wounded.  September  23d 
they  drove  off  twenty-four  head  of  cattle  owned  by  a  contractor.  In  a  sharp 
skirmish  the  cattle  were  recovered.  The  hay  party  was  again  attacked  and  on 
their  return  to  the  fort  they  found  the  bodies  of  Mr.  Gruell  and  two  teamsters 
who  had  been  to  Fort  Smith  with  supplies.  They  met  twenty  soldiers  and  seven- 
teen miners  who  had  been  corralled  by  the  Indians  and  fought  two  days  before 
relieved.  Depredations  were  committed  about  Fort  Reno  on  the  i/th,  21st  and 
23d  of  September.  Several  head  of  government  stock  were  run  off  and  Casper 
H.  Walsh  killed  during  these  operations.  In  an  attack  on  a  citizens'  train  W.  R. 
Petty  and  A.  B.  Overholt  were  wounded.  September  27th  Private  Patrick  Smith 
was  scalped  alive  and  mortally  wounded,  but  crawled  half  a  mile  to  the  block 
house  where  he  died  the  next  day.  An  attempt  was  made  to  cut  off  the  picket 
near  the  forts  by  the  Indians  who  killed  Smith,  and  other  supporting  parties, 
but  they  were  driven  off  by  shell  fire.  Bailey's  party  of  miners  arrived  that  day. 
They  had  lost  two  men  killed  and  scalped  by  the  Indians.  September  17th 
Ridgeway  Glover,  a  citizen  artist,  who  left  the  fort  without  permission,  was 
found  two  miles  away  dead,  naked,  scalped  and  mutilated. 

Septemlier  25th  the  Indians  took  ninety-four  head  of  stock  from  Contractor 
Chandler's  herd.  A  short  fight  occurred  in  which  five  Indians  and  a  white  man 
known  as  Bob  North,  their  leader,  was  killed ;  sixteen  Indians  were  wounded. 
During  the  month  one  citizen  was  killed  near  Fort  Smith.  October  4th  Colonel 
Carrington  reported  the  loss  of  one  soldier,  scalped  on  the  wood  train.  October 
13th  two  were  killed  and  one  wounded  of  the  wood  party.  Indian  activities 
were  reported  late  in  November  with  occasional  loss  of  stock. 

December  6th  Indians  attacked  the  wood  train.     Lieut.  Horatio  S.  Bingham 


HISTORY  OF  NORTH  DAKOTA  305 

and  Sergt.  C.  R.  Bowers  were  killed.  Bowers  killed  three  Indians  before  he 
fell.  The  Indians  showed  their  respect  for  his  bravery  by  leaving  him  unscalped. 
Five  other  soldiers  were  wounded.  The  Indian  loss  was  estimated  at  ten  killed 
and  many  wounded. 

Thereafter  Indians  appeared  about  the  fort  almost  every  day  until  the  19th, 
when  a  train  was  reported  corralled  on  the  hill  and  attacked  by  a  large  force. 
December  21st  the  wood  train  was  again  reported  corralled  about  a  mile  and  a 
half  from  the  fort.  A  force  of  eighty-one  officers  and  men  and  two  citizens, 
James  S.  Wheatley  and  Isaac  Fisher,  were  sent  to  their  relief,  under  the  command 
of  Brevet  Lt.  Col.  William  Judd  Fetterman  and  Lieut.  George  W.  Grummond, 
accompanied,  without  orders,  by  Capt.  Frederick  H.  Brown.  They  were  attacked 
near  the  train  when  they  rashly  followed  the  Indians  in  flight  nearly  five  miles. 
Here  they  were  surrounded  and  all  were  killed.  The  bodies  of  Colonel  Fetter- 
man  and  Captain  Brown  were  found  near  four  rocks  where  the  last  stand  had  been 
made,  each  with  a  revolver  shot  in  the  left  temple,  and  it  was  believed  they  had 
shot  each  other.  The  bodies  of  Wheatley  and  Fisher  were  found  naked  with 
105  arrow  shots  in  one  and  many  in  the  other.  The  Henry  rifle  shells  and  the 
pools  of  blood  about  them  told  the  story  of  the  execution  done  by  them.  Pools  of 
blood  indicated  the  point  where  sixty-five  Indians  fell  in  the  desperate  conflict. 
Three  of  these  were  near  Lieutenant  Grummond.  All  of  the  bodies  were  shock- 
ingly mutilated ;  hands,  feet,  ears  and  noses  were  cut  off,  muscles  of  the  arms 
and  legs  severed,  eyes  and  teeth  dug  out  and  shocking  indignities  to  other  parts 
of  the  bodies  perpetrated. 

The  dead  were :  Officers,  Capt.  and  Brevet  Lieut.  Col.  William  J.  Fetterman, 
Capt.  Frederick  H.  Brown,  and  Lieut.  George  W.  Grummond. 

Company  A,  second  battalion,  i8th  Infantry:  First  Sergt.  Augustus  Long; 
First  Sergt.  Hugh  Murphy,  Corpl.  Robert  Lennon,  Corpl.  William  Date ;  Pri- 
vates Frederick  Ackerman,  William  Betzler,  Thomas  Burke,  Henry  Buchanan, 
Maxim  Diring,  George  E.  R.  Goodall,  F'rancis  S.  Gordon,  Michael  Harten,  Mar- 
tin Kelly,  Patrick  Shannon,  Charles  M.  Taylor,  Joseph  D.  Thomas,  David 
Thorey,  John  Thimpson,  Albert  H.  Walters,  John  M.  Weaver  and  John 
Woodruff. 

Company  C,  Second  Battalion,  18th  Infantry:  Sergt.  Francis  Raymond, 
Sergt.  Patrick  Rooney,  Corpl.  Gustave  Bauer,  Corpl.  Patrick  Gallagher;  Privates 
Henry  E.  Aarons,  Michael  O.  Garra,  Jacob  Rosenburg,  Frank  P.  Sullivan,  and 
Patrick  Smith. 

Company  E,  Second  Battalion,  i8th  Infantry:  Sergt.  William  Morgan,  Corpl. 
John  Ouinn,  Privates  George  W.  Burrell,  John  Maher,  George  H.  Waterbury, 
and  Timothy  Cullinane. 

Company  H,  Second  Battalion,  i8th  Infantry:  First  Sergt.  Alex  Smith, 
First  Sergt.  Ephraim  C.  Bissell,  Corporal  Michael  Sharkey,  Corporal  George 
Phillips,  Corpl.  Frank  Karston,  Privates  George  Davis,  Thomas  H.  Madden, 
Perry  F.  Dolan,  Asa  H.  Griffin,  Herman  Keil,  James  Kean,  Michael  Kinney,  and 
Delos  Reed. 

Company  C,  Second  U.  S.  Cavalry :  Sergt.  James  Baker,  Corpl.  James  Kelly, 
Corpl.  Thomas  H.  Kerrigan,  Bugler  Adolf  Metzger,  Artificer  John  McCarty, 
Privates  Thomas  Amberson,  Thomas  Broghn,  Nathan  Foreman,  Andrew  M. 
Fitzgerald,    Daniel   Green,    Charles   Gamford,   John   Gitter,   Ferdinand   Houser, 


306  HISTORY  OF  NORTH  DAKOTA 

William  M.  Bugbee,  William  L.  Comeg,  Charles  Cuddy,  Patrick  Clancey,  Har- 
vy  S.  Deming,  U.  B.  Doran,  Robert  Daniel,  Frank  Jones,  James  P.  McGuire, 
John  McColly,  Franklin  Payne,  James  Ryan,  George  W.  Nugent,  and  Oliver 
Williams. 

All  of  the  bodies  were  recovered  and  fittingly  buried  in  the  Post  Cemetery. 

These  facts  are  mainly  gathered  from  the  report  of  Col.  Henry  B.  Carrington, 
and  his  evidence  before  the  congressional  investigating  committee,  found  in 
Senate  Document  No.  33,  50th  Congress,  First  Session. 

THE  GREAT  SIOUX  RESERVATION 

The  Fort  Phil  Kearney  massacre  led  to  the  adjustment  of  existing  difficulties 
with  the  Indians  and  to  the  Treaty  of  April  29,  1868,  and  the  establishment  of 
the  Great  Sioux  Reservation.  It  was  a  treaty  by  Warrior  Chiefs  on  the  one  side 
and  illustrious  soldiers,  viz:  Lieut.  Gen.  William  T.  Sherman,  Brevet  Maj.  Gen. 
William  S.  Harney,  Brevet  Maj.  Gen.  Alfred  H.  Terry,  Brevet  Maj.  Gen. 
Christopher  C.  Augur,  Brevet  Maj.  Gen.  John  B.  Sanborn,  and  several  distin- 
guished citizens. 

Section  i  declared :  "From  this  day  forward  all  war  between  the  parties 
to  this  agreement  shall  forever  cease.  The  Government  of  the  United  States  de- 
sires peace  and  its  honor  is  hereby  pledged  to  keep  it.  The  Indians  desire  peace 
and  they  now  pledge  their  honor  to  maintain  it." 

The  United  States  agreed  by  this  solemn  treaty,  ratified  and  proclaimed, 
that  no  person  excepting  certain  designated  persons,  officers,  agents  and  employees 
of  the  Government  authorized  so  to  do  in  order  to  discharge  duties  enjoined  by 
law,  should  ever  be  permitted  to  pass  over,  settle  upon  or  reside  in  the  territory 
set  aside  for  this  reservation,  the  United  States  relinquishing  to  the  Indians  all 
claim  to  the  land  within  such  reservation.  And  if  there  was  not  enough  to  give 
each  Indian  160  acres  of  arable  land  it  was  agreed  they  should  have  more. 

The  United  States  agreed  to  erect  agency  buildings,  a  saw  mill  and  grist 
mill.  Each  head  of  a  family  was  allowed  to  select  320  acres  of  land  and  each 
other  person  over  eighteen  years  of  age  was  allowed  to  select  80  acres  of  land 
and  each  male  person  over  18  years  of  age,  after  residing  upon  his  selection  for 
three  years  and  making  certain  improvements  was  to  receive  a  patent  for  160 
acres.  Assistance  in  farming  was  provided  for  and  provision  made  for  school 
houses  and  schools.  Clothing  was  promised  for  30  years  for  men,  women  and 
children.  Food  was  also  promised  for  four  years  after  settling  upon  the  land,  to- 
gether with  oxen  and  utensils  for  use  in  operating  their  farms. 

The  Indians  agreed  to  allow  the  construction  of  the  Pacific  Railroad  and 
any  railroad  not  passing  over  their  reservation,  and  that  they  would  not  attack  or 
molest  any  one  or  carry  off  white  women  or  children  from  their  homes  nor  kill 
and  scalp  white  men. 

And  yet  hostilities  continued  and  eight  years  later  the  Custer  massacre 
occurred,  growing  out  of  resistence  by  the  Indians  to  the  demands  for  opening 
of  the  Black  Hills  and  the  extension  of  the  Northern  Pacific  Railroad.  But  the 
hostilities  were  at  first  mere  depredations  by  lawless  individual  characters. 


CHAPTER  XXI 
POLITICS  IN  INDIAN  AFFAIRS 

THE    CUSTER    MASSACRE    AND    THE    CAUSES    LEADING    UP    TO    IT — VIOLATED    INDIAN 

TREATIES — STEAMBOAT   LOADS    OF    SUPPLIES    STOLEN HOLDING    UP  THE    INDIAN 

AND   MILITARY  TRADERS THE  BELKNAP   SCANDAL  AND   HOW   IT   WAS   SPRUNG — • 

CUSTER's  LAST   CHARGE — THE   STORY   OF  THE   BATTLE LISTS   OF  THE  DEAD  AND 

WOUNDED RENO   AT  THE   LITTLE   BIG    HORN — HEROISM    OF   DR.    H.    R.    PORTER 

LIGHTNING   TRIP   OF  THE   STEAMER   FAR   WEST CAPT.    GRANT    MARSH DR.    POR- 

TER's   STORY FIRST   NEWS   OF  THE  BATTLE THE    NEW   YORK    HERALD. 

The  story  of  the  Custer  massacre,  June  25,  1876,  is  a  part  of  the  history  of 
Dakota  not  only  because  of  its  effect  in  opening  the  western  parts  of  the  territory 
to  settlement,  the  early  construction  of  the  Northern  Pacific  Railroad,  and  the 
forced  amendment  of  the  Sioux  treaty  creating  the  Great  Sioux  Reservation, 
but  because  of  those  slain,  every  one  of  whom  had  friends  or  acquaintances  at 
Bismarck.  Some  had  wives  and  children  there,  others  near  and  dear  ones.  All 
had  friends,  and  friendship  seemed  closer  then,  when  Bismarck  was  a  frontier 
city.  The  people  at  Bismarck,  Jamestown,  Valley  City,  Fargo,  Moorhead  and 
even  Brainerd  were  neighbors,  but  the  nearest  and  dearest  friends  of  Bismarck 
and  Bismarck  people  were  at  the  military  posts.  The  families  of  the  officers  and 
men  at  Fort  A.  Lincoln  were  part  of  the  social  life  of  Bismarck.  Forts  Rice, 
Stevenson  and  Buford  were  also  always  taken  into  consideration  and  were  con- 
sidered their  next  best  friends  and  next  nearest  neighbors. 

The  Sixth  United  States  Infantry  had  its  headquarters  at  Fort  Buford,  the 
Seventeenth  at  Fort  Rice.  Both  had  companies  at  Bismarck  or  Fort  A.  Lincoln. 
Mrs.  Gen.  W.  B.  Hazen,  later  Mrs.  Admiral  Dewey,  then  a  bride  passed  through 
Bismarck  in  the  spring  to  join  her  husband  at  Fort  Buford.  She  landed  at  Bis- 
marck during  the  raging  snow  storm  early  in  May,  1873,  and  passed  up  the 
river  by  ambulance  to  Fort  Buford. 

Only  construction  trains  were  then  run  between  Fargo  and  the  end  of  the 
track,  some  forty  miles  east  of  Bismarck,  and  there  was  no  regular  communica- 
tion between  there  and  Bismarck.  The  mails  were  carried  by  the  quartermaster 
department,  Bismarck  receiving  its  supply  from  Fort  A.  Lincoln.  Samuel 
A.  Dickey  was  the  postmaster  at  Bismarck  and  Mrs.  Linda  W.  Slaughter,  his 
assistant,  had  charge  of  the  office.  She  was  later  appointed  postmaster,  resign- 
ing in  February,  1876,  when  Col.  Clement  A.  Lounsberry  succeeded  her  and 
remained  the  postmaster  until  he  resigned  in  1885,  the  ofiice  having  grown  in 
the  meantime  from  fourth  to  second  class.  Dickey  was  post  trader  at  Fort  A. 
Lincoln.     Col.  Robert  Wilson  was  in  charge  of  the  trader's  store. 

307 


308  HISTORY  OF  NORTH  DAKOTA 

In  the  spring  of  1873,  Gen.  George  A.  Custer  arrived  at  Fort  Rice  with  the 
Seventh  U.  S.  Cavalry,  and  participated  in  the  expedition  of  that  year  to  the  Yel- 
lowstone. The  cavalry  barracks  at  Fort  A.  Lincoln  were  built  that  year  and  occu- 
pied on  the  return  of  the  expedition,  as  regimental  headquarters,  a  portion  of 
the  regiment  being  located  at  Fort  Rice,  and  two  troops  at  Fort  Totten  on 
Devils  Lake. 

In  1874  General  Custer  conducted  an  expedition  to  the  Black  Hills  and  set- 
tled the  question  as  to  the  existence  of  gold  in  that  region.  Professor  Winchell, 
of  the  Minnesota  University,  accompanied  the  expedition,  together  with  other 
specially  invited  scientists.  Gen.  Frederick  D.  Grant,  then  a  lieutenant  in  the 
army,  went  as  the  special  representative  of  President  Grant.  William  E.  Curtis, 
the  famous  newspaper  correspondent,  represented  the  Chicago  Inter-Ocean,  Na- 
than H.  Knappen,  the  Bismarck  Tribune.  H.  N.  Ross,  then  of  Bismarck,  was 
selected  as  the  head  of  a  mining  party,  equipped  for  prospecting.  It  was  under- 
stood that  the  scientific  portion  of  the  expedition  was  organized  to  disprove  the 
stories  of  the  existence  of  rich  gold  fields  in  the  Black  Hills.  A  solemn  treaty  had 
been  entered  into  with  the  Sioux  Indians  reserving  almost  an  empire,  lying  west  of 
the  Missouri  River  and  embracing  the  Black  Hills,  for  the  exclusive  use  of  the 
allied  tribes,  as  related  in  the  preceding  chapter. 

Custer's  expedition  to  the  Black  Hills  was  permitted  by  General  Sheridan 
but  it  was  stipulated  that  the  expedition  should  not  return  within  sixty  days. 
It  left  Fort  Abraham  Lincoln  July  2d,  and  returned  August  31st.  It  is  quite 
certain  that  the  organization  of  the  mining  party  was  not  authorized.  It  was  the 
good  fortune  of  the  Bismarck  Tribune  to  have  its  correspondent  assigned  to  the 
mining  party  with  instructions  to  report  the  facts.  The  scientific  party  found  no 
gold.  The  representatives  of  the  other  great  newspapers  saw  none.  The  per- 
sonal representative  of  President  Grant  was  oblivious  to  its  presence,  but  the 
miners  found  it  and  the  representative  of  the  Bismarck  Tribune  saw  it  and 
gave  to  the  world  the  first  information  concerning  the  fact,  and  the  Tribune  had 
the  first  assay  made  of  Black  Hills  ore.  General  Custer  sent  Scout  Charles 
Reynolds  to  Camp  Robinson,  Nebraska,  with  official  dispatches  in  which  he  in- 
formed General  Sheridan  of  the  discovery  of  gold,  and  this  scout  carried  the 
dispatch  to  the  Bismarck  Tribune,  and  by  the  Tribune  was  given  to  the  Associated 
Press  before  it  became  public  from  any  other  source. 

As  the  result  of  these  discoveries  the  Black  Hills  were  invaded  from  every 
direction.  The  Government  issued  drastic  orders  and  many  trains  loaded  with 
mining  outfits  or  supplies  were  destroyed  by  the  military  and  many  arrests  were 
made,  while  other  parties  were  destroyed  by  the  Indians,  for  the  Indians  were 
enraged  beyond  endurance  by  this  new  act  of  bad  faith.  The  miners  were  rapid- 
ly concentrating  in  the  hills ;  among  the  Indians  the  young  men  inclined  to  war 
were  concentrating  in  the  Little  Big  Horn  country.  They  were  well  armed 
and  the  immense  herds  of  bufifalo  then  in  existence  gave  them  abundant  supplies, 
which  they  were  unable  to  obtain  at  the  agencies,  notwithstanding  the  treaty 
obligations  of  the  Government. 

The  treaty  of  1868,  which  provided  for  the  Great  Sioux  reservation,  also 
provided  that  certain  supplies  should  be  delivered  to  the  Indians  annually  at 
their  several  agencies,  along  the  Missouri  River.  At  the  Standing  Rock  agency 
there  was  an  alleged  enrollment  of  some  7,000  Indians.     There  was  actually  less 


HISTORY  OF  NORTH  DAKOTA  309 

than  half  of  that  number.  The  winter  of  1873-4  set  in  early  and  a  large  portion  of 
their  supplies  were  not  delivered  until  the  next  spring,  on  account  of  the  early 
closing  of  the  Missouri  River.  And  when  delivered  it  is  charged  that  they  were 
stolen  by  the  boat  load;  that  a  small  portion  of  each  cargo  was  delivered,  but 
the  whole  receipted  for,  while  the  bulk  went  on  up  the  river  where  it  was  dis- 
posed of  to  the  traders  or  others.  And  it  was  charged  that  much  of  their  regular 
supplies  were  disposed  of  in  the  same  manner. 

It  was  apparent  to  any  observer  that,  notwithstanding  the  liberal  provisions 
made  by  the  Government  for  the  Indians,  the  Indians  were  suffering  from  hunger, 
and  their  attitude  became  constantly  more  threatening.  There  were  other  ugly 
rumors,  which  unfortunately  proved  to  be  true,  that  the  traders  were  paying 
enormous  tribute  to  persons  connected  with  those  in  official  position,  and  that  the 
quota  apportioned  to  each  of  the  traders  at  Forts  Buford,  Lincoln  and  Rice,  to  be 
paid  monthly,  was  $1,000,  with  lesser  sums  for  the  smaller  posts. 

General  Custer  was  a  man  of  action  and  of  high  ideals,  and  believed  in  a 
square  deal.  These  rumors,  backed  with  absolute  proof,  reached  him.  He  also 
believed  that  smuggling  of  arms  and  liquor  was  carried  on  to  a  great  extent  and 
that  by  this  means  also  money  was  provided  to  pay  the  tribute  exacted  of  the 
traders.  The  wife  of  the  then  Secretary  of  War  was  the  beneficiary  on  the 
part  of  the  military  traderships,  while  one  related  to  the  President  was  sharing 
the  profit  from  the  Indian  traderships. 

General  Custer  was  instrumental  in  having  Ralph  Meeker  sent  out  by  a 
New  York  newspaper  to  report  on  this  matter.  He  reported  to  General  Custer. 
His  mission  was  known  to  the  writer  of  these  pages,  then  editor  of  the  Bismarck 
Tribune,  and  to  James  A.  Emmons  at  Bismarck,  who  had  previously  flaunted 
the  main  facts  in  the  face  of  the  Secretary  of  War  by  means  of  a  printed  circular, 
when  General  Belknap  was  on  an  official  visit  to  Fort  A.  Lincoln.  Meeker  gained 
employment  through  General  Custer  at  the  Berthold  Indian  Agency,  and  thereby 
gained  opportunity  for  interviews  with  a  number  of  the  Sioux  whom  he  met 
there  and  at  Fort  A.  Lincoln  and  Standing  Rock.  Custer  was  not  backward  in 
supplying  Meeker  the  facts  that  had  come  to  his  attention,  and  the  publication  of 
the  story  resulted  in  the  impeachment  of  Secretary  Belknap,  who  resigned 
rather  than  have  the  facts,  of  which  he  was  not  wholly  conscious,  become  a  matter 
of  record. 

The  expose  occurred  in  February,  1876.  General  Custer  had  been  in  Wash- 
ington arranging  for  the  expedition  and  was  on  his  way  home  when  the  matter 
became    known.     Congress    immediately   appointed    an   investigating   committee. 

It  was  the  custom  then  to  close  the  Northern  Pacific  Railroad  from  Fargo 
to  Bismarck  for  the  winter.  The  Black  Hills  travel  caused  an  attempt  to  open 
the  road  early  that  spring  and  on  March  5th,  a  train  left  Fargo  for  Bismarck  but 
was  snow  boiind  three  weeks  at  Crystal  Springs.  Among  the  passengers  on  this 
train  were  General  Custer  and  wife  and  several  officers  of  the  Seventh  Cavalry, 
a  large  number  of  recruits.  Mayor  McLean  of  Bismarck  and  Colonel  Lounsberry 
who  were  returning  from  Washington,  where  they  were  on  the  floor  of  the 
House  of  Representatives  and  exhibited  specimens  of  gold  from  the  Black  Hills. 
They  were  granted  an  audience  by  President  Grant  and  Secretary  Belknap, 
General  Grant  remarking,  "that  settles  the  question  as  to  whether  there  is  gold 
in  the  Black  Hills." 


310  HISTORY  OF  NORTH  DAKOTA 

William  Budge,  and  a  large  party  of  miners  from  Grand  Forks,  were  also  on 
the  train.  General  Custer  and  family  left  the  train  by  team  and  on  his  arrival 
at  Fort  A.  Lincoln  he  was  summoned  by  telegraph  to  give  testimony  before  a 
committee  of  Congress  appointed  to  investigate  the  charges  against  Secretary 
Belknap.  Some  of  his  testimony  gave  oiifense  to  the  administration  and  the 
plans  for  the  Yellowstone  expedition  were  changed,  and  Gen.  Alfred  H.  Terry 
was  assigned  to  the  command  of  the  expedition  which  left  Fort  A.  Lincoln 
May  17,  1876. 

Custer  was  in  command  of  his  own  regiment.  Some  of  the  companies  were 
commanded  by  officers  related  to  him  by  blood  or  other  ties  or  intimate  personal 
friends. 

Colonel  Lounsberry,  who  represented  the  New  York  Herald  and  the  Asso- 
ciated Press  through  its  St.  Paul  office,  was  the  only  correspondent  who  had  se- 
cured authority  to  accompany  the  expedition,  but  sickness  in  his  family  at  the 
last  moment  prevented  his  going  and  he  chose  Mark  H.  Kellogg  to  represent  him 
on  the  expedition.  On  reaching  the  Rosebud,  Custer's  knowledge  of  the  country 
became  invaluable  and  he  was  ordered  to  take  his  regiment  and  locate  the  Indians. 
At  an  assembly  of  the  officers  June  22d,  at  dusk.  General  Custer  stated  that  he  had 
investigated  as  to  the  number  of  the  hostiles  through  the  Indian  Bureau  and  other 
sources  and  he  was  satisfied  that  they  would  not  find  more  than  1,000  to  1,500 
warriors. 

General  Gibbons's  command  had  already  reported  to  General  Terry  and  had 
started  up  the  left  bank  of  the  Yellowstone  as  Custer  made  camp  at  the,  mouth 
of  the  Rosebud  on  the  right  bank. 

General  Custer's  instructions  from  General  Terry  directed  him  to  take  trails 
and  follow  till  he  should  ascertain  definitely  the  direction  in  which  they  would 
lead,  then  report;  if  he  found  it  leading  to  the  Little  Big  Horn  to  still  proceed 
south  perhaps  as  far  as  the  head  waters  of  the  Tongue  River,  the  object  bemg 
to  locate  the  Indians  and  determine  as  accurately  as  possible  all  facts  necessary 
to  a  successful  prosecution  of  the  campaign  against  them.  General  Terry  avoided 
giving  positive  orders  and  left  action  to  General  Custer's  discretion  when  so  near 
the  enemy. 

The  information  which  had  been  forwarded  by  General  Sheridan  that  the 
Indian  agencies  had  been  deserted  by  large  numbers  of  Indians  had  not  reached 
General  Terry  before  the  battle  of  the  Little  Big  Horn.  In  locating  the  enemy 
Major  Reno  withthree  troops  was  assigned  to  the  advance  and  ordered  to  attack, 
and  advised  that  the  whole  command  would  support  him.  This  was  before  reach- 
ing the  ford  and  before  General  Custer  divined  the  situation  as  it  later  appeared. 
He  gave  these  orders  on  first  reaching  the  open  valley,  on  seeing  the  Indian 
villages,  expecting  no  doubt  to  follow  Reno,  considering  the  possible  flight  of  the 
Indians  south  toward  the  mountains  or  northward  into  the  Bad  Lands,  expecting 
only  a  running  fight  and  that  they  would  not  m.ake  a  stand  at  their  villages,  expos- 
ing their  women  and  children  to  direct  attack.  Such  a  conclusion  would  be  in 
•accord  with  all  previous  experience  in  Indian  warfare. 

Custer's  immediate  command  when  the  massacre  occurred  consisted  of  five 
■companies,  the  others  being  appropriately  assigned  to  other  parts.  Reno  was 
■put  to  flight.     Custer  attacked  with  the  five  remaining  companies. 

The  history  of  the  battle  has  been  written  in  the  light  of  investigation  and 


MAIN  STREET,  BISMARCIv,  1872-3 
The  place  was  then  called  Edminton 


HISTORY  OF  NORTH  DAKOTA  311 

research  by   Gen.   E.   S.   Godfrey  in   the   Century   Magazine  of  January,    1892, 
and  also  by  others  after  a  thorough  investigation  of  the  subject. 

The  matter  which  follows  must  be  considered  in  the  light  of  a  narrative  and 
as  an  evidence  of  enterprise  in  gathering  and  publishing  matter  supposed  to  be 
facts,  but  in  the  confusion  and  excitement  of  the  occasion,  inaccuracy  may  have 
occurred  in  some  particulars,  though  not  in  the  list  of  casualties. 

Mark  Kellogg's  last  dispatch  to  the  Bismarck  Tribune  read:  "We  leave  the 
Rosebud  tomorrow  and  by  the  time  this  reaches  you  we  will  have  met  and  fought 
the  red  devils,  with  what  result  remains  to  be  seen.  I  go  with  Custer  and  will  be 
at  the  death.'' 

He  had  written  of  the  events  of  the  expedition,  of  the  preparation  for  the 
morrow,  and  of  the  incidents  of  personal  interest,  up  to  the  very  moment  of 
marching,  and,  as  was  his  custom,  had  his  dispatches  ready  for  the  first  depart- 
ing courier.  He  was  personally  known  to  many  of  the  Indians  and  known  to 
be  their  friend,  and  to  be  "the  man  who  makes  the  paper  talk."  His  body  was 
found  not  mutilated  in  the  slightest  degree.  His  notes  were  gathered  up  and 
brought  to  Mr.  Lounsberry  without  a  missing  page.  Lieutenant  Bradley, 
Seventh  Infantry,  was  the  first  to  reach  "the  field  of  carnage." 

Maj.  James  S.  Brisbin  of  Gibbon's  command  filled  a  pass  book  with  incidents 
as  he  saw  them  on  the  battlefield,  the  position  and  condition  of  the  dead.  There 
were  no  wounded  in  Custer's  party.  All  were  slain  save  the  Crow  scout  Curley, 
who  put  on  a  Sioux  blanket  and  managed  to  escape  but  completely  dazed.  Bris- 
bin's  contribution  was  brought  by  Dr.  H.  R.  Porter,  with  the  request  that  it  be 
given  to  the  New  York  Herald.  It  was  but  a  small  part  of  the  story  as  given  to 
the  Herald,  and  to  the  world  through  that  great  newspaper.  Other  papers  had 
brief  bulletins :  The  Herald  had  it  all ;  their  telegraph  tolls  amounting  to  some 
$3,000  for  that  single  story  sent  by  one  newspaper  correspondent.  But  every 
officer  and  every  man  was  ready  and  anxious  to  assist  in  making  the  story 
complete.  When  General  Terry  reached  Bismarck  he  filed  his  official  dispatches 
and  at  the  same  time  aroused  Colonel  Lounsberry,  whom  he  caused  to  be  fur- 
nished with  an  official  list  of  the  dead  and  wounded  and  with  all  possible  facts. 
His  staff  officers  were  equally  courteous.  Dr.  Porter,  Fred  Girard  and  a  score 
of  others  contributed  to  the  story  begun  by  Kellogg  in  his  brief  dispatch  from 
the  Rosebud.  John  M.  Carnahan  was  the  manager  of  the  Bismarck  telegraph 
office.  S.  B.  Rogers  was  his  able  assistant.  Here  is  absolutely  the  first  accoimt 
published  July  6,  1876,  as  it  came  hot  from  the  field  of  battle  and  dropped  from 
the  lips  of  those  who  saw  the  dead  and  participated  in  the  affair  with  Reno  or 
in  other  incidents  of  the  expedition.  And  Grant  ]\Iarsh,  whose  boat  fairly  skipped 
on  the  surface  of  the  waters  of  the  Missouri,  coming  down  at  the  rate  of  twenty 
miles  an  hour,  also  contributed  his  mite  to  the  story  as  published  in  the  New 
York  Herald,  delayed  in  part  one  day  in  transmission  from  St.  Paul. 

The  battle  was  June  25th.  The  Far  West  arrived  at  Bismarck  at  11  P.  M., 
Julv  5th.  Before  her  arrival  there  was  uneasiness  at  Fort  A.  Lincoln.  The 
expected  courier  did  not  come.  There  was  reticence  and  strange  actions  on  the 
part  of  the  Indians  in  the  vicinity.  It  was  felt  that  they  had  heard  some  news 
or  that  they  were  contemplating  an  uprising,  but  no  whisper  of  the  great  disaster 
was  heard.  Bismarck  shared  the  anxiety  of  those  at  Fort  A.  Lincoln.  Longing 
eyes  were  cast  to  the  west  in  the  hope  that  the  expected  courier  might  appear. 


312  HISTORY  OF  NORTH  DAKOTA 

From  Salt  Lake  there  came  a  rumor  that  a  battle  had  been  fought,  but  there 
were  absolutely  no  details.  When  or  where  no  one  pretended  to  know.  General 
Sheridan  was  most  emphatic  in  his  denunciation  of  the  story.  The  first  news 
that  gave  any  information  came  from  Bismarck,  and  the  first  publication,  aside 
from  a  bulletin  sent  out  by  the  Tribune  which  appeared  in  the  New  York  Herald 
of  July  6th,  was  in  the  Bismarck  Tribune  of  that  date. 

There  were  no  Mergenthalers  then.  Composition  was  by  the  slow  hand 
process  and  there  were  but  two  printers  in  town.  They  took  the  pages  as  they 
fell  hot  from  the  hand  of  one  who  was  at  the  same  time  furnishing  a  50,000 
word  press  report,  who  had  only  time  to  give  them  facts,  and  here  is  the  account 
as  it  was  then  published,  and  it  is  indeed  worthy  of  a  place  as  it  was  then  written, 
in  the  history  of  Dakota. 

MASSACRED. 


General  Custer  and  261  Men  the  Victims. 


No  Officer  or  Man  Left  to  Tell  the  Tale. 


Three  Days  Desperate  Fighting  by  Major  Reno  and  the  Remainder  of  the 

Seventh. 


Full  Details  of  the  Battle. 


List  of  Killed  and  Wounded. 


The  Bismarck  Tribune's  Special  Correspondent   Slain. 


Squaws  Mutilate  and  Rob  the  Dead. 


Victims  Captured  Alive  Tortured  in  a  Most  Fiendish  Manner. 


What  Will  Cons^ress  Do  About  It? 


Shall  This   Be  the  Beginning  of  the  End? 


"We  leave  the  Rosebud  tomorrow  and  by  the  time  this  reaches  you  we  will 
have 

Met  and  Fought 
the  red  devils  with  what  result  remains  to  be  seen.     I  go  with  Custer  and  will  be 
at  the  death." 

How  true!  On  the  morning  of  the  22d  (it  was  at  noon)  General  Custer  took 
up  the  line  of  march  for  the  trail  of  the  Indians  reported  by  Reno  on  the  Rosebud. 
General  Terry,  apprehending  danger,  urged  Custer  to  take  additional  men  but 
Custer,  having  full  confidence  in  his  men  and  in  their  ability  to  cope  with  the 
Indians  in  whatever  force  he  might  meet  them,  declined  the  proffered  assistance 
and  marched  with  his  regiment  alone.  He  was  instructed  to  strike  the  trail  of 
the  Indians,  to  follow  it  until  he  discovered  their  position,  and  report  by  courier 


HISTORY  OF  NORTH  DAKOTA  313 

to  General  Terry  (see  note),  who  would  reach  the  mouth  of  the  Little  Horn  by 
the  evening  of  the  26th,  when  he  would  act  in  concert  with  Custer  in  the  final 
wiping  out.  At  4  o'clock  in  the  afternoon  of  the  24th,  Custer's  scouts  reported 
the  location  of  a  village  recently  deserted,  whereupon  Custer  went  into  camp, 
marching  again  at  11  P.  M.,  continuing  the  march  until  daylight,  when  he  again 
went  into  camp  for  coffee.  Custer  was  then  fifteen  miles  from  the  village  located 
on  the  Little  Horn,  one  of  the  branches  of  the  Big  Horn,  twenty  miles  above  its 
mouth,  which  could  be  seen  from  the  top  of  the  divide,  and  after  lunch  General 
Custer  pushed  on.  The  Indians  by  this  time  had  discovered  his  approach  and  soon 
were  seen  mounting  in  great  haste,  riding  here  and  there,  it  was  presumed  in  full 
retreat.  This  idea  was  strengthened  by  finding  a  freshly  abandoned  Indian 
camp  with  a  deserted  tepee,  in  which  one  of  their  dead  had  been  left,  about  six 
miles  from  where  the  battle  took  place.  Custer  with  his  usual  vigor  pushed  on, 
making  seventy-eight  miles  without  sleep,  and  attacked  the  village  near  its  foot 
with  Companies  C,  E,  F,  I  and  L  of  the  Seventh  Cavalry,  Reno  having  in  the 
meantime  attacked  it  at  its  head  with  three  companies  of  cavalry  which,  being 
surrounded,  after  a  desperate  hand  to  hand  conflict  in  which  many  were  killed 
and  wounded,  cut  their  way  to  a  blufif  about  three  hundred  feet  high,  where  they 
were  reinforced  by  four  companies  of  cavalry  under  Colonel  Benteen.  In  gain- 
ing this  position  Colonel  Reno  had  to  recross  the  Little  Horn,  and  at  the  ford  the 
hottest  fight  occurred.  It  was  here  that  Lieutenants  Mcintosh,  Hodgson  and 
Doctor  DeWolf  fell ;  where  Charley  Reynolds  fell  in  a  hand-to-hand  conflict  with 
a  dozen  or  more  Sioux,  emptying  several  chambers  of  his  revolver,  each  time 
bringing  down  a  redskin  before  he  was  brought  down — shot  through  the  heart. 
It  was  here  Bloody  Knife  surrendered  his  spirit  to  the  one  who  gave  it,  fighting 
the  natural  and  hereditary  foes  of  his  tribe,  as  well  as  the  foes  of  the  whites. 

The  ford  was  crossed  and  the  summit  of  the  bluffs,  having,  Colonel  Smith 
says,  the  steepest  sides  that  he  ever  saw  ascended  by  a  horse  or  mule,  reached, 
though  the  ascent  was  made  under  a  galling  fire. 

The  Sioux  dashed  up  beside  the  soldiers,  in  some  instances  knocking  them 
from  their  horses  and  killing  them  at  their  pleasure.  This  was  the  case  with 
Lieutenant  Mcintosh,  who  was  unarmed  except  for  a  saber.  He  was  pulled  from 
his  horse,  tortured  and  finally  murdered  at  the  pleasure  of  the  red  devils.  It  was 
here  that  Fred  Girard  was  separated  from  the  command  and  lay  all  night  with 
the  screeching  fiends  dealing  death  and  destruction  to  his  comrades  within  a  few 
feet  of  him  and — but  time  will  not  permit  us  to  relate  the  story — through  some 
means  succeeded  in  saving  his  fine  black  stallion  in  which  he  took  so  much  pride. 

The  ford  was  crossed  and  the  summit  of  the  bluffs,  having.  Colonel  Smith 
says,  the  steepest  sides  that  he  ever  saw  ascended  by  a  horse  or  mule,  reached, 
though  the  ascent  was  made  under  a  galling  fire. 

The  companies  engaged  in  this  aiifair  were  those  of  Captains  Boylan,  French 
and  Mcintosh.  Colonel  Reno  had  gone  ahead  with  these  companies  in  obedience 
to  the  order  of  General  Custer,  fighting  most  gallantly,  driving  back  repeatedly 
the  Indians  who  charged  in  their  front,  but  the  fire  from  the  blufif  was  so  galling, 
it  forced  the  movement  heretofore  alluded  to.  Signals  were  given  and  soon 
Benteen  with  the  four  companies  in  reserve  came  up  in  time  to  save  Reno  from 
the  fate  with  which  Custer  about  this  time  met.  The  Indians  charged  the  hill  time 
and  time  again,  but  were  each  time  repulsed  with  heavy  slaughter  by  its  gallant 


314  HISTORY  OF  NORTH  DAKOTA 

defenders.  Soon  however,  they  reached  bluffs  higher  than  those  occupied  by 
Reno,  and  opened  a  destructive  fire  from  points  beyond  the  reach  of  cavalry 
carbines.  Nothing  being  heard  from  Custer,  Colonel  Weir  was  ordered  to  push 
his  command  along  the  bank  of  the  river  in  the  direction  he  was  supposed  to 
be,  but  he  was  soon  driven  back,  retiring  with  difficulty.  About  this  time  the 
Indians  received  strong  reinforcements,  and  literally  swarmed  the  hillsides  and 
on  the  plains,  coming  so  near  at  times  that  stones  were  thrown  into  the  ranks  of 
Colonel  Reno's  command  by  those  unarmed  or  out  of  ammunition.  Charge  after 
charge  came  in  quick  succession,  the  fight  being  sometimes  almost  hand-to-hand. 
But  they  finally  drew  off,  taking  to  the  hills  and  ravines.  Colonel  Benteen  charged 
a  large  party  in  a  ravine,  driving  them  from  it  in  confusion.  They  evidently 
trusted  in  their  numbers  and  did  not  look  for  so  bold  a  movement.  They  were 
within  range  of  the  corral  and  wounded  several  packers,  J.  C.  Wagoner  among 
the  number,  wounded  in  the  head,  while  many  horses  and  mules  were  killed. 
Near  lo  o'clock  the  fight  closed,  and  the  men  worked  all  night  strengthening 
their  breastworks,  using  knives,  tin  cups  and  plates  in  place  of  spades  and  picks, 
taking  up  the  fight  again  in  the  morning.  In  ihe  afternoon  of  the  second  day  the 
desire  for  water  became  almost  intolerable.  The  wounded  were  begging  piteously 
for  it.  The  tongues  of  the  men  were  swollen  and  their  lips  parched,  and  from  lack 
of  rest  they  were  almost  exhausted.  So  a  bold  attempt  was  made  for  water. 
Men  volunteered  to  go  with  canteens  and  camp  kettles,  though  to  go  was  almost 
certain  death.  The  attempt  succeeded,  though  in  making  it  one  man  was  killed 
and  several  wounded.  The  men  were  relieved  and  that  night  the  animals  were 
watered.  The  fight  closed  at  dark,  opening  again  the  next  morning,  and  contin- 
uing until  the  afternoon  of  the  27th.  Meantime  the  men  became  more  and  more 
exhausted  and  all  wondered  what  had  become  of  Custer.  A  panic  all  at  once  was 
created  among  the  Indians  and  they  stampeded  from  the  hills  and  from  the  valley, 
and  the  village  was  soon  deserted,  except  for  the  dead.  Reno  and  his  brave  band 
felt  that  succor  was  nigh. 

General  Terry  came  in  sight  and  strong  men  wept  upon  each  other's  necks 
but  no  word  was  had  from  Custer.  Hand  shaking  and  congratulations  were 
scarcely  over  when  Lieutenant  Bradley  reported  that  he  had  found  Custer  dead 
with  190  cavalrymen.  Imagine  the  effect.  Words  cannot  picture  the  feeling 
of  these,  his  comrades  and  soldiers.  General  Terry  sought  the  spot  and  found 
it  to  be  true.  Of  those  brave  men  that  followed  Custer,  all  perished.  No  one 
lives  to  tell  the  story  of  the  battle.  Those  deployed  as  skirmishers  lay  as  they 
fell,  shot  down  from  every  side,  having  been  entirely  surrounded  in  an  open 
plain. 

The  men  in  the  companies  fell  in  platoons,  and,  like  those  on  the  skirmish 
line,  lay  as  they  fell,  with  their  officers  behind  them  in  their  proper  positions. 
General  Custer,  who  was  shot  through  the  head  and  body,  seemed  to  have  been 
among  the  last  to  fall,  and  around  and  near  him  iay  the  bodies  of  Colonel  Tom  and 
Boston,  his  brothers.  Colonel  Calhoun,  his  brother-in-law,  and  his  nephew,  young 
Reed,  who  insisted  on  accompanying  the  expedition  for  pleasure.  Colonel  Cook  and 
the  members  of  the  non-commissioned  staff  all  dead — all  stripped  of  their  cloth- 
ing and  many  of  them  with  bodies  horribly  mutilated.  The  squaws  seemed  to 
have  passed  over  the  field  and  crushed  the  skulls  of  the  wounded  and  dying  with 
stones  and  clubs.     The  heads  of  some  were  severed  from  the  body,  the  privates 


HISTORY  OF  NORTH  DAKOTA  315 

of  some  were  cut  off,  while  others  bore  traces  of  torture,  arrows  having  been 
shot  into  their  private  parts  while  yet  living,  or  other  means  of  torture  adopted. 

The  officers  who  fell  were  as  follows :  Gen.  G.  A.  Custer,  Cols.  Geo.  Yates, 
Miles  Keogh,  James  Calhoun,  W.  W.  Cook,  Captains  Mcintosh,  A.  E.  Smith, 
Lieutenants  Riley,  Critenden,  Sturgis,  Harrington,  Hodgson  and  Porter,  Assistant 
Surgeon  DeWolf.  The  only  citizens  killed  were  Boston  Custer,  Mr.  Reed, 
Charles  Reynolds,  Isaiah,  the  interpreter  from  Fort  Rice,  and  Mark  Kellogg,  the 
latter  the  Tribune  Correspondent.  The  body  of  Kellogg  alone  remained  unstrip- 
ped  of  its  clothing,  and  was  not  mutilated.  Perhaps  as  they  had  learned  to  respect ' 
the  Great  Chief,  Custer,  and  for  that  reason  did  not  mutilate  his  remains  they 
had  in  like  manner  learned  to  respect  this  humble  shover  of  the  lead  pencil  and  to 
that  fact  may  be  attributed  this  result.  The  wounded  were  sent  to  the  rear 
some  fourteen  miles  on  horse  litters,  striking  the  Far  West  sixty  odd  miles  up 
the  Big  Horn,  which  point  they  left  on  Monday,  July  3,  at  noon,  reaching  Bis- 
marck, 900  miles  distant,  at  11  P.  M.,  Wednesday,  July  5. 

The  burial  of  the  dead  was  sad  work,  but  they  were  all  decently  interred. 
Many  could  not  be  recognized ;  among  the  latter  class  were  some  of  the  officers. 
This  work  being  done  the  command  worked  its  way  back  to  the  base,  where 
General  Terry  (his  command)  awaits  supplies  and  approval  of  his  plans  for  the 
future  campaign. 

The  men  are  worn  out  with  marching  and  fighting,  and  are  almost  wholly 
destitute  of  clothing. 

The  Indians  numbered  at  least  1,800  lodges  in  their  permanent  camp,  while 
those  who  fought  Crook  seemed  to  have  joined  them,  making  their  effective 
fighting  force  nearly  four  thousand.  These  were  led  by  chiefs  carrying  flags 
of  various  colors,  nine  of  whom  were  found  in  a  burial  tent  on  the  field  of 
battle.  Many  other  dead  were  found  on  the  field,  and  near  it  ten  squaws 
at  one  point  in  a  ravine — evidently  the  work  of  Ree  or  Crow  scouts. 

The  Indian  dead  were  great  in  number,  as  they  were  constantly  assaulting 
an  inferior  force.  The  camp  had  the  appearance  of  being  abandoned  in  haste. 
The  most  gorgeous  ornaments  were  found  on  the  bodies  of  the  dead  chiefs  and 
hundreds  of  finely  dressed  and  painted  robes  and  skins  were  thrown  about  the 
camp.     The  Indians  were  certainly  severely  punished. 

We  said  none  of  those  who  went  into  battle  with  Custer  are  living — one  Crow 
scout  hid  himself  in  the  field  and  witnessed  and  survived  the  fight.  His  story  is 
plausible  and  is  accepted,  but  we  have  no  room  for  it  now.  The  names  of  the 
wounded  are  as  follows  : 

Priv.  Davis  Corey,  Company  I,  Seventh  Cavalry,  right  hip ;  Patrick  McDon- 
nall,  D,  left  leg;  Sergt.  John  Paul,  H,  back;  Privts.  Michael  C.  Madden,  K,  right 
leg;  Wm.  George,  H,  left  side,  died  July  3,  at  4  A.M. ;  First  Sergt.  Wm.  Heyn, 
A,  left  knee;  Priv.  John  McVay,  C,  hips;  Patrick  Corcoran,  K,  right  shoulder; 
Max  Wilke,  K,  left  foot;  Alfred  Whitaker,  C,  right  elbow;  Peter  Thompson, 
C,  right  hand ;  Jacob  Deal,  A,  face ;  J.  H.  Meyer,  M,  back ;  Roman  Rutler, 
M,  right  shoulder;  Daniel  Newell,  M,  left  thigh;  Jas.  Muller,  H,  right  thigh; 
Elijah  T.  Stroude,  A,  right  leg;  Sergt.  Patrick  Carey,  M,  right  hip;  Priv.  Jas.  E. 
Bennett,  C,  body,  died  July  5,  at  3  o'clock;  Francis  Reeves,  A,  left  side  and  body; 
James  Wilbur,  M,  left  leg;  Jasper  Marshall,  L,  left  foot;  Sergt.  Jas.  T.  Riley, 
E,  back  and  left  leg;  Priv.  John  J.  Phillips,  H,   face  and  both  hands;  Samuel 


316  HISTORY  OF  NORTH  DAKOTA 

Severn,  H,  both  thighs;  Frank  Brunn,  ]\I,  face  and  left  thigh;  Corp.  Alex  B. 
Bishop,  H,  right  arm;  Priv.  Jas.  Foster,  A,  right  arm;  W.  E.  Harris,  M,  left 
breast;  Chas.  H.  Bishop,  H,  right  arm;  Fred  Homsted,  A,  left  wrist;  Sergt. 
Chas.  White,  M,  right  arm;  Priv.  Thos.  P.  Varnerx,  M,  right  ear;  Chas.  Camp- 
bell, C,  right  shoulder;  John  Cooper,  H,  right  elbow;  John  McGuire,  C,  right 
arm;  Henry  Black,  H,  right  hand;  Daniel  McWilliams,  H,  right  leg. 

An  Indian  scout,  name  unknown,  left  off  at  Berthold;  Sergt.  M.  Riley,  Com- 
pany I,  Seventh  Infantry,  left  off  at  Buford,  consumption ;  Priv.  David  Ackison, 
Company  E,  Seventh  cavalry,  left  off  July  4th  at  Buford,  constipation. 

The  total  number  of  killed  was  261 ;  wounded  52.  Thirty-eight  of  the 
wounded  were  brought  down  on  the  Far  West;  three  of  them  died  en  route. 
The  remainder  were  cared  for  at  the  field  hospital. 

De  Rudio  had  a  narrow  escape  and  his  escape  is  attributed  to  the  noise  of 
beavers,  jumping  into  the  river  during  the  engagement.  De  Rudio  followed 
them,  got  out  of  sight  and  after  hiding  for  twelve  hours  or  more  finally  reached 
the  command  in  safety. 

The  body  of  Lieutenant  Hodgson  did  not  fall  into  the  hands  of  the  Indians ; 
that  of  Lieutenant  Mcintosh  did,  and  was  badly  mutilated.  Mcintosh,  though 
a  halfbreed,  was  a  gentleman  of  culture  and  esteemed  by  all  who  knew  him. 
He  leaves  a  family  at  Lincoln,  as  do  General  Custer,  Colonels  Calhoun  and 
Yates,  Captain  Smith  and  Lieutenant  Porter.  The  -unhappy  ]\Irs.  Calhoun  loses 
a  husband,  three  brothers  and  a  nephew.  Lieutenant  Harrington  also  had  a  fam- 
ily, but  no  trace  of  his  remains  was  found.  We  are  indebted  to  Colonel  Smith 
for  the  following  full  list  of  the  dead :  to  Doctor  Porter  for  the  list  of  wounded, 
which  is  also  full. 


KILLED. 

FIELD    .\ND    STAFF 


Brevet   Maj.   Gen.   George  A.    Custer;   Lieut.-Col.   W.    W.    Cook;   Assistant 
Surgeon,  — .  Lord ;  Acting  Asst.  Surgeon,  J.  M.  De  Wolf. 

NONCOMBAT.\NT  ST.VFF 

Surgeon  Maj.  W.  W.  Sharrow ;  Chief  Trumpeter  Henry  Voss. 

COMPANY    A 

Corporals  Henry  Dallans,  G.  K.  King;  Privates  J.  E.  Armstrong,  Jas.  Drinaw, 
Wm.  Moody,  R.  Rowline,  Jas.  McDonald,  John  Sullivan,  Thos.  P.  Switzer. 

COMP.^NY    B 

Second  Lieut.  Benj.  Hodgson,  Privates  Richard  Doran  and  Geo.  Mask. 

COMPANY  c 

Brevet  Lieut.-Col.  T.  W.  Custer;  Second  Lieut.  H.  H.  Harrington  (the  body 
of  Lieutenant  Harrington  was  not  found  but  it  is  reasonably  certain  that  he  was 


HISTORY  OF  NORTH  DAKOTA  317 

killed)  ;  First  Sergt.  Edwin  Baba,  Sergts.  Finley  and  Finkle,  Corps.  French, 
Foley  and  Ryan;  Privates  Allen,  Criddle,  King,  Bucknell,  Eisman,  Engle,  Bright- 
field,  Fanand,  Griffin,  Hamlet,  Hattisoll,  Kingsoutz,  Lewis,  Mayer,  Mayer,  Phil- 
lips, Russell,  Rix,  Ranter,  Short,  Shea,  Shade,  Stuart,  St.  John,  Thadius,  Van 
Allen,  Warren,  Windham,  Wright. 

COMPANY  D 

Farrier  Charley  Vincent,  Privates  Patrick  Golden  and  Edward  Hanson. 

COMPANY  E 

Brevet  Capt.  A.  E.  Smith,  Second  Lieut.  E.  Sturgis  (the  body  of  Lieutenant 
Sturgis  was  not  found,  but  it  is  reasonably  certain  he  was  killed)  ;  First  Sergt. 
F.  Hohmeyer,  Sergts.  Egnen  and  James ;  Corp.  Hagan,  Privates  Snow  and 
Hughes. 

COMPANY  L 

First  Lieut.  Jas.  Calhoun,  Privates  Miller,  Tweed,  Veller,  Cashan,  Keifer, 
Andrews,  Crisfield,  Hamington,  Haugge,  Kavaugh,  Lobering,  Mahoney,  Schmidt, 
Lunan,  Semenson,  Riebold,  O'Connell,  J.  J.  Crittenden  (Twentieth  Infantry), 
First  Sergts.  Butler  and  Warren,  Corps.  Harrison,  Gilbert  and  Seiller;  Trptr. 
Walsh,  Privates  Adams,  Assdely,  Burke,  Cheever,  McGue,  McCarthy,  Dugan, 
Maxwell,  Scott,  Babcock,  Perkins,  Tarbox,  Dye,  Tessler,  Galvin,  Graham, 
Hamilton,  Rodgers. 

COMPANY    K 

First  Sergt.  D.  Winney,  Sergt.  Hughes,  Corp.  J.  J.  Callahan,  Trptr.  Julius 
Helmer,  Private  Eli  U.  T.  Clair. 

COMiPANY   I 

Col.  M.  W.  Keogh,  Lieut.  J.  E.  Porter  (the  body  of  Lieutenant  Porter  was 
not  found,  but  it  is  reasonably  certain  he  was  killed)  ;  First  Sergts.  F.  E.  Varden 
and  J.  Burtand ;  Corps.  John  Wild,  G.  C.  Morris  and  S.  T.  Staples ;  Trptrs. 
J.  M.  Gycker  and  J.  Patton;  Blacksmith  H.  A.  Bailey;  Privates  J.  E.  Broadhurst, 
J.  Barry,  J.  Connors,  T.  P.  Downing,  Mason,  Blorm.  Meyer;  Trptrs.  McElroy 
and  Mooney;  Privates  Baker,  Boyle,  Bauth,  Conner,  Daring,  Davis,  Farrell, 
Hiley,  Huber,  Hime,  Henderson,  Henderson,  Leddison,  O'Conner,  Rood,  Reese, 
Smith  1st,  Smith  2d,  Smith  3d,  Stella,  Stafford,  Schoole,  Smallwood,  Tarr, 
Vaugant,  Walker,   Bragew,  Knight. 

COMPANY  F 

Capt.  G.  W.  Yates;  Second  Lieut.  W.  Van  Rieley;  First  Sergt.  Kenney ; 
Sergts.  Nursey,  Vickory  and  Wilkinson;  Corps.  Coleman,  Freeman  and  Briody; 
Farrier  Brandon;  Blacksmith  Manning;   Privates  Atchison,  Brown   ist.  Brown 


318  HISTORY  OF  NORTH  DAKOTA 

2d,  Bruce,  Brady,  Burnham,  Gather,  Carney,  Dohman,  Donnelly,  Gardiner,  Ham- 
mon,  Kline,  Krianth,  Luman,  Losse,  James  Milton,  Madson,  Monroe,  Ruddew,. 
Omeling,  Siefous,  Sanders,  Wanew,  Way,  Lerock,  Kidey,  E.  C.  Driscoll,  D.  G. 
Gillette,  G.  H.  Gross,  E.  P.  Holcomb,  M.  E.  Horn,  Adam  Hitismer,  P.  idlley, 
Fred  Lehman,  Henry  Lehman,  E.  P.  Lloyd,  A.  Mclchargey,  J.  Mitchell,  J. 
Noshaug,  J.  O'Bryan,  J.  Parker,  E.  J-  Fitter,  Geo.  Post.  Jas.  Quinn,  Wm.  Reed, 
J.  W.  Rossberg,  D.  L.  Lymons,  J.  E.  Troy,  Gharles  Van  Bramer  and  W:  B. 
Whaley. 

COMPANY    G 

First  Lieut.  Daniel  McLitosh ;  Sergts.  Edward  Botzer  and  M.  Gonsidine ;. 
Capts.  James  Martin  and  Otto  Hageman ;  Farrier  Benjamin  Wells ;  Trptr. 
Henry  Dose;  Saddler  Grawford  Selby;  Privates  Benjamin  F.  Rodgers,  Andrew 
J.  Moore,  John  J.  McGinniss,  Edward  Stanley,  Henry  Seafferman  and  John 
Papp ;  Gorp.  George  Lee ;  Privates  Julian  D.  Jones  and  Thomas  E.  Meador. 

COMPANY    M 

Sergt.  Miles  F.  O'Hara;  Gorps.  Henry  M.  Scollier  and  Fred  Stringer; 
Privates  Henry  Gordon,  H.  Klotzbursher,  G.  Lawrence,  W.  D.  Meyer,  G.  E. 
Smith,  D.  Somers,  J.  Tanner,  H.  Tenley  and  H.  G.  Voyt. 

CIVILIANS 

Boston  Guster,  Arthur  Reed,  Mark  Kellogg,  Gharles  Reynolds,  Frank  G. 
Mann. 

INDIAN    SCOUTS 

Bloody  Knife,  Bobtailed  Bull  and  Stab. 

Total  number  of  commissioned  officers  killed 14 

Acting   assistant    surgeon I 

Enlisted  men   237 

Givilians    5 

Indian  scouts 3 

Note. — An  officer  of  Ouster's  regiment  penciled  on  the  margin  of  this  account 
the  following: 

"Our  march  on  June  24th  was  twenty-eight  miles;  leaving  barracks  at  11 
P.  M.,  we  marched  eight  miles ;  halted  at  2  A.  M.,  25th ;  again  marched  at 
8  A.  M.  till  10:30  A.  M.  Then  about  noon  took  up  our  march  for  the  attack. 
Up  to  this  time  we  had  marched  about  forty-eight  miles." 

DOCTOR   porter's    STORY 

On  his  return  from  the  Custer  battlefield  in  charge  of  the  wounded  Dr.  Henry 
R.  Porter,  one  of  the  surviving  heroes  of  that  expedition,  though  now  called  to 


HISTORY  OF  NORTH  DAKOTA  319 

his  long  home,  gave  a  most  interesting  account  of  the  battle  of  the  Little  Big 
Horn,  so  far  as  it  related  to  Reno's  command,  and  of  the  trip  down  the  river 
with  the  wounded.  The  story  written  for  the  St.  Paul  Pioneer  Press  at  the  time 
by  John  A.  Rea,  the  following  extracts  are  made,  speaking  of  Reno's  command : 
■'Captain  Mcintosh  fell,  and  Charley  Reynolds,  the  scout  that  Custer  loved. 
Porter  was  beside  a  dying  soldier.  His  orderly  and  supplies  were  gone,  and  the 
command  was  off  several  hundred  yards.  He  was  alone.  The  bullets  were 
pruning  the  trees,  and  terrific  yells  were  sounding  the  alarm  of  universal  death. 
Porter  left  his  lost  patient  and  led  his  horse  to  the  embankment  that  protected  the 
woods.  He  was  startled  by  Indians  dashing  by  him  within  ten  feet.  They  were 
rushing  along  the  foot  of  the  little  bluff.  Their  aim  was  so  direct  in  the  line 
of  Reno's  flying  battalion  that  Porter's  presence  was  unnoticed.  He  was  un- 
armed and  his  powerful  black  horse  reared  and  plunged  as  if  he  were  mad. 
Porter  saw  the  fate  that  was  in  the  immediate  future  if  that  horse  escaped  before 
he  was  on  his  back.  He  held  on  with  superhuman  strength.  He  could  hold 
him  but  that  was  all.  To  gain  the  saddle  seemed  a  forlorn  hope.  Leap  after 
leap  with  the  horse  quicker  than  he.  It  was  a  brief  ordeal,  but  in  the  face  of 
death  it  was  a  terrible  one.  One  supreme  effort  and  half  in  the  saddle  the  dusky 
charger  bore  away  his  master  like  the  wind.  He  gained  the  full  seat,  and  lying 
close  upon  his  savior's  neck,  was  running  a  gauntlet  where  the  chances  of  death 
were  a  thousand  to  one.  The  Indians  were  quick  to  see  the  lone  rider,  and  a 
storm  of  leaden  hail  fell  around  him.  He  had  no  control  of  his  horse.  It  was 
only  a  half  mile  dash,  but  it  was  a  wild  one.  The  horse  was  frenzied.  He 
reached  the  river  in  a  minute  and  rushed  up  the  bank  where  Reno  had  gone  and 
was  then  recovering  himself.     The  horse  and  rider  were  safe.     It  was  destiny. 

"Porter's  associate  was  killed  and  he  was  alone.  The  afternoon  of  the  25th, 
all  night,  throughout  the  26th,  the  night  of  that  date  and  the  27th,  Porter  worked 
as  few  men  are  ever  called  upon  to  work.  He  had  no  idea  that  he  would  get  out 
alive,  and  believed  every  man  around  him  was  doomed.  Still  he  was  the  same 
ccol  and  skillful  surgeon  that  he  is  today.  He  had  a  duty  to  perform  that 
seldom  falls  to  a  man  of  twenty-six,  and  yet  he  performed  it  nobly.  He  was 
surrounded  by  the  dead,  dying  and  wounded.  Men  were  crying  for  water,  for 
help,  for  relief,  for  life.  For  twenty-four  hours  there  was  no  water.  The  sun 
was  blazing  hot,  the  dead  horses  were  sickening,  the  air  heavy  with  a  hundred 
smells,  the  bullets  thick,  the  men  falling  and  the  bluffs  for  miles  black  with 
jubilant  savages. 


A  LIGHTNING  STE.'\MBO.'\T   RIDE     , 

"The  steamer  Far  West  was  moored  at  the  mouth  of  the  Little  Big  Horn. 
She  was  the  supply  boat  of  the  expedition  and  had  made  her  way  up  the  Big 
Horn  farther  than  any  other  boat.  She  had  performed  one  exploit  unprecedented 
in  western  river  navigation  in  reaching  the  mouth  of  the  Little  Big  Horn,  and 
was  ready  to  perform  another  feat  unequaled  in  steamboating  in  the  West.  The 
wounded  were  carried  on  board  of  the  steamer  and  Doctor  Porter  was  detailed 
to  go  down  with  them.    Terry's  adjutant,  general.  Col.  Ed  Smith,  was  sent  along 


320  HISTORY  OF  NORTH  DAKOTA 

with  the  official  dispatches,  and  a  hundred  other  messages.  He  had  a  traveling 
bag  full  of  telegrams  for  the  Bismarck  office.  Capt.  Grant  Marsh  of  Yankton 
was  in  command  of  the  Far  West.  He  put  everything  in  the  completest  order 
and  took  on  a  large  amount  of  fuel.  He  received  orders  to  reach  Bismarck  as 
soon  as  possible.  He  understood  his  instructions  literally  and  never  did  a  river 
man  obey  more  conscientiously.  On  the  evening  of  July  3d  the  steamer  weighed 
anchor.  In  a  few  minutes  the  Far  West,  so  fittingly  named,  was  under  full 
head  of  steam.  It  was  a  strange  land  and  an  unknown  river.  What  a  cargo  on 
that  steamer.  What  news  for  the  country.  What  a  story  to  carry  to  the  Gov- 
ernment, to  Fort  Lincoln,  to  the  widows. 

"It  was  running  from  a  field  of  havoc  to  a  station  of  mourners.  The  Far 
West  never  received  the  credit  due  her.  Neither  has  the  gallant  Marsh.  Nor 
the  pilots  David  Campbell  and  John  Johnson.  Marsh,  too,  acted  as  pilot.  It 
required  all  of  their  endurance  and  skill.  They  proved  the  men  of  emergency. 
The  engineer,  whose  name  is  unknown  to  me,  did  his  duty.  Every  one  of  the 
crew  is  entitled  to  the  same  acknowledgment.  They  felt  no  sacrifice  was  too  great 
upon  that  journey,  and  in  behalf  of  the  wounded  heroes. 

"A  very  moderate  imagination  can  picture  the  scene  on  that  floating  hospital. 

There  were  wounds  of  every  character  and  men  more  dead  than  alive.     The 

suffering  was  not  terminated  by  the  removal  from  the  field  to  the  boiler  deck. 

It  continued  and  ended  in  death  in  more  than  one  instance  before  Fort  Lincoln 

was  hailed.     Here  again  the  son  of  N.  Y.  Mills,  of  the  Empire  state,  was  tested. 

Porter  watched  for  the  fifty-four  hours.     He  stood  the  test. 

********** 

"The  bold  captain  was  taking  chances,  but  he  scarcely  thought  of  them.  He 
was  under  flying  orders.  Lives  were  at  stake.  His  engineer  was  instructed  to 
keep  up  steam  at  the  highest  pitch.  Once  the  steam  gauge  marked  a  pressure 
that  turned  his  cool  head  and  made  every  nerve  in  his  powerful  frame  quiver. 
The  crisis  passed  and  the  Far  West  escaped  a  fate  more  terrible  than  Custer's. 
Once  a  stop  was  made  and  a  shallow  grave  explained  the  reason.  Down  the 
swift  Yellowstone,  like  shooting  the  Racine  rapids,  every  mile  a  repetition  of  the 
former!  From  the  Yellowstone  into  the  broad  Missouri,  and  then  there  was 
clear  sailing.  There  was  a  deeper  channel  and  more  confidence.  A  few  minutes 
was  lost  at  Buford.  Everybody  at  the  fort  was  beside  himself.  The  boat  was 
crowded  with  inquirers,  and  their  inquiries  were  not  half  answered  when  the 
steamer  was  away.  At  Berthold  a  wounded  scout  was  put  off,  and  at  Fort 
Stevenson  a  brief  stop  to  tell  in  a  word  what  had  happened.  There  was  no  dif- 
ference in  the  speed  from  Stevenson  to  Bismarck.  The  same  desperate  gait  was 
kept  up  to  the  end.  They  were  approaching  home  with  something  of  that  feeling 
which  always  moves  the  human  heart.  At  11  o'clock  on  the  night  of  July 
5th  they  reached  Bismarck  and  Fort  Abraham  Lincoln. 

"Doctor  Porter  and  Colonel  Smith  hurried  from  the  landing  up  town,  calling 
up  the  editor  of  the  Tribune  and  the  telegraph  operator.  The  latter.  J.  M. 
Carnahan,  took  his  seat  at  the  key  and  scarce  raised  himself  from  his  chair  for 
twenty-two  hours.  He,  too,  was  plucky,  and  what  he  sent  went  vibrating  around 
the  world  in  history." 

And  the  news  was  carried  to  the  stricken  families  at  Fort  Lincoln.  Imagine 
their  grief,  if  you  can;  their  sobs,  their  flood  of  tears.     The  grief  that  knew  no 


HISTORY  OF  NORTH  DAKOTA  321 

consolation.  The  fearful  depression  that  had  hung  over  the  fort  for  the  past  two 
days  had  its  explanation  then.  It  was  almost  stifling.  Men  and  women  moved 
an.xiously,  nervously  straining  their  eyes  for  the  expected  messenger,  listening 
as  footsteps  fell.  There  was  whispering  and  excitement  among  the  Indian  police. 
There  were  rumors  of  a  great  battle.  Those  who  saw  the  Indians  and  witnessed 
their  movements  knew  that  something  unusual  must  have  happened.  But  what? 
Who  would  not  have  given  worlds  to  know  just  why  all  this  excitement  among 
the  Indians.  Fleet-footed  warriors,  mounted  on  still  fleeter  animals,  aided  per- 
haps by  signals,  had  brought  the  news  to  them  even  before  the  arrival  of  the  Far 
West,  but  no  white  man  knew.  That  it  brought  joy  to  them  was  reason  enough 
for  depression  among  the  whites. 

A  few  more  battles,  a  few  more  skirmishes,  a  treaty  or  two,  and  the  Sioux 
warriors  gave  up  the  unequal  contest.  The  superiority  of  the  white  man  will 
never  be  acknowledged  by  the  Indian,  but  he  bows  to  the  powers  which  have 
subdued  him. 

INDIAN    TREATIES 

At  the  very  beginning  of  the  life  of  the  United  States,  it  not  only  became  its 
policy,  but  a  necessity,  to  treat  with  the  Indians.  They  contributed  in  no  small 
degree  to  the  success  of  the  Revolution.  The  first  formal  treaty  was  with  the 
Delawares,  September  17,  1778,  when  all  offenses  or  acts  of  hostility  by  one  or 
either  of  the  contracting  parties  were  mutually  forgiven  and  buried  in  the  depths 
of  oblivion,  never  more  to  be  had  in  remembrance,  and  each  agreed  to  assist  the 
other  if  either  should  be  engaged  in  war,  the  Delawares  agreeing  to  furnish 
warriors  for  the  then  prevailing  struggle. 

October  22,  1784,  the  United  States  gave  peace  to  the  Senecas,  Mohawks, 
Onondagas  and  Cayugas,  receiving  them  under  its  protection,  requiring  hostages, 
however,  for  the  safe  return  of  white  and  black  prisoners  held  by  the  Indians. 
In  1785  treaties  were  made  with  the  Wyandottes  and  Cherokces,  and  in  1786 
with  the  Choctaw,  Chickasaw  and  Shawnee  Indians;  with  the  Creeks  in  1790; 
with  the  five  nations  in  1792  ;  with  the  Oneidas  in  1794;  with  the  seven  nations  in 
Canada  in  1796;  with  the  Sauk  and  Foxes  in  1804,  and  with  the  Osage  November 
10,  1808,  the  latter  being  the  first  of  direct  interest  to  the  Dakotas. 

The  next  treaty  bearing  upon  the  Dakotas  was  with  the  Chippewas  also  in 
1808.  It  was  made  by  Governor  Hull,  of  Michigan  Territory,  on  the  part  of 
the  United  States,  and  with  the  Chippewas,  and  other  tribes  northwest  of  the 
Ohio  River,  extending  to  the  Great  Lakes,  the  home  of  the  Chippewas. 

William  Clark.  July  18,  1815,  made  a  treaty  of  peace  and  friendship  with  the 
Tetons,  in  which  it  was  agreed  that  every  act  of  hostility  should  be  mutually 
forgiven  and  forgot,  and  perpetual  peace  and  friendship  was  pledged ;  the  Tetons 
acknowledging  the  sovereignty  of  the  United  States.  The  next  day  a  similar 
treaty  was  made  with  the  "Sioux  of  the  Lakes,"  and  with  the  Yank-ton  Sioux. 
Other  treaties  followed  with  the  Osage  and  other  tribes  involved  in  the  war  of 
1812,  William  Clark.  Ninian  Edwards  and  Auguste  Chouteau  usually  representing 
the  United  States.  Many  previous  treaties,  broken  before  or  during  the  war, 
were  replaced  by  others,  and  apparently  a  new  era  was  entered.  Other  treaties 
followed,  which  have  been  mentioned  in  earlier  chapters. 


322  HISTORY  OF  NORTH  DAKOTA 

October  lo,  1865,  Governor  Edmunds,  of  Dakota,  concluded  a  treaty  at  Fort 
Sully  with  the  Minneconjous,  with  a  view  of  protecting  the  settlements  in 
Dakota.  Edward  B.  Taylor,  Maj.  Gen.  S.  R.  Curtis,  H.  H.  Sibley,  Henry  W. 
Reed  and  Orrin  Gurnse  acted  with  Governor  Edmunds.  This  treaty  provided 
for  an  overland  route  through  the  great  Sioux  reservation  for  which  the  Indians 
were  to  receive  $10,000  annually  for  twenty  years.  The  same  parties  negotiated 
a  treaty  at  the  same  time  with  the  Lower  Brule  bank,  the  Sansarc,  Hunkpapa, 
Yanktonais  and  other  Sioux  bands  for  the  same  purpose.  February  19,  1867, 
the  Waiipetons  and  Sissetons  ceded  the  right  to  construct  wagon  roads,  telegraph 
lines,  etc. 

After  the  treaty  of  1868,  made  with  General  Sherman  and  associates,  that  of 
1876  made  by  George  W.  Manypenny,  Rt.  Rev.  Henry  B.  Whipple,  Jared  W. 
Daniels,  Albert  G.  Boone,  Henry  W.  Bullis,  Newton  Edmunds  and  Augustine  S. 
Gaylord  was  next  in  importance.  It  was  the  good  fortune  of  the  writer  of 
these  pages  to  have  been  present  at  this  treaty,  to  have  heard  the  bitter  com- 
plaints of  the  Indians  and  their  pleas  for  justice,  and  to  have  witnessed  their  utter 
hopelessness,  excepting  as  they  had  faith  in  Bishop  Whipple  and  Newton  Ed- 
munds, their  tried  and  true  friends.  Here  was  an  attempt  in  good  faith  to  benefit 
the  Indians. 

September  20,  1872,  Moses  N.  Adams,  William  H.  Forbes  and  James  Smith, 
Jr.,  negotiated  with  Gabrielle  Renville,  head  chief  of  the  Sissetons,  and  others, 
for  all  of  their  lands  in  Dakota  excepting  certain  restricted  reservations  at  Lake 
Traverse  and  Devils  Lake.  This  was  amended  May  2,  1873,  and  under  that 
amended  treaty  all  question  was  removed  as  to  the  title  to  certain  lands  in  the 
Red  River  Valley,  and  the  lands  about  Fargo  became  free  public  lands. 

In  October,  1882,  Hon.  Newton  Edmunds,  Judge  Peter  C.  Shannon  and 
James  H.  Teller,  negotiated  a  treaty  with  the  Sioux  at  their  various  agencies  in 
which  they  agreed  to  divide  up  their  reservation  and  looking  to  the  allotment  of 
land  in  severalty.  They  were  also  to  be  provided  with  a  farmer  to  instruct  them, 
and  with  schools  and  other  advantages.  ^ 

By  the  act  of  March  2,  1889,  there  were  further  changes  made  in  the  Sioux 
reservation,  opening  a  small  portion  of  the  reservation  in  North  Dakota,  and 
confirming  by  law  other  portions.  Allotments  were  provided  for  and  citizenship, 
when  they  should  take  lands  in  severalty,  and  Indians  were  given  preference  for 
employment  on  reservation. 

The  Turtle  Mountain  reservation  was  created  by  executive  order  of  December 
21,  1882.  Two  years  later  it  was  limited  by  executive  order  to  the  two  townships 
now  occupied  by  them.  July  13,  1892,  a  commission  was  provided  for  by  act  of 
Congress  to  treat  with  the  Turtle  Mountain  band  for  their  removal,  and  the 
extinguishment  of  the  Indian  title  to  lands  claimed  by  them.  The  commission 
created  under  this  act  is  known  as  the  McCumber  commission,  and  resulted  in 
the  payment  of  a  large  sum  for  their  alleged  rights  to  other  lands.  The  two 
townships  reserved  for  them  by  executive  order,  was  wholly  allotted  to  them,  and 
other  members  of  the  tribe  were  provided  for  on  other  public  lands,  some  of 
them  settling  in  Montana,  and  others  in  the  Missouri  River  region  in  North 
Dakota. 

In  1886,  J.  V.  Wright,  Jared  W.  Daniels  and  Charles  F.  Larabee,  negotiated 
a  treaty  with  the  Berthold  Indians,  who  relinquished  a  considerable  portion  of 


HISTORY  OF  NORTH  DAKOTA  323 

their  reservation,  and  defining  that  remaining,  providing  for  the  allotment  of 
lands,  for  rewards  for  industry,  etc.  This  agreement  was  confirmed  by  act  of 
Congress,  March  3,  1891   (20  Stat.  1032). 

Wise  and  wholesome  laws  have  been  enacted  for  the  government  of  the 
Indians,  for  protection  of  their  persons  and  property;  for  the  education  of  their 
children;  and  in  every  possible  way  to  uplift  them.  Lands  claimed  by  them  are 
protected  from  the  encroachments  of  the  whites,  if  they  have  any  improvements 
on  them  of  any  value  whatever,  and  the  Government  will  incur  any  necessary 
expense  in  defending  them.  They  are  wards  of  the  Nation.  The  act  of  Febru- 
ary 8,  1887,  provides  for  their  becoming  citizens  when  they  shall  have  selected 
land  in  severalty,  throwing  around  them  all  of  the  guards  pertaining  to  citizen- 
ship, and  giving  them  all  of  its  rights,  while  protecting  their  homes  from  aliena- 
tion for  a  period  of  twenty-five  years. 

From  the  adoption  of  the  Articles  of  Confederation  it  became  the  fixed  policy 
of  the  United  States  to  protect  the  Indians  in  their  rights  to  the  land  occupied  or 
claimed  by  them.  By  clause  IX  of  the  articles  it  was  agreed  that  the  United 
States,  in  Congress  assembled,  should  have  the  sole  and  exclusive  right  and  power 
of  regulating  the  trade,  and  managing  all  affairs  with  the  Indians,  not  members 
of  any  of  the  states,  provided  that  the  legislative  rights  of  the  state  within  its 
own  limits  be  not  infringed  or  violated. 

By  the  proclamation  of  September  22,  1783,  all  persons  were  prohibited  from 
making  settlement  on  lands  inhabited  or  claimed  by  the  Indians,  without  the 
limits  or  jurisdiction  of  any  particular  state,  and  from  receiving  any  gift  or 
cession  of  such  lands  or  claims,  without  the  express  authority  and  direction  of  the 
United  States.  The  Constitution  of  the  United  States  provided  for  the  regula- 
tion of  commerce  with  the  Indians  and  for  their  care  through  its  general 
provisions. 

The  Indians  were  dealt  with  by  treaty  until  the  act  of  March  3,  187 1,  which 
provided  that  no  Indian  nation  or  tribe  within  the  territory  of  the  United  States 
shall  be  acknowledged  or  recognized  as  an  independent  nation,  tribe  or  power, 
with  whom  the  United  States  may  contract  by  treaty,  thus  changing  the  policy 
which  had  prevailed  since  the  treaty  with  the  Delawares  September  17,  1778. 

The  only  excepion  to  this  rule  was  in  the  treatment  of  the  Sioux  after  the 
Indian  outbreak  of  1862.  The  treaty  with  them  was  held  to  be  void,  their 
annuities  were  refused,  but  they  were  later  provided  for  through  the  Great  Sioux 
and  other  reservations.  The  United  States  claimed  their  lands  by  right  of 
conquest. 

Some  twelve  hundred  to  fifteen  hundred  of  the  Wahpeton  and  Sisseton  Sioux, 
who  aided  the  whites  during  the  outbreak,  jeopardizing  their  lives  to  protect  the 
whites,  and  to  obtain  possession  of  the  white  women  and  children  made  captives 
by  the  hostile  bands,  and  another  group  of  one  thousand  to  twelve  hundred,  who 
fled  to  the  plains,  fearing  the  indiscriminate  vengeance  of  the  whites,  were 
granted  the  fairest  and  best  portion  of  North  Dakota  by  the  treaty  of  February 
19,  1867,  the  land  so  granted  extending  from  Goose  Creek  to  Watertown,  S.  D., 
conflicting,  however,  with  the  Chippewa  cession  extending  to  the  Sheyenne. 
There  were  included  in  this  grant  the  specific  reservations  of  Lake  Traverse  and 
Devils  Lake.  By  recent  legislation  that  portion  of  the  reservation  not  occupied 
by  Indians  has  been  opened  to   settlement,  the   settlers   paying  their  appraised 


324  HISTORY  OF  NORTH  DAKOTA 

value,  the  money  so  paid  being  set  aside  by  the  Government  for  the  benefit  of 
the  Indians. 

In  the  early  cessions  of  lands  by  the  Indians,  covering  the  fertile  regions  of 
Iowa,  South  Dakota  and  Minnesota,  lo  cents  an  acre  was  regarded  a  fair  price  to 
pay  for  the  lands,  but  under  the  treaty  of  1876,  the  Sioux  were  allowed  $1.25,  75 
and  50  cents  per  acre,  depending  upon  the  time  of  entry ;  the  Wahpeton  and  Sis- 
seton  Indians  were  allowed  $2.50  per  acre  for  the  Lake  Traverse  reservation  and 
the  Devils  Lake  Indians  as  high  as  $4.50  per  acre  for  their  lands.  The  Fort 
Berthold  Indians  were  allowed  $1.50  per  acre  for  that  part  of  their  reservation 
surrendered,  and  have  reason  to  expect  a  much  larger  sum  for  the  portion  they 
are  now  asked  to  give  up.  The  Yankton  Sioux  received  $3.75  per  acre  for  their 
reservation.    Some  of  the  Fort  Berthold  lands  have  sold  at  $6  per  acre. 

The  following  recapitulation  may  be  found  of  interest :  The  lands  in  North 
Dakota  along  the  Red  River  were  ceded  by  the  Red  Lake  and  Pembina  bands 
of  Chippewa  Indians  on  October  2.  1863  (13  Stat.,  667),  and  on  September  20, 
1872  (Rev.  Stat.,  1050),  the  Wahpeton  and  Sisseton  Sioux  ceded  the  remainder 
of  the  Red  River  Valley,  and  the  country  extending  west  to  the  lames  River  and 
Devils  Lake. 

By  executive  order  of  July  13,  1880,  the  country  north  of  the  Heart  and 
south  and  west  of  the  Missouri  to  a  point  about  twelve  miles  west  of  Dickinson 
was  restored  to  the  public  domain.  A  further  portion  of  the  Fort  Berthold 
reservation  was  opened  to  settlement  March  3.  1891  (26  Stat.,  1032).  The  Lake 
Traverse  reservation  was  opened  to  settlement  March  3.  1891  (26  Stat.,  1038)  ; 
the  Devils  Lake  reservation  was  restored  by  the  President's  proclamation  of  June 
2,  1904,  under  the  act  of  April  27,  1904.  The  Standing  Rock  reservation  was 
opened  to  settlement  under  the  President's  proclamation  of  August  19,  1909. 
The  Great  Sioux  reservation,  not  included  in  special  reservations,  was  disposed 
of  under  the  act  of  March  2,  1889  (25  Stat.,  888). 

The  Fort  Rice  military  reservation  was  turned  over  to  the  Interior  Depart- 
•ment  by  the  War  Department  on  July  22.  1884 ;  the  Fort  Abraham  Lincoln  reser- 
vation was  turned  over  to  the  Interior  Department  March  19,  1896;  the  Fort 
Stevenson  reservation  was  turned  over  to  the  Interior  Department  February  12, 
1895,  and  the  lands  were  sold  at  public  sale  October  2,  1901,  under  the  act  of 
July  5,  1884.  The  Fort  Buford  reservation  was  turned  over  to  the  Interior  De- 
partment October  25,  1895,  and  disposed  of  under  the  act  of  May  19,  1900  (31 
Stat.,  180).  The"  Fort  Pembina  military  reservation  was  turned  over  to  the 
Interior  Department  November  27,  1895,  and  sold  at  public  sale  April  2,  1902. 
under  the  act  of  July  5,  1884,  some  of  the  lands  bringing  as  high  as  $20  per  acre. 
Fort  Abererombie  reservation  was  opened  to  settlement  by  act  of  Congress  July 
75,  1882,  and  Fort  Seward  reservation  by  act  of  Congress  June  10,  1880. 


CHAPTER  XXII 
TRANSPORTATION  DEVELOPMENT 

THE    NORTHERN    PACIFIC    RAILROAD,    ITS    HISTORY,    PROMOTERS   AND    CONSTRUCTION 

BEGINNING    OF    AGRICULTURAL    DEVELOPMENT EXTENSIONS,    BISMARCK    AND 

OTHER      TOWNSITES FORT      ABRAHAM       LINCOLN       ESTABLISHED — -THE       GREAT 

NORTHERN   RAILROAD — CONDITIONS   CONTRASTED JAMES   J.    HILL's    HISTORY   OF 

THE  GREAT   NORTHERN   ENTERPRISE JAMES   J.   HILL ^THE  EARLY  TRANSPORTA- 
TION  INTERESTS  OF  THE   RED  RIVER  VALLEY. 

March  3,  1853,  Jefferson  Davis,  then  secretary  of  war,  and  later  president 
of  the  southern  confederacy,  procured  the  passage  of  a  resolution  by  Congress 
authorizing  him,  as  secretary  of  war,  to  make  such  explorations  as  he  deemed 
advisable  to  ascertain  the  most  practicable  route  for  a  railroad  from  the  Missis- 
sippi River  to  the  Pacific  Ocean.  Under  this  resolution  three  expeditions  were 
organized,  one  to  survey  a  southern,  one  a  central,  and  the  other  a  northern 
route.  The  eastern  end  of  the  northern  route  was  placed  in  charge  of  Maj. 
Isaac  I.  Stevens,  and  the  western  in  charge  of  Lieut.  George  B.  McClellan,  after- 
wards a  distinguished  Union  officer  during  the  War  of  the  Rebellion,  and  in  1864 
the  democratic  candidate  for  President  of  the  United  States.  At  the  time  of 
his  appointment  Mr.  Stevens  was  chairman  of  the  national  democratic  committee 
and  prejudiced  against  the  northern  route. 

A  southern  route  to  the  Pacific  had  long  been  a  favorite  scheme  of  the  leading 
men  of  the  south  with  a  \'iew  to  strengthening  the  predominating  influence  of 
that  section  in  the  National  Go\ernment  against  possible  northern  development. 

Edwin  F.  Johnson,  a  distinguished  engineer,  who,  as  early  as  1S36,  had  pro- 
jected the  Erie  Railroad  from  New  York  to  the  lakes,  and  who  had  been  con- 
nected with  the  construction  of  the  Erie  Canal,  had  accumulated  much  data  from 
army  officers,  traders  and  trappers  in  relation  to  the  northern  route.  In  1852 
he  was  chief  engineer  of  the  Chicago,  St.  Paul  &  Fond  du  Lac  Railroad,  now 
the  Northwestern,  and  Thomas  H.  Canfield  of  Burlington,  Vt.,  was  engaged  on 
the  work  of  building  that  line  as  a  contractor.  Mr.  Johnson  had  previously  inter- 
ested Mr.  Canfield  in  a  proposed  Northern  Pacific  scheme.  There  was  then  no 
railroad  entering  Chicago  from  the  East.  The  supplies  for  the  construction  of 
this  new  northwestern  road  were  shipped  by  lake  from  Buffalo  to  Chicago. 

In  1852  Mr.  Johnson  prepared  an  exhaustive  treatise  on  the  subject  of  a  rail- 
road connecting  the  Mississippi  with  the  Pacific  Ocean,  which  he  later  published 
at  the  expense  of  Mr.  Canfield  and  his  partner.  An  extended  map  accompanied 
this  publication  and  the  advantages  of  a  northern  route  over  the  central  and 
southern  route  were  clearly  presented.     Hon.  Robert  J.  Walker,  then  secretary 

825 


326  HISTORY  OF  NORTH  DAKOTA 

of  the  treasury  of  the  United  States,  was  a  director  of  the  Chicago,  St.  Paul  & 
Fond  du  Lac  Railroad,  with  which  Johnson  and  Canfield  were  connected.  Mr. 
Walker  had  seen  the  manuscript  of  the  Johnson  pamphlet  and  had  so  impressed 
Mr.  Davis,  associated  with  him  in  the  cabinet,  in  relation  to  it,  that  Mr.  Davis 
went  to  New  York  to  secure  information  concerning  it.  He  procured  the  manu- 
script and  after  reading  it  returned  to  New  York  and  endeavored  to  convince 
Mr.  Johnson  that  he  was  in  error  in  giving  preference  to  the  northern  route. 
Failing  in  this,  he  procured  the  passage  of  a  resolution  by  Congress  authorizing 
the  survey  of  the  three  routes.  The  appointment  of  Stevens  and  McClellan  to 
make  the  survey  of  the  northern  route  was  intended  by  him  to  settle  the  question 
in  favor  of  the  southern  route. 

McClellan  justified  his  expectation;  Stevens  did  not.  Stevens  secured  from 
President  Pierce  the  appointment  as  governor  of  Washington  and  devoted  the 
remainder  of  his  life  to  presenting  to  the  public  the  importance  of  the  con- 
struction of  the  Northern  Pacific  Railroad,  enlightening  them  as  to  the  wonderful 
resources  of  the  regions  to  be  traversed  by  it. 

The  panic  of  1857  intervened,  and  in  1861  the  War  of  the  Rebellion.  Result- 
ing from  the  war,  the  construction  of  the  Union  Pacific  Railroad  became  a  neces- 
sity, and  the  interests  of  the  northern  route  were  overshadowed  by  the  greater 
public  interests  then  demanding  attention.  The  Union  Pacific  Railroad  Company 
was  incorporated  by  act  of  Congress  July  i,  1862.  Lands  were  granted,  and 
also  a  subsidy  in  bonds,  in  order  to  promote  th^  construction  of  the  road  at  the 
earliest  possible  date.  July  2,  1864,  the  Northern  Pacific  Railroad  Company  was 
incorporated  by  act  of  Congress.  It  was  granted  lands  to  the  extent  of  forty 
sections  to  the  mile  in  the  territories  and  twenty  in  the  states,  but  a  money 
subsidy  was  denied.  July  2-,  1866,  the  Atlantic  &  Pacific  Railroad  Company 
was  incorporated  by  a  similar  act  of  Congress  and  to  it  a  like  grant  was  made. 
A  similar  grant  was  made  to  the  Southern  Pacific,  incorporated  under  the  laws 
of  California,  and  that  company  was  authorized  to  connect  with  the  Atlantic  & 
Pacific  and  to  extend  its  line  to  San  Francisco. 

When  the  war  broke  out,  in  1861,  the  control  of  the  railroads  by  the  Govern- 
ment became  a  military  necessity.  Thomas  A.  Scott  of  the  Pennsylvania  Rail- 
road, afterwards  the  leading  promoter  of  the  Southern  Pacific  Railroad,  became 
assistant  secretary  of  war,  and  had  particular  charge  of  the  movement  of  the 
armies  by  rail.  He  placed  Thomas  H.  Canfield  of  \'ermont  in  charge  of  the 
railroads  about  W'ashington,  and  to  his  management  was  in  a  large  measure  due 
the  successful  prosecution  of  the  war.  Canfield  was  one  of  the  incorporators  of 
the  Union  Pacific  Railroad,  but  from  the  beginning  had  been  a  consistent  and 
persistent  advocate  of  the  northern  route  and  became  one  of  its  incorporators. 
Among  the  incorporators  were  M.  K.  Armstrong,  J.  B.  S.  Todd  and  J.  Shaw 
Gregory  of  Dakota,  and  Cyrus  Aldrich,  H.  M.  Rice,  John  McKusic,  H.  C.  Waite 
and  Stephen  ^liller  of  Minnesota. 

Josiah  Perham  of  Maine  had  been  the  leading  character  in  securing  the 
charter  for  the  construction  of  the  Northern  Pacific  Railroad.  Congress  having 
denied  a  subsidy  in  money  to  aid  in  the  construction,  the  charter  was  likely  to  fail, 
when  the  active  services  of  Mr.  Canfield  were  enlisted,  and  through  his  efforts  a 
syndicate  was  formed  consisting  of  J.  Gregory  Smith  of  St.  Albans,  Vt.,  presi- 
dent of  the  Vermont  Central  Railroad ;  Richard  D.  Rice  of  Augusta,   Maine, 


MAX     BASS 
Great  Northern  immigration  agent. 


HISTORY  OF  NORTH  DAKOTA  327 

president  of  the  Maine  Central  Railroad;  Thomas  H.  Canfield  of  BurUngton, 
Vt.;  W.  B.  Ogden  of  Chicago,  111.,  president  of  the  Chicago  &  Northwestern 
Railroad;  Robert  H.  Berdell  of  New  York,  president  of  the  Erie  Railroad;  Dan- 
forth  N.  Barney  of  New  York,  president  of  the  Wells,  Fargo  &  Co.  Express 
Company;  Ashel  H.  Barney  of  New  York,  president  of  the  United  States 
Express  Company;  Benjamin  P.  Cheney  of  Boston,  president  of  the  United 
States  &  Canada  Express  Company;  Wm.  G.  Fargo  of  Buffalo,  N.  Y.,  vice 
president  of  the  New  York  Central  Railroad  and  president  of  the  American 
Express  Company;  George  W.  Cass  of  Pittsburgh,  Pa.,  president  of  the  Pitts- 
burgh, Fort  Wayne  &  Chicago  Railroad  Company;  J.  Edgar  Thompson  of  Phila- 
delphia, Pa.,  president  of  the  Pennsylvania  Railroad  Company,  and  Edward 
Reiley  of  Lancaster,  Pa.,  for  the  purpose  of  securing  the  construction  of  the 
road.  Later  a  division  of  the  above  interests  occurred  by  which  Jay  Cooke  & 
Co.,  Charles  B.  Wright  and  Thomas  A.  Scott  of  Philadelphia,  Frederick  Billings 
of  Woodstock,  Vt.,  and  William  Windom  and  William  S.  King  of  Minnesota 
became  identified  with  them,  and  to  these  men  belongs  whatever  credit  is  due 
for  carrying  to  successful  completion  this  great  enterprise.  The  agreement 
between  the  original  twelve  of  these  parties  was  signed  January  lo,  1867.  An 
arrangement  with  Jay  Cooke  &  Co.  for  financing  the  road  was  made  by  Messrs. 
Canfield,  Smith,  Ogden  and  Rice,  in  May,  1869,  conditioned  upon  a  favorable 
report  of  Mr.  Cooke's  representatives  after  a  personal  inspection  of  the  route. 
Mr.  Canfield  took  charge  of  the  party,  consisting  of  W.  Milnor  Roberts,  engi- 
neer, Samuel  Wilkinson,  William  G.  Moorhead,  Jr.,  Rev.  Dr.  Claxton  and  Wm. 
Johnson,  a  son  of  Edwin  F.  Johnson,  for  the  exploration  of  the  western  end  of 
the  Hne.  Mr.  Smith  and  Mr.  Rice  conducted  a  similar  party  for  the  exploration 
of  the  eastern  end.  Both  parties  reported  favorably  and  soon  afterwards  the 
work  of  construction  commenced. 

In  1870  Mr.  Canfield,  accompanied  by  J.  Gregory  Smith,  went  to  the  line 
of  the  road  and  selected  the  crossing  of  the  railroad  at  Brainerd,  Minn.,  laid 
out  the  Town  of  Brainerd,  planned  for  the  location  of  the  shops  and  located  the 
Red  River  crossing  at  Fargo.  Mr.  Canfield  returned  the  next  spring  and  located 
Moorhead  and  Fargo,  and  in  May,  1872,  located  the  Missouri  River  crossing  of 
the  road  and  the  Town  of  Bismarck,  at  first  called  Edwinton,  in  honor  of  Edwin 
F.  Johnson,  and  later  Bismarck,  for  the  purpose  of  attracting  German  capital  in 
the  completion  of  the  enterprise. 

The  Southern  Pacific  Railroad  interests,  headed  by  Mr.  Scott,  bitterly  antago- 
nized the  construction  of  the  Northern  Pacific  and  on  July  i,  1868,  the  charter 
was  saved  through  the  influence  of  Hon.  Thaddeus  Stevens  of  Pennsylvania  and 
Jacob  M.  Howard  of  Michigan  by  an  amendment  to  the  bill  providing  an  exten- 
sion of  time  to  the  Northern  Pacific  Company.  The  charter  would  have  expired 
the  next  day. 

Januar)'  i,  1872,  the  first  rail  was  laid  within  the  limits  of  North  Dakota, 
the  road  having  crossed  the  Red  River  at  Fargo  at  that  time.  In  June,  1873,  it 
was  completed  to  Bismarck,  and  ten  years  later  the  completion  of  the  line  was 
celebrated.  Sitting  Bull,  who  attacked  the  surveyors  in  June,  1873,  when  they 
attempted  to  extend  the  survey  westward  from  Bismarck,  and  who  attacked  and 
destroyed  Custer's  command  on  the  Little  Big  Horn  in  June,  1876,  carried  the 


328  HISTORY  OF  NORTH  DAKOTA 

United  States  i\a.g,  accompanied  by  many  of  his  warriors,  in  the  procession  which 
welcomed  General  Grant  and  others  on  this  occasion. 

Edwin  F.  Johnson  conceived  the  idea  of  the  construction  of  the  Northern 
Pacific  Railroad.  At  the  office  of  Thomas  H.  Canfield,  at  Burlington,  Vt.,  he 
planted  the  enthusiasm  and  aroused  the  energy  in  the  breast  of  that  young  enthu- 
siast, which  organized  the  forces  and  pushed  the  work  to  completion.  It  was 
largely  Canfield's  work  which  procured  the  charter;  his  work  that  saved  it;  his 
that  organized  the  syndicate  which  finally  built  it,  and  his  that  enlisted  Jay  Cooke 
in  the  enterprise.  He  was  personally  identified  with  the  location  and  upbuilding 
of  all  of  the  towns  on  the  Northern  Pacific  east  of  the  Missouri  River  during  the 
days  of  construction.  After  the  work  was  over  he  settled  down  to  farming  at 
Lake  Park,  Minn.,  and  remained  until  his  death  a  leading  force  in  the  develop- 
ment of  the  agricultural  interests  of  the  Northern  Pacific  region. 

The  great  financial  concern  of  Jay  Cooke  &  Co.,  which  had  negotiated  the  bulk 
of  the  Government  loans  during  the  Civil  war,  was  forced  into  bankruptcy  by 
reason  of  its  connection  with  the  construction  of  the  Northern  Pacific  Railroad, 
and  the  panic  of  1873  resulted  therefrom.  The  bonds  of  the  Northern  Pacific 
which  had  been  so  recently  placed  at  nearly  par  fell  to  8  cents  on  the  dollar, 
sweeping  away  the  fortunes  of  thousands  who  had  invested  their  all  in  the  securi- 
ties of  the  company.  But  their  loss  only  led  to  the  prosperity  of  others,  for  the 
bonds  were  picked  up  and  converted  into  land  and  the  land  converted  into  farms. 
The  leading  spirits  in  the  syndicate  which  constructed  the  road  turned  their  atten- 
tion to  the  development  of  the  agricultural  interests  of  the  country  through  which 
the  road  was  to  pass.  This  was  especially  true  of  George  W.  Cass  and  P.  B. 
Cheney,  who  were  the  promoters  of  the  Dalrymple  farms  embracing  not  only  the 
Cass  and  Cheney  and  the  Dalrymple  farms  in  Cass  County,  but  the  Grandin  farms 
in  Traill  County.  They  furnished  the  means  and  pointed  the  way.  Oliver  Dal- 
rymple had  the  experience  and  the  opportunity.     He  developed  the  farms. 

The  rapid  development  of  the  Red  River  Valley  led  to  the  extension  of  the 
St.  Paul  &  Pacific  Railroad  line,  now  known  as  the  Great  Northern,  down  the 
Red  River  Valley,  and  ultimately  across  the  state  and  on  to  the  Pacific  Coast. 
The  Black  Hills  gold  excitement  and  the  transportation  connected  with  the  Indian 
campaigns  built  up  a  thriving  city  at  Bismarck,  which  had  secured  the  location 
of  the  capital  of  the  territory  even  before  the  completion  of  the  Northern  Pacific. 

The  Lake  Superior  &  Puget  Sound  Townsite  Company  was  organized  as  a 
Northern  Pacific  auxiliary,  and  was  supposed  to  embrace  all  of  the  available  sites 
between  Lake  Superior  and  Puget  Sound.  Brainerd,  at  the  crossing  of  the 
Mississippi,  had  yielded  its  harvest  of  gold  to  that  company,  and  the  crossing  of 
the  Red  River  and  the  Missouri  were  next  in  turn. 

A  land  office  had  been  established  at  Pembina  in  1870,  and  settlement  was 
expected  to  rush  for  the  fair  land  of  the  Red  River  Valley  about  to  be  opened. 
Only  an  Indian  title  remained  to  be  extinguished.  A  few  Scandinavians  from 
Goodhue  County,  Minn.,  had  gone  ahead  of  the  surveys,  and  had  located  on  the 
Red  River,  the  Maple  and  the  Sheyenne.  There  were  three  or  four  at  what  is 
now  Fargo.  The  land  at  Moorhead  had  been  deeded  and  there  was  a  stage 
station  there  kept  by  Maj.  Wm.  Woods.  The  land  deeded  at  that  point  was 
owned  by  J.  B.  Smith,  having  been  entered  by  him  under  the  preemption  act. 


HISTORY  OF  NORTH  DAKOTA  32& 

The  land  at  Fargo  was  not  subject  to  entry,  the  Indian  title  not  having  been 
extinguished.     An  attempt,  however,  was  made  to  enter  by  scrip. 

In  1869  it  was  the  purpose  of  the  Northern  Pacific  directors  to  cross  the  river 
at  or  near  what  is  now  Grandin,  striking  the  Missouri  River  at  the  big  bend, 
and  following  up  that  steam  to  Fort  Benton.  And  in  accordance  with  that  jjlan 
the  location  of  the  bridge  across  the  Red  River  was  staked  at  Flm  River,  or 
Grandin,  and  a  settlement  of  townsite  speculators  gathered  at  that  point.  The 
plan,  however,  was  changed  in  the  spring  of  1870,  and  a  fake  line  was  staked  to 
a  point  near  Moorhead,  known  as  Oakport.  Here  a  bright  little  village  of  tem- 
porary structures  sprang  up. 

When  the  location  of  the  crossing  was  definitely  located  Mr.  Andrew  Holes 
was  employed  to  make  settlement  on  the  farm  where  James  Hole  long  resided, 
and  was  dispatched  to  purchase  the  land  embracing  the  townsite  of  Moorhead, 
which  he  succeeded  in  doing.  In  the  meantime  the  several  settlers  were  bought 
olif  at  an  expense  of  $1,000  to  $1,500  each  and  on  the  night  of  June  25,  1S71, 
George  G.  Beardsley  was  engaged  in  making  improvements  on  the  several  quarter 
sections  which  the  townsite  company  intended  to  scrip,  and  J.  B.  Power,  then  a 
clerk  in  the  surveyor  general's  office  in  St.  Paul,  was  sent  to  Pembina  to  make  the 
scrip  locations  for  Fargo. 

By  the  5th  of  July,  1871,  the  townsite  settlers  who  had  been  watching  oppor- 
tunity and  the  movements  of  the  Puget  Sound  company  people  for  a  year  or  more 
had  learned  the  facts  and  made  a  rush  for  Fargo.  G.  J.  Keeney,  Patrick  Davitt, 
S.  G.  Roberts,  Andrew  McHench,  Charles  Roberts.  J.  Lowell,  Harry  Fuller, 
George  G.  Sanborn  and  others  made  homestead  locations  on  the  grounds  which 
the  townsite  company  had  undertaken  to  scrip.  The  Indian  claim  having  been 
extinguished  later,  it  was  held  that  the  settlers  had  preference  over  the  scrip 
locations,  and  the  townsite  company  withdrew  its  claims,  and  left  the  settlers  in 
undisturbed  possession  of  the  even  sections,  while  the  odd  fell  to  them  through 
the  railroad  grant.  John  E.  Flaggart,  Newton  Whitman  and  others  filed  on  agri- 
cultural claims  in  the  vicinity  and  became  substantial  farmers.  James  Holes 
secured  the  claim  settled  upon  by  Andrew  Holes  and  became  the  first  in  North 
Dakota  to  engage  in  agriculture  for  a  living.  He  opened  up  the  first  farm  in 
North  Dakota  aside  from  the  small  tracts  in  the  Pembina  settlement  or  in  connec- 
tion with  the  Hudson's  Bay  Company  posts. 

Moorhead  was  named  for  W.  G.  Moorhead  of  the  Northern  Pacific  directory, 
and  Fargo  for  Hon.  W.  G.  Fargo  of  the  Wells-Fargo  Express  Company. 

At  that  time  St.  Paul  had  about  fifteen  thousand  population  and  Minneapolis 
ten  thousand,  and  it  was  believed  that  Moorhead  and  Fargo  would  make  towns 
of  equal  importance.  They  were  located  by  Thomas  H.  Canfield,  as  agent  of  the 
Puget  Sound  Company,  aided  by  George  B.  Wright,  a  civil  engineer  in  the  employ 
of  the  Northern  Pacific  Railroad  Company,  and  the  point  of  crossing  the  river 
was  determined  by  them. 

After  Fargo  attention  was  centered  on  the  Northern  Pacific  crossing  of  the 
Missouri.  John  J.  Jackman,  who  had  been  with  the  surveying  party,  knew  the 
exact  location  of  the  proposed  crossing.  He  induced  James  J.  Hill  to  finance  a 
scheme  to  obtain  the  townsite  at  that  point.  He  formed  a  party  consisting  of 
himself,  John  H.  Richards,  George  G.  Sanborn,  Elmer  N.  Corey  and  Maj.  William 
Woods,  and  they  made  a  race  for  the  location  with  the  representatives  of  the 


330  HISTORY  OF  NORTH  DAKOTA 

Puget  Sound  Company,  who  had  learned  of  their  purpose.  Jackman  won,  and 
settled  on  the  claim  selected  for  the  townsite.  The  other  parties  took  adjoining 
land,  forcing  the  Puget  Sound  Company  entirely  away  from  the  land  they 
intended  to  enter.  Other  parties  contested  the  location  and  some  five  years  litiga- 
tion followed,  resulting  in  the  final  ento'  of  the  land  by  the  corporate  authorities 
for  the  benefit  of  the  occupants,  and  the  i\iget  Sound  Company  was  again 
defeated.  As  the  result  of  a  compromise  the  Northern  Pacific  Company  agreed 
to  establish  their  shops  at  Bismarck,  but  failed  to  make  good  their  contract. 

On  reaching  the  Missouri  River  a  false  line  crossing  that  stream  at  the  mouth 
of  the  Heart  River  was  located.  Camp  Greene  had  been  established  on  the  west 
side  of  the  Missouri  River  by  the  military  authorities;  on  the  east  side,  at  "Pleas- 
ant Point."  opposite  Camp  Greene,  a  thriving  little  city  was  built  called  Carleton 
City,  which  continued  as  a  place  for  saloons  and  worse  institutions  for  some  years, 
to  catch  the  soldier  trade  from  Fort  A.  Lincoln,  which  was  subsequently  estab- 
lished. 

To  further  mislead  as  to  the  proposed  location  of  the  crossing  of  the  Missouri 
River,  the  road  was  actually  graded  to  a  place  called  Burleigh  City,  nearly  a  mile 
south  of  Bismarck,  and  graded  some  distance  on  the  flat  because  Doctor  Burleigh's 
contract  called  for  grading  to  the  Missouri  River. 

In  1873  the  grade  was  changed  to  follow  the  bench  and  the  road  was  completed 
to  the  point  where  eight  years  later  the  road  crossed  the  Missouri  River. 

Bismarck  was  surveyed  in  the  interest  of  the  Lake  Superior  &  Puget  Sound 
Townsite  Company  in  May,  1872.  In  order  to  make  sure  of  holding  the  property 
they  employed  through  George  W.  Sweet,  attorney,  men  to  make  location  on 
then  unsurveyed  public  land.  The  plat  was  filed  February  9,  1874,  in  the  office 
of  the  register  of  deeds  in  Burleigh  County. 

Soon  after  the  survey  was  commenced,  and  before  its  completion.  Sweet,  as 
the  agent  of  the  said  company,  commenced  to  sell  lots  by  the  numbers  indicated 
upon  the  plat  filed,  a  certified  copy  of  which  is  presented  in  the  case.  The  parties 
purchasing  immediately  commenced  the  erection  of  buildings  upon  their  lots,  for 
dwellings  and  business  purposes. 

On  the  1st  of  January  following  thirty  buildings  had  been  erected  upon  the 
site  so  selected,  and  were  then  occupied.  During  the  year  1873  about  one  hundred 
buildings  of  various  kinds  were  built.  The  population  steadily  increased,  build- 
ings continued  to  be  erected  until,  at  the  date  of  the  hearing  before  the  local 
officers,  ]\Iay  ig,  1875,  the  number  of  inhabitants  of  said  city  was  estimated  at 
nine  hundred,  and  the  improvements  made  were  valued  at  from  one  to  two  hun- 
dred thousand  dollars. 

October  27,  1874,  John  Bowen,  probate  judge  of  Burleigh  County,  filed  a 
declaratory  statement  for  the  N.  Yz  of  said  section  4,  in  trust  for  the  use  and 
benefit  of  the  inhabitants  of  the  City  of  Bismarck. 

January  14,  1875,  said  city  was  duly  incorporated  by  an  act  of  the  Legislature 
of  Dakota  Territory,  and  the  following  described  tracts  were  included  in  its 
corporate  limits,  to  wit :  The  N.  W.  yi  and  the  W.  )4  of  the  N.  E.  ^  of  section  4, 
the  N.  Yz  of  section  5,  and  that  portion  of  section  6  which  lies  east  of  the  Missouri 
River,  T.  138  N.,  R.  89  W.,  the  N.  Y2  o^  section  31,  lying  east  of  said  river,  and 
all  of  the  S.  Y2  of  sections  32  and  33  of  T.  139  N.,  R.  80  W.,  in  said  territory. 

May  15,  1875,  John  A.  McLean,  mayor  of  the  City  of  Bismarck,  made  an 


NORTHERN  PACIFIC  BRIDGE  OVER  THE  MISSOURI  RIVER  AT  BISMARCK 


THE  FOUR  SECTIONS  OF  THE  VILLARD  EXCURSION  AT  BISMARCK, 
SEPTEMBER  8,  1883 

In  celebration  of  the  completion  of  the  Northern  Pacific 


HISTORY  OF  NORTH  DAKOTA  331 

application  at  the  local  office  to  enter,  in  behalf  of  the  inhabitants  of  said  city, 
the  X.  W.  Ya  and  W.  y,  of  N.  E.  Y^  of  section  4,  X.  E.  Y\  of  X.  E.  Y\  of  section 
5,  T.  138  N.,  R.  80  W.,  and  the  S.  Y^  of  S.  E.  Ya  and  S.  y.  of  S.  W.  Ya  of  section 
2^2,  T.  139  N.,  R.  80  W.,  Dakota  Territory. 

This  application  was  objected  to  by  Edmund  Hackett  et  al.,  on  the  ground 
that  they  have  rights  to  said  tracts  by  reason  of  their  preemption  settlements 
thereon  and  for  other  reasons. 

Assistant  Secretary  Chandler,  before  whom  the  townsite  case  went  on  appeal, 
in  closing  his  review  of  the  case,  held : 

I  am  of  the  opinion  that  where  a  specific  tract  of  land  is  designated  and 
chosen,  a  part  of  which  is  surveyed  into  lots,  blocks  and  streets,  which,  together 
with  its  exterior  boundaries,  are  marked  by  stakes  of  proper  monuments,  and 
said  acts  are  followed  by  settlement,  improvements  and  occupation  within  a 
reasonable  time,  such  tract  must  be  considered  as  selected  within  the  meaning  of 
the  law,  and  thereby  excluded  from  preemption  filing. 

I  am  also  of  the  opinion  that  this  selection  may  be  made  before  or  after  actual 
settlement,  and  by  persons  associated  together  for  that  purpose,  or  drawn 
together  by  a  common  interest. 

Before  entry  can  be  made  of  the  land,  it  must  appear  that  the  selection  was 
made  in  good  faith,  not  for  the  purpose  of  speculation,  and  has  been  settled  upon 
and  occupied  for  purposes  of  trade,  and  not  agriculture. 

The  site  of  the  present  City  of  Bismarck  was  selected  because  it  was  antici- 
pated that  at  this  point  the  Northern  Pacific  Railroad  would  cross  the  Missouri 
River.    To  this  fact  is  to  be  attributed  its  rapid  growth  and  development. 

On  this  account,  the  parties  who  now  claim,  as  preemptors,  the  lands  upon 
which  this  city  is  built,  were  attracted  there.  They  were  fully  cognizant  of  this 
fact  when  their  settlements  and  improvements  were  made.  You  very  properly 
rejected  the  entries  of  Hackett  and  Proctor,  each  of  whom  purchased,  or  con- 
tracted to  purchase,  lots  of  the  L.  S.  &  P.  S.  L.  Co.,  after  the  survey  was  com- 
menced or  completed,  and  before  they  made  settlement  upon  the  tracts  now 
claimed  by  them. 

The  fact  that  said  company  sought  by  illegal  means  to  obtain  title  to  the  tract 
originally  selected  by  it  as  a  townsite  in  no  way  afifects  the  rights  of  the  occupants, 
in  whose  behalf  application  is  now  made  to  enter  said  land. 

They  made  their  settlement  and  improvements  in  good  faith,  and  are  entitled 
to  the  protection  which  the  law  provides. 

The  corporate  authorities  having  included  more  land  in  their  application  than 
was  originally  selected  as  a  townsite,  the  question  arises  as  to  what  lands  they 
are  now  entitled  to  enter  for  that  purpose.  I  am  of  the  opinion  that  their  entry 
must  be  limited  to  such  contiguous  tracts  as  were  included  in  their  corporate 
limits,  and  at  the  date  of  incorporation  were  free  from  valid  claims  under  the 
preemption  or  homestead  laws.  By  the  act  of  incorporation,  the  authority  of  the 
probate  judge  to  act  for  and  in  behalf  of  the  occupants  of  said  townsite  was 
superseded  by  the  officers  therein  named,  when  qualified. 

Xeither  the  act  of  incorporation  nor  the  application  of  the  corporate  authori- 
ties includes  the  E.  Y2  of  the  X.  E.  j4,of  section  4,  a  part  of  the  tract  originally 
selected.  This  tract  is  therefore  excluded  from  said  townsite.  Valid  rights  had 
attached  to  the  X.  E.  Y\  of  X.  E.  Y  of  section  5,  township  138  X.,  range  80  W., 


332  HISTORY  OF  NORTH  DAKOTA 

and  the  S.  3-'  of  S.  E.  ;4  ^"<J  the  S.  34  of  S.  W.  H  of  section  2~<  township 
139  N.,  range  80  W.,  at  the  date  of  the  incorporation  of  said  city,  and  not  being 
originally  selected  as  a  part  of  said  townsite,  were  improperly  included  in  the 
application  of  the  corporate  authorities,  and  will  be  awarded  to  the  parties  entitled 
therein.  The  corporate  authorities  will  therefore  be  restricted  in  their  entry  to 
the  N.  W.  34  and  the  W.  34  of  the  N.  E.  34  of  section  4  aforesaid,  subject  to  the 
right  of  way  of  the  Northern  Pacific  Railroad  Company.  These  are  the  only 
tracts  which  can  properly  be  considered  as  settled  upon  and  occupied  for  townsite 
purposes  under  the  testimony  as  presented,  and  are  awarded  to  the  corporate 
authorities  of  said  city. 

I  have  carefully  considered  the  testimony  as  to  the  rights  of  the  respective 
claimants  to  the  other  tracts  included  in  the  application  of  the  cor])orate  authori- 
ties, and  those  included  in  this  contest,  and  am  of  the  opinion  that  they  should 
be  awarded  to  the  parties  hereinafter  named,  upon  their  showing  full  compliance 
with  the  law,  and  hereby  direct  that  the  awards  be  so  made,  and  that  all  other 
filings  and  entries  on  said  tracts,  and  those  awarded  to  the  corporate  authorities, 
be  canceled. 

The  E.  3^  of  the  N.  E.  34  of  section  4,  township  138  N.,  range  80  W.,  to 
Erastus  A.  Williams. 

The  N.  E.  34  of  N.  E.  34  of  section  5,  township  138  N.,  range  80  W.,  to  the 
Northern  Pacific  R.  R.  Co. 

The  S.  W.  34  of  section  32,  township  139  N.,  range  80  \V.,  to  J.  J.  Jackman. 

The  N.  34  of  the  S.  E.  34  of  section  ^2,  township  139  N.,  range  80  W.,  to 
John  Plummer. 

The  S.  34  of  the  S.  E.  34  of  section  ^2.  township  139  N.,  range  80  W.,  to 
Dennis  Hannefin. 

FORT  ABRAH.VM  LINCOLN  ESTABLISHED 

On  July  2,  1864.  Congress  passed  an  act  granting  right  of  way  through  the 
Indian  country  to  the  Northern  Pacific  Railroad  Company,  entitled  "An  Act 
granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line  from 
Lake  Superior  to  Puget  Sound  on  the  Pacific  Coast,  by  the  northern  route." 

In  1871  orders  were  sent  from  the  headquarters  of  the  Department  of  Dakota 
to  Col.  David  S.  Stanley,  commanding  at  Fort  Rice,  to  fit  out  an  expedition  to 
accompany  the  engineers  of  the  proposed  railroad  on  a  surveying  tour  to  the 
Yellowstone  River.  In  accordance  with  these  orders  troops  began  to  concentrate 
at  the  fort,  and  on  September  6,  1871,  the  engineering  party,  under  military  escort, 
arrived  overland  from  Fort  Abercrombie.  They  were  Gen.  Thomas  L.  Rosser, 
assistant  chief  engineer,  accompanied  by  Messrs.  Meigs  and  Eastman,  and  several 
surveyors  and  their  assistants. 

On  the  morning  of  September  9,  187 1,  at  9  o'clock,  the  expedition  left  Fort 
Rice  and  wound  out  over  the  hills,  the  regimental  band  escorting  the  column  to 
the  foot  of  the  hills.  The  military  escort  consisted  of  500  men,  a  detachment  of 
artillery  with  two  Catling  guns,  fifty  mounted  Indian  scouts  under  command 
of  Lieutenant  Turnock,  and  a  train  of  100  wagons,  the  whole  under  command  of 
General  Whistler,  Twenty-second  Infantry. 

The  first  courier  from  the  expedition  arrived  at  Fort  Rice  on  October  14,  1871, 


HISTORY  OF  NORTH  DAKOTA  333 

iind  on  the  day  following  all  the  troops  returned  and  went  into  camp  outside  the 
fort,  except  Company  D  of  the  Seventeenth,  under  Captain  Clarke,  and  the  engi- 
neering party  who  marched  on  down  the  Little  Heart  River  to  its  mouth,  in  order 
to  ascertain  the  advantages  afforded  by  that  point  of  crossing.  On  the  afternoon 
of  the  17th  they  were  met  and  escorted  into  the  fort  by  the  post  band.  The  engi- 
neers reported  that  the  expedition  had  been  a  great  success.  That  the  route 
surveyed  from  the  Little  Heart  River  to  the  Yellowstone  was  practicable,  and 
that  the  railroad  would  be  built.  The  day  ended  with  a  grand  military  ball,  given 
by  the  ladies  of  the  fort,  in  honor  of  the  civilian  and  military  guests. 

The  spring  of  1S72  brought  much  work  to  the  troops  at  Fort  Rice  in  the  way 
of  similar  expeditions  on  a  small  scale.  Company  after  company  was  detailed  to 
act  as  escort  to  the  engineers  who  were  engaged  in  running  new  lines  of  survey  to 
the  westward.  This  duty  was  extremely  dangerous,  as  the  Sioux,  believing  that 
these  proceedings  were  in  violation  of  treaty  obligations,  lost  no  opportunity  to 
attack  the  expeditions. 

Li  April,  1872,  a  supply  camp  was  established  for  the  convenience  of  the 
engineers — some  three  miles  below  the  site  of  Fort  Abraham  Lincoln,  at  the  mouth 
of  the  Little  Heart  River.  The  new  post  was  christened  Camp  Greene,  and 
K  Company  of  the  Seventeenth,  under  command  of  Lieutenant  Greene,  with 
Lieutenant  Cairns  and  Doctor  Slaughter  as  post  surgeon,  were  sent  up  from  Fort 
Rice  to  occupy  the  post.  It  was  then  thought  that  Camp  Greene  was  to  be  the 
permanent  post,  then  designed  to  be  built  at  the  crossing  of  the  Missouri  River 
by  the  railroad ;  but  the  following  order  establishing  Fort  A.  Lincoln  was  soon 
afterwards  issued  from  department  headquarters: 

Headquarters  Department  of  Dakota 

St.  Paul,  April  16,  1872. 
Special  Orders  No.  65. 

A  board  of  officers  is  hereby  appointed  to  select  and  recommend  for  adoption 
a  site  for  the  location  of  a  new  post  to  be  constructed  on  the  west  bank  of  the 
Missouri,  at  or  in  the  immediate  vicinity  of  the  point  where  the  Northern  Pacific 
Railroad  will  cross  the  river. 

Detail  for  the  board — Col.  D.  S.  Stanley,  Twenty-second  Infanty ;  Capt.  J.  W. 
Scully,  A.  Q.  M.,  U.  S.  A. ;  Capt.  D.  W.  Heap,  Corps  of  Engineers,  U.  S.  A. ; 
Acting  Assistant  Surgeon  B.  F.  Slaughter,  U.  S.  A. 

EXTENSION  OF  THE  NORTHERN  PACIFIC  WEST  FROM  FARGO 

The  extension  of  the  Northern  Pacific  Railroad  west  of  the  Red  River  of  the 
Noith  was  begun  in  the  early  months  of  1872,  and  was  completed  to  the  Missouri 
River  June  5,  1873.  Colonel  Gaw,  the  engineer  in  charge  in  1872,  told  a  repre- 
sentative of  the  road :  "I  have  got  the  longest  straight  line  of  road  in  the  world : 
I  begin  at  the  Red  River  and  run  west,  four  degrees  north,  fifty-four  miles  without 
a  curve." 

On  September  18,  1873,  the  Northern  Pacific  Railroad  failed,  and  its  bonds, 
which  were  receivable  at  par  in  payment  of  lands  within  its  land  grant,  forty  miles 
■north  and  forty  miles  south  of  its  track,  steadily  sank  in  price  until  they  touched 


334  HISTORY  OF  NORTH  DAKOTA 

8  cents  on  the  dollar.  The  building  of  the  road  in  1872,  gradually  attracted  the 
attention  of  immigrants  and  a  steady  wave  began  to  cross  the  Red  River.  They 
made  preemption,  homestead  and  timber  culture  claims  on  the  Government  sec- 
tions both  north  and  south  in  the  land  grant  limits.  At  the  same  time,  holders  of 
bonds  of  the  road  bought  the  lands  in  the  same  limits  and  many  farms  of  large 
and  small  dimensions  were  opened  and  worked,  and  in  the  fall  of  187S  all  the 
land  as  far  west  as  range  55  was  bought.  Many  selections  had  been  made  in 
ranges  56,  57  and  58,  in  Barnes  County,  and  others  steadily  pressed  westward 
through  the  ranges  until  the  James  River  in  range  64  was  reached  in  1879.  Large 
bodies  of  lands  were  bought  of  the  road  by  non-resident  holders  of  its  bonds. 
Among  those  may  very  properly  be  named  Governor  Abner  Coburn  and  his 
brother,  of  Maine;  Cooper  Brothers,  Henry  and  William  Lloyd,  of  Pennsylvania; 
\\'illiams.  Deacon  &  Co.,  of  London,  and  many  others,  including  Pence  and  Snyder, 
of  Minneapolis,  who  bought  large  tracts  in  what  is  now  Foster  and  Ransom 
counties,  respectively  the  northern  and  southern  limits  of  the  grant.  Immigrants 
also  from  the  eastern  states  pressed  in  and  settled  on  the  Government  sections 
from  the  northern  to  the  southern  limits,  and  Addison  Leech,  Mr.  Plath,  W.  W. 
McIIvain,  D.  H.  Buttz,  his  brother  John  and  M.  L.  Engle  bought  lands  of  the 
road  in  Cass  and  Ransom  counties  and  began  to  cultivate  them.  Large  numbers 
of  others  also  besides  those  named  did  so. 

In  1880  the  Fargo  &  Southwestern  Railroad  was  built  from  Fargo  to  the 
James  River,  eighty-eight  miles,  and  LaMoure  was  made  its  terminus,  while 
Davenport,  Leonard,  Sheldon,  Lisbon  and  Englevale  became  thriving  centers  along 
its  route.  A  year  later,  in  1881,  the  Jamestown  &  Northern  was  built  to  a  point 
in  Foster  County  forty-three  miles  north.  Carrington  was  platted  and  rapidly 
grew  into  a  thriving  town  while  Pingree,  Edmunds  and  Melville  along  its  route 
became  trade  and  postoffice  centers  for  districts  near  them.  Many  farms  were 
opened  by  men  who  bought  lands  of  the  road  and  others  secured  claims  on  Gov- 
ernment sections  and  have  lived  there  since;  Wm.  M.  and  Wm.  A.  Bartholomew, 
James  Buchanan,  Murphy  Brothers,  Wm.  Farquhar  and  many  others,  while  the 
Casey  &  Carrington  Land  Company  opened  up  its  farm,  quite  as  large  and 
important  as  any  other  large  farming  interest  in  the  state. 

In  1883  the  Sanborn,  Cooperstown  &  Turtle  Mountain  Road  was  built  to  a 
point  thirty-six  miles  north,  where  Cooper  Brothers  had  bought  from  the  road  a 
large  body  of  lands,  and  Cooperstown  sprang,  into  existence  and  became  the 
county  seat  of  Griggs  County.  The  same  rapid  settlement  followed  along  this 
route.  Odell,  Dazey  and  Hannaford  became  centers  of  traffic.  In  1882  the 
James  River  Valley  Road  from  Jamestown  to  LaMoure  was  built  and  by  short 
extensions  met  the  C.  &  N.  W.  and  C,  M.  &  St.  P.  railroads  which  had  built 
from  the  south,  and  a  sptir  track  was  built  from  Carrington  to  Sykeston,  where 
Mr.  Richard  Sykes  had  bought  lands  and  opened  several  large  farms  in  Wells 
County.  All  these  roads  bearing  separate  corporate  names  were  btiilt  as  branches 
of  the  Northern  Pacific  and  were  projected  by  the  impulse  given  by  the  rapid 
influx  of  immigrants  that  followed  the  settlement  and  cultivation  of  the  lands 
along  the  main  line  in  1879-80. 

The  wave  of  immigration  spent  its  force  in  the  spring  of  1883,  and  some 
idea  of  its  extent  may  be  formed  from  the  following  figures  of  Stutsman,  Foster, 
Wells  and  Eddy  counties,  and  equally  strong,  if  not  yet  stronger  figures  could  be 


COLONEL    ilAl;l;\     l:l;()\\\S()\    AND    (.LERKS.    IIISMAKCK 
NOKTHKKX    I'ACIFIC  KAILKOAD,   1873.     COLONEL 

BRowNsoN  seatp:d 


AGENT, 


HISTORY  OF  NORTH  DAKOTA  335 

given  of  the  counties  along  the  hnes  of  the  other  branches  if  they  were  at  hand, 
as  tlie  wave  swept  steadily  and  evenly  over  the  rolling  prairies  west  of  the  Red 
River  Valley.  In  the  census  of  1880,  the  County  of  Stutsman  had  a  population  of 
1,007;  o^  this  number  Jamestown  had  392.  In  the  census  of  1885  the  county 
had  5,632,  and  of  these  Jamestown  had  2,382. 

In  1880  the  present  counties  of  Foster,  Wells  and  Eddy  had  not  over  twenty- 
five  settlers  within  their  borders.  In  the  census  taken  in  1885  these  three  counties 
had  a  population  of  1,932.  In  1880  there  were  no  farms  worked  in  these  three 
counties.  In  1885  there  were  392.  Some  of  them,  notably  those  of  Carrington  & 
Casey  and  Richard  Sykes  were  large  ones,  the  rest  varied  from  160  to  640  acres. 

The  class  of  settlers  who  fomied  the  wave  that  cuhriinated  in  1883,  were 
generally  of  an  excellent  quality.  The  states  of  Pennsylvania,  Illinois,  Michigan, 
Wisconsin  and  Iowa  furnished  a  good  share  of  those  from  the  eastern  states. 
Many  came  from  Canada,  some  from  England  and  Scotland.  Many  townships  in 
all  the  counties  forming  the  James  River  Valley  received  colonies  from  Poland, 
others  from  Sweden,  Norway  and  Denmark. 

THE   GRE.\T   NORTHERN   RAILROAD 

Following  the  grant  of  land  to  the  three  Pacific  railroads.  Congress  granted 
to  the  State  of  Minnesota  ten  sections  of  land  per  mile  to  aid  in  the  construction 
of  certain  lines  of  railroad  in  that  state,  including  the  main  lines  of  the  Great 
Northern  Railroad.  The  state  had  also  granted  certain  swamp  lands  and  a  sub- 
sidy in  bonds  to  aid  in  the  construction.  After  the  construction  of  the  main  line 
to  Breckenridge,  which  it  reached  in  October,  1871,  beating  the  Northern  Pacific 
in  the  race  for  the  Red  River  Valley  by  2j4  months,  and  the  construction 
of  the  St.  Cloud  line  to  Sauk  Rapids,  which  it  reached  in  1865,  the  road 
became  bankrupt  and  passed  into  the  control  of  a  syndicate  organized  by  James 
J.  Hill,  to  whom  the  grant  was  finally  transferred  by  the  State  of  Minnesota. 
The  construction  of  the  St.  Cloud  line  was  commenced  in  1862,  when  ten  miles 
was  built  from  St.  Paul  to  Minneapolis,  and  it  was  completed  to  Sauk  Rapids  in 
1865.  The  Breckenridge  line  was  commenced  in  1867  and  was  completed,  as 
stated,  to  Breckenridge  in  October,  1871.  The  St.  Cloud  line  was  extended  from 
Barnesville  to  Fisher's  Landing  in  1877,  and  December  2,  1878,  the  track  layers 
joined  the  rails  of  the  Canadian  Pacific,  giving  a  through  line  to  Winnipeg,  the 
connection  having  been  made  from  Breckenridge  to  Barnesville.  In  1880  the  road 
was  extended  from  Crookston  to  Grand  Forks,  and  from  thence  on  west  to  the 
Pacific  Coast  by  successive  stages.  This  system  was  at  first  known  as  the  St. 
Paul  &  Pacific,  then  as  the  St.  Paul,  Minneapolis  &  Manitoba,  taking  its  present 
name,  The  Great  Northern,  in  iSgo. 

The  land  grant  of  the  Northern  Pacific  doubled  when  the  road  crossed  the 
Red  River;  that  of  the  Great  Northern  ceased  when  the  road  left  the  limits  of 
Minnesota.  The  Northern  Pacific  pushed  rapidly  westward,  relying  upon  its 
through  traffic  to  build  up  its  business  and  take  care  of  its  bonded  indebtedness ; 
the  Great  Northern  relied  upon  the  resources  of  the  country,  building  spurs  and 
branch  lines,  reaching  out  for  business,  sending  out  agents  to  bring  in  people  to 
possess  the  land.  Practically  all  of  the  lands  along  its  line  were  free  lands, 
while  half  of  the  lands  along  the  Northern  Pacific  were  not  subject  to  homestead 


336  HISTORY  OF  NORTH  DAKOTA 

entry.  In  the  early  days  the  Northern  Pacific  was  built  and  operated  with  reck- 
less extravagance;  the  Great  Northern  was  noted  from  the  beginning  for  its 
economical  administration,  and  since  its  management  passed  into  the  hands  of 
James  J.  Hill,  who  developed  and  built  up  its  several  systems,  it  has  had  no  set- 
back of  any  nature,  and  today  the  stocks  of  that  company  are  quoted  higher 
than  any  other  stocks  of  any  class  on  the  market,  the  New  York  quotation  being 
for  Saturday,  November  lo,  1906,  322^  ;  in  railroad  stocks  the  Northern  Pacific 
stood  next,  at  220,  higher  than  any  other,  excepting  the  Great  Northern  alone. 
The  Northern  Pacific  has  done  much  for  the  development  of  the  country  through 
which  it  passes;  the  Great  Northern  has  done  more. 

The  Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Railroad,  more  familiarly 
known  as  the  "Soo,"  has  also  done  much  for  the  development  of  North  Dakota. 
Its  lines,  too,  were  extended  without  a  bonus  and  without  a  land  grant,  and 
were  pushed  in  competition  with  the  Great  Northern  to  almost  all  parts  of  the 
state.  They  have  been  extended  through  the  southern  part  to  the  capital  and  on 
north  to  the  coal  fields,  and  from  the  southeastern  portion  diagonally  across  the 
state,  and  from  the  east  to  the  western  part  through  the  northern  counties,  enter- 
ing upon  a  rivalry  with  the  Great  Northern,  born  of  the  rivalry  which  has  always 
existed  between  St.  Paul  and  Minneapolis,  the  leading  spirits  of  the  Soo  residing 
at  Minneapolis,  while  the  home  of  James  J.  Hill  was  at  St.  Paul,  where  he  began 
life  as  a  humble  clerk.     He  died  in  1916. 

HISTORY  OF  THE  GREAT   NORTHERN   RAILRO.ND 

On  retiring  from  the  chairmanship  of  the  directory  of  that  company  in  1912. 
James  J.  Hill,  in  a  letter  to  his  associates,  states  the  facts  relative  to  the  work 
of  the  syndicate  organized  by  him  for  the  purchase  of  the  Great  Northern 
system,  from  which  the  following  extract  is  made : 

"My  associates  were  George  Stephen,  now  Lord  Mount  Stephen;  Donald  A. 
Smith,  now  Lord  Strathcona,  and  Norman  W.  Kittson.  We  bought  the  defaulted 
bonds  of  these  properties  from  the  Dutch  holders.  The  agreement  with  the 
Dutch  committee  was  executed  March  13,  1878,  and  practically  all  outstand- 
ing indebtedness  was  subsequently  secured.  The  mortgages  were  afterwards 
foreclosed  and  the  property  was  bought  in.  For  those  days  it  seemed  a  formid- 
able financial  undertaking.  The  stock  of  these  companies  aggregated  $6,500,000, 
and  their  bonded  indebtedness  with  past  due  interest  nearly  $33,000,000,  aside 
from  floating  obligations.  These  had  to  be  purchased  at  prices  above  those  for 
which  they  had  previously  been  offered  in  the  open  market.  The  total  capital- 
ization and  indebtedness  at  that  time  of  the  companies  taken  over  was  approx- 
imately $44,000,000. 

"The  property  secured  consisted  of  completed  lines  from  St.  Paul  via  St. 
Anthony  to  Melrose,  a  distance  of  104  miles,  and  from  Minneapolis  to  Breck- 
enridge,  a  distance  of  207  miles ;  and  of  two  projected  lines,  one  from  Sauk 
Rapids  to  Brainerd  and  one  from  Melrose  to  the  Red  River  at  St.  Vincent, 
on  the  international  boundary  line.  On  these  latter  some  grading  had  been  done 
and  about  73  miles  of  track  had  been  laid.  There  were  gaps  between  Melrose 
and  Barnesville,  Crookston  and  St.  \'incent  that  must  be  filled  quickly.  In  them- 
■selves,  had  it  not  been  for  the  promise  of  the  future,  these  were  scattered  tracks 


1-^ 


O 
O 
C 


o 


u 


HISTORY  OF  NORTH  DAKOTA  337 

in  a  country  just  being  settled,  out  of  which  to  construct  a  railway  system  and 
on  which  to  base  the  financing  of  their  purchase  and  development. 

"We  advanced  the  money  to  build  the  Red  River  Valley  Railroad,  fourteen 
miles  of  track  from  Crookston  to  Fisher's  Landing,  on  the  Red  River,  making 
a  through  route  by  steamboat  from  that  point  to  Winnipeg.  While  negotiations 
were  pending  and  also  after  they  were  concluded,  but  before  possession  could 
be  secured  through  the  foreclosure  of  mortgages,  an  immense  amount  of  work 
had  to  be  done.  The  extension  from  Melrose  to  Barnesville  must  be  pushed, 
and  was  carried  thirty-three  miles,  as  far  as  Alexandria,  and  ninety  miles  were 
built  in  the  Red  River  X'alley  to  reach  the  Canadian  boundary.  The  former 
was  necessary  to  save  the  land  grant,  whose  time  limit,  already  extended,  was 
about  to  expire.  The  latter  was  in  addition  to  connect  with  a  railroad  projected 
by  the  Canadian  government  from  Winnipeg  south.  As  the  properties  were  still 
in  the  hands  of  a  receiver,  an  order  had  to  be  obtained  from  the  court  for  the 
completion  of  the  work  in  ]\Iinnesota  with  funds  furnished  by  us.  IMoney  had 
to  be  raised  to  build  these  lines  and  to  furnish  equipment  necessary  for  their 
operation. 

"In  May,  1879,  the  St.  Paul,  Minneapolis  &  JManitoba  Railway  Company 
was  organized  to  take  over  all  these  properties,  whose  bonds  had  been  largely 
purchased,  whose  stocks  had  been  secured  and  whose  assets  were  to  be  bought 
in  under  foreclosure.  It  had  an  authorized  capital  stock  of  $15,000,000,  limited  by 
its  charter  to  $20,000,000,  and  made  two  mortgages  of  $8,000,000  each.  George 
Stephen  was  made  first  president  of  the  company,  Richard  B.  Angus,  vice  pres- 
ident, and  I  was  chosen  general  manager.  This  placed  upon  me  the  practical 
conduct  of  the  enterprise  from  its  formal  inception. 

"The  lines  of  the  new  system  turned  over  to  our  possession  on  June  23,  1879, 
comprised  a  mileage  of  667  miles,  of  which  565  were  completed  and  102  under 
construction.  From  the  beginning  its  business  fulfilled  the  expectations  of  its 
founders.  The  annual  report  for  1880  showed  an  increase  in  earnings  of  54 
per  cent,  and  had  sales  amounting  to  $1,200,000.  And  now  began  the  long  task 
of  building  up  the  country.  No  sooner  was  a  mile  of  road  finished  than  the 
need  of  building  other  miles  became  apparent.  Before  ^Minnesota  had  filled  up 
the  tide  of  immigration  was  passing  even  the  famous  Red  River  Valley  country 
and  flowing  into  Dakota.  By  1880  it  had  become  necessary  to  add  a  line  down 
the  Dakota  side  of  the  Red  River  to  plan  for  many  extensions  and  branches, 
and  two  local  companies,  building  lines  in  Western  Minnesota,  were  purchased. 

"(^nly  a  detailed  history  of  the  railroad  could  follow  step  by  step  the  progress 
of  track  extension  and  the  financial  arrangements  by  which  capital  was  fur- 
nished for  these  constant  and  always  growing  demands  from  this  time  on.  In  a 
brief  review,  such  as  this,  I  can  call  attention  only  to  what  may  fairly  be  called 
points  of  historic  interest  in  the  growth  of  what  is  now  the  Great  Northern 
System.  One  of  these  w-as  the  provision  of  an  eastern  outlet  by  way  of  the 
Great  Lakes.  An  interest  was  obtained  in  the  St.  Paul  &  Duluth  Railroad  Com- 
pany in  1881.  This,  with  the  building  of  the  link  from  St.  Cloud  to  Hinckley, 
gave  the  necessary  access  to  the  Great  Lakes,  until  the  organization  of  the  East- 
ern Minnesota  in  1887  as  a  subsidiary  company  furnished  a  permanent  outlet 
and  terminals.  I  was  made  vice  president  of  the  company  November  i,  1881, 
and  on  Augtist  21,  1882,  succeeded  to  the  presidency,  a  position  whose  duties  I 


338  HISTORY  OF  NORTH  DAKOTA 

\vas  to  discharge  for  a  quarter  of  a  century.  Mr.  John  S.  Kennedy,  who  had 
joined  our  party  after  the  organization  of  the  company,  was  elected  vice  pres- 
ident. At  no  time  have  I  accepted  any  salary  for  my  services  as  president  or 
chairman  of  the  board  of  directors,  since  I  have  felt  that  I  was  sufficiently  com- 
pensated by  the  increase  in  the  value  of  the  property  in  which  my  interest  has 
always  been  large. 

"Business  now  grew  more  and  more  rapidly,  the  Xorthern  Pacific  was  about 
completed  and  the  Canadian  Pacific  was  building  toward  the  coast.  The  St. 
Paul  &  Pacific  Railroad  was  originally,  as  its  name  implied,  intended  as  a  trans- 
continental line.  The  route  to  be  traversed  was  rich  in  fertile  soils  and  abun- 
dance of  mineral  and  forest  resources.  Quite  as  important,  perhaps,  was  the 
fact  that  it  admitted  of  the  construction  of  a  line  with  grades  so  low  and  curves 
so  moderate  as  to  make  possible  cheaper  overland  carriage  than  had  ever  been 
previously  considered.  Montana  was  beginniug  a  large  development  of  her  own, 
while  the  active  growth  of  the  North  Pacific  Coast,  though  only  in  embryo, 
could  be  foreseen.  In  1887  the  lines  of  the  Manitoba  were  extended  to  a  con- 
nection with  the  Montana  Central.  This  latter  company  had  been  incorporated 
early  in  January,  1886.  Realizing  the  importance  of  occupying  a  field  in  Mon- 
tana, which  was  essential  to  the  future  transcontinental  line,  valuable  in  itself 
and  one  which  others  were  already  preparing  to  secure,  we  had,  with  some 
friends,  organized  the  company  under  the  laws  of  Montana.  Work  was  begun 
at  once,  the  surveys  being  made  in  the  coldest  winter  weather.  Construction 
was  rushed.  The  track  was  completed  to  Helena  in  1887  and  to  Butte  by  the 
middle  of  1888.  A  branch  to  Sand  Coulee  opened  up  the  coal  mines  of  that 
region,  furnishing  fuel  for  use  on  the  ^Montana  and  Dakota  divisions  of  the 
line,  and  for  the  development  of  the  mining  interests  in  Montana  which  had  been 
obliged  up  to  that  time  to  bring  in  their  coal  from  Wyoming.  The  work  of 
extending  the  Manitoba  line  to  connect  with  the  Montana  Central  launched  this 
company  upon  the  most  active  period  of  construction  ever  known  in  this  country. 

"Five  hundred  continuous  miles  were  graded  between  April  and  September, 
1887,  ^ifl  by  November  18.  643  miles  of  track  had  been  laid,  an  average  rate  of 
construction  of  334  miles  for  each  working  day.  The  annual  report  for  that 
year  said :  'The  new  mileage  under  construction  within  the  period  covered  by 
the  fiscal  year  ending  June  30th  and  the  residue  of  the  calendar  year  1887  *  *  * 
amounts  to  the  relatively  large  quantity  of  1,443.97  miles,  or  95.5  per  cent  of 
the  mileage  under  operation  at  the  beginning  of  the  same  fiscal  year.'  But  this 
activity  on  the  main  line  to  the  west  was  only  one  item  in  the  extension  programme. 
In  the  years  between  1882  and  1888  the  stone  arch  bridge  and  terminals  in  Min- 
neapolis were  completed :  the  Dakota  line  down  the  Red  River  was  finished  to 
a  connection  with  the  Canadian  Pacific ;  the  Casselton  branch  was  purchased ; 
a  line  was  built  from  Willmar  to  Sioux  Falls,  and  afterwards  extended  to  Yank- 
ton ;  some  railroads  in  South  Dakota  were  bought :  the  ]\Iontana  Central  was 
taken  over  at  cost,  and  an  elevator  and  large  terminals  at  West  Superior  were 
arranged  for.  In  1889  the  line  to  Duluth  and  West  Superior  was  completed, 
giving  terminals  and  dock  accommodations  which  today  are  not  surpassed  any- 
where in  the  country.  The  total  mileage  operated  had  now  increased  to  3,030 
rniles.  The  company  had  also  begun  to  operate  its  own  steamships,  through  the 
Northern  Steamship  Company,  on  the  Great  Lakes.     These  boats,  which  began 


HISTORY  OF  NORTH  DAKOTA  339 

to  run  in  1888  and  1889,  not  only  afforded  greater  dispatch  in  the  carriage  of 
grain  and  flour  from  the  head  of  the  lakes  to  Buffalo  and  other  lake  ports,  but 
they  made  the  railroad  independent  of  other  lake  lines.  It  was  thus  enabled  to 
protect  its  patrons  and  to  prevent  its  reductions  in  rates  from  being  absorbed 
by  increases  made  by  the  lines  east  of  its  lake  terminals. 

"In  1889  the  Great  Northern  Railway  Company  was  organized,  to  bind  into 
a  compact  whole  the  various  properties  that  had  grown  too  large  for  the  charter 
limitations  of  the  old  Manitoba.  It  leased  all  the  property  of  the  latter  company 
and  was  prepared  to  finance  the  undertakings  about  to  be  completed  or  in  con- 
templation. By  1893  the  line  was  opened  through  to  Puget  Sound.  In  the  next 
five  or  six  years  many  improvements  were  made  by  relaying  track  with  heavier 
rails  and  by  changes  in  equipment  and  large  additions  thereto.  Branches  and 
feeders  were  built  to  round  out  the  system.  In  1897  a  more  direct  line  from 
the  head  of  the  lakes  to  the  west  was  created  by  purchase  and  construction  that 
completed  a  road  across  Northern  ^Minnesota  to  a  connection  with  the  main 
line.  The  taking  over  of  the  Seattle  &  Montana  which,  like  the  Montana  Cen- 
tral, had  been  built  by  us  to  assure  adequate  terminals  on  the  Pacific  Coast  and 
to  enable  construction  to  go  forward  from  both  ends  of  the  line  at  once,  extended 
the  system  from  Seattle  to  Vancouver,  B.  C.  In  1889  it  had  entered  the  ore- 
producing  regions  of  Northern  Minnesota  that  was  to  give  it  a  large  addition  to 
its  traffic. 

"Just  as,  in  the  building  of  the  Montana  Central  and  the  Seattle  &  Montana, 
it  was  necessary  to  know  thoroughly  the  country  in  advance  of  railroad  con- 
struction and  to  act  upon  that  knowledge,  so  these  ore  lands  in  Northern  Min- 
nesota had  to  be  examined:  and  some  of  them  it  seemed  desirable  to  acquire, 
with  a  view  to  the  effect  upon  the  future  of  the  company's  business.  In  Jan- 
uary, 1899,  I  purchased  the  Wright  &  Davis  property,  consisting  of  a  line  of  rail- 
road, some  logging  road  and  a  large  quantity  of  ore  lands.  The  purchase  for 
$4,050,000  was  made  by  me  individually.  My  purpose  was  to  secure  the  ship- 
ments of  ore  from  these  properties  for  the  Great  Northern  ;  and  the  profits  from 
the  mines,  if  there  were  any  profits,  for  the  stockholders  of  the  company.  The 
railroad  was  turned  over  to  the  Great  Northern  at  cost.  The  ore  property  was 
transferred  at  cost  to  the  Lake  Superior  Company,  Limited,  organized  October  20, 
1900,  to  hold  in  trust,  together  with  other  ore  interests  acquired  later.  A  trust 
to  administer  the  Great  Northern  ore  properties  was  formed  December  7.  1906, 
under  resolutions  adopted  by  the  Great  Northern  Company.  This  trust  took 
over  the  ore  interests  acquired  by  me,  additional  ore  lands  subsequently  secured 
and  other  properties.  It  issued  against  them  1,500.000  shares  of  certificates  of 
beneficial  interest,  which  were  distributed,  share  for  share,  to  holders  of  Great 
Northern  stock  at  the  time.  The  stockholders  were  thus  put  in  possession  of  all 
the  benefits  accruing  from  the  whole  transaction.  At  the  end  of  the  last  fiscal 
year  the  trustees  had  distributed  a  total  of  $7,500,000  to  the  certificate  holders, 
while  the  future  value  of  the  properties  so  covered,  owing  to  the  c|uality  and 
accessibility  of  the  ore  and  the  demand  of  the  iron  industry  for  new  supplies  of 
raw  material,  must  be  very  large. 

■'In  1901  the  company  decided  to  open  negotiations  for  the  joint  purchase  of 
the  Chicago,  Burlington  &  Ouincy  System  by  the  Great  Northern  and  the 
Northern  Pacific.     These  were  carried  to  a  successful  completion  by  the  issue 


340  HISTORY  OF  NORTH  DAKOTA 

of  joint  collateral  trust  bonds  to  the  amount  of  $215,154,000,  secured  by  the 
stock  of  the  company  acquired.  Time  has  confirmed  the  wisdom  of  this  act,  by 
which  through  traffic  arrangements  have  been  simplified,  and  the  public  has 
gained  much  by  the  drawing  together  of  markets  and  the  quick  and  cheap  dis- 
tribution of  products  between  Chicago,  St.  Louis  and  the  Pacific  Coast. 

'Tt  was  planned,  through  the  formation  of  the  Northern  Securities  Com- 
pany, to  form  a  holding  concern  for  the  control  of  these  three  great  properties. 
The  purpose  was  to  prevent  a  dispersion  of  securities  that  might  follow  where 
large  amounts  were  held  by  men  well  advanced  in  years,  and  so  to  secure  the 
properties  against  speculative  raids  by  interests  at  best  not  directly  concerned 
in  the  progress  of  the  country  served  by  these  lines.  This  was  declared  illegal, 
under  the  Sherman  anti-trust  law,  by  a  divided  court,  upon  suit  by  the  United 
States  Government,  and  the  Northern  Securities  Company  was  dissolved. 

"In  1907  the  subsidiary  companies  controlled  by  the  Great  Northern,  includ- 
ing fourteen  railway  companies  operated  as  a  part  of  it,  were  purchased  and 
incorporated  into  the  Great  Northern  System,  making  of  these  related  parts  one 
homogeneous  whole.  In  the  same  year  I  resigned  the  presidency  of  the  system, 
and  became  chairman  of  the  board  of  directors — the  office  that  I  lay  down 
today.  The  work  of  extension  and  improvement  has  gone  forward  steadily.  By 
the  construction  of  the  Spokane,  Portland  &  Seattle  line,  along  the  north  bank  of 
the  Columbia  River,  the  Great  Northern  and  the  Northern  Pacific  obtained 
jointly  entry  over  their  own  tracks  into  Portland.  Lines  are  now  being  con- 
structed through  Eastern  Oregon  that  will  open  up  a  large  and  productive 
country.  In  1909  the  Burlington  obtained  control  of  the  Colorado  &  Southern; 
so  that  the  Great  Northern  covers,  directly  or  over  the  tracks  of  allied  lines,  a 
territory  reaching  from  Chicago,  St.  Paul,  Minneapolis,  Duluth  and  Superior 
on  the  east  to  Puget  Sound  and  Portland  on  the  west,  and  from  Galveston  to 
\''ancouver,  B.  C.  The  Great  Northern  System  has  grown  from  less  than  four 
hundred  miles  of  the  original  purchase  to  7,407  miles. 

"I  have  some  pride  in  the  fact  that,  while  constantly  increasing  both  the 
volume  and  the  efficiency  of  its  service,  the  Great  Northern  has  at  the  same  time 
carried  to  market  the  products  of  the  country  at  rates  which  have  greatly  devel- 
oped the  territory  served  by  its  lines.  If  the  freight  and  passenger  rates  in  force 
in  1881  had  remained  unchanged  until  1910,  the  total  revenue  collected  from 
both  sources  for  the  thirty  years  would  have  been  $1,966,279,194.80.  The 
revenue  actually  collected  was  $698,867,239.91.  The  saving  to  shippers  by  the 
rate  reductions  which  this  represents  was  $1,267,411,954.89,  or  nearly  twice  the 
total  amount  received  by  the  railroad.  The  average  par  value  of  its  outstanding 
stock  and  bonds  in  the  hands  of  the  public  during  the  same  time  was  $155,576,917. 
Rate  reductions  in  thirty  years  saved  to  the  public  more  than  eight  times  the 
average  capitalization.  In  other  words,  the  railroad  could  have  paid  cash  for 
the  entire  par  value  of  its  stocks  and  bonds  in  less  than  every  four  years  out  of 
its  earnings.     I  hope  this  may  be  considered  a  fair  division. 

"The  results  herein  summarized  could  not  have  been  obtained  without  the 
cooperation  of  a  staft"  of  able  and  devoted  assistants,  trained  to  administrative 
work  and  grounded  in  right  methods.  It  was  clear  to  me  from  the  first  that  the 
railroad  must  net  more  for  the  money  it  expended  than  the  returns  generally 
accepted  at  the  time.     High  efficiency  could  be  achieved  only  through  the  work 


HISTORY  OF  NORTH  DAKOTA  o-tl 

of  highly  efficient  men  working  with  the  best  apphances.  The  staff  was  built  up 
by  recognizing  inteUigence  and  merit  through  promotions  as  vacancies  occurred 
m  the  company's  service,  and  by  establishing  throughout  a  morale  that  was  rec- 
ognized by  employes  from  the  highest  to  the  lowest.  The  result  has  been  com- 
petence and  loyalty,  physical  efficiency  and  financial  success. 

"I  shall  give  only  a  short  summary  of  the  financing  of  this  great  under- 
taking. The  Great  Northern  was  built  by  the  money  furnished  by  its  stock  and 
bond  holders  and  with  what  it  earned.  As  part  of  the  property  of  the  St.  Paul 
&  Pacific  it  obtained  some  fragments  of  a  land  grant  in  Minnesota  to  that  com- 
pany. With  the  proceeds  of  the  sales  of  these  lands  nearly  $13,000,000  of  bonds 
were  retired  and  the  annual  interest  charge  has  been  correspondingly  reduced. 
All  the  other  transcontinental  lines  had  received  large  subsidies  in  cash  or  land 
grants,  or  both.  They  suffered  the  check  of  financial  stresses  and  passed  through 
receiverships  and  reorganizations.  The  Great  Northern,  which  includes  the  Mani- 
toba, never  failed,  never  passed  a  dividend,  never  was  financially  insecure  in  any 
time  of  panic.  For  thirty-three  years  its  credit  has  been  unimpaired  and  its 
resources  equal  to  any  demands  upon  them ;  and  in  times  of  financial  distress 
it  has  been  able  to  assist  materially  in  moving  the  crops  of  the  Northwest.  The 
security  of  the  investments  of  the  holders  of  stock  and  bonds  has  always  been  a 
first  consideration ;  and  the  success  and  prosperity  that  attend  the  company  today 
have  not  been  purchased  either  by  any  doubtful  transactions  in  the  stock  market 
or  at  the  cost  of  one  dollar  ever  committed  by  man  or  woman  to  this  company 
in  trust. 

"When  we  obtained  an  option  on  the  securities  of  the  old  St.  Paul  &  Pacific 
Company,  no  individual  or  financial  house  in  Europe  or  America,  outside  of 
those  associated  with  us,  would  have  taken  the  bargain  off  our  hands.  By  a  few 
it  was  regarded  as  a  doubtful  venture,  by  most  as  a  hopeless  mistake.  As  has 
been  said,  obligations  aggregating  about  $44,000,000  were  capitalized  at  a  little 
over  $31,000,000.  The  first  stock  issue  was  $15,000,000.  The  increase  of  capi- 
talization from  that  day  to  this  has  followed  step  by  step  the  growth  of  the 
property,  though  falling  far  below  its  aggregate  cost.  Millions  of  earnings  have 
been  used  in  betterments  and  new  construction  that  are  usually  covered  by  the 
sale  of  stock  and  bonds. 

"The  stock  of  the  St.  Paul,  Minneapolis  &  Manitoba  was  limited  by  its  charter 
to  $20,000,000.  When  the  Great  Northern  was  organized  it  took  over  the  charter 
of  the  Minneapolis  &  St.  Cloud  Railway  Company.  The  capital  stock  was  made 
$20,000,000,  which  was  afterwards  increased  to  $40,000,000,  in  half  common 
and  half  preferred.  This  was  further  increased  to  $45,000,000  in  1893  and  to 
$75,000,000  in  1898,  none  of  which  was  issued  as  common  stock,  but  all  made 
uniform  in  character  and  all  shares  having  equal  rights.  As  the  addition  of 
mileage,  the  purchase  of  many  minor  companies,  the  consolidation  of  all  the 
ori<^inally  separate  corporations  into  one  system,  with  the  exchange  of  its  stock 
for  theirs,  and  the  addition  of  equipment  and  betterments  required,  the  capital 
stock  was  added  to  from  time  to  time.  In  1899  it  became  $99,000,000;  in  1901, 
$125,000,000;  in  1905,  $150,000,000;  and  in  1906,  $210,000,000,  at  which  figure 
it  stands  today.  Every  dollar  of  this  represents  honest  value  received.  But  the 
problems  of  its  issue  and  disposal,  the  creation  of  a  market  for  securities,  the 
safeguarding  of  it  against  attack  and  its  maintenance  as  an  investment  attractive 


342  HISTORY  OF  NORTH  DAKOTA 

and  secure  were  difficult  and  slow  of  solution.  The  company  has  now  acquired 
a  standing  which  nothing  in  the  ordinary  course  of  events  can  impair. 

"The  issue  and  placing  of  bonds  was  in  some  respects  simpler  and  in  some 
more  complex  than  the  distribution  of  stock.  At  the  time  when  the  St.  Paul, 
Minneapolis  &  Manitoba  was  organized  and  for  many  years  thereafter  the  rail- 
road world  was  governed  by  a  code  now  done  away  with.  It  was  the  general 
practice  to  build  new  roads  with  the  proceeds  of  bond  issues.  The  accompanying 
stock  was  considered  the  legitimate  property  of  the  promoters,  who  were  accus- 
tomed to  use  part  of  it  as  a  bonus  to  the  subscribers  for  bonds.  When  profits 
were  large,  stock  dividends  were  held  perfectly  proper;  and  the  general  practice 
of  railroads  was  to  divide  all  profits  in  sight,  and  charge  to  capitalization  all 
expenditures  that  could  be  so  covered.  This  code  and  these  policies  were  those 
not  merely  of  speculators  or  railroad  managers,  but  were  publicly  sanctioned 
both  as  a  part  of  the  necessary  conduct  of  the  business  and  ethically.  This 
difference  of  standards  has  to  be  borne  in  mind  constantly  whenever  one  deals 
with  railroad  developments  dating  much  earlier  than  twenty-five  years  ago. 

"During  1878,  before  the  road  was  organized,  112  miles  of  track  were  built, 
and  more  than  that  the  year  following.  A  large  amount  of  equipment  was 
bought.  To  cover  this  outlay  a  part  of  the  proceeds  of  the  second  mortgage 
issue  of  $8,000,000  was  used.  There  was  originally  a  limit  of  bond  issues  to 
$12,000  per  mile  of  single  track  road ;  which  was  found  to  be  insufficient  even 
for  work  mostly  on  prairie.  In  1880  the  Dakota  extension  mortgage  was  author- 
ized, of  which  $5,676,000  of  6  per  cent  bonds  were  issued  from  time  to  time, 
and  this  total  of  less  than  $22,000,000  covered  the  whole  bonded  indebtedness  of 
the  company  down  to  18S3.  But  it  by  no  means  covered  the  actual  expenditures 
for  which  bonds  might  legitimately  be  issued. 

"The  period  from  1879  to  1883,  when  the  railroad  was  still  an  experiment  in 
the  minds  of  most  eastern  capitalists,  was  not  a  time  to  enlarge  the  volume  of 
securities  or  ask  outside  capital  to  bid  for  them.  All  that  this  could  have  secured 
would  have  been  some  sales  at  much  below  par  and  an  impaired  credit.  Yet 
money  must  be  had  to  keep  going  the  extension  which  was  creating  a  new  North- 
west;  and,  through  that,  a  profitable  and  assured  future  for  the  company.  So 
another  method  was  adopted.  The  company  diverted  to  these  uses  the  money 
which  might  have  been  divided  as  profits  among  the  stockholders.  At  one  time 
210  miles  of  road  were  built  and  $1,700,000  were  spent  on  equipment  without  a 
bond  issue.  The  company  became  its  own  banker  while  waiting  for  a  favorable 
market  to  be  created.  The  stockholders  temporarily  renounced  their  profits  in 
order  to  leave  their  money  in  the  enterprise.  But  it  remained  their  money,  and 
their  title  to  it  was  indisputable.  It  was  costing  now  very  much  more  than 
$12,000  a  mile  to  build  a  substantial  track.  In  all,  about  $11,000,000  of  profits 
were  put  into  new  construction  and  betterments.  The  stockholder  of  that  day 
expected  these  profits  to  be  distributed.  His  right  to  them  was  sanctioned  by 
public  opinion  as  well  as  by  custom  and  law.     It  was  recognized  in  1883. 

"In  that  year  the  credit  foundation  of  the  company  was  broadened  and  its 
methods  systematized  by  the  authorization  of  $50,000,000  consolidated  mort- 
gage bonds.  Of  this  amount,  $19,426,000  were  reserved  to  retire  prior  bonds, 
$10,574,000  were  to  be  issued  immediately  and  the  remaining  $20,000,000  were  to 
be  issued  only  on  the  construction  thereafter  of  additional  track  at  the  rate  of  not 


,;,   if  .;,,; 


c;v  ■  «'.,-:-'l,-  '<».- 


:.:M 


HARVESTING  SCENES  IN  NUKTH  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  343 

to  exceed  $15,000  per  mile,  although  the  cost  per  mile  was  often  as  high  as 
$25,000,  and  the  cost  of  terminals  added  largely  to  this  sum.  Of  the  $10,574,000 
bonds  issued  on  execution  of  the  mortgage,  $10,000,000  were  sold  to  the  stock- 
holders at  par,  payable  10  per  cent  in  cash  and  90  per  cent  in  the  property  that 
had  been  constructed  or  acquired  with  the  stockholders'  money,  thus  returning 
to  them  $9,000,000  of  the  forced  loans  taken  from  them  by  sequestration  of 
$11,000,000  of  their  profits  during  the  previous  years.  To  the  stockholders  the 
only  ditTerence  was  they  received  a  portion  of  the  legitimate  earnings  of  the 
company  in  the  shape  of  bonds  instead  of  cash,  and  were  deprived  of  the  per- 
sonal use  of  it  during  the  time  that  it  had  been  used  by  the  company.  The  differ- 
ence to  the  company  was  $2,000,000,  or  more,  as  it  sold  to  its  stockholders  at 
par  bonds  which  if  placed  on  the  market  three  years  before  could  have  been  sold 
only  at  a  heavy  discount;  besides  it  was  an  indispensable  aid  to  immediate  growth 
and  a  conservation  and  building  up  of  credit.  The  difference  to  the  public  was 
not  a  penny  either  way. 

"As  branch  lines  were  built  or  acquired  their  bonds  were  guaranteed.  In 
1887  an  issue  of  $25,000,000  on  lines  in  Montana  was  authorized.  Some  improve- 
ment bonds  were  issued.  The  extension  to  the  Pacific  Coast  was  financed  by  the 
issue  of  £6,000.000  of  mortgage  bonds  against  the  extension  lines  by  the  Mani- 
toba company.  In  1889  the  bonded  debt  had  become  $60,985,000.  The  Great 
Northern,  which  now  took  the  place  of  other  companies,  issued  collateral  trust 
bonds,  which  were  afterward  retired  from  the  proceeds  of  stock  issues  in  1898. 
It  assumed  the  payment  of  bonds,  principal  and  interest,  of  the  companies  taken 
into  the  system;  and  its  bonded  debt  thus  became  $125,975,909  in  1908,  of  which 
over  $28,000,000  were  held  as  free  assets  in  the  company's  treasury.  Last  year 
the  total  bonds  on  the  property  outstanding  in  the  hands  of  the  public  amounted 
to  $144,331,909. 

"Of  this  total,  $35,000,000  were  part  of  the  issue  of  first  and  refunding  mort- 
gage gold  bonds  authorized  in  191 1  ;  which  brings  us  to  the  final  standardization 
of  the  company's  securities  and  the  act  by  which  it  provided  against  future  con- 
tingencies. This  issue,  of  $600,000,000  in  all,  stands  to  the  big  systems  of  today 
as  the  $50,000,000  issue  of  consolidated  bonds  did  to  the  small  system  of  twenty- 
eight  years  before.  It  creates  a  financial  clearing  house  through  which  its  sev- 
eral outstanding  securities  may  be  converted  into  one  of  standard  form  and 
value ;  and  it  forms  in  addition  a  reservoir  of  authorized  credit  so  carefully 
guarded  by  the  conditions  of  the  mortgage  that  it  cannot  be  abused  or  dissipated, 
yet  so  ample  that  it  will  supply  all  needs  for  probably  fifty  years  to  come.  No 
private  estate  in  this  country  is  more  carefully  provided  against  the  future  than 
is  the  property  of  the  Great  Northern  Railway  Company.  All  prior  mortgages 
become  closed,  and  more  than  one-half  of  the  total  $600,000,000  is  to  be  used 
to  redeem  bonds  issued  under  them  and  those  issued  to  buy  the  company's  inter- 
est in  the  Burlington.  Nearly  $123,000,000  may  be  used  to  cover  the  cost  of 
other  properties  acquired  or  to  be  acquired;  while  $100,000,000  may  be  issued,  at 
not  to  exceed  $3,000,000  per  annum,  to  cover  the  cost  of  future  construction, 
acquisition  and  betterments. 

"The  financial  outlook  of  this  company  is  as  well  assured  as  that  of  most 
governments.  It  has  a  provision  made  now,  deliberately  and  not  under  any 
pressure  of  necessity,  for  the  work  of  years  to  come.     That  provision  may  be 


344  HISTORY  OF  NORTH  DAKOTA 

utilized  in  lean  years  and  held  in  suspense  in  fat  years,  so  as  always  to  realize  the 
best  prices  for  securities  and  to  keep  the  credit  of  the  company  unimpaired.  No 
emergency  can  surprise  it.  It  is  financed  for  a  period  beyond  which  it  would  be 
fanciful  to  attempt  to  provide.  And  the  development  of  its  business  throughout 
every  part  of  the  practically  half  a  continent  which  it  serves  makes  the  payment 
of  dividends  on  the  stock  as  certain  as  that  of  its  bond  coupons.  There  has  never 
been  a  default  in  either.  There  has  never  been  a  dollar's  worth  of  stock  or 
bonds  issued  that  was  not  paid  for  in  cash,  property  or  services  at  its  actual 
cash  value  at  the  time.  The  stock  has  paid  a  dividend  ever  since  1882,  and  since 
1900  the  rate  has  remained  steadily  at  7  per  cent. 

"The  occasion  permits  no  more  than  this  condensed  statement,  passing  in 
hasty  review  the  fortunes  of  the  railroad  enterprise  for  more  than  thirty-five 
years.  The  first  phase  of  the  Great  Northern  Railway  System  is  ended.  The 
value  of  the  property  is  founded  on  the  resources  of  the  country  it  traverses. 
From  the  head  of  the  lakes  to  Puget  Sound  this  is  rich  agricultural  land.  From 
fifty  to  one  hundred  miles  of  the  line  run  through  mountain  valleys,  but  even 
these  are  susceptible  of  cultivation.  Barring  only  the  actual  summits  of  the 
mountain  passes,  the  country  is  capable,  under  the  best  modern  agricultural  treat- 
ment, of  multiplying  its  wealth  indefinitely  and  furnishing  increasing  and  profit- 
able tonnage  for  years  to  come.  The  Great  Northern  is  now  wrought  so  firmly 
into  the  economic  as  well  as  the  corporate  body  of  the  land  as  to  have  fitted  itself 
permanently  into  the  natural  frame  of  things.  So  far  as  any  creation  of  human 
effort  can  be  made,  it  will  be  proof  against  the  attacks  of  time." 

The  two  great  constructive  forces  in  the  development  of  North  Dakota  were 
the  Great  Northern  and  Northern  Pacific  railroads.  They  were  largely  St.  Paul 
enterprises,  and  Minneapolis  men  and  resources  have  been  rivals  almost  from  the 
beginning;  so  Minneapolis  capital  built  the  Minneapolis  &  St.  Louis  to  rival 
St.  Paul's  St.  Paul  &  Sioux  City ;  it  reached  the  lakes  at  Sault  Ste.  Marie,  and  it 
extended  its  lines  to  remote  comers  of  North  Dakota  in  competition  with  the 
St.  Paul  lines,  and  also  became  a  factor  in  the  rapid  development  of  North 
Dakota. 

The  Chicago  and  Milwaukee  lines  also  performed  their  part,  but  more  par- 
ticularly as  to  South  Dakota.  The  "Soo"  had  no  land  grant ;  the  Milwaukee  and 
Chicago  lines  had  none  in  Dakota. 

JAMES    J.    HILL 

James  J.  Hill,  born  at  Rockwood,  Canada,  in  1836,  reached  St.  Paul  in  1856, 
where  he  was  employed  on  the  levee.  When  the  first  railroad  started  jn  St.  Paul, 
the  old  St.  Paul  &  Pacific,  Mr.  Hill  became  the  station  agent  for  the  road,  but 
not  in  an  ordinary  way  with  a  monthly  salary  stipendiary,  but  under  a  contract  to 
handle  all  the  traffic  at  so  much  per  ton.  In  those  days  wood  was  the  only  fuel. 
Hard  coal  could  only  be  secured  by  the  long  river  route  from  Pittsburgh,  and 
very  little  came  to  the  city,  save  for  the  use  of  the  gas  company.  The  public  and 
business  buildings,  as  well  as  private  houses,  were  supplied  with  wood  fires.  One 
of  his  first  strokes  of  business,  the  foundation  for  his  fortune,  was  when  the 
St.  Paul  &  Pacific  Railroad  was  extended  into  what  is  still  called  the  Big  Woods 
Region  of  Minnesota,  some  fifty  or  sixty  miles  from  St.  Paul.     He  was  able  to 


HISTORY  OF  NORTH  DAKOTA  345 

make  an  exclusive  contract  with  the  railroad,  whereby  he  alone  could  bring  wood 
into  the  city  at  a  given  rate  per  cord,  and  consequently  the  entire  fuel  business  of 
the  city  was  at  his  command.  It  is  to  his  credit  to  say  that  he  did  not  use  this 
power  to  extort  unfair  prices  from  the  people.  A  moderate  supply  of  fuel  was 
brought  in  by  teams  and  sold  upon  the  public  wood  market,  but  Mr.  Hill  prac- 
tically regulated  their  prices  by  making  his  own  prices  as  moderate  as  the  cost  of 
cutting  and  transportation  would  permit.  The  business,  nevertheless,  was 
undoubtedly  very  lucrative. 

His  familiarity  with  the  river  btisiness  on  the  Mississippi  led  him  to  engage 
in  traffic  for  himself  on  the  Red  River  of  the  North,  through  which  he  not  only 
grasped  the  trade  of  Northern  Minnesota  with  its  sparse  population,  but  also 
tapped  that  of  Winnipeg  and  Northern  Canada.  Starting  with  one  steamer,  he 
made  such  success  that  in  1872  he  consolidated  his  Red  River  interests  with  those 
of  the  late  Norman  W.  Kittson,  who  represented  the  great  Hudson's  Bay  Com- 
pany, and  formed  the  Red  River  Transportation  Company,  and  before  the  rail- 
roads relegated  navigation  on  the  Red  River  of  the  North  to  the  past,  he  had  no 
less  than  seven  steamers  and  fifteen  barges  in  his  fleet.  He  was  the  manager 
and  moving  spirit  in  the  Red  River  Transportation  Company  until  the  business 
was  abandoned  owing  to  the  building  of  the  railroads. 

Like  most  new  enterprises  in  a  new  country,  the  original  capitalists  and  pro- 
moters of  the  St.  Paul  &  Pacific  Railroad  did  not  profit  by  the  germ  which  has 
since  developed  into  the  magnificent  and  profitable  Great  Northern  system.  The 
local  people  used  the  munificent  land  grant  in  Minnesota  as  a  basis  of  credit,  and 
obtained  in  Holland  a  good  many  million  dollars,  for  which  bonds  were  issued. 
The  business  of  the  road  was  very  moderate  because  the  population  was  too  small 
to  furnish  business,  St.  Paul  and  Minneapolis  being  hamlets  rather  than  cities  in 
those  days,  and  the  entire  population  of  the  state  was  less  than  two  hundred  thou- 
sand people.  The  rails  and  eciuipment  were  so  cheaply  constructed  that  they  would 
not  be  thought  of  today  by  any  road,  however  small.  Bridges  were  wooden,  and 
culverts  were  cheaply  built,  and  the  bill  for  repairs  and  renewals  was  a  draft 
upon  the  resources  of  the  railroad  far  beyond  its  ability  to  meet  from  its  operating 
income.  In  fact,  its  operating  income  was  required  to  meet  its  operating  expenses 
without  providing  means  for  betterments.  The  value  of  the  land  was  a  long  look 
ahead,  and  the  Dutch  bondholders  in  Amsterdam  became  weary  of  and  disgusted 
with  their  investment.  They  were  willing  and  anxious  to  dispose  of  their  bonds 
at  almost  any  price  they  could  get,  and  under  these  circumstances  it  is  not  sur- 
prising that  their  values  fell  to  10  cents  on  a  dollar. 

What  followed  is  told  in  the  language  of  Mr.  Hill  in  the  letter  to  the  stock- 
holders above  printed.  It  is  a  part  of  the  history  of  the  Red  River  Valley  and 
of  the  Dakotas. 

Mr.  Hill  believed  in  the  Northwest,  and  believed  it  had  a  great  future  before 
it,  and  consequently  he  was  enabled  to  enlist  capital,  and  purchased  bonds.  The 
road  had  been  thrown  into  the  hands  of  a  receiver,  but  the  bonds  were  being 
purchased  just  the  same  by  Mr.  Hill  and  the  capitalists  who  associated  with  him. 
His  relations  with  Mr.  Kittson,  who  had  been  associated  with  him  in  the  Red 
River  Transportation  Company,  proved  of  immense  value.  Mr.  Kittson  was  a 
personal  friend  of  Donald  A.  Smith,  of  Winnipeg,  later  a  member  of  the  House 
of  Lords   in   England  and   Canadian   Commissioner  to   the  home   government. 


346  HISTORY  OF  NORTH  DAKOTA 

j\Ir.  Smith's  influence  brought  in  connection  with  the  party  Mr.  George  Stephen, 
also  a  member  of  the  House  of  Lords  in  England.  At  that  time  he  was  president 
of  the  Bank  of  Montreal,  one  of  the  strongest  financial  institutions  on  the  con- 
tinent. The  result  was  that  the  property  and  land  grant  of  the  old  St.  Paul  & 
Pacific  were  foreclosed  upon  and  the  purchasers  of  the  bonds  in  Amsterdam  were 
the  purchasers  of  the  entire  system  under  the  foreclosure.  The  road  passed  from 
the  hands  of  the  receiver  into  the  hands  of  the  new  company.  They  obtained  in 
this  manner  437  miles  of  railroad,  to  which  they  promptly  added  220  more,  as 
well  as  rebuilt  much  of  the  old  line,  substituting  iron  bridges  for  wooden,  lowering 
grades  and  cutting  out  vexatious  curves,  and  in  ever)-  way  improved  the  system  so 
that  the  expense  for  operating  produced  greatly  increased  earnings.  This  is  the 
theory  upon  which  Mr.  Hill  always  acted,  and  in  a  large  measure  is  the  cause  of 
his  success  in  railroad  construction  and  operating. 

It  was  in  1879  ^^'^'^^  ^^^  ^^-  Paul,  Minneapolis  &  Manitoba  Railroad  Company 
was  organized  by  the  syndicate  which  ^Messrs.  Hill  and  Kittson  had  formed. 
Mr.  Hill  was  the  first  general  manager  of  the  company  and  devoted  his  wonderful 
energies  and  vitality  to  the  direct  operating  afl^airs  of  the  railroad.  He  threw  all 
the  energies  of  his  nature  into  this  work,  and  no  detail  of  the  system  escaped 
his  personal  attention.  He  knew  what  the  cost  of  every  item  should  be.  From 
a  spike  to  a  steel  rail  or  a  locomotive,  he  could  tell  in  an  instant  what  the  com- 
pany should  pay  for  it. 

Of  the  first  tract  of  land  in  Xorth  Dakota  to  which  title  was  acquired  from 
the  Government,  Mr.  Hill  purchased  five  acres  for  use  in  his  Red  River  trade, 
and  this  was  the  first  transfer  of  land  in  North  Dakota.  For  nearly  fifty  years 
his  was  the  influence  overshadowing  all  others  for  the  upbuilding  of  North 
Dakota. 

James  J-  Hill  died  May  25,  1916.  At  the  hour  of  his  funeral  business  stood 
still  and  every  head  in  North  Dakota  and  Minnesota  bowed  in  silence  or  in  prayer 
out  of  regard  for  this  truly  great  man.  Business  houses  closed,  railroad  trains 
stopped  wherever  they  happened  to  be ;  teams  stopped  on  the  highway ;  plows 
ceased  to  move  in  the  furrow  and  the  hand  of  the  seeder  was  stayed  while  all 
hearts  went  out  and  up  for  him  who  had  been  their  friend,  and  who  was  now  gone 
from  earth's  activities. 

THE  RED  RIVER  V.\LLEY 

The  following  sketch  of  the  opening  of  the  Red  River  trade  belongs  to  this  story 
of  Mr.  Hill.  It  is  from  the  pen  of  Capt.  Russell  Blakely,  the  head  of  the  great 
transportation  interests,  the  immediate  predecessors  of  the  railroads : 

May,  1857,  the  English  House  of  Commons  took  the  initial  steps  toward 
opening  the  British  Possessions  in  North  America,  then  in  the  control  of  the 
Hudson's  Bay  Company  to  civilization  and  unrestricted  commerce.  The  committee 
having  the  matter  in  charge  reported  in  favor  of  termination  of  the  control  of 
the  Hudson's  Bay  Company  at  the  end  of  their  then  twenty-first  year  term  expir- 
ing in  1869. 

In  1857  the  Hudson's  Bay  Company  completed  arrangements  with  the  secre- 
tary of  the  treasury  of  the  United  States  whereby  goods  for  that  company  could  be 
carried  in  bond  through  the  United  States,  thus  practically  doing  away  with  their 


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HISTORY  OF  NORTH  DAKOTA  347 

Hudson's  Bay  Station  known  as  York  Factory,  to  which  goods  were  then  being 
shipped,  vessels  arriving  and  departing  once  a  year.  In  the  summer  of  1858  two 
or  three  shipments  of  goods  were  so  made  leaving  the  Mississippi  River  at  St. 
Paul  and  conveyed  thence  by  Hudson's  Bay  carts  under  the  direction  of  James 
McKey. 

In  October,  1858,  Capt.  Russell  Blakely  of  St.  Paul,  accompanied  by  John  R. 
Irvine,  visited  the  Red  River  Valley  via  St.  Peter,  Fort  Ridgeley,  Yellow  Medi- 
cine, Lac  qui  Parle,  and  the  Kittson  Trail  to  Fort  Abercrombie.  Capt.  Nelson 
H.  Davis  and  Lieut.  P.  Hawkins  of  the  Second  United  States  Infantry,  with  their 
company  were  then  stationed  there.  Jessie  M.  Stone  was  sutler.  The  fort  had 
been  hastily  built  and  consisted  of  a  few  log  cabins  on  the  low  lands.  "Burling- 
ton" and  "Sintominie,"  prospective  Red  River  cities  were  passed  and  "La- 
fayette," opposite  the  mouth  of  the  Sheyenne,  about  three  miles  from  Georgetown 
was  reached,  from  which  point  Mr.  Blakely  made  his  observations  as  to  the 
possibilities  of  Red  River  navigation. 

Resulting  from  the  report  of  Mr.  Blakely,  the  St.  Paul  Chamber  of  Commerce 
paid  a  bonus  of  $2,000  for  the  first  steamboat  to  be  placed  on  the  Red  River. 
Anson  Northup  had  bought  the  old  North  Star  at  Minneapolis  and  took  it  up 
the  river  over  Sauk  Rapids  and  Little  Falls,  running  up  as  far  as  Grand  Rapids. 
This  boat  was  laid  up  at  Crow  Wing  that  fall,  where  lumber  for  the  new  boat 
was  sawed  and  taken  over  the  country,  together  with  the  machinery  of  the  North 
Star,  which  had  originally  been  brought  from  Maine  and  in  185 1  was  placed  in 
the  Governor  Ramsey  and  later  in  the  North  Star,  to  Lafayette,  where  the 
Anson  Northup  was  built,  and  launched  in  1859.  Thirty-four  teams  were  used  in 
taking  the  boat  and  its  furnishings  from  Crow  Wing  to  Lafayette. 

Having  run  up  to  Fort  Abercrombie  the  boat  left  that  point  for  Fort  Garry, 
now  Winnipeg,  May  17th,  arriving  at  Fort  Garry,  June  5,  1859.  She  returned  to 
Fort  Abercrombie  with  twenty  passengers,  where  she  was  tied  up,  and  when  Cap- 
tain Blakely  and  others  desired  her  further  services  they  were  informed  that  they 
would  have  to  buy  her  if  they  wanted  to  run  her.  Latter  she  was  purchased  by 
J.  C.  Burbank. 

Resulting  from  the  mail  lettings  of  1858  the  Minnesota  Stage  Company  was 
organized  by  J.  C.  Burbank,  Russell  Blakely  and  Alvaren  Allen,  Allen  being  asso- 
ciated with  Mr.  Chase,  and  they  had  the  contracts  from  St.  Paul  to  Abercrombie 
and  other  northwestern  points.  The  road  to  be  fitted  up  for  the  stages  on  the 
routes  it  was  proposed  to  put  on  ran  from  St.  Cloud  via  Cold  Springs,  New 
Munich,  Melrose,  Winnebago  Crossing,  Sauk  Rapids,  Kandota,  Osakis,  Alex- 
andria, Dayton  and  Breckenridge  to  Abercrombie.  The  party  left  St.  Cloud  in 
Tune,  1859.  for  the  opening  of  this  route.  Accompanying  the  expedition,  aside 
from  the  teamsters,  bridge  builders,  station  keepers,  etc.,  were  Misses  Ellenora 
and  Christiana  Sterling  from  Scotland,  Sir  Francis  Sikes  of  England,  and 
servants  together  with  J.  W.  Taylor,  so  long  consul  at  Winnipeg.  Northup 
having  refused  to  operate  his  boat,  this  party  built  a  flat  boat  at  Abercrombie 
and  went  down  the  river  to' Fort  Garry,  and  the  ladies  went  on  to  Lake  Atha- 
basca, where  they  arrived  just  as  winter  set  in.  They  were  twenty-two  days 
going  down  the  river  from  Abercrombie  to  Garry,  and  their  craft  was  the  first 
boat  on  the  Red  River.     Pelican  Lake  was  named  Ellenora  for  one  of  these  ladies 


348  HISTORY  OF  NORTH  DAKOTA 

and  the  one  just  east  of  it  Christiana  for  the  other.     George  VV.  Northrup  was 
captain  of  this  boat. 

On  his  way  to  St.  Paul  on  his  return  trip  Captain  Blakely  learned  of  the 
purchase  of  the  boat  by  Mr.  Burbank.  He  notes  the  following  members  of  the 
crew  en  route  to  put  her  to  work :  Edwin  Bell,  captain ;  Dudley  Kelly,  clerk ; 
J.  B.  Young,  pilot;  A.  R.  Young,  engineer.  The  point  chosen  for  the  head  of 
navigation  was  below  the  mouth  of  the  Butfalo  River,  about  three  miles  from 
Lafayette,  where  the  boat  had  been  built.  The  boat  unloaded  at  Goose  Rapids, 
and  McKey  was  about  to  take  its  cargo  via  carts  to  Garry  when  the  timely 
arrival  of  Captain  Blakely  resulted  in  the  construction  of  wing  dams,  which 
carried  the  boat  safely  over  the  rapids,  and  its  tonnage  landed  all  right  at  Garry. 
The  crew  returned  via  carts  to  St.  Paul. 

In  the  spring  of  i860  Captain  Blakely  and  associates  completed  a  contract 
with  Sir  George  Simpson  for  the  transportation  of  500  tons  annually  from  St. 
Paul  to  Fort  Garry  for  a  period  of  live  years. 

The  Anson  Northup  was  repaired  in  the  spring  of  i860  and  became  the 
Pioneer  and  was  commanded  that  summer  by  Capt.  Sam  Painter,  with  Alden 
Bryant,  clerk.  The  mail  was  extended  from  Abercrombie  to  Pembina  and  Wil- 
liam Tarbell  and  George  W.  Northrup  were  employed  as  carriers,  using  carts  in 
summer  and  dog  train  in  winter. 

In  i860  Capt.  John  B.  Davis  undertook  to  take  his  steamboat  The  Freighter, 
up  the  Minnesota  River,  and  cross  it  over  into  the  Red  River.  The  boat  left 
St.  Paul  in  high  water  and  got  within  about  eight  miles  of  Big  Stone  Lake,  but 
had  to  give  it  up.  The  Freighter  was  sold  to  Burbank  &  Co.,  and  C.  P.  V.  Lull 
took  out  the  machinery  and  hauled  it  over  to  Georgetown,  where  the  boat  was 
rebuilt  and  became  the  International.  A.  W.  Kelly,  now  of  Jamestown,  sawed 
the  lumber  for  this  boat.  The  engines  were  put  in  by  Edwin  R.  Abell.  The 
International  measured  137  feet  in  length  by  26  feet  beam  and  was  rated  at  133 
tons.  C.  P.  V.  Lull  ran  her  for  a  trip  or  two  when  N.  W.  Kittson  took  charge 
of  her,  on  account  of  his  ability  to  talk  with  the  Indians. 

The  Indians  had  protested'  against  the  use  of  the  river  for  steamboats,  com- 
plaining that  the  boats  drove  away  the  game  and  killed  the  fish,  while  the  whistle 
made  such  an  unearthly  noise  that  it  disturbed  the  spirits  of  their  dead  and  their 
fathers  could  not  rest  in  their  graves.  They  demanded  four  kegs  of  yellow 
money  to  quiet  the  spirits  of  their  fathers  or  that  the  boats  be  stopped.  At  this 
time  Clark  W.  Thompson,  superintendent  of  Indian  affairs  and  Indian  Commis- 
sioner Dole,  were  "en  route  to  the  mouth  of  the  Red  Lake  River,  opposite  Grand 
Forks,  to  hold  a  treaty  with  the  Indians.  They  were  turned  back  by  the  opening 
of  Indian  hostilities.  August  22,  1861,  the  Indians  appeared  at  Dayton  and  Old 
Crossing,  killing  all  the  settlers  they  could  find.  At  Breckenridge  they  killed  all 
of  the  persons  in  the  hotel  and  burned  the  house.  They  overtook  the  stage  driver 
whom  they  killed,  taking  2,500  pounds  of  express  freight.  They  also  plundered 
the  train  of  wagons  loaded  with  merchandise  on  its  arrival  on  the  treaty  grounds, 
claiming  that  their  wives  and  children  were  starving. 

Hostilities  continued  till  1863,  when,  in  October  of  that  year.  Governor 
Alexander  Ramsey  made  a  treaty  with  the  Indians  which  ended  the  trouble  with 
them  in  the  Red  River  Valley.  In  March,  1862,  Congress  provided  for  twice  a 
week  service  on  the  mail  route  to  Abercrombie.     Stockades  were  built  at  Sauk 


HISTORY  OF  NORTH  DAKOTA  349 

Center,  Alexandria,  and  Pomme  de  Terre,  and  the  route  was  guarded  by  troops. 
The  International,  abandoned  in  1861,  on  the  outbreak  of  hostilities,  was  brought 
to  Abercrombie  in  1863,  by  Captain  Barret,  and  in  1864  was  sold  to  the  Hudson's 
Bay  Company,  it  having  become  apparent  that  the  country  could  not  be  opened 
up  against  the  interest  of  that  powerful  organization.  They  did  not  want  immi- 
gration and  trade,  nor  mails  or  other  appliances  of  civilization.  The  boat  made 
one  trip  that  year.  The  cart  brigades  again  put  in  an  appearance  and  the  coun- 
try became  devastated  by  grasshoppers. 

In  March,  1869,  the  Earl  of  Granville  succeeded  in  terminating  the  Hudson's 
Bay  contracts  and  that  company  surrendered  possession  of  the  country,  thus 
ending  a  twelve-year  contest  on  the  part  of  the  Imperial  government  for  the 
opening  of  the  country. 

The  organization  of  the  Manitoba  government  was  provided  for  in  1870,  and 
August  23d  of  that  year  Colonel  Wolsey,  at  the  head  of  the  Sixtieth  Canadian 
Rifles,  entered  Fort  Garry  and  September  2d  Lieutenant  Governor  Archibald 
arrived  and  the  colony  was  duly  organized.  James  W.  Taylor,  the  American 
consul,  arrived  in  November. 

In  December,  1870,  the  United  States  land  office  was  opened  at  Pembina,  and 
then  the  first  public  land  was  entered  in  North  Dakota.  There  was  then  no 
regular  mail  to  Fort  Garry,  and  no  recognized  means  of  communication  between 
Manitoba  and  the  outside  world.  The  cost  of  shipping  freight  from  St.  Cloud, 
the  end  of  the  railroad,  to  Fort  Garry  was  $4  per  hundred  pounds. 

In  the  spring  of  1871  Messrs.  Hill  and  Griggs,  of  St.  Paul,  built  the  Selkirk, 
which  was  put  on  the  Red  River  that  season,  with  Capt.  Alex  Griggs,  the  founder 
of  Grand  Forks,  master.  This  boat  arrived  at  Winnipeg  April  19th,  and  having 
arranged  to  carry  goods  in  bond,  a  wonderful  trade  was  immediately  opened  with 
the  Northwest.  The  success  of  the  Selkirk  forced  the  International  into  general 
trade. 

In  187 1  the  stage  route  was  extended  from  Georgetown  to  Winnipeg,  Cap- 
tain Balkely  having  contracted  with  the  Dominion  government  to  carry  the  mail 
from  Pembina  to  Winnipeg.  The  first  stage  arrived  in  Winnipeg  September 
II,   1871. 

During  the  winter  of  1871  all  of  the  boats  running  on  the  Red  River  passed 
tmder  control  of  Commodore  Kittson.  In  1872  an  extensive  business  in  flat  boat- 
ing developed.  Scores  of  flat  boats  were  built  in  1872  and  engaged  in  trading 
with  down  river  points,  the  boats  being  sold  at  their  destination  and  used  for 
lumber.    Logs  were  also  run  down  the  Red  Lake  River  and  used  for  lumber. 

In  1874  an  opposition  line  of  steamers  was  put  on  the  Red  River  by  Manitoba 
and  St.  Paul  parties,  known  as  the  Merchants  Line.  The  boats  were  the  Minne- 
sota and  Manitoba.  The  latter  was  sunk  by  the  International  in  a  collision. 
These  boats  finally  passed  into  the  hands  of  Mr.  Kittson  in  1876. 

The  Kittson  Line  was  organized  about  1876  and  was  called  the  Red  River 
Transportation  Company.  The  principal  boats  were  the  International,  Captain 
Painter;  the  Minnesota,  Captain  Timmens ;  the  Manitoba,  Capt.  Alex  Griggs; 
the  Dakota.  Captain  Seigers ;  the  Selkirk,  Capt.  John  Griggs ;  and  the  Alphia, 
Captain  Russell. 

The  railroad  was  extended  to  Fisher's  Landing  in  1877  and  December  2,  1878, 
the  track  layers  joined  the  rails  of  the  Canadian  Pacific,  and  what  is  now  the 


350  HISTORY  OF  NORTH  DAKOTA 

Great  Northern  at  the  international  boundary  and  the  development  of  the  Red 
River  Valley  was  commenced  in  earnest. 

The  stag-e  company  transferred  its  business  to  the  Black  Hills  and  the  steam- 
boats gave  way  to  the  railroads,  little  business  having  been  done  on  the  river  since 
that  time. 

The  grasshopper  raids  of  1875  completely  destroyed  all  crops  in  Manitoba 
and  the  people  of  that  region  had  no  seed.  The  governor  of  Manitoba  secured 
12,000  bushels  of  wheat  for  seed  in  Traill  County,  at  Caledonia  and  whatever 
of  excellence  there  is  in  Manitoba  seed  now.  comes  originally  from  North  Dakota. 


CHAPTER  XXIII 
RED  RIVER  VALLEY  OLD  SETTLERS- ASSOCIATION 

HISTORY  OF  THE  ASSOCIATION 

The  Red  River  Valley  Old  Settlers  Association  was  organized  at  a  meeting 
held  for  the  purpose  at  Grand  Porks,  Decemlier  27.  1879.  The  following  named 
persons  were  present,  viz. :  Alex  Griggs,  O.  S.  Preeman,  W.  C.  Nash,  James  Han- 
rahan,  James  A.  Jenks,  Z.  Hunt,  Ed  Williams,  D.  P.  Reeves,  Burt  Haney,  R. 
M.  Probstfield,  Wm.  Blair,  Thomas  Walsh,  P.  McLaughlin,  Wm.  Budge,  James 
McRea,  George  Akers,  Matt  McGuinness,  N.  Plof^'nian,  J.  J.  Cavanaugh,  M.  L. 
McCormack,  George  B.  Winship. 

R.  M.   Probstfield  was  elected  president  and  George  B.  Winship,  secretary. 

The  following  were  appointed  committees  to  solicit  members  and  to  arrange 
for  a  permanent  organization :  From  Grand  Forks  County,  Alex  Griggs,  D.  P. 
Reeves,  Matt  McGuinness ;  from  Wilkin  County,  J.  R.  Harris.  D.  McCauley,  and 
Ransom  Phelps ;  from  Clay  County,  R.  M.  Probstfield,  E.  R.  Hutchinson,  C.  P. 
Sloggy ;  from  Polk  County,  James  A.  Jenks,  E.  M.  Walsh,  John  Island:  from 
Kittson  and  Marshall  counties,  D.  F.  Brawley.  J.  W.  Stewart,  A.  W.  Stiles :  from 
Pembina  County,  Chas.  Cavileer,  William  Budge,  N.  E.  Nelson;  from  Traill 
County,  Asa  Sargent,  C.  M.  Clark,  George  Weston ;  from  Cass  County,  J.  B. 
Chapin,  J.  Lowell,  Jr.,  George  Egbert;  from  Richland  County,  M.  T.  Rich,  and 
two  others  to  be  named  by  him. 

The  permanent  association  was  organized  at  Grand  Forks,  February  4,  1880, 
with  about  thirty-five  present.  R.  M.  Probstfield  was  re-elected  president :  Asa 
Sargent,  Traill  County ;  N.  E.  Nelson,  Pembina  County,  and  J.  R.  Harris,  Wilkin 
County;  vice  presidents;  George  B.  Winship,  of  Grand  Forks,  secretary;  Frank 
Veits,  J.  S.  Eshelman,  and  M.  L.  McCormack,  Grand  Forks,  executive  committee. 
Letters  were  received  from  Gen.  H.  H.  Sibley,  Ex-Senator  H.  M.  Rice,  J.  J.  Hill, 
and  N.  W.  Kittson,  of  St.  Paul,  Chas.  Cavileer,  S.  C.  Cady,  and  others. 

A  membership  fee  of  $1.00  was  fixed  and  the  following  paid  their  adjoining 
fee:  W.  C.  Nash,  John  Fadden,  Ed  Williams,  R.  Fadden,  James  Hanrahan, 
George  Akers.  Z.  M.  Hunt,  Wm.  Fleming,  George  Ames,  George  B.  Winship, 
Alex  Griggs,  Jacob  Reinhart.  Wm.  Budge,  Robert  Coulter,  L.  Surprise,  M.  Ferry, 
N.  HoiTman,  J.  A.  Jenks,  M.  L.  McCormack,  F.  Veits.  J.  S.  Eshelman. 

The  association  again  met  at  Grand  Forks,  December  8,  1880,  D.  F.  Brawley 
was  elected  president :  Howard  R.  Vaughn,  Alex  Griggs,  James  Holes,  vice  presi- 
dents, George  B.  Winship,  secretary  and  treasurer.  The  following  named  per- 
sons were  present  and  paid  a  fee  of  $1.00  each:  Burt  Haney,  John  Fadden,  D.  F. 

351 


4^52  HISTORY  OF  NORTH  DAKOTA 

Brawley,  H.  R.  Vaughn,  Richmond  Fadden,  Edward  Williams,  James  A.  Jenks, 
W.  P.  Blair,  Joseph  Greenwood,  George  H.  Ames,  Nick  Hoffman,  Z.  M.  Hunt, 
Michael  McGuinness,  James  Hanrahan,  William  Budge,  M.  L.  McCormack,  O.  S. 
Freeman,  W.  C.  Nash,  George  W.  Akers,  Frank  Veits,  George  B.  Winship, 
Michael  Ferry,  John  Island,  Leon  Surprise,  J.  S.  Eshelman,  Robert  Coulter,  Alex 
Griggs,  R.  M.  Probstfield,  E.  R.  Hutchinson.  An  entertaining  letter  was  read 
from  J.  W.  Taylor,  United  States  consul  at  Winnipeg. 

The  association  met  at  Pembina.  October  13,  1881,  F.  T.  Bradley,  of  Emerson, 
was  elected  president ;  J.  M.  Tennant,  of  West  Lynn,  secretary,  and  George  B. 
Winship,  treasurer;  John  Fadden,  of  Grand  Forks,  N.  E.  Nelson,  of  Pembina 
and  J.  B.  Chapin,  of  Fargo,  were  elected  vice  presidents. 

The  following  named  persons  were  present  and  paid  a  fee  of  $1.00:  Hugh 
O'Donnell,  Chas^  J.  Brown,  A.  Carl,  A.  Walston,  Capt.  Alex  Griggs,  S.  W. 
Ferry,  Chas.  Crawford,  F.  S.  Freeman,  Robert  Ewing,  M.  L.  McCormack,  A.  C. 
McCumber,  H.  R.  Vaughn,  S.  C.  Cady,  Jacob  Reinhart,  Chas.  Cavileer,  W.  J.  S. 
Traill,  A.  W.  Stiles,  Wm.  Camp,  E.  Armstrong,  George  B.  Winship,  Burt  Haney, 
Frank  Myrick,  Captain  Aymond.  Judson  LaMoure,  N.  E.  Nelson.  Norman 
Gingras,  Andrew  J.  Nelson,  Thos.  Walsh,  D.  F.  Brawley,  John  Fadden,  F.  T. 
Bradley. 

Consul  J.  W.  Taylor,  A.  G.  Bannatyne,  and  Capt.  H.  S.  Donaldson,  of  Win- 
nipeg, E.  C.  Davis,  of  Crookston,  and  R.  M.  Probstfield,  of  jMoorhead,  were 
elected  additional  vice  presidents. 

There  was  no  meeting  of  the  association  for  ten  years  when  they  again  met 
at  Grand  Forks  for  the  purpose  of  re-organization,  December  10,  1891,  George 
B.  Winship  was  elected  president,  and  D.  j\I.  Holmes,  secretary.  N.  K.  Hubbard, 
O.  H.  Elmer,  John  Erickson,  Frank  Veits  and  Charles  Cavileer  were  appointed 
3.  committee  on  permanent  organization. 

This  committee  limited  membership  to  those  who  settled  in  the  Red  River 
Valley  prior  to  December  31,  1875.  Charles  Cavileer,  of  Pembina;  A.  Sargent, 
of  Traill ;  Jacob  Lowell,  of  Cass ;  Hans  Myhra,  of  Richland ;  O.  H.  Elmer,  of 
Polk ;  John  Erickson,  of  Clay ;  and  David  McCauley,  of  Wilkin ;  were  elected 
vice  presidents.  J.  W.  Taylor,  Robert  Patterson,  W.  G.  Fonseca,  and  E.  L.  Bar- 
ber, of  Manitoba,  were  elected  honorary  members. 

Those  present  were  George  B.  Winship,  D.  M.  Flolmes,  J.  B.  Chapin,  Jacob 
Lowell,  N.  E.  Nelson,  Robert  Ewing,  H.  R.  Vaughn,  Richmond  Fadden,  P.  P. 
Nokken,  H.  C.  Myhra,  Asa  Sargent,  P.  S.  Kelly,  Halvor  Thoraldson,  E.  M. 
Walsh,  W.  H.  Moorhead,  M.  D.  Campbell,  George  A.  Wheeler,  Thomas  Camp- 
bell, Edward  O'Brien,  James  A.  Jenks,  N.  K.  Hubbard,  Z.  W.  Hunt,  J.  G.  Hamil- 
ton, John  ^^'.  W.  Smith,  Thos.  Walsh,  W.  H.  Brown,  Michael  Ferry,  George  H. 
Walsh,  James  Duckworth,  Wm.  Camp,  Frank  Veits,  Joseph  Jarvis,  Casper  Mosher, 
■George  H.  Fadden,  John  Erickson,  C.  Cavileer,  John  N.  Harvey,  James  Elton,  O. 
H.  Elmer,  J.  T.  Taylor,  R.  Patterson,  Ed  Williams,  George  .A..  Wheeler,  Jr.,  B. 
Haggerty,  James  K.  Swan,  W^  J.  Anderson,  John  O.  Fadden,  G.  G.  Beardsley, 
Philip  McLaughlin,  George  E.  Jackson,  Walter  J.  S.  Traill,  Judson  LaMoure, 
John  Kabernagle. 

The  association  met  at  Moorhead,  December  7,  1892,  George  B.  ^^'inship  was 
•elected  president,  N.  K.  Hubbard,  Job  Herrick,  S.  G.  Comstock,  James  Nolan, 


HISTORY  OF  NORTH  DAKOTA  353 

Asa  Sargent,  O.  H.  Elmer,  and  Chas.  Cavileer,  vice  presidents.  Ransom  Phelps 
was  elected  local  secretary,  and  D.  M.  Holmes,  secretary. 

Those  present  at  this  meeting  were  J.  R.  Harris,  James  Nolan,  Frank  Her- 
rick,  Job  Herrick,  Henry  Wenans,  F.  J.  Burnham,  S.  G.  Comstock,  James  Holes, 
W.  J.  Bodkin,  John  Wold,  Fred  Anibs.  Harry  O'Neil,  Jerome  Daniels,  J.  C. 
Probert,  J.  B.  Blanchard,  Wm.  W.  Gamble,  B.  F.  Mackall,  VV.  H.  Davy,  A.  F. 
Pinkham,  John  Reistad,  Lewis  Hicks,  Andrew  Hicks,  Andrew  McHench,  F.  J. 
Smith,  P.  H.  Lamb,  J.  H.  Sharp. 

The  next  meeting  of  the  association  was  at  Breckenridge,  December  6,  1893. 
Of  the  old  members  George  B.  Winship,  Job  Herrick,  Frank  Herrick,  James 
Nolan,  John  Erickson,  H.  C.  Myhra,  and  F.  J.  Smith  were  present.  Frank 
Doleshy,  Folsom  Dow,  Benjamin  Taylor,  Frank  Formaneck,  Menzel  Niskesch, 
August  Hoefs,  Chas.  Bladow,  Frederick  Hoefs,  August  Bendt,  Erick  A.  Lein, 
John  Myhra,  Edward  Connelly,  Edward  Hyser,  D.  Wilmot  Smith,  Peter  Hanson, 
Aaron  B.  Lichta,  Hans  Martinson,  and  Anthony  Nolan  were  admitted  to  mem- 
bership. 

James  Nolan  was  elected  president,  W.  J.  Bodkin,  B.  Sampson,  Frank  Veits, 
Chas.  Cavileer,  Asa  Sargent,  N.  K.  Hubbard,  and  Folsom  Dow,  vice  presidents ; 
Frank  J.  Smith,  secretary,  and  John  Erickson,  treasurer. 

The  association  met  at  Fargo,  December  6,  1894.  Those  present  were  John 
E.  Haggart,  S.  G.  Roberts,  G.  S.  Barnes,  H.  G.  Shurlock,  Chas.  B.  Thiemens, 
Clement  A.  Lounsberry,  Arthur  Bassett,  Frank  Whitman,  S.  E.  Herrick,  Evan  S. 
Tyler,  Alex  Gamble,  Joseph  Prevost,  S.  F.  Crockett,  Jas.  H.  Sharp,  Edwin 
Griffin,  Wm.  H.  White,  Wm.  O'Neil,  Martin  Hector,  A.  G.  Lewis,  G.  J.  Keeney, 
Jacob  Lowell,  James  Holes,  liarry  O'Neil,  George  B.  Winship,  A.  McHench, 
W.  H.  Brown,  E.  R.  Hutchinson,  Job  Herrick,  P.  Kelly,  Frank  Veits,  Jacob 
Reinhart,  W.  J.  Anderson,  J.  A.  Jenks,  James  Nolan,  James  Elton,  R.  M.  Probst- 
field,  W.  J.  Murphy.  F.  J.  Smith  and  S.  G.  Comstock. 

N.  K.  Hubbard  was  elected  president,  R.  M.  Probstfield,  Chas.  Cavileer,  W.  C. 
Nash,  George  B.  Winship,  C.  W.  Morgan,  James  Holes,  Frank  Herrick  and 
Edward  Connelly  vice  presidents;  B.  F.  Mackall,  secretary,  and  Wm.  H.  White, 
treasurer. 

C.  A.  Lounsberry,  Geo.  B.  Winship,  S.  G.  Roberts,  S.  F.  Crockett,  E.  S.  Tyler, 
Chas.  Cavileer  and  David  McCauley  were  appointed  a  committee  to  gather  facts 
concerning  the  early  settlement  and  history  of  the  Red  River  Valley.  This  reso- 
lution was  upon  the  motion  of  W.  J.  Murphy  of  the  Minneapolis  Tribune. 

S.  G.  Comstock,  S.  G.  Roberts  and  A.  McHench  were  appointed  a  committee 
to  draft  a  constitution  and  by-laws  for  the  association. 

The  association  met  at  Grand  Forks,  December  26,  1895,  George  B.  Win- 
ship presided  in  the  absence  of  President  Hubbard  on  account  of  illness.  Pres- 
ident Hubbard's  address  was  read  by  Colonel  C.  A.  Lounsberry.  Those  present 
were  H.  E.  Maloney,  James  Colosky,  C.  F.  Getchell,  James  Twamley,  C.  L.  Gor- 
don, Jorgen  Howard,  Frank  Williams,  Robert  Anderson,  C.  W.  Morgan,  D. 
Perkins.  A.  Barlow,  F.  A.  Wardell,  J.  E.  Sullivan,  A.  H.  Barlow,  James  Nesbitt, 
D.  McDonald,  James  Smith,  John  Kinan,  Wm.  Skinner,  Gus  Williams,  Thomas 
McVitre,  O.  Osmond  and  Christopher  R.  Coulter. 

Colonel  Lounsberry,  from  the  historical  committee,  reported  the  work  done 
by  his  committee,  which  included  the  establishment  of  The  Record,  for  the  pur- 


354  HISTORY  OF  NORTH  DAKOTA 

pose  of  gathering  historical  data,  and  was  accorded  a  vote  of  thanks.  The  names 
of  H.  G.  Stordock,  James  A.  Jenks  and  John  Island  were  entered  on  the  death 
roll,  and  suitable  resolutions  of  respect  and  condolence  adopted. 

The  following  officers  were  elected:  President,  Frank  \'eits;  vice  presidents, 
W.  H.  j\Ioorhead,  Pat  Kelly,  Jacob  Reinhart,  E.  R.  Hutchinson,  Robert  Coulter, 
James  Nolan,  Job  Herrick ;  treasurer,  D.  M.  Holmes  and  George  B.  Winship, 
secretary. 

Those  who  settled  in  the  Red  River  Valley  prior  to  December  31,  1877,  were 
voted  eligible  to  membership. 

The  sixth  annual  meeting  of  the  reorganized  association  was  held  at  Pembina, 
December  18,  1896.  The  following  members  were  present:  W.  H.  Brown,  Jud- 
son  LaMoure,  Joseph  Colosky,  C.  A.  Lounsberry,  John  Hater,  E.  K.  Cavileer, 
Charles  Cavileer,  John  Otten,  James  Carpenter,  Frank  Russell,  Geo.  Allard,  F.  A. 
Hart,  Joseph  Desloria,  Andrew  Cragin,  Peter  Hogan,  Milo  Fadden,  H.  E.  Malo- 
ney,  Frank  Myrick,  George  B.  Winship,  Joe  Parent,  \\'.  H.  Moorhead,  Fred 
Delisle,  Joseph  Morin,  W.  J.  Kneeshaw,  Thos.  J.  Neilson,  Bradner  Johnson, 
John  Hogan,  F.  A.  Wardwell. 

It  was  ordered  that  all  persons  who  settled  in  the  Red  River  \'alley  prior  to 
July  I,  1879,  should  be  eligible  to  membership,  and  that  a  permanent  secretary  ■ 
should  be  elected.  The  secretary,  president  and  George  B.  Winship  were  ap- 
pointed a  committee  on  constitution  and  by-laws,  and  were  directed  to  take  what- 
ever steps  were  necessary  to  secure  the  incorporation  of  the  association  under  the 
laws  of  North  Dakota. 

Frank  \'eits  was  elected  president,  W.  H.  ^Moorhead,  G.  S.  Barnes,  James 
Carpenter,  Pat  Kelly,  E.  R.  Hutchinson,  Robert  Coulter,  James  Nolan  and  Job 
Herrick,  vice  presidents;  D.  M.  Holmes,  treasurer,  and  C.  A.  Lounsberry,  secre- 
tary. 

The  association  was  finally  incorporated  by  the  action  of  the  seventh  annual 
meeting. 

ARTICLES   OF   ASSOCIATION    OF   THE    RED   RIVER    VALLEY    OLD    SETTLERs'    ASSOCIATION 

Article  I.  This  corporation  shall  be  known  as  the  Red  River  Valley  Old 
Settlers'  Association,  and  is  incorporated  under  Sec.  3183  Revised  Codes  of  N.  D. 

Article  II.     The  general  offices  of  this  association  shall  be  at  Fargo. 
Article  III.     This  association  shall  exist  for  a  period  of  forty  years. 

Article  IV.  The  number  of  directors  of  this  association  shall  be  eleven, 
but  the  following  shall  constitute  a  first  board  of  directors  and  shall  execute 
these  articles: 

President — James  K.  Swan,  Grand  Forks,  N.  D. 
Vice  President — James  Nolan,  Wilkin  County,  Minn. 
Vice  President — Thomas  McCoy,  Traill  County,  N.  D. 
Vice  President — James  Carpenter,  Walsh  County,  N.  D. 
Secretary^C.  A.  Lounsberry,  Fargo,  N.  D. 
Treasurer — D.  M.  Holmes,  Grand  Forks,  N.  D. 

Article  V.  This  association  may  become  subordinate  to  a  state  organiza- 
tion of  old  settlers;  and  associations  subordinate  to  this  may  be  organized  in  each 


HISTORY  OF  NORTH  DAKOTA  355 

of  the  Red  River  Valley  counties  in  Minnesota  and  North  Dakota,  having  pur- 
poses in  harmony  with  this  organization. 

Article  VI.  This  association  may  hold  real  and  personal  property  not  ex- 
ceeding in  value  $10,000.  It  may  receive  bequests  for  the  purpose  of  establish- 
ing an  historical  and  biographical  library,  for  preserving  its  records,  publishing 
its  proceedings,  biographical  sketches,  etc.  \Mien  dissolved  its  property  shall 
be  turned  over  to  the  state  for  historical  and  library  purposes. 

Article  VII.  The  private  property  of  the  members  of  this  association  shall 
not  be  liable  for  its  debts. 

In  testimony  whereof  we  have  hereunto  set  our  hands  and  seals  this  29th 
day  of  September,  1897. 

James  K.  Swan,  [seal.] 
James  Nolan,  [seal.] 

Thomas  McCoy,  [seal.] 
James  Carpenter,  [seal.] 
C.  A.  Lounsberry,    [seal.] 

STATE  OF  NORTH  DAKOTA  [.ss 
County  of  Grand  Forks, 

On  this  29th  day  of  September,  1897,  personally  appeared  before  me  James 
K.  Swan,  James  Nolan,  Thomas  IMcCoy,  James  Carpenter,  C.  A.  Lounsberry  and 
D.  M.  Holmes,  who,  being  duly  sworn,  doth  each  for  himself  say  that  he  is  an 
officer  and  director  of  the  Red  River  Valley  Old  Settlers'  Association,  and  that 
these  articles  of  association  are  executed  in  accordance  with  a  majority  vote  had 
at  a  regularly  called  meeting  of  said  association  held  at  Pembina,  N.  D.,  Decem- 
ber 18,  1896,  and  that  at  a  regularly  called  meeting  of  said  association  held  at 
Grand  Forks,  September  29,  1897,  by  a  majority  vote  they  were  especially  des- 
ignated to  sign  and  file  said  articles  of  association. 

J.  G.  HAMILTON, 
Notary   Public,   Grand   Forks   County, 
North  Dakota. 

Colonel  Lounsberry  was  elected  secretary  for  a  term  of  six  years. 
The  following  is  a  list  of  members,  with  date  of  settlement,  on  the  roster  in 
1895. 

Alex  Griggs,  Grand  Forks,  November,  1870. 
R.  Fadden,  Grand  Forks,  October,  1S71. 
M.  L.  McCormack,  Grand  Forks,  March,  1871. 
Geo.  B.  Winship,  Winnipeg,  May,  1867. 
Z.  M.  Hunt,  Huntsville,  Minn..  April,  1871. 
Colin  McFadden,  Grand  Forks,  July,  1871. 
George  W.  Akers,  McCauleyville,  October,  1870. 
Burton   E.   Haney,  McCauleyville,  February,    1871. 
Jacob  Reinhart,  McCauleyville,  May,  1867. 
Isaac  Ward,  Pembina,  January,  1871. 
Alex  Blair,  McCauleyville,  January,  1870. 
Alfred  Wright,  McCauleyville,  May,   1867. 


356  HISTORY  OF  NORTH  DAKOTA 

James  Hanrahan,  McCauleyville,  April,   1867. 
John  Cromety,  Pembina,  June,  1871. 
John  Fadden,  Grand  Forks,  June,  1871. 
Matt  McGuinness,  Georgetown,  April,  187 1. 
William  Budge,  Pembina,  June,  1870. 
Michael   Ferry,   Breckenridge,    Septeml^er,    1868. 
George  H.  Ames,  Pembina,  May,   1871. 
George  H.  Fadden,  Grand  Forks,  July,  1871. 
Edward  Williams,  Grand  Forks,  June,  187 1. 

A.  W.  Nalstreim,  Grand  Forks,  May,  187 1. 
W.  C.  Nash,  Pembina,  November,  1863. 
Frank  Veits,  Georgetown,  September,  1871. 

Leon  Surprise,  Fort  Abercrombie,  December,  1867. 
Nick  Hoffman,  Georgetown,  April,  i860. 
John  Connolly,  Fort  Abercrombie,  August,  1869. 
W.  G.  Woodnut,  Sheyenne  River,  June,   1871. 
Robert  Coulter,  Huntsville,  Minn.,  June,  1871. 
William    Fleming,    Huntsville,    Minn.,   June,    1871. 

B.  S.  Kelly,  Kelly's  Point,  July,   1871. 
Thomas  Walsh,  Grand  Forks,  April,  1871. 
James  McCrea,  Grand  Forks,  June,    1871. 
N.  E.  Nelson,  Pembina,  May,  1869. 

B.  F.  Mackall,  Moorhead,  April,  1873. 

D.  F.  Brawley,   Pembina,    1870. 

H.  R.  Vaughn,  McCauleyville,  1870.  ' 

S.  C.  Cady,  Pembina,  1869. 

Joseph  Greenwood,  Grand  Forks,  1871. 

R.  M.  Probstfield,  opposite  mouth  of  Sheyenne  River,  1859. 

E.  R.  Hutchinson,  opposite  mouth  of  Sheyenne  River,  1859. 
Frank  D.  Myrick,  Fort  Ransom,  1857. 

"William   Camp,   Pembina,    1870. 
A.  W.  Stiles,  Pembina,  1870. 
Edward  Armstrong,  Winnipeg,   1871. 
Adolph  Carl,  Fort  Abercrombie,  1870. 
Frank  Aymond,  Pembina,  1867. 
Charles  Crawford,  Fargo,  1872. 
Samson  W.  Fry,  Pembina,  1870. 
Judson  LaMoure,  Pembina,   1870. 
Robert  Ewing,  Dakota  Lake,  Minn.,   1871 
Norman  Gingras,  bom  at  St.  Joseph. 
Andrew  T.  Nelson,  Pembina,  187 1. 
Charles  Cavileer,  Pembina,   1851. 

F.  W.  Manley,  North  Pembina,  187. 
W.  J.  S.  Traill,  Georgetown,  1869. 
Wm.  H.  Moorhead,  Pembina,  1857. 
Chas.  B.  Nelson,  Pembina,  1851. 

D.  M.  Holmes,  Grand  Forks,  1872. 
Jacob  Lowell,  Fargo,  October,  1870. 


HISTORY  OF  NORTH  DAKOTA  357 

P.  P.  Nokken,  Fargo,  June,  1871. 

H.  C.  N.  Myhra,  Richland  County,  June,  1871. 

Asa  Sargent,  Caledonia,  July,  1870. 

P.  S.  Kelly,  Caledonia,  September,  187 1. 

Halver  Thoraldson,  Grand  Forks,  June,   1874. 

Ed  M.  Walsh,  Grand  Forks,  October,  1871. 

M.  D.  Chappell,  Grand  Forks,  April,  1873. 

George  A.  Wheeler,  Grand  Forks,  November,  1873. 

Thomas  Campbell,  Grand  Forks,  August,  1872. 

N.  K.  Hubbard,  Moorhead,  September,  1870. 

J.  G.  Hamilton,  Sisseton,  April,  1875. 

John  W.  Smith,  Grand  Forks,  April,  1875. 

William  H.  Brown,  Grand  Forks,  1875. 

George  H.  Walsh,  Grand  Forks,  April,  1875. 

James  Duckworth,  Grand  Forks,  March,  1875. 

Joseph  Jarvis,  Grand  Forks,  October,  1872. 

Casper  Moser,  Crookston,   1872. 

John  Erickson,  Moorhead,  December,  1870. 

John  N.  Harvey,  Manvel,  1874. 

James  Elton,  Georgetown,  May,  1871. 

O.  H.  Elmer,  Moorhead,  October,  1871. 

George  A.  Wheeler,  Jr.,  Grand  Forks,  November,  1877 

B.  Haggerty,  Grand  Forks,  May,   1884. 

James  K.  Swan,  Grand  Forks,  April,  1874. 

W.  Anderson,  Grand  Forks,  April,  1875. 

George  G.  Beardsley,  Fargo,  June,  1871. 

Philip  McLaughlin,  Fargo,  September  16,  1872.  , 

George  E.  Jackson,  Crookston,  July,  1872. 

Walter  J.  S.  Traill,  Fort  Garry,  July,  1866. 

James  Nolan,  McCauleyville,  July,  1865. 

Frank  Herrick,  Old  Crossing,  July  20,  1870. 

Job  Herrick,  Old  Crossing,  July  20,  1870. 

Henry  Wenans,  IMoorhead,  March,  1873. 

F.  J.  Burnham,  Glyndon,  April  20,  1872. 

S.  G.  Comstock,  Moorhead,  June,  1871. 

James  Holes,   Fargo,  July,   1871. 

W.  J.  Bodkin,  Moorhead,  December,  1868. 

John  Wold,  Wild  Rice,  June  i,  1871. 

Fred  Ambs,  ]Moorhead,  August,    1871. 

Harry  O'Neil,  Fargo,  January,  1872. 

Jerome  Daniels,  Glyndon,  April,  1872. 

J.  C.  Probert,  Fargo,  April,  1872. 

J.  B.  Blanchard,  Moorhead,  August,  1871. 

William  W.  Gamble,  Fargo,  August,  1873. 

W.  H.  Davy,  Moorhead,  October,  1874. 

A.  F.  Pinkham,  Fargo,  October  i,  1871. 

John  Reinstad,  Kindred,  September  i,  1870. 

Louis  Hicks,  Hickson,  June  2,  1872. 


358  HISTORY  OF  NORTH  DAKOT/ 

Andrew  McHench,  Fargo,  November  2,  1870. 
Andrew  Hicks  Hickson,  June  18,  1871. 
P.  H.  Lamb,  Moorhead,  June,  1872. 
J.  H.  Sharp,  Moorhead,  June,  1872. 
Folsom  Dow,  Wahpeton,  1871. 

B.  F.  Menkens,  Moorhead,  1872. 
Peter  Hanson,  Breckenridge,  1871. 
Hans  Martinson,  Tangberg,  1871. 
Anthony  Nolan,  Fort  Abercrombie,  1866. 
Ransom  Phelps,  Wahpeton,  1871. 

D.  Wilmot  Smith,  Wahpeton,  1871. 
Benjamin  Taylor,  Wahpeton,  1872. 
John  Myhra,  Wild  Rice,  1870. 
Frank  Famousch,  Wahpeton,  1871. 
Frank  Doleshy,  Wahpeton,  1873. 
Samuel  Taylor,  Wahpeton,  1872. 
H.  C.  N.  Myhra,  Kingsburg,  1871. 
August  Berndt,  Hankinson,   1874. 
Eric  A.  Lein,  Dwight,  1875. 

Fred  Hoefs,  Hankinson.  1874. 

E.  R.  Hyser,  Breckenridge,  1871. 
August  Hoefs,  Hankinson,  1874. 
Chas.  Bladow,  Hankinson,   1874. 
John  E.  Haggart,  Fargo,  1871. 
S.  G.  Roberts,  Fargo,  1872. 

G.  S.  Barnes,  Glyndon,  1872. 

Chas.  B.  Thiemens,  Fargo,   1873. 

Clement  A.  Lounsberry,  Fargo,  April  4,  Bismarck,  May  11,  1873. 

Arthur  Bassett,  Glyndon,  1872. 

Frank  Whitman,  Fargo,  1871. 

S.  E.  Herrick,  born  in  North  Dakota,  1873. 

Evan  S.  Tyler,  Fargo,  1873. 

Alex  Gamble,  Fargo,  1872. 

Joseph  Prevost,  Wolverton,  Minn.,  1867. 

W.  H.  White,  Fargo,  1872. 

A.  H.  Morgan,-Frog  Point.  1871. 

N.  B.  Pinkham,  Fargo,  1871. 

William  O'Neill.  Fargo,  1872. 

Martin  Hector,  Fargo,  1872. 

G.  J.  Keeney,  Fargo,  1871. 

H.  E.  Maloney,  Grand  Forks,  1873. 

Jos.  Colosky,  McCauleyville,  1871. 

C.  F.  Getchell,  Frog  Point,  1872. 
James  Twamley.  Grand  Forks,  1876. 
C.  L.  Gordon,  Caledonia,  1871. 

Jorgen  Howard,  Clay  County,  j\Iinn.,  1873. 
J.  F.  Williams,  Breckenridge.  Minn.,  1875. 
Robert  Anderson,  Grand  Forks,  1871. 


NORTH  DAKOTA  FARM  HOME 


FARM  SCEXE  IX  \\ALSH  COUNTY 


HISTORY  OF  NORTH  DAKOTA  '      359 

C.  W.  Morgan,  Goose  River,  1872. 

D.  Perkins,  Grand  Forlcs,  1874. 
A.  Barlow,  Grand  Forks,  1875. 
F.  A.  Wardwell,  Glyndon,  1873. 
J.  E.  Sullivan,  Grand  Forks,  1875. 
A.  H.  Barlow,  Grand  Forks,  1876. 
Robert  Ray,  Belmont,   1871. 

J.  A.  Barlow,  Grand  Forks,  1876. 

James  Nesbit,  Huntsville,  1874. 

Terrence  Martin,  Fargo,  1871. 

D.  McDonald,  Vermilion,  1873. 

Jos.  Smith,  Grand  Forks,   1871. 

John  Kinnan,  Fargo,  1871. 

William  Skinner,  Fisher,  1873. 

Gus  Williams,  Walshville,  1873. 

Thomas  McVeety,  Polk  County,  Minn.,  1871. 

O.  Osmond,  Polk  County,  Minn.,  1871. 

C.  R.  Coulter,  Polk  County,  Minn.,  1872. 

September  29,  1897,  the  following  additional  members  were  registered : 

Hugh  Parr,  Kelly's  Point,  1876. 

James  O'Reiley,  Grand  Forks,   1879. 

Donald  Stewart,  Forest  River,  1878. 

Alexander  Oldham,  Grand  Forks,  1877.  ' 

H.  H.  Strom,  Traill  County,  1878. 

C.  O.   Maloney,  Grand  Forks,   1875. 

John  Swift,  Grand  Forks,  1874. 

William  Code,  Park  River,  1878. 

James  Peete,  Grand  Forks,   1878. 

M.  C.  Gaulke,  Grand  Forks,  1878. 

Thos.  Nisbet,  Mallory,  Minn.,  1878. 

W'm.  H.  Standish,  Polk  County,  Minn.,  1879. 

Louis  A.  Lhiver,  Grand  Forks,   1878. 

M.  Addison,  Grand  Forks,  1879. 

H.  D.  Cutler,  Grand  Forks,  1879. 

H.  Arnegaard,  Hillsboro,   1871. 

M,  D.  Chappell,  Grand  Forks,  1873. 

L.  M.  Anderson,  Pembina,   1872. 

M.  L.  Enright,  East  Grand  Forks,  1872. 

Peter  Gannaw,  Frog  Point,   1871. 

H.  P.  Ryan,  Grand  Forks,  1878. 

Geo.  F.  Whitcomb,  Fort  Abercrombie,  1865. 

C.  A.  Lounsberry,  Fargo,  April  4,  1873. 

Geo.  J.  Longfellow.  Fargo,  1879. 

Wm.  Ackerman,  Abercrombie,   1866. 

John  O'Leary,  Grand  Forks,  1878. 


360  HISTORY  OF  NORTH  DAKOTA 

Hubbard's  sure  tip 

N.  K.  Hubbard,  in  his  address  to  the  Old  Settlers'  Association,  November 
26,  1895,  said : 

"It  was  my  good  fortune  to  be  associated  with  our  friend,  Frank  \'eits.  We 
came  together  from  Geneva,  Ohio,  to  make  our  fortunes  in  the  West.  We  pro- 
ceeded to  Georgetown,  seventeen  miles  north  of  Fargo,  where  we  found  Adam 
Stein  occupying  the  old  Hudson's  Bay  Hotel.  Jacob  Lowell,  Jr.,  had  also  come 
on  an  intimation  from  A.  B.  Stickney  that  Georgetown  was  near  the  probable 
crossing  of  the  Red  River  by  the  Northern  Pacific.  And  Back,  the  friend, 
adviser,  relative  and  representative  of  Horace  Austin,  then  governor  of  Minne- 
sota, was  there  also.  Walter  J.  S.  Traill,  for  whom  Traill  County  was  named, 
was  agent  at  Georgetown  for  the  Hudson's  Bay  Company.  George  Sanborn,  a 
friend  and  acquaintance  of  William  Windom,  was  also  there.  We  were  waiting 
and  watching,  and  finally  the  glad  tidings  came  from  Cooke.  Pitt  Cooke,  a 
brother  of  Jay  Cooke,  visited  Georgetown  and  selected  the  crossing.  The  message 
was  delivered  to  the  Northern  Pacific  surveyors  by  me.  The  order  was  to  locate 
the  crossing  at  the  mouth  of  the  Elm,  about  eight  miles  east  of  Grandin.  Veits 
and  I  were  first  to  know  it.  Imagine  my  joy.  We  all  went  to  the  Elm  River  ex- 
cepting Veits,  wiser  than  the  rest,  who  continued  furnishing  entertainment  for 
man  and  beast.  He  paid  Adam  Stein  $100  to  move  out  and  let  him  in.  Not  for 
the  property,  for  that  belonged  to  the  Hudson's  Bay  Company,  but  to  give  him 
possession  and  the  opportunity  to  entertain  the  coming  hosts,  for  we  all  realized 
what  a  rush  would  come.  We  knew  the  country  and  correctly  estimated  its 
value.  We  all  built  log  houses  at  Elm  River  and  most  of  the  party  stayed  there 
a  whole  year  before  Lowell,  who  made  daily  trips  up  and  down  the  river  in 
connection  with  Back  and  McHench,  each  having  their  beat  for  patrolling  the 
river  from  Sheyenne  to  the  Elm,  discovered  Beardsley  at  work  on  the  town- 
site  at  Fargo.  And  then  Elm  River  was  abandoned.  I  had  gone  east  after  two 
months'  waiting,  and  when  I  returned  a  jumper  occupied  my  cabin  and  demanded 
$600  before  he  would  give  possession.  I  let  him  keep  it  and  engaged  in  business 
at  Oak  Lake.  The  crossing  was  not  established  for  a  year  later,  and  then 
twenty-seven  miles  south  of  the  point  named  in  my  sure  tip. 

"This  was  in  1870.  Then  the  entire  white  population  of  North  Dakota  would 
not  exceed  five  hundred.  There  was  a  small  settlement  at  Pembina,  mostly  Gov- 
ernment employes  connected  with  the  custom  house  or  the  trader's  store.  There 
were  two  or  three  settlers  at  Grand  Forks,  among  them  Nick  Hufifman.  Ed 
Griffin  lived  in  Cass  County,  but  Fargo  was  not  located.  Georgetown  was  the 
metropolis  of  the  valley.  The  nearest  land  office  in  North  Dakota  where  land 
could  be  entered  was  at  \^ermilion,  S.  Dak.  But  little  land  had  been  sur- 
veyed, and  that  about  Pembina.  Not  an  acre  had  been  entered,  not  a  bushel  of 
grain  had  been  raised  in  the  valley  for  shipment  abroad,  and  not  enough  to  feed 
even  the  few  families  found  scattered  here  and  there  along  the  river.  The  Red 
River  cart  was  the  only  means  of  transportation  that  had  been  put  on.  L.  H. 
Tenny  and  myself  came  into  the  country  on  horseback  from  St.  Cloud.  Tenny 
settled  at  Glyndon  and  became  the  father  of  the  Northern  Pacific  Elevator  Com- 
pany, with  George  S.  Barnes,  his  practical  worker,  the  moving  force.  Not  until 
December,  1870,  was  there  a  single  entry  of  land  made  in  North  Dakota.     There 


HISTORY  OF  NORTH  DAKOTA  361 

was  no  Fargo  or  Moorhead.  Not  one  settler  had  yet  entertained  the  idea  of 
occupying  the  rich  lands  in  its  immediate  vicinity.  Grand  Forks  was  not  even 
a  voting  precinct,  and  all  of  the  valley  was  Pembina  County,  which  was  the  only 
civil  organization  in  what  is  now  the  state.  There  was  a  postoffice  at  Pembina, 
Fort  Totten,  old  Fort  Ransom,  and  Abercrombie,  but  that  was  all.  Much  of  the 
state  was  an  unknown  land,  visited  only  by  Indians,  traders,  missionaries  and 
Government  expeditions.  Fremont  visited  Devils  Lake  in  1839.  Catlin  came 
and  saw  but  went  away  without  conquering,  in  1841.  Sully  and  Sibley  visited 
parts  in  1862  and  1863.  Hatch's  battalion  occupied  Pembina  in  1862.  Lewis 
and  Clark  had  visited  the  Missouri  River  region  in  1805,  and  it  was  their  report 
which  gave  the  world  the  first  idea  of  the  unparalleled  resources  of  the  North- 
west and  led  to  its  general  occupation  by  traders.  The  John  Jacob  Astor  Com- 
pany, formed  in  1808,  occupied  the  Missouri  and  the  James  River  Valley  for  a 
time,  but  the  War  of  1812  forced  their  consolidation  with  the  North-Western, 
which  in  turn  was  consolidated  with  the  Hudson's  Bay  Company.  Then  came 
the  Columbia  Fur  Company,  which  occupied  all  of  this  region  for  a  time,  but 
gave  place  to  the  independent  traders  who  disputed  the  ground  with  the  Hud- 
son's Bay  Company  until  after  the  settlers  of  1870  came  into  possession  of  a 
goodly  portion  of  the  land.  The  theme  is  interesting,  but  let  us  glance  at  the 
later  development. 

"Twenty-five  years  ago,  in  all  North  Dakota  there  were  only  watchers  and 
waiters  for  the  Northern  Pacific  Railroad  crossing  the  Red  River,  bent  on  town- 
site  speculation,  and  these  could  be  counted  on  the  fingers  of  your  two  hands, 
outside  the  settlement  at  Pembina,  and  the  occasional  wood  chopper  or  keeper  of 
the  stage  stations  along  the  river  and  those  at  the  military  posts.     *     *     * 

"In  the  early  history  of  the  Red  River  Valley  the  Hudson's  Bay  Company 
had  a  line  of  vessels  running  from  Hudson's  Bay  to  England,  which  made  annual 
trips,  bringing  the  mail  and  supplies  once  a  year  and  carrying  back  the  following 
summer  the  winter  catch  of  furs.  In  mid-winter  dog  sledges  were  sometimes 
sent  through  to  Montreal  with  later  communications  and  orders  for  goods  to  be 
delivered  the  following  August.  Subscribers  for  the  London  papers  received 
365  copies  at  one  time  and  even  in  our  day  the  wife  of  our  oldest  settler,  Mrs. 
Cavileer,  a  descendant  of  one  of  the  original  Selkirk  settlers,  informs  us  the 
subscriber  read  only  one  copy  a  day,  that  of  the  corresponding  day  of  the  year 
before.  It  was  not  until  Commodore  Kittson  arrived  at  Pembina  in  1843  and 
established  a  trading  post,  which  soon  led  to  monthly  mails,  that  the  system  of 
yearly  mails  was  improved  upon." 


J 


PART  IV 


CHAPTER  XXIV 
DIVISION  OF  THE  TERRITORY 

The  Territory  of  Dakota  was  organized  by  the  Congress  of  the  United  States 
by  the  act  of  March  2,  1861.  Prior  to  the  passage  of  this  act  by  Congress,  a  few 
enterprising  spirits  had  crossed  the  confines  of  Minnesota  and  Iowa,  and  estab- 
lished homes  along  the  banks  of  the  big  Sioux  and  Missouri  rivers,  and  founded 
the  cities  of  Sioux  Falls,  Vermilion  and  Yankton,  but  settlements  in  North  Dakota 
were  principally  at  Pembina,  until  the  Northern  Pacific  crossed  the  Red  River 
and  founded  the  City  of  Moorhead  on  the  east  bank  and  Fargo  on  the  west.  From 
that  time  forward  settlers,  attracted  by  the  liberal  provisions  of  the  homestead 
law,  and  the  rich  agricultural  lands  of  the  Red  River  Valley,  poured  into  North 
Dakota  in  streams,  and  the  population  of  the  territory  increased  from  2,405  in 
1870  to  approximately  one  hundred  and  eighty  thousand  in  1889,  when  Dakota 
was  divided  on  the  seventh  standard  parallel  and  North  Dakota  admitted  as  a 
state  in  October,  1889.  The  act  of  Congress  creating  the  territory  is  known  as 
the  "Organic  Act" — it  was  the  constitution  of  the  territory,  its  charter  of  govern- 
ment. A  territory  is  a  state  in  a  chrysalis  form,  and  the  bonds  which  clothe  this 
chrysalis  form  are  broken  only  with  the  consent  of  Congress. 

In  states,  all  the  sovereign  power  is  in  the  people,  but  so  far  as  a  territory  is 
concerned,  the  sovereign  power  is  lodged  in  Congress.  A  territory  has  no  original 
or  sovereign  power  of  legislation,  all  its  powers  are  delegated  by  Congress,  and 
while  the  people  of  the  state  may  create  governments  with  legislative,  executive 
and  judicial  powers,  the  people  of  a  territory  cannot  do  so  until  authorized  by 
Congress. 

The  enterprising,  virile  people  who  had  established  homes  in  the  territory  had 
come  largely  from  the  old  states,  though  many  came  from  the  northern  states  of 
Europe  and  Canada.  They  understood  the  principles  upon  which  this  government 
was  founded,  and  were  restive  under  the  territorial  form,  regarding  it  as  servile, 
and  therefore  intolerable.  They  wanted  relief  from  the  irresponsibility  of 
appointed  rulers  and  judges,  and  a  voice  in  the  selection  of  those  who  should 
govern  them.  The  rapid  increase  in  the  population  and  material  wealth  demanded, 
as  its  people  believed,  for  the  promotion  of  their  welfare  and  the  betterment  of 
the  varied  interests,  a  more  permanent  form  of  government  than  was  possible 
under  the  territorial  form  prescribed  by  Congress. 

The  division  of  the  Territory  of  Dakota  into  two  states  or  territories  on  an 
east  and  west  line  along  the  seventh  standard  parallel  was  a  burning  question  from 
the  creation  of  the  territory  until  its  consummation  in  1889.  Hence  a  brief  review 
of  the  territorial  days  is  essential  to  a  clear  understanding  of  the  causes  and 

365 


366  HISTORY  OF  NORTH  DAKOTA 

influences  which  induced  Congress  to  form  the  State  of  North  Dakota,  and  admit 
it  as  a  sovereign  state  to  the  Union. 

The  Territorial  Legislature  of  1871  adopted  a  memorial  to  the  Congress,  pray- 
ing for  the  division  of  the  territory  on  the  forty-sixth  parallel  of  latitude,  and 
similar  memorials  were  adopted  by  the  Legislatures  of  1872,  1874,  1877.  The 
construction  of  the  Northern  Pacific  Railroad  across  the  state  to  Bismarck  in  1878 
intensified  the  interest  of  the  people  in  division,  and  from  that  time  forward  the 
movement  for  division  constantly  figured  in  congressional  annals. 

As  early  as  1873,  Senator  Ramsey  of  Minnesota  introduced  a  bill  in  the  United 
States  Senate  for  a  territory  for  the  north  half,  to  be  known  as  Pembina.  The 
bill  was  defeated.  In  1875,  Senator  Windom  of  Minnesota  introduced  a  bill  in 
the  United  States  Senate  for  the  creation  of  the  Territory  of  North  Dakota,  and 
providing  a  temporary  government  therefor.  This  bill  was  favorably  reported 
from  the  committee  on  territories  in  the  Senate  and  passed  by  the  Senate.  It 
went  to  its  death  in  the  committee  of  territories  in  the  House.  The  question  of 
division  and  admission  was  before  every  session  of  Congress,  either  by  bills  on 
division  and  admission,  by  petitions  of  residents  of  the  territory,  memorials  of  its 
Legislatures  or  by  resolutions  of  conventions  called  to  consider  the  subject,  for 
a  period  of  sixteen  years. 

The  real  battle  for  division  and  admission  began  in  the  territorial  legislative 
session  of  1883.  That  assembly  established  a  university  at  Grand  Forks,  an 
insane  asylum  at  Jamestown,  and  a  penitentiary  at  Bismarck.  It  authorized  the 
issuance  of  bonds  to  construct  necessary  buildings,  and  provided  that  in  the  event 
of  division,  the  bonds  should  be  assumed  and  paid  by  North  Dakota,  and  made 
quite  liberal  appropriation,  in  view  of  the  financial  condition  of  the  territory,  for 
the  maintenance  of  these  institutions  for  the  ensuing  two  years.  It  also  located 
an  agricultural  college  at  Fargo,  but  made  no  appropriation  therefor.  The  loca- 
tion was  conditioned  upon  the  donation  of  a  suitable  site  of  at  least  forty  acres 
by  the  citizens  of  Fargo.  The  condition  was  never  complied  with,  and  there  was 
no  agricultural  college  in  the  north  half  of  the  territory  until  statehood.  It  located 
the  Normal  School  at  Minto,  in  Walsh  County,  but  made  no  appropriation  there- 
for. That  assembly  also  passed  an  act  for  the  removal  of  the  capital  from  Yank- 
ton, through  a  capital  commission  of  nine  persons,  who  were  authorized  and 
empowered  to  remove  the  capital  from  Yankton,  and  locate  it  at  some  place  more 
convenient  and  accessible  to  the  people  generally.  It  was  urged  as  a  reason  there- 
for that  the  great  railroad  systems  which  now  traverse  the  State  of  South  Dakota 
would,  in  the  selection  of  a  site  by  the  Legislature,  control  the  location  to  the 
detriment  of  the  people,  whose  interests  would  be  better  safeguarded  by  a  com- 
mission. The  Legislature  left  the  selection  of  the  site  to  the  judgment  of  the 
commission,  but  as  a  majority  of  the  commission  were  from  that  part  of  the 
territory  now  constituting  the  State  of  South  Dakota,  it  was  assumed  that  some 
town  in  the  central  portion  thereof  would  be  selected. 

Some  members  of  the  Legislature  who  voted  in  favor  of  the  law  creating  the 
commission  claimed  there  was  a  passive  understanding,  in  fact  an  agreement  by 
the  proponents  of  the  measure,  that  the  commission  would  select  as  a  site  for  the 
"seat  of  government"  the  Town  of  Redfield,  situated  in  nearly  the  central  part  of 
South  Dakota,  and  save  for  this  understanding  the  commission  scheme  would 
have  been  defeated.    No  proof  of  such  agreement  was  ever  forthcoming,  and  the- 


HISTORY  OF  NORTH  DAKOTA  367 

fact  that  Aberdeen,  Huron,  Sioux  Falls  and  Pierre,  in  South  Dakota,  vigorously 
competed  for  the  location  seemingly  negatives  such  claimed  agreement. 

The  committee  visited  all  the  localities  in  South  Dakota  which  offered  induce- 
ments for  the  capital  location,  and  inspected  a  location  at  the  south  end  of  Devils 
Lake,  and  also  Bismarck,  in  North  Dakota. 

The  act  creating  the  commission  left  it  untrammeled  in  the  selection  of  the 
site,  save  that  the  place  chosen  should  donate  to  the  territory  at  least  i6o  acres 
of  land  and  contribute  $100,000  for  the  erection  of  a  capitol  building.  Bismarck 
complied  with  these  conditions  and  in  June,  1883,  at  a  meeting  of  the  commission 
held  at  Fargo,  Bismarck  was  selected  by  a  vote  of  five  to  four,  as  the  "seat  of 
government." 

The  business  men  of  Fargo  filed  a  protest  against  the  selection  of  Bismarck, 
and  demanded  that  Mr.  Spalding,  a  resident  of  Fargo,  and  a  member  of  the  com- 
mission, vote  against  Bismarck.  Alexander  Hughes,  William  E.  DeLong  and 
John  P.  Belding  of  South  Dakota,  Alexander  McKenzie  and  Milo  \V.  Scott  of 
North  Dakota,  voted  for  Bismarck.  B.  F.  Spalding  voting  for  Redfield.  This 
selection  surprised  the  people  of  the  territory.  South  Dakota  was  wild  in  its 
protestations,  denouncing  the  act  of  the  commission  in  the  strongest  possible 
terms. 

Upon  the  relation  of  the  district  attorney  of  Yankton,  an  action  was  instituted 
in  the  nature  of  "Quo  Warranto"  to  oust  the  commission  from  office,  on  the 
ground  that  the  law  was  in  contravention  of  the  "Organic  Act,"  which  provided 
that  the  seat  of  government  should  be  selected  by  the  governor,  and  the  Legislative 
Assembly,  and  that  the  Legislature  could  not  lawfully  delegate  the  right  and 
power  to  a  commission  to  remove  the  capital  and  locate  it  elsewhere. 

The  commission  answered  this  complaint,  and  the  cause  was  tried  before  Chief 
Justice  Edgerton,  at  Yankton.  Motions  for  judgment  were  made  by  both  parties 
upon  the  pleadings.  The  motion  of  the  district  attorney  for  Yankton  was  sus- 
tained and  on  August  27,  1883.  Judge  Edgerton  rendered  judgment : 

"That  said  defendants,  and  each  of  them,  be  and  they  are  hereby  forever 
ousted  and  excluded  from  said  office  of  commissioners  mentioned  in  said  action 
in  the  complaint  described,  and  from  all  franchise  and  privileges  made,  enumer- 
ated or  included  therein." 

The  chief  justice  filed  no  written  opinion  stating  the  grounds  upon  which  the 
judgment  was  based.  From  this  judgment  the  commission  appealed  to  the 
Supreme  Court  of  the  territory.  The  leading  counsel  for  the  commission  was 
William  F.  Vilas,  of  Madison,  Wis.,  who  afterwards  became  a  member  of  the 
cabinet  of  Grover  Cleveland.  He  was  ably  assisted  by  W.  P.  Clough  of  St.  Paul, 
later  vice  president  of  the  N.  P.  Railway,  and  Alexander  Hughes  of  Yankton, 
who  was  a  member  of  the  commission,  and  also  the  attorney-general  of  the  terri- 
tory, an  office  which  had  been  created  by  the  Legislature  of  1883.  The  respond- 
ents were  represented  by  Bartlett  Tripp,  a  notably  able  lawyer;  Gideon  C.  Moody, 
afterwards  a  United  States  senator  from  South  Dakota;  John  R.  and  Robert 
Gamble,  later  elected  to  Congress  and  the  United  States  Senate,  respectively, 
from  South  Dakota ;  and  Ellenson  G.  Smith,  the  district  attorney,  all  being  resi- 
dents of  Yankton. 

This  array  of  counsel  filed  exhaustive  briefs  covering  every  phase  of  the 
subject  and  supplemented  the  briefs  by  oral  argument  to  the  court.    A  majority 


368  HISTORY  OF  NORTH  DAKOTA 

of  the  court  after  due  consideration  reversed  the  judgment  of  the  District  Court, 
deciding : 

"That  in  their  opinion  the  appellants  were  lawfully  entitled  to  exercise  the 
duties  of  their  appointment  under  the  act  in  question." 

Chief  Justice  Edgerton  dissenting  held: 

"From  the  whole  case  I  must  conclude  that  the  act  of  the  Territorial  Legis- 
lature creating  the  capital  commission  was  unwarranted  and  invalid." 

The  act  of  the  commission  in  selecting  Bismarck  as  the  seat  of  government 
unified  the  people  of  North  Dakota.  It  increased  the  discontent  prevailing  in 
the  southern  part  of  the  territory  and  hastened  division. 

CONVENTIONS 

A  convention  of  i88  delegates  representing  thirty-four  counties  in  the  south- 
ern portion  of  the  territory  assembled  in  Huron  in  June,  1883,  and  demanding 
a  division  of  the  territory  on  the  forty-si.xth  parallel,  provided  for  a  convention  to 
meet  at  Sioux  Falls  and  frame  a  constitution.  This  convention  met  in  Septem- 
ber, 1883,  and  after  a  session  of  fourteen  days  formulated  a  constitution  and 
submitted  it  to  the  electors  in  the  forty-two  counties  of  South  Dakota,  by  whom 
it  was  adopted.  This  constitution  was  submitted  to  Congress  and  on  February 
29th  Benjamin  Harrison,  then  a  senator  from  Indiana,  and  chairman  of  the 
Committee  on  Territories,  reported  from  that  committee  a  bill  to  enable  the  peo- 
ple of  that  portion  of  the  state  south  of  the  forty-sixth  parallel  to  become  a  state. 
The  bill  was  recommited  by  the  Senate,  but  again  reported  on  March  19,  1884.  It 
was  considered  by  the  Senate  December  9,  1884,  and  passed  the  Senate  December 
16,  1884.     It  was  messaged  to  the  House  and  failed  of  passage  there. 

North  Dakota  also  held  conventions.  One  was  called  to  meet  at  Fargo  Jan- 
uary 4,  1882,  to  take  some  action  favoring  the  admission  of  the  territory  as  a 
whole,  or  its  division.  It  appointed  a  committee  to  proceed  to  Washington  and 
urge  Congress  to  divide  the  territory. 

In  1887  the  north  half  of  the  territory  sent  delegates  to  a  convention  which 
assembled  at  Aberdeen.  Brown  County  was  the  only  county  in  South  Dakota 
represented.  This  convention  adopted  a  resolution  which  declared  that  the  ter- 
ritory should  be  divided  into  two  states,  the  north  half  to  be  named  North  Dakota. 

A  third  convention  met  at  Jamestown  in  1888.  It  adopted  a  memorial  on  the 
division  of  the  territory  in  the  two  parts  and  the  admission  of  both  North  and 
South  Dakota  as  states,  and  appointed  a  committee  to  present  this  memorial  to 
Congress. 

The  Territorial  Legislature  which  assembled  at  Bismarck  in  January.  1885, 
adopted  and  forwarded  to  Congress  a  memorial  providing  for  the  admission  of 
South  Dakota  as  a  state.  This  memorial  was  an  able  document.  In  intense, 
pertinent  and  trenchant  language  it  enumerated  reasons  why  division  should  be 
had,  and  the  admission  of  South  Dakota  as  a  state  be  granted,  but  Congress 
failed  to  act  thereon  until  December  15,  1885.  In  the  meantime  a  second  consti- 
tutional convention  was  held  at  Sioux  Falls,  in  September.  1885;  it  framed  and 
submitted  a  constitution  which  was  ratified  by  the  people  of  South  Dakota,  by  an 
overwhelming  vote. 

This  constitution   and  the  memorial  of  the  Legislature   of    1885   were  pre- 


RICHARD  F.  PETTIGREW 

Came  to  Sioux  Falls  in  1869.  Territorial 
le<;islator,  delegate  to  Congress  in  1881  and 
first  United  States  senator  from  South 
Dakota. 


HISTORY  OF  NORTH  DAKOTA  369 

sented  to  the  Senate  by  its  president  pro  tern.,  John  Sherman,  on  December  15, 
1885.  Senator  Harrison  introduced  a  bill  to  admit  South  Dakota  as  a  state,  and 
to  organize  the  Territory  of  North  Dakota,  on  that  date.  This  bill  with  an  amend- 
ment substituting  Lincoln  instead  of  North  Dakota,  as  the  name  of  the  new  terri- 
tory, passed  the  Senate  February  5,  1886.  It  was  reported  adversely  by  the 
House  Committee  on  Territories. 

Bills  were  introduced  in  January,  1886,  to  admit  the  entire  territory  as  a  state, 
to  divide  the  territory  on  the  Missouri  River,  to  organize  the  Territory  of  Lin- 
coln, to  enable  the  people  of  the  territory  east  of  the  Missouri  to  frame  a  consti- 
tution and  be  admitted  as  a  state,  to  admit  the  entire  state  and  to  organize  the 
Territory  of  North  Dakota. 

In  the  congressional  sessions  of  1887  and  1888,  other  bills  were  substituted 
for  these.  Bills  which  proposed  the  admission  to  statehood  of  Washington, 
Dakota,  Montana,  and  New  Mexico.  A  bill  to  admit  Dakota  passed  the  Senate, 
no  bill  to  divide  the  territory  and  admit  the  states  of  North  and  South  Dakota 
passed  either  house  of  Congress  in  1887- 1888. 

The  Territorial  Legislature  of  1887  submitted  the  question  of  division  to  a 
vote  of  the  people,  at  the  general  election  in  November,  1887.  The  governor  of 
the  territory  was  empowered  to  proclaim  the  result  of  the  election  when  it  was 
certified  to  him  by  the  proper  canvassing  board.  The  full  returns  of  the  election 
were  not  received  until  January  10,  1888,  and  on  January  12,  1888,  Governor 
Church  issued  his  proclamation  showing  that  67,618  votes  were  cast,  of  which 
37,784  favored  division,  and  32,913  opposed.  A  majority  of  4,871  for  division. 
The  counties  in  North  Dakota  gave  a  majority  of  10,284  against  division.  Only 
four  counties  in  North  Dakota  favored  it,  viz. :  Burleigh,  Grand  Forks,  Ramsey 
and  Ward, 

LEGISLATIVE  ACTION 

The  resentment  of  South  Dakota  resulting  from  locating  the  capital  at  Bis- 
marck was  forcibly  shown  in  the  Legislature  of  1888.  It  re-enacted  the  law  of 
1883  locating  the  agricultural  college  at  Fargo,  and  authorized  the  issuance  of 
bonds  for  the  university  to  cover  deficiencies  incurred  in  the  course  of  the  con- 
struction of  its  buildings.  It  extended  the  time  one  year  in  which  the  citizens  of 
Fargo  could  comply  with  the  conditions  prescribed  in  the  law  of  1883,  but  did 
not  authorize  the  issuance  of  bonds  to  construct  buildings,  nor  appropriate  for 
its  maintenance. 

The  South  Dakota  members  strenuously  resisted  appropriations  for  the  main- 
tenance of  the  university,  penitentiary  and  insane  asylum.  The  capital  commis- 
sion had  issued  warrants  in  payment  of  the  excess  of  the  cost  of  constructing 
buildings  in  a  sum  exceeding  $30,000;  it  had  incurred  an  indebtedness  of  $5,258.59 
for  furniture  to  equip  the  offices  of  territorial  officers  and  legislative  halls, 
$4,198.45  for  carpeting  the  same,  $10,561.46  for  heating  apparatus  and  $1,415 
for  plumbing.  A  prolonged  struggle  over  these  items  continued  until  near  the 
close  of  the  session,  when  representatives  of  districts  in  South  Dakota,  in  which 
public  institutions  were  located,  becoming  alarmed  at  the  possibility  of  the  defeat 
of  every  appropriation  to  maintain  them,  agreed  to  the  expedient  of  omnibussing 
all  appropriations  and  combining  with  a  solid  North  Dakota  vote,  passed  in  the 


370  HISTORY  OF  NORTH  DAKOTA 

House  a  law  appropriating  for  all  the  institutions  north  and  south,  for  the 
maintenance  of  the  capitol  and  for  payment  of  the  indebtedness  incurred  by  the 
capital  commission  excepting  the  warrants  for  capitol  construction.  The  Legis- 
lative Council  refused  to  concur  in  many  of  the  provisions  of  this  bill  and  it  was 
referred  to  a  conference  committee  to  adjust  the  differences  between  the  respective 
houses.  The  conference  continued  a  number  of  days,  the  House  adhered  to  the 
omnibus  bill  and  the  Council  finally  yielded  its  opposition,  and  agreed  to  the  bill 
with  a  proviso  added : 

"Not  to  be  construed  as  a  ratification  or  endorsement  of  the  acts  of  the  com- 
mission locating  the  capital  at  Bismarck." 

As  a  further  step  in  the  direction  of  statehood,  this  session  made  provision 
for  a  census.  It  divided  the  territory  into  two  districts,  and  Maj.  A.  W.  Edwards, 
of  Fargo,  was  selected  to  superintend  the  taking  of  the  census  in  North  Dakota. 
He  reported  to  the  national  Government  a  total  population  of  152,199  in  North 
Dakota.  This  was  greater  than  the  ratio  prescribed  for  a  congressman,  and  the 
question  of  sufficient  population  to  entitle  North  Dakota  to  statehood  was  settled. 

The  difference  between  North  and  South  Dakota  gradually  widened  in  1886- 
87.  South  Dakota  refused  to  be  reconciled  to  the  removal  of  the  capital  from 
Yankton.  It  controlled  the  Legislature  of  1887  and  the  intention  to  continue  the 
fight  against  the  commission  and  other  institutions  was  manifest  in  the  early  days 
of  the  session.  Better  counsels,  however,  prevailed  and  both  sections  were  treated 
fairly  in  the  distribution  of  the  funds  of  the  territory.  It  submitted,  however, 
the  question  of  division  to  a  vote  of  the  people  at  the  general  election  in  Novem- 
ber. The  heavy  vote  against  the  division  in  North  Dakota  was  a  surprise,  and 
was  accounted  for  on  the  theory  that  the  then  democratic  national  organization 
was  hostile  to  division  and  was  unfavorable  to  admission  to  the  Union,  either  as 
one  or  two  states.  The  only  evidence  introduced  to  support  this  theory  was  the 
open  opposition  of  leading  democratic  officials  in  both  sections  of  the  territory 
to  division. 

The  democratic  counties  polled  heavily  against  division.  The  election  of 
Benjamin  Harrison  as  President  in  1888  had  a  most  salutary  effect  upon  the  divi- 
sion and  admission  of  the  Dakotas.  As  a  senator  he  was  a  staunch  advocate  of 
division  and  admission.  It  was  claimed  that  he  might  call  a  special  session  of  Con- 
gress in  March  to  take  action  on  this  subject.  Confronted  with  this  possibility, 
members  of  the  House  who  had  antagonized  admission  of  any  more  states, 
"changed  front"  and  pledged  support  to  the  Springer  omnibus  bill,  which  the 
House  early  in  January  considered.  It  amended  the  act  which  provided  for  the 
admission  of  Dakota,  Montana,  Washington,  Idaho  and  New  Mexico,  by  adding 
the  words  "In  lieu  of  the  State  of  Dakota,  the  states  of  North  and  South  Dakota," 
and  passed  the  bill  as  so  amended.  The  Senate  refused  to  concur  in  the  House 
bill  and  eliminated  Idaho  and  New  Mexico  therefrom,  and  requested  a  conference 
of  the  two  Houses  to  compromise  their  differences  and  at  once  appointed  the 
Senate  conferees.  The  House  agreed  to  the  conference  February  2d.  The  con- 
ference later  reported  a  disagreement  to  the  respective  Houses.  Their  report 
was  considered  by  the  House,  instructions  were  given  and  a  second  conference 
granted.  The  report  of  this  conference  was  presented  to  the  Senate  on  February 
20th  and  agreed  to  without  division.     It  was  forthwith  transmitted  to  the  House, 


JUDSON  LA  MOUKE 

Pioneer  of  Union  County,  1860.     Legis- 
lator from  Pembina  County  later 


HUGH    S.    DONALDSON 

First  legislative  representa- 
tive from  the  Red  River  of  the 
North,   1862. 


CHARLES  E.  GALPIX 

Indian   trader   and  husband   of 
Mrs.  Pieotte 


HISTORY  OF  NORTH  DAKOTA  371 

which  adopted  the  report  and  thus  passed  the  bill  which  admitted  the  four  states 
of  North  and  South  Dakota,  Montana,  and  Washington  into  the  Union. 

The  bill  was  presented  to  President  Cleveland  for  his  signature,  and  he  com- 
plied with  the  suggestion  of  Springer,  who  for  reasons  of  sentiment  desired  the 
bill  signed  on  the  anniversary  of  the  birth  of  George  Washington,  first  President 
of  the  United  States,  and  affixed  his  signature  to  the  Enabling  Act  on  February 
22,   i88g. 

The  last  Territorial  Legislature  convened  at  Bismarck,  in  January,  1889,  and 
in  anticipation  of  statehood  enacted  but  few  laws  outside  of  appropriations. 
There  was  no  contest  over  these  as  in  former  years,  and  all  institutions  were 
allotted  an  equitable  share  of  the  prospective  income  of  the  ensuing  two  years. 
It  authorized  an  election  be  held  April  7,  1889,  to  choose  delegates  to  a  constitu- 
tional convention  to  be  held  at  Grafton,  on  the  second  Tuesday  of  May,  1889, 
the  act  to  be  inoperative  if  Congress  passed  an  "enabling  act"  prior  to  the  date 
of  holding  the  election. 

This  was  the  most  important  act  passed  and  over  which  a  good  natured  con- 
test was  had  in  designating  the  place  of  holding  it.  The  South  Dakota  members 
of  the  Legislature  left  the  selection  to  the  North  Dakota  members,  and  agreed 
to  vote  for  the  place  which  received  a  majority  vote  of  the  North  Dakota  mem- 
bers.    Grafton  won. 

The  following  statement  as  to  Governor  Ordway  was  written  by  this  writer 
in  1889: 

"Ex-Governor  Ordway,  who  had  served  twelve  years  as  sergeant-at-arms  and 
paymaster  of  the  United  States  House  of  Representatives,  and  several  terms  in 
both  branches  of  the  New  Hampshire  Legislature,  was  appointed  governor  of 
Dakota  in  May,  1880,  to  succeed  Governor  William  A.  Howard,  who  died  at 
Washington,  while  filling  out  a  term  as  governor  of  Dakota.  Governor  Ord- 
way, having  had  pretty  large  experience  in  public  life,  determined  to  make  himself 
personally  acquainted  with  every  part  of  the  territory  over  which  he  was  called 
upon  to  preside,  and  after  having  cleared  up  the  executive  work  which  had 
accumulated  during  Governor  Howard's  illness  at  Yankton,  started  up  the  Mis- 
souri River  to  Fort  Sully,  where  he  took  an  ambulance  across  the  Big  Sioux 
reservation  to  the  Black  Hills,  traversing  the  rolling  prairies  and  taking  account 
of  the  resources  of  that  vast  country  which  was  still  in  the  possession  of  the 
Indians. 

"The  presence  of  the  new  governor  in  the  Black  Hills  pleased  the  people,  and 
the  governor  was  royally  entertained  for  nearly  two  weeks,  during  which  he 
explored  nearly  all  the  principal  mines,  and  procured  large  quantities  of  speci- 
mens, to  be  forwarded  by  express,  to  make  up  an  eastern  exhibit,  which  he  was 
co-operating  with  the  Northern  Pacific  Railroad  in  arranging,  with  the  view  of 
bringing  in  immigration  and  developing  the  country.  From  the  Black  Hills  he 
took  transportation  250  miles  to  Bismarck,  in  the  north ;  and  thence,  examining 
the  famous  wheat  fields  and  procuring  specimen  products  in  the  lames.  Red  and 
Sioux  River  valleys,  returned  to  the  Missouri  River  Valley  and  Yankton,  the 
seat  of  government.  Remaining  there  for  a  period  to  attend  to  accumulated 
business,  he  afterwards  shipped  the  products  thus  secured  to  Cliicago,  to  be 
placed  in  the  elegant  car  specially  built  by  the  Northern  Pacific  Railroad  Com- 
pany, for  a  complete  exhibit  of  the  products  of  Dakota  and  other  territories  on 


372  HISTORY  OF  NORTH  DAKOTA 

their  line,  wiiich  was  en  route  for  the  New  England  AgricuUural  Fair,  to  be  held 
at  Worcester,  Mass..  in  September,  1880.  The  governor,  by  special  invitation, 
accompanied  this  exhibit,  which  embraced  almost  everything  grown  in  the  various 
counties  in  Dakota,  and  was  the  guest  of  the  City  of  Worcester  and  the  New 
England  Agricultural  Society  for  the  entire  week  of  the  fair.  During  this  time 
many  thousands  of  people  visited  the  car,  and  entered  their  names  upon  a  register 
prepared  for  that  purpose,  requesting  printed  documents  giving  information  as 
to  the  resources  of  this  new  country  and  its  vast  wheat  fields.  The  governor 
remained  east  until  November,  only  returning  to  Yankton  in  season  to  cast  his 
vote  at  the  November  election.  During  this  period  the  exhibition  car  was  taken 
all  over  New  England  and  a  considerable  portion  of  the  Canadas,  thus  securing 
the  names  and  addresses  of  nearly  two  hundred  thousand  land  seekers  or  appli- 
cants for  information  in  regard  to  the  new  Northwest.  This  exhibition  of  the 
resources  of  Dakota  undoubtedly  started  and  kept  in  motion  the  unprecedented 
boom  which  followed  in  1881,  and  continued  during  nearly  all  of  Governor 
Ordway's  term. 

"The  Territorial  Legislative  Assembly  convened  at  Yankton  in  January,  1881, 
at  which  time  the  governor  found  himself  confronted  with  very  grave  responsi- 
bilities. The  territorial  laws  required  the  governor  to  make  contracts  with  the 
managers  of  insane  hospitals  and  officers  of  penal  institutions  in  adjoining  states, 
for  the  keeping  of  all  the  indigent  insane  and  convicts  sentenced  and  decreed  to 
be  confined  in  the  territory.  This  requirement  was  practically  impossible,  as  the 
insane  hospitals  in  adjoining  states  were  all  filled  to  overflowing,  and  there  was 
no  desire  on  the  part  of  any  of  the  states  to  increase  the  number  of  convicts  in 
any  of  these  institutions.  The  outstanding  securities  of  the  territory  bearing 
10  per  cent  interest  were  selling  at  80  cents  on  the  dollar,  and  there  was  not  a 
piece  of  brick,  stone  or  iron  laid  in  any  suitable  public  building.  The  governor 
earnestly  called  attention  to  this  state  of  things  in  his  first  message,  and  by 
subsequent  appeals  secured  the  enactment  of  laws  providing  for  the  erection  of 
a  comparatively  fire  proof  insane  asylum  at  Yankton,  and  a  stone  penitentiary  at 
Sioux  Falls,  for  which  bonds  bearing  6  per  cent  interest  were  authorized.  An 
appropriation  was  also  secured  for  a  small  deaf  mute  asylum  at  .Sioux  Falls. 

"This  first  session  of  the  Legislative  Assembly  was  rather  exciting,  and  at 
some  times  the  relations  between  the  legislative  and  the  executive  departments 
were  considerably  strained  over  the  governor's  determination  to  prevent  the  issue 
of  any  bonded  indebtedness  by  counties  or  municipal  corporations,  unless  the 
same  had  been  approved  by  a  vote  of  the  people,  the  governor  deeming  this  pre- 
caution necessary  to  keep  down  an  incipient  spirit  of  wildness,  tending  to  repudia- 
tion. The  records  of  the  territory  show  that  the  governor  withheld  his  signature 
to  nearly  or  quite  one-third  of  the  acts  passed  by  that  Legislative  Assembly. 

"Immediately  following  the  adjournment  of  the  Legislative  Assembly,  disas- 
trous floods  caused  by  immense  ice-gorges  in  the  Missouri  River,  swept  over  a 
large  portion  of  the  lower  Missouri  and  Sioux  River  valleys,  carrying  away 
houses  and  detsroying  thousands  of  horses,  cattle  and  other  domestic  animals, 
and  driving  several  thousand  people  from  their  homes,  leaving  them  in  a  destitute 
condition.  At  the  request  of  the  mayor  and  an  executive  relief  committee  of  the 
City  of  Yankton,  Governor  Ordway,  who  was  at  Washington,  secured  supplies 
from  the  war  department  for  the  immediate  relief  of  the  settlers,  which  were 


wt 

w^\ 


NEHEMIAH  G.  ORDWAY 
Seventh  governor  of  Dakota  Territory,  1880-1884 


HISTORY  OF  NORTH  DAKOTA  373 

stored  for  feeding  the  Indians  along  the  river,  and  subsequently  the  governor 
visited  New  York  and  Boston,  endorsing  the  appeal  made  by  the  Yankton  aid 
committee  for  aid,  and  was  thus  enabled  to  forward  several  thousands  of  dollars 
in  money  and  seven  or  eight  tons  of  clothing  and  other  necessary  supplies  which 
the  people  of  the  East  freely  contributed  to  the  sufiferers  by  these  disastrous  floods. 

"During  the  summer  of  1882  the  governor  made  a  tour  of  inspection  through 
the  center  of  the  territory,  traveling  over  the  fertile  prairies  nearly  four  hundred 
miles  from  Yankton  to  Fort  Totten,  and  in  the  fall  of  1882  he  made  a  very 
exhaustive  report  to  the  secretary  of  the  interior  of  the  condition  and  resources 
of  the  whole  territory. 

"When  the  Legislative  Assembly  convened  at  Yankton  in  January,  1883, 
although  the  insane  hospital  at  Yankton  and  the  penitentiary  at  Sioux  Falls  had 
both  been  completed  and  placed  in  good  running  order,  the  capacity  of  these 
institutions  was  found  to  be  entirely  inadequate  to  the  rapidly  increasing  require- 
ments. The  governor  recommended  the  enlargement  of  both  these  institutions, 
and  secured  aid  from  the  United  States  for  a  wing  to  the  penitentiary,  which 
would  accommodate  prisoners  sentenced  by  the  United  States  courts.  He  also 
recommended  an  appropriation  for  a  suitable  stone  structure  as  a  deaf  mute 
school,  the  small  one  previously  provided  for  at  Sioux  Falls  having  got  well 
under  way,  but  not  being  fire  proof  ;  and  as  under  a  previous  act,  Clay  County 
and  the  City  of  Vermilion  had  established  the  foundations  for  a  small  university, 
the  governor  recommended  its  enlargement  and  endowment  by  the  territory,  and 
a  sufficient  appropriation  to  found  a  creditable  university  for  the  southern  portion 
of  the  territory.  And,  inasmuch  as  communication  between  the  northern  and  the 
southern  portion  of  the  territory  had  to  be  carried  on  through  Minnesota  and 
Iowa,  the  governor  advised  that  a  large  saving  would  be  made  by  the  erection  of 
another  penitentiary  at  Bismarck,  on  the  Missouri  River,  which  would  be  a  great 
saving  in  the  cost  of  transportation  of  prisoners  from  the  Black  Hills  and  the 
northern  portion  of  the  territory ;  also,  that  another  insane  asylum  be  provided 
for  at  Jamestown,  and  another  university  to  accommodate  the  rapidly  increasing 
population  of  the  north,  at  Grand  Forks,  on  the  Red  River. 

"In  order  to  encourage  a  better  and  more  thorough  system  of  tilling  this  rich 
soil,  the  governor  recommended  and  approved  bills  for  the  establishment  of  an 
agricultural  college  at  Brookings,  in  the  south ;  also  at  Fargo,  in  the  north ;  and 
in  order  to  secure  a  higher  grade  of  teachers  he  advised  the  Legislature  to  endow 
a  normal  school  at  Madison,  and  another  one  of  the  same  character  at  Spearfish, 
in  the  Black  Hills, — thus  giving  the  southern  and  the  northern  portions  of 
the  territory  duplicate  institutions,  which  would  enable  them  to  perform  all  the 
duties  and  obligations  which  are  usually  imposed  upon  states ;  in  fact  laying  the 
foundation  for  a  division  of  the  territory  and  the  creation  of  two  states. 

"The  Legislative  Assembly,  realizing  the  phenomenal  increase  of  population 
and  taxable  property  in  the  territory,  by  a  nearly  two-thirds  vote  adopted  all 
of  the  governor's  suggestions,  and  made  such  appropriations  as  could  safely  be 
made  within  the  approximate  increase  of  the  resources  of  the  territory  for  the 
next  two  years,  leaving,  when  these  buildings  were  all  completed,  a  5  and  6  per 
cent  bonded  indebtedness  of  less  than  four  hundred  thousand  dollars,  which 
securities  were  sold  by  advertisement  in  the  open  market,  at  from  3  to  5  per 
cent  above  par. 


374  HISTORY  OF  NORTH  DAKOTA 

"Yankton  being  situated  in  the  extreme  southeast  corner  of  the  territory,  and 
the  development  in  the  northern  and  central  portion  having  become  so  great, 
the  Legislative  Assembly,  without  any  suggestion  from  the  governor,  after  the 
appointment  of  committees  to  consider  the  subject,  decided  by  nearly  a  two- 
thirds  vote  to  change  the  seat  of  government  to  some  more  central  and  accessible 
locality,  provided  some  such  town  or  place  would  erect  and  convey,  without 
expense  to  the  territory,  a  capitol  building  suitable  for  the  transaction  of  the 
public  business,  with  sufficient  grounds  for  its  completion  and  embellishment. 
The  governor  approved  an  act  providing  for  commissioners  to  carry  out  the  will 
of  the  Legislative  Assembly,  and  a  capitol  was  built  and  the  seat  of  government 
changed  thereunder  from  Yankton  to  Bismarck,  which  was  exactly  in  the  center 
east  and  west,  but  somewhat  north  of  the  geographical  center  of  the  territory. 

"Thus  at  the  end  of  Ciovernor  Ordway's  term,  the  last  of  July,  1884,  all  these 
penal,  charitable  and  educational  institutions  had  been  erected  and  put  in  suc- 
cessful operation  and  the  capitol  built  and  occupied,  leaving  a  bonded  indebted- 
ness of  less  than  four  hundred  thousand  dollars,  to  meet  which  there  was  a  surplus 
in  the  territorial  treasury  of  $200,cwo  towards  paying  this  bonded  indebtedness 
as  it  became  due.  The  governor  not  only  recommended  and  approved  the  acts 
for  building  all  of  these  public  buildings,  but,  as  a  member  ex  officio  of  the  dif- 
ferent boards,  he  exercised  a  personal  supervision  over  their  construction,  traveling 
all  over  the  territory  to  assist  in  laying  out  the  grounds  and  attending  to  the 
organization  and  meetings  of  the  various  boards,  without  ever  having  presented 
a  bill  or  drawn  one  dollar  for  the  per  diem  and  expenses  which  the  officers  of 
these  institutions  were  entitled  to  receive  under  the  territorial  laws — the  governor 
holding  that  the  organic  act  of  the  territory,  which  must  be  regarded  as  its  con- 
stitution, prohibited  Federal  officers  from  drawing  salaries  from  the  people  of 
the  territory. 

"After  Governor  Ordway  retired  from  the  executive  office  he  organized  the 
Dakota  and  Eastern  Land  and  Loan  Company,  and  gave  his  attention  to  securing 
eastern  capital  for  the  use  of  the  settlers,  through  the  First  National  Bank  of 
Pierre,  and  the  Capital  National  Bank  of  Bismarck,  both  of  which  institutions 
he  organized,  and  he  was  the  first  president  of  each. 

"Governor  Ordway  served  as  a  commissioner  for  Dakota,  under  an  appoint- 
ment from  Governor  l^ierce,  on  the  centennial  board  of  one  from  each  state  and 
territory,  for  celebrating  the  adoption  of  the  constitution  at  Philadelphia,  during 
the  years  1886  and  1887,  and  honored  Dakota  by  being  placed  by  the  full  board 
of  commissioners  upon  the  executive  committee  for  making  all  the  arrangements 
for  that  historic  gathering ;  was  selected  to  respond  at  the  great  banquet  for  all 
the  territories ;  and  on  the  day  of  the  final  ceremonies  in  front  of  Independence 
Hall,  was  selected,  on  account  of  his  large  acquaintance  with  the  public  men  of 
the  coimtry.  as  a  member  of  the  committee  on  reception.  He  also  represented 
Dakota  in  behalf  of  the  governor,  on  the  various  boards  during  the  year  1888 
of  the  proposed  National  Exposition,  to  be  held  in  Washington  in  September, 
1889. 

"During  the  sessions  of  Congress  in  1887  and  1888  he  gave  a  large  portion 
of  his  time  at  Washington  seeking  to  impress  upon  the  members  of  Congress 
and  the  friends  of  the  Indians  the  advisability  and  justice  of  opening  to  settle- 
ment such  portions  of  the  Indian  reservations  as  were  not  required  or  used  by 


HISTORY  OF  NORTH  DAKOTA  375 

the  Indians,  especially  a  large  portion  of  the  great  Sioux  Reservation;  watching 
the  opportune  moment,  which  came  after  the  last  presidential  election,  to  secure 
division  and  immediate  admission  of  North  and  South  Dakota,  without  allowing 
it  longer  to  continue  a  political  question. 

"ihat  it  was  largely  due  to  Governor  Ordway's  long  and  intimate  acquaintance 
with  the  older  and  controlling  members  of  both  Houses  of  Congress,  and  his 
accurate  knowledge  of  the  rules  and  the  modes  for  overcoming  the  friction  which 
was  known  to  exist  in  regard  to  the  manner  of  bringing  in  new  states,  no  one  in 
Dakota  who  was  in  Washington  during  that  session  of  Congress  will  attempt  to 
deny.  Many  members  of  both  Houses  of  Congress,  looking  back  over  the  diffi- 
cult and  rugged  road  which  the  omnibus  bill  passed,  have  since  expressed  wonder 
that  a  bill  of  such  far-reaching  consequences  to  both  political  parties,  as  well  as 
to  the  people  of  the  territories,  moving  the  political  power  westward  to  such  an 
extent  that  Xew  York  will  never  hereafter  be  an  essential  pivot  upon  which 
presidential  elections  hang,  could  have  been  passed  in  so  short  a  period.  It  will 
hardlv  be  denied  that  ex-Governor  Ordway  has  accomplished  great  results  by 
giving  his  time  in  Washington  during  the  sessions  of  Congress,  to  promote 
legislation  for  opening  the  reservation,  and  above  all,  by  his  work  in  bringing  in 
the  two  Dakotas  at  the  same  time,  and  in  placing  North  Dakota,  in  which  he  has 
made  his  home  since  the  change  of  the  seat  of  government  to  Bismarck,  fully  equal 
in  every  respect  to  its  western  sisters  as  a  great  and  prosperous  state." 

Governor  Ordway  was  of  the  opinion  that  the  admission  of  Dakota  undivided 
would  give  a  stronger  state  than  if  admitted  as  two  states.  In  consenting  to  the 
capital  commission  bill  it  is  clear  that  he  hoped  for  the  success  of  Pierre. 

The  resolutions  of  the  Fargo  Convention  of  1882  were  strongly  in  favor  of 
division.  The  delegates  appointed  were  Judge  Alphonso  H.  Barnes,  delegate  at 
large,  with  Col.  Peter  Donan  alternate.  A.  A.  Carpenter,  Clement  A.  Lounsberry, 
Wilbur  F.  Steele,  George  H.  Walsh,  H.  G.  Stone,  J.  S.  Eschelman,  M.  J-  Edgerly, 
Anton  Klaus,  Folsom  Dow,  H.  B.  Crandall,  Louis  Thompson,  W.  F.  Clayton, 
Judson  LaMoure,  L.  D.  Austin  and  E.  A.  Healey. 

The  memorial  presented  to  the  congressional  committee  at  the  hearing  was 
drawn  by  this  writer,  who  spent  five  winters  in  Washington  favoring  the  division 
of  Dakota  before  later  advocates,  who  gained  prominence  and  preference  by 
reason  of  such  action,  came  to  the  territorj'. 

HON.   .\LEX.\NDER   MCKENZIE 

No  history  of  the  State  of  North  Dakota  would  be  complete,  or  entitled  to 
credit,  without  reference  to  Alexander  McKenzie.  He  has  been  a  part  of  that 
history  to  a  greater  extent  than  any  other  living  man.  He  has  been  identified 
with  the  history  of  the  state  almost  from  the  very  beginning  of  its  territorial  life. 
He  kept  in  touch  with  it,  laboring  for  its  development  during  all  of  its  years  of 
development  as  a  territory,  and  since  its  admission  to  statehood,  prospering  not 
as  a  money  loaner.  banker  or  merchant,  but  as  the  result  of  investment  in  North 
Dakota  real  estate  and  in  North  Dakota  securities.  He  has  held  no  office  ex- 
cepting that  of  deputy  United  States  marshal  and  sheriff  and  a  director  on  the 
Bismarck  penitentiary  board,  during  the  constrtiction  of  that  institution,  nor 
has  he  sought  office,  either  in  the  state  or  nation.     He  was  appointed  by  the 


376  HISTORY  OF  NORTH  DAKOTA 

governor,  however,  to  take  charge  of  an  exhibit  made  by  the  territory  at  the 
New  Orleans  Exposition,  where  much  was  accompHshed  for  the  good  of  Da- 
kota, and  where  he  formed  acquaintances  which  had  much  to  do  with  estabhsh- 
ing  the  credit  of  the  state  and  incidentally  in  securing  a  market  for  state  or* 
covmty  securities  in  which  he  became  a  heavy  dealer.  He  was  Republican  Na- 
tional Committeeman  for  North  Dakota  during  the  Roosevelt  administration, 
succeeded  by  James  Kenneday  of  Fargo  in  191 2. 

Alexander  McKenzie  came  to  North  Dakota  in  1867  with  Don  Stevenson's 
train  carrying  supplies  to  Fort  Rice.  There  he  was  employed  by  the  military 
authorities  to  carry  important  dispatches  to  Fort  Buford.  passing  through  a 
country  infested  with  hostile  Indians. 

He  rettirned  in  1872,  then  a  young  man  of  twenty-two,  in  connection  with 
the  construction  of  the  Northern  Pacific  Railroad,  and  during  that  summer 
he  had  charge  of  the  track  laying  on  the  line  west  from  Fargo.  After  the  com- 
pletion of  the  railroad  to  Bismarck,  in  June,  1873,  he  was  interested  in  the 
manufacture  and  sale  of  carbonated  drinks,  and  after  the  organization  of  the 
county  in  1873,  and  the  election  of  the  first  county  ofificers  in  1874,  he  wa3 
appointed  sherifif  to  fill  a  vacancy  caused  by  the  death  of  Sheriff  Miller,  who 
was  drowned,  together  with  his  deputy  Charles  McCarthy,  by  going  through 
an  air  hole  in  the  ice  on  the  Missouri  River.  He  was  elected  sherifif  at  the 
ensuing  election,  in  1876,  and  thereafter  for  ten  years,  when  he  declined  to 
be  a  candidate  for  re-election.  During  all  of  this  time  he  was  deputy  United 
States  marshal,  and  while  in  ofiice  was  instrumental  in  ridding  the  country 
of  more  than  one  hundred  criminals  of  greater  or  less  degree  who  had  sought 
asylum  or  business  in  the  opportunities  offered  by  the  opening  of  the  Northern 
Pacific  country. 

McKenzie  had  been  with  the  Northern  Pacific  from  the  beginning  of  its 
construction  and  he  knew  the  methods  and  the  faces  of  every  crook  on  th& 
line,  and  was  able  to  spot  any  new  arrival  almost  instantly,  and  was  peculiarly 
fitted  to  the  work  on  which  he  was  engaged.  He  was  in  St.  Paul  one  day 
when  a  most  atrocious  murder  was  perpetrated.  He  took  up  the  work  of  inves- 
tigation on  his  own  account  and  from  force  of  habit,  and  through  information 
he  was  able  to  give,  the  authorities  landed  their  man  inside  of  forty-eight  hours. 

In  his  pursuit  of  criminals,  some  of  whom  took  refuge  in  the  Indian  camps, 
McKenzie  took  desperate  chances,  but  he  never  flinched.  He  gained  the  ad- 
miration of  Gaul  .and  other  noted  Sioux  Indian  chiefs  by  arrests  made  in 
their  own  camps  in  the  face  of  demonstrations  by  the  Indians  which  seemed  to 
threaten  certain  death. 

It  was  through  him  that  Gaul,  Rain-in-the-Face  and  other  noted  Indians 
became  a  part  of  the  exhibit  at  New  Orleans,  and  that  Sitting  Bull  was  at  the 
head  of  the  procession  at  the  time  of  the  laying  of  the  corner  stone  of  the  cap- 
itol  at  Bismarck. 

He  yas  successful  in  the  pursuit  of  steamboats  attempting  to  leave  the 
country  without  paying  for  wood  or  supplies  procured  from  settlers  or  mer- 
chants. Without  resorting  to  the  third  degree,  as  the  badgering  of  prisoners 
is  now  styled,  there  was  that  about  him  which  led  the  large  majority  to  plead 
guilty.  He  had  the  evidence  where  there  was  real  guilt,  and  there  were  few 
mistrials. 


HISTORY  OF  NORTH  DAKOTA  377 

Born  of  sturdy  Scotch  ancestry  he  spoke  the  mother  tongue  of  his  country- 
men, winning  confidence  that  might  not  have  been  reached  by  other  means. 
No  friend  of  his  had  to  appeal  for  help  that  he  could  give,  in  the  hour  of 
real  distress,  and  many  a  person  received  timely  aid  without  ever  knowing 
the  source  from  which  it  came,  for  McKenzie  always  has  taken  pride  in  not 
letting  one  hand  know  what  the  other  has  done.  From  the  talk  others  have 
given  he  has  gained  many  a  \aluable  pointer,  sometimes  for  their  own  un- 
doing. He  leaves  the  boasting  to  others.  His  fame  was  not  confined  to  Bur- 
leigh county,  but  in  every  village,  and  on  the  lonely  ranches,  and  among  the 
sturdy  farmers  he  had  friends,  or  old  time  chums,  ready  to  dare  or  do  as  he 
requested. 

About  1880  he  had  charge  of  an  exhibit  made  by  Burleigh  County  at  an  expo- 
sition at  Minneapolis,  and  Burleigh  County  won  the  banner  which  was  then  and 
has  been  all  of  the  years  since  then  a  source  of  great  pride.  It  was  for  the  best 
grain  and  vegetables  on  exhibition.  It  served  to  attract  wide  attention  to  North 
Dakota  and  was  the  beginning  of  the  great  boom  which  followed.  This  was  fol- 
lowed by  the  exhibit  made  by  him  on  behalf  of  Dakota  at  the  New  Orleans 
Exposition,  the  influence  of  which  was  enduring.  He  asked  the  several  counties 
of  the  territory  to  contribute,  to  be  refunded  by  the  Legislature.  While  some 
twenty  thousand  dollars  was  raised  in  this  way  and  was  refunded  by  the  Legisla- 
ture, Mr.  McKenzie  advanced  the  money  in  the  first  instance  and  added  to  it 
some  twenty  thousand  dollars  of  his  own  money  which  was  not  refunded.  But 
he  won  much  credit  for  himself  and  glory  and  honor  for  the  territory'. 

In  1882  he  attended  the  session  of  the  Legislature  at  Yankton  and  it  was 
through  his  persistent  labor  that  North  Dakota  gained  its  set  of  territorial  institu- 
tions, the  penitentiary  being  located  at  Bismarck,  the  Agricultural  College  at  Far- 
go and  the  University  at  Grand  Forks.  This  was  the  foundation  for  the  action 
which  followed  in  locating  these  and  other  institutions,  in  the  constitution  of  the 
state,  which  was  accomplished  on  the  suggestion  and  through  the  planning  and 
work  of  Alexander  McKenzie,  including  the  location  of  the  capital  at  Bismarck. 

While  he  did  not  go  to  Yankton  for  the  purpose  of  securing  the  location  of 
the  capital  of  the  territory  of  Dakota  at  Bismarck,  he  saw  the  opportunity  and 
•-\ccomplished  his  purpose. 

To  discredit  Governor  Ordway,  Yankton  parties  caused  his  arrest  and  fixed 
his  bond  at  $50,000.  McKenzie  furnished  that  amount  of  currency  for  his  bail, 
which  was  reduced  to  a  reasonable  sum  and  nothing  ever  came  of  the  prosecution. 

After  the  location  of  the  capital  at  Bismarck  he  did  not  take  advantage  of  the 
boom  to  sell  real  estate,  by  reason  of  such  location,  but  held  on  and  is  today  reaping 
the  advantage  that  he  foresaw. 

To  him,  even  more  than  to  Governor  Ordway.  w'as  due  the  successful  efforts 
in  Congress  to  secure  the  division  of  Dakota  and  the  admission  of  North  Dakota 
as  a  state. 

He  was  not  the  tool  of  any  man  or  set  of  men.  He  had  the  magnetic  power 
to  draw  allies  to  his  assistance  and  the  power  of  organization  to  hold  them 
together  and  make  them  willing  helpers.  He  does  not  appear  in  any  biographies 
of  pioneers,  legislators  or  other  characters,  but  his  name  should  lead  all  others  in 
writing  of  those  responsible  for  the  material  development  of  North  Dakota. 


^78  HISTORY  OF  NORTH  DAKOTA 

DAKOTA  IN  CONGRESS 

EIOGRAPHICAL  SKETCHES  OF  DELEGATES,    1861-189O 

John  B.  S.  Todd,  a  delegate  from  Dakota  Territory;  born  in  Lexington,  Ky., 
April  4,  1814;  moved  with  his  parents  to  Illinois  in  1827;  was  graduated  from 
the  United  States  Military  Academy  in  1837 ;  commissioned  second  lieutenant 
in  the  Sixth  Infantry,  July  i,  1837;  first  lieutenant,  December  10,  1837,  and 
captain,  November  8,  1843;  served  in  the  Florida  war,  1837-1842,  and  the  war 
with  Mexico;  resigned,  September  16,  1856,  and  became  an  Indian  trader;  settled 
in  Fort  Randall,  Dakota  Territory ;  elected  to  the  Thirty-seventh  Congress 
(March  4,  1861-March  3,  1863)  ;  successfully  contested  the  election  of  William 
Jayne  to  the  Thirty-eighth  Congress  and  served  from  June  17,  1864,  to  March  3, 
1865;  appointed  brigadier  general  of  volunteers  in  the  Union  anuy,  September 

19,  1861 ;  appointment  expired  July  17,  1862;  served  as  speaker  of  the  Dakota 
House  of  Representatives,  1S67;  governor  of  Dakota  Territory,  1869-1871 ;  died 
in  Yankton,  Dakota  Territory,  January  5,  1872. 

William  Jayne,  a  delegate  from  Dakota  Territory;  born  in  Springfield,  III, 
■October  8,  1826;  completed  preparatory  studies;  studied  medicine  and  practiced 
in  Springfield  eleven  years;  mayor  of  Springfield,  1859-1861 ;  apppointed  gov- 
ernor of  Dakota  Territory  by  President  Lincoln  in  1861,  and  served  two  years, 
with  residence  in  Yankton ;  presented  credentials  as  the  delegate-elect  to  the 
Thirty-eighth  Congress,  and  served  from  March  4,  1863,  to  June  17,  1864,  when 
he  was  succeeded  by  John  B.  S.  Todd,  who  contested  his  election ;  returned  to 
Springfield,  111.;  president  of  the  Lincoln  Memorial  Library;  president  of  the 
State  Board  of  Charities  under  Governors  Yates  and  Deneen. 

Walter  A.  Burleigh,  a  delegate  from  Dakota  Territory ;  born  in  Waterville, 
Maine,  October  25,  1820;  attended  public  schools;  studied  medicine  in  Burling- 
ton, Vt.,  and  in  New  York  City,  and  began  practice  in  Richmond,  Maine ;  moved 
to  Kittanning,  Pa.,  in  1852;  declined  a  foreign  mission  tendered  by  President 
Lincoln  in  1861  ;  Indian  agent.  Greenwood,  Dakota  Territory,  1861-1865;  elected 
a  delegate  to  the  Thirty-ninth  and  Fortieth  Congresses  (March  4.  1865-March  3, 
1869)  ;  elected  to  the  upper  house  of  the  Territorial  Legislature  in  1877,  and 
served  two  terms;  removed  to  Miles  City,  Montana  Territory;  member  of  the 
state  convention  that  framed  the  constitution  of  Montana ;  ser\'ed  in  the  first 
State  Legislature ;  prosecuting  attorney  of  Custer  County ;  state  senator  from 
Yankton  County  in  1893;  died  in  Yankton,  S.  D..  March  8,  1896. 

Solomon  L.  Spink,  a  delegate  from  Dakota ;  born  in  Whitehall.  N.  Y.,  March 

20,  1831 ;  completed  preparatory  studies;  taught  school  several  years;  studied 
law,  was  admitted  to  the  bar,  and  began  practice  in  Burlington,  Iowa,  in  1856; 
moved  to  Paris,  111.,  in  1860,  and  began  the  publication  of  the  Prairie  Beacon; 
served  in  the  State  Legislature;  secretary  of  the  Territory  of  Dakota,  1865-1869; 
elected  as  a  republican  delegate  to  the  Forty-first  Congress  (March  4,  1869- 
March  3,  1871)  ;  resumed  the  practice  of  law  in  Yankton,  S.  D.,  until  his  death 
there,  September  22,  188 1. 

Moses  K.  Armstrong,  a  delegate  from  the  Territory  of  Dakota ;  born  in 
Milan,  Ohio,  September  19,  1832;  attended  the  Huron  Institute  and  Western 
Reserve  College,  Ohio;  moved  to  the  Territory  of  Minnesota  in  1856;  elected 
surveyor  of  Mower  County,  and  assigned  to  survey  of  the  United  States  lands 


DR.  WALTER  A.  BURLEIGH 

United  States  agent  to  Yankton  Indians,  1861-1865.     Delegate  to 
Congress  from  1865  to  1869 


HISTORY  OF  NORTH  DAKOTA  379 

in  1858;  went  to  Yankton,  then  a  small  Indian  village,  when  the  territory  was 
admitted  as  a  state;  was  a  member  of  the  First  Territorial  Legislature;  re-elected 
in  1862  and  1863,  and  served  as  speaker;  edited  the  Dakota  Union  in  1864; 
appointed  clerk  of  the  Supreme  Court  in  1865;  elected  to  the  territorial  council 
in  1866,  and  in  1867  chosen  speaker;  acted  as  secretai"y  of  the  Indian  Peace  Com- 
mission in  1867;  established  the  great  meridian  and  standard  lines  for  United 
States  surveys  in  Southern  Dakota  and  Northern  Red  River  Valley;  again  elected 
to  the  territorial  cotmcil  in  1869;  elected  as  a  democrat  a  delegate  to  the  Forty- 
second  and  Forty-third  congresses  (March  4,  1871-March  3,  1875)  ;  moved  to 
St.  James,  Minn.,  and  engaged  in  banking  and  real  estate  business ;  died  in  Albert 
Lea,  Minn.,  January  11,  1906. 

Jefferson  P.  Kidder,  a  delegate  from  Dakota  Territory;  born  in  Braintree, 
Vt.,  June  4,  1818;  attended  the  common  schools;  farmed  and  taught  school; 
pursued  classical  studies  and  was  graduated  from  Norwich  University ;  studied 
law  and  was  admitted  to  the  bar;  member  of  the  State  Constitutional  Conven- 
tion of  1843;  state  attorney,  1842-1847;  member  of  the  State  Senate,  1847-1848; 
lieutenant  governor,  1853-1854;  moved  to  St.  Paul,  Minn.,  in  1857;  member  of 
the  State  House  of  Representatives  of  Minnesota  in  1861,  1863  and  1864; 
appointed  by  President  Lincoln  associate  justice  of  the  Supreme  Court  for 
Dakota  Territory,  February  16,  1865 ;  reappointed  by  President  Grant,  x^pril  3, 
1869,  and  reappointed  March  3,  1873;  elected  as  a  republican,  a  delegate  from 
Dakota  Territory  to  the  Forty-fourth  and  Forty- fifth  congresses  (March  4, 
1875-March  3,  1879)  ;  died  in  St.  Paul,  Minn.,  October  2,  1883. 

Granville  G.  Bennett,  a  delegate  from  the  Territory  of  Dakota ;  born  in 
Butler  County,  Ohio,  October  9,  1833 ;  spent  his  youth  in  Fayette  County,  Ohio ; 
his  parents  moved  to  Fulton  County,  111.,  in  1849,  ^"d  to  Washington,  Iowa,  in 
1855,  attended  Howe's  Academy,  Mount  Pleasant,  and  Washington  College, 
Iowa ;  studied  law  and  in  1859  began  practice  in  Washington ;  served  in  the 
Union  army  as  a  commissioned  officer  from  July,  1861,  to  August,  1865;  elected 
a  member  of  the  State  House  of  Representatives  in  1865  for  two  years,  and  to 
the  State  Senate  in  1867  for  four  years;  appointed  associate  justice  of  the 
Supreme  Court  of  the  Territory  of  Dakota,  February  24.  1875 ;  elected  a  dele- 
gate as  a  republican  to  the  Forty-sixth  Congress  (March  4,  1879-March  3,  1881)  ; 
after  leaving  Congress,  resumed  the  practice  of  law  in  Yankton,  S.  D. 

Richard  F.  Pettigrew,  a  delegate  and  a  senator  from  South  Dakota ;  born  in 
Ludlow,  Vt.,  July,  1848;  moved  with  his  parents  to  Evansville,  Rock  County, 
Wis.,  in  1854;  attended  the  academy;  entered  Beloit  College  in  1866;  member  of 
the  law  class  in  the  University  of  Wisconsin  in  1869;  went  to  Dakota  in  July, 
1869,  in  the  employ  of  a  United  States  deputy  surveyor;  located  in  Sioux  Falls; 
engaged  in  Government  surveying  and  the  real  estate  business  until  1875  ;  engaged 
in  the  practice  of  law ;  elected  to  the  Dakota  Legislature  as  a  member  of  the 
council  in  1877  'ind  re-elected  in  1879;  elected  as  a  republican  to  the  Forty- 
seventh  Congress  (March  4,  1881-March  3,  1883)  ;  elected  to  the  territorial 
council  in  1884  and  1885 ;  elected  to  the  United  States  Senate,  October  16,  1889, 
under  the  provisions  of  the  act  of  Congress  admitting  South  Dakota  into  the 
Union,  and  served  from  December  2,  1889;  re-elected  in  1895,  and  served  until 
March  3,  1901 ;  moved  to  New  York  City  and  practiced  law ;  removed  to  Sioux 
Falls,  S.  D., 


380  HISTORY  OF  NORTH  DAKOTA 

John  B.  Raymond,  a  delegate  from  Dakota  Territorj';  born  in  Lockport, 
Niagara  County,  N.  Y.,  December  5,  1844;  moved  to  Tazewell  County,  111.,  in 
1853 ;  enlisted  as  a  private  in  the  Thirty-first  Illinois  Infantry  in  1861 ;  pro- 
moted to  captain  of  Company  E  of  that  regiment  after  the  siege  of  Vicksburg 
in  1863;  served  through  the  war  and  remained  in  Mississippi;  published  the 
Mississippi  Pilot  at  Jackson,  Miss.,  during  the  reconstruction  of  that  state  and 
until  1877;  appointed  United  States  marshal  of  Dakota  Territory;  declined  a 
reappointment;  elected  as  a  republican  delegate  to  the  Forty-eighth  Congress 
(March  4,  1883-March  3,  1885)  ;  died  in  Fargo,  N.  D.,  January  3,  1886. 

Oscar  S.  GifTord,  a  delegate  and  a  representative  from  South  Dakota;  born 
in  Watertown,  N.  Y.,  October  20,  1842;  attended  the  common  schools  and  pur- 
sued an  academic  course ;  served  in  the  Union  army  as  private  in  the  Elgin 
(111.)  Battery,  1863-1865;  studied  law,  was  admitted  to  the  bar  in  1870,  and 
practiced;  elected  district  attorney  for  Lincoln  County  in  1874;  mayor  of  Can- 
ton, S.  D.,  1882-1883;  member  of  the  Constitutional  Convention  of  Dakota  which 
convened  at  Sioux  Falls,  September  7,  1883 ;  elected  as  a  republican,  a  delegate 
to  the  Forty-ninth  and  Fiftieth  congresses  (March  4,  i88s-March  3,  1889)  ; 
elected  a  representative  upon  the  admission  of  the  state  into  the  Union  and 
served  from  December  2,  1889,  to  March  3,  1891 ;  resumed  the  practice  of  law 
in  Canton,  S.  D. 

LIST  OF  POSTOFFICES  IN  OPERATION   IN    NORTH  DAKOTA  WHEN   STATE  WAS  FORMED, 

NOVEMBER  2,    1 889 

Barnes  County — Alderman,  Ashtabula,  Barnes.  Dailey,  Dazey,  Eckelson,  Ells- 
bury,  Hackett,  Minnie  Lake,  Odell,  Oriska,  Sanborn,  Uxbridge,  Valley  City,  Svea, 
Svenby,  Binghamton. 

Benson  County — Abbottsford,  Minnewaukan,  Fort  Totten,  Obern,  York, 
Pleasant  Lake,  Leeds,  Knox,  Viking. 

Billings  County — Medora,  Sentinel  Butte. 

Boreman  Coutny — Fort  Yates. 

Bottineau  County — Bottineau,  Lordsburg,  Tarsus,  Sausahville. 

Buford  County — Williston. 

Burleigh  County — Bismarck,  Cromwell,  Menoken,  Painted  Woods,  Sterling, 
Stewartsdale,  Wogansport,  Coriger,  Edberg,  Slaughter,  Wales,  Crofte,  Glascock, 
McKenzie. 

Cass  County — Amenia,  Argusville,  Arthur,  Aye,  Buffalo,  Casselton,  Daven- 
port, Durbin,  Eldred,  Erie,  Everest,  Fargo,  Gardner,  Grandin,  Harwood,  Hick- 
son,  Horace,  Hunter,  Kindred,  Leonard,  Mapleton,  Noble,  Norman,  Page,  Ripon, 
Tower  City,  Trysil,  Watson,  Wheatland,  Wild  Rice,  Gill,  Embden,  Woods, 
Addison. 

Cavalier  Covmty — Hannah,  Maida,  Beaulieu,  Alma,  Easby,  Elkwood,  Gertrude, 
Milton,  Mona,  Olga,  Osnabooch,  Ridgefield,  Romfo,  Langdon,  Mount  Carmel, 
Woodridge,  Vang,  Soper,  Byron,  Ellerton,  Stilwell. 

Grand  Forks  County — Arvilla,  Belleville,  Gilby,  Grand  Forks,  Inkster,  Johns- 
ton, Larimore,  Manvel,  McCanna,  Niagara,  Northwood,  Ojata,  Reynolds,  Thomp- 
son, Turtle  River,  Walle,  Ori,  Emerado,  Holmes,  Merrifield,  Kempton,  Mekinock, 
Bean,  Cable,  Kellys. 


OSOAR  SHERMAN  GIFFDRD 

Pioneer    of    Lincoln    County.     Delegate    to 

Congress  from  1885  to  1889 


HISTORY  OF  NORTH  DAKOTA  381 

Emmons  County — Buchanan,  Eminonsburg,  Gayton,  Glencoe,  Livona,  Roop, 
VVilliamsport,  Winchester,  Winona,  Omio,  Armstrong,  Exeter,  Danbury,  West- 
held,  Hampton,  Hull. 

Foster  County — Barlow,  Carrington,  Larrabee,  Melville,  Glenfield. 

Dickey  County — Ellendale,  Lorraine,  Ludden,  Merricourt,  Wright,  Yorktown, 
Monango,  Oakes,  Glover,  Guelph,  Hillsdale,  Silverleaf,  Clement,  Westboro,  Ful- 
lerton,  Boynton. 

Eddy  County — New  Rock  ford,  Tiffany,  Morris,  Sheyenne. 

Griggs  County — Cooperstown,  Gallatin,  Jessie,  Helena,  Ottawa,  Romness, 
Hannaford. 

Garfield  County — Fort  Berthold. 

Kidder  County — Dawson,  McGuire,  Steele,  Tappen,  Langedahl. 

Lamoure  County — Dickey,  Grand  Rapids,  La  Moure,  Russell,  Litchville, 
Medbery,  Griswold,  Verona,  Edgeley,  Adrian,  Newburg. 

Logan  County — Napoleon,  Steidl,  King. 

McHenry  County — Pendroy,  Villard,  Mouse  River,  Towner,  Wines,  Ely, 
Granville. 

Mcintosh  County — Coldwater,  Youngstown,  Jewell,  Ashley. 

AIcLean  County — Coal'  Harbor,  Conkling,  Ingersoll,  Washburn,  Weller.  Fal- 
coner, Turtle  Lake,  Hancock. 

Mercer  County — Causey,  Slaton,  Stanton,  Hazen,  Deapolis,  Krem. 

Morton  County — Fort  Abraham  Lincoln,  Glen  LHlin,  Mandan,  New  Salem, 
Sims,  Hebron,  Sweet  Briar,  Kurtz,  Cannon  Ball. 

Nelson  County — Adler,  Aneta,  Baconville,  Bue,  Crosier,  Ilarrisburgh,  Lakota, 
Lee,  Mapes,  Michigan,  Ottofy,  Petersburg,  McVille,  Ruby,  Sogn. 

Olive  County — Hensler,  Sanger,  Harmon,  Klein. 

Pembina  County — Bathgate.  Bay  Center,  Carlisle,  Cavalier,  Crystal,  Drayton, 
Ernest,  Gardar,  Hallson,  Hamilton,  Hyde  Park,  Joliette,  McConnell,  Mountain, 
Neche,  Pembina,  Pittsburgh,  Saint  Thomas,  Tyner,  Walhalla,  Nowesta,  Stlkes- 
ville,  Mugford,  Welford,  Glasston,  Eyford,  Prattford,  Shepard,  The.xton,  Leroy, 
Backoo,  Hensel,  Bowesmont. 

Ramsey  County — Bartlett,  Crary,  De  Groat,  Devils  Lake,  Grand  Harbor, 
Jerusalem,  Locke,  Jackson.  Church,  Kildahl.  Starkweather,  Churchs  Ferry,  Scha- 
pera,  Rutten,  Fox  Lake,  Penn. 

Ransom  County — Bonnersville,  Buttzville,  Elliott,  Englevale,  Fort  Ransom, 
Lisbon,  Owego,  Plymouth,  Scoville,  Sheldon,  Shenford. 

Richland  County — Barnes,  Christine,  Colfax,  Dwight,  Fairmount,  Fort  Aber- 
crombie,  Kougsberg,  Mooreton,  Wahpeton,  Walcott,  Wyndmere,  Kloeppel,  Power, 
Farmington,  Hankinson,  Lidgerwood,  Seymour,  Great  Bend,  De  Villo. 

Rolette  County — Dunseith,  Island  Lake,  Saint  Johns,  Laureat,  Belcourt,  Bol- 
linger, Twala,  Rolla. 

Sargent  County — Brampton,  Forman,  Hamlin,  Milnor,  Ransom,  Sargent, 
Tewaukon,  Verner,  Nicholson,  De  Lamere,  Rutland,  Harlem,  Havana,  Straub- 
ville.  Cayuga,  Genesee,  Mohler. 

Stark  County — Dickinson,  Gladstone,  Richardton,  Taylor,  Antelope,  Belfield, 
South  Heart. 

Steele  County — Bellevyria,  Colgate,  Hope,  Pickert,  Golden  Lake,  Sherbrooke, 
Mardell,  Sharon. 


382  HISTORY  OF  NORTH  DAKOTA 

Stevens  County — Fort  Stevens. 

Stutsman  County — Atwill,  Corinne,  Eldridge,  Esler,  Gray,  Jamestown,  Pin- 
gree,  Spiritwood,  Windsor,  Ypsilanti,  Albion,  Edmunds,  Montpelier,  Horn,  Shar- 
low,  Rio,  Arrowwood,  Medina,  Karlopolis. 

Towner  County — Cando,  Coolin,  Snyder,  Cecil,  Sidney,  Pieton,  Gleason,  Han- 
son, Perth. 

Traill  County — Bellmont,  Blanchard,  Buxton,  Caledonia,  Clifford,  Cumings, 
Galesburg,  Hague,  Hatton,  Hillsboro,  Kelso,  Mayville,  Portland,  Ouincy,  Weible. 

Ward  County — Burlington,  Saint  Carl,  Minot,  Des  Lacs,  Logan,  Lone  Tree, 
Echo,  McKinney. 

Walsh  County — Acton,  Ardoch,  Auburn,  Conway,  Edinburgh,  Forest  River, 
Gait,  Grafton,  Latona,  Medford,  Minto,  Park  River,  Praha,  Richmond.  Saint 
Andrew,  Silvista,  Vesta,  Walshville,  Lambert,  Kinloss,  Tomey,  Pisek,  CasheL 
Voss. 

Wells  County — Sykeston,  Oshkosh. 

Pierce  County — Denney,  Hurricane  Lake. 

Hettinger  County — New  England  City. 

Renville  County — Joslyn,  McKinney. 

Dunn  County — Oakdale. 


CHAPTER  XXV 

THE  NORTH  DAKOTA  CONSTITUTIONAL  CONVENTION- 
ENABLING  ACT 

The  admission  of  a  state  to  the  Union  has  in  some  instances  been  decided 
by  Congress  upon  poHtical  considerations.  The  right  to  admission  when  a  ter- 
ritory has  sufficient  population  and  material  resources  to  support  a  state  govern- 
ment did  not  weigh  with  Congress  as  much  as  the  political  advantage  to  the 
party  then  in  control  of  the  National  Government. 

To  illustrate :  when  Virginia  passed  an  ordinance  of  secession,  the  people 
living  in  the  mountains  in  the  western  portion  repudiated  secession  and  loyally 
adhered  to  the  Union.  Congress  rewarded  them  by  creating  the  State  of  West 
Virginia  and  admitted  it  to  the  sisterhood  of  states.  The  vote  of  an  additional 
state  was  required  to  ratify  the  thirteenth  amendment  abolishing  slavery  through- 
out the  Union,  and  Congress  carved  out  Nevada  from  California  and  admitted 
it  as  a  state,  and  it  cast  the  needed  vote.  The  thirteenth  amendment  was  ratified 
and  slavery  was  forever  abolished  in  the  United  States. 

In  recent  years  an  enabling  act  has,  however,  been  deemed  an  essential 
prerequisite  to  admission.  It  is  the  general  rule,  and  Congress  has  jealously 
guarded  it.  It  has  held  that  no  inherent  right  existed  in  the  people  of  a  ter-' 
ritory  to  form  a  constitution  and  apply  for  admission  to  the  Union  without  its 
consent,  consequently  it  refused  to  recognize  the  constitution  adopted  by  the 
people  of  South  Dakota,  prior  to  the  enactment  of  the  omnibus  bill,  approved 
February  22,  1889. 

States  can  change  their  constitutions  independently  of  Congress,  but  such 
constitution  must  conform  to  the  requisite  compact,  and  establish  a  government, 
republican  in  form  and  consistent  with  the  national  constitution. 

The  omnibus  bill,  which  was  the  enabling  act  for  the  Dakotas,  Montana  and 
Washington,  prescribed  that  the  area  in  the  Territory  of  Dakota  should  be 
"Divided  on  the  line  of  the  seventh  standard  parallel  projected  due  west  to  the 
western  boimdary  of  said  territory." 

The  area  lying  north  of  this  line  to  the  boundary  of  Manitoba,  Canada,  tO' 
constitute  the  State  or  Territory  of  North  Dakota,  as  might  be  determined  by 
the  inhabitants  of  this  area,  who  were  qualified  voters  of  the  Territory  of 
Dakota.  It  further  prescribed  that  this  area  should  be  apportioned  into  twenty- 
five  districts,  three  delegates  to  a  constitutional  convention  to  be  elected  from 
each  district  by  the  qualified  voters  of  the  district,  but  "no  elector  shall  vote  for 
more  than  two  persons  for  delegates  to  such  convention."  The  governor,  chief 
justice  and  secretary  of  the  territory  were  to  designate  the  districts  in  proportion 
to  the  population,  as  near  as  practicable  "from  the  best  information  obtainable."' 

383 


384  HISTORY  OF  NORTH  DAKOTA 

The  territorial  Legislature  of  1885  by  law  authorized  the  taking  of  the 
decennial  census  under  the  provision  of  the  Federal  census  law,  which  provided 
that  any  state  or  territory  could  take  a  census  of  its  inhabitants  at  the  expense 
of  the  Federal  Government  at  the  end  of  five  years  from  the  last  preceding 
census,  the  census  when  completed  to  be  transmitted  to  the  National  Census 
Bureau,  to  be  compiled  and  published  by  counties. 

The  territorial  Legislature  divided  the  territory  into  two  districts ;  one  dis- 
trict comprised  the  area  of  North  Dakota,  the  other  the  area  of  South  Dakota. 
This  census  was  the  basis  of  the  districts  from  which  delegates  were  chosen. 

Upon  the  formation  'of  such  districts,  the  governor  of  the  territory  was 
authorized  to  proclaim  an  election  to  be  held  on  Tuesday  after  the  second  ]\Ionday 
in  May  to  choose  the  delegates  to  a  constitutional  convention,  to  be  held  at 
Bismarck,  then  the  capital  of  the  territory,  on  July  4,  1889,  to  "Form  a  consti- 
tution and  State  Government  for  a  State  to  be  known  as  North  Dakota." 

It  was  a  condition  precedent  before  the  formation  of  the  constitution  "that 
the  convention  should  declare  on  behalf  of  the  people  of  the  proposed  state  that 
they  adopted  the  Constitution  of  the  L'nited  States."  The  constitution  framed 
was  to  be  "Republican  in  form,  making  no  distinction  in  civil  or  political  rights 
on  account  of  race  or  color,  except  as  to  Indians  not  taxed,  and  be  not  repugnant 
to  the  Constitution  of  the  United  States  and  the  principles  of  the  Declaration  of 
Independence." 

The  convention  was  required  to  provide  in  the  constitution  by  "ordinance 
irrevocable  without  the  consent  of  the  United  States  and  the  people  of  the  pros- 
pective state,"  to  secure  perfect  toleration  of  religious  sentiment,  and  that  no 
inhabitant  of  the  future  state  should  be  molested  in  person,  nor  deprived  of  his 
property  on  account  of  his  mode  of  religious  worship;  to  disclaim  any  right  or 
title  in  any  of  the  unappropriated  public  lands,  or  to  any  lands  within  the  con- 
fines of  any  Indian  or  military  reservation.  These  lands  to  remain  within  the 
exclusive  jurisdiction  and  control  of  the  United  States :  that  lands  of  non-resi- 
dents should  not  be  taxed  at  a  higher  rate  than  lands  belonging  to  residents  ;  that 
no  taxes  be  imposed  upon  lands  or  property  belonging  to  the  United  States,  or 
that  might  thereafter  be  purchased,  or  reserved  for  its  use ;  that  the  debts  and 
liabilities  of  the  territory  shall  be  assumed  and  paid  by  the  states;  that  provision 
be  made  for  the  establishment  and  maintenance  of  a  system  of  public  schools 
open  to  all  the  children  of  the  state,  and  free  from  sectarian  control." 

In  accordance  with  the  provisions  of  the  enabling  act  the  following  persons 
who  had  been  elected  delegates  at  the  election  held  in  May,  1889,  pursuant  to 
the  call  of  the  governor  on  the  15th  day  of  April,  1889,  assembled  at  Bismarck 
on  the  4th  day  of  July,  1889,  at  noon. 

MEMBERS    ,\XD    OFFICERS    OF    THE    NORTH    D.\KOT.\    COXSTITUTIONAL    CONVENTION, 

1889 

R — republican  :  D — democrat. 

Allin,  Roger,  R.,  Walsh  County ;  postoffice,  Grafton ;  occupation,  farmer ; 
born  Dec.  18,  1848. 

.\lmen,  John  Magnus.  R. ;  Walsh  County ;  postofifice,  Grafton  :  occupation, 
farmer;  born  April  13,  1850. 


IK\  IX  HOTEL.  KEXilAKE 


HISTORY  OF  NORTtI  DAKOTA  385 

Appleton,  Albert  Francis,  D. ;  Pembina  County ;  postoffice,  Crystal ;  occupa- 
tion, farmer;  born  Jan.  14,  1850. 

iiean,  Therow   W.,  R. ;   Nelson  County;  postoffice,  Michigan  City;  occupa- 
tion, lawyer;  born  Oct.  17,  1859. 

Bell,  James,  D. ;  Walsh  County;  postoffice,  Minto;  occupation,  farmer;  born 
Aug.  24,  1850. 

Bennett,  Richard,  R. ;  Grand  Forks  County;  postoffice.  Grand  Forks;  occu- 
pation, lawyer;  born  Dec.  4,  1851. 

Bartlett  Lorenzo  D.,  D. ;  Dickey  County;  postoffice,   Ellendale ;  occupation, 
farmer;  born  Oct.  19,  1829. 

Bartlett,    David,    R. ;    Griggs    County;    postoffice,    Cooperstown ;    occupation, 
lawyer;  born  Oct.  23,  1855. 

Best,  William  D.,  D. ;  Pembina  County;  postoffice.  Bay  Centre;  occupation, 
farmer;  born  Aug.  23,  1853. 

Brown,    Charles    V.,    R. ;    Wells    County;    postoffice,    Sykeston ;    occupation, 
publisher ;  born  Nov.  28,  1859. 

Blewett,  Andrew,  D. ;  Stutsman  County ;  postoffice,  Jamestown ;  occupation, 
merchant;  born  Sept.  13,  1857. 

Budge,  William,  R. ;  Grand  Forks  County ;  postoffice.  Grand  Forks ;  occupa- 
tion, merchant;  born  Oct.   11,  1852. 

Camp,    Edgar    Whittlesey,    R. ;    Stutsman    County;    postoffice,    Jamestown; 
occupation,  lawyer ;  born  Feb.  27,  i860. 

Chaflfee,   Eben  Whitney,   R. ;   Cass  County ;   postoffice,  Amenia ;  occupation, 
farmer;  born  Jan.  19,  1824. 

Garland,  John  Emmet,  D. ;  Burleigh  County ;  postoffice,  Bismarck ;  occupa- 
tion, lawyer;  born  Dec.   11,   1854. 

Carothers,  Charles,  R. ;  Grand  Forks  County ;  postoffice,  Emerado ;  occupa- 
tion, farmer;  born  Aug.  22,  1863. 

Clark.  Horace  M.,  R. ;  Eddy  County;  postoffice,  New  Rockford;  occupation, 
farmer ;  bom  Sept.  6,  1850. 

Clapp,   William   J.,    R. ;   Cass    County ;   postoffice.   Tower   City ;   occupation, 
lawyer;  born  Nov.  28,  1857. 

Colton,   Joseph   L.,    R. ;    Ward    County ;    postoffice,    Burlington ;   occupation, 
merchant;  born  March  24,  1840. 

Douglas,  James  A.,  D. ;  Walsh  County;  postoffice.  Park  River;  occupation, 
farmer;  born  Feb.  13,  1847. 

Elliott,  Elmer  E.,  R. ;  Barnes  County ;  postoffice,  Sanborn ;  occupation,  mer- 
chant;  bom  Dec.  25,  1861. 

Fancher,  Frederick  B..  R. ;  Stutsman  County:  postoffice,  Jamestown;  occu- 
pation,  farmer;  born  April  2,   1852. 

Fay,    George    H.,    R. ;    Mcintosh    County ;    postoffice,    Ashley ;    occupation, 
lawyer ;  born  Feb.  24,  1842. 

Flemington,  Alexander  D.,  R. ;  Dickey  County ;  postoffice,  Ellendale ;  occu- 
pation, lawyer;  born  April  7,  1856. 

Gayton,  James  Bennett,  R. ;  Emmons  County ;  postoffice,  Hampton ;  occupa- 
tion, farmer;  born  Nov.   10,  1833. 

Click,  Benjamin  Rush.  D. ;  Cavalier  County ;  postoffice,  Langdon ;  occupation, 
merchant;  born  March  29,  1856. 

Vol.  1—25 


386  HISTORY  OF  NORTH  DAKOTA 

Gray,  Enos,  D. ;  Cass  County;  postoffice,  Embden ;  occupation,  farmer; 
born  Feb.  4,  1829. 

Griggs,  Alexander,  D. ;  Grand  Forks  County;  postoffice,  Grand  Forks;  occu- 
pation, banker;  born  Oct.  27,  1838. 

Haugen,  Arne  P.,  R. ;  Grand  Forks  County;  postoffice,  Reynolds;  occupation, 
farmer;  born  June  7,  1845. 

Hegge,  Marthinus  F.,  D. ;  Traill  County ;  postoffice,  Hatton ;  occupation, 
merchant;  born  Nov.  27,  1856. 

Holmes,  Herbert  L.,  R. ;  Pembina  County;  postoffice,  Neche;  occupation, 
banker;  born  May  29,  1853. 

Harris,  Harvey,  R. ;  Burleigh  County ;  postoffice,  Bismarck ;  occupation,  real 
estate;  born  Dec.   12,  1852. 

Hoyt,  Albert  W.,  R. ;  Morton  County ;  postoffice,  Mandan ;  occupation,  real 
estate ;  born  July  5,  1846. 

Johnson,  Martin  N.,  R. ;  Nelson  County ;  postoffice,  Lakota ;  occupation,  law- 
yer; born  March  3,  1850. 

Lauder,  William  S.,  R. ;  Richland  County ;  postoffice,  Wahpeton ;  occupation, 
lawyer;  bom  Feb.  9,  1856. 

Leech,  Addison,  R. ;  Cass  County ;  postoffice,  Davenport ;  occupation,  farmer ; 
born  Feb.  20,  1824. 

Lowell,  Jacob,  D. ;  Cass  County ;  postoffice,  Fargo ;  occupation,  lawyer ;  bom 
May  7,  1843. 

Linwell,  Martin  V..  R. ;  Grand  Forks  County;  postoffice,  Northwood ;  occu- 
pation, lawyer;  bom  April  2,  1857. 

Lohnes,  Edward  H.,  R. ;  Ramsey  County;  postoffice.  Devils  Lake;  occupa- 
tion, farmer;  born  April  22,  1844. 

Marrinan,  Michael  Kenyon,  D. ;  Walsh  County;  postoffice,  Grafton;  occupa- 
tion, lawyer;  bom  Nov.  4,  1853. 

Mathews,  James  H.,  R. ;  Grand  Forks  County;  postoffice,  Larimore ;  occupa- 
tion, farmer;  born  Oct.  10,  1846. 

Meacham,  Olney  G.,  R. ;  Foster  County ;  postoffice,  Carrington  ;  occupation, 
banker:  born  April  12,  1847. 

McBride,  John,  D. ;  Cavalier  County ;  postoffice.  Alma ;  occupation,  farmer ; 
born  May  22,  1850. 

Miller,  Henry  Foster,  R. ;  Cass  County ;  postoffice,  Fargo ;  occupation,  law- 
yer; born  Sept.  13,  1846. 

Moer,  Samuel  H.,  R. ;  Lamoure  County ;  postoffice,  LaMoure ;  occupation, 
lawyer:  born  June  21,  1856. 

McKenzie,  James  D.,  R. ;  Sargent  County;  postoffice,  Milnor;  occupation,, 
doctor;  born  March  28,  1840. 

McHugh,  Patrick,  R. ;  Cavalier  County;  postoffice,  Langdon;  occupation, 
banker;  born  Sept.  23,  1846. 

Noble,  Virgil  B.,  D. ;  Bottineau  County;  postoffice,  Bottineau;  occupation, 
lawyer:  bom  Dec.  7,  1859. 

Nomland,  Knud  J.,  R. ;  Traill  County ;  postoffice,  Caledonia ;  occupation, 
farmer;  born  Oct.  16,  1852. 

O'Brien,  James  F..  D. ;  Ramsey  County;  postoffice.  Devils  Lake;  occupation, 
lawyer;  born  July  6,  1853. 


POSTOFFICE,  MI  NOT 


HISTORY  OF  NORTH  DAKOTA  387 

Parsons,  Curtis  P.,  R. ;  Rolette  County ;  postoffice,  Rolla ;  occupation,  pub-, 
lisher;  born  May  6,  1853. 

Parsons,  Albert  Samuel,  R. ;  Morton  County ;  postoffice,  Mandan ;  occupa-^ 
tion,  railroading;  born  Aug.  16,  1856. 

Paulson,  Engebret  M.,  R. ;  Traill  County ;  postoffice.  May  ville ;  occupation, 
farmer;  born  May  15,  1855. 

Peterson,  Henry  M.,  R. ;  Cass  County ;  postoffice,  Horace ;  occupation, 
farmer;  born  July  11,  1857. 

Pollock,  Robert  M.,  R. ;  Cass  County ;  postoffice,  Casselton ;  occupation,  law- 
yer; bom  Dec.  16,  1854. 

Powers,  John,  D. ;  Sargent  County;  postoffice,  Havana;  occupation,  farmer; 
born  Nov.  4,  1852. 

Powles,  Joseph,  R. ;  Cavalier  County ;  postoffice,  Milton ;  occupation,  farmer ; 
born  Dec.  6,  1850. 

Purcell,  William  E.,  D. ;  Richland  County;  postoffice,  Wahpeton;  occupation, 
lawyer;  born  Aug.  3,  1858. 

Ray,  William,  D. ;  Stark  County ;  postoffice,  Dickinson ;  occupation,  real 
estate;  born  Sept.  — ,  1852. 

Richardson,  Robert  B.,  R. ;  Pembina  County ;  postoffice,  Drayton ;  occupation, 
farmer;  born  April  20,  1840. 

Robertson,  Alexander  D.,  R. ;  Walsh  County;  postoffice,  Minto;  occupation, 
merchant;  born  July  27,  1833. 

Rolfe,  Eugene  Strong,  R. ;  Benson  County ;  postoffice,  Minnewaukan ;  occu- 
pation, lawyer;  born  Dec.  15,  1854. 

Rowe,  William  H.,  R. ;  Dickey  County ;  postoffice,  Monango ;  occupation, 
merchant;  born  Oct.  26,  1853. 

Sandager,  Andrew,  R. ;  Ransom  County  ;  postoffice,  Lisbon  ;  occupation,  mer- 
chant;  bom  Oct.  31,  1862. 

Shuman,  John,  R. ;  Sargent  County;  postoffice,  Rutland;  occupation,  farmer; 
born  July  13,  1836. 

Scott,  John  W.,  R. ;  Barnes  County ;  postoffice.  Valley  City ;  occupation,  law- 
yer; born  March  13,  1858. 

Selby,  John  F.,  R. ;  Traill  County;  postoffice,  Hillsboro ;  occupation,  lawyer; 
born  Dec.  24,  1849. 

Slotten,  Andrew,  R. ;  Richland  County ;  postoffice,  Wahpeton ;  occupation, 
farmer;  bom  Sept.  16,  1840. 

Spalding,  Burleigh  Folsom,  R. ;  Cass  County ;  postoffice,  Fargo ;  occupation, 
lawyer;  born  Dec.  3,  1853. 

Stevens,  Reuben  N.,  R. ;  Ransom  County;  postoffice,  Lisbon;  occupation, 
lawyer;  born  Aug.   10,  1853. 

Turner,  Ezra,  R. ;  Bottineau  County;  postoffice,  Bottineau;  occupation, 
farmer;  bom  Dec.  17,  1835. 

Wallace,  Elmer  D.,  R. ;  Steele  County;  postoffice,  Hope;  occupation,  farmer; 
born  July  5,  1844. 

Whipple,  Abram  Olin,  R. ;  Ramsey  County ;  postoffice.  Devils  Lake ;  occupa- 
tion, banker;  bom  April  i,  1845. 

Wellwood,  Jay,  R. ;  Barnes  County;  postoffice,  Minnie  Lake;  occupation, 
farmer;  born  Nov.  11,  1858. 


388  HISTORY  OF  NORTH  DAKOTA 

Williams,  Erastus  A.,  R. ;  Burleigh  County ;  postoffice,  Bismarck ;  occupation, 
lawyer;  born  Oct.  13,  185 1. 

OFFICERS 

Frank  B.  Fancher,  president ;  Stutsman  County ;  postoffice,  Jamestown. 
John  G.  Hamilton,  chief  clerk ;  Grand  Forks  County  ;  postoffice.  Grand  Forks. 
C.  C.  Bowsfield,  enrolling  and  engrossing  clerk ;  Dickey  County ;  postoffice, 
Ellendale. 

Fred  Falley,  sergeant-at-arms ;  Richland  County ;  postoffice,  Wahpeton. 

J.  S.  Weiser,  watchman ;  Barnes  County ;  postoffice,  \'alley  City. 

E.  W.  Knight,  messenger ;  Cass  County ;  postoffice,  Fargo. 

Geo.  Kline,  chaplain ;  Burleigh  County ;  postoffice,  Bismarck. 

R.  M.  Tattle,  official  stenographer;  ^lorton  County;  postoffice,  Alandan. 

POLITICAL   COMPLEXION    AND    NATIVITY' 

Republicans,  56;  democrats,  19.  Born  in  United  States,  52 — Wisconsin,  13; 
New  York,  10:  Iowa,  5;  Ohio,  4;  Maine,  3;  Pennsylvania,  3:  Illinois.  2;  Con- 
necticut, 2  ;  Indiana,  2  ;  Minnesota,  2  ;  Vermont,  2  :  Massachusetts,  i  ;  New  Flamp- 
shire,  i;  New  Jersey,  i  ;  Michigan,  i.  Born  in  other  countries,  23 — Canada,  9; 
Norway  and  Sweden,  5  ;  England,  3  :  Scotland.  3  ;  Ireland,  2;  New  Brunswick,  i. 
Ancestry — American,  22;  English,  15;  Irish,  12:  Norwegian,  Scandinavian  and 
Swede,  10;  Scotch,  6;  Irish  and  Scotch,  3:  Scotch-American.  2;  Scotch  and 
Danish,  i  :  English-German,  i  ;  Dutch,  i  ;  German-Irish,  i  ;  Irish  and  Welsh,  i. 

ORGANIZ.\TION 

They  organized  the  convention  by  the  election  of  Frederick  B.  Fancher,  of 
Jamestown,  as  president,  and  John  G.  Hamilton,  of  Grand  Forks,  as  chief  clerk, 
and  proceeded  to  frame  the  constitution  of  the  state  in  conformity  with  the 
conditions  and   restrictions   imposed  by  the   enabling  act. 

It  is  an  interesting  and  notable  fact  that  forty-five  of  the  seventy-five  dele- 
gates were  elected  from  the  Red  River  \'alley  counties  and  counties  immediately 
adjacent  thereto.  Twenty-six  between  the  valley  counties  and  east  of  the  I\Iis- 
souri  River,  and  nineteen  from  the  vast  area  west  of  the  Missouri  River. 

The  delegates  were  representative  men  of  the  professions  and  of  the  agricul- 
tural and  varied  business  interests  of  North  Dakota.  One-third  were  lawyers, 
prominent  in  their  profession,  well  versed  in  the  fundamental  principles  of  a 
republican  form  of  government  and  admirably  equipped  for  the  work  of  framing 
a  constitution  adapted  to  promote  the  welfare  of  an  agricultural  state. 

The  delegates  chosen  at  the  election  in  May  assembled  at  the  hall  of  the 
House  of  Representatives  in  the  capitol  of  the  territory  and  were  called  to  order 
by  Luther  B.  Richardson,  then  secretary  of  the  territory,  who  acted  as  chairman 
until  the  election  of  a  temporar)'"  chairman.  The  choice  of  the  convention  for 
this  honor  was  Frederick  B.  Fancher,  of  Jamestown.  John  A.  Rea.  of  liismarck, 
was  selected  as  temporary  secretary,  and  Robert  M.  Tuttle,  of  Mandan,  as  tem- 
porary stenographer. 


HISTORY  OF  NORTH  DAKOTA  389 

No  roll  or  roster  of  the  delegates-elect  had  been  prepared  by  the  secretary 
of  the  territory  and  the  temporary  chairman  appointed  a  committee  of  three  to 
whom  was  referred  the  credentials  of  delegates  present.  William  H.  Rowe,  of 
Dickey  County,  was  chairman  of  this  committee.  A  committee  of  ten  was 
appointed  on  procedure  and  permanent  organization,  R.  N.  Stevens,  of  Ransom 
County,  being  made  chairman  thereof.  The  committee  on  credentials  prepared 
a  roll  of  the  delegates  elected  and  reported  it  to  the  convention  on  July  5th. 
There  were  no  contests  and  no  objections  filed  from  any  district.  The  report 
was  adopted. 

Patrick  McHugh,  a  delegate  from  Cavalier  County,  suggested  that  it  was 
necessary  that  an  oath  of  office  should  be  taken  by  the  delegates.  The  necessity 
and  propriety  of  this  course  was  briefly  discussed.  The  delegates  were  not  civil 
officers  of  the  territory,  nor  of  the  United  States,  and  no  oath  was  prescribed  in 
the  emergency  act.  It  was  usual  and  customary,  however,  in  state  conventions 
called  to  prepare  a  new  constitution  for  the  state  to  "swear  in"  the  members 
thereof.  It  was  concluded  to  be  a  very  proper  proceeding,  and  an  oath  to  sup- 
port the  laws  of  the  United  States  in  preparing  a  constitution  for  the  proposed 
State  of  North  Dakota  was  administered  to  the  delegates  by  the  Hon.  Roderick 
Rose,  judge  of  the  Sixth  Judicial  District  and  an  associate  justice  of  the  Supreme 
Court  of  the  Territory  of  Dakota. 

The  delegates  caucused  in  the  forenoon  of  July  5th,  according  to  their  party 
affiliations,  and  agreed  upon  the  permanent  officers.  Frederick  B.  Fancher  was 
the  choice  of  the  republicans  for  president,  defeating  Martin  N.  Johnson  in  the 
caucus.  Judge  John  E.  Carland,  of  Bismarck,  was  the  choice  of  the  democrats. 
The  session  of  July  5th  was  presided  over  by  Martin  N.  Johnson.  It  partially 
completed  the  permanent  organization  by  the  election  of  Mr.  Fancher  over 
Mr.  Carland  by  a  vote  of  54  to  16,  three  republicans  and  one  democrat  being 
absent  and  not  voting.  On  motion  of  Mr.  Carland,  the  election  of  Mr.  Fancher 
was  made  unanimous. 

It  was  held  by  the  convention  that  the  committee  on  rules  and  methods  of 
procedure  appointed  in  the  temporary  organization  was  illegal,  for  the  reason 
that  a  temporary  organization  could  not  confer  authority  to  formulate  rules, 
that  such  authority  must  be  granted  by  the  permanent  organization,  and  on 
motion  the  president  appointed  a  committee  of  seven  on  rules  and  methods  of 
procedure,  and  Erastus  A.  Williams,  of  Bismarck,  was  named  as  chairman. 
Carland,  Stevens  and  Johnson,  all  versed  in  legislative  and  legal  procedure, 
were  members. 

On  July  8th,  the  convention  completed  its  permanent  organization  by  the  elec- 
tion of  John  G.  Hamilton  as  chief  clerk ;  Fred  Falley,  sergeant-at-arms ;  C.  C. 
Bowsfield,  enrolling  and  engrossing  clerk ;  Eben  W.  Knight,  messenger ;  George 
Wentz  of  Burleigh,  door-keeper;  Joel  S.  Weiser,  watchman;  R.  M.  Tuttle, 
stenographer;  George  Kline,  chaplain;  Arthur  Lind,  Harry  G.  Ward,  Charles 
Lauder  and  Charles  W.  Conroy,  pages.  President  Fancher  administered  the  oath 
of  office  to  these  officers  and  they  immediately  entered  upon  the  discharge  of  their 
duties.  Upon  the  perfection  of  the  permanent  organization  of  the  convention  a 
resolution  was  adopted — 

"That  we,  the  delegates  of  the  Constitutional  Convenion,  for  and  on  behalf 


390  HISTORY  OF  NORTH  DAKOTA 

of  the  people  of  the  proposed  State  of  North  Dakota,  hereby  declare  that  we 
adopt  the  Constitution  of  the  United  States." 

By  resolution  the  president  was  authorized  to  appoint  seven  members  to  act 
as  members  of  the  joint  commission  to  be  appointed  by  the  Constitutional  Con- 
ventions of  North  and  South  Dakota,  for  the  purpose  of  making  an  equitable  divi- 
sion of  all  property  belonging  to  the  Territory  of  Dakota,  and  to  choose  and  agree 
upon  the  amounts  of  the  debts  and  liabilities  which  should  be  assumed  and  paid 
by  each  of  the  proposed  states  of  North  and  South  Dakota,  and  authorized  the 
commission  to  employ  such  clerical  assistance  in  the  performance  of  their  duties 
as  they  deemed  necessary,  and  also  granted  leave  to  the  commission  to  sit  during 
the  sessions  of  the  Constitutional  Convention.  This  joint  commission  was 
required  by  the  Enabling  Act. 

The  Committee  on  Rules  and  Methods  of  Procedure  reported  on  July  8th  a 
code  of  forty-five  rules  for  the  government  of  the  convention.  The  rules  provided 
for  the  appointment  by  the  president  of  twenty-three  standing  committees  on 
printing,  reporting  and  publishing,  accounts  and  expenses,  preamble  and  declara- 
tion of  rights,  legislative  department,  executive  department,  judicial  department, 
elective  franchise,  education,  public  institutions  and  buildings,  public  debt  and 
public  works,  militia,  county  and  township  organization,  apportionment  and  repre- 
sentation, revenue  and  taxation,  municipal  corporations,  corporations  other  than 
municipal,  temperance,  revision  and  adjustment,  impeachment  and  removal  from 
ofifice,  and  a  committee  of  the  whole.  The  rtiles  provided  for  open  sessions  daily, 
except  Sundays,  at  2  o'clock,  until  otherwise  ordered  by  the  convention,  and  no 
standing  committee  could  sit  during  the  sitting  of  the  convention,  without  leave 
of  the  convention.  The  report  was  considered  in  the  committee  of  the  whole. 
Proposed  amendments  to  add  a  committee  on  homesteads  and  exemptions,  amend- 
ment and  revision  of  the  constitution,  and  on  railroads,  were  defeated  in  the  com- 
mittee of  the  whole. 

An  amendment  was  proposed  inserting  in  rule  one  the  words  "when  prayer 
shall  be  offered  by  the  chaplain,"  and  the  committee  of  the  whole  recommended 
the  adoption  of  the  report  when  so  amended.  The  convention  concurred  in  this 
amendment  and  adopted  the  report. 

The  method  of  procedure  prescribed  by  the  rules  was  that  every  article  pro- 
posed to  be  incorporated  into  the  constitution  was  to  be  in  writing  and  introduced 
by  an  accredited  delegate  in  open  convention.  It  was  known  as  a  file  to  distinguish 
it  from  a  bill,  the  usual  name  employed  in  legislative  assemblies.  Each  file  to  be 
read  three  separate  times,  the  second  and  third  times  not  to  be  on  the  same  day. 
The  files  to  be  printed  and  referred  by  the  president,  at  the  second  reading,  to  the 
appropriate  committee.  When  reported  by  this  committee  they  were  to  be  con- 
sidered in  the  committee  of  the  whole.  If  recommended  for  adoption  by  this 
committee,  they  were  read  the  third  time  in  the  convention,  and  if  approved  by  a 
majority,  they  were  referred  to  the  committee  on  adjustment  and  revision,  which 
committee  was  empowered  to  classify  and  arrange  the  files  under  an  appropriate 
subdivision,  to  reconcile  conflicting  sections,  to  perfect  the  phraseology,  and 
eliminate  duplications  and  submit  a  constitution  made  up  of  the  files  approved  by 
the  convention  for  its  final  action.  By  this  method  every  proposition  was  carefully 
investigated  and  the  delegates  were  enabled  to  vote  understandingly. 


Aiulitiiriuiu 
\Yest    wing  Iiulustiial    Arts    Biiilcliiig 

East  wing  and  main  Imilding 
Bird's-eye  view  of  the  campus  East  wing  and  entrance 

State  dormitories 


VALLEY  CITY  STATE  XDKMAL  BUILDTXCiS 


HISTORY  OF  NORTH  DAKOTA  391 


COMMITTEE   OF   THE   WHOLE 


The  committee  of  the  whole  is  a  legislative  fiction.  It  differs  from  a  standing 
committee  in  that  it  is  composed  of  the  entire  body.  It  has  no  permanent  chair- 
man or  clerk,  though  usually  the  chief  clerk  of  the  body  keeps  the  record  of  its 
proceedings  and  any  amendments  to  the  subject  matter  under  consideration  are 
embodied  in  the  report  of  the  chairman  and  such  report  is  printed  in  the  journal 
of  the  convention,  and  thereby  becomes  a  record  of  the  convention.  The  chairman 
of  the  committee  is  selected  from  the  membership  of  the  body  by  the  presiding 
officer,  though  the  body  itself  may  designate  the  permanent  president  to  act  as 
chairman.  This  rule  obtains  in  the  United  States  Senate,  where  the  vice  presi- 
dent or  the  president  pro  tern,  presides  at  all  sessions,  whether  the  Senate  is  sitting 
as  a  Senate,  or  as  a  committee  of  the  whole.  This  committee  has  no  power  to 
enact  laws.  It  can  suggest  amendments  germane  to  the  subject  matter,  or  a  sub- 
stitute provision,  and  recommend  their  adoption.  It  is  within  its  province  also 
to  recommend  the  indefinite  postponement,  or  the  "laying  on  the  table,"  of  the 
matter  referred  to  it.  The  recommendation  for  indefinite  postponement,  or  to  lie 
on  the  table,  is  generally  employed  when  the  committee  is  unfavorable  to  the  laws 
proposed,  as  a  "viva  voce"  vote  adopts  the  reports  and  defeats  the  measure,  while 
a  recommendation  that  the  bill  or  article  do  not  pass  "usually  requires  a  record 
vote  by  yeas  and  nays."  "The  authorities"  on  parliamentary  law  almost  unani- 
mously support  the  rule  that  reports  of  committees  of  the  whole  cannot  be 
amended  and  that  such  reports  must  be  adopted  or  rejected  as  an  entirety,  unless 
a  vote  is  reserved  on  a  separate  amendment,  but  concede  the  right  to  substitute 
new  matter  for  that  contained  in  the  report.  In  essence  and  el¥ect  a  "substitute" 
is  an  amendment  and  was  invented  to  overcome  the  strictness  of  the  rule  in  rela- 
tion to  amendments. 

The  highest  source  of  authority  on  parliamentary  procedure  in  the  United 
States  is  the  Congress.  The  question  on  the  adoption  of  amendments  recom- 
mended by  the  committee  of  the  whole  is  put  in  the  form,  "Shall  the  amendments 
proposed  be  agreed  to  or  adopted  'en  bloc,'  or  is  any  amendment  reserved  for  a 
separate  vote  ?"  In  the  Senate  the  form  is,  "The  Senate  has,  as  in  the  committee 
as  a  whole,  under  consideration  a  bill  (stating  its  title)  and  has  made  certain 
amendments  thereto ;  shall  the  amendm.ents  be  agreed  to  'en  masse,'  or  is  a  separate 
vote  demanded  on  any  amendment?" 

There  was  no  division  on  party  lines  in  the  convention  except  at  the  election 
of  its  president  by  a  straight  party  vote.  The  minority  were  given  representation 
on  all  committees  equal  to  their  proportion  of  the  whole  number  of  delegates,  and 
chairmanships  of  committees  were  distributed  in  the  same  proportion. 

DIVISION  OF  TERRITORI;\L  PROPERTY 

On  July  nth,  the  president  announced  the  standing  committees  and  named 
as  the  select  commission  to  adjust  the  liabilities  and  provide  for  an  equitable  divi- 
sion of  the  property  of  the  territory,  Edgar  W.  Camp,  of  Jamestown,  chairman ; 
William  E.  Purcell,  of  Wahpeton ;  Burleigh  F.  Spalding,  of  Fargo ;  Harvey 
Harris,  of  Bismarck;  Alexander  Griggs,  of  Grand  Forks;  John  W.  Scott,  of 
Valley  City,  and  Andrew  Sandager,  of  Lisbon — four  lawyers  and  three  business 
men. 


392  HISTORY  OF  NORTH  DAKOTA 

For  the  information  and  guidance  of  this  joint  commission  the  convention 
by  resohition  requested  the  auditor  for  the  territory  forthwith  to  prepare  and 
furnish  a  statement  showing : 

1.  The  cost  of  construction  and  repairs  of  all  public  buildings  and  institutions 
of  the  territory. 

2.  The  indebtedness  inctirred  and  otitstanding  against  the  same. 

3.  The  part  of  such  indebtedness  which  was  by  the  law  creating  them  to  be 
assumed  and  paid  by  the  states  of  North  and  South  Dakota,  respectively. 

4.  All  assets  and  liabilities  of  the  territory,  and  to  what  accotmts  belonging. 

5.  A  list  of  all  public  records,  archives  and  other  property  of  that  nature  now 
belonging  to  the  territory. 

6.  Any  other  information  useful  and  necessary  to  aid  this  committee  to  effect 
an  equitable  division  of  the  property,  assets  and  liabilities  of  the  territory. 

The  chief  clerk  was  ordered  to  have  the  omnibus  bill,  rules  of  the  convention, 
the  standing  and  select  committees,  printed  in  pamphlet  form  and  placed  upon 
the  desks  of  the  members.  The  convention  by  resolution  empowered  the  joint 
commission  to  temporarily  settle  and  fix  what  should  be  the  seventh  standard 
parallel,  until  such  time  as  the  true  line  should  be  ascertained. 

THE   WORK   OF  THE   CONVENTION 

On  July  1 2th,  and  four  days  after  perfecting  the  organization  of  the  conven- 
tion, Martin  N.  Johnson  introduced  the  first  proposed  article  of  the  constitution. 
It  related  to  "common  carriers"  and  is  known  on  the  records  as  file  number  one. 
It  was  read  twice  at  length  and  referred  to  its  appropriate  committee,  viz.,  "cor- 
porations other  than  municipal."  As  every  delegate  had  the  right  to  introduce 
proposed  articles,  a  total  of  140  files  were  offered  by  48  delegates  during  the 
life  of  the  convention,  of  which  118  files  can  be  classed  as  original  matter,  pre- 
pared by  the  delegates  from  the  constitutions  of  other  states.  Twenty-four  were 
substitutes  for  original  files  and  reported  from  the  standing  committees.  Two  were 
complete  constitutions,  and  one  was  for  the  equitable  distribution  of  the  assets  and 
property  of  the  territory  and  the  assumption  of  an  equitable  proportion  of  the 
debts  and  liabilities  of  the  same.  The  subject  matter  of  eleven  of  these  files 
related  to  the  regulation  of  the  liquor  traffic.  Seven  were  for  prohibition,  two 
for  license,  one  for  regulation  of  the  traffic  by  city  and  county  local  option,  and 
one  to  purchase  established  breweries  and  distilleries  and  thus  reimburse  the 
owners  for  property  rendered  useless.  Six  files  proposing  a  form  of  preamble, 
and  two  proposed  schemes  for  the  location  of  a  permanent  seat  of  government, 
but  generally  btit  one  file  was  offered  on  any  given  subject  and  was  usually  pre- 
sented by  a  delegate  who  was  a  member  of  the  committee  who  had  jurisdiction 
of  the  subject  matter  stated  in  the  file. 

On  July  i6th,  the  convention  adopted  a  resolution  offered  by  Mr.  Spalding 
that  no  proposed  articles  be  received  by  this  convention,  except  by  unanimous  con- 
sent, after  the  close  of  the  session  of  Monday,  July  22d,  but  this  limitation  should 
not  apply  to  reports  of  committees,  either  of  material  submitted  to,  or  originating 
with  them. 

It  also  adopted  a  resolution  asking  the  opinion  of  the  judiciary  committee  as 
to  the  power  of  the  convention  to  provide  for  the  taxation  of  the  road  bed  and 


HISTORY  OF  NORTH  DAKOTA  393 

rolling  stock  of  the  Northern  Pacific  Railroad,  which  was  by  its  charter  exempt 
from  taxation  in  the  territory,  and  indefinitely  postponed  a  resolution  offered  by 
Mr.  Lauder  that  a  select  committee  of  five  be  appointed  by  the  president  to  whom 
should  be  referred  all  questions  relating  to  the  "seat  of  government." 

The  work  of  framing  a  constitution  was  done  mainly  in  the  committees,  who 
devoted  the  forenoons  and  evenings  to  the  consideration  of  the  different  articles 
referred  to  them.  By  resolution  the  various  committees  were  empowered  to 
employ  such  clerical  assistance  as  they  deemed  necessary  and  directed  the  first 
legislative  assembly  to  make  an  appropriation  to  pay  such  clerks  such  an  amount 
as  should  be  certified  to  by  the  chief  clerk  and  president  of  the  convention.  Secre- 
tary Richardson,  who  was  custodian  of  the  appropriation  made  by  Congress  to 
pay  the  expenses  of  the  Constitutional  Convention,  holding  that  no  part  of  such 
appropriation  could  be  used  to  pay  clerks  of  committees. 

The  committee  of  county  and  township  organization  presented  the  first  report 
of  the  standing  committees  on  July  i6th,  and  the  judiciary  committee  submitted  a 
report  recommending  that  the  article  or  proposition  which  required  judges  of  the 
District  Court  to  take  and  submit  an  affidavit  that  no  cause  remains  in  his  court 
undecided  that  has  been  submitted  for  decision  for  the  period  of  ninety  days 
before  being  allowed  to  draw  or  receive  any  salary,  be  left  to  the  Legislature  to 
adopt  such  regulations  as  the  necessities  of  the  case  may  rec|uire.  This  report  was 
adopted.  It  recommended  a  substitute  for  the  "compact  with  the  United  States," 
outlined  in  file  three,  and  that  the  matter  of  the  non-sectarian  character  of  the 
public  schools  be  left  to  the  committee  on  education.  That  the  proposition  of  file 
eighteen,  "No  act  shall  embrace  more  than  one  subject,  which  shall  be  expressed 
in  its  title,"  should  constitute  a  section  under  the  head  of  the  legislative  depart- 
ment of  the  constitution,  and  that  file  eight,  providing  that  the  governor,  attorney- 
general  and  judges  of  the  Supreme  Court  shall  constitute  a  "Board  of  Pardons," 
be  referred  to  the  committee  on  the  executive  department. 

On  July  i8th,  Mr.  Camp  offered  a  resolution  providing  that  when  the  com- 
mittee of  the  whole  shall  have  recommended  that  any  proposition,  or  article,  be 
made  a  part  of  the  constitution,  such  proposition  or  article  shall  be  referred  to 
the  committee  on  revision  and  adjustment,  whose  duty  it  shall  be  to  arrange  such 
proposition  in  order,  and  revise  the  same  so  that  no  part  of  the  constitution  shall 
conflict,  and  to  report  a  constitution  embracing  all  articles  and  propositions  so 
referred  for  final  adoption  as  a  whole  by  the  constitution.  This  resolution  led  to 
an  instructive  and  protracted  debate,  participated  in  by  a  number  of  the  delegates, 
in  which  the  powers  and  duties  of  the  committee  were  clearly  defined,  and  the 
convention  with  a  clear  understanding  of  the  limited  power  of  the  committee 
adopted  the  resolution  without  amendment. 

The  resolution  was  reconsidered  on  the  following  day  and  amended  so  as  to 
provide  that  the  committee  report  a  constitution  for  "adoption  or  amendment, 
section  by  section,  by  the  convention  and  then  adopted  as  a  whole."  The  com- 
mittee was  instructed  by  a  vote  of  sixty-three  yeas  and  eight  nays  to  report  "every 
change  made  in  the  matter  referred  to  it." 

On  July  20th,  Mr.  Williams  introduced  a  complete  constitution,  known  as 
file  io6,  which  was  read  the  first  time  and  printed  in  the  Journal. 


394  HISTORY  OF  NORTH  DAKOTA 

THE  WILLIAMS  CONSTITUTION 

This  document  excited  much  speculation  and  comment,  not  so  much  as  to  the 
matter  contained  therein,  but  as  to  its  authorship.  It  was  excellently  arranged 
under  the  heads,  The  State,  The  People,  The  Government,  Alteration  of  the  Con- 
stitution, and  The  Schedule,  and  its  provisions  were  expressed  in  clear,  pertinent 
and  apt  language.  It  was,  as  one  newspaper  expressed  it,  "A  marvel  of  strength, 
sense  and  diction."  Many  of  its  provisions  were  incorporated  in  the  constitution 
framed  by  the  convention.  It  was  suspected  of  railroad  origin,  or  prepared  at  the 
cost  and  suggestion  of  the  cattle  barons  of  the  Missouri  slope.  Williams  dis- 
claimed its  authorship,  and  did  not  reveal  the  source  from  which  it  came,  nor  its 
author  beyond  the  statement  that  he  received  it  from  a  Bismarck  attorney,  and 
that  it  had  been  prepared  by  an  eastern  attorney.  Various  stories  of  its  authorship 
appeared  in  the  press,  among  them,  one  that  it  was  prepared  by  Senator  William 
M.  Evarts  of  New  York,  an  eminent  jurist,  with  the  assistance  of  some  of  the 
best  constitutional  lawyers  of  the  country.  The  Bismarck  Tribune  said  it  had 
received  enough  light  on  the  subject  to  suspect  that  this  story  was  not  far  from 
right.  Senator  Evarts  himself,  however,  said  that  the  Constitution  of  North 
Dakota,  so  far  as  he  had  looked  into  it,  was  a  most  excellent  one  and  reflected 
credit  on  the  deliberate  sense  of  North  Dakota,  but  that  he  had  not  prepared  it, 
was  not  consulted  about  it,  and  knew  nothing  about  it. 

Another  story  ascribed  its  authorship  to  Prof.  James  Bradley  Thayer  of  the 
Harvard  Law  School.  A  careful  investigation  has  verified  this  story.  Professor 
Thayer  was  the  real  author  of  this  constitution.  Fie  was  assisted  in  its  prepara- 
tion by  Henry  W.  Hardon,  and  A.  P.  Pedrick,  of  the  Harvard  School.  That 
Professor  Thayer  was  the  author  of  the  Williams  Constitution  appears  from  the 
following  statement  of  Henry  W.  Hardon,  and  from  a  letter  received  from  E.  R. 
Thayer,  dean  of  the  Law  School  of  Harvard  University. 

"In  1889,  the  Territory  of  Dakota  was  about  to  be  admitted  to  the  Union  as 
two  states.  Mr.  Henry  Villard  was  at  that  time  chairman  of  the  finance  committee 
of  the  Northern  Pacific  Railway,  the  most  important  corporation  operating  in 
that  territory.  He  was  sincerely  desirous  that  the  two  new  states  should  start 
right,  that  they  should  have  the  best  constitution  which  could  be  framed  for  them, 
and  with  that  purpose  in  mind  he  consulted  Mr.  Charles  G.  Beaman,  then  one 
of  the  leaders  of  the  New  York  bar.  Mr.  Beaman  advised  him  that  if  he  could 
get  Professor  Thayer  to  draft  a  constitution  for  the  new  states,  they  would  have 
the  benefit  of  all  that  expert  knowledge  and  sound  judgment  could  accomplish  in 
that  respect.  Professor  Thayer  undertook  the  task.  His  draft-constitution  was 
submitted  to  the  two  conventions,  and  was  in  large  part  adopted  by  them.  The 
legislative  article  in  the  Constitution  of  North  Dakota,  for  example,  is  substan- 
tially word  for  word  the  language  of  Professor  Thayer's  draft. 

"It  rarely  happens  to  a  teacher  or  to  a  lawyer  to  accomplish  a  piece  of  con- 
structive work  of  this  kind,  a  piece  of  work  aft'ecting  so  widely  the  interests  of 
so  large  a  community,  aft'ecting  them  not  merely  for  the  present  but  for  the  future. 

"You  may  think  it  singular  that  the  authorship  of  a  work  of  this  importance 
should  wait  vmtil  this  time  for  public  disclosure.  The  fact  is.  that  it  seemed  pru- 
dent when  the  work  was  doing  to  conceal  its  authorship.  Though  Mr.  \'illard 
was  moved  only  by  a  single-hearted  desire  to  promote  the  welfare  of  the  two  new 


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HISTORY  OF  NORTH  DAKOTA  395 

states,  it  was  feared  that  a  draft-constitution  prepared  by  an  eastern  college  pro- 
fessor, under  the  direction  of  a  Wall  Street  lawyer  and  at  the  instance  of  the  head 
of  the  largest  corporation  in  the  territory,  might  fail  of  adoption  if  its  authorship 
were  known ;  that  the  people  whom  it  was  designed  to  benefit  might  entertain  a 
suspicion  that  a  constitution  so  prepared,  however  fair  upon  its  face,  concealed 
some  sinister  attack  upon  their  property  rights.  The  two  constitutions  have  now 
been  in  force  some  fifteen  years.  Their  merits  have  been  proved  in  that  time. 
But  two  amendments  have  been  made  to  the  North  Dakota  Constitution,  and  one 
of  these  incorporates  a  clause  from  Professor  Thayer's  draft  omitted  by  the  Con- 
stitutional Convention.  The  principal  actors  in  this  scheme  to  help  the  people  of 
the  Dakotas  are  now  all  dead,  and  I  am  the  only  survivor  of  the  two  young  men 
who  were  engaged  in  the  preliminary  work  under  Professor  Thayer's  direction. 
The  occasion  for  concealment  of  the  origin  of  these  constitutions  has  now  passed, 
and  the  facts  I  have  narrated  should  not  be  lost  for  lack  of  a  record." — From  a 
speech  of  Henry  W.  Hardon,  Esq. 

From  E.  R.  Thayer,  dean  of  Law  School,  Harvard  University: 

"I  enclose  a  copy  of  what  Mr.  Hardon  said  in  1904,  when  my  father's  portrait 
was  presented  to  the  Law  School.  His  remarks  may  be  found  in  the  printed 
volume  containing  the  proceedings. 

"I  think,  however,  that  Mr.  Hardon's  memory  is  defective  in  some  points.  I 
do  not  believe  that  Mr.  Villard  consulted  my  father  on  ]Mr.  Beaman's  advice ;  Mr. 
Villard  and  my  father  had  long  been  personal  friends  and  I  think  that  Mr.  Villard 
came  to  him  of  his  own  motion,  because  of  this  friendship  and  my  father's  long 
study  of  constitutional  law  in  the  Harvard  Law  School.  Mr.  Beaman  was,  I 
believe,  Mr.  Villard's  regular  counsel,  and  Mr.  Villard  sought  the  advice  of  both 
my  father  and  him.  But  while  Mr.  Beaman  and  my  father  were  friends,  and  no 
doubt  consulted  together  in  this  matter,  I  think  their  operations  were  in  a  sense 
independent. 

"I  doubt,  also,  whether  my  father's  work  is  represented  in  the  North  Dakota 
Constitution  to  the  extent  which  Mr.  Harden  thinks ;  certainly  that  constitution 
differs  much  (although  not  so  much  as  the  constitution  of  some  other  states)  from 
my  father's  ideal  of  a  constitution.  He  believed  earnestly  that  it  should  consist 
of  a  brief  enunciation  of/  a  few  fundamental  principles,  leaving  the  Legislature 
a  free  hand,  subject  to  these  principles,  to  exercise  governmental  powers  in  the 
broadest  way,  and  he  was  utterly  opposed  to  the  belittling  restrictions  on  legis- 
lative power  to  be  found  in  state  constitutions.  This  is  a  criticism  to  which  I 
feel  sure  he  would  have  thought  the  North  Dakota  Constitution  also  subject." 

Mr.  Parsons,  of  Morton,  introduced  the  Constitution  of  South  Dakota, 
It  was  not  printed,  however,  as  a  file  or  in  the  journal,  as  copies  of  it  were  upon 
the  desks  of  members.  By  direction  of  the  convention  no  proposition  or  pro- 
posed article  could  be  introduced  after  Monday,  July  22d,  and  on  that  day  the 
convention  by  vote  required  all  standing  committees  to  make  reports  by  Thurs- 
day, July  25th. 

File  No.  25  vesting  the  legislative  authority  in  a  single  body  to  be  called  the 
Legislative  Assembly,  was  taken  up  for  discussion  in  the  committee  of  the  whole. 
The  subject  was  exhaustively  covered  in  brilliant,  spirited  and  illuminating 
speeches,  showing  care  and  research  in  their  preparation. 

Delegates  Stevens,  Turner,  Parsons,  of  Morton,  Johnson  and  Lauder  advo- 


396  HISTORY  OF  NORTH  DAKOTA 

cated  and  Garland  and  Harris  opposed  it.  Persons  interested  in  this  subject, 
either  as  an  academic  question,  or  as  a  feature  of  the  government,  will  find  this 
debate  a  mine  of  historical  lore.  The  convention,  however,  adhered  to  the  prece- 
dents and  adopted  the  two-house  system  of  older  states.  Articles  recommended 
by  standing  committee  to  form  a  part  of  the  constitution  were  usually  agreed  to 
without  debate,  but  the  article  relating  to  the 

SALE  .\ND  DISPOSITION   OF  SCHOOL  LANDS 

was  an  exception.  There  was  a  wide  diversity  of  sentiment  among  the  dele- 
gates as  to  what  probably  would  be  most  advantageous  to  the  state,  whether  the 
land  should  be  leased,  or  sold  on  long  time,  the  title  remaining  in  the  state  until 
the  purchase  price  was  fully  paid ;  whether  the  right  to  purchase  should  be 
restricted  to  actual  settlers,  the  purchase  limited  to  320  acres,  to  prevent  specu- 
lators acquiring  large  tracts ;  whether  persons  who  had  settled  upon  school  lands 
after  they  were  surveyed  and  had  cultivated  and  otherwise  improved  them 
should  have  a  preference  right  to  purchase  such  improved  lands,  or  should  be 
regarded  as  trespassers  upon  the  public  domain,  and  whether  the  lands  sold 
could  be  lawfully  taxed  until  patented  by  the  state.  The  sentiment  crystallized 
in  favor  of  an  open,  unrestricted  sale  on  time  contracts,  the  lands  to  be  subject 
to  taxation  from  the  date  of  such  contract. 

THE    SL'FFRAGE 

The  committee  on  elective  franchise  of  July  25th  made  a  majority  and 
minority  report.  It  differed  on  the  question  whether  the  power  to  grant  suffrage 
to  women  should  be  left  to  the  Legislature,  or  submitted  to  a  vote  of  the  qualified 
electors  of  the  state  by  the  first  Legislative  Assembly.  After  a  spirited  and 
lengthy  discussion,  the  convention  adopted  a  provision  which  empowered  the 
Legislature  at  its  discretion  to  make  further  extensions  of  suffrage,  without 
regard  to  sex,  but  prohibited  any  restrictions  of  the  suft'rage  without  a  vote  of 
the  people,  and  a  provision  making  women  qualified  voters  at  any  election  held 
solely  for  school  purposes,  and  eligible  to  hold  school  offices,  was  incorporated 
in  the  articles  on  the  elective  franchise.  However,  the  convention  the  next  day 
reconsidered  its  action  and  substituted  a  provision  which  is  now  a  part  of  the 
constitution,  whereby  the  Legislature  is  empowered  to  make  further  extensions 
or  restrictions  of  suffrage,  when  authorized  thereto  by  a  vote  of  the  people. 

THE    JUDICIARY     . 

The  committee  on  the  judiciary  department  also  submitted  majority  and 
minority  reports.  The  majority  report  recommended  the  establishment  of  a 
Supreme  Court,  to  consist  of  three  members,  and  prescribed  that  no  one  unless 
learned  in  the  law,  of  thirty  years  of  age,  and  a  resident  of  the  territory  for  five 
years  next  preceding  his  election,  should  be  eligible  to  the  office.  Guy  G.  H. 
Corliss,  of  Grand  Forks,  who  aspired  to  the  Supreme  Court,  was  ineligible,  by 
reason  of  his  residence  qualification.  He  came  to  Bismarck,  together  with  John 
M.  Cochrane,  a  notable  lawyer  of  Grand  Forks,  and  they  jointly  persuaded  the 


HISTORY  OF  NORTH  DAKOTA  397 

delegates  to  limit  the  residence  qualification  to  three  years.  ISIr.  Corliss  was 
elected  to  the  Supreme  bench.  He  drew  the  short  term  and  became  the  first 
chief  justice  of  the  state. 

The  majority  of  the  committee  recommended  and  reported  to  the  convention 
the  establishment  of  a  Probate  Court  in  each  organized  county,  clothed  with 
jurisdiction  of  the  estate  of  decedents,  wills,  estates  of  widows  and  orphans,  and 
of  guardianship. 

The  minority  proposed  a  system  of  county  courts,  clothed  with  jurisdiction 
of  all  probate  matters,  and  jurisdiction  of  civil  matters  involving  sums  not 
exceeding  $1,500  and  jurisdiction  of  criminal  matters  below  the  grade  of  felony, 
and  in  all  cases  of  lunacy.  Mr.  Rolfe,  a  delegate  from  Benson  County,  vigor- 
ously advocated  the  substitution  of  the  County  Court  system,  saying  in  part : 

"That  the  system  of  Probate  Courts  as  we  now  have  it  *  *  *  is  a  dis- 
grace not  only  to  our  judicial  system,  but  to  the  people  who  seem  to  hug  it  to 
their  bosom.  *  *  *  jj  jg  mysterious  to  me  upon  what  ground  they  can 
defend  the  continuation  of  this  system." 

Mr.  Bartlett,  of  Griggs,  defended  the  County  Court  system,  saying  in  part: 

"The  County  Court  system  has  been  tried  before.  It  is  in  use  in  Illinois, 
Colorado,  New  York,  Nebraska,  Missouri  and  several  other  states.  They  say 
that  it  is  the  most  popular  court  with  the  attorneys  and  the  people.  *  *  * 
The  minority  does  not  propose  the  establishment  of  a  new  court,  but  an  improve- 
ment in  a  court  already  established." 

Mr.  Carland,  chairman  of  the  judicial  department,  on  Augtist  2d,  introduced 
a  substitute  for  the  probate  system,  which  provided  for  county  courts  whose 
jurisdiction  could  be  increased  whenever  counties  having  a  population  of  two 
thousand  or  more  should  by  a  majority  vote  of  its  people  decide  to  increase 
their  jurisdiction.  This  was  amended  by  adding  a  proviso,  "Such  jurisdiction  as 
thus  increased  shall  remain  until  otherwise  provided  by  law,"  and  the  substitute 
as  so  amended  was  adopted  by  the  convention. 

Mr.  Williams,  on  July  31st,  had  introduced  four  additions  to  be  added  to 
the  judicial  article :  they  were  taken  from  the  complete  constitution  introduced 
by  him.  The  first  section  provided  "When  a  judgment  or  decree  is  reversed  or 
affirmed  by  the  Supreme  Court,  any  point  fairly  arising  upon  the  records  of  the 
case  shall  be  considered  and  decided  and  the  reasons  therefor  shall  be  concisely 
stated  in  writing.      *      *      *      ji„fl  presented  with  the  record  of  the  case." 

The  second  section  empowered  the  Supreme  Court  to  make  rules  for  its 
government  and  that  of  the  other  courts  of  the  state,  establish  rules  of  practice 
and  rules  for  admission  to  the  bar  of  the  state. 

The  third  section  made  it  a  duty  of  the  court  to  prepare  a  syllabus  of  the  points 
adjudicated  in  the  case  and  concurred  in  by  a  majority  of  the  judges. 

The  fourth  section  required  the  judges  of  the  Superme  Court  to  give  their 
opinion  upon  important  (|uestions  of  law  and  upon  solemn  occasions,  when 
requested  so  to  do  by  either  branch  of  the  Legislature. 

The  first  and  third  sections  were  accepted  by  the  convention.  The  second 
section  was  stricken  out.  The  fourth  section  led  to  much  discussion.  Judge 
Carland  in  an  elaborate  speech  presented  the  reasons  why  it  should  not  be 
accepted  as  a  section  of  the  constitution.  He  believed  it  to  be  pernicious  and 
unwise  to  have  it  in  the  constitution.     He  fortified  his  views  by  reviewing  the 


398  HISTORY  OF  NORTH  DAKOTA 

experience  of  Colorado,  whose  constitution  contained  a  similar  provision,  and 
by  quoting  liberally  from  the  opinions  of  its  Supreme  Court  judges  in  the  case 
of  Wheeler  vs.  Irrigation  Company,  9  Colorado,  249.  Judge  Carland  stated  that 
a  constitutional  provision  of  this  kind  was  open  to  grave  abuses  and  asked  that 
it  be  stricken  from  the  slate. 

Delegate  Miller  also  opposed  the  proposition,  saying  the  fundamental  prin- 
ciple of  our  constitutional  government  is  that  it  should  be  divided  into  three 
departments,  legislative,  executive  and  judicial.  The  proposition  interfered  with 
this  division  of  the  government.  It  would  be  burdensome  to  the  Supreme  Court, 
and  result  in  no  good  to  the  people.  It  would  make  the  Suprfeme  Court  the  legal 
advisers  of  the  Legislature,  and  the  court  would  legislate  by  virtue  of  being 
called  upon  to  advise  the  Legislature,  hence  political  judicial  legislation  would 
follow. 

Delegate  Moer  also  protested,  saying  that  the  adoption  of  this  provision  would 
be  simply  an  addition  of  three  more  lawyers  to  the  Legislature.  The  opinion  of 
the  supposed  questions  would  be  ex  parte,  without  a  hearing  and  entitled  to  no 
more  weight  than  that  of  the  lawyers  who  might  be  present  as  members  of  the 
Legislature. 

Delegate  Johnson  opposed,  saying  the  only  advantage  that  the  Supreme 
Court  has  over  a  justice  of  the  peace  is  that  it  has  the  last  say  of  the  case.  They 
are  no  more  than  men  who  are  not  clothed  with  official  position,  or  the  attorney- 
general  whose  province  it  is  to  furnish  legal  advice  to  the  executive  and  legisla- 
tive departments  of  the  government. 

Mr.  Williams  favored  the  proposition,  claiming  that  it  should  be  adopted 
because  it  would  place  every  member  of  the  Legislature  on  an  equality  and  would 
avoid  forcing  on  the  statute  books  an  important  law,  one  that  might  affect  the 
interests  of  the  entire  people,  and  have  it  afterwards  declared  unconstitutional. 

This  provision  had  before  this  discussion  been  approved  in  the  committee  of 
the  whole  and  adopted  by  the  convention.  The  convention  reconsidered  its 
action  and  struck  out  the  obnoxious  section. 

This  committee  had  also  unanimously  agreed  upon  three  terms  of  the 
Supreme  Court  to  be  held  annually,  at  the  "Seat  of  Government."  Purcell 
objected  to  holding  the  terms  at  the  "Seat  of  Government"  and  submitted  a 
proposition  for  a  "migratory  court"  of  three  terms,  one  term  to  be  holden  at 
Fargo,  one  at  Grand  Forks,  and  one  at  Bismarck,  then  the  "Seat  of  Government." 
This  proposition,  was  debated  at  length.  Delegates  Purcell,  Miller,  Parsons,  of 
Morton,  Lauder  and  Spalding  favoring  it,  and  Delegates  Scott,  O'Brien  and 
Selby  opposing  it.    The  Purcell  proposition  was  adopted  by  the  convention. 

Brig.-Gen.  Thomas  H.  Ruger  of  the  Military  Department  of  Dakota  trans- 
mitted in  accordance  with  instructions  received  from  the  War  Department  at 
Washington  a  proposed  article  ceding  to  the  United  States  jurisdiction  over  the 
military  reservation  established  in  the  state  by  the  Federal  Government.  It  was 
referred  to  the  judiciary  committee,  which  reported  a  section  in  conformity  with 
the  desire  of  the  Government  and  ceding  jurisdiction  over  military,  Indian  and 
other  United  States  reservations  and  public  buildings  used  for  United  States 
purposes.    This  section  was  adopted  by  the  convention. 


HISTORY  OF  NORTH  DAKOTA  399 

APPORTIONMENT 

Apportionment  and  legislative  representation,  owing  to  diversity  of  senti- 
ment among  the  delegates,  was  a  difficult  problem  to  solve.  The  more  sparsely 
settled  counties  favored  giving  each  county  a  senator,  regardless  of  population, 
and  strenuously  opposed  the  principle  of  dividing  the  county  into  senatorial 
districts  based  on  population,  and  also  seriously  objected  to  the  election  of  rep- 
resentatives from  the  senatorial  districts  as  favored  by  a  majority  of  the  legisla- 
tive committee.  It  was  stoutly  maintained  that  every  county  should  have  at  least 
one  representative  and  that  when  two  or  more  counties  were  grouped  as  a 
senatorial  district  the  more  populous  county  had  power  and  doubtless  would 
exercise  it,  to  deprive  the  smaller  county  or  counties  of  representation,  either  in 
the  Senate  or  House. 

Martin  N.  Johnson,  in  an  impassioned  speech,  opposed  representation  by 
counties,  rather  than  men,  that  laws  were  made  for  people  and  not  for  valleys, 
areas  or  inanimate  objects.  That  there  was  no  fairness  or  justice  in  the  system 
that  would  give  the  forty- four  men  who  voted  in  Billings  the  same  senatorial 
representation  as  the  1,035  who  voted  in  his  own  County  of  Nelson.  The  basis 
of  representation  should  be  men,  not  area.  After  full  discussion  and  argument, 
the  system  of  apportioning  the  county  into  senatorial  districts  according  to  popu- 
lation and  the  election  of  representatives  from  senatorial  districts  was  adopted. 

CORPORATIONS 

The  committee  on  Corporations  other  than  municipal  presented  a  majority 
and  minority  report.  The  main  differences  related  to  the  provisions  in  reference 
to  railroads,  whether  they  should  be  declared  public  highways,  were  subject  to 
legislative  regulation  and  control  as  to  rates  charged  for  the  transportation  of 
passengers  or  freight,  and  whether  an  appeal  should  be  allowed  to  the  courts 
from  any  law  enacted  by  the  Legislature  prescribing  rates,  or  from  any  decision 
of  the  Board  of  Railroad  Commissioners  fixing  rates.  The  debate  over  these 
questions  was  an  animated  one,  and  participated  in  by  Johnson,  chairman  of  the 
committee,  Miller  and  Bartlett  of  Dickey  County,  Lauder,  Stevens,  Parsons,  of 
Morton,  Moer,  Camp,  Flemington,  Appleton,  and  Bell,  seven  lawyers  and  four 
laymen.  The  majority  report  was  amended  to  include  "sleeping  car,  telegraph 
and  telephone  companies  as  common  carriers  of  passengers,  intelligence  and 
freight,"  and  with  this  amendment  was  adopted  by  the  convention.  An  amend- 
ment or  substitute  which  differed  materially  only  in  a  provision  declaring  that 
all  such  "common  carriers  should  be  entitled  to  charge  and  receive  just  and 
reasonable  compensation  for  the  transportation  of  freight  and  passengers  within 
the  state,  and  that  the  determination  of  what  is  a  just  and  reasonable  compen- 
sation should  be  a  judicial  question  to  be  determined  by  the  courts,"  was  defeated 
in  the  committee  of  the  whole,  and  a  provision  adopted  empowering  the  Legisla- 
ture to  establish  rates  by  act,  or  delegating  power  to  a  board  which  rates  could 
not  be  charged  by  a  common  carrier,  unless  they  were  found  by  the  courts  to 
be  unreasonable  and  confiscatory.  An  amendment  which  would  compel  the 
railroads  to  submit  differences  between  railroads  and  their  employes  to  arbitra- 
tion met  the  same  fate ;  while  an  amendment  proposed  by  M.  N.  Johnson,  who 


400  HISTORY  OF  NORTH  DAKOTA 

stated  that  he  had  been  overlooked  in  the  distribution  of  "passes"  to  the  delegates, 
was  referred  to  the  committee  on  militia,  the  motion  being  made  in  a  facetious 
way  by  Purcell,  with  no  expectation  that  it  would  prevail.  The  convention,  how- 
ever, saw  only  the  humorous  side  and  thought  fights  for  passes  could  be  best 
refereed  by  the  militia. 

LOCATION   OF  THE  CAPITAL  AND  PUBLIC   INSTITUTIONS 

Schemes  for  locating  the  capital  engrossed  the  attention  of  the  convention 
from  its  beginning.  Delegate  ^Mathews  of  Grand  Forks  County  early  in  the 
session  introduced  an  article  to  locate  the  "'Seat  of  Government"  temporarily  at 
Bismarck,  the  Legislature  at  its  first  session  after  the  admission  of  the  state 
to  the  Union  to  provide  for  the  submission  of  the  question  of  a  place  for  the 
permanent  "Seat  of  Government"  to  the  qualified  voters  of  the  state  at  the  next 
general  election  thereafter.  The  place  receiving  a  majority  of  the  votes  cast 
upon  said  question  to  be  the  permanent  "Seat  of  Government;"  if  no  place 
received  a  majority  of  all  the  votes  cast  upon  said  question,  the  governor  was  to 
issue  a  proclamation  calling  an  election  to  be  held  in  the  same  manner  at  the 
next  general  election^to  chose  between  the  two  places  having  the  highest  number 
of  votes  at  the  first  election.  The  place  receiving  the  highest' number  of  votes  at 
this  election  to  be  the  permanent  "Seat  of  Government."  Delegate  Lauder,  of 
Richland  County,  early  in  the  session  offered  a  resolution  for  the  appointment 
of  a  select  committee  to  which  all  propositions  relating  to,  or  in  any  manner 
afifecting  the  question  of  the  "Seat  of  Government"  should  be  referred.  It  was 
defeated  by  a  vote  of  the  convention,  and  the  Mathews  article  was  referred  to 
the  standing  committee  of  public  institutions  and  buildings.  Bailey  Fuller,  as 
mayor  of  Jamestown,  invited  the  convention  to  hold  its  remaining  sessions  at 
that  place,  promising  ample  accommodations  for  the  meetings  of  the  convention 
proper,  rooms  for  its  committees  and  free  entertainment  of  the  delegates.  The 
invitation  was  declined. 

Delegate  Miller,  of  Cass  Comity,  introduced  an  article  locating  the  capital 
at  Bismarck,  and  the  public  institutions  at  various  cities  and  allotting  to  each  a 
proportion  of  the  500.000  acres  of  land  granted  by  the  omnibus  bill  for  capitol  and 
public  building  purposes.  The  location  of  the  capital  was  the  silent,  powerful 
undercurrent  of  the  convention  ;  there  were  two  strong  combinations  of  dele- 
gates formed,  one  known  as  the  Bismarck-Fargo  union,  the  other  as  the  Grand 
Forks,  the  first  to  locate  the  capital  permanently  at  Bismarck.  The  Fargo- 
Bismarck  combination  considered  Bismarck  the  most  available  point  for  the 
"Seat  of  Government,"  and  desired  the  agricultural  college  at  Fargo.  Behind, 
or  supporting  this  combine,  was  the  powerful  influence  of  the  Northern  Pacific, 
and  this  together  with  the  distribution  of  the  institutions  that  would  be  estab- 
lished, promised  the  necessary  votes  to  carry  the  Bismarck-Fargo  scheme. 

The  Grand  Forks  combine  was  behind  the  IMathews  scheme,  hoping  and 
expecting  that  by  the  process  of  elimination  of  other  cities  with  capital  aspira- 
tions. Grand  Forks  would  eventually  be  selected  as  the  permanent  capital. 

The  committee  on  public  institutions  and  buildings  differed  on  the  location 
of  the  capital  and  presented  majority  and  minority  reports  thereon.  On  August 
7th,  the  convention  proceeded  to  the  consideration  of  the  reports  as  a  convention 


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HISTORY  OF  NORTH  DAKOTA  401 

without  filtering  them  through  the  committee  of  the  whole,  and  then  ensued  the 
most  thrilling,  sensational  debate  of  the  session,  reinforced  as  it  was  by  meetings, 
protests  and  remonstrances  of  mass  meeting  of  citizens  and  conventions  in 
various  counties,  and  petitions  of  individuals.  These  petitions  and  protests  were 
generally  expressed  in  forceful  language,  devoid  of  threats  or  insinuations  of 
corruption,  or  that  other  than  proper  motives  actuated  the  members  who  favored 
the  Bismarck-Fargo  scheme.  The  City  of  Grand  Forks  was  in  a  "state  of 
mind"  over  the  capital  location.  In  the  estimation  of  some  of  its  citizens,  the 
locating  of  the  permanent  capital  was  "a  mendacious  exhibition  of  public  villainy 
and  corruption."  One  protest  from  there  was  as  gross  and  as  indecent  an  attack 
as  has  ever  been  visited  upon  any  body  or  any  representative  character  or  dig- 
nity whatsoever,  while  a  petition  signed  by  S.  S.  Titus,  then  cashier  and  now 
president  of  the  First  National  Bank  of  that  city,  and  112  others,  was  respectful 
in  tone  and  was  expressed  in  forceful  and  appropriate  language  of  dissent  and 
protest. 

David  Bartlett,  of  Griggs  County,  proposed  as  the  first  section  of  the  majority 
report  "the  following  article  shall  be  submitted  to  the  vote  of  the  people  as  a 
separate  article,  as  provided  by  the  scheme,"  and  asked  for  its  adoption,  saying 
that  the  people  have  the  right  to  locate  these  institutions,  and  it  was  wrong  to 
deprive  them  of  that  right.  That  a  refusal  of  this  section  would  compel  at  least 
thirty  members  to  refuse  to  sign  the  constitution,  and  to  advise  their  constituents 
to  reject  it.  That  he  was  satisfied  that  the  vote  to  pass  the  article  as  reported 
by  the  majority  of  the  committee  was  obtained  not  only  by  the  distribution  of 
the  institutions,  but  by  every  means  known  to  the  power  of  corporations,  by 
promising  and  farming  out  so  far  as  that  influence  could  go,  every  office  and 
position  of  the  state  ticket  the  coming  fall.  The  Grand  Forks  Herald  upon  the 
authority  of  Delegate  Bennett  published  a  statement  charging  President  Fancher 
with  suppressing  the  reading  of  telegrams  of  remonstrance.  The  statement  was 
false  and  untrue.  It  was  investigated  by  the  convention  and  shown  by  several 
members  that  the  attempt  on  the  part  of  the  chief  clerk  to  read  the  telegrams 
had  been  frustrated  by  motions  to  adjourn.  The  convention  by  a  yea  and  nay 
vote  exonerated  the  president.  Seventy-one  votes  aye,  no  nays,  Bennett  himself 
voting  aye. 

Delegate  Pollock  spoke  briefly,  contending  that  it  was  the  right  of  the  people 
through  chosen  representatives  to  determine  the  question,  that  the  delegates 
were  not  the  representatives  of  the  people  to  decide  it.  It  might  endanger  the 
adoption  of  the  constitution. 

Johnson  asked,  is  it  possible  that  gentlemen  in  the  majority  will  sit  here  in 
silence  and  give  no  reason  for  their  course  of  conduct?  Is  it  so  indefensible 
that  no  one  will  attempt  to  justify  it?  Why  compel  some  thirty  delegates  to 
refuse  signing  the  constitution  and  compel  them  upon  their  return  to  their  homes 
to  advocate  the  rejection  of  the  constitution? 

Purcell  made  the  elaborate  argument  against  the  article.  It  attempted  to 
locate  institutions  for  which  there  was  no  existing  need,  and  in  all  probability 
would  be  no  need  for  fifty  years.  We  have  all  the  institutions  that  we  need  for 
the  present,  and  for  some  future  time  to  come.  The  matter  should  be  left  in 
the  hands  of  the  Legislature.     It  is  something  unheard  of  in  the  history  of  our 

Vol  1—26 


402  HISTORY  OF  NORTH  DAKOTA 

country,  and  while  Wahpeton  is  represented  in  this  article,  he  said  that  in  oppos- 
ing it  he  was  doing  just  what  his  constituents  required  of  him. 

Bell,  of  Walsh  County,  in  a  vehement  speech  bristling  with  sarcastic  allu- 
sions to  the  convention's  love  for  and  devotion  to  the  interests  of  the  dear  people, 
characterized  the  article  as  infamous  and  so  weighted  down  the  constitution 
that  it  would  never  be  ratified  by  the  people. 

Bennett,  of  Grand  Forks,  openly  charged  that  the  capital  was  located  at 
Bismarck  in  the  interests  of  the  two  great  railroads  of  the  state. 

Stevens,  of  Ransom  County,  advocated  the  adoption  of  the  majority  report 
and  defended  the  location  of  the  capital  and  institutions.  It  would  prevent  job- 
bery and  corruption  in  the  Legislature.  Upon  the  conclusion  of  the  debate, 
Bartlett's  amendment  was  defeated  by  a  vote  of  31  yeas  to  43  nays,  and  the 
Miller  motion  to  adopt  the  report  of  the  majority  prevailed,  by  a  vote  of  44 
yeas  to  30  nays. 

Delegate   Johnson   added   to   the   gayety   of    the   occasion   by    proposing   an 
amendment  striking  out  "Bismarck  in  the  County  of  Burleigh"  and  inserting  in 
lieu  thereof,  Jamestown  in  the  County  of  Stutsman,"  saying  to  the  Jamestown 
delegation  that  the  minority  had  the  power  and  were  willing  to  give  Jamestown 
the  capital  for  all  time  to  come.     Five  votes  was  enough  to  do  it.     Blewett,  of 
Jamestown,  questioned  the  good  faith  of  the  minority,  and  the  amendment  was 
lost  by  a  vote  of  19  yeas  to  55  nays.     The  previous  question  was  ordered  and 
the  main  question  to  adopt  article   19  prevailed  by  a  vote  of  44  yeas  and  30 
nays,   all   the   delegates-elect,   except   Parsons,   of   Rolette,   who   is    recorded   as 
absent  and  not  voting.     During  the  calling  of  the  roll  of  delegates  and  when 
their  names  were  read.  Camp,  Parsons,  of  Morton,  Rolfe,  Turner,  Williams  and 
President  Fancher  explained  their  votes.     A  motion  to  reconsider  the  vote  and 
that  the  motion  to  reconsider  be  laid  on  the  table  prevailed.     The  convention 
believed  the  agony  was  ended,  but  it  was  doomed  to  disappointment,   for  on 
consideration  of  the  report  of  the  revision  and  adjustment  committee,  Bartlett, 
of  Griggs,    renewed  the  motion   to   substitute   the   provision    for  article    19   as 
adopted.     This  motion  was  laid  on  the  table.     He  then  moved  that  the  article 
be  submitted  as  a  separate  article  to  be  voted  on  separately. 
Delegate  Miller  moved  to  lay  the  motion  on- the  table. 

Delegate  Williams  demanded  the  previous  question  on  this  mtoion,  which 
was  seconded,  and  the  convention  proceeded  to  vote  on  the  main  question,  which 
was  the  adoption  of  the  article.  The  vote  was  taken  by  yeas  and  nays,  and 
adopted  by  a  vote  of  43  yeas  to  28  nays.  The  old  combine,  standing  in  solid 
phalanx,  voted  yea. 

Delegates  Peterson  and  Selby  were  absent  and  not  voting,  and  Delegates 
Almen  and  Scott  were  paired. 

Delegates  Bean,  Camp,  Johnson,  Lauder,  O'Brien,  Pollock,  Stevens,  Turner 
and  Wallace  explained  their  votes.  Stevens  in  explaining  his  vote  said :  "I  voted 
aye  on  this  proposition  so  that  the  City  of  Bismarck  may  sit  on  her  seven  hills 
and  be  the  most  beautiful  capital  of  the  four  new  states." 

In  his  explanation  of  his  vote  Delegate  Bean  said  that  he  came  to  the  con- 
vention opposed  to  the  location  of  the  capital  and  institutions  by  the  convention. 
First  two  votes  on  that  question  showed  that  fact.  His  third  vote  was  in  the 
affirmative,  that  he  might  move  a  reconsideration.     An  indignation  meeting  of 


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his  constituents  was  instigated  he  said  by  one  of  the  members  of  this  convention 
and  condemned  the  action  of  the  majority.  He  had  seen  more  pohtical  trickery, 
jobbery  and  attempted  combinations  of  the  minority  than  he  ever  saw  in  any 
political  convention  he  ever  attended.  The  serious  question  is  not  where  we 
shall  locate  these  institutions,  the  underlying  question  is,  shall  the  City  of  Bis- 
marck, or  Grand  Forks,  have  the  capitol?  This  last  statement  aroused  the  ire  of 
Delegate  Bennett  of  Grand  Forks,  who,  although  debate  was  out  of  order,  in- 
dignantly characterized  it  as  false,  that  Grand  Forks  had  never  proposed  to 
enter  a  combination  to  locate  the  capital,  but  when  it  saw  this  combination  of 
forty-four  bound  to  locate  the  capital  at  Bismarck,  it  felt  justified  in  trying  to  break 
it  if  possible.  That  was  the  course  of  the  people  from  Grand  Forks.  An 
obstreperous  partisan  of  the  committee  called  out  from  the  gallery  "rats,"  and 
thus  gave  Purcell  an  opportunity  to  rebuke  the  partisan  uttering  the  opprobrious 
epithet,  and  to  say  that  the  caucus  of  the  minority  was  not  called  or  organized 
by  the  minority,  but  at  the  call  of  outsiders  who  pretended  to  be  able  to  bring  to 
the  assistance  of  the  minority  some  of  those  who  have  voted  with  the  majority. 
In  all  of  their  meetings  there  had  been  no  attempt  at  chicanery,  or  underhand 
action,  to  defeat  the  will  of  the  minority.  Camp  explaining  his  vote  in  part  said: 
'T  was  called  home  a  week  ago  to  attend  an  indignation  meeting,  at  which  the 
delegates  from  Stutsman  County  were  to  be  burned  in  effigy,  or  otherwise  hon- 
ored ;  however,  we  were  not  burned  in  effigy,  or  otherwise  dishonored." 

The  people  of  Jamestown  thought  there  was  still  a  possibility  that  that  city 
could  be  named  for  the  temporary  "seat  of  government,"  at  least,  and  they  were 
encouraged  in  this  belief  by  a  member  of  the  Grand  Forks  delegation,  who  was 
present  at  this  indignation  meeting,  and  who  stated  to  the  meeting  that  he  could 
secure  from  the  majority  who  were  supporting  Bismarck  enough  votes,  which, 
with  the  Stutsman  County  delegation,  would  be  able  to  locate  the  capital  at 
Jamestown.  With  this  end  in  view,  the  Stutsman  County  delegation  entered  the 
caucus,  which  has  been  referred  to  by  the  delegates.  There  were  a  number  of 
sessions  of  this  caucus,  but  when  it  became  a  certainty  that  the  larger  number 
of  the  minority  would  not  agree  to  any  proposition  to  locate  the  capital,  either 
temporarily  or  permanently  at  any  place  without  a  vote  of  the  people,  the  Stuts- 
man County  delegation  withdrew  and  believing  that  the  interests  of  Stutsman 
County  and  the  entire  state  will  be  best  subserved  by  locating  the  capital  and 
public  institutions  as  provided  in  article  nineteen,  the  Stutsman  County  delegation 
decided  to  vote  therefor. 

EXPENDITURES 

The  appropriation  of  $20,000  by  Congress  was  insufficient  to  cover  the  neces- 
sary expenditures  for  printing  and  clerk's  help  for  the  convention  and  its  com- 
mittees. The  convention  had  authorized  in  its  last  days  the  publishing  and  dis- 
tribution of  1,000  bound  volumes  of  the  "debates"  and  the  publishing  of  the  con- 
stitution in  the  daily  and  weekly  newspapers  of  the  state,  and  the  payment  of  the 
sum  of  $10  to  each  paper  so  publishing  and  circulating  the  document  and  pro- 
vided in  the  schedule  that  the  first  State  Legislature  should  appropriate  a  sufficient 
sum  to  pay  the  same.  The  convention  was  in  session  for  forty-five  days,  and  the 
appropriation  of  $20,000  by  Congress  to  pay  the  per  diem  of  members,  officers 


404  HISTORY  OF  NORTH  DAKOTA 

of  the  convention,  clerks  of  its  committees,  printing  of  its  files  and  journals,  was 
only  sufficient  to  cover  the  expenses  of  the  convention  for  thirty-one  days.  The 
convention  authorized  the  issue  of  certificates  of  indebtedness  signed  by  the  presi- 
dent and  chief  clerk,  to  members  and  officers  for  fourteen  days'  services,  and  to 
clerks  of  the  standing  committees,  including  the  clerks,  stenographers  and  expert 
accountants  of  the  joint  commission,  for  any  services  rendered.  All  such  cer- 
tificates to  be  redeemed  by  the  state.  By  chapter  14  of  the  Session  Laws  of  1890 
the  state  auditor  was  authorized  to  issue  "funding  warrants"  bearing  5  per  cent 
interest  and  payable  at  the  option  of  the  state  treasurer  to  provide  funds  for  the 
payment  of  the  expenses  incurred  by  the  Constitutional  Convention  in  excess  of 
the  sum  appropriated  by  Congress. 

Funding  warrants  in  the  sum  of  $11,637.20  were  issued  on  March  3,  1890,  and 
sold  by  the  state  treasurer  at  a  premium  of  $9.50,  netting  the  state  $11,646.70. 
During  the  period  between  February  24  to  August  15,  1890,  bills  in  the  sum  of 
$10,898.46,  incurred  on  account  of  the  Constitutional  Convention  were  paid  by 
the  state  treasurer.  The  Congress  made  a  supplemental  appropriation  to  cover 
the  deficiency  account  of  the  Constitutional  Convention  and  on  March  26,  1891, 
the  state  treasurer  received  from  the  Federal  Government  $10,854.71,  which  sum 
was  $43-75  less  than  the  deficiency  account  of  the  Constitutional  Convention. 
There  is  nothing  in  the  state  records  which  explains  this  discrepancy.  It  is  prob- 
able that  it  was  caused  by  the  disallowance  by  the  accounting  officer  of  the  Fed- 
eral Government  of  some  item  or  items  which,  although  certified  by  the  state  as 
an  expense  incurred  by  the  state,  were  considered  by  these  accounting  officers  as 
not  properly  chargeable  to  the  Constitutional  Convention.  It  may,  however,  have 
been  caused  by  an  oversight  of  the  state  in  the  omission  of  some  item  or  items  of 
the  expenses  properly  incurred  by  the  Constitutional  Convention,  and  paid  by 
the  state  in  the  certified  account  of  the  Constitutional  Convention  expense  sent 
to  the  Federal  secretary  of  treasury.  The  state  funding  warrants  were 
redeemed  and  paid  by  the  state  treasurer  on  the  same  day  the  remittance  was 
received  from  the  Federal  Government.  The  state  paid  as  interest  due  thereon 
the  sum  of  $644.31,  a  total  cost  to  the  state  for  the  Constitutional  Convention  of 
$688.06. 

THE  JOINT  COMMISSION  OF  NORTH  AND  SOUTH  DAKOTA 

The  Enabling  Act  prescribed  that  the  Constitutional  Conventions  of  both 
North  and  South  Dakota  should  select  a  joint  commission  to  be  composed  of  not 
less  than  three  members  of  each  convention,  "whose  duty  it  shall  be  to  assemble 
at  Bismarck,  the  present  seat  of  government  of  said  territory,  and  agree  upon  an 
equitable  division  of  all  property  belonging  to  the  Territory  of  Dakota,  disposition 
of  all  public  records,  and  also  adjust  and  agree  upon  the  amount  of  the  debts  and 
liabilities  of  the  territory  which  shall  be  assumed  and  paid  by  each  of  the  proposed 
states  of  North  Dakota  and  South  Dakota,  and  the  agreement  reached  respecting 
the  territorial  debts  and  liabilities  shall  be  incorporated  in  the  respective  constitu- 
tions, and  each  of  said  states  shall  obligate  itself  to  pay  its  proportion  of  such 
territorial  debts  and  liabilities,  the  same  as  if  they  had  been  created  by  such  states 
respectively." 

The  convention  empowered  its  president  to  appoint  a  commission  of  seven 


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HISTORY  OF  NORTH  DAKOTA  405 

member?  to  act  with  a  similar  commission  from  South  Dakota,  to  prepare  and 
submit  an  agreement  to  comply  with  this  provision  of  the  Enabling  Act.  The 
president  appointed  as  such  commission  four  lawyers  and  three  business  men, 
viz.:  Edgar  W.  Camp,  of  Jamestown,  chairman;  William  E.  Purcell,  of  Wahpe- 
ton;  Burleigh  F.  Spalding,  of  Fargo;  Harvey  Harris,  of  Bismarck;  Alexander 
Griggs,  of  Grand  Forks ;  John  W.  Scott,  of  Valley  City,  and  Andrew  Sandager, 
of  Lisbon.  The  commission  was  granted  leave  to  sit  during  the  sessions  of  the 
Constitutional  Convention,  and  also  to  employ  such  clerks,  expert  accountants  and 
stenographers  as  it  deemed  necessary. 

South  Dakota  appointed  a  commission  of  seven  members.  Judge  A.  G.  Kellam 
was  its  chairman.  The  other  members  were  Vallentine  T.  McGillicuddy,  Henry 
Neill,  E.  W.  Caldwell,  William  Elliott,  Chas.  H.  Price  and  S.  F.  Brott.  These 
commissions  met  on  the  afternoon  of  July  i6th,  in  the  office  of  the  governor  of 
the  territory,  and  organized  a  joint  commission  by  the  selection  of  A.  G.  Kellam 
of  South  Dakota  as  temporary  president,  and  Andrew  Sandager  and  Vallentine 
T.  IMcGillicuddy,  secretaries.  W.  G.  Hayden  of  North  Dakota  and  L.  M. 
McLaren  of  South  Dakota  were  selected  as  assistant  secretaries. 

To  equalize  honors,  the  commissions  provided  that  the  chairmanship  of  the 
joint  commission  should  be  held  by  the  chairman  of  the  North  Dakota  Commis- 
sion, Camp,  and  the  chairman  of  the  South  Dakota  Commission,  Kellam,  alter- 
nating day  by  day,  and  adopted  as  a  rule  of  procedure  in  the  disposition  of  all 
matters  before  the  joint  commission,  that  the  roll  of  the  commissioners  be  called 
and  if  a  majority  of  the  members  composing  the  North  Dakota  Commission,  and 
a  majority  composing  the  South  Dakota  Commission,  should  record  themselves  in 
the  affirmative,  the  proposition  thus  voted  upon  should  be  declared  carried,  other- 
wise not.  The  commission  held  daily  sessions  from  July  7th  to  31st,  inclusive, 
five  days  it  had  two  sessions  daily,  and  on  July  31st,  three  sessions  were  necessary 
to  complete  its  work. 

Divers  views  as  to  the  power  of  the  commission  under  the  provisions  of  the 
Enabling  Act  were  held  by  the  members  of  the  North  and  South  Dakota  Commis- 
sions as  to  the  proper  construction  of  sections  three  and  six  thereof. 

Further,  it  was  the  duty  of  the  commission  to  determine  not  only  the  propor- 
tion of  the  territorial  debt  to  be  assumed  by  the  respecive  states  upon  admission, 
but  also  its  duty  to  provide  for  the  division  of  the  public  records,  or  whether  the 
Enabling  Act  required  such  division  to  be  made  by  the  respective  states  when 
admitted  to  the  Union. 

The  Enabling  Act  had  prescribed  as  to  the  territorial  bonds  issued  to  erect 
buildings  for  institutions,  that  such  bonds  should  be  assumed  and  paid  by  the 
state  where  the  institutions  were  located,  and  the  Territorial  Legislature  had  pro- 
vided in  the  laws  establishing  these  institutions  and  authorizing  the  issuance  of 
bonds  therefor,  that  in  the  event  of  the  division  of  the  territory  happening,  the 
payment  of  the  interest  and  principal  of  such  bond  should  be  assumed  by  the 
territory  or  state,  as  the  case  might  be,  where  the  institutions  were  located.  South 
Dakota  had  ten  institutions  within  its  confines.  North  Dakota  had  four.  All 
appropriations  for  betterments  and  purposes  other  than  maintenance  had  been 
made  by  the  territory  from  its  general  fund,  viz.:  $91,170.13  for  institutions 
located  in  South  Dakota,  $69,084.78  for  institutions  located  in  North  Dakota,  and 
an  excess  of  appropriations  to  South  Dakota  of  $22,085.35. 


406  HISTORY  OF  NORTH  DAKOTA 

The  joint  commission  finally  determined  after  full  discussion  that  it  was 
within  its  powers  to  provide  for  the  disposition  of  all  the  public  records,  as  well 
as  the  assets  and  miscellaneous  properties  belonging  to  the  territory.  It  appointed 
a  committee  of  two,  one  from  each  commission,  to  examine  and  report  what  books 
and  records  it  would  be  necessary  to  transcribe,  and  the  probable  expense  of  such 
transcription;  to  determine  as  to  who  shall  have  the  copies  of  the  public  records, 
and  who  the  originals ;  also  a  committee  of  two  to  examine  and  report  upon 
the  condition  of  the  public  library  and  public  documents  contained  therein,  and 
report  an  estimate  of  its  value;  the  committee  to  ascertain  and  report  the 
amount  of  military'  property  belonging  to  the  territory  and  its  whereabouts;  a 
committee  to  ascertain  and  report  on  the  condition  and  value  of  any  miscellaneous 
property;  a  committee  to  collect  and  classify  information  relative  to  the  claims 
against  the  territory  and  of  accounts  due  the  territory,  and  a  committee  to  ascer- 
tain the  amount  appropriated  by  the  Federal  Government  to  the  Brookings  Agri- 
cultural College  and  Experiment  Station,  and  what  portion  thereof  has  been  used 
for  permanent  improvements. 

On  July  24th,  these  committees  reported  either  verbally  or  in  writing. 

The  committee  on  the  library  recommended  that  sealed  bids  be  submitted  by 
North  Dakota  and  South  Dakota.  South  Dakota  bid  $4,000 ;  North  Dakota,  $750. 
It  developed  in  the  debate  on  the  library  that  a  majority  of  reports  and  text  books 
belonging  to  the  library  were  in  the  offices  of  lawyers  living  in  Yankton  and  other 
places  in  South  Dakota,  and  South  Dakota  evidently  expected  to  recover  most  of 
them,  otherwise  it  could  not  have  valued  the  fragments  of  the  library  at  Bismarck 
at  $4,000.    It  really  was  of  less  value  than  the  sum  named  by  North  Dakota. 

The  committee  on  books,  records  and  archives  recommended  that  they  be 
divided  into  two  groups.  The  choice  of  groups  to  be  determined  by  lot.  North 
Dakota  won  the  first  choice,  and  selected  the  group  made  up  of  the  books  and 
records  of  the  governor's  and  secretary's  offices.  The  group  made  up  of  the 
books  and  records  of  all  other  territorial  oflicers  went  to  South  Dakota.  The 
expense  of  copies  of  any  of  these  records,  it  was  agreed,  should  be  borne  equally 
by  both  states. 

Upon  the  submission  of  the  reports  of  these  several  committees  it  was  agreed 
that  the  commission  of  North  Dakota,  and  the  commission  of  South  Dakota,  each 
should  submit  a  proposition  in  writing  for  a  settlement  of  all  matters  except  the 
public  records,  and  such  propositions  were  submitted  on  July  2Sth. 

The  two  propositions,  so  far  as  public  institutions  were  concerned,  were  sub- 
stantially similar.  As  to  assets  and  liabilities,  the  South  Dakota  plan  was  to  divide 
them  between  the  two  states  according  to  the  counties  concerned.  Claims  of  the 
territory  against  counties  on  account  of  delinquent  taxes  should  go  to,  and  belong 
to  the  state  within  which  such  counties  might  be  situated  and  credits  for  taxes  over- 
paid should  likewise  belong  to  such  state,  balance  of  cash  on  hand  upon  the  ter- 
mination of  the  territorial  government  should  be  assumed  and  paid  by  North  and 
South  Dakota  share  and  share  alike. 

The  North  Dakota  proposition  was  that  all  personal  property  and  miscel- 
laneous effects  now  in  South  Dakota,  excepting  military  outfits  and  accoutrements, 
should  be  the  property  of  South  Dakota,  all  of  the  same  in  North  Dakota,  except- 
ing military  outfits  and  accoutrements  and  excepting  the  furniture  and  fixtures 
of  the  capitol  at  Bismarck,  should  be  the  property  of  North  Dakota,  South  Dakota 


HISTORY  OF  NORTH  DAKOTA  407 

to  pay  to  North  Dakota  in  full  settlement  of  all  outstanding  accounts,  and  of  all 
claims  against  the  territory  arising  out  of  the  unlawful  taxation  of  the  Northern 
Pacific  Railway  lands,  which  claims  should  be  assumed  by  the  State  of  North 
Dakota,  the  sum  of  $60,000.     Should  South  Dakota  desire  the  State  of  North 
Dakota  to  assume  the  ownership  and  control  of  the  capitol  at  Bismarck,  with  its 
furniture  and  fixtures,  including  all  claims  arising  out  of  the  expense  of  the  grant 
of  lands  made  to  the  territory  for  capitol  purposes,  and  further  to  assume  its 
bonded  indebtedness.  North  Dakota  will  do  so  upon  payment  to  North  Dakota  of 
the  sum  of  $40,000,  all  other  indebtedness  and  unliquidated  debts  to  be  borne 
equally  and  all  claims  in  favor  of  the  territory  shall  accrue  to  the  respective  states 
in  like  proportion.    North  Dakota  shall  be  entitled  to  all  delinquent  taxes  due  the 
territory   from  counties   located  in   North   Dakota,   and   the   same  as   to   South 
Dakota.     From  and  after  March  nth,  South  Dakota  shall  be  credited  with  all 
taxes  collected  from  counties  within  its  boundaries,  and  charged  with  all  moneys 
paid  out  by  the  territory  for  appropriations  made  to  public  institutions  situated 
therein,  and  one-half  of  all  other  expenditures,  and  the  same  as  to  North  Dakota. 
The  North  Dakota  proposition  was  discussed  and  explained  at  length,  and  that 
fixing  March  11,  1889,  from  which  each  state  should  be  credited  with  taxes  col- 
lected and  charged  with  money  paid  out.     Upon  the  conclusion  of  the  debate  the 
joint  commission  appointed   Chairman   Camp  of   North   Dakota  and   Chairman 
Kellam  of  South  Dakota  as  a  committee  to  confer  as  to  the  differences  between 
the  two  commissions,  and  to  reach  an  agreement  thereon,  if  possible,  and  report 
the  same  to  the  joint  commission  for  consideration.    This  committee  reported  an 
agreement  of  twenty-four  sections,  covering  bonds,  indebtedness,  liabilities  and 
disposition  of  all  property,  and  a  separate  agreement  in  relation  to  the  books, 
records  and  archives.     Both  were  considered  article  by  article,  and  the  joint  com- 
mission unanimously  agreed  to  the  same,  and  it  was  signed  by  all  members  and  the 
joint  commission  thereupon  appointed  Mr.  Purcell  of  North  Dakota  and   Mr. 
Caldwell  of  South  Dakota  to  draft  the  article  to  be  submitted  to  the  respective 
conventions   for  insertion   in   the   constitutions   of   the   states.     This   committee 
reported  the  article  to  be  submitted  to  the  conventions  on  the  31st  day  of  July.    It 
was  unanimously  approved.  The  convention,  having  completed  its  labor,  adjourned 
subject  to  the  call  of  the  chairman.     No  call  was  ever  made,  as  the  agreement 
made  and  the  article  to  be  embodied  in  the  two  constitutions  was  satisfactory  to 
both  states,  and  was  adopted  and  incorporated  in  the  constitutions  and  schedules 
of  the  respective  states. 

When  the  agreement  and  proposed  article  was  reported  to  the  North  Dakota 
Convention  by  Chairman  Camp,  it  was  considered  by  the  committee  of  the  whole 
on  .-Xugust  8th,  which  committee  recommended  the  adoption  of  the  article  recom- 
mended by  the  joint  commission,  and  also  that  the  state  should  appropriate  $25,000 
to  reimburse  counties  containing  lands  which  formed  a  part  of  the  grant  to  the 
Northern  Pacific  for  taxes  illegally  assessed  upon  the  same,  and  refund  to  pur- 
chasers of  such  lands  at  tax  sale  and  also  recommending  "That  the  shorthand 
notes  of  the  proceedings  of  the  joint  commission  be  transcribed  and  printed  with 
the  debates  of  the  convention,  inasmuch  as,  so  far  as  the  commission  is  informed, 
said  joint  commission  is  the  first  body  of  the  kind  ever  convened." 


408  HISTORY  OF  NORTH  DAKOTA 

THE  CONSTITUTION,   HOW  IT  WAS  MADE 

The  convention  in  framing  the  constitution  had  the  benefit  of  suggestions  and 
the  advice  of  a  number  of  distinguished  men  who,  upon  its  invitation,  addressed  it. 
Among  these  were  Arthur  C.  Mellette,  then  governor  of  the  territory,  who  called 
attention  to  the  two  policies  which  had  heretofore  prevailed  in  framing  constitu- 
tions. The  early  policy  that  a  constitution  should  embody  fundamental  principles 
only,  the  later  policy  that  it  should  embody  all  legislation  that  was  rightful  and 
which  could  safely  be  placed  there,  and  avoid  the  evils  of  excessive  legislation, 
and  the  confusion  necessarily  arising  from  new  laws  enacted  every  two  years  by 
the  Legislature. 

Judge  Cooley  of  Michigan,  an  eminent  jurist,  and  a  recognized  author  of  con- 
stitutional law,  advised  the  delegates  to  remember  that  times  change,  that  many 
new  questions  were  vital  today  which  were  unknown  to  the  constitution  makers 
of  a  hundred  years  ago.  Therefore  the  Legislature  should  not  be  prevented  from 
meeting  those  evils,  which  are  sure  to  come.  In  your  constitution  you  are  tying 
the  hands  of  the  people,  therefore,  do  not  legislate  too  much.  The  convention 
heeded  this  advice  and  our  constitution  is  comparatively  free  from  legislation, 
much  more  so,  for  illustration,  than  the  constitutions  of  South  Dakota  or  Okla- 
homa. 

Rev.  R.  C.  Wiley,  of  the  National  Reform  Association,  who  "urged  legislation 
for  Sabbath  observance,  for  regulation,  management  and  advice,  for  instruction 
in  the  principles  of  virtue,  for  teaching  Christianity  and  morality  in  the  schools^ 
and  the  recognition  of  God  and  Christianity  in  the  constitution." 

God  is  recognized  in  the  preamble  to  our  Constitution. 

Henry  B.  Blackwell,  of  Boston,  advocated  suffrage  for  women,  or  at  least 
the  placing  of  a  clause  in  the  constitution  empowering  the  Legislature  to  extend 
the  sufifrage  to  women  in  the  future.  The  constitution  empowers  the  Legislature 
to  extend  the  suffrage  to  women,  or  restrict  the  same,  upon  a  vote  of  the  people. 

C.  J.  Buell,  of  Minneapolis,  advocated  the  "Single  Tax,"  but  the  delegates 
would  have  none  of  it. 

Senators  Stewart  and  Reagan,  two  members  of  the  United  States  Senate  com- 
mittee on  irrigation,  and  Major  Powell,  director  of  the  Geological  Survey,, 
addressed  the  convention  on  August  Sth. 

Senators  Stewart  and  Director  Powell  spoke  on  irrigation  interests  briefly  and 
its  possibilities  in  the  Northwest  and  advised  "Hold  the  waters  in  the  hands  of  the 
people."  Replying  to  this  the  delegates  inserted  in  the  constitution  "All  flowing 
streams  and  water  courses  shall  forever  remain  the  property  of  the  state." 

Senator  Stewart  did  not  restrict  himself  to  discussing  the  benefits  of  irriga- 
tion, but  expressing  himself  as  opposed  to  irrigation  debts  and  mortgages,  because 
they  took  the  independence  and  manhood  out  of  the  people.  He  elaborately  dis- 
cussed the  demonetization  of  silver  by  the  United  States  in  1873,  by  England, 
Austria,  and  Holland  in  1871,  and  the  demonetization  of  gold  by  France  in  1869, 
and  by  Germany,  Austria  and  other  (minor)  European  states  in  other  years.  He 
was  in  favor  of  the  use  of  both  gold  and  silver  as  money  and  plenty  of  it,  and 
believed  that  the  Congress  was,  and  trusted  that  the  people  of  North  Dakota 
would  send  no  representative  to  Congress  that  would  represent  New  York  City, 
London  or  Berlin. 


ARTHUR  C.  MELLKTTK 

Tenth    governor    of    Dakota    Territory,    JIarcli    to 
November,  1889 


HISTORY  OF  NORTH  DAKOTA  409 

Senator  Reagan  paid  scant  attention  to  the  subject  of  irrigation,  but  discoursed 
at  length  on  silver.  He  stated  that  the  convention  in  its  constitution  has  to  shape 
the  policy  of  the  state,  and  its  action,  and  the  action  of  the  people  which  imme- 
diately follows  it  will  determine  in  a  great  measure  its  capacity  for  forming  a 
government  which  will  protect  the  people.  "Do  not  send  men  to  Congress  to  rep- 
resent the  bond  holders  and  the  money  men  to  further  opjxjse  the  people,  and  go 
further  to  change  the  character  of  this  government,  or  rob  the  people  of  their 
sovereignty  and  make  them  slaves  of  the  money  power.  Send  the  right  men  and 
we  will  make  the  coinage  of  silver  free  and  unlimited  like  gold."  This  advice  and 
admonition  failed  to  impress  the  delegates  or  the  people  and  North  Dakota  has, 
with  the  exception  of  Senator  Roach,  always  sent  representatives  and  senators  to 
Congress  who  were  opposed  to  the  unlimited  coinage  of  silver  and  in  favor  of  the 
gold  standard. 

Upon  the  conclusion  of  these  addresses,  M.  N.  Johnson  rose  to  reply,  and 
referred  to  Senator  Reagon  as  a  man  deep  rooted  in  the  principles  of  democracy 
and  selected  by  Jefiferson  Davis,  president  of  the  southern  confederacy  as  a  mem- 
ber of  his  cabinet,  he  having  served  as  postmaster-general  therein,  and  wondered 
if  Senator  Reagan  was  studying  irrigation  in  the  days  when  those  delegates  wear- 
ing "Grand  Army  badges"  were  irrigating  the  trenches  before  Vicksburg,  the 
battlefield  of  Gettysburg,  and  the  soil  of  Andersonville  with  the  blood  of  them- 
selves and  their  comrades :  he  was  interrupted  by  Delegate  Purcell,  with  the  ques- 
tion, "Does  the  gentleman  mean  to  cast  any  reflection  on  the  senator  from  Texas 
by  his  remarks?"     Mr.  Johnson  answered,  "No,  sir." 

Delegate  Mathews  of  Grand  Forks,  who  served  as  a  soldier  in  the  War  of  the 
Rebellion,  and  then  wore  the  "Grand  Army  badge,"  moved  to  adjourn.  The 
motion  was  out  of  order  under  the  working  rules  of  the  convention,  but  was 
entertained  and  being  promptly  put  by  the  president,  was  adopted  without  dissent, 
and  thus  the  most  regrettable  incident  in  the  constitutional  historj-  was  closed. 

In  the  preparation  of  the  constitution,  the  delegates  had  access  to  "charters 
and  constitutions  of  all  the  states"  published  by  Congress.  Copies  of  the  con- 
stitution of  South  Dakota,  the  Enabling  Act,  and  a  territorial  bill  providing  for  the 
Australian  system  of  voting  were  on  the  desks  of  delegates  as  well  as  abstracts 
of  "Hough's  American  Constitution,"  covering  twenty  topics  which  Delegate 
Williams  had  prepared  and  placed  on  the  members'  desks.  The  delegates  dili- 
gently searched  these  constitutions  and  with  the  experience  of  a  century  to  draw 
from  the  constitution  makers  culled  that  which  was  best  and  shunned  errors  from 
which  older  states  had  suffered.  There  are  few  original  provisions  in  the  consti- 
tution adopted.  It  is  a  compilation  of  the  best  provisions  of  existing  constitutions 
modified  to  conform  to  the  conditions  in  the  state.  From  the  Omnibus  Bill  was 
mainly  culled  the  compact  between  the  state  and  the  United  States.  From  Illinois 
the  provision  for  county  courts.  From  Minnesota,  the  provision  relating  to  the 
sale  of  public  school  lands,  and  the  investment  of  moneys  derived  from  the  sale. 
From  Pennsylvania  the  provision  relating  to  Board  of  Pardons.  From  New 
Hampshire,  provisions  as  to  amendments  to  the  constitution.  From  the  Williams 
constitution  came  the  preamble,  and  many  of  the  legislative  provisions.  From 
California  some  material  for  the  taxing  of  railroads ;  the  inscription  of  the  great 
seal,  "Liberty  and  union  now  and  forever,  one  and  inseparable,"  from  a  speech 
of  Daniel  W^ebster  in  the  Senate  of  the  United  States.     From  the  United  States 


410  HISTORY  OF  NORTH  DAKOTA 

Constitution  some  provisions  which  are  embodied  in  the  declaration  of  rights ; 
ceding  jurisdiction  over  mihtary  posts  came  from  the  secretary  of  war,  through 
General  Ruger. 

REVISION  AND  ADJUSTMENT 

The  Committee  on  Revision  and  Adjustment  were  authorized  on  August  8th 
to  have  their  report  printed  and  submitted  their  final  report  on  Augvist  13th.  It 
was  a  complete  constitution  and  arranged  under  appropriate  heads  and  sections 
consecutively  numbered.  The  amendments  recommended  were  indicated  at  the 
section  to  be  amended.  Each  delegate  was  furnished  a  printed  copy  of  this  final 
report.  It  was  considered  section  by  section  and  when  any  article  was  adopted 
it  was  immediately  referred  for  engrossing  by  the  enrolling  and  engrossing  clerks. 
On  this  review,  the  delegates  found  that  their  own  work  in  the  committee  of  the 
whole  was  not  always  satisfactory.  "The  convention  in  undoing  what  it  had  done 
the  day  before,  perfomied  the  most  commendable  day's  work  of  the  session.  The 
compelling  of  the  Supreme  Court  to  give  opinions  when  called  upon,  and  the 
Legislature  to  extend,  but  not  to  restrict  the  right  of  suffrage,  was  a  pair  of  very 
ridiculous  propositions,"  said  the  Bismarck  Tribune  at  the  time.  The  schedule 
contained  the  agreement  of  the  joint  commission  on  the  division  of  the  public 
records  of  the  territory,  provision  for  an  election  to  adopt  or  reject  the  constitu- 
tion and  for  the  taking  effect  of  the  constitution.  The  Committee  of  the  Enroll- 
ment and  Engrossment  were  authorized  to  correct  the  copy  of  the  constitution 
furnished  them.  They  made  few  changes  in  phraseology  and  punctuation,  and 
at  the  night  session  of  Saturday,  August  17th,  reported  a  correctly  enrolled  and 
engrossed  constitution.  The  chief  clerk  was  empowered  to  renumber  the  sections, 
which  was  adopted  as  a  whole  by  a  viva  voce  vote.  The  yeas  and  nays  were 
demanded  by  a  sufficient  number,  the  roll  was  called  and  the  constitution  was 
adopted  by  a  vote  of  40  ayes  and  23  nays,  12  delegates  being  absent  and  not  vot- 
ing. The  constitution  was  signed  by  the  president  and  chief  clerk  in  open  con- 
vention, and  by  a  number  of  the  delegates,  who  by  motion  duly  adopted,  were 
invited  so  to  do  and  the  constitution  so  signed  was  deposited  by  the  chief  clerk  in 
the  office  of  the  secretary  of  the  territory.  On  the  day  preceding  adjournment  the 
convention  by  resolution  provided  for  the  publishing  of  1,000  volumes  of  the 
debates  and  also  thanked  the  president  and  the  permanent  officers  of  the  conven- 
tion for  the  fair  and  efficient  manner  in  which  they  had  discharged  their  duties, 
and  presented  ,to  President  Fancher  the  chair  he  had  occupied,  and  the  gavel  he 
had  wielded.  On  the  last  day,  the  delegates  presented  Fancher  with  a  framed 
group  picture  of  the  delegates,  and  Chief  Clerk  Hamilton  was  the  recipient  of  a 
similar  picture,  as  an  appreciation  of  their  services.  On  the  night  of  Saturday, 
August  17th,  on  motion  of  Rolfe,  of  Benson  County,  the  convention  adjourned 
sine  die,  and  passed  into  history. 

SUBSEQUENT   PROCEEDINGS 

Arthur  C.  Mellette,  as  governor  of  the  Territory  of  Dakota  ancl  by  virtue  of 
the  authority  vested  in  him  by  section  twelve  of  the  schedule  of  the  constitution, 
on  August  29,  1889,  by  proclamation  caused  an  election  to  be  held  on  the  first 


b 


> 

6 
c 


>■•■?'-*' 


HISTORY  OF  NORTH  DAKOTA  411 

Tuesday  in  October,  to  elect  congressional,  state,  legislative,  judicial  and  county 
officers  as  provided  in  the  constitution  and  to  adopt  or  reject  the  constitution,  and 
to  adopt  or  reject  the  prohibition  article  to  be  voted  on  as  a  separate  article.  The 
constitution  was  ratified  at  this  election  by  a  majority  of  19,334,  there  being 
27,441  votes  for  ratification  and  8,107  against.  Every  county  in  the  state  gave  a 
majority  for  ratification,  except  the  counties  of  Grand  Forks,  Nelson  and  Walsh,- 
which  gave  an  aggregate  majority  of  3,418  against  ratification.  This  was  more 
than  offset  by  Burleigh  and  Cass  counties,  which  gave  an  aggregate  vote  of  5,079 
for  ratification,  only  two  votes  against  ratification  were  cast  in  Burleigh  and 
thirty-one  votes  in  Cass  County. 

The  prohibition  article  on  a  separate  vote  was  ratified  by  a  majority  of  1,159. 
The  delegates  "slipped  a  cog"  when  they  provided  in  the  schedule  that  congres- 
sional, state,  legislative,  judicial  and  county  officers  should  be  chosen  at  the  same 
time  the  vote  was  taken  on  the  ratification  or  rejection  of  the  constitution.  This 
fact  coupled  with  the  fact  that  the  republican  and  democratic  parties  held  conven- 
tions and  nominated  full  state  tickets  and  did  not  as  parties  oppose  ratification, 
made  it  morally  certain  that  the  constitution  would  be  raified.  In  anticipation  of 
ratification,  Chief  Clerk  Hamilton  had  prepared  an  engrossed  copy  of  the  constitu- 
tion and  this  properly  certified  together  with  a  certified  abstract  of  the  votes  cast 
by  each  county  as  canvassed  by  the  governor,  secretary  of  the  territory  and  chief 
justice,  were  forwarded  on  the  adoption  of  the  constitution  to  President  Harrison, 
who  on  the  2d  day  of  November,  1889,  by  proclamation  declared  "the  fact  that 
the  conditions  imposed  by  Congress  on  the  State  of  North  Dakota,  to  entitle  that 
state  to  admission  to  the  Union  have  been  ratified  and  accepted  and  that  the  admis- 
sion of  the  state  into  the  Union  is  now  complete"  and  thus  North  Dakota  was 
released  from  the  shackles  of  territorial  servitude,  and  endowed  with  the  rights, 
duties  and  privileges  of  a  sovereign  state  of  the  Union. 

AMENDMENTS  TO  CONSTITUTION 

Twenty  amendments  have  been  made  to  the  constitution  since  its  adoption. 
The  first  forbids  the  authorization  of  lotteries  or  gift  enterprises  for  any  pur- 
poses, and  requires  the  Legislature  to  enact  laws  prohibiting  the  sale  of  lottery  or 
gift  enterprise  tickets.  The  second  relates  to  the  elective  franchise,  and  restricts 
suffrage  to  full  citizens  of  the  United  States  civilized  persons  of  Indian  descent 
who  shall  have  severed  their  tribal  relations  two  years  next  preceding  each  elec- 
tion, disqualifies  persons  under  guardianship,  non  compos  mentis  or  insane,  those 
convicted  of  treason  or  felony,  unless  restored  to  civil  rights,  and  requires  the 
Legislature  to  establish  an  educational  test  as  a  qualification  and  empowers  the 
Legislature  to  prescribe  penalties  for  neglecting  or  refusing  to  vote  at  any  general 
election. 

The  third  to  the  Board  of  Pardons.  The  fourth  to  the  assessment  of  property 
and  how  the  property  of  railroad  and  public  service  corporations  shall  be  assessed 
for  purposes  of  taxation. 

The  fifth  the  school  for  the  deaf  and  dumb  at  the  City  of  Devils  Lake, 
changing  the  name  from  asylum  to  school. 

The  sixth  establishes  an  institution  for  the  feeble  minded  at  Grafton  the  Legis- 


412  HISTORY  OF  NORTH  DAKOTA 

lature  to  appropriate  20,000  acres  of  the  grant  of  land  made  by  Congress,  to  its 
benefits  for  its  endowment. 

The  seventh,  the  Legislature  may  provide  that  grain  grown  in  the  state  and  held 
therein  in  elevators,  warehouses  and  granaries  may  be  taxed  at  a  fixed  rate. 

The  eighth,  the  investment  of  the  moneys  of  the  permanent  school  fund  in  first 
mortgages  on  farm  lands  within  the  state. 

The  ninth  fixes  the  minimum  prices  of  state  lands  and  the  conditions  of  sale, 
one-fifth  of  price  in  cash,  one-fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth  in 
fifteen  years,  and  one-fifth  in  twenty  years,  interest  not  less  than  6  per  cent  pay- 
able annually  in  advance. 

The  tenth  increases  the  Supreme  Court  from  three  to  five  members. 

The  eleventh  reduces  the  rate  of  interest  to  be  paid  by  purchasers  of  school 
lands  from  6  per  cent  to  5  per  cent. 

The  twelfth  establishes  a  state  normal  school  at  Minot. 

The  thirteenth  reduces  the  rate  of  interest  to  be  paid  by  purchasers  of  state 
lands  from  6  per  cent  to  5  per  cent  and  permits  the  acquirement  of  such  lands 
through  the  exercise  of  the  right  of  eminent  domain,  by  railroads,  for  townsite  and 
other  enumerated  public  purposes. 

The  fourteenth  authorizes  and  empowers  the  Legislature  by  law  to  erect,  pur- 
chase, or  lease  and  operate  one  or  more  terminal  elevators  in  the  states  of  Minne- 
sota and  \Msconsin,  or  both. 

The  fifteenth  providing  for  the  initiative  and  referendum  as  to  legislation. 

The  sixteenth  providing  for  the  initiative  as  to  the  constitution. 

The  seventeenth,  to  change  the  name  of  the  state  blind  asylum. 

The  eighteenth,  state  aid  to  the  building  of  public  highways. 

The  nineteenth,  terminal  grain  elevators  within  the  state. 

The  twentieth,  to  pemiit  the  classification  of  property  for  the  purpose  of 
taxation. 

PERSONNEL   OF    THE    MEMBERS 

Of  the  members  of  the  Constitutional  Convention  several  were  advanced  to 
high  public  positions,  as  follows: 

United  States  Senators. — Martin  N.  Johnson,  William  E.  Purcell. 

Members  of  Congress. — Burleigh  F.  Spalding  and  ^Martin  N.  Johnson. 

United  States  District  Judge. — John  E.  Carland. 

Governor. — Roger  Allin,  Fred  B.  Fancher. 

Lieutenant-Govemor. — David  Bartlett,  Elmer  D.  Wallace. 

United  States  Surveyor-General. — Erastus  A.  Williams. 

United  States  Assistant  Attorney-General. — Reuben  N.  Stevens. 

United  States  Attorney. — John  F.  Selby,  Edgar  W.  Camp. 

Assistant  United  States  Attorney. — James  F.  O'Brien  and  William  H.  Rowe. 

Judge  Supreme  Court. — Burleigh  F.  Spalding. 

State  Auditor. — Herbert  L.  Howes. 

Insurance  Commissioner. — Fred  B.   Fancher. 

State  Treasurer. — Knud  J.  Nowland. 

District  Judge. — William  J.  Lander  and  Samuel  H.  More,  the  latter  at 
Duluth. 


HISTORY  OF  NORTH  DAKOTA  413 

Superintendent  of  Public  Instruction. — Wm.  J.  Clapp. 

Railroad  Commissioner. — Andrew  J.  Slotten. 

Compilation  Commission. — Robt.  M.  Pollock. 

State  Senators. — Andrew  J.  Slotten,  John  McBride,  Charles  V.  Brown,  Arne 
P.  Haugen,  George  H.  Fay,  James  H.  Bell,  Patrick  McHugh,  Virgil  B.  Noble, 
Andrew  Sandager,  John  F.  Selby,  A.  F.  Appleton,  William  E.  Purcell. 

Representatives. — Erastus  A.  Williams  and  R.  M.  Pollock. 

Speaker  of  the  House. — Reuben  N.  Stevens.  Edward  H.  Lohnes,  Robert  B. 
Richardson,  A.  W.  Hoyt,  James  A.  Donnelly,  Henry  W.  Peterson,  Charles  V. 
Brown,  Albert  F.  Appleton. 


CHAPTER  XXVI 
THE  STATE 

"What  constitutes  a  state? 
Not  high  raised  battlements,  or  labored  mound, 

Thick  wall,   or   moated   gate ; 
Not  cities  proud,  with  spires  and  turrets  crowned — 

Not  bays  and  broad-armed  ports. 
Where,  laughing  at  the  storm,  proud  navies  ride ; 

Not  starred  and  spangled  courts — 
Where  low-browed  baseness  wafts  perfume  to  pride. 

No  ! — men — high-minded  men — 

Men  who  their  duties  know. 
But  know  their  rights,  and  knowing  dare  maintain." 
— Sir  William  Jones,  1745-1794 

North  Dakota  entered  statehood  with  a  bonded  indebtedness  of  $539,807, 
some  money  in  the  treasury,  $57,513,  a  capitol  btiilding  costing  some  $200,000 
and  600  city  lots  to  sell. 

South  Dakota  entered  statehood  with  a  bonded  indebtedness  of  $750,000, 
a  deficiency  in  her  treasury  of  about  $150,000,  with  no  capitol  building. 

EXECUTIVE  DEPARTMENT 

The  executive  power  of  the  state  is  devoted  to  and  administered  by  commis- 
sions and  boards.  The  constitution  provides  for  two,  the  Board  of  Equalization 
and  the  Board  of  Pardons.  The  governor  is  a  member  of  both.  The  most 
important  commission  and  boards  are  the  Taxation  Commission,  Board  of  Con- 
trol, and  Board  of  Regents.  The  members  of  the  commissions  and  boards  are 
appointed  by  the  governor,  by  and  with  the  consent  of  the  Senate.  Their  tenure 
of  office  is  usually  for  two,  four  or  six  years,  and  while  as  a  rule  they  consult  the 
governor  and  enforce  his  policies  in  administering  the  affairs  of  their  office,  they 
frequently  act  on  independent  lines,  to  the  serious  political  embarrassment  and 
injury  of  the  governor,  as  the  people  hold  the  governor  responsible  and  not  the 
commission  and  boards,  for  their  mistakes  of  administration. 

ADMINISTRATION    OF  JOHN    MILLER 

John  Miller  was  the  first  governor  of  the  state.  As  such  governor,  on  Novem- 
ber 4,  1889,  two  days  after  the  admission  of  the  state  to  the  Union,  he  issued  his 
proclamation  caUing  the  Legislative  Assembly  to  meet  at  Bismarck,  on  Tuesday, 
November  19,  1889,  for  the  purpose  of  electing  two  United  States  senators,  and 

414 


NORTH  DAKOTA  STATE  FLAG 
From  an  aiitochrom  by  F.  A.  Behounek. 


HISTORY  OF  NORTH  DAKOTA  415 

for  the  performance  of  such  other  legislative  duties  as  might  be  in  accordance 
with  the  constitution.  The  Legislature  assembled,  which  convened  November 
19th,  determined  that  the  Federal  law  for  the  election  of  United  States  senators 
which  prescribed  that  the  Legislature  should  on  the  second  Tuesday  after  its 
meeting  and  organization  proceed  to  ballot  for  United  States  senators,  each 
branch  thereof  to  vote  separately,  was  superseded  by  the  Omnibus  Bill,  which 
conferred  the  power  and  made  it  the  duty  of  the  Legislative  Assembly  forthwith 
at  its  meeting  and  organization  to  ballot  for  United  States  senators.  Accordingly, 
on  November  20,  1889,  the  houses  balloted  separately,  casting  ballots  for  Gilbert 
A.  Pierce,  N.  G.  Ordway,  Lyman  R.  Casey,  republicans,  and  M.  L.  McCormick, 
democrat.  The  House  was  composed  of  sixty-two  members,  thirty-two  being  a 
majority.  The  Senate  of  thirty-one  members,  sixteen  constituting  a  majority. 
Both  houses  met  in  joint  session  on  Wednesday,  the  21st  day  of  November,  as 
by  law  provided,  and  compared  the  journals  of  the  respective  houses,  as  to  the 
number  of  votes  cast  for  any  person  for  United  States  senator,  and  it  appearing 
from  such  comparison  that  Gilbert  A.  Pierce  had  received  a  majority  vote  in  the 
Senate  and  House,  he  was  by  the  joint  assembly  declared  a  duly  elected  United 
States  senator. 

It  further  appearing  from  a  comparison  of  the  journals  that  no  one  person 
had  received  a  majority  in  each  House  for  the  second  senator  to  be  elected,  the 
joint  assembly  took  one  ballot  for  United  States  senator,  the  law  providing  in 
that  event  that  such  assembly  should  meet  at  12  o'clock  M.  and  take  at  least  one 
ballot  each  day  until  some  one  person  received  a  majority  vote  of  the  Joint 
assembly,  and  was  thereby  chosen  senator.  The  joint  assembly  was  composed 
of  ninety-three,  all  the  membership  of  the  Senate  and  House,  and  forty-seven 
was  a  majority.  The  joint  assembly  met  on  several  different  days  and  took  in 
all  ten  joint  ballots.  On  the  ninth  joint  ballot  occtirred  an  incident  which  is 
worthy  of  special  mention,  because  conflicting  versions  of  what  actually  took 
place  on  the  ninth  ballot  were  published  by  the  press  at  the  time. 

The  chief  clerk  of  the  Plouse  had  been  appointed  by  Lieutenant-Governor 
Dickey,  the  presiding  officer  of  the  joint  assembly,  as  clerk  of  the  joint  sessions, 
and  also  a])pointed  two  tally  clerks,  one  from  the  Senate  force  of  clerks,  the 
other  from  the  House.  The  roll  of  the  Senate  was  first  called  by  the  clerk,  and 
then  the  roll  of  the  House.  The  tally  clerks  recorded  the  votes  as  announced  by 
the  members.  Upon  the  completion  of  the  roll  call  it  appeared  that  the  tally 
clerks  disagreed  as  to  the  number  of  votes  cast  for  M.  N.  Johnson,  N.  G.  Ord- 
way, and  Lyman  R.  Casey.  A  verification  of  the  vote  was  demanded.  On  the 
recall  of  the  roll  for  verification  purposes  only,  H.  D.  Court,  an  elderly  mem- 
ber of  the  House,  who  had  constantly  voted  for  Ordway,  attempted  to  change 
his  vote  from  Ordway  to  M.  N.  Johnson.  The  right  so  to  do  was  challenged  by 
a  number  of  the  members.  A  motion  to  adjourn  was  interposed  and  before  the 
announcement  of  the  rolls  of  the  ninth  ballot  the  joint  assembly  dissolved.  It 
was  claimed  that  Johnson  received  a  sufficient  number  of  votes  on  this  ninth 
ballot  to  elect  him,  if  Court's  vote  on  verification  had  been  counted,  but  the  records 
of  the  joint  assembly  which  were  approved  by  the  assembly  itself  and  published 
in  the  House  Journal,  do  not  support  this  claim.  In  fact,  showed  otherwise.  It 
appears  from  them  that  he  received  35  votes,  while  47  were  necessary  to  a  choice. 
The  names  of  these  35  appear  in  the  journal  and  no  other  member  of  the  joint 


416  HISTORY  OF  NORTH  DAKOTA 

assembly  ever  claimed  that  he  had  voted  for  Johnson  on  the  ninth  ballot.  The 
highest  vote  Johnson  received  on  any  ballot  w^as  42  on  the  second  ballot,  the 
lowest  28  on  the  sixth  ballot.    On  the  eighth  ballot  he  received  only  33. 

FIRST   LEGISLATURE    120   D.VYS 

The  constitution  provided  that  the  first  Legislative  Assembly  could  sit  for 
I20  days,  while  the  life  of  all  other  sessions  was  limited  to  sixty  days.  Gov- 
ernor Miller  in  his  first  message  suggested  in  a  general  way  the  imperative  need 
of  laws  to  put  in  force  the  various  articles  and  the  schedules  of  the  constitution, 
particularly  the  article  on  prohibition,  which  prescribed  "That  the  Legislative 
Assembly  shall  by  law  prescribe  regulations  for  the  enforcement  of  this  article 
and  shall  thereby  provide  suitable  penalties  for  the  violation  thereof."  Comply- 
ing with  the  suggestions  of  Governor  Miller,  the  Legislature  enacted  laws  for 

1.  The  organization  and  formation  of  state  banks. 

2.  For  the  board  of  university  and  school  lands. 

3.  Leasing  and  sale  of  school  lands. 

4.  A  state  board  of  agriculture. 

5.  A  uniform  system  of  free  public  schools. 

6.  A  joint  commission  to  eflfect  a  final  adjustment  between  the  states  of  North 
and  South  Dakota. 

7.  A  commission  to  supervise  the  surveying  and  marking  the  boundary  line 
between  North  and  South  Dakota. 

8.  The  prohibition  law. 

9.  Assessment  of  railroad  property. 

All  of  which  laws  were  approved  by  the  governor. 

On  its  own  volition  the  Legislative  Assembly  enacted  laws, 

1.  To  establish,  locate  and  maintain  an  agricultural  college  at  Fargo. 

2.  An  academy  of  science  at  Wahpeton. 

3.  A  soldiers'  home  at  Lisbon. 

4.  Deaf  and  dumb  asylum  at  Devils  Lake. 

5.  A  normal  school  at  Valley  City. 

6.  A  normal  school  at  Mayville. 

7.  Regulating  practice  of  medicine. 

8.  Abolishing  the  grand  jury  system  and  instituting  informations  by  states 
attorneys  instead  of  indictments. 

The  governor  approved  all  these  laws,  excepting  as  to  the  normal  school  at 
Mayville,  which  he  vetoed.     The  Legislature,  however,  passed  it  over  his  veto. 

LOTTERY 

It  attempted  to  pass  a  law  whereby  the  Louisiana  Lottery  scheme  which  had 
been  denied  an  extension  of  its  charter  by  Louisiana  could  be  established  and 
perpetuated  in  North  Dakota.  Geo.  H.  Spencer,  formerly  a  United  States  sen- 
ator from  Alabama,  came  to  Bismarck  and  secured  the  introduction  of  a  bill  for 
that  purpose  in  the  Senate.  It  is  known  in  the  records  as  Senate  Bill  No.  167. 
It  passed  that  body  by  more  than  a  two-thirds  vote. 

Governor  Miller  then  marshalled  the  force  opposed  to  the  lottery,'  scheme  and 


HISTORY  OF  NORTH  DAKOTA  417 

organized  and  conducted  a  vigorous  and  successful  fight  among  the  House 
members  to  prevent  its  passage  in  the  House,  or  securing  a  two-thirds  vote.  He 
raised  funds  to  circulate  petitions  remonstrating  against  the  passage  of  the  law, 
employed  detectives  to  secure  evidence  of  suspected  bribery  and  corruption, 
inspired  the  publication  of  articles  in  the  press  opposing  the  lottery  scheme, 
secured  protests  and  letters  from  prominent  business  men  and  bankers  of  St. 
Paul,  Minneapolis,  Chicago  and  New  York,  all  of  which  petitions,  protests  and 
letters  were  presented  to  the  House  and  appear  in  its  journal,  and  commanded 
representative  men  of  all  professions  and  classes  in  the  state,  who  hastened  to 
Bismarck  and  aided  him  in  his  efforts  to  defeat  the  bill.  On  its  votes  taken  on 
the  question  of  its  reading  and  on  motions  to  postpone  its  consideration,  or 
resubmit  it  for  amendment,  the  measure  commanded  only  thirty-nine  votes  in 
the  House,  less  than  two-thirds  vote  of  all  the  members  elected. 

The  Congress  of  the  United  States  enacted  a  law  prohibiting  the  carriage  of 
lottery  tickets  by  corporations  engaged  in  the  transportation  of  interstate  com- 
modities, and  lottery  and  gift  enterprise  tickets  were  denied  the  tise  of  the 
United  States  mails.  The  lottery  advocates  thus  seeing  their  "occupation  gone," 
as  no  lottery  scheme  could  be  worked  to  any  advantage  in  the  United  States, 
abandoned  the  fight  and  on  February  loth  the  House  agreed  to  indefinite 
postponement  of  Senate  Bill  No.  167,  and  thus  the  lottery  scheme  went  to  its 
death. 

Governor  Miller's  administration  of  state  afl^airs  was  satisfactory  to  the  peo- 
ple. They  admired  him  as  a  man,  believed  in  his  policies  and  regretted  his  refusal 
to  be  a  candidate  for  a  second  term.  Upon  the  expiration  of  his  term  he  moved 
to  Duluth,  Minn.,  where  he  engaged  in  a  grain  brokerage  business  and  died 
there,  October  26,  1908. 

ADMINISTR.«iTION    OF    ANDREW    H.    BURKE 

Andrew  H.  Burke,  a  banker  of  Cass  County,  who  was  the  successor  of 
Miller,  served  as  governor  from  January,  1890,  to  January,  1892.  The  leading 
feature  of  his  administration  were  laws  enacted  by  the  Legislature  for  a  military 
code  authorizing  the  issuance  of  state  bonds  in  the  sum  of  $150,000  to  pay 
North  Dakota's  share  of  the  indebtedness  of  the  Territory  of  Dakota,  a  general 
election  law,  a  law  to  promote  irrigation,  and  a  law  empowering  the  governor  to 
appoint  a  commission  to  compile  the  laws.  This  commission  discovered  in 
searching  the  statutes,  that  there  was  no  law  for  the  election  of  presidential 
electors.  The  absence  of  which  debarred  the  people  from  voting  for  the  Presi- 
dent, or  for  a  state  canvassing  board  to  canvass  the  vote  cast  for  Congress,  presi- 
dential electors,  state,  legislative  or  judicial  officers.  The  commission  reported 
this  fact  to  the  governor  in  May,  1891,  who  called  a  special  session  of  the  Legis- 
lature to  convene  at  Bismarck  on  June  i,  1891. 

In  the  meantime,  the  commission  prepared  bills  to  remedy  the  defects,  and 
Governor  Burke  submitted  them  to  the  Legislature,  which  enacted  them  and  the 
state  voted  for  electors  the  first  time  in  1892,  when  Grover  Cleveland  was  elected 
to  the  presidency.  Governor  Burke  vetoed  a  bill  favored  by  the  farmers'  alliance, 
which  compelled  railroads  to  lease  sites  on  their  right  of  way  for  the  building  of 


418  HISTORY  OF  NORTH  DAKOTA 

elevators   and   warehouses,   for   the  storage  of   grain,   on   terms   and  conditions 
obnoxious  to  the  railroads. 

The  governor  considered  the  bill  unconstitutional.  The  farmers"  alliance 
resented  his  action  and  joining  forces  with  the  democrats  formed  a  fusion 
party  and  although  Burke  had  been  nominated  by  the  dominant  republican  party 
for  a  second  term,  defeated  him  at  the  polls.  Like  his  predecessor,  John  Miller, 
he  left  the  state  and  engaged  in  the  grain  business  at  Duluth,  Minn.,  but  was 
unsuccessful.  When  he  was  appointed  through  the  influence  of  Senator  Nelson, 
of  Minnesota,  an  inspector  of  United  States  land  offices,  he  moved  with  his 
family  to  Washington,  D.  C,  but  toward  the  close  of  McKinley's  first  adminis- 
tration moved  to  the  State  of  Colorado,  and  later  to  New  Mexico. 

THE   SHORTRIDGE   ADMINISTRATION 

The  farmers'  alliance,  the  populists  and  the  democrats  of  the  state  fused  and 
elected  Eli  C.  D.  Shortridge,  of  Grand  Forks  County,  as  the  successor  of  Burke. 
As  forty-nine  days  of  the  session  of  the  Legislature  which  convened  during  his 
regime  as  governor  were  consumed  in  the  election  of  a  LTnited  States  senator, 
there  was  little  time  for  law  making,  and  outside  of  appropriations  for  the  main- 
tenance of  the  public  institutions  of  the  state  the  principal  laws  enacted  and 
approved  by  the  governor,  were  a  law  authorizing  the  issuance  of  $50,000  of  bonds 
to  construct  the  south  wing  of  the  capitol  building.  The  governor  was  chairman 
of  the  building  committee  and  constructed  this  wing  in  1894;  a  law  creating  a 
commission  to  revise  and  codify  the  laws ;  a  general  drainage  law ;  the  purchase 
of  an  executive  mansion ;  and  an  appropriation  for  a  state  elevator  at  Duluth, 
Minn.  This  was  a  pet  measure  of  his  administration,  and  was  earnestly  sup- 
ported by  Governor  Shortridge ;  a  constitutional  amendment  prohibiting  lottery 
and  gift  enterprises  was  passed  by  the  Legislature  and  referred  to  the  next  suc- 
ceeding Legislature  to  be.  if  approved  by  it.  submitted  to  a  vote  of  the  people. 

Governor  Shortridge  as  chairman  of  the  State  Auditing  Board,  refused  to 
audit  or  direct  the  payment  of  the  accounts  of  the  compilation  commission,  which 
had  been  appointed  by  Governor  Burke,  and  had  completed  its  labors,  and  made 
final  report  of  its  doings  to  the  Legislature.  This  commission  brought  an  action 
in  the  nature  of  mandamus  in  the  District  Court  of  Grand  Forks  County,  before 
Chas.  F.  Templeton,  judge,  who  granted  an  order  directing  him  as  chairman  of 
the  State  Auditing  Board  to  audit  the  accounts,  and  the  state  auditor  to  issue 
his  warrants  in  .payment  thereof,  or  show  cause  why  they  should  not  so  do. 
Upon  the  hearing  of  this  order,  the  state  was  represented  by  William  H.  Standish, 
its  attorney-general ;  John  G.  Hamilton,  chairman  of  the  commission,  appeared 
for  it.  After  taking  testimony  and  listening  to  argument  by  the  respective  coun- 
sel. Judge  Templeton  granted  a  peremptory  writ  of  mandamus  which  ordered 
the  governor  to  audit  the  accounts,  the  auditor  to  issue  his  warrants  upon  the 
state  treasurer,  for  the  amount  of  the  same,  and  the  state  treasurer  to  pay  them. 
No  appeal  to  the  Supreme  Court  was  taken  from  this  writ  and  the  governor 
approved  the  accounts,  the  state  auditor  issued  his  warrants  therefor,  and  they 
were  paid  by  the  treasurer. 

The  balloting  for  United  States  senator  began  on  January  l8th.  the  leading 
candidates  were  Lyman  R.  Casey,  a  republican,  and  John  D.  Benton  and  William 


^ortl]  ^akota  ^ong. 


WoRls  by  F    H   Taylor. 
Jamesiown  College. 


Music  by  C.  S.  BrcK. 


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1 
2 

3. 


North  Da  -  ko  -  ta,      hail     to 

In     thy  pure  and   brae  -  ing 
Thine  a    doub  -  le      gift    to 


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man 


Grand-ly  vast'  and  vir  -  gin 
In     thy     toil    and  test,    they 
Chance  to  live  and    room  lo 


i^liiE=f^=fE^^ 


land.  On  thy  prair-ies  wide  and  free,  There  is  scope  for  soul  and  hand, 
find  Healthy  vi  -  gor  fresh  and  rare,  For  the  bod  -  y  and  the  mind, 
grow  On     a      lar-ger,  loft  -  ier  plan  Than  the  world  was  wont  iol<now. 


fc&; 


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By  the  chal-lenge  of  thy  tasks,  Need- ing  faith  and  cour  -  age 
On  Uiy  soil  rich  liar-vests  thrive,  Not  a  -  lone  of  grass  and 
North  Da-ko-ta,       hail    to      thee     Still    un  -  fet  -  tered    by      the 

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new.  By  the  hope  each  brave  heart  asks.  Thou  hast  called  the  men  that  do. 
grains,  But  of  thougbls  from  minds  a-live,     Far  oul-reach-ing  like  thy  plains, 
past      May  thy  fu  -  lure  ev-  er    be.     May  thy  youth-ful  vi  -  gor  last. 


-I — ■ — r- 

CoDvrilfht  19H.  by  F.  R  Taylor. 


HISTORY  OF  NORTH  DAKOTA  419 

N.  Roach,  democrats,  though  many  other  persons  received  coniphmentary  votes. 
The  repubhcans  who  had  a  nominal  majority  of  the  Legislature,  held  a  caucus 
and  agreed  upon  Mr.  Casey  as  their  candidate,  but  through  some  invisible  influ- 
ence, twelve  republicans  refused  to  enter  the  caucus,  or  be  bound  by  its  action. 
On  the  sixty-first  ballot  taken  on  the  forty-ninth  day,  six  republicans  from  Grand 
Forks  County,  together  with  other  republicans  from  Burleigh,  Cass,  Pembina  and 
Walsh  counties,  voted  for  the  democratic  candidate,  William  N.  Roach,  who 
received  fifty  votes,  and  was  declared  elected  senator. 

Alexander  McKenzie,  who  was  the  principal  manager  of  Casey's  campaign, 
characterized  the  political  aspostasy  of  the  republicans  who  voted  for  Roach,  by 
saying:  "I  bow  to  the  Benedict  Arnolds  and  traitors  of  North  Dakota." 

When  Governor  Shortridge  retired  from  his  office,  he  was  deeply  involved 
financially.  He  was  appointed  clerk  of  the  United  States  Land  Office  at  Devils 
Lake,  to  which  city  he  moved  and  where  he  died,  February  4,  1908. 

THE  ROGER  ALLIN   ADMINISTRATION  ' 

Roger  Allin,  a  republican  and  farmer  of  Walsh  County,  succeeded  Shortridge. 
No  legislation  of  special  import  was  submitted  to  him  for  approval,  except  the 
garnishment  laws,  laws  for  the  protection  of  dairy  products,  establishing  a  fish 
hatchery  providing  for  a  geological  survey  of  the  state,  and  creating  a  historical 
commission,  and  the  general  appropriations  for  the  support  and  maintenance  of 
the  public  institutions  of  the  state.  The  Legislative  Assembly  of  the  Shortridge 
administration  in  anticipation  that  the  state  would  have  sufficient  revenue  from 
taxes  to  meet  the  same,  had  made  large  appropriations  for  all  state  purposes.  The 
panic  of  1893  caused  a  depression  of  business  throughout  the  nation,  crops  were 
poor  in  the  state,  and  the  prices  obtained  for  farm  products  low,  and  as  a  conse- 
quence the  people  were  unable  to  pay  their  taxes,  and  a  heavy  indebtedness 
incurred  by  virtue  of  the  appropriations  of  the  Shortridge  administration  existed 
at  its  close. 

The  Allin  administration  inherited  it.  The  Legislative  Assembly  overlooked 
this  fact,  and  made  appropriations  of  the  public  money  in  excess  of  the  current 
revenue  from  taxes,  with  the  intent,  as  Governor  Allin  believed  and  so  expressed 
himself  at  the  time,  to  discredit  his  administration.  When  the  appropriations  bills 
reached  him,  he,  reasoning  from  his  experience  in  careful  and  successfull  man- 
agement of  his  own  affairs,  felt  that  he  was  rebuking  the  tendency  to  excessive 
appropriations,  and  was  leading  up  to  rigid  economy,  which  was  the  watchword 
of  his  administration,  availed  himself  of  the  constitutional  provision,  which 
empowered  the  governor  to  veto  separate  items  of  the  appropriation  bill,  and 
vetoed  the  items  for  the  maintenance  of  the  university,  and  the  normal  schools 
at  Valley  City  and  ^layville.  reducing  the  appropriations  for  Valley  City  and 
Mayville  from  $24,000  and  $24,860  to  $4,600  and  $7,760  respectively ;  the  univer- 
sity from  $63,000  to  $15,980.  or  merely  enough  to  complete  the  current  college  year. 
The  agricultural  college  received  $11,250  of  the  $19,000  appropriated  bv  the 
Legislature. 

This  act  was  severely  criticized  and  condemned  by  the  people  living  in  Grand 
Forks,  Traill  and  Barnes  counties,  as  unnecessary  and  a  discrimination  against 
the  educational  interests  of  the   state.     The   people   residing  in   the  immediate 


420  HISTORY  OF  NORTH  DAKOTA 

vicinity  of  these  institutions,  together  with  others  from  other  parts  of  the  state, 
and  from  friends  of  education  from  other  states,  raised  sufficient  funds  to  main- 
tain them  for  two  years.  Subscriptions  to  the  amount  of  $24,513.90  were  secured 
from  private  sources,  for  the  maintenance  of  the  university,  $1,287.50  was  con- 
tributed from  outside  the  state.  The  amount  contributed  for  the  support  of  the 
normal  schools  of  Mayville  and  Valley  City  is  not  a  matter  of  record. 

Receipts  and  in  some  instances  certificates  were  issued  to  these  contributors, 
the  expectation  being  that  the  state  would  in  the  near  future  redeem  them.  These 
receipts  and  certificates  were  in  no  sense  legal  obligations  of  the  state,  but  they 
were  issued  by  the  trustees  appointed  to  govern  these  institutions  and  certainly 
are  moral  obligations  of  the  state,  and  should  be  redeemed  by  the  state.  No  gov- 
ernor of  the  state,  however,  has  had,  in  view  of  the  financial  resources  of  the 
state,  the  courage  to  reconmiend  their  redemption,  and  no  Legislature  the  courage 
10  appropriate  therefor. 

The  action  of  Governor  Allin  in  vetoing  these  appropriations  contributed  to 
defeating  his  nomination  by  his  party  for  a  second  term  to  wliich  he  aspired. 
He  retired  from  public  life  at  the  end  of  one  term  as  governor  and  continued 
living  moderately  and  quietly  at  his  home  in  Park  River,  Walsh  County,  as  a 
retired  farmer. 

FR.\NK   A.    BRIGGS   ."^ND   JOSEPH    M.    DEVINE  ADMINISTRATION 

Frank  A.  Briggs  of  Mandan,  a  republican,  was  the  successor  of  Governor 
Allin.  He  had  filled  with  conspicuous  ability  the  office  of  state  auditor,  and 
understood  the  financial  resources  of  the  state,  and  was  well  equipped  to  admin- 
ister its  affairs,  but  unfortunately  he  died  of  tuberculosis  in  July,  1898,  and 
Joseph  M.  Devine,  by  virtue  of  his  office  as  lieutenant-governor,  filled  the  unex- 
pired term. 

During  the  life  time  of  Governor  Briggs,  the  Legislative  .'\ssembly  passed 
and  he  approved  a  general  railway  law  regulating  the  transportation  of  pas- 
sengers and  freight,  and  a  general  revenue  law,  many  of  its  provisions  having 
been  suggested  by  the  governor.  The  system  of  taxation  prescribed  in  this  law 
has  stood  since  as  the  law  of  the  state  with  but  little  change.  One  section  was 
held  unconstitutional  by  the  Supreme  Court. 

THE    FANCHER    ADMINISTRATION 

Frederick  B.  Fancher,  of  Jamestown,  a  republican,  who  had  been  president 
of  the  constitutional  convention  and  served  the  state  with  rare  fidelity  as  insur- 
ance commissioner,  for  four  years,  was  inaugurated  governor  in  January,  181)9. 
The  most  notable  event  of  his  administration  was  the  establishment  of  a  twine 
and  cordage  plant  in  the  penitentiary.  He  was  renominated  by  his  party  for  gov- 
ernor, but  by  reason  of  ill  health  declined  the  honor.  He  moved  to  Sacramento, 
Cal.,  in  1900,  and  there  engaged  in  mercantile  pursuits. 

ADMINISTRATION    OF    FRANK    WHITE 

When  Governor  Fancher  declined  a  renomination  by  his  party,  the  Republi- 
can   State   Committee   substituted   Frank   White   of  Valley   City   for  the  place. 


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HISTORY  OF  NORTH  DAKOTA  421 

Mr.  White  had  made  a  reputation  as  a  soldier  in  the  Phihppines,  where  he  served 
as  a  major  in  the  First  North  Dakota.  He  had  proved  himself  "in  stern  fight  a 
warrior  grim,  in  camp  a  leader  sage."  He  was  not  only  a  courageous  and  effi- 
cient soldier,  but  was  an  experienced  legislator.  He  had  a  good  grasp  of  civil 
affairs.  He  was  elected  in  November,  1900,  and  inaugurated  in  January,  1901, 
and  served  as  governor  until  January,  1905. 

During  his  administration  the  Legislature  passed  and  he  approved  laws 
establishing  an  electric  railway  line  from  the  capitol  building  to  the  penitentiary, 
to  be  owned  and  operated  by  the  state,  and  establishing  an  institution  for  the  feeble 
minded  at  Grafton. 

The  north  wing  of  the  capitol  building  was  constructed  during  his  admin- 
istration, and  funds  for  the  same  were  provided  by  the  issuance  of  $100,000  of 
bonds  secured  by  the  lands  granted  by  the  National  Government  to  the  state  for 
the  erection  of  a  capitol  building  and  other  public  buildings  at  the  seat  of  gov- 
ernment. The  necessity  for  additional  buildings  and  equipment  for  the  public 
institutions  of  the  state  was  imperative,  and  the  financial  resources  of  the  state 
were  insufficient  to  meet  them.  The  state  could  not  issue  bonds  for  the  purpose, 
as  its  debt  limit  of  $200,000  was  reached,  and  the  scheme  was  devised  for  the 
issuance  of  bonds  to  be  known  as  institution  bonds.  The  payment  of  the  interest 
and  principal  thereof  to  be  secured  by  the  pledge  of  the  lands  allotted  to  each 
institution  from  the  grant  of  500,000  acres  of  land  by  the  United  States.  By 
various  acts  of  the  Legislature,  the  normal  school,  the  university  and  school  of 
mines,  the  agricultural  college,  the  hospital  for  the  insane,  and  the  blind  asylum, 
the  deaf  and  dumb  asylum,  and  the  industrial  school,  were  authorized  to  issue 
bonds  which  aggregated  a  total  of  $581,000. 

The  bonds  of  the  normal  school  at  Valley  City  in  the  sum  of  $60,000,  for  the 
erection  of  necessary  buildings,  were  issued.  They  were  to  run  for  twenty  years, 
with  annual  interest  at  4  per  cent,  and  were  sold  to  the  Board  of  University  and 
School  Lands  at  par.  The  warrant  of  the  Board  of  University  and  School  Lands 
was  drawn  on  the  funds  in  the  custody  of  Daniel  H.  McMillan,  state  treasurer, 
who  refused  to  honor  the  same.  The  Board  of  University  and  School  Lands  then 
sued  out  a  writ  of  mandamus  in  the  Supreme  Court  to  compel  the  state  treasurer 
to  pay  the  warrant,  and  place  the  bonds  to  the  credit  of  the  Board  of  University 
and  School  Lands,  or  show  cause  why  he  should  not  do  the  same. 

In  this  action  the  Board  of  University  and  School  Lands  were  represented 
by  C.  N.  Frich,  the  attorney-general  of  the  state,  and  Guy  C.  H.  Corliss,  of 
Grand  Forks.  Newman  Spalding  &  Stambaugh,  of  Fargo,  appeared  for  the 
state  treasurer.  The  court  denied  the  writ.  It  held  that  the  state  constitution 
restricted  the  board  in  investing  funds  for  the  permanent  school  fund  to  four 
classes  of  securities,  among  which  is  "bonds  of  the  State  of  North  Dakota." 
And  bonds  of  the  State  of  North  Dakota  included  only  such  bonds  as  are  valid 
and  constitutional  within  the  constitutional  debt  limit  and  so  certified  by  the  state 
auditor  and  secretary  of  state,  the  payment  of  which  is  provided  for  by  an  irre- 
pealable  tax  levy  in  the  act  which  authorized  their  issuance.  That  the  act  which 
authorized  the  issuance  of  $60,000  in  bonds  to  procure  funds  to  erect  and  equip 
buildings  of  the  State  Normal  School  at  Valley  City,  and  appropriating  a  suffi- 
cient portion  of  the  interest  and  income  dedicated  to  the  support  of  that  institu- 
tion to  repay  the  principal  and  pay  the  interest  on  the  sum  so  borrowed  is  uncon- 


422  HISTORY  OF  NORTH  DAKOTA 

stitutional  and  void,  as  it  authorized  the  creation  of  a  state  debt  in  excess  of  the 
state  debt  limit  and  violates,  therefore,  the  state  constitution. 

2.  It  authorizes  the  creation  of  a  state  debt  and  does  not  provide  for  a  tax 
levy  to  pay  the  principal  and  interest  as  required  by  the  constitution. 

3.  It  diverts  the  interest  and  income  dedicated  to  the  support  of  this  insti- 
tution to  the  payment  of  a  state  debt  in  violation  both  of  the  Enabling  Act,  and 
of  the  state  constitution. 

John  M.  Cochrane,  judge  of  the  Supreme  Court,  died  on  the  20th  day  of  Uily- 
1904,  and  the  governor  appointed  Edward  Engerud,  of  Fargo,  to  the  vacancy 
thus  created. 

The  Legislature  also  created  the  Eighth  judicial  District,  and  the  governor 
appointed  L.  J.  Palda,  of  Minot,  judge  of  this  district. 

Upon  the  expiration  of  his  second  term.  Governor  White  returned  to  his  home 
at  Valley  City  and  engaged  in  the  insurance  business,  and  was  appointed  by 
Governor  Hanna  in  191 5  as  a  member  of  the  Board  of  Regents,  which  has  the 
charge  of  all  the  educational  institutions  of  the  state. 

THE  SARI.ES  ADMINISTR.\TION 

Elmore  H.  Sarles,  a  banker  of  Hillsboro,  Traill  County,  was  elected  to  suc- 
ceed Governor  White  in  November.  1904.  and  was  inaugurated  governor  in 
January,  1905.  Governor  Sarles  was  a  sagacious,  prudent  and  far-seeing  business 
man,  and  his  administratiori  is  notable  for  measures  tending  to  promote  the 
material  interests  and  protect  the  morals  and  health  of  the  state,  and  to  improve 
the  government  of  cities  and  municipalities  of  the  state. 

Among  the  laws  tending  to  advocate  and  improve  and  promote  the  state's 
material  interests,  were : 

1.  A  complete  irrigation  code. 

2.  Providing  for  the  creation  and  regulation  of  water  users'  associations. 

3.  Regulating  the  manufacturing  and  sale  of  dairy  products. 

4.  Organization  of  life  insurance  companies. 

5.  Organization  and  regulation  of  state  banks,  placing  them  under  the  super- 
vision and  control  of  a  state  banking  board. 

6.  Regailating  the  operation  of  automobiles. 

7.  Providing  for  a  state  census. 

8.  Creating  thie  office  of  inspector  of  weights  and  measures. 

9.  Providing  for  the  compilation  and  publishing  of  the  revised  codes  of  1905. 
To  protect  the  health  of  the  people,  were : 

10.  A  pure  drug  law. 

11.  A  pure  food  law. 

To  improve  the  government  of  cities  and  other  municipalities,  were: 

12.  A  new  charter  for  cities. 

13.  Establishment  of  park  districts  for  cities. 

14.  The  right  of  way  for  electric  roads  in  cities. 

15.  Providing  police  for  unorganized  towns. 

16.  To  preserve  the  purity  of  election,  our  primary  election  law. 

The  Legislative  Assembly  of  1905  enacted  a  law  also  for  the  reconstruction 
of  the  capitol  building  and  the  erection  of  a  suitable  residence  for  the  governor. 


A  VIE\V  OF  THE  CAMPUS,  STATE  XORMAL-INDUSTRIAL  SCHOOL,  ELLENDALE 


.MECHANIC  ARTS  BUILDING,  STATE  NORMAL-INDUSTRIAL  SCHOOL, 

ELLENDALE 


HISTORY  OF  NORTH  DAKOTA  423 

on  lots  owned  by  the  state,  by  a  board  of  capitol  commissioners,  appointed  by 
the  governor,  by  and  with  the  consent  of  the  Senate. 

Governor  Sarles  appointed  as  such  commission  William  Budge,  of  Grand 
Forks;  Dan  J.  Laxdahl,  of  Cavalier,  and  Andrew  Sandager,  of  Lisbon;  who 
were  promptly  confirmed  by  the  Senate.  They  gave  the  bonds  required  by  the 
statute  and  organized  by  the  selection  of  William  Budge  as  chairman  and  Thomas 
Shaw  of  Pembina  as  secretary.  The  board  was  required  by  the  statute  to  utilize 
in  the  plans  and  specifications  for  the  capitol  building  the  newly  constructed 
north  wing,  and  so  much  of  the  other  portions  of  the  capitol  building  as  in  their 
opinion  could  be  used  to  advantage  with  regard  to  appearance  and  serviceable- 
ness  of  the  building,  and  to  sell  such  material  in  the  present  state  capitol  building 
as  they  deemed  to  be  unavailable  for  use  in  the  building  and  pay  the  proceeds 
thereof  to  the  state  treasurer  to  be  credited  by  him  to  the  capitol  building  fund. 

APPROPRIATIONS 

The  Legislature  appropriated  for  building  capitol  and  executive  mansion  the 
sum  of  $600,000.  To  obtain  this  sum  the  Board  of  University  and  School  Lands 
were  by  this  same  statute  directed  to  sell  sufficient  lands  belonging  to  the  state 
and  granted  for  the  purpose  of  erecting  public  buildings  and  capitol  building, 
by  the  act  of  Congress,  known  as  the  Enabling  Act,  or  Omnibus  Bill. 

In  anticipation  of  the  receipts  of  proceeds  from  the  sales  of  such  lands,  the 
commission  was  authorized  to  issue  certificates  of  indebtedness  in  a  sum  not 
exceeding  six  hundred  thousand  dollars  bearing  5  per  cent  interest,  payable 
annually. 

The  commission  advertised  for  bids,  then  an  application  was  made  to  the 
Supreme  Court  upon  the  relation  of  George  Rusk  for  a  writ  of  injunction. 
George  A.  Bangs,  John  A.  Sorley  of  Grand  Forks,  and  Burleigh  F.  Spalding  of 
Fargo,  represented  the  relator.  C.  N.  Frich.  attorney-general  of  the  state,  and 
Tracy  R.  Bangs,  who  had  been  retained  by  the  commission  to  assist  the  attorney- 
general,  appeared  for  the  commission.  The  Supreme  Court  held  the  law  uncon- 
stitutional and  invalid,  as  an  unwarranted  delegation  of  legislative  power  in  that 
the  commission  had  unlimited  discretion  as  to  the  cost  of  the  capitol  building,  and 
the  cost  of  the  executive  mansion,  though  by  the  way  limited  to  $600,000. 

No  specific  sum  for  capitol  or  mansion  was  appropriated  by  the  Legislature 
and  agents  or  officers  of  a  state  are  not  invested  with  powers  of  a  purely  gov- 
ernmental or  legislative  character,  it  should  be  noted  here  that  this  commission 
were  de  facto  officers  for  some  services,  and  in  good  faith  incurred  some  expenses 
outside  of  the  compensation  allowed  them  by  the  statute.  They  retained  Tracy 
R.  Bangs  to  defend  the  commission  law  in  the  Supreme  Court,  but  when  the 
decision  of  the  court  was  against  them  they  failed  to  pay  him  for  his  services 
rendered  in  that  capacity  and  the  Legislature  of  the  future,  it  is  to  be  hoped,  will 
provide  the  necessary  funds  to  cover  this  expense. 

GOVERNOR  RENOMINATED 

Governor  Sarles  was  renominated  by  his  party  in  convention  assembled  for 
the  governorship.     While  as  governor  he  had  administered  the  fiscal  affairs  of 


424  HISTORY  OF  NORTH  DAKOTA 

the  state  with  sagacity  and  fidehty,  yet  this  was  forgotten  by  the  people  and 
because  he  had  appointed  John  Knauff,  of  Jamestown,  to  the  Supreme  Court  to 
fill  the  vacancy  caused  by  the  resignation  of  Judge  N.  C.  Young,  he  incurred 
the  opposition  of  the  lawyers  of  the  state,  who  were  favorable  to  Judge  Charles 
J.  Fisk,  and  this  opposition,  together  with  that  of  the  State  Enforcement  League 
and  the  Woman's  Christian  Temperance  Union  and  prohibition  defeated  him  at 
the  polls.  At  the  expiration  of  his  term  of  office  he  returned  to  Hillsboro,  con- 
tinued in  his  banking  business  and  engaged  also  extensively  in  farming  and 
deaHng  in  real  estate. 

JOHN    BURKE   ADMINISTRATION 

John  Burke,  a  lawyer  of  Devils  Lake,  was  elected  governor  in  1906,  after  a 
strenuous  campaign  during  which  he  canvassed  all  portions  of  the  state  with 
such  force,  political  skill  and  foresight  in  the  formation  and  management  of 
political  parties  as  to  secure  the  endorsement  and  the  support  of  the  radical 
progressive  element  in  the  republican  party,  as  well  as  the  prohibition  pany. 
This  coalition  stood  with  him  throughout  his  gubernatorial  career;  as  a  conse- 
quence, although  in  political  faith,  he  was  a  democrat,  he  was  re-elected  governor 
in  a  republican  state  and  served  in  that  capacity  three  consecutive  terms.  His 
administration  is  particularly  notable  for  legislation  to  enforce  the  prohibition 
law  and  to  advance  the  cause  of  temperance  in  the  state.  The  prohibition  law 
of  1889  was  strengthened  and  its  enforcement  facilitated  by  laws  advocated  and 
approved  by  him,  which  authorized  the  seizure  and  confiscation  of  intoxicating 
liquors  imported  into  the  state  with  or  without  a  warrant,  holding  the  owner  of 
a  building  where  liquor  was  kept  for  sale  and  sold  as  a  beverage  liable  for  the 
unlawful  use,  druggists'  permits  were  to  be  granted  by  District  Courts,  after 
hearing  of  the  application  therefor,  notice  of  application  to  be  published  for 
thirty  days  preceding  the  hearing.  Liquor  advertising  was  declared  unlawful. 
The  use  of  liquor  on  passenger  trains,  or  in  state  institutions  was  prohibited, 
and  the  giving  away  or  distribution  of  liquor  to  be  used  as  a  beverage  was  de-. 
clared  a  violation  of  the  prohibition  law.  Most  important  of  all  the  actions  to 
enforce  the  prohibition  law  was  the  one  authorizing  the  appointment  of  a  tem- 
perance commission  and  making  an  appropriation  of  $8,000  to  carry  out  its 
provisions.  The. commission  was  authorized  and  empowered  to  exercise  in  every 
part  of  the  state  all  of  the  common  law  and  statutory  powers  of  the  states 
attorneys  in  the  enforcement  of  the  law  against  the  manufacture  and  sale  of 
intoxicating  liquor,  and  empowering  also  the  appointment  of  deputies  and  special 
enforcement  sheriffs  where  the  local  authorities  failed  to  enforce  the  law.  The 
Supreme  Court  of  the  state  in  "Ex  Parte  Corliss,"  reported  in  16  N.  D.  470, 
held  the  law  unconstitutional,  as  it  sought  to  displace  the  regularly  elected  states 
attorney  and  sheriff  in  any  county  so  far  as  the  enforcement  of  the  "prohibition 
law"  was  concerned.  "The  framers  of  the  constitution  considered  it  more  con- 
ducive to  the  public  welfare  to  have  the  functions  of  these  officers  performed  by 
the  officers  elected  by  the  people,  than  to  entrust  them  to  officers  otherwise  chosen." 
In  the  direction  of  political  reform  during  his  administration  there  was  enacted 
a  general  primary  election  law,  a  corrupt  practice  act,  and  providing  for  the 
primary  election  of  delegates  to  national  conventions  of  all  parties  and  appro- 


EX-GOVERNOR  JOHN  BITRKE 


HISTORY  OF  NORTH  DAKOTA  42& 

priating  $200  to  each  delegate  to  presidential  national  conventions  to  cover  his 
expenses. 

In  the  line  of  economy  and  to  promote  the  general  puhhc  welfare  was  the 
establishment  of  a  hail  insurance  department  in  the  office  of  the  commissioner 
of  insurance,  the  creation  of  a  tax  commission  to  supervise  the  assessment  and 
collection  of  revenue  of  the  state,  and  to  discover  and  place  on  the  tax  roll  prop- 
erty heretofore  escaping  taxation. 

In  the  same  line  of  economy  was  the  creation  of  a  board  of  control  of  the 
normal  schools  of  the  state,  and  a  board  of  control  for  the  management  of  the 
charitable  and  reformatory  and  penal  institutions,  also  an  anti-pass  law. 

A  feature  of  Burke's  administration  which  won  him  the  confidence  and  com- 
mendation of  the  people,  was  his  unremitting  attention  to  his  public  duties ;  to 
his  private  affairs  and  professional  practice,  he  gave  no  time.  All  his  energies 
and  abilities  were  devoted  to  the  state.  His  insistence  that  all  state  officers  should, 
during  their  office  life,  reside  at  the  "seat  of  government"  and  personally  super- 
vise and  conduct  the  affairs  of  their  respective  offices,  instead  of  leaving  their 
administration  to  the  care  of  deputies  while  they  pursued  their  private  business 
at  their  homes,  as  had  in  many  instances  in  past  administrations  been  done,  was 
also  a  feature  that  contributed  largely  to  his  popularity  with  the  people. 

During  his  regime  as  governor,  Martin  N.  Johnson,  who  had  been  elected 
United  States  senator  to  succeed  Henry  C.  Hansborough,  died,  and  he  appointed 
Judge  Fountain  L.  Thompson,  of  Cando,  to  fill  the  unexpired  term  imtil  a  meet- 
ing of  the  Legislature.  Judge  Thompson  served  for  a  few  months  when  he 
resigned  because  of  impaired  health,  and  Governor  Burke  then  appointed  Wil- 
liam E.  Purcell,  of  Wahpeton,  as  his  successor. 

NON-P.'\RTIS.'\N    APPOINTMENTS 

Burke  was  not  a  partisan  when  it  was  his  duty  to  select  judges  either  for  the 
Supreme  Court  or  District  Court;  in  filling  such  positions  he  selected  lawyers 
of  unquestioned  integrity  and  who  possessed  the  legal  knowledge  and  attainments 
befitting^  a  judge. 

In  1907  he  appointed  Burleigh  F.  Spalding,  a  republican  judge  of  the  Supreme 
Court,  as  the  successor  of  Edward  Engerud.  resigned. 

In  January,  1909,  when  the  membership  of  the  Supreme  Court  was  increased 
from  three  to  five,  he  appointed  John  Camiody,  of  Hillsboro,  a  democrat,  and 
S.  E.  Ellsworth,  of  Jamestown,  a  republican,  as  judges  of  the  Supreme  Court. 

In  191 1,  upon  the  death  of  Judge  David  E.  iMorgan,  he  appointed  Andrew 
A.  Bruce,  dean  of  the  University  Law  School,  a  republican,  to  fill  the  vacancy. 

In  1907  Charles  J.  Fisk  was  elected  to  the  Supreme  Court,  thus  leaving  a 
vacancy  in  the  First  Judicial  District.  To  fill  this  vacancy  he  appointed  Charles 
F.  Templeton,  a  democrat. 

Judge  E.  B.  Goss,  of  the  Eighth  Judicial  District,  was  elected  to  the  Supreme 
bench  and  he  appointed  K.  E.  Leighton,  a  republican,  to  fill  the  vacancy- 

On  the  election  of  E.  T.  Burke  to  the  Supreme  Court,  J.  E.  Coffey,  a  democrat, 
was  appointed  in  the  fifth  district. 

LIpon  the  creation  of  the  Eleventh  Judicial  District,  he  appointed  Frank  Fisk, 
a  democrat,  as  the  first  judge  thereof,  and  similarly  upon  the  creation  by  the 


426  HISTORY  OF  NORTH  DAKOTA 

Legislature   of   the   Twelfth  Judicial  District,   he  appointed   S.   L.   Nuchols.   of 
Mandan,  a  democrat,  as  judge  of  the  district. 

In  the  Baltimore  convention,  which  nominated  Woodrow  Wilson  for  Presi- 
dent, Burke  was  the  choice  of  his  party  in  this  state  for  vice  president,  and  he 
polled  a  very  substantial  vote  in  the  convention  for  that  office.  Among  the  early 
official  appointments  of  President  Wilson,  was  his  appointment  of  John  Burke  as 
treasurer  of  the  United  States,  which  office  he  now  holds. 

ADMINISTR.VTION   OF  LOUIS  B.   HANN.\ 

The  republican  party  in  191 1  was  in  a  demoralized  condition,  being  split  into 
factions  who  were  fighting  among  themselves  for  political  supremacy,  and  it 
was  apparent  that  unless  a  leader  could  be  found,  able  to  compose  the  differences 
of  the  discordant  elements  and  sufficiently  strong  with  the  people  to  secure  their 
support  at  the  polls,  there  was  eminent  danger  of  its  disintegration,  and  a  per- 
petuation of  democratic  fusion  rule  in  the  state.  The  thinking  conservative 
republicans  regarded  Louis  B.  Hanna,  of  Fargo,  as  the  most  available  man  for 
the  purpose  and  solicited  him  to  become  a  candidate  for  the  governorship  in  the 
primary  election  to  be  held  in  June.  Among  the  reasons  which  induced  these 
elements  to  unite  on  Hanna,  was  his  record  as  a  legislator  in  both  branches  of 
the  Legislature,  where  he  had  shown  unusual  capacity  in  advocating  measures 
for  the  betterment  of  the  people.  The  fidelity  with  which  he  looked  after  the 
interests  of  the  state  in  Congress  also  commanded  the  respect  and  confidence  of 
all  classes.  "The  need  of  the  hour"  was  a  man  not  only  experienced  in  legis- 
lative procedure,  but  one  trained  in  business  affairs,  who  could  extricate  tha 
state  from  its  financial  difficulties  and  keep  it  moving  forward  on  safe  and  sane 
lines.  Hanna  responded  to  this  call  and  became  a  candidate  for  the  governor- 
ship at  the  primaries  in  June,  1912,  and  was  nominated  and  elected  governor  in 
November,  1912.  He  resigned  his  seat  in  Congress,  was  inaugurated  governor 
in  January,  1913,  and  delivered  his  inaugural  message  to  the  Legislative  Assembly 
on  January  10,  1913.  The  message  dwelt  upon  the  educational  necessities  in  the 
state,  especially  the  need  of  better  schools  in  the  country  districts,  to  keep  the 
farmers  upon  their  farms  by  providing  schools  that  would  furnish  to  country 
children  the  same  opportunity  for  higher  education  as  those  enjoyed  by  children 
in  cities.  Efficient  high  grade  schools  should  be  established  in  the  districts  to 
equip  the  boys  and  girls  for  their  life  work  as  well  as  to  relieve  the  state  institu- 
tions from  doing  secondary  school  work.  In  lucid,  pertinent  and  persuasive 
language,  Hanna  recommended  the  adoption  of  a  uniform  system  of  accounting 
and  reporting  by  the  state.  The  same  system  should  be  used  in  every  state 
intsitution  and  there  should  be  a  uniformity  of  system  in  all  county  auditors  and 
treasurers'  offices.  The  state  institutions  should  have  such  a  system  as  would 
enable  their  managing  officers  to  render  a  trial  balance  of  receipts  and  disburse- 
ments at  all  times  and  should  send  such  trial  balance  at  the  close  of  each  month 
to  the  auditor  of  state.  He  expressed  the  hope  that  legislation  would  be  enacted 
to  warrant  and  empower  the  governor  to  employ  a  firm  of  expert  accountants  to 
inaugurate  a  uniform  system  of  accounting  throughout  the  state. 

The  Legislature  responded  to  this  recommendation.  It  empowered  the 
governor  to  employ  accountants  to  devise  and  inaugurate  a  system  and  appro- 


Dairy  Building 

Ceres  HiUl 

Enginecriiii;  Hiiikliiig 


I^ibrary 

Chemistry   Building 

Dairy  Barn 


Administration  Bnildiiig 
BUILDINGS   OF   AGRICULTURAL   COLLEGE    AT    FARGO 


HISTORY  OF  NORTH  DAKOTA  427 

priatcd  funds  to  cover  the  expense.  For  the  Hrst  time  in  the  history  of  the  state 
the  huul  grant  of  the  state  was  "checked  up"  and  adjusted  and  every  depart- 
ment of  state  was  accurately  audited  from  the  beginning,  and  a  uniform  system 
of  accounts  was  estabhshed  in  each  department  of  the  state,  and  in  every  state 
institution.  The  system  is  in  force  in  many  of  the  counties  and  is  being  extended 
to  incorporated  cities  and  towns.  Its  vahie  can  not  be  over-estimated,  and  credit 
must  be  given  Mr.  Hanna  not  only  for  suggesting  this  system,  but  also  for  putting 
it  in  force. 

lie  suggested  the  desirability  of  a  "state  fire  marshal"  and  the  Legislature 
created  the  office  and  authorized  him  to  appoint  one. 

He  further  recommended  that  some  provision  be  made  whereby  commercial 
traveling  men.  railroad  men,  and  railway  mail  clerks  could  vote  when  away  from 
home,  and  the  "absent  voting"  law-  resulted. 

lie  suggested  that  the  game  law  be  amended  so  as  to  prohibit  spring  shooting 
of  geese,  and  the  establishment  of  a  "state  fish  hatchery"  with  an  appropriation 
of  a  sufficient  sum  from  the  general  fund  to  maintain  it,  instead  of  using  for 
that  purpose  a  part  of  the  "game  fund."  The  Legislature  adopted  this  suggestion 
and  enacted  the  necessary  laws. 

He  stated  in  his  message  that  the  coal  imported  into  the  state  was  not  of  the 
quality  or  standard  the  people  paid  for,  and  as  a  consequence  the  Legislature 
provided  for  coal  inspection  and  the  quality  of  coal  shipped  into  the  state  has 
materially  improved. 

EXnUilTS    ()!•■    PRODUCTS 

The  opening  of  the  Panama  Canal  and  the  prospective  advantage  to  the  state 
therefrom  were  briefly  referred  to  and  his  suggestion  that  the  state  would  be 
benefited  by  an  exhibition  of  its  products,  its  soil  and  grasses,  at  the  Panama 
Pacific  International  Exposition  at  San  Francisco,  was  favorably  considered  and 
an  appropriation  was  granted  for  the  erection  of  a  building  to  house  the  exhibits. 

During  the  administration  of  Governor  Burke,  the  battleship  North  Dakota 
was  launched  and  a  fund  to  ptirchase  a  silver  service  to  be  preseented  to  the  ship 
by  proposed  subscription  of  $i  from  individuals  was  raised.  The  ''silver  service" 
was  ordered  but  the  fund  contributed  during  the  Burke  regime  was  $2,500  less 
than  its  costs.  This  sum  Mr.  Hanna  raised  by  private  contriliutions.  and  he 
personally  presented  the  service  to  the  ship,  May  5,  19 15. 

The  fiftieth  anniversary  of  the  decisive  battle  of  Gettysburg  was  celebrated 
in  July,  1913,  by  a  reunion  of  the  survivors  of  the  Civil  war,  both  L^nion  and 
Confederate,  and  he  asked  the  Legislature  "as  a  matter  of  sentiment  and  patriot- 
ism" to  appropriate  money  to  defray  the  expenses  of  all  the  old  veterans  in  the 
state  who  could  attend  the  reunion.  The  Legislature  made  the  appropriation. 
Governor  Hanna  accompanied  the  soldiers  from  the  state  and  participated  in 
all  the  events  of  that  great  occasion.  He  was  not  a  soldier  himself,  as  he  was 
born  in  1861.  but  was  a  son  of  a  soldier  who  had  fought  at  Gettysburg,  It  is 
needless  to  add  that  no  part  of  the  legislative  appropriation  was  used  by  him. 
He  defrayed  his  own  expenses  and  the  old  soldiers  had  the  benefit  of  the  state 
appropriation. 


428  HISTORY  OF  NORTH  DAKOTA 

EXPERIMENTAL    STATION 

During  his  career  in  Congress  he  was  largely  instrumental  in  securing  an 
"experimental  station"  to  be  located  in  the  north  section  of  the  "great  plains" 
to  demonstrate  the  kind  and  character  of  plants,  shrubs  and  trees  adapted  to  the 
climate  and  soil  of  the  semi-arid  lands  of  the  United  States.  The  "station"  was 
located  near  the  City  of  Mandan.  To  secure  this  location  for  the  state  it  was 
stipulated  that  320  acres  of  land  adjoining  land  purchased  by  the  Government, 
should  be  deeded  to  the  North  Dakota  Agricultural  College  for  the  use  of  the 
"department  of  agriculture"  in  the  establishment  and  maintenance  of  a  field 
station  in  conducting  experiments  in  dry  land  agriculture.  This  land  was  pur- 
chased and  deeded  by  the  citizens  of  Mandan.  The  governor  recommended  that 
as  the  experimental  station  was  for  the  benefit  of  the  whole  state,  these  citizens 
should  be  reimbursed.     The  Legislature  complied. 

His  experience  as  a  banker  convinced  him  that  the  people  should  be  protected 
in  their  iflvestments  in  bonds  and  stocks.  The  state  had  been  exploited  by  min- 
ing, oil  and  insurance  companies  with  little  substance  or  capital  behind  them,  to 
the  great  financial  loss  of  many  of  its  citizens.  The  Legislature  passed  what 
is  popularly  known  as  "The  Blue  Sky  Law."  It  affords  the  desired  protection. 
The  Legislature  of  1913  appropriated  $8,000  for  an  exhibit  at  Christiania,  Nor- 
way, the  governor  appointed  a  commission  to  gather  exhibits  of  the  products  of 
the  state,  photographs  of  farm  buildings,  churches,  educational  buildings  erected 
by  Scandinavian  people,  all  tending  to  show  the  progress  and  advancement  of 
Norway's  sons  in  this  state,  and  the  opportunities  which  the  state  afforded  for 
future  emigrants.  A  fund  was  raised  by  the  citizens  of  all  nationalities  and  a 
statue  of  Abraham  Lincoln  was  bought.  The  governor,  the  members  of  his 
staff',  and  a  large  committee  of  prominent  Scandinavians  accompanied  the  "com- 
mission" to  Norway,  and  Governor  Hanna  personally,  in  behalf  of  the  citizens 
of  North  Dakota,  presented  the  statue  of  Abraham  Lincoln  to  the  King  of  Nor- 
way. The  King  of  Norway  in  September,  191 5,  conferred  upon  Governor  Hanna 
"the  order  of  St.  Olaf"  of  the  first  class.  It  is  the  highest  civic  decoration  given 
by  the  Norwegian  government. 

During  Governor  Hanna's  absence  in  Norway  a  primary  election  campaign 
for  the  nomination  of  governor  and  state  oflficers  was  on.  The  governor  was  a 
candidate  for  re-nomination.  No  opposition  was  anticipated.  His  management 
of  the  fiscal  aft'airs  of  the  state  justified  the  belief  that  he  would  be  endorsed 
by  all  factions  of  his  party.  In  the  distribution  of  the  patronage  at  his  disposal 
he  had  recognized  all  factions,  all  his  appointments  were  based  on  the  ability 
and  character  of  the  appointee  to  render  efficient,  honest  and  economic  service  to 
the  state,  rather  than  as  rewards  for  political  service.  There  was  not  enough 
patronage  to  reward  all  the  applicants,  the  disappointed  ones  and  a  few  irrecon- 
cilable progressives  initiated  a  campaign  of  opposition,  notwithstanding  which 
Hanna  was  re-nominated  and  re-elected  in  November,  1914.  He  was  inaugurated 
for  his  second  term  in  January,  191 5. 

FINANCES 

Governor  Hanna's  message  to  the  Fourteenth  Legislative  Assembly  was  de- 
voted mainly  to  the  finances  of  the  state.    An  examination  of  the  financial  condi- 


> 
tJ. 


HISTORY  OF  NORTH  DAKOTA  429 

tioii  of  the  state  disclosed  the  fact  that  in  January,  1913,  when  he  entered  upon 
the  office  of  governor,  the  state  had  an  outstanding  indebtedness  of  $500,479.99. 
There  was  cash  in  the  state  treasury  to  the  credit  of  the  general  fund  to  the 
amount  of  $71,496.94.  It  was  estimated  that  there  would  be  received  from  un- 
collected taxes  of  the  past  biennial  period  enough  to  reduce  this  indebtedness  to 
approximately  $300,000. 

The  income  of  the  state  from  all  sources  was  inadequate  to  pay  for  the  main- 
tenance of  the  state  government  and  meet  the  appropriation  for  state  institutions 
and  miscellaneous  subjects  authorized  by  the  Legislature.  The  state  was  de- 
riving revenue  from  oil  inspection,  to  the  amount  of  about  one  hundred  thousand 
dollars  a  year,  but  the  oil  companies  of  the  state  instituted  an  action  contesting 
the  constitutionality  of  this  law,  as  a  revenue  producer,  and  the  state  was  enjoined 
from  the  collection  of  the  fees  for  inspection  pending  the  final  determination  of 
the  action.  H  the  Supreme  Court  should  hold  that  the  fees  for  oil  inspection 
•could  legally  be  exacted  to  cover  the  cost  of  inspection  only,  and  that  the  present 
law  went  beyond  this,  and  was  a  law  to  raise  revenue,  the  court  would  declare  the 
law  invalid,  and  about  $100,000  due  for  inspection  of  oils  would  be  uncollectable. 
There  was  therefore  an  imperative  need  of  increased  revenue  to  meet  the  cur- 
rent expenses.  To  meet  this  prospective  deficiency  the  Legislature  enacted  an 
inheritance  tax,  and  the  state  board  of  equalization  in  August,  1915,  raised  the 
assessment  of  real  and  personal  property  as  returned  by  the  county  auditors  to  the 
state  auditor,  nearly  forty  million  dollars. 

The  constitution  of  the  state  limits  the  levy  for  all  state  purposes  to  4  mills, 
but  authorizes  an  additional  levy  sufficient  to  pay  the  interest  on  the  public  debt. 
The  levy  for  state  purposes  is  made  by  the  state  board  of  equalization,  but  the 
Legislature  had  made  levies  for  specific  purposes  to  the  amount  of  1.47  mills, 
this  deducted  from  4  mills  left  but  2.53  mills  that  could  be  levied  for  the  general 
fund  to  conduct  the  business  of  the  state.  This  would  yield  an  amount  entirely 
inadequate  to  pay  the  current  expenses  of  the  state  for  any  one  fiscal  year,  and  it 
was  necessary,  therefore,  for  the  Legislature  to  cease  making  special  levies. 

BUDGET    PRESENTED 

Governor  Hanna  had  learned  in  Congress  that  it  was  a  wise  plan  to  have  an 
estimate  or  budget  of  the  probable  expenditures  of  the  state  of  the  coming 
biennial  period,  as  well  as  an  estimate  of  the  revenue.  Mr.  Hanna  prepared  such 
a  budget  and  submitted  it  to  the  Legislature.  It  was  the  first  time  in  the  history 
of  the  state  that  an  effort  had  been  made  to  put  the  state  expenses  together  and 
have  a  bill  that  in  one  measure  covered  the  major  expenses  of  the  state. 

BONDED   INDEBTEDNESS 

The  bonded  indebtedness  of  the  state  on  January  i,  1913,  was  $937,300;  nil 
but  $200,000  of  this  amount  was  for  territorial  bonds  which  the  state  assumed 
and  agreed  to  pay  when  the  Territory  of  Dakota  was  divided.  In  the  intervening 
period  between  January  i,  1913,  and  January  i,  1915,  bonds  to  the  amount  of 
$320,000  were  paid  from  the  fund  and  actually  retired,  and  on  July  i,  1915,  an 
additional  issue  of  $55,300  of  bonds  was  paid  and  retired,  leaving  a  bonded 


430  HISTORY  OF  NORTH  DAKOTA 

indebtedness  at  that  date  of  $502,000  and  reducing  the  actual  interest  account 
of  the  state  by  some  $18,000. 

BOARD   OF    REGENTS 

The  governor  recommended  that  all  of  the  state  educational  institutions  be 
placed  under  the  control  and  management  of  a  single  board  to  be  known  as  the 
board  of  regents.  He  deemed  this  advisable  not  only  from  the  standpoint  of 
economy,  Imt  also  as  he  cogently  expressed  it,  it  would  "delocalize  and  make 
them  state  institutions."  The  necessary  legislation  creating  a  l)oard  of  regents 
and  repealing  laws  which  provided  separate  boards  or  trustees  of  each  institution 
was  enacted.  The  governor  w'as  authorized  and  it  was  his  duty  to  nominate 
before  March  2,  191 5,  and  by  and  with  the  consent  of  the  Senate  to  appoint  a 
board  of  five  persons  who  were  to  meet  at  the  seat  of  government  on  the  first 
Tuesday  in  April,  191 5,  and  organize.  The  governor  nominated  as  members  of 
the  first  board,  Lewis  F.  Crawford,  of  Sentinel  Butte,  fomier  Governor  Frank 
^^'hite.  of  \''alley  City,  Dr.  J.  D.  Taylor,  of  Grand  Forks,  Emil  Scow,  of  Bow- 
man, and  James  A.  Power,  of  Leonard,  and  they  were  confirmed  by  the  Senate, 
but  they  were  prevented  from  organizing  in  April,  as  F.  B.  Hellstrom  invoked 
the  provisions  of  the  referendum  law  and  circulated  petitions  to  have  it  sub- 
mitted to  a  vote  of  the  people.  He  failed,  however,  to  obtain  the  required 
number  of  signatures,  and  the  board  organized  on  the  8th  day  of  July,  191 5,  by 
the  election  of  Lewis  F.  Crawford,  as  president,  Frank  White,  as  vice  president, 
and  Charles  Brewer,  as  secretary.  The  board  is  a  very  able  one,  all  its  members 
are  college  bred  men,  and  are  well  equipped  to  manage  the  fiscal  affairs  of  the 
institutions. 

IMMIGR.'^TION 

Another  measure  that  Air.  Hanna  advocated  and  the  Legislature  approved 
was  the  creation  of  a  State  Board  of  Immigration.  It  is  highly  probable  that 
the  disastrous  war  in  Europe  will  lead  to  an  exodus  of  farmers  from  the  coun- 
tries involved,  after  its  close.  The  state  needs  the  farmers  and  artisans  and  an 
efifort  should  be  made  to  secure  a  part  of  this  emigration.  An  appropriation  for 
this  purpose  of  $25,000,  available  for  maintenance  of  the  board  of  immigration 
in  1915,  and  $35,000  available  for  maintenance  in  1916,  was  enacted  and  it  re- 
dounds to  the  credit  of  Mr.  Hanna  that  he  persuaded  the  Legislature  to  take  up 
this  work  for  the  first  time.  The  organization  of  this  board  has,  however,  been 
prevented  by  the  circulation  of  petitions  under  the  referendum  law.  One  form  of 
the  petitions  is  directed  against  the  law  in  its  entirety,  another  against  the  appro- 
priation section.  Neither  petition  secured  the  requisite  number  of  signatures  to 
suspend  the  law,  but  both  combined  did,  and  an  action  followed  to  compel  the 
organization  of  the  board  on  the  ground  that  the  petitions  can  not  be  combined, 
and  therefore  the  law  is  in  full  force  and  effect. 

DOURINE 

By  reason  of  the  spread  of  a  disease  known  as  dourine  among  horses,  many 
of  the  farmers  and  stockmen  of  the  state  suffered  great  losses.     It  was  necessary 


o 


o 


HISTORY  OF  NORTH  DAKOTA  431 

in  order  to  stamp  out  the  disease  to  kill  horses  afflicted  with  it.  The  Federal 
Government  agreed  to  pay  one-half  the  appraised  value  of  all  horses  killed  by 
order  of  the  Federal  or  state  veterinaries,  if  the  government  of  the  state  promised 
to  recommend  to  the  State  Legislature  to  appropriate  a  sufficient  sum  to  pay  the 
other  half.  Governor  Hanna  agreed  to  this  arrangement  with  the  Federal  Gov- 
ernment, and  upon  his  recommendation  the  Legislature  appropriated  enough  to 
pay  half  of  the  amount  of  the  claims  presented  for  horses  killed.  All  claims  have 
been  fully  satisfied.     The  epidemic  was  checked  and  apparently  stamped  out. 

LAWS 

An  inheritance  tax  was  enacted  during  his  administration,  which,  it  was 
expected,  would  yield  an  amount  annually  equal  to  one-half  of  the  loss  of  fees 
from  oil  inspection. 

The  law  providing  for  uniform  text  books  in  public  schools  of  the  state  will 
save  a  large  sum  annually  to  the  patrons  of  the  schools,  as  will  the  law  reducing 
the  legal  rate  of  interest  to  6  per  cent  and  the  contract  rate  to  lo  per  cent. 

The  law  authorizing  state  banks  to  become  members  of  the  Federal  Reserve 
system  will  also  benefit  the  people.  The  state  banks  can  always  obtain  a  supply 
of  money  to  move  the  crops  in  the  fall  and  at  better  rates  than  formerly. 

In  remembrance  of  the  fact  that  the  "poor  are  always  with  us"  the  Legis- 
lature enacted  "a  mother's  pension  law,"  whereby  mothers  with  dependent  chil- 
dren and  without  means  to  support  them  can  receive  a  monthly  pension  from 
the  county  of  their  residence. 

The  establishment  of  a  state  sanitarium  for  the  treatment  and  care  of  tuber- 
culosis was  a  feature  of  the  Hanna  administration.  It  is  located  at  the  foot  of 
the  Turtle  Mountains  and  is  open  to  all  residents  who  are  victims  of  that  dread 
disease,  without  charge. 

The  law  empowering  the  Board  of  Railroad  Commissioners  to  regulate  the 
rates  for  water,  gas  and  electric  light  companies  and  placing  telephone  companies 
under  their  control  will  relieve  portions  of  the  state  from  further  excessive 
charges  and  will  equalize  and  make  uniform  the  charges  for  service  throughout 
the  state. 

TEMPEE.^NCE 

The  prohibition  law  of  1889  has  during  this  administration  been  further 
strengthened  by  a  provision  defining  "boot  legging"  and  making  it  a  crime  pun- 
ishable by  imprisonment  in  the  penitentiary,  legalizing  inspection  by  state's  attor- 
neys and  others  of  the  records  and  way  bills  of  freight  and  express  companies, 
relating  to  intoxicating  liquors,  prescribing  penalties  for  receiving  or  receipting 
for  intoxicating  liquors  in  fictitious  names  and  declaring  places  where  parapher- 
nalia was  used  for  purposes  of  gambling,  public  nuisances,  which  could  be  closed 
by  injunction,  the  paraphernalia  confiscated  and  destroyed  upon  the  conviction  of 
the  keeper  of  the  place. 

The  first  attempt  of  any  state  to  test  the  efficacy  of  the  provisions  of  the 
Federal  Webb-Kenyon  Law  to  prevent  the  importation  into  the  state  of  intoxi- 
cating liquors  by  common  carriers  was  made  in  the  Hanna  regime.     Henry  J. 


432  HISTORY  OF  NORTH  DAKOTA 

Linde,  attorney-general  of  the  state,  instituted  actions  in  the  state  courts  to 
enjoin  the  Northern  Pacific,  Great  Northern  and  the  Soo  railroads  from  receiv- 
ing for  transportation  or  delivery,  intoxicating  liquors  consigned  to  any  resident 
of  the  state.  The  state  courts  issued  temporary  restraining  orders  against  each 
of  these  companies.  The  companies  affected  transferred  the  suits  to  the  Federal 
Court,  but  stipulated  that  the  temporary  injunction  should  remain  in  full  force 
pending  the  final  determination  of  the  actions.  One  case  has  been  tried  before 
Judge  Amidon,  the  Federal  district  judge  and  submitted.  When  he  renders  a 
final  judgment  it  is  probable  an  appeal  will  be  taken  therefrom  to  the  Supreme 
Court  of  the  United  States.  If  the  law  is  upheld  by  that  court,  the  shipment  of 
intoxicating  liquors  in  unusual  quantities  will  stop.  The  source  of  supply  being 
cut  off,  blind  pigs  or  unlawful  places  for  the  sale  of  liquor  can  not  operate  and 
the  sale  of  intoxicating  liquors  to  be  drunk  as  a  beverage  will  cease. 

WOMAN    SUFFRAGE 

The  question  of  extending  suffrage  to  the  women  of  the  state  was  submitted 
to  the  people  at  the  general  election  in  November,  1914,  and  was  defeated.  Since 
statehood,  women  have  had  the  privilege  of  voting  for  all  school  offices  and  were 
eligible  to  hold  school  offices.  Two  have  been  elected  to  the  office  of  state  super- 
intendent of  public  instruction,  viz. :  Mrs.  Laura  J.  Eisenhuth  and  Miss  Emma 
Bates.  Both  discharged  the  duties  ably  and  creditably.  One-third  of  the  coim- 
ties,  including  the  most  populous  ones,  have  elected  women  as  county  superin- 
tendents of  schools  and  almost  every  district  has  one  or  more  women  as  school 
officers.  It  is  worthy  of  note  that  in  territorial  days  before  the  division  of  the 
Dakota,  the  Legislature  of  1885  passed  a  bill  conferring  full  suffrage  upon 
women.  But  Gilbert  A.  Pierce,  then  governor  of  the  territory,  vetoed  it.  To 
Dr.  Cora  Smith  King,  now  living  at  Washington,  D.  C,  and  who  was  then 
Miss  Cora  Smith,  of  Grand  Forks,  belongs  the  credit  of  persuading  the  Legis- 
lature to  pass  this  law.  The  curtain  has  not  yet  been  "rung  down"  on  this  sub- 
ject. The  advocates  of  suffrage  are  still  campaigning  and  expect  to  carry  the 
state  when  it  is  again  submitted  to  a  vote  of  the  people. 

THE  soldiers'  HOME  AT  LISBON 

The  home  is  maintained  without  cost  to  the  state  from  the  revenue  derived 
from  the  land  grant  of  40,000  acres  by  the  government.  Out  of  the  funds  they 
spent  $13,000  to  take  165  of  the  veterans  to  the  fiftieth  anniversary  of  the  Battle 
of  Gettysburg,  the  superintendent  having  charge  of  the  trip,  all  veterans  residing 
in  the  state  being  entitled  to  railroad  fare  and  expenses  of  the  trip. 

The  institution  also  takes  care  of  the  expenses  of  the  Grand  Army  of  the 
Republic,  the  state  spending  $1,500  a  year  for  this  purpose. 

The  bill  creating  the  home  was  signed  Februarj'  27th,  1891,  12  o'clock  noon, 
in  the  presence  of  Hon.  M.  L.  Engle,  deceased;  Hon.  H.  S.  Oliver,  deceased; 
Hon.  L.  C.  Hill,  deceased;  A.  H.  Laughlin,  the  legislative  committee.  The  bill 
was  signed  by  Governor  Andrew  H.  Burke  and  was  known  as  Senate  Bill  No.  60. 

The  home  opened  on  August  ist.  1893.  with  Col.  W.  W.  Mcllvain,  com- 
mandant who  served  ten  years  and  resigned  on  April  1st,  1903.     He  was  sue- 


HISTORY  OF  NORTH  DAKOTA  433 

ceeded  by  Col.  John  W.  Carroll,  a  veteran  of  the  regular  army,  seeing  service 
in  the  Civil  war. 

The  home  was  originally  built  to  accommodate  thirty  men,  but  has  been  en- 
larged and  extended  to  double  its  capacity.  The  grounds  cover  eighty-five  acres 
and  is  one  of  the  beauty  spots  of  the  state.  It  is  located  on  the  Sheyenne  River, 
one  mile  from  the  center  of  Lisbon,  in  a  grove  of  native  trees.  The  spot  is  a 
delight  to  the  eye. 

The  original  land  was  homesteaded  by  Henry  Cramer  and  was  bought  from 
his  widow,  Caroline  Cramer.    Eighty  acres  bought  and  five  acres  later  added. 

NORTH  DAKOTA  IN  CONGRESS 

Lyman  R.  Casey,  a  senator  from  North  Dakota ;  born  in  York,  Living- 
ston Coimty,  N.  Y.,  May  6,  1837;  when  very  young  moved  with  his  parents  to 
Ypsilanti,  Mich. ;  in  the  hardware  business  for  many  years ;  settled  in  Dakota  in 
1882,  at  Carrington,  Foster  County ;  chairman  of  the  North  Dakota  Committee  on 
Irrigation;  commissioner  of  Foster  County;  elected  as  a  republican  to  the  United 
States  Senate  and  served  from  November  25,  1889,  to  March  3,  1893 ;  located  in 
New  York  City. 

Gilbert  A.  Pierce,  a  senator  from  North  Dakota ;  born  in  East  Otto,  Cattaragus 
County,  N.  Y. ;  moved  to  Indiana  in  1854;  attended  the  University  of  Chicago 
Law  School  two  years ;  enlisted  in  Company  H,  Ninth  Indiana  Volunteers,  in 
1 86 1,  and  elected  second  lieutenant  of  the  company;  appointed  captain  and  assist- 
ant quartennastef  by  President  Lincoln ;  promoted  to  lieutenant  colonel  in  Novem- 
ber, 1863;  appointed  a  colonel  and  inspector,  and  special  commissioner  of  the  war 
department,  and  served  until  October,  1865 ;  member  of  the  Indiana  Legislature 
in  1868;  assistant  financial  clerk  of  the  United  States  Senate,  1869-1871 ;  resigned 
to  accept  an  editorial  position  on  the  Chicago  Inter-Ocean ;  served  as  associate 
editor  and  managing  editor  for  twelve  years ;  became  connected  with  the  Chicago 
News  in  1883;  appointed  governor  of  Dakota  in  July,  1884;  resigned  in  Novem- 
ber, 1886;  elected  as  a  republican  to  the  United  States  Senate,  and  served  from 
November  21,  1889,  to  March  3,  1891 ;  died  in  Chicago,  111.,  February  15,  1901. 

Henry  C.  Hansbrough,  a  representative  and  a  senator  from  North  Dakota ; 
born  in  Randolph  County,  III.,  January  30.  1848;  attended  the  common  schools; 
learned  the  art  of  printing  and  engaged  in  newspaper  publishing  in  California, 
Wisconsin,  and  Dakota  Territory;  became  a  resident  of  the  last  named  in  1881  ; 
twice  elected  mayor  of  Devils  Lake ;  delegate  to  the  Republican  National  Conven- 
tion in  1888;  national  committeeman  for  eight  years;  elected  as  a  republican,  upon 
the  admission  of  the  State  of  North  Dakota  into  the  Union,  to  the  Fifty-first  Con- 
gress and  served  from  December  2,  1889,  until  March  3,  1891  ;  elected  to  the 
United  States  Senate,  January  23,  1891 ;  re-elected  in  1897  and  1903,  and  served 
from  March  4,  1891,  until  March  3,  1909;  resident  of  Devils  Lake,  N.  D. 

Alartin  N.  Johnson,  a  representative  and  a  senator  from  North  Dakota ;  born 
in  Racine  County,  Wis..  March  3,  1850;  moved  with  parents  to  Iowa  the  same 
year;  was  graduated  from  the  law  department  of  the  Iowa  State  University  in 
1873;  taught  two  years  in  the  California  Military  Academy  in  Oakland.  Cal. ;  was 
admitted  to  the  bar  in  1876;  returned  to  Iowa,  and  was  a  member  of  the  State 
House  of  Representatives  in  1877;  state  senator,   1878-1882;  Hayes  elector  for 


434  HISTORY  OF  NORTH  DAKOTA 

the  Dubuque  District  in  1876;  moved  to  Dakota  Territory  in  1882;  district 
attorney  of  Nelson  County  in  1886  and  1888;  member  of  the  Constitutional  Con- 
vention of  North  Dakota  in  1889,  and  chairman  of  the  First  Republican  State  Con- 
vention same  year;  elected  as  a  republican  to  the  Fifty-second,  and  to  the  three 
succeeding  congresses  (March  4,  1891-March  3,  1899)  ;  elected  to  the  United 
States  Senate,  and  served  from  March  4,  1909,  until  his  death  in  Fargo,  N.  D., 
October  21.  1909. 

William  N.  Roach,  a  senator  from  North  Dakota ;  born  in  Loudoun  County. 
Va.,  September  25,  1840:  attended  the  city  schools  and  Georgetown  College;  clerk 
in  the  quartermaster's  department  during  the  Civil  war;  moved  to  Dakota  Terri- 
tory in  1879;  interested  in  mail  contracts  for  several  years;  took  up  land  in 
Dakota  and  engaged  in  agriculture;  mayor  of  Larimore,  1883-1887;  member  of 
the  Territorial  Legislature,  session  of  1885;  democratic  candidate  for  governor 
at  the  first  state  election  and  defeated ;  renominated  at  the  next  election  and  again 
defeated ;  elected  to  the  LTnited  States  Senate  and  served  from  March  4,  1893, 
to  March  3,  1899;  moved  to  New  York  City,  where  he  died  September  7,  1902. 

Porter  J.  McCumber,  a  senator  from  North  Dakota;  born  in  Illinois,  February 
3,  1858;  moved  to  Rochester,  Minn.,  the  same  year;  attended  the  common  schools; 
taught  school  for  a  few  years ;  was  graduated  from  the  University  of  Michigan  in 
1880;  moved  to  Wahpeton,  N.  D.,  in  1881,  and  practiced  his  profession;  mem- 
ber of  the  Territorial  Legislature  in  1885  and  1887;  attorney-general  1887-1888; 
elected  as  a  republican  to  the  United  States  Senate  January  20,  1899,  for  the  term 
commencing  March  4,  1899;  re-elected  in  1905.  and  served  from  March  4.  1899. 
to  March  3,  191 1.    Re-elected  for  the  term  commencing  March  4,  191 1. 

Burleigh  F.  Spalding,  a  representati\e  from  North  Dakota ;  born  in  Crafts- 
bury,  Orleans  County,  Vt.,  December  3.  1853;  attended  the  Lyndon  Literary 
Institute.  Lyndon,  Vt.,  and  was  graduated  from  Norwich  University  in  1877 ; 
studied  law  in  Montpeliar,  Vt.,  and  was  admitted  to  the  bar  in  March,  1880,  and 
commenced  practice  in  Fargo,  N.  D. ;  superintendent  of  public  instruction  of 
Cass  County,  Dakota  Territory,  from  1882  to  1884;  member  of  commission  to 
relocate  capital  of  the  Territory  of  Dakota  and  build  capitol ;  member  of  the 
North  Dakota  Constitutional  Convention  in  1889;  member  of  the  joint  commis- 
sion provided  by  the  Enabling  Act  to  divide  the  property  and  archives  of  the 
Territory  of  Dakota  between  the  states  of  North  and  South  Dakota ;  twice  elected 
chairman  of  the  Republican  State  Central  Committee ;  chairman  of  the  Cass 
County  Republican  Committee ;  elected  as  a  republican  to  the  Fifty-sixth  Con- 
gress (March  4,  1899-March  3,  1901 )  ;  re-elected  to  the  Fifty-eighth  Congress 
(March  4,  1903-March  3,  1905)  ;  associate  justice  of  the  Supreme  Court  of  North 
Dakota  in  i()07;  re-elected  in  1908;  chief  justice  of  the  State  Supreme  Court  in 
1911. 

Thomas  Frank  Marshall,  a  representative  from  North  Dakota ;  born  in 
Hannibal,  Mo.,  March  7,  1854;  attended  the  State  Normal  School.  Platteville. 
Grant  County,  Wis.;  became  a  surveyor;  moved  to  Dakota  in  1873  and  engaged 
in  banking;  mayor  of  Oakes,  N.  D.,  for  two  terms;  state  senator  four  years; 
delegate  in  the  Republican  National  Convention  in  Minneapolis  in  1892;  elected 
as  a  republican  to  the  Fifty-seventh,  Fifty-eighth,  Fifty-ninth,  and  Sixtieth 
congresses  (March  4,  1901-March  3,  1909). 

Asle  J.  Gronna.  a  representative  and  a  senator  from  North  Dakota;  liorn  in 


THE  HEADER 
North  Dakota  harvest  scene 


HARVESTING  SCENE  IN  NORTH  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  435 

Elkader,  Clayton  County,  Iowa,  December  lo,  1858;  moved  with  his  parents  to 
Houston  County,  Minn.,  where  he  attended  the  public  schools  and  the  Caledonia 
Academy ;  taught  school  for  two  years  in  Wilmington,  Minn. ;  moved  to  Dakota 
Territory  in  1879,  and  engaged  in  farming  and  teaching;  in  1880  moved  to  Bux- 
ton, Traill  County,  and  engaged  in  business;  moved  to  Lakota,  Nelson  County, 
in  1887 ;  member  of  the  Territorial  Legislature  of  1889 ;  served  as  president  of 
the  village  board  of  trustees  and  president  of  the  board  of  education  several 
terms;  in  1902  became  chairman  of  the  County  Central  Committee  of  Nelson 
County,  and  was  re-elected  to  the  position  in  1904;  appointed  a  member  of  the 
Board  of  Regents  of  the  University  of  North  Dakota  by  Governor  Frank  White 
in  1902;  elected  as  a  republican  to  the  Fifty-ninth,  Sixtieth,  and  Sixty-first 
congresses  and  served  from  March  4,  1905,  until  February  2,  191 1,  when  he 
resigned ;  elected  to  the  United  States  Senate,  to  fill  vacancy  caused  by  death  of 
Martin  N.  Johnson  and  for  the  term  ending  March  3,  1915,  and  took  his  seat 
February  2,  191 1. 

P^ountain  L.  Thompson,  a  senator  from  North  Dakota ;  born  near  Scottsville, 
111.,  November  18,  1854;  moved  to  Girard,  111.,  in  1865,  where  he  resided  until 
1888;  attended  grammar  and  high  schools  in  Girard,  111.;  studied  law,  was  admit- 
ted to  the  bar,  but  did  not  practice;  member  of  the  Board  of  Supervisors  of 
Macoupin  County;  entered  mercantile  business  in  1872;  moved  to  a  farm  near 
Cando,  Towner  County,  N.  D.,  in  1888;  delegate  in  the  first  democratic  county 
convention  that  assembled  after  statehood,  and  was  chosen  chairman ;  county 
judge  for  eight  years;  in  1891  he  engaged  in  the  real  estate  and  loan  business  in 
Cando,  and  later  established  the  Thompson  Realty  Company,  of  which  com- 
pany he  was  president;  vice  president  of  the  First  National  Bank  of  Cando,  and 
president  of  the  First  National  Bank  of  Rocklake ;  interested  in  farming ;  school 
director  six  years,  alderman  of  Cando  four  years,  and  mayor  two  years ;  appointed 
as  a  democrat  United  States  senator  to  fill  vacancy  caused  by  the  death  of 
]\Iartin  N.  Johnson  and  served  from  November  10,  1909,  to  January  31,  1910. 
when  he  resigned. 

William  E.  Purcell,  a  senator  from  North  Dakota;  born  in  I'lemington,  N.  J., 
August  3,  1856;  attended  common  schools;  studied  law,  was  admitted  to  the  bar 
of  New  Jersey  in  1880;  went  to  Dakota  Territory  in  July,  1881 ;  located  in 
Wahpeton,  was  appointed  by  President  Cleveland  United  States  attorney  for 
the  Territory  of  Dakota,  April  5.  1888;  resigned  in  May,  1S89,  having  been 
elected  a  member  of  the  constitutional  convention  for  the  new  State  of  North 
Dakota;  was  a  member  of  the  joint  committee  appointed  by  the  Constitutional 
Convention  of  North  Dakota  to  divide  the  property  and  adjust  the  indebtedness 
between  the  states  of  North  and  South  Dakota ;  district  attorney  of  Richland 
County,  N.  D.,  from  October,  1889,  to  January  i,  1891  ;  elected  state  senator 
in  November,  1906;  appointed  United  States  senator  January  29,  1910,  to  fill 
the  vacancy  in  term  commencing  March  4.  1909,  caused  by  the  death  of  .Martin 
N.  Tohnson  and  the  resignation  of  Fountain  L.  Thompson,  and  served  from 
February  i,  1910  to  February  i  191  t  ;  resumed  the  practice  of  law  in  \\'ahpeton, 
N.  D.    ' 

Louis  B.  Hanna,  a  representative  from  North  Dakota;  born  in  New  ISrighton. 
Pa.,  y\ugust  9,  1861 ;  attended  schools  of  Ohio.  Massachusetts,  and  New  York ; 
moved  to  North  Dakota  in  1881  ;  member  of  the  House  in  the  State  Legislature 


436  HISTORY  OF  NORTH  DAKOTA 

1895-1901;  member  of  the  State  Senate  1905-1909;  elected  as  a  republican  to 
the  Sixty-first  Congress  (March  4,  1909-March  3,  1911)-  Re-elected  to  the 
Sixty-second  Congress. 

Henry  T.  Helgesen,  republican,  of  Milton,  was  born  on  a  farm  near  Decorah, 
Winneshiek  County,  Iowa ;  received  his  education  in  the  public  schools  and  the 
Normal  Institute  and  Business  College  of  Decorah ;  after  graduating  entered  the 
mercantile  business  in  Decorah,  continuing  there  until  1887,  when  he  moved  to 
the  Territory  of  Dakota,  locating  at  Milton,  Cavalier  County,  engaging  in  the 
hardware,  furniture  and  lumber  business,  retiring  in  1906  and  devoting  his  time 
to  his  farm  lands;  he  was  married  in  1880  to  Bessie  H.  Nelson,  of  Decorah,  and 
has  a  family  of  three  boys  and  four  girls ;  became  actively  interested  in  local 
and  state  politics  soon  after  locating  in  Dakota,  and  was  the  first  commissioner 
of  agriculture  and  labor  of  the  new  State  of  North  Dakota,  and  was  re-elected  to 
the  same  office  in  1890;  has  served  ten  years  as  member  of  the  University  Board  of 
Regents ;  nearly  twenty  years  ago  he  began  a  fight  for  cleaner  politics  in  the 
state,  and  early  became  a  leader  in  the  progressive  movement;  was  elected  as 
congressman  at  large  in  1910,  and  on  the  reorganization  of  congressional  districts 
in  the  state  in  1912  was  elected  as  congressman  from  the  First  District  in  1912 
and  re-elected  in   1914. 

George  M.  Young,  republican.  Valley  City,  N.  D. ;  great-grandparents 
came  from  Ireland  to  United  States  a  little  over  a  century  ago,  settling  at  Oak 
Point,  St.  Lawrence  County,  N.  Y.,  and  the  next  generation  moved  to  Ontario, 
where  the  subject  of  this  sketch  was  born,  December  11,  1870,  at  Lakelet,  Huron 
County;  during  boyhood  he  and  his  widowed  mother  went  to  St.  Charles,  Mich., 
where  he  was  educated  in  the  public  and  high  schools  and  later  graduated  from  the 
University  of  Minnesota;  settled  at  Casselton,  N.  D.,  in  1890,  and  at  Valley  City 
in  1894;  married  Augusta  L.  Freeman,  St.  Charles,  Mich.,  and  has  one  child, 
Katherine  Adams,  six  years  old ;  served  in  the  State  Legislature  eight  years ; 
elected  to  Sixty-third  Congress ;  re-elected  to  Sixty-fourth  Congress,  receiving 
18,559  votes,  to  6,938  for  J-  J-  Weeks,  democrat,  and  1.524  for  N.  I.  Bjornstad, 
socialist. 

Patrick  D.  Norton,  republican,  of  Hettinger,  was  born  at  Ishpeming  Mar- 
quette County,  Mich.,  May  17,  1876;  moved  to  Ramsey  County,  N.  D.,  with 
his  parents  in  1883 ;  educated  in  the  common  schools  and  State  University  of 
North  Dakota;  graduated  from  University  of  North  Dakota  in  1S97  with  degree 
of  B.  A. ;  studied  law  at  the  State  University  and  was  admitted  to  practice  in 
1903 ;  is  engaged  in  the  active  practice  of  law  and  is  also  interested  in  banking, 
real  estate  business,  and  live-stock  raising,  has  been  elected  to  the  following 
offices:  county  superintendent  of  schools,  chief  clerk  of  the  House  of  Repre- 
sentatives, states  attorney,  and  secretary  of  state ;  since  taking  part  in  political 
afifairs  has  been  recognized  as  one  of  the  most  active  leaders  of  the  progressive 
republican  movement  in  North  Dakota ;  was  nominated  at  the  state-wide  primary 
in  June,  1910,  as  the  candidate  of  the  progressive  republican  organization  for 
secretary  of  state  and  was  elected  in  November  of  that  year  by  a  plurality  of 
more  than  thirty  thousand;  in  the  primaries  in  June,  1912,  he  won  the  republi- 
can nomination  for  Congress  after  a  most  exciting  campaign,  in  which  four 
other  prominent  republican  candidates  participated ;  was  elected  to  the  Sixty-third 
Congress  by  a  large  majority  over  his  democratic  and  socialist  opponents,  and 
was  re-elected  to  the  Sixty- fourth  Congress. 


CHAPTER  XXVII 
THE  CODES  OF  NORTH  DAKOTA 

TRUE   RELATION    TO    THE   CALIFORNIA    CODES THE    FIELD    CODES    FIRST   ADOPTED   IN 

DAKOTA  TERRITORY — THE  SUCCESSIVE  REVISIONS  AND  COMPILATIONS 

In  1873  Peter  C.  Shannon  and  Alphonzo  H.  Barnes  were  associate  justices 
of  the  Dakota  bench.  Chief  Justice  Geo.  W.  French  had  held  the  first  term 
of  court  in  1871,  in  what  afterward  became  North  Dakota,  and  a  second  term  in 
1872.  Chief  Justice  Shannon,  who  had  succeeded  Judge  French,  held  terms  of 
court  at  Pembina  in  June  and  September,  1873.  Judge  Barnes  succeeded  Judge 
Shannon  in  the  Northern  Dakota  district  in  1874,  Shannon  returning  to  the 
Yankton  district. 

Judge  Shannon,  about  this  time,  prepared  the  Criminal  Code  adopted  by  the 
Dakota  Legislature  of  1875,  and  took  a  leading  part  in  the  codification  of  the 
laws  under  the  act  of  1875,  adopted  in  1877.  Judge  Shannon  was  learned  in 
the  law  and  in  every  way  adapted  to  the  work  assigned  him.  He  was  most  ably 
assisted  by  Hon.  Bartlett  Tripp  and  Granville  G.  Bennett. 

No  better  statement  of  the  origin  of  the  codes  can  be  presented  than  that 
written  by  Judge  Shannon,  in  a  letter  to  the  writer  hereof  in  1895.  He  was 
then  residing  at  Canton,  S.  D.,  with  his  mental  powers  as  alert  as  in  his  younger 
days,  and  his  health  unbroken.     He  wrote: 

"It  is  erroneous  and  gravely  misleading  to  say  that  our  codes  were  taken 
bodily  from  California,  as  serious  results  might  spring  from  this  notion.  A  few 
facts  will  overthrow  it. 

"The  authors  of  the  codes,  comprising  such  eminent  jurists  as  Field,  Sherman, 
Bradford,  Graham  and  Noyes,  after  years  of  labor,  made  their  final  report  of 
the  civil  code  to  the  New  York  Legislature  in  February,  1865.  and  within  a 
year  thereafter  the  Legislature  of  Dakota  adopted  it.  Rejected  there,  it  found 
a  home  and  was  welcomed  here.    California  followed  our  lead  six  years  later. 

"The  first  draft  of  the  penal  code  was  laid  before  the  Legislature  in  1864, 
and  in  the  following  January  it  was  enacted  here.  California,  imitating  our 
example,  adopted  it  in  1872. 

"Our  civil  procedure  of  1867  was  not  borrowed  from  California,  l)ut  was 
extracted  from  the  New  York  original  of  1849,  ^he  parent  of  most  of  our  modern 
codes  on  the  subject. 

"Our  criminal  procedure  as  it  now  stands  was  prepared  to  suit  existing  terri- 
torial conditions  by  this  writer  in  1874.  and  was  passed  in  January,  1875.  It  was 
mainly  framed  from  the  New  York  originals. 

"Thus,  historically,  the  first  honor  and  the  just  praise  belong  to  Dakota.    We 

437 


438  HISTORY  OF  NORTH  DAKOTA 

did  not  take  our  codes  from  California.  Our  old  territorial  assemblies  in  this 
regard  built  well  and  wisely,  whether  they  were  aware  of  it  or  not,  and  laid 
broad  and  deep  the  foundations  of  perhaps  the  best  system  of  jurisprudence 
extant.  To  them  be  always  given  due  credit ;  and  it  would  be  well  for  future 
legislatures,  as  also  for  the  profession,  to  see  to  it  that  this  admirable  system 
be  not  marred  or  disjointed. 

"Without  looking  to  California  or  seeking  elsewhere,  the  truest  and  safest 
key  to  the  meaning  of  our  codes  is  to  be  found  in  the  notes  of  their  authors, 
appended  to  the  sections.     These  not  merely  illustrate  but  justify  the  text." 

It  is  well  said  that  Judge  Shannon  has  good  and  just  reason  to  congratulate 
himself  upon  his  great  work  as  Dakota's  chief  codifier.  That  code  will  always 
remain  his  monument. 

On  the  occasion  of  the  death  of  David  Dudley  Field.  Judge  Shannon  wrote  the 
Sioux  Falls  Press: 

"The  death  of  the  foremost  and  most  influential  lawyer  in  the  United  States, 
and  the  most  distinguished  law  reformer  in  the  English  speaking  world,  deserves, 
especially  among  the  people  of  the  two  Dakotas,  more  than  an  ordinary  or  a 
passing  notice.  His  name  will  always  be  solidly  linked  with  the  best  institutions 
of  these  two  states ;  for  he  was  the  inspiring  genius  and  the  greatest  author  of 
our  admirable  and  beneficent  codes. 

"When  thirty-four  years  old  he  publicly  began  in  New  York  his  herculean 
work  of  legal  reform,  and  within  a  few  years  bills  were  introduced  in  that 
Legislature  incorporating  his  plans  as  to  procedure  in  the  courts.  In  1847  he 
became  chairman  of  the  commission  which  inaugurated  and  carried  out  that 
plan  of  civil  procedure  which,  adopted  there,  soon  spread  over  many  other  states, 
and  is  the  law  here. 

"In  1857  he  was  chairman  of  the  commission  that  codified  the  civil  and  penal 
laws — works  which,  completed  in  1865,  were  not,  however,  adopted  by  that 
Legislature,  but  first  of  all  became  laws  in  Dakota  in  1865-6.  Thus  we  have  the 
gratifying  distinction  that  our  territorial  assembly  was  the  very  first  Legislature 
in  the  world  to  adopt  and  put  into  operation  these  two  magnificent  codes. 

"From  1839  until  his  death — a  period  of  fifty-five  years — his  mind  and 
energies  were  constantly  devoted  to  the  one  supreme  object  of  improving  the  laws 
and  simplifying  legal  proceedings  in  the  courts. 

"His  ideal  and  model  was  the  code  of  Justinian,  which  for  thirteen  centuries 
has  been  considered  as  one  of  the  noblest  benefactions  to  the  human  race,  as  it 
was  one  of  the  greatest  achievements  of  human  genius.  His  studies  early  taught 
him  that  the  [ustinian  code  is,  indeed,  the  chief  source  whence  have  been  drawn 
most  of  the  best  principles  and  doctrines  of  boasted  common  law.  And  as  the 
emperor,  Justinian,  in  528,  appointed  a  commission  of  jurists  to  revise  the  laws 
and  compile  a  code,  incorporating  in  it  all  previous  laws  and  codes,  so  Mr.  Field 
ajiplied  to  the  Legislature  for  such  a  commission  to  revise  and  codify  the  laws 
of  New  York.  Justinian  took  care  to  appoint  on  his  commission  the  foremost 
lawyer  of  the  empire,  Tribonian,  under  whose  skill  and  laborious  superintendence 
and  direction  the  Roman  code  was  compiled  in  534,  taking  its  name,  as  usual, 
from  the  emperor  who  appointed  the  commission,  rather  than  from  the  person 
who  was  its  architect.     And  so  with  Napoleon  and  the  French  code.     But  the 


HISTORY  OF  NORTH  DAKOTA  439 

name  of  Tribonian  is,  notwithstanding,  inseparably  connected  with  this  master- 
piece of  jurisprudence. 

"And  so  i\Ir.  Field,  appointed  on  the  modern  commission,  became  the  Tri- 
bonian, not  only  in  the  codification  of  common  law  in  both  its  civil  and  penal 
departments,  but  also  of  the  laws  of  procedure  and  of  the  law  of  evidence.  Not 
content  with  all  this  vast  labor,  in  1873,  he  issued  his  "Outlines  of  an  International 
Code,'  the  purpose  and  thought  of  which  is  to  cause  arbitration  to  supersede  war 
among  nations  in  the  settlement  of  all  disputes  between  them.  With  advancing 
thought  and  experience  among  civilized  people,  the  necessity  of  such  a  code 
becomes  more  and  more  apparent ;  and  it  is  to  be  hoped  the  time  will  speedily 
come  when  this  capsheaf  of  the  genius  of  Mr.  Field  shall  be  garnered  into  public 
utility  over  the  world.  Then  all  oppressed  nations  and  groaning  peoples  will  bless 
his  memory.  The  seeds  thus  sowed  by  him  have  been  germinating  and  will 
continue  to  grow,  for  already  many  of  the  best  intellects  of  the  world,  attracted 
by  his  project,  have  given  their  approbation  to  it." 

Hon.  Ernest  W.  Caldwell,  who,  with  Charles  H.  Price,  was  the  compiler  of 
the  laws  of  1887,  says  these  laws  were  "chiefly  the  product  of  the  industry,  literary 
skill  and  legal  knowledge  of  Judge  Shannon.  As  a  life  long  student  of  law,  as 
the  leader  of  the  commission  which  revised  the  codes,  as  chief  justice  of  the 
Appellate  Court  before  which  these  codes  were  first  tested  in  litigation,  and 
subsequently  as  attorney  practicing  thereunder,  he  is  eminently  well  qualified  to 
pass  judgment  upon  the  merits  of  the  work  which  David  Dudley  Field  has  per- 
formed for  the  benefit  of  society  through  all  the  years  to  come." 

Commenting  on  the  above,  Judge  Charles  F.  .Amidon  wrote  in  1895,  "Another 
reason  for  the  quite  general  notion  that  North  Dakota  copies  the  civil  code  from 
California,  grows  out  of  the  effect  of  the  California  code  upon  the  revision  of 
1877.  The  code  as  originally  adopted  in  this  state  was  almost  an  exact  copy  of 
the  proposed  draft  of  the  civil  code  presented  to  the  New  York  Legislature  by 
the  David  Dudley  Field  Commission.  There  were  many  provisions  in  this  orig- 
inal code  which  were  not  applicable  to  a  western  system  of  laws.  In  1870  a 
commission  was  appointed  in  California  to  undertake  a  revision  of  the  codes  as 
presented  in  New  York,  so  to  bring  them  down  to  date,  and  also  to  so  modify 
them  as  to  make  them  applicable  to  a  western  community.  This  revision  was 
carried  forward  with  great  thoroughness  in  California,  by  a  commission  com- 
posed of  the  ablest  lawyers  on  the  Pacific  Slope,  and  the  code  as  thus  revised 
was  adopted  by  California  in  1872.  The  commission  which  was  appointed  in 
the  Territory  of  Dakota  under  the  laws  of  1875,  to  revise  the  codes  here,  availed 
itself  very  largely  of  the  work  of  the  California  commission,  and  most  of  the 
changes  which  were  made  in  the  revision  of  1877  were  borrowed  from  California. 

COMPILED    L.\WS    OF    1887 

The  Seventeenth  Territorial  Legislature  in  1887  provided  for  a  legalized  com- 
]Mlation  of  the  laws  of  the  territory  by  passing  a  law  empowering  the  governor 
of  the  territory,  by  and  with  the  consent  of  the  Council  to  appoint  a  compiler  and 
assistant  compiler  of  the  laws.  E.  W.  Caldwell  and  Charles  H.  Price  were 
selected  and  appointed  by  the  governor  as  the  commission.  This  law  conferred 
no  ]iower  to  revise  the  statutes,   to   reconcile  contradictions,   to  correct   incon- 


440  HISTORY  OF  NORTH  DAKOTA 

sistencies,  or  to  supply  omissions  found  in  existing  laws,  but  all  such  contra- 
dictions, inconsistencies  and  omissions  were  to  be  reported  to  the  Legislature 
for  their  information  and  action. 

The  compilers  reported  to  the  Eighteenth  Territorial  Legislature,  which  as- 
sembled at  Bismarck  in  January,  1889,  but  this  Legislature  evinced  no  disposition 
to  consider  the  report,  or  correct  any  inaccuracies  or  inconsistencies  in  the  laws. 
The  National  Congress  had  passed  and  President  Cleveland  had  on  the  22d  day 
of  February,  1889,  signed  the  so-called  "Omnibus  Bill,"  which,  among  other 
things,  provided  for  the  division  of  Dakota  and  the  separation  of  the  area  em- 
braced in  the  boundaries  of  Dakota,  into  two  states  or  territories,  as  the  people 
living  in  the  respective  sections  should  by  vote  determine. 

This  commission  compiled  and  classified  all  the  general  laws  in  force  at  the 
close  of  the  Seventeenth  Legislative  session.  This  included  the  seven  codes  of 
the  revision  of  1877.  but  changed  the  arrangement  of  the  chapters  and  numbered 
the  sections  consecutively,  so  that  reference  would  be  made  thereto  by  the  lawyers 
and  courts  as  sections  of  the  Compiled  Laws  of  1887,  instead  of  sections  of  the 
civil,  penal  or  other  codes,  as  the  case  might  be,  and  was  of  material  advantage 
not  only  to  the  profession  and  courts,  but  to  the  officers  of  both  the  territorial 
and  state  governments.  This  compilation  together  with  the  session  laws  of  1890, 
1891,  1893  ^"d  1895  was  the  legalized  and  official  compilation  of  the  laws  gov- 
erning the  state  until  the  adoption  of  the  revision  of  1895. 

Judge  Amidon,  continuing,  said:  "It  was  not  until  after  the  revision  of 
1887  that  the  codes  became  familiar  to  the  profession  in  the  Territory  of  Dakota. 
The  code,  never  having  been  adopted  in  New  York,  never  received  any  con- 
struction from  the  courts  of  that  state,  and  it  was  natural,  therefore,  for  the 
profession  to  look  to  California  as  the  origin  of  the  code,  it  having  been  adopted 
there,  and  many  decisions  having  been  rendered  by  the  Supreme  Court  of  Cali- 
fornia construing  its  provisions. 

"What  is  true  of  the  civil  code  is  also  true  of  other  codes  of  the  state.  The 
commission  of  1877  borrowed  most  largely  from  the  codes  of  California.  There 
was  great  advantage  in  this  course,  for  it  gave  to  the  courts  of  this  state  the 
advantage  of  the  construction  of  the  very  able  court  which  then  existed  in 
California.  No  revision  was  attempted  in  North  Dakota  after  1877.  Our  present 
compiled  laws  are  very  aptly  named.  It  was  simply  a  compilation  of  the  laws 
in  force  in  1887.  The  compilers  had  no  power  to  make  changes  in  existing  law, 
or  to  propose  amendments  thereto. 

"Nearly  twenty  years,  therefore  have  elapsed,  since  the  laws  of  this  state 
have  been  revised.  This  was  a  period  of  great  growth  in  statutory  law.  The 
original  codes  had  been  adopted  in  many  other  states,  and  at  each  adoption  had 
been  subjected  to  a  thorough  revision.  During  the  same  period  a  vast  body  of 
session  laws  had  grown.  This  is  especially  true  since  the  adoption  of  the  con- 
stitution, much  new  legislation  being  required  to  carry  the  provisions  of  the 
constitution  into  efifect.  These  laws,  however,  were  framed  and  passed  in  a 
fragmentary  manner  to  meet  particular  emergencies  and  were  in  many  of  their 
provisions  irreconcilably  conflicting.  There  was  great  need  of  a  thorough  re- 
vision which  would  bring  the  existing  law  into  harmony  and  supply  the  deficien- 
cies which  would  be  manifest  to  a  commission  undertaking  such  work." 

When   Dakota   was   divided    in    1889,   the   laws   of   Dakota   Territory    were 


HISTORY  OF  NORTH  DAKOTA  441 

spread  over  the  states  of  North  and  South  Dakota,  and  it  remained  that  they  be 
adapted  to  the  constitution  of  the  states,  as  appeared  to  be  necessary. 

The  necessity  of  adapting  these  laws  to  the  constitution  of  the  state  by 
ehminating  provisions  either  conflicting  therewith,  or  made  obsolete,  or  repealed 
by  any  articles  thereof,  was  recognized  by  the  people  of  the  state,  and  accordingly 
the  Second  State  Legislature,  which  assembled  in  January,  1891,  after  reciting 
in  the  preamble  to  chapter  82  of  the  Session  Laws  of  1891,  that  there  had  been 
no  legalized  compilation  of  the  laws  of  the  state;  that  the  laws  passed  at  the 
several  sessions  of  the  Territorial  Legislature,  and  of  the  State  of  North  Dakota, 
were  confused  and  inconsistent,  and  did  not  conform  to  the  constitution  of  the 
state,  and  therefore  it  was  a  work  of  great  labor  and  difficulty  to  ascertain  what 
the  law  really  was  on  many  subjects,  enacted  a  law  providing  for  the  appointment 
by  the  governor  of  a  commission  of  three  persons  to  compile,  arrange,  classify 
and  report  the  laws  of  this  state,  which  may  be  in  force  on  the  first  day  of  July, 
A.  D.  1891. 

Governor  Andrew  H.  Burke,  selected  and  appointed  as  such  commission, 
Robert  Isl.  Pollock,  of  Cass  County,  Patrick  H.  Rourke,  of  Ransom  County,  and 
John  G.  Hamilton,  of  Grand  Forks  County.  This  commission  met  at  Bismarck 
soon  after  the  adjournment  of  the  Legislature,  and  organized  by  the  selection  of 
John  G.  Hamilton  as  chairman,  and  John  F.  Philbrick,  of  Bismarck,  as  secretary. 
The  commission  prepared  a  very  complete  report,  showing  the  various  inaccu- 
racies, contradictions  and  inconsistencies  found  in  existing  laws,  and  recom- 
mended the  correction  of  these  by  the  Legislature,  and  the  publishing  of  their 
compilation  when  so  corrected,  but  this  Legislature  had  consumed  forty-five  days 
of  a  session  limited  to  sixty  days,  in  a  bitter  struggle  to  harmonize  its  conflicting 
elements  and  elect  a  United  States  senator,  consequently  the  only  consideration 
given  the  report  was  to  refer  it  to  another  commission,  upon  whom  was  conferred 
the  power  to  revise  and  codify  the  laws.  Judge  Charles  F.  Amidon.  who  was 
chairman  of  the  commission  of  1893.  speaking  of  this  compilation  says: 

"This  commission  appears  to  have  done  faithful  work,  making  an  exhaustive 
report  to  the  Legislature  of  1893,  which,  however,  owing  to  the  prolonged  sena- 
torial controversy,  paid  little  attention  to  their  report.  Their  powers,  however, 
were  limited  to  compilation  and  classification,  though  they  secured  the  introduc- 
tion of  a  large  number  of  bills  revising,  many  of  which  became  laws  and  were 
useful  to  the  new  commission,  which  was  given  authority  to  revise,  as  well  as 
classify,  codify  and  compile.  In  fact  the  new  commission  was  a  revision,  rather 
than  a  compilation  commission.  The  act  of  1893  creating  the  commission  gave 
them  power  to  reject  all  obsolete  and  conflicting  provisions,  and  report  any  new 
laws  necessarj'  to  complete  the  codes  which  already  existed.  The  law  provided 
that  this  commission  should  be  appointed  by  the  governor  upon  the  recommenda- 
tion of  the  judges  of  the  Supreme  Court.  Governor  Eli  C.  Shortridge  appointed 
for  this  work  George  W.  Newton,  of  Bismarck,  Burke  Corbet,  of  Grand  Forks, 
and  Charles  F.  Amidon,  of  Fargo,  these  persons  having  been  recommended  by 
the  Supreme  Court.  The  commission  entered  upon  its  work  and  carried  it 
forward  with  such  energy  that  when  the  Legislature  met  in  lanuary,  189S,  the 
commission  had  ready  to  report  to  it  a  complete  system  of  codes.  These  codes 
received  the  highest  commendation  of  all  members  of  the  Legislature,  and  all 
were  adopted  in  the  main  as  reported,  although  several  important  amendments 


442  HISTORY  OF  NORTH  DAKOTA 

were  made  by  the  Legislature,  in  which  all  members  of  the  commission  did  not 
concur." 

Two  of  the  members  of  the  old  commission  were  in  position  to  render  im- 
portant work  in  the  final  adoption  of  the  codes.  Hon.  Patrick  H.  Rourke  was  a 
member  of  the  Senate  and  one  of  the  Senate  judiciary  committee  and  of  the 
joint  compilation  committee,  and  on  both  did  excellent  service.  Maj.  John  G. 
Hamilton  was  clerk  of  the  joint  committee  and  after  the  adjournment  of  the 
Legislature  was  employed  to  assist  Hon.  Burke  Corbet  on  the  political  codes  and 
in  the  indexing.  The  new  code  took  effect  July  i,  1895.  J"dge  Charles  J.  Fisk, 
of  Grand  Forks,  a  most  notable  lawyer,  was  secretary  of  the  commission  which 
prepared  the  codes  of  1905. 

1895    COMMISSION 

This  commission  reported  to  the  Fourth  Legislative  Assembly  in  January, 
1895.  It  embodied  its  work  in  seven  bills,  each  bill  covering  one  of  the  seven 
codes.  The  Legislature  created  a  special  joint  committee  of  the  House  and 
Senate  and  referred  these  seven  bills  to  this  committee.  The  committee  examined 
each  bill  carefully  and  critically,  it  made  few  amendments  to  any  of  the  codes, 
and  such  as  they  recommended  did  not  contain  any  material  changes.  The 
Legislative  Assembly  separately  considered  each  code  as  reported  by  the  joint 
committee,  and  enacted  each  code  substantially  as  compiled  by  the  commission, 
excepting  the  political  code,  wherein  was  inserted  an  entirely  new  revenue  law, 
as  well  as  other  amendments.  The  commission  did  not  approve  of  some  of  these 
changes  and  disclaimed  responsibility  for  their  authorship  or  enactment.  Owing 
to  the  meagerness  of  the  appropriation  for  printing  by  the  state,  the  edition  of 
the  1895  code  was  a  small  one  and  was  soon  exhausted.  To  supply  the  demand 
for  the  codes  from  lawyers  and  the  various  municipalities,  the  Legislature  on  the 
2ist  day  of  February,  1899,  enacted  a  statute  authorizing  the  revision  of  the 
Revised  Codes  of  1895  to  be  known  as  the  Revised  Codes  of  1899.  This  revision 
was  to  be  made  under  the  general  supervision  of  the  secretary  of  state,  the  Hon. 
Edward  F.  Porter,  but  was  restricted,  however,  to  the  elimination  of  such  chap- 
ters, articles  or  sections  of  the  Codes  of  1895  as  were  repealed  by  the  Legislature 
of  1897  and  1899.  to  the  substitution  and  incorporation  of  all  amendments  with- 
out modification,  to  the  renumbering  of  the  sections,  chapters  and  articles  when 
necessary  to  harmonize  the  statutes,  to  the  re-arrangement  of  the  table  of  con- 
tents, and  to  the  re-inde.xing.  It  was  in  substance  to  be  a  compilation,  rather 
than  a  revision  of  the  existing  laws.  The  secretary  was  empowered  to  employ, 
experts  in  compiling  and  digesting,  and  other  help  deemed  necessary  to  facilitate 
the  work  of  publishing,  and  selected  Reuben  N.  Stevens,  a  lawyer  of  Bismarck, 
Marshal  H.  Jewel,  editor  of  the  Bismarck  Tribune,  assisted  by  John  G.  Hamilton, 
of  Grand  Forks,  to  compile,  codify  and  publish  the  edition  of  1899.  This  edition 
being  in  turn  e:^hausted,  the  Ninth  Legislative  Session  in  1905  authorized  an- 
other codification  to  be  known  as  the  Revised  Codes  of  1905.  This  was  to  be 
prepared  under  the  general  supervision  of  the  governor,  Elmore  Y.  Sarles,  and 
secretary  of  state,  Edward  F.  Porter,  and  in  its  general  arrangement  was  to 
follow  the  compilation  of  the  1899  code,  with  the  additional  feature  that  it 
should  contain  annotations  of  the  decisions  of  the  Supreme  courts  of  the  Terri- 


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HISTORY  OF  NORTH  DAKOTA  443 

tory  of  Dakota,  and  the  states  of  North  and  South  Dakota,  arranged  by  appro- 
priate reference  to  sections  construed  or  applied  by  these  courts.  All  the  decisions 
contained  in  the  Territorial  Reports  and  thirteen  volumes  of  the  North  Dakota 
Reports,  and  seventeen  volumes  of  the  South  Dakota  Reports  are  annotated 
and  incorporated  in  the  compilation  of  1905.  The  contract  for  the  codification, 
annotation  and  publication  of  this  compilation  was  awarded  to  Marshal  II.  Jewel, 
of  Bismarck,  who  associated  with  himself  Reuben  N.  Stevens,  a  lawyer  of 
Bismarck,  John  G.  Hamilton,  a  lawyer  of  Grand  Forks,  and  Robert  D.  Hoskins, 
of  Bismarck,  then  and  for  many  years  clerk  of  the  Supreme  Court  of  North 
Dakota. 

COMPILED    LAWS    OF    I913 

The  period  intervening-  between  the  publication  of  the  Revision  of  1905  and 
the  Legislative  Session  of  1913,  was  prolific  of  statutes  covering  the  subjects  of 
irrigation,  water  rights,  primary  elections,  initiative  and  referendum,  board  of 
control,  management  of  the  penal  and  charitable  institutions,  and  a  multitude  of 
statutes  putting  into  force  and  effect  provisions  of  a  progressive  character,  which 
had  been  enacted  in  compliance  with  the  popular  demand  therefor. 

This  fact,  coupled  with  the  exhaustion  of  the  1905  edition,  induced  the 
Thirteenth  Legislative  Assembly,  in  the  year  1913,  to  provide  for  the  compila- 
tion of  all  general  laws  in  force  on  the  first  day  of  July,  1913,  by  authorizing  the 
secretary  of  state,  Thomas  Hall,  to  contract  with  the  Lawyers  Co-operative  Pub- 
lishing Co.,  of  Rochester.  N.  Y.,  to  codify,  annotate  and  publish  a  compiled 
edition  of  the  laws  of  North  Dakota  in  two  volumes,  which  were  to  be 
furnished  to  the  state,  its  residents  and  various  municipalities  at  the  rate  of 
$15.00  for  the  two  volumes.  The  contract  made  with  this  company  required 
not  only  the  codification  and  classification  of  all  the  laws,  but  their  annotation 
by  reference  to  decisions  of  all  the  state,  and  United  States,  to  tl^e  American 
Decisions,  American  Reports,  American  State  Reports,  Lawyers  Reports  Anno- 
tated, and  the  North  Dakota  Reports.  The  company  fulfilled  its  contract  and 
has  published  two  volumes  with  annotations  from  the  reports  herein  before 
specified  and  has  divided  each  code  into  chapters  and  sections,  which  sections  are 
consecutively  numbered  from  i  to  11,438  inclusive,  and  the  secretary  of  state 
has  accepted  these  volumes  as  the  official  compilation  of  the  laws  of  the  state. 


CHAPTER  XXVIII 

THE   SUPREME   COURT 

The  constitution  of  the  state,  as  submitted  to  the  people  and  by  them  ratified, 
provides  for  a  judicial  system,  consisting  of  supreme,  district,  county,  and 
justice  courts. 

Police  magistrates  were  to  be  chosen  in  cities,  incorporated  towns  and  villages. 

The  Supreme  Court  was  to  consist  of  three  members,  elected  for  a  term  of 
six  years  each  and  to  hold  office  until  their  successors  were  elected  and  qualified. 

An  exception  was  made  in  the  case  of  the  judges  elected  at  the  first  election 
under  the  constitution. 

They  were  to  be  classified  by  lot,  so  that  one  should  hold  his  office  for  two 
years ;  one  for  five  years,  and  one  for  seven  years.  The  lots  were  to  be  drawn 
by  the  judges  themselves,  and  the  result  of  the  drawing  certified  to  the  secretary 
of  state  and  filed  in  his  office. 

By  a  unique  provision— and  one  peculiar  to  North  Dakota — no  chief  justice 
was  to  be  elected  by  the  people,  but  the  judge  having  the  shortest  term  to  serve, 
not  holding  his  office  by  appointment  or  election  to  fill  a  vacancy,  should  be  the 
presiding  judge  of  the  court. 

By  this  arrangement  every  judge  elected  for  the  full  term  would  become  the 
presiding  judge  before  the  expiration  of  his  term. 

This  system  prevailed  until  1908,  when,  by  constitutional  amendment,  the 
membership  of  the  court  was  increased  to  five. 

On  January  15,  1909,  the  then  governor,  John  Burke,  appointed  John  Car- 
mody  of  Hillsboro  and  S.  E.  Ellsworth  of  Jamestown  as  associate  judges  of  the 
Supreme  Court. 

At  the  general  election  in   1910  three  judges  were  elected  for  the  full  term 

of  six  years  each. 

The  qualifications  prescribed  by  the  constitution  for  a  judge  of  the  Supreme 

Court  were : 

1.  That  he  should  be  learned  in  the  law, 

2.  Should  be  at  least  thirty  years  old, 

3.  Should  be  a  citizen  of  the  United  States  and  shall  have  been  a  resident 
of  the  Territory  of  Dakota  or  of  the  state  at  least  three  years  next  preceding 
his  election. 

The  comprehensive  term,  "learned  in  the  law,"  in  its  final  analysis,  means 
nothing  more  than  that  the  candidate  has  been  admitted  to  practice  law  in  the 
courts  of  this  or  some  other  state.  The  presumption  being  that  the  admission 
to  practice  law,  in  the  courts  of  this  state,  disclosed  such  a  knowledge  of  the 
law  as  to  place  the  candidate  in  the  class  of  one  "learned  in  the  law." 

444 


HISTORY  OF  NORTH  DAKOTA  445 

The  first  judges  chosen  at  the  election  when  the  constitution  was  ratified  by 
-vote  of  the  people  in  October,  1889,  were  Guy  C.  H.  Corliss,  of  Grand  Forks ; 
Joseph  M.  Bartholomew,  of  La  Moure,  and  Alfred  Wallin,  of  Fargo.  They 
were  all  elected  for  equal  terms,  and  it  became  necessary  then  to  determine  by 
lot  the  length  of  term  of  service  of  each. 

For  the  purpose  of  organizing  the  court  and  determining  by  lot  the  length 
of  the  term  of  service  of  each,  these  three  judges  met  at  Bismarck,  the  seat  of 
government,  and  drew  lots. 

How  the  drawing  was  conducted  was  never  made  public,  as  the  judges  were 
required  by  law  merely  to  certify  the  result  and  file  the  same  in  the  office  of  the 
secretary  of  state.  The  result  so  certified  discloses  that  Mr,  Corliss  drew  the 
short  term  of  three  years  from  the  first  Monday  in  December,  A.  D.  1889,  and 
by  virtue  thereof  became  the  presiding  judge,  or  the  first  chief  justice  in  the 
state;  Mr.  Bartholomew  drew  the  five-year  term,  and  Mr.  Wallin,  the  oldest  in 
years  of  the  three,  drew  the  seven-year  term. 

At  this  same  meeting  a  clerk  and  reporter  of  the  court  were  appointed. 
R.  D.  Hoskins,  of  Bathgate,  was  appointed  clerk  in  December,  1889,  and  has 
served  continuously  in  that  capacity  since.  Edgar  W.  Camp,  of  Jamestown, 
was  at  the  same  time  appointed  court  reporter. 

The  duties  and  emoluments  of  these  officers  were  such  as  might  be  pre- 
scribed by  law  and  the  rules  of  the  Supreme  Court  not  inconsistent  with  the  law. 

The  clerk  is  the  custodian  of  all  the  records  of  the  court,  viz. :  briefs,  plead- 
ings, files,  including  all  papers  used  on  appeal. 

He  furnishes  a  syllabus  of  cases  heard  and  decided  to  such  daily  newspapers 
of  the  state  as  care  to  publish  them. 

The  syllabus  of  all  cases  decided  in  the  Supreme  Court  must  be  prepared 
by  the  judge  thereof  who  writes  the  opinion  in  the  particular  case. 

Every  point  fairly  arising  on  the  record  and  essential  to  the  proper  deter- 
mination of  the  case,  must  be  decided  by  the  court,  be  embodied  in  the  opinion 
and  covered  in  the  syllabus. 

In  most  appellate  courts  of  the  United  States,  including  its  Supreme  Court, 
the  syllabus  of  cases  is  prepared  either  by  the  clerk  or  the  reporter,  and  it  fre- 
quently happens  that  the  syllabus  and  body  of  the  opinion  are  at  variance  as  to 
the  questions  determined,  resulting  from  the  failure  of  these  officers  to  compre- 
hend the  opinion  or  understand  and  express  in  the  syllabus  in  clear,  pertinent 
language  the  law  of  that  case  as  decided  by  the  court  and  as  stated  by  the  judge 
who  wrote  the  opinion. 

The  judge  who  writes  the  opinion  knows  what  is  decided  in  that  particular 
case  and  is  therefore  properly  equipped  to  prepare  a  correct  syllabus. 

The  framers  of  the  constitution  made  no  mistake  when  they  incorporated  in 
that  document  the  provision  that  syllabi  should  be  prepared  by  the  judges,  who 
would,  of  necessity,  be  familiar  with  the  controverted  questions  decided  and  the 
reasons  upon  which  their  determination  turned. 

The  Supreme  Court  reporter  prepares  for  publication,  in  books  of  not  less 
than  550  pages,  all  decisions  of  the  court,  and  includes  in  each  case  a  brief  state- 
ment of  the  points  raised  in  the  briefs  of  the  appellant  and  respondent. 

The   Reports   of   recent  years,   however,   have  been   copiously  annotated   by 


446  HISTORY  OF  NORTH  DAKOTA 

references  to  decisions  of  other  courts  wherein  the  same  or  kindred  questions 
have  been  decided. 

The  Supreme  Court  had  no  legal  home  from  its  organization  until  1909.  It 
was  a  "migratory"  court.  The  constitution  had  prescribed  that  three  terms  of 
court  should  be  held  each  year,  "one  at  the  seat  of  government,  one  at  Fargo, 
and  one  in  Grand  Forks."  This  arrangement  continued  until  the  passage  by 
the  legislative  assembly,  in  February,  1909,  of  an  act  providing  for  two  general 
tenns  to  be  held  at  the  "seat  of  government,"  to  be  known  as  the  April  and 
October  terms. 

Special  terms  only  may  be  held  in  cities  other  than  Bismarck,  the  seat  of 
government,  upon  twenty  days'  previous  notice  thereof  in  a  newspaper  pub- 
lished at  the  seat  of  government. 

These  special  terms  may  be  held  elsewhere,  when,  in  the  opinion  of  liie 
court,  the  public  interests  rec^uire. 

Special  terms  have  been  held  under  this  act  in  Grand  Forks  in  June  of  each 
year,  to  receive  the  report  of  the  State  Bar  Examining  Board  for  the  admission 
to  practice  law  in  this  state  of  such  persons  as  they  found  qualified  and  recom- 
mended.    Special  terms  have  also  been  held  in  Fargo  for  this  same  purpose. 

All  appeals  from  county  courts  with  increased  jurisdiction,  or  district  courts, 
are  heard  and  determined  at  Bismarck. 

The  constitution  makes  no  provision  for  the  appointment  or  election  of  a 
marshal  or  other  officer  for  the  service  of  any  process  is.sued  by  this  court,  or 
for  attendance  upon  the  court  during  its  sessions.  Accordingly,  in  1890,  the 
Legislative  Assembly  by  act  provided  that  the  sheriiifs  of  Burleigh,  Cass  and 
Grand  Forks  counties  should  act  as  marshals  of  the  court  when  in  session  at 
their  respective  counties.  These  marshals  were  entitled  to  charge  and  receive 
the  same  fees  and  mileage  for  the  service  of  process  or  other  papers  directed 
by  the  court  to  be  served,  and  the  same  compensation  for  attendance  upon  the 
court,  as  is  allowed  by  law  to  sheriffs ;  such  fees,  howe\er,  to  be  pan]  out  of  the 
state  treasury,  as  other  state  expenses  are  paid. 

The  court  was  authorized  to  appoint  the  librarian  of  the  law  library  to  act  as 
bailiff  of  the  court,  his  duties  to  be  prescribed  b)'  the  court.  The  librarian,  how- 
ever, receives  no  additional  compensation  for  any  services  he  may  render  to  the 
court.  It  is  noteworthy  here  that  the  court  has  no  librarian  of  its  own,  as  the 
library  remains,  as  in  territorial  days,  in  the  custody  of  the  secretary  of  state. 
The  judges  select  the  books  to  be  purchased,  but  they  are  bought  by  the  secretary 
of  state  out  of  any  appropriation  made  therefor  by  the  Legislative  Assembly. 
The  Assembly  deserves  criticism  for  failure  to  provide  the  court  with  its  own 
librarian  and  in  compelling  it  to  use  the  librarian  as  a  bailiff. 

The  judges  are,  to  use  the  epigrammatic  language  of  a  citizen  of  Bismarck 
who  investigated  the  matter  when  the  proposition  to  increase  the  cotirt  member- 
ship to  five  was  under  consideration :  "Worked  like  horses  in  harvest !  They 
work  unremittingly  to  keep  up  the  calendar  and  avoid  the  delay  which  is  inci- 
dent to  appellate  practice."     It  is  no  eight-hour  day  with  them. 

While  the  Legislative  Assembly  has  appropriated  for  stenographers  for  the 
judges,  it  has  not  been  as  liberal  or  as  generous  as  the  needs  of  the  court  justify. 

The  great  increase  in  population  and  the  large  number  of  judicial  districts 
in  consequence  thereof,   together  with  giving  the   right   of  appeal   direct   from 


HISTORY  OF  NORTH  DAKOTA  447 

judgments  and  proceedings  in  county  courts  having  increased  jurisdiction,  have 
added  very  materially  to  the  number  of  appeals. 

Judges  who  work  continuously  under  high  pressure  and  the  stimulus  "to 
keep  up  the  calendar"  cannot  in  nature  render  the  highest  and  best  service.  It 
requires  intense  research  and  investigation  to  find  the  very  truth  in  conflicting 
propositions  submitted  for  decision.  To  illustrate :  It  is  not  unusual  for  the 
Supreme  Court  of  the  United  States  to  have  cases  under  advisement  for  months 
and  even  years.  Their  calendar  of  cases  as  a  rule  is  about  three  years  behind. 
This  is  caused  by  the  fact  that  while  one  judge  is  assigned  to  write  the  opinion 
all  the  other  judges  investigate  the  case,  have  a  consultation  day  each  week  when 
the  case  is  thoroughly  examined,  and  not  until  the  individual  judges  have  mas- 
tered the  case  and  reached  a  conclusion  as  to  the  law  is  it  published  as  the  deci- 
sion of  the  court. 

Consequently  lawyers  prize  very  highly  the  opinions  of  the  Supreme  Court. 
They  are  invaluable  as  a  true  exposition  of  the  law.  State  supreme  courts  do 
not  and  can  not  give  such  time  to  the  consideration  of  cases  submitted.  The 
result  is  a  different  interpretation  of  the  law  in  many  of  the  forty-eight  state 
jurisdictions,  and  frequent  reversions  and  modifications  of  opinion  as  the  tem- 
perament and  predilections  of  judges  differ. 

LEGISLATION    AFFECTING    THE    SUPREME    COURT 

At  the  general  election  in  November,  1908,  a  constitutional  amendment, 
increasing  the  membership  of  the  court  to  five  and  which  had  passed  two  suc- 
cessive legislative  assemblies,  was  adopted  by  the  people  and  became  an  integral 
part  of  the  constitution,  while  another  amendment  fixing  the  tenure  of  office  at 
ten  years,  upon  a  submission  to  a  vote  of  the  people,  was  defeated. 

The  Legislative  Assembly  of  1909  provided  for  the  office  of  chief  justice  and 
prescribed  his  duties.  The  judge  of  the  Supreme  Court  having  the  shortest 
term  to  serve,  not  holding  office  by  election  or  appointment  to  fill  a  vacancy, 
shall  be  chief  justice  and  shall  preside  at  all  terms  of  the  Supreme  Court.  If  no 
member  of  the  court  is  qualified  for  the  office  of  chief  justice  under  the  fore- 
going provisions,  then  the  judges  of  the  Supreme  Court  shall  .select  the  chief 
justice.  In  the  absence  of  the  chief  justice  the  judge  having  the  next  shortest 
term  to  serve,  or  a  judge  selected  by  the  court,  as  the  case  may  be,  shall  preside 
in  his  stead.  This  statute  was  necessary  in  view  of  the  fact  that  when  the  mem- 
bership of  the  court  was  increased  to  five,  three  judges  were  elected  for  the 
term  of  six  years  each  and  took  office  at  the  same  time. 

In  the  closing  hours  of  the  Legislative  Assembly  of  1909  there  was  enacted 
the  non-partisan  judiciary  law.  In  brief  it  provides  that  all  petitions  or  affidavits 
filed  by  or  in  behalf  of  candidates  for  nomination  at  primary  elections  for  the 
office  of  judge  of  the  Supreme  or  District  Court,  no  reference  shall  be  made  to 
the  party  ballot  or  the  party  affiliation  of  such  candidate.  There  .shall  be  sepa- 
rate ballots  containing  the  names  of  the  candidates  for  the  respective  offices 
entitled  "The  Judiciary  Ballot.'  The  names  shall  appear  without  party  designa- 
tion, and  there  shall  be  stated  thereon  the  number  of  judges  each  elector  is 
entitled  to  vote  for. 

At  the  general  election  also  there  shall  be  a  separate  ballot  known  as  the 


448  HISTORY  OF  NORTH  DAKOTA 

"Judiciary  Ballot,"'  upon  which  shall  appear  the  names  of  all  candidates  nomi- 
nated at  the  primary  election  without  party  designation,  but  there  shall  be  stated 
thereon  the  number  of  judges  each  elector  is  entitled  to  vote  for. 

The  constitution  prescribed  that  Supreme  Court  judges  should  receive  such 
compensation  for  their  services  as  might  be  provided  by  law,  but  such  compen- 
sation should  not  be  increased  or  diminished  during  the  term  for  which  a  judge 
shall  have  been  elected.  But  in  view  of  the  fact  that  the  early  court  was  of  a 
migratory  character,  because  terms  were  held  at  three  different  cities,  the  Legis- 
lative Assembly,  in  1907,  by  act  provided  that  each  judge  of  the  Supreme  Court 
should  receive  the  sum  of  $500  each  year  for  traveling  expenses  and  moneys 
expended  by  him  while  absent  from  home  and  while  engaged  in  the  discharge 
of  his  official  duties,  without  requiring  any  itemized  statement. 

The  annual  compensation  allowed  to  Supreme  Court  judges  is  $5,000. 

The  annual  compensation  allowed  to  the  clerk  of  court  is  $2,000. 

The  annual  compensation  allowed  to  the  reporter  is  $1,500. 

Since  statehood  there  have  been  six  court  reporters :  Edgar  W.  Camp,  of 
Jamestown,  who  edited  and  reported  volume  i ;  R.  D.  Hoskins,  who  edited  and 
reported  volume  2;  John  M.  Cochrane,  court  reporter  from  June  i,  1892,  to 
January,  1902.  He  edited  and  reported  volumes  3  to  10  inclusive ;  R.  M. 
Carothers,  who  edited  and  reported  volume  11.  In  March,  1909,  the  Legislative 
Assembly  by  law  prescribed  that  the  volumes  of  the  Supreme  Court  reports 
should  contain  not  less  than  650  pages,  exclusive  of  the  table  of  cases  and  index, 
the  pages  to  be  ^yi  inches  in  width  and  the  volumes  to  be  furnished  the  state  and 
sold  at  $2.25  a  volume. 

A  true  and  correct  matrix  of  each  report  to  be  delivered  to  the  secretary 
of  state  to  be  preserved  by  the  secretary  as  a  part  of  the  records  of  his  office. 

F.  W.  Ames,  of  Mayville,  edited  and  reported  volumes  12  to  21  inclusive, 
and  H.  A.  Libby,  of  Grand  Forks,  volumes  22  to  32  inclusive. 

These  are  all  the  volumes  issued  up  to  September  i,  1916. 

JURISDICTION   OF  THE  SUPREME  COURT 

Under  the  constitution  of  the  state  the  Supreme  Court  has  appellate  juris- 
diction only,  together  with  a  general  supervising  control  over  all  inferior  courts. 
This  control  is  restricted,  however,  by  such  regulations  and  limitations  as  may 
be  prescribed  by  law. 

The  constitution  further  empowered  the  Supreme  Court  to  issue  original 
writs  of  injunction,  mandamus,  quo  warranto,  habeas  corpus,  and  such  other 
remedial  writs  as  may  be  necessary  in  the  exercise  of  its  jurisdiction. 

No  jury  can  be  allowed  in  the  Supreme  Court,  but  in  proper  cases  where 
questions  of  fact  must  be  settled  before  the  court  can  finally  decide  the  issues, 
it  may  certify  such  questions  to  a  district  court  for  determination. 

In  the  meantime  the  decision  of  the  court  is  held  in  abeyance  until  the  find- 
ings of  fact  by  the  District  Court  are  transmitted  by  that  court  for  the  informa- 
tion and  guidance  of  the  Supreme  Court  in  its  exercise  of  its  appellate  and  super- 
visory powers. 

The  great  prerogative  writs  of  injunction,  quo  warranto  and  mandamus  are 
the  voice  of  the  sovereign  commanding  to  justice  when  ordinary  judicial  pro- 


Courtesy  Nortliern  Pacific  Railroad 

HARVESTING  WHEAT  IN  NORTH  DAKOTA 


■;■■' ^i  ■'  '^'  ^^?y^S&Wi01^^'^- 


Courtesy  Northern  Pacific  Railroad 

TYPICAL  NORTHERN  DAKOTA  THRESHING  SCENE 


HISTORY  OF  NORTH  DAKOTA  449 

ceedings  afford  no  speedy  or  adequate  remedy,  hence,  to  warrant  the  assistance 
of  such  original  writs  by  the  Supreme  Court  the  interest  of  the  state  must  be 
primary  and  paramount.  There  must  exist  a  contingency  which  requires  the 
interposition  of  the  court  to  preserve  the  prerogatives  and  franchises  of  the 
state  and  the  Hberty  of  its  citizens. 

In  cases  where  this  original  jurisdiction  is  invoked  the  action  proceeds  in  the 
name  and  upon  the  relation  of  the  attorney  general  and  he  acts  only  upon  leave 
first  obtained  from  the  court,  which  leave  is  based  upon  a  showing  that  the 
case  is  one  of  which  it  is  proper  for  the  court  to  take  cognizance,  the  court 
judging  of  each  controversy  for  itself. 

The  consent  of  the  attorney  general  to  an  application  for  one  of  these  original 
writs  is  not,  however,  an  indispensable  condition  of  its  granting.  It  may  issue 
upon  the  relation  of  a  citizen  presenting  a  petition  showing  prima  facie  that  the 
attorney  general  is  hostile  to  its  issuance  and  that  a  peculiar  exigency  exists 
where  the  interests  of  the  state  at  large  are  involved,  or  where  its  sovereign 
power  has  been  violated  or  the  liberty  of  its  citizens  endangered. 

A  statement  or  showing  that  they  are  collaterally  involved  in  any  proceeding  or 
action  is  not  sufficient.  The  court  will  refuse  the  writ  unless  it  manifestly  appears 
that  the  interests  of  the  state  at  large  are  directly  menaced. 

The  essence  of  appellate  jurisdiction  is,  that  it  revises  and  corrects  proceedings 
in  a  cause  instituted  and  adjudicated  in  another  tribunal,  and,  therefore,  the  court 
does  not  look  with  favor  upon  applications  for  original  writs. 

It  prefers  to  review  them  after  they  have  been  granted  or  refused  in  the  in- 
ferior courts.  It  will  not  hesitate  to  issue  them,  however,  if  the  exigency  is  great, 
the  interests  of  the  state  imperiled  or  the  liberties  of  its  citizens  endangered. 

The  legislative  assembly,  by  the  enactment  of  the  law  for  the  trial  of  equity 
cases  de  novo  in  the  Supreme  Court,  imposed  a  duty  upon  that  court  that  is  incon- 
sistent and  conflicts  with  its  appelate  jurisdiction. 

The  law,  in  effect,  makes  it  a  trial  court.  It  does  not  provide  for  a  review 
of  erroneous  rulings  or  the  correction  of  mistakes  of  law  in  the  inferior  court,  but 
requires  the  Supreme  Court  to  wade  through  a  voluminous  record,  containing 
usually  a  tangled  mass  of  relevant  and  irrelevant  testimony  which  the  court  below 
was  powerless  to  exclude.  The  law  is  an  innovation  and  not  a  reform  or  judicial 
procedure.  It  should  be  relegated  to  the  "scrap  heap"  and  equity  cases  be  re- 
viewed the  same  as  other  cases. 

SUPREME  COURT  JUDGES 

Our  first  Supreme  Court  was  one  of  great  ability.  Perhaps  it  would  not  be 
extravagant  or  beyond  the  bounds  of  truth  to  say  it  was  one  of  superior  ability. 

The  frequent  reference  to  their  decisions,  as  clear  interpretations  of  the  law, 
found  in  the  reports  of  other  states,  is  proof  of  this. 

Judge  Corliss  was  not  only  thoroughly  versed  in  the  principles  and  theory  of 
the  law,  but  possessed  also  high  literary  attainments.  He  was  familiar  with  the 
literature  of  the  past  and  abreast  of  that  of  the  day. 

While  occasionally  in  his  opinions  there  is  a  tendency  to  display  this  knowledge 
in  a  fanciful  and  pedantic  way,  still,  as  a  rule,  he  spoke  with  a  logic  that  convincefl 
and  with  a  language  that  charmed.    Judge  Corliss  resigned  from  the  bench  mainly 


450  HISTORY  OF  NOHTH  DAKOTA 

because  of  the  inadequacy  of  the  compensation  allowed  to  the  judges.  He  formed 
a  partnership  with  John  M.  Cochrane  at  Grand  Forks  and  actively  practiced  law 
there  until  he  located  at  Portland,  Ore.,  some  three  years  ago. 

Joseph  M.  Bartholemew  of  La  Moure,  was  elected  a  judge  of  the  Supreme 
Court  in  October,  1889,  and  in  the  drawing  of  lots  to  determine  the  tenure  of 
ofitice  of  the  members  of  the  first  Supreme  Court  he  drew  the  five-year  term.  He 
was  elected  for  the  full  term  of  six  years  in  November,  1894,  and  retired  from 
the  bench  in  December,  1900.  Immediately  upon  his  retirement  he  resumed  the 
practice  of  his  profession  at  Bismarck,  and  died  suddenly  of  heart  disease  at  his 
home  on  March  24,  1901.  The  judge  was  a  native  of  Illinois,  having  been  born 
at  Clarksville  in  that  state  on  the  17th  day  of  June,  1843.  When  he  was  about 
two  years  old  his  parents  moved  to  Lodi  in  the  State  of  Wisconsin,  where  he 
lived  and  received  his  early  education  until  he  arrived  at  the  age  of  eighteen 
years  when  he  entered  the  Wisconsin  State  University.  He  spent,  however,  but 
one  year  there,  and  when  only  nineteen  years  old  enlisted  in  August,  1862,  as  a 
private  in  Company  H,  Twenty-third  Wisconsin  Volunteer  Infantry.  He  was 
mustered  out  as  a  first  lieutenant  on  November  14,  1865.  He  participated  in  the 
sieges  of  Vicksburg  and  Jackson,  aided  in  capturing  the  forts  at  the  mouth  of 
Mobile  Bay  and  fouglit  in  the  battle  of  Chickasaw  Bayou  and  Arkansas  Post. 

After  the  war  he  studied  law  in  the  office  of  Senator  Allison,  at  Dubuque.  la., 
and  was  admitted  to  practice  in  that  city  in  1869. 

In  1883  he  came  to  the  Territory  of  Dakota,  settling  at  La  Moure  where  he 
continuously  resided  until  his  election  in  1889  as  one  of  the  first  judges  of  the 
Supreme  Court  of  the  State  of  North  Dakota.  When  he  was  nominated  for  the 
Supreme  bench  he  was  comparatively  unknown  to  the  bar,  and  there  was  a  fear 
among  the  members  of  the  bar  that  he  would  not  measure  up  to  the  requirements 
of  the  ofifice,  but  that  fear  quickly  disappeared  when  the  court  began  to  hear 
cases  and  render  opinions.  The  opinions  written  by  Judge  Bartholemew  show 
that  he  was  a  man  of  high  intellectual  attainment,  with  a  profound  knowledge  and 
understanding  of  the  great  principles  of  natural  justice  and  equity,  which  are  really 
the  foundation  of  all  law,  and  that  he  was  a  man  of  original  thought,  of  great 
learning  and  strong  logical  reasoning  power.  The  opinions  written  by  him  while 
oh  the  bench  were  a  credit  to  himself,  an  honor  to  the  coiul  and  to  the  state. 
They  were  always  clear,  concise,  logical  and  convincing. 

The  memorial  presented  to  the  Supreme  Court  as  a  tribute  to  his  memory  says : 
"As  a  judge  he  has  left  upon  the  records  of  this  state  in  his  judicial  opinions  so 
many  witnesses  to  his  ability,  learning,  sound  judgment,  powers  of  reasoning  and 
discrimination,  conscientious  research  and  study,  and  abiding  love  of  equity, 
that  other  commendation  of  his  judicial  work  is  rendered  superfluous.  Breadth 
and  solidity ;  mastery  of  legal  and  equitable  principles :  close  and  cogent  logic ;  a 
beautiful,  pure  and  clear  style ;  and  fullness  of  legal  learning  are  found  there, 
not  as  we  catch  occasional  and  momentary  glimpses  of  the  moon  when  the  sky  is 
overcast,  but  shining  with  a  steady  and  unbroken  radiance  from  every  page  of 
his  judicial  utterances.  Is  it  a  vain  boast  that  we  ask  whether  juridical  history 
furnishes  many  judicial  careers  which  in  so  short  a  time  have  achieved  a  more  envi- 
able success?  We  believe  that  he  will  be  known  in  after  days  as  one  of  the  great 
judges  of  the  state.  Patient  in  hearing ;  exhaustive  in  research :  deliberate  in 
maturing  his  conclusions ;  without  pride  of  opinion ;  always   receptive  of   new 


HISTORY  OF  NORTH  DAKOTA  451 

light ;  self  reliant  and  yet  appreciating  the  value  of  precedent ;  gracious  in  his 
demeanor  with  the  har  and  his  brethren  of  the  bench;  loved  and  respected  by  them 
all;  far  above  even  the  suspicion  of  the  possibility  of  any  unworthy  motive  enter- 
ing to  disturb  the  incorruptible  discharge  of  his  judicial  duty;  he  may  well  be 
described,  and  he  will  long  be  remembered  as,  an  ideal  judge." 

Judge  Wallin  was  a  specialist  in  practice  and  procedure.  His  style  of  ex- 
pression was  at  times  stilted  and  ponderous,  but  was  always  luminous  and  cor- 
rectly stated  the  law.  His  published  opinions  stand  as  a  monument  to  his  research, 
learning  and  ability. 

Judge  Corliss  was  elected  for  the  full  term  of  six  years  commencing  Decem- 
ber, 1892.  He  resigned  in  1898  and  N.  C.  Young  of  Bathgate  was  appointed  to 
serve  the  unexpired  term,  and  was  then  elected  for  the  term  of  six  years,  com- 
mencing in  December,  1898,  and  was  re-elected  for  the  term  commencing  in 
December,  1904.  He  resigned  the  office  in  1906  to  become  a  member  of  the  firm  of 
Ball  &  Watson,  general  counsel  for  the  Northern  Pacific  at  Fargo.  He  has  built 
up  a  large  and  lucrative  private  practice,  in  addition  to  that  afforded  as  one  of 
the  attorneys  for  the  Northern  Pacific.  Since  leaving  the  bench  he  has 
interested  himself  in  educational  affairs.  He  was  a  member  of  the  board  of  edu- 
cation at  Fargo  for  some  years,  and  a  trustee  of  the  University  of  North  Dakota, 
but  resigned  this  position,  as  his  business  interests  demanded  all  his  time  and 
energy.  The  lawyers  universally  regretted  his  resignation  from  the  bench.  He 
had  impressed  the  profession  as  a.  man  of  strong  mental  and  moral  fibre,  who 
possessed  not  only  intellectual  conscientiousness  but  "saving  common  sense,"  and 
whose  aspirations  and  ambition  were  to  serve  faithfully  his  country  by  correctly 
expounding  the  law  applicable  to  the  cases  heard  in  his  court.  Briefly  he  filled 
this  high  ofiice  with  fidelity,  credit  and  distinction. 

David  E.  Morgan  of  Devils  Lake,  served  as  judge  of  the  Second  Judicial 
District  for  the  term  of  eleven  years,  covering  the  period  from  the  beginning  of 
statehood  until  November,  1900,  when  he  was  elected  to  the  Supreme  bench.  He 
was  re-elected  in  1906  and  was  a  member  of  that  court  until  the  31st  day  of 
October,  191 1,  when,  because  of  failing  health,  he  deemed  it  his  duty  to  the 
public  and  to  the  court  to  resign.  He  was  the  chief  justice  at  the  time  of  his 
resignation.  In  the  hope  that  a  change  to  the  milder  climate  of  California  would 
restore  his  health  he  visited  that  state,  but  his  recuperative  powers  were  gone  and 
he  succumbed  to  the  "Grim  Visitor"  and  went  to  his  final  home  May  11,  1912. 

Judge  Morgan  was  born  in  Coalport,  Ohio,  on  the  eighth  day  of  November, 
1849.  His  parents  were  natives  of  Wales.  They  moved  to  the  State  of  Wisconsin 
when  the  judge  was  a  child  of  tender  years.  His  education  was  acquired  in  the 
public  schools  of  that  state,  at  Spring  Green  Academy,  at  the  Platteville  State  Nor- 
mal School  and  at  the  Wisconsin  State  University,  where  he  spent  a  year  pursuing 
a  special  course.  He  was  elected  three  times  as  clerk  of  the  District  Court  of 
Sauk  County,  Wisconsin,  and  during  this  time  he  studied  law  with  Judges  Rem- 
ington and  Barker  at  Baraboo.  Wis.  He  was  admitted  to  practice  law  in 
that  state  in  1870  and  moved  to  Grand  Forks  in  1881  and  was  in  partnership  for 
a  time  with  Arthur  H.  Noyes.  When  the  Great  Northern  Railway  extended  its 
line  to  Devils  Lake  he  moved  there,  in  1S83  and  formed  a  partnership  with  John 
F.  McGee,  who  subsequently  became  a  district  judge  in  Minneapolis,  Minn.  He- 
was  elected  district  attorney  of  Ramsey  County  in  1884  and  re-elected  in  1886, 


452  HISTORY  OF  NORTH  DAKOTA 

and  in  October,  1889,  was  elected  the  first  judge  of  the  Second  Judicial  district. 

Judge  Morgan  was  not  only  a  popular  judge  in  that  district  because  of  his 
faithfulness  in  discharging  the  exacting  duties  of  this  position,  but  was  also 
highly  esteemed  by  the  bar  and  the  people  because  of  his  intense  loyalty  to  the 
law  and  his  devotion  to  the  principles  of  liberty  as  enunciated  in  our  Constitution 
and  as  interpreted  by  the  fathers.  He  was  a  man  of  decided  convictions,  perhaps 
might  be  said  to  have  been  somewhat  slow  in  reaching  conclusions.  Of  delightful 
personality,  of  frank  and  attractive  manners  he  impressed  his  constituency  as  a 
man  who  is  inspired  by  the  loftiest  motives  and  one  who  endeavored  to  mete  out 
equal  justice  to  all. 

The  Bar  Association  of  the  State  of  North  Dakota  thus  records  its  appreciation 
of  the  memory  of  Judge  Morgan:  "We  regret  the  passing  of  the  man  of  noble 
character,  and  the  just  and  fearless  judge.  We  regret  that  his  life  and  official 
career  could  not  have  been  prolonged  to  the  end  that  his  influence  might  be  felt, 
in  the  court  over  which  he  so  long  presided,  in  the  settling  of  new  and  vexing 
questions  certain  to  arise  incident  to  the  new  thoughts  and  ideas  so  rapidly 
developing  in  our  political  and  industrial  life.  The  great  wisdom  of  the  great- 
est judges  of  our  country  he  may  not  have  possessed,  but  legal  learning  and 
breadth  of  thought  sufficient  to  comprehend  underlying  principles,  together  with  a 
broad  sense  of  justice,  a  full  grasp  of  large  equities,  and  abundant  common  sense, 
guided  him  instinctively  to  the  right  and  contributed  to  the  decisions  in  thirteen 
volumes  of  our  reports,  from  which  it  will  be  said  in  the  years  to  come,  he  was 
sound,  able,  and  honest.  Reviewing  his  twenty-two  years  of  judicial  experience, 
we  do  highly  resolve  to  pay  to  his  memory  this  tribute :  With  all  his  sympathies 
and  love  of  humanity  he  was  never  so  much  the  man  that  he  forgot  his  duty  as  a 
judge,  and  with  all  his  knowledge  of  law  and  precedent  he  was  never  so  much 
the  judge  that  he  forgot  his  duty  as  a  man." 

John  Knauf,  of  Jamestown,  was  appointed  by  Governor  E.  Y.  Sarles  to  fill 
the  vacancy  occasioned  by  the  resignation  of  Judge  Young.  He  served  until 
December  15,  1906,  when  he  was  succeeded  by  Charles  J.  Fisk,  judge  of  the  First 
Judicial  District. 

Mr.  Knauf  had  been  nominated  by  th-^  republican  convention  held  at  James- 
town for  supreme  judge.  The  bar  in  the  northern  part  of  the  state  were  clamorous 
for  the  nomination  of  Fisk  and  to  take  the  judiciary  out  of  politics,  but  the  friends 
of  Knauf  efifected  a  combination  of  delegates  from  the  west  and  central  portions  of 
the  state,  sufficiently  strong  to  nominate  Knauf.  Public  sentiment  was  then  ripe 
for  a  non-partisan  judician,-.  The  people  revolted  and  at  the  ensuing  election, 
held  in  November,  defeated  Knauf  and  elected  Fisk.  Mr.  Knauf  returned  to  his 
home  in  Jamestown  and  resumed  the  practice  of  law. 

'  Charles  J.  Fisk,  of  Grand  Forks,  who  had  for  ten  years  served  with  conspicu- 
ous ability  and  fidelity  as  district  judge  of  the  First  Judicial  District,  was  elected 
in  1906  to  fill  the  unexpired  term  of  Judge  Young,  and  was  re-elected  for  the  term 
of  six  years  commencing  December  15,  1910. 

In  political  affiliations  he  is  a  democrat  and  is  the  only  democrat  ever  elected 
to  this  court  in  the  state.  John  Carmody  of  Hillsboro.  a  democrat,  was,  when  the 
membership  of  the  court  was  increased  to  five,  appointed  by  Governor  John  Burke 
as  associate  justice.  With  these  two  exceptions  the  members  of  the  court  have 
been  republican. 


HISTORY  OF  NORTH  DAKOTA  453 

Judge  Fisk  has  been  an  ideal  judge.  He  has  interpreted  the  law  along  broad 
lines  and  has  avoided  technical  rules  whenever  in  his  judgment  they  conflicted  with 
substantial  justice.  No  consideration  other  than  the  merits  has  ever  influenced  him 
in  the  determination  of  cases.  His  profound  knowledge  of  the  law  and  his 
desire  to  expound  it  along  just  and  equitable  lines  radiate  from  every  page  of  his 
opinions.  He  has  illuminated  every  branch  of  the  law  that  was  involved  in  cases 
heard  before  him,  but  has  never  paraded  his  learning,  never  indulged  in  flights  of 
fancy  or  imagination,  but  has  expressed  his  views  of  the  law  in  simple,  pertinent 
language  that  carried  conviction  of  the  soundness  of  his  interpretation.  His 
kindliness  of  disposition,  his  independence  and  impartiality,  as  well  as  his  learn- 
ing, have  endeared  him  to  the  profession.  The  value  of  his  services  to  the  state 
cannot  yet  be  correctly  estimated.  He  is  a  candidate  for  re-election  in  November. 
1916,  being  one  of  the  six  highest  named  in  the  primary  in  June  as  one  of  the 
judges  of  the  Supreme  Court,  and  it  is  to  be  hoped  that  the  people  at  this  election 
will  recall  his  service  to  the  state  and,  with  a  grateful  appreciation  thereof,  will 
vote  to  retain  him  on  the  bench  which  he  has  graced  and  dignified  all  the  years  of 
his  judicial  career. 

John  M.  Cochrane,  of  Grand  Forks,  was  elected  a  judge  of  the  Supreme  Court 
for  the  term  of  six  years  in  November,  1902.  He  died  in  office  July  20,  1904. 
The  republican  state  convention  for  the  nomination  of  congressman  and  state 
officials  was  in  session  at  Grand  Forks  at  the  time  of  his  death.  While 
Mr.  Cochrane,  after  his  election  as  judge,  withdrew  from  active  participation  in 
the  political  affairs  of  the  state,  still,  he  attended  this  convention  on  July  20,  1904, 
as  a  disinterested  spectator.  He  took  no  part  in  the  proceedings  of  the  conven- 
tion, but  was  consulted  by  delegates  as  to  the  policy  of  the  party  and  advised  them 
in  its  selection  of  nominees  for  the  different  state  positions.  He  had  always  main- 
tained that  it  was  not  fitting  for  a  man  chosen  from  the  active  work  of  life  to  the 
exalted  position  of  judge,  to  mingle  in  a  partisan  way  in  the  politics  of  the  state, 
but  he  was  unable  to  resist  the  importunities  and  insistence  of  erstwhile  friends 
and  freely  conferred  with  them  and  aided  them  in  solving  questions  of  polity. 
These  were  always  private  conferences.  No  persuasion  or  influence  could  induce 
him  to  serve  as  a  delegate  in  the  convention,  or  to  participate  in  any  way  in  its 
public  deliberations.  He  believed  that  he  had  been  sequestered  from  public 
affairs,  so  far  as  administration  was  concerned,  and  that  his  life  was  thence- 
forward dedicated  to  the  interpretation  of  the  law  and  in  adjusting  in  a  con- 
scientious, fair  and  just  manner  the  differences  of  litigants.  He  spent  a  few  hours 
in  these  conferences,  and  returning  to  his  home  on  July  20th  he  expired  suddenly 
about  midnight.  So  the  immortal  soul  of  the  great  Cochrane  passed  to  the  great 
beyond. 

It  was  apparent  to  his  friends  before  his  promotion  to  the  bench  that  death 
had  marked  him  for  an  early  victim.  An  insidious  disease  that  baffled  the  high- 
est medical  skill  had  fastened  its  fangs  upon  him  and  was  slowly  but  surely  sap- 
ping his  vitality.  He  faced  that  ordeal  of  sufifering  without  dismay.  It  was  the 
hope  of  his  friends  that  removal  from  the  excitement,  strife  and  labor  incident  to 
court  trials  would  prolong  his  life,  and  so  they  secured  his  elevation  to  the 
bench.  Cochrane  died  a  victim  of  overwork.  He  never  knew  how  to  play.  De- 
voted to  the  interests  of  his  clients,  whether  city,  county,  state  or  private,  he 
spent  long  hours  in  exhausting  study  and  research  until  he  had  mastered  the  case 


45i  HISTORY  OF  NORTH  DAKOTA 

and  was  fully  prepared  to  protect  and  defend  the  interests  committed  to  his  care. 
All  his  trusts  he  filled  with  the  highest  fidelity  and  with  superior  ability.  His 
was  a  great  and  towering  personality,  and  in  exalted  mental  endowments  he  stood 
as  a  mighty  rock  in  the  sea. 

The  distinguishing  quality  of  Mr.  Cochrane's  character  was  his  humanity.  He 
was  intensely  human,  was  not  a  saint  and  did  not  af?ect  to  be.  He  believed  in  the 
great  essential  virtues  and  had  no  patience  with  sham  or  pretensions.  His  favor- 
itism was  lofty  and  generous,  his  moral  courage  great,  his  sincerity  in  word,  deed 
and  thought  absolute,  but  his  intense  love  of  humanity  was  the  touchstone  and 
basis  of  his  character. 

The  resolutions  of  the  Cass  County  Bar  Association  and  those  of  Grand  Forks 
County  where  he  spent  his  life,  which  are  recorded  in  the  annals  of  the  Supreme 
Court,  are  a  worthy,  fitting  and  truthful  tribute  to  his  memory.  They  are  found 
in  volume  twelve  of  the  Supreme  Court  Reports. 

Edward  Engerud  was  nominated  by  the  republican  convention  then  in  session 
to  fill  the  unexpired  term  of  Mr.  Cochrane,  and  he  was  elected  judge  in  Novem- 
ber following  and  re-elected  for  the  term  of  six  years  in  1904  and  resigned  his 
office  in  1907.  Why  he  resigned  an  office  whose  duties  and  responsibilities  he  was 
well  equipped  to  discharge  he  never  publicly  stated,  but  to  intimate  friends  he 
made  known  the  fact  that  financial  considerations  largely  controlled.  He  was 
not  in  affluent  circumstances,  and  with  a  family  to  maintain  he  deemed  it  advis- 
able to  retire  from  the  bench  and  devote  himself  to  the  practice  of  law.  No 
doubt  the  meager  remuneration  paid  by  the  state,  the  uncertain  tenure  of  the 
office,  in  view  of  the  discontent  and  unsettled  political  conditions  then  prevailing 
in  the  state,  contributed  also  to  the  decision.  He  formed  a  partnership  and  be- 
came the  senior  member  of  the  firm  of  Engerud,  Holt  &  Frame  at  Fargo.  His 
reputation  as  a  successful  and  resourceful  trial  lawyer  was  such  that  from  the 
beginning  of  his  return  to  practice  his  services  were  in  great  demand.  In  1910 
he  was  a  candidate  for  United  States  senator  to  fill  the  unexpired  term  of  M.  N. 
Johnson,  deceased,  but  was  defeated  for  the  nomination  in  the  primary  election 
by  A.  J.  Gronna.  Subsequently  he  was  appointed  by  President  Taft  United 
States  district  attorney  for  the  state,  and  he  discharged  the  duties  of  this  re- 
sponsible office  with  rare  ability  and  fidelity. 

Burleigh  F.  Spalding  of  Fargo  was  appointed  by  Governor  John  Burke  to  fill 
the  unexpired  term  of  Judge  Engerud.  Mr.  Spalding  had  been  prominent  in 
public  affairs  in  tej"ritorial  days.  He  was  a  member  of  the  famous  capital  com- 
mission created  by  the  Territorial  Legislature  in  Yankton  in  1883,  which  located 
the  capital  of  the  Territory  of  Dakota  at  Bismarck.  He  served  with  distinction 
in  the  convention  that  framed  the  constitution  of  the  state,  and  was  conspicuously 
efficient  as  a  member  of  the  joint  commission  to  equitably  distribute  the  assets  and 
liabilities  of  the  Territory  of  Dakota  between  the  states  of  North  and  South 
Dakota.  He  served  one  term  in  Congress,  but  was  defeated  for  renomination  in 
the  republican  convention  by  a  clique  of  ambitious  malcontents  from  Cass  County, 
reinforced  by  a  group  of  delegates  from  the  slope  country.  The  slope  country 
never  forgave  him  for  his  failure  to  vote  for  Bismarck  as  the  capital  of  the 
territory.  Mr.  Spalding  was  elected  for  the  full  term  commencing  December  15, 
1908,  but  was  defeated  for  re-election  in  1914.  Mr.  Spalding's  temperament  is 
of  judicial  cast.    He  is  well  grounded  in  principles  of  the  law,  and  he  is  logical 


VIEW  OF  KEE\  ES  AVENUE,  SOUTH.  (;RAX1>  FORKS 


THIRD  STREET,  GRAND  FORKS,  LOOKINO  SOITH  FROM  HOTEL  DACOTAH 


HISTORY  OF  NORTH  DAKOTA  455 

and  discriminating  in  applying  these  principles  to  concrete  cases.  His  published 
opinions  are  expressed  in  terse,  lucid  language  witliout  any  attempt  at  rhetorical 
effect.  They  are  a  plain  exposition  of  the  salient  features  of  the  controversy. 
He  is  both  a  sound  and  an  able  jurist  and  should  be  elected  again  to  the  bench  in 
November,   1916. 

In  November,  1910,  Edward  T.  Burke,  of  Valley  City,  judge  of  the  Fifth 
Judicial  District,  and  Evan  B.  Goss,  of  Minot,  judge  of  the  Eighth  Judicial  Dis- 
trict, were  elected  associate  judges  of  the  Supreme  Court  for  the  term  of  six  years 
commencing  in  December,  1910.  They  defeated  John  Carmody  and  S.  E.  Ells- 
worth, the  appointees  of  Governor  John  Burke. 

At  the  primary  election  held  on  June  28,  1916,  Judge  Burke  was  selected  as 
one  of  the  six  to  go  on  the  nonpartisan  judicial  ballot  for  election  in  November. 
Judge  Goss  was  defeated  in  the  primaries  and  will  retire  from  the  bench  in  De- 
cember, 1916. 

The  Farmers'  Nonpartisan  League,  through  its  officers  and  executive  com- 
mittee, selected  J.  E.  Robinson,  of  Fargo,  L.  E.  Birdzell,  of  Grand  Forks,  and 
Mr.  Grace,  of  Mohall,  as  their  representatives  on  the  supreme  bench,  and  they 
were  nominated  in  the  primary  and  constitute  three  of  the  six  whose  names  will 
appear  on  the  judicial  ballot  at  the  general  election  in  November,  1916.  Chief 
Justice  Fisk,  Judge  Burke  and  former  Chief  Justice  Spalding  are  the  other  three. 
From  these  six  the  three  receiving  the  highest  number  of  votes  in  November  will 
be  the  justices  of  the  Supreme  Court. 

On  the  31st  day  of  October,  191 1,  Chief  Justice  David  E.  Morgan,  be- 
cause of  failing  health,  resigned,  and  Governor  John  Burke  appointed  Andrew 
A.  Bruce,  of  Grand  Forks,  who  was  dean  of  the  law  school  of  the  University  of 
North  Dakota,  to  succeed  him.  Mr.  Bruce  was  elected  for  the  six-year  term  be- 
ginning in  December,  191 2.  He  was  both  popular  and  capable  as  a  professor  of 
law.  The  graduates  from  the  law  school,  who  had  located  for  practice  in  various 
sections  of  the  state,  supported  him  enthusiastically  and  he  easily  defeated  Robin- 
son, his  rival.  Judge  Bruce  had  but  little  practical  experience  in  the  courts,  but 
he  had  thoroughly  mastered  all  departments  of  the  law.  His  opinions,  while  sub- 
ject to  criticism  because  of  their  verbosity,  are  like  a  treatise  in  their  exposition 
of  the  law  applicable  to  the  particular  case — they  exhaust  the  subject.  Some  of 
them  are  models  of  diction  and  learning  and  evidence  long  hours  spent  in  study 
and  research. 

A.  M.  Christianson,  of  Towner,  defeated  Judge  Spalding  at  the  polls  in  No- 
vember, 1914,  and  was  elected  for  a  term  of  six  years.  He  has  been  an  indefatigable 
worker  since  his  ascendancy  to  the  bench  and  has  aided  the  court  very  materially 
in  keeping  the  calendar  up  to  date.  He  follows  closely  the  lines  of  least  resistance 
and  adheres  to  the  "beaten  paths"  as  shown  in  the  precedents.  A  rule  established 
in  a  given  case,  though  it  may  be  severe  and  somewhat  arbitrary  and  therefore  not 
promotive  of  substantial  justice  in  many  cases  before  the  court  for  adjudication, 
should  not  be  religiously  binding  upon  the  court  but  should  be  waived,  modified 
and  adapted  to  the  changed  conditions  of  the  times.  Though  Judge.  Christianson 
has  a  sharply  discriminating,  open  mind  that  analyzes  carefully  every  proposition 
submitted  for  his  consideration  and  conscientiously  investigates  it,  and  the  con- 
clusions reached  express  his  honest  judgment  of  the  law  in  that  case,  yet  his 


456  HISTORY  OF  NORTH  DAKOTA 

close  adherence  to  precedents  makes  him  more  of  a  "case"  judge  than  an  original 
expounder  of  underlying  principles. 

THE   BAR   ASSOCIATION    OF   NORTH    DAKOTA 

The  North  Dakota  Bar  Association  was  organized  at  Fargo  in  the  year 
1899,  soon  after  the  admission  of  the  state  to  the  Union.  Hon.  Seth  Newman. 
of  Fargo,  was  its  first  president,  and  R.  W.  S.  Blackwell,  of  La  Moure,  its  first 
secretary.  It  had  a  very  checkered  career  in  the  early  years  of  its  existence,  as 
few  lawyers  outside  of  the  Red  River  Valley  and  the  larger  towns  in  the  central 
and  western  portions  of  the  state  enrolled  as  members  of  the  association. 

ITS  PURPOSES 

The  objects  for  which  the  association  was  formed  were : 

1.  To  maintain  the  highest  standard  in  the  profession. 

2.  To  promote  professional  fellowship  among  its  members  and  the  lawyers 
of  the  state. 

3.  To  aid  in  the  securing  of  good  government  in  the  state  and  nation. 

4.  To  preserve  inviolate  the  present  high  standard  of  the  judiciary. 

ORGANIZATION 

All  members  of  the  bar  of  the  state  in  good  standing,  who  shall  be  accepted 
by  the  executive  committee  and  who  shall  pay  the  yearly  fee  of  $5  may  become 
members  of  the  association. 

An  executive  committee  consisting  of  the  officers  of  the  association,  viz. : 
The  president,  vice  president,  secretary  and  treasurer,  together  with  one  person 
from  each  judicial  district,  who  shall  be  appointed  by  the  president,  passes  upon 
the  qualifications  of  applicants  for  admission  to  the  associatioq.  No  lawyer 
can  become  a  member  of  the  association  until  his  application  has  been  approved 
by  this  executive  committee. 

The  association  meets  at  least  once  in  each  year,  but  whenever  an  exigency 
presents  itself,  the  president  may  call  a  special  meeting  at  the  request  of  three 
members  of  the  association. 

The  work  of  the  association  devolves  upon  three  standing  committees,  viz. : 

1.  Committee  on  jurisprudence  and  law  reform. 

2.  Committee  on  legal  education  and  admission  to  the  bar. 

3.  A  disbarment  committee. 

It  is  the  duty  of  the  committee  on  jurisprudence  and  law  reform  to  consider 
proposed  amendments  to  the  codes  at  each  meeting  of  the  association  to  report 
the  changes,  if  any,  that  have  been  made  by  the  Legislature  since  the  last  meet- 
ing, also  all  modifications  of  the  rules  of  practice  that  shall  have  been  made  by 
the  Supreme  Court,  and  to  recommend  such  changes  in  the  code  and  in  the 
practice,  as  in  the  judgment  of  the  committee  tend  to  secure  a  proper  reform  of 
the  laws. 

It  is  the  duty  of  the  committee  on  legal  education  and  admission  to  the  bar 
to  recommend  to  the  faculty  of  the  University  of  Law  a  course  of  study  to  be 


HISTORY  OF  NORTH  DAKOTA  457 

pursued  as  a  qualification  for  admission  to  the  bar,  and  to  recommend  to  the 
Supreme  Court  a  standard  of  education  and  quahfication  to  be  adhered  to  as 
prerequisite  of  admission  to  the  bar. 

The  committee  has  recommended  a  three  years'  course  of  study  as  a  pre- 
requisite to  admission  and  the  passing  of  an  examination  on  twenty-seven 
difTerent  subjects  covering  every  branch  of  substantive  law  and  practice  as  an 
essential  qualification  of  admission  to  practice.  These  recommendations  have 
been  approved  by  the  Supreme  Court,  and  the  result  has  been  to  give  to  the  state 
in  the  past  five  years  a  large  number  of  young  lawyers  well  versed  in  the  law 
and  thoroughly  equipped  in  the  practice. 

The  disbarment  committee  consists  of  three  attorneys  who  have  supervision 
of  all  complaints  made  to  the  association  against  members  of  the  bar  of  the  state, 
whether  members  of  the  association  or  not. 

It  is  their  duty  to  investigate  all  such  complaints  when  they  are  substantiated 
by  affidavits  or  documentary  evidence  supporting  the  charges.  They  must  fix  a 
day  for  the  hearing  of  the  proofs  of  the  charges,  give  the  accused,  at  least  ten 
days'  notice  of  such  hearing  and  permit  him  to  appear  and  produce  before  the 
committee  any  evidence  he  may  desire  to  submit.  The  investigation  must  be 
made  secretly  and  without  any  publicity  whatsoever,  and  if  the  committee  find 
from  their  investigation  that  further  investigation  is  necessary,  it  is  their  duty 
to  prepare  and  file  in  the  office  of  the  clerk  of  the  Supreme  Court  an  accusation 
in  accordance  with  the  provisions  of  the  Revised  Codes  relating  to  disbarment, 
and  see  that  it  is  presented  in  that  court. 

The  Legislature  has  prescribed  by  statute  that  all  complaints  against  mem- 
bers of  the  bar  shall  be  referred  to  the  Bar  Association,  and  its  officers  and 
committees  are  clothed  with  authority  to  subpoena  witnesses  and  administer 
oaths. 

The  expenses  of  conducting  investigations  and  prosecutions  are  by  law  an 
absolute  charge  against  the  state.  There  is  an  annual  appropriation  of  one 
thousand  ($1,000.00)  dollars  by  the  state  for  this  purpose,  to  be  disbursed  under 
direction  of  the  Supreme  Court. 

The  attitude  of  the  association  toward  good  government  is  well  expressed 
by  Hon.  John  E.  Greene,  of  Minot,  who  was  president  of  the  association  in  1912, 
and  who  in  the  annual  address  to  the  association  at  Jamestown,  September  3, 
1912,  said: 

"If  we  are  to  aid  in  securing  good  government,  we  must  participate  in  every 
controversy,  the  issue  of  which  may  afi^ect  the  stability  and  efficiency  of  any 
department  of  the  government.  Any  law  which  threatens  that  stability  and 
efficiency  is  an  assault  upon  the  justice  which  guarantees  to  every  man  that 
which  is  his  due.  And  shall  we,  as  ministers  of  justice,  stand  idly  by  while  laws 
are  made  which  tie  the  hands  of  her  judges,  disgrace  her  courts,  and  make 
mockery  of  the  immutable  principles  which,  in  and  by  her  name,  have  won  every 
battle  for  human  liberty,  sanctified  the  noblest  efforts,  and  crowned  with  amazing 
success  the  worthiest  ambitions  of  men?  Let  it  not  be  understood  that  the  enact- 
ment of  such  laws  is  regarded  as  a  necessary  result  of  the  present  agitation  with 
respect  to  governmental  reforms.  But  we  must  not  overlook  the  possibilities. 
History  admonishes  that  the  excessive  zeal  of  advocates  of  radical  measures  has 
often  so  aroused  the  passions  of  the  people  that  their  action  has  reached  extremes 


458  HISTORY  OF  NORTH  DAKOTA 

undreamed  of  by  their  most  enthusiastic  leaders.  The  existence  of  sucli  condi- 
tions presents  a  rare  opportmiity  for  tlie  bar,  tlirough  conscientious  and  con- 
certed action,  to  demonstrate  its  fidelity  to  the  common  good,  and  render  worthy 
service  to  a  somewhat  bewildered  people.  It  can  be  done  by  proceeding,  with 
diligence  and  energy,  to  weed  out  from  our  laws  those  things  which  make  it 
possible  to  defeat  justice  by  delay;  which  hedge  about  the  courts  with  a  network 
of  useless  technicality  in  the  matter  of  pleadings,  objections,  exceptions,  assign- 
ments, and  specifications  of  error,  statements  of  the  case,  bills  of  exceptions,  and 
many  other  things  which  bring  no  light  or  aid  to  courts  or  juries  in  determining 
the  rights  of  litigants;  things  which  make  unjustly  expensive  the  processes  of 
appeal,  and  which  make  records  on  appeal  confusing  instead  of  helpful  to  the 
Appellate  Court. 

"If  we  can  demonstrate  to  the  people  that  it  is  the  purpose  of  the  lawyers 
of  the  state,  acting  through  this  association,  to  simplify  the  procedure  and  to 
shorten  the  time  between  the  summons  and  the  judgment,  we  shall  not  only  help 
the  litigant,  but  we  shall  help  ourselves  and  satisfy  the  people  that  the  bar 
deserves  more  consideration  than  it  has  had  from  them  in  recent  years. 

"Every  lawyer  knows  that  these  reforms  in  matters  of  procedure  are  the 
things  which  the  profession  wants-,  and  that  reforms  in  other  things  to  be  men- 
tioned later,  are  needed,  but  members  of  the  profession  have  heretofore  been 
indifferent  to  their  own  welfare,  and  to  that  of  their  clients,  and  so  the  reforms 
have  not  come.  The  people  have  also  the  right  to  expect  from  the  bar  direction 
and  aid  in  securing  upright  and  capable  judges.  It  is  the  imperative  duty  of 
every  lawyer,  and  of  the  county,  district  and  state  bar  associations,  to  use  every 
legitimate  means  to  insure  the  selection,  for  such  positions,  of  the  men  having 
the  highest  qualifications  therefor.  Neither  partisanship  nor  any  other  considera- 
tion should  deter  the  bar  from  taking  the  most  advanced  position  in  this  matter. 
Our  critics  may  accuse  the  association  of  mixing  in  politics  if  it  undertakes  to 
influence  the  judgment  of  the  people  in  these  things. 

"We  need  not  hesitate  to  plead  guilty  to  the  accusation.  Under  our  system 
of  state  government  the  election  of  judges  is  a  political  aft'air  of  the  highest 
order.  And  shall  not  that  body  of  men  which  can  best  judge  of  the  qualifications 
of  lawyers  for  judicial  office  indulge  in  the  politics  which  involves  the  selection 
of  such  officers? 

"We  may  not,  and  we  ought  not,  to  suffer  partisanship  to  enter  into  this 
question,  but  the  politics  of  a  judicial  campaign  is  a  thing  apart  from  partisan- 
ship. In  every  such  campaign,  a  bar  association  should  be  the  most  active,  the 
most  potent  factor  in  it. 

"The  enactment  of  laws  to  shorten  and  make  plain  the  highways  of  justice, 
and  the  selection  of  upright  and  wise  men  to  administer  justice  according  to 
those  laws,  are  the  things  which,  more  than  all  others,  give  strength  and  stability 
to  government. 

"This  association  under  its  constitution  stands  pledged  to  aid  in  securing 
good  government,  and  especially  to  the  maintenance  of  the  highest  standard  of 
the  judiciary.  Within  the  bar  of  the  state  exists  the  ability  and  the  power  to 
promote  and  attain  these  things,  and  if  in  the  accomplishment  of  them  we  must 
resort  to  politics,  it  is  incumbent  upon  the  bar,  by  bringing  those  qualities  into 
action,  to  demonstrate  to  the  people  of  this  state  that  it  can  be  done,  and  that  the 
bar  is  the  cleanest  and  most  progressive  political  power  in  the  state. 


HISTORY  OF  NORTH  DAKOTA  459 

"Steadfastly  and  earnestly  pursuing  such  a  course,  we  shall  soon  find  the 
people  of  this  state  looking  to  us  for  guidance  in  these  important  concerns,  with 
confidence  in  our  loyalty  to  their  interests  as  well  as  to  our  own.  We  owe  it  to 
ourselves  and  to  the  cause  of  justice  to  put  ourselves  into  such  a  relationship  to 
the  people  of  this  state  and  their  government. 

"It  was  my  privilege  last  winter  to  hear  one  of  the  greatest  of  American 
lawyers  and  statesmen,  when  addressing  a  similar  organization,  use  words  which 
ought  to  kindle  some  enthusiasm  in  the  heart  of  any  lawyer.    He  said : 

"  'We  have  believed,  we  have  always  believed,  our  fathers  believed,  our  gov- 
ernment is  founded  upon  the  belief,  that  for  the  weakest  and  the  humblest,  be 
he  a  criminal  condemned  to  death,  be  he  without  friends,  money  or  power,  or 
influence,  whoever  speaks  in  the  name  of  that  justice  which  is  superior  to  human 
desires  and  impulses  and  wishes,  has  behind  him  the  power  of  the  deliberate  and 
mature  judgment  of  the  jjeople  in  their  sober  moments,  when  the  voice  of  the 
people  is  the  voice  of  God.     *     *     * 

"  'There  is  one  thing  which  above  all  others  has  seemed  to  me  to  make  the 
advocate  of  essential  value  to  the  preservation  of  liberty  and  the  maintenance 
of  justice,  and  that  is  that  he  fears  not  the  face  of  power.  With  all  our  short- 
comings, with  all  the  wide  variation  of  character,  and  the  many  differing  degrees 
of  ability  and  force  which  are  found  in  an  association  of  lawyers  like  this,  there 
is  one  thing  among  all  the  lawyers  of  America  we  are  sure  to  find,  and  that  is, 
that  for  the  weakest,  for  the  poorest,  for  the  most  unnoted  and  uncared  for 
client,  we  fear  not,  not  one  of  us,  not  the  weakest  of  us,  to,  assert  rights  against 
all  ovenvhelming  power  whatever.  So  long  as  there  exists  in  a  civil  community 
a  great  body  of  men  who  have  that  characteristic,  liberty  cannot  die.'  " 

REFORM  OF  CIVIL  PROCEDURE 

The  aim  of  the  association  is  to  have  the  civil  procedure  improved  and  sim- 
plified by  rules  of  court  rather  than  by  legislative  enactment.  It  realizes  that 
legislative  reform  is  a  slow  process,  that  it  can  be  had  only  at  long  intervals, 
while  such  reform  as  the  courts  themselves  have  the  power  to  apply  can  be  had 
without  delay.  Small  defects  in  procedure,  or  mere  verbal  inaccuracies,  may 
render  a  law  inoperative.  Amendment  by  law  of  such  defects  or  inaccuracies 
is  of  necessity  slow,  while  reform  by  rules  of  court  is  elastic  and  defects  and 
inaccuracies  can  be  readily  amended,  modified  and  perfected  as  time  and  experi- 
ence may  demonstrate.  The  whole  subject  matter  is  peculiarly  within  the 
province  of  the  judicial  department,  and  it  is  to  be  hoped  that  the  bar  association 
will  labor  with  the  Legislature  mitil  it  ceases  to  legislate  on  procedure  and  rele- 
gates the  entire  subject  to  the  courts.  The  present  tendency  in  North  Dakota 
is  toward  making  changes  in  and  additions  to  our  laws  easier,  and  to  invite  into 
the  field  of  legislative  activity  the  entire  electorate  of  the  state.  It  is  not  surprising 
that  those  who  are  giving  intelligent  thought  to  questions  of  civil  government 
should  begin  to  devise  plans  for  placing  beyond  the  reach  of  legislative  inter- 
ference the  subjects  of  practice  and  procedure  in  the  courts. 

Elihu  Root,  president  of  the  Bar  Association  of  New  York,  in  1911,  com- 
menting on  this  subject,  said: 

"Comparison  between  the  two  statutes  reveals  plainly  the  fact  that  for  many 


460  HISTORY  OF  NORTH  DAKOTA 

years  we  have  been  pursuing  the  pohcy  of  attempting  to  regulate  by  specific  and 
minute  statutory  enactment  all  the  details  of  the  process  by  which,  under  a  multi- 
tude of  varying  conditions,  suitors  may  get  their  rights. 

"Such  a  policy  never  ends.  The  attempt  to  cover  by  express,  specific  enact- 
ment, every  conceivable  contingency,  inevitably  leads  to  continual  discovery  of 
new  contingencies  and  unanticipated  results,  requiring  continual  amendment  and 
supplement.  Whatever  we  do  to  our  Code,  so  long  as  the  present  theory  of 
legislation  is  followed  the  Code  will  continue  to  grow  and  the  vast  mass  of 
specific  and  technical  provisions  will  continue  to  increase.  I  submit  to  the  judg- 
ment of  the  profession  that  the  method  is  wrong,  the  theory  is  wrong,  and  that 
the  true  remedy  is  to  sweep  from  our  statute  books  the  whole  mass  of  detailed 
provisions  and  substitute  a  simple  practice  act  containing  only  the  necessary 
fundamental  rvdes  of  procedure,  leaving  all  the  rest  to  the  rules  of  court.  When 
that  has  been  done  the  Legislature  should  leave  our  procedure  alone." 

Again  in  the  same  address,  and  referring  to  the  practice  under  the  New  York 
Code  as  it  now  is,  he  said: 

"Let  me  recall  some  of  the  effects  of  such  a  system  as  we  now  have,  well 
known  as  they  are  to  all  of  us.  The  system  of  attempting  to  cover  every  minute 
detail  with  legislation  appropriate  to  every  conceivable  set  of  circumstances  is 
to  create  a  great  number  of  statutory  rights  which  the  courts  are  bound  to  respect 
because  they  are  the  law ;  which  suitors  are  entitled  to  demand  because  the  law 
gives  them.  In  some  cases  they  may  contribute  to  the  attainment  of  justice. 
In  other  cases  they  may  obstruct  it.  The  courts  cannot  apply  the  rule  of  justice 
because  they  must  apply  the  law.  These  artificial  statutory  rights  become  the 
subject  matter  of  special  litigation  intervening  between  the  demand  for  redress 
and  the  attainment  of  it."' 

OFFICERS  SINCE  ORGANIZATION 

Presidents 

Seth  Newman,  Fargo,  1899-1902. 
James  H.  Bosard,  Grand  Forks,  1902-1904. 
H.  A.  Libby,  Park  River,  1904- 1906. 
John  Carmody,  Hillsboro,  1906- 1907. 
S.  E.  Ellsworth,  Jamestown,  1907-1908. 
F.  H.  Register,  Bismarck,  1908-1909. 
Lee  Combs,  Valley  City,  1909-1910. 
Andrew  A.  Bruce,  Grand  Forks,  1910-1911. 
John  E.  Greene,  Minot,  1911-1913. 

A.  G.  Divet,  Wahpeton,  1913-1914. 
John  Knauf,  Jamestown,  1914-1915. 

B.  W.  Shaw,  Mandan,  1915-1916. 

Secretaries 

W.  J.  Burke,  Bathgate,  1899-1902. 
W.  H.  Thomas,  Leeds,  1902-1912. 
W.  H.  Stutsman,  Mandan,  1912-1913, 
Oscar  J.  Seller,  Jamestown,  1913-1916. 


CHAPTER  XXIX 
PROHIBITION 

A  brief  statement  of  the  sentiment  of  the  Territory  of  Dakota  prior  to  its 
division  into  separate  states  is  essential  to  a  clear  understanding  of  the  steps 
which  led  to  the  adoption  by  the  Constitutional  Convention  of  an  article  pro- 
hibiting the  manufacture  and  sale  of  intoxicating  liquors  as  a  beverage,  and 
providing  for  its  submission  for  ratification  or  rejection,  to  a  separate  vote  at 
the  election  which  should  be  called  for  the  adoption  of  the  constitution. 

Many  people  both  of  North  and  South  Dakota  were  opposed  to  the  license 
system  for  the  sale  of  intoxicating  liquors,  which  had  been  the  policy  of  the 
territor>'  from  its  creation.  This  license  system  made  it  possible  for  saloons  to 
exist  in  every  city,  town  and  village  of  the  territory.  Saloons  were  everywhere, 
saloonmen  were  dominant  political  factors  and  were  in  many  localities  the  con- 
trolling influence  in  the  selection  of  county,  city  and  school  officers. 

Temperance  people  denounced  the  lawlessness  of  the  saloonmen  and  led  by 
the  Woman's  Christian  Temperance  Union,  inaugurated  in  the  early  89's  sys- 
tematic work  for  the  extermination  of  saloons  and  the  eliminating  of  saloonmen 
as  political  powers  in  the  territory.  Their  agitation  and  efforts  in  behalf  of 
temperance  awakened  public  sentiment  and  the  Territorial  Legislature  chosen 
in  1887  was  opposed  to  the  license  system  and  favorable  to  prohibition.  It 
enacted  a  county  local  option  law,  and  it  was  approved  by  the  then  governor  of 
the  state,  Louis  K.  Church,  on  the  nth  day  of  March,  1887. 

A  number  of  counties  by  vote  substituted  the  prohibition  policy  for  the  license 
system  and  the  battle  for  the  banishment  of  saloons  from  the  territory  was 
earnestly  waged,  and  the  sentiment  for  absolute  prohibition  throughout  the 
territory  marched  forward  by  leaps  and  bounds. 

The  Territorial  Legislature  which  assembled  at  Bismarck  in  January,  1889, 
was  favorable  to  prohibition.  A  law  providing  for  it  throughout  the  territory 
was  passed  by  the  Council,  but  on  the  22d  day  of  February,  1889,  the  Congress 
of  the  United  States  had  passed,  and  President  Cleveland  had  approved,  the 
so-called  "Enabling  Act,"  in  which  was  a  provision  for  the  division  of  the  terri- 
tory, and  its  admission  to  the  Union  as  two  separate  states. 

OCCUPATION    GONE 

The  Territorial  Legislature -wisely  concluded  its  "occupation  was  gone"  and 
therefore  the  House  defeated  the  prohibition  bill  of  the  Council  and  relegated 
the  entire  subject  to  the  prospective  states.  This  law  was  practically  and  literally 
a  copy  of  the  statute  of  Kansas  on  the  subject,  and  was  the  foundation  upon 

461 


462  HISTORY  OF  NORTH  DAKOTA 

which  was  constructed  the  present  prohibitory  law  of  this  state.  The  "EnabHng 
Act"  prescribed  that  the  governor  of  the  territory,  the  chief  justice  and  the  secre- 
tary thereof,  should  meet  at  Bismarck,  the  then  capital  of  the  territory,  and 
divide  it  into  twenty-tive  districts,  as  nearly  equal  in  population  as  practicable, 
three  delegates  to  be  chosen  from  each  district,  who  were  to  meet  at  Bismarck 
for  the  North  Dakota  Constitutional  Convention.  Prior  to  the  Constitutional 
Convention  there  was  an  organization  existing  in  North  Dakota  known  as  The 
North  Dakota  Non-Partisan  Temperance  Alliance,  which  took  an  active  part  in 
the  selection  and  election  of  delegates  favorable  to  the  principle  of  prohibition. 
Under  its  auspices  a  state  convention  composed  of  about  one  hundred  delegates 
convened  at  Grand  Forks,  to  consider  the  question  of  prohibition. 

After  a  full  discussion  and  consideration  of  the  question  in  all  its  aspects, 
this  convention  recommended  that  an  article  favoring  prohibition  be  embodied 
in  the  constitution  and  submitted  to  the  people  as  a  separate  proposition.  They 
wanted  an  independent  expression  of  sentiment,  and  did  not  desire  that  the  final 
adoption  of  the  constitution  by  the  people  be  endangered.  It  feared  that  the 
saloon  element  in  the  state  might  combine  with  those  opposed  to  statehood  and 
thus  defeat  the  constitution  itself.  This  strategic  move  of  the  temperance  forces 
impressed  the  delegates  of  the  Constitutional  Convention  favorably,  and  the 
effort  to  embody  prohibition  in  the  constitution,  to  stand  or  fall  with  the  con- 
stitution as  a  whole,  was  defeated  by  a  substantial  vote.  The  outcome  of  the 
election  on  the  adoption  of  the  constitution  proved  the  wisdom  of  the  temperance 
forces,  as  the  article  was  adopted  by  the  meager  majority  of  1,159.  there  being 
18,552  for  the  adoption,  and  17,393  against  adoption.  President  Harrison  issued 
his  proclamation  declaring  that  North  Dakota  had  adopted  a  constitution,  repub- 
lican in  form,  with  prohibition  as  a  separate  article  thereof,  and  admitting  it  into 
the  Union  on  the  2d  day  of  November,  1889. 

Upon  the  happening  of  this  event,  John  Miller,  who  had  been  elected  governor 
of  the  state,  called  the  first  session  of  the  State  Legislature  to  assemble  at 
Bismarck  on  the  19th  day  of  November,  1889,  which  continued  its  session  up 
to  and  including  March  18,  1890. 

NON-P.\RTISAN    ALLIANCE 

In  the  meantime  the  North  Dakota  Non-Partisan  Temperance  Alliance  had 
selected  Charles  A.  Pollock,  of  Fargo,  who  for  many  years  has  been  judge  of 
the  Third  Judicial  District,  a  recognized  leader  of  prohibition  sentiment,  and  a 
notably  vigorous  prosecutor  of  violators  of  the  local  option  law;  Robert  M. 
Pollock,  who  had  been  a  member  of  the  Constitutional  Convention,  and  chiefly 
instrumental  in  the  passage  of  the  prohibitory  article;  and  George  F.  Goodwin, 
the  first  attorney-general  of  the  state,  and  a  known  prohibitionist,  as  a  committee 
to  draft  and  submit  for  the  consideration  of  the  Legislature,  a  law  which  should 
prescribe  regtilations  for  the  enforcement  of  the  prohibitory  article,  and  provide 
adequate  penalties  for  its  violation.  The  work  of  preparing  this  law  devolved 
mainly  upon  Judge  Pollock,  and  the  ground  work  upon  which  he  built  the  entire 
statute  was  the  prohibitory  statute  enacted  by  the  Territorial  Council  of  1889. 

This  statute  was  amended,  modified  and  adapted  to  the  different  conditions 
prevailing  in  North  Dakota,  some  provisions  of  the  Iowa  law  on  the  subject 


HISTORY  OF  NORTH  DAKOTA  463 

were  incorporated  and  a  number  of  original  propositions  were  added,  especially 
the  procedure  in  contempt  cases.  This  procedure  is  found  in  no  other  law  of 
the  United  States,  and  to  Judge  Pollock  belongs  the  credit  of  originating  and 
perfecting  it.  The  law  so  prepared  was  introduced  in  the  House,  by  Representa- 
tive Haugen  of  Grand  Forks,  chairman  of  the  temperance  committee  of  the 
House,  and  is  known  on  its  records  as  House  Bill  No.  6.  It  was  simultaneously 
introduced  in  the  Senate  by  Senator  Rowe  of  Cass  County,  who  was  also  presi- 
dent of  the  Temperance  Alliance,  and  it  is  known  on  the  Senate  Records  as 
Senate  Bill  No.  i. 

The  House  acted  promptly  and  passed  the  bill  with  few  amendments,  the 
most  important  being  that  the  law  should  take  effect  April  1st,  instead  of  Janu- 
ary 1st,  as  provided  in  the  original  draft.  On  December  12,  1889,  it  passed  the 
House  by  a  vote  of  59  ayes  to  i  nay,  two  members  being  absent  and  excused. 
It  was  in  due  course  messaged  to  the  Senate,  where  it  successfully  "ran  the 
gauntlet"  of  dilatory  motions  and  amendments.  The  principal  amendment  made 
in  the  Senate  was  to  strike  out  "The  Emergency  Clause"  making  the  law  in 
force  and  effect  July  ist.  This  amendment  was  concurred  in  by  the  House 
and  the  bill  was  enrolled,  signed  by  the  proper  officers  of  the  respective  houses 
and  presented  to  Governor  Miller,  who  signed  the  same  on  the  19th  of  December, 
1889.  Thus  promptly  the  Legislature  obeyed  the  mandate  of  the  fundamental  law 
of  the  state  and  by  statute  law  prescribed  drastic  penalties  for  its  violation. 

On  July  I,  1890,  the  open  saloon  disappeared  from  the  state,  except  in  a  few 
communities,  where  the  local  sentiment  was  adverse  to  prohibition.  The  reput- 
able saloon  men  who  had  prospered  under  the  license  system,  as  a  rule  obeyed 
the  law,  closed  out  their  business  and  moved  to  states  where  the  license  system 
was  in  vogue. 

The  lawless,  disreputable  and  irresponsible  persons  opened  "blind  pigs"  and 
supported,  to  a  certain  extent,  by  public  sentiment  in  their  locality,  evaded  the 
law  and  defied  the  authorities.  Then  a  volunteer  association  was  formed  in  the 
state,  known  as  the  State  Enforcement  League,  which,  in  co-operation  with 
the  Woman's  Christian  Temperance  Union,  raised  funds  and  vigorously  made 
war  upon  these  law  breakers.  Great  credit  should  be  given  these  organizations  for 
their  vigilance  in  suppressing  this  lawlessness,  and  in  enforcing  the  statutory 
and  constitutional  provisions.  Their  members  gave  freely  of  their  time  and 
money,  not  only  to  exterminate  saloons  and  blind  pigs,  but  also  to  secure  legisla- 
tion strengthening  and  making  more  efficient  the  existing  law.  Representatives 
of  these  organizations  attended  the  legislative  sessions  and  defeated  every  attempt 
to  weaken  the  law,  or  to  submit  the  question  of  prohibition  again  to  the  vote  of 
the  people.  Frank  Lynch,  a  prominent  business  man  of  Cass  County,  was 
president  of  the  Enforcement  League,  until  he  moved  to  California,  when  he 
was  succeeded  by  R.  B.  Griffith,  of  Grand  Forks,  who  has  devoted  much  time 
from  his  business  interests,  and  thereby  contributed  largely  to  the  maintenance 
of  law  and  order  in  the  state. 

Elizabeth  Preston-Anderson,  who  has  been  president  of  the  Woman's  Christian 
Temperance  Union  since  statehood,  always  attended  the  legislative  sessions,  where 
she  worked  without  cessation,  night  and  day,  to  prevent  the  repeal  of  the  law, 
or  a  passage  of  a  re-submission  amendment  to  the  constitution.  She  secured  also 
much  of   the  additional  legislation  which  tended  to  strengthen  the  prohibitory 


464  HISTORY  OF  NORTH  DAKOTA 

law,  and  aid  in  its  enforcement.  The  friends  of  temperance  everywhere  owe  a 
debt  of  gratitude  to  this  fragile  little  woman  who  successfully  combated  every 
movement  of  the  liquor  forces,  which  endeavored  in  a  number  of  legislative  ses- 
sions to  modify  the  law  by  striking  out  its  imprisonment  provisions,  and  submit 
a  constitutional  amendment  repealing  prohibition. 

AMENDMENTS 

Among  the  amendments  to  the  law  was  one  passed  in  1895  as  to  "Druggists' 
Permits."  The  county  courts  were  authorized  when  petitioned  by  twenty-five 
reputable  freeholders  to  grant  a  hearing  upon  notice  to  the  public  and  if  no 
protest  was  filed  or  objection  made,  to  issue  a  permit  upon  the  applicant  filing  a 
bond  in  the  sum  of  $1,000,  conditioned  that  he  would  sell  and  dispense  intoxicating 
liquors  according  to  the  provisions  of  the  prohibition  law. 

Then  a  statute  was  enacted  defining  intoxicating  liquors  so  as  to  include  any 
mixture  that  would  produce  intoxication  and  any  liquors  containing  certain 
ingredients  were  to  be  considered  intoxicating.  But  any  liquors  containing  less 
than  2  per  cent  of  alcohol  by  volume  were  declared  non-intoxicating. 

In    1903   under  the   administration   of    Governor   Elmore   Y.    Sarles,   a   law 
"  offering  a  reward  of  $50,  for  the  arrest  and  conviction  of  any  violator  of  thd 
prohibition  law,  was  enacted,  the  reward  to  be  paid  by  the  county  where  the 
offense  was  committed.     The  results  obtained  under  this  law  were  unsatisfac- 
tory and  it  was  repealed  in  1909. 

During  the  administration  of  John  Burke  as  governor,  the  seizure  and  con- 
fiscation of  liquors,  either  with  or  without  warrant  was  authorized,  providing, 
however,  that  this  law  should  not  apply  to  registered  pharmacists.  The  publi- 
cation and  registration  of  the  Federal  special  tax  receipts  was  provided  for 
and  the  importation  of  unusually  large  amounts  of  any  liquors,  wines  or  beer, 
was  constituted  presumptive  evidence  that  the  importation  was  a  violation  of 
law;  soliciting  orders  for  intoxicating  liquors  was  declared  unlawful  and  pun- 
ishable as  a  misdemeanor.  The  owner  of  a  building  where  intoxicating  liquors 
were  kept  for  sale  and  sold  as  a  beverage  was  declared  liable  for  its  unlawful 
use.  The  issuance  of  druggists'  permits  was  taken  from  the  County  Court  and 
lodged  in  District  Courts.  Application  was  to  be  made  and  thirty  days'  public 
notice  of  hearing  on  the  application  were  prerequisites  of  granting  a  permit, 
but  physicians  were  permitted  to  prescribe  liquors  in  cases  of  emergency,  pro- 
vided, however,  ohe-half  pint  was  prescribed  for  one  sale  and  one  delivery. 
Liquor  advertising  in  any  form  was  declared  unlawful  and  the  use  of  liquor 
on  passenger  trains  and  its  use  in  any  state  institution  forbidden,  and  the  givmg 
away  and  distribution  of  liquors  to  be  used  as  a  beverage  was  also  declared 
unlawful.  At  this  time  the  keeping  of  a  place  where  any  intoxicating  liquors 
were  sold  was  in  a  large  portion  of  the  state  entirely  suppressed,  but  the  lawless 
element  continued  the  sale  of  intoxicating  liquors,  especially  during  the  harvest 
season,  by  hawking  it  in  satchels,  and  from  the  pockets  of  overcoats,  and  in  the 
administration  of  Governor  Hanna,  this  system,  properly  known  as  "bootleg- 
ging," was  declared  a  crime,  punishable  by  imprisonment  in  the  penitentiary 
for  a  period  of  six  months  to  a  year.  The  enforcement  of  the  law  was  materi- 
ally aided  also  by  the  passage  of  an  act  authorizing  the  attorney-general,  his 


Courtesy  Northern  Pacific  Railway 

METHOD  OF  PLOWING  IN  NORTH  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  465 

assistants,  states  attorneys  and  their  assistants,  to  inspect  the  records  of  freight 
and  express  companies,  and  by  providing  a  penaUy  for  receiving  or  receipting 
for  Hquor  in  a  fictitious  name. 

THE  COURTS  ACT  FAVGRADLY 

The  District  courts  of  the  state  have  consistently  and  uniformly  upheld  the 
law  and  meted  out  severe  punishment  to  offenders.  The  Supreme  Court  has 
construed  the  law  liberally  and  has  held  as  constitutional  all  statutes  passed  to 
aid  in  its  enforcement,  except  the  law  providing  for  the  appointment  of  tem- 
perance commissioner,  who  had  been  given  the  powers  of  an  assistant  attorney- 
general,  and  of  a  states  attorney.  The  Supreme  Court  holding  in  that  case 
that  such  police  powers  were  conferred  exclusively  by  the  constitution  upon 
the  attorney-general  and  states  attorneys,  and  the  attempt  to  confer  these  powers 
upon  a  commissioner  was  in  violation  of  the  constitutional  provision. 

It  is  not,  however,  within  the  purview  of  a  historical  article  to  analyze  and 
comment  upon  the  different  provisions  of  this  law.  It  is  sufficient  to  say  that 
for  a  quarter  of  a  century  it  has  stood  the  test  of  the  courts  where  it  has  been 
fiercely  assailed  from  every  legal  standpoint.  Its  constitutionality  is  now 
unquestioned,  and  its  procedure  is  universally  accepted  as  a  proper  and  reason- 
able exercise  of  the  police  power  of  the  state.  It  stands  as  a  monument  to  the 
legal  learning  and  the  ability  of  Judge  Charles  A.  Pollock,  the  father  of  the 
prohibition  law. 

In  connection  with  the  above  this  writer  called  upon  Judge  Pollock  for  a 
statement  of  his  present  views  in  relation  to  the  effect  and  enforcement  of  the 
prohibition  law.     The  following  is  his  reply : 

"Fargo,  August  7,  191 5. 
"Col.  C.  A.  Lounsberry, 

"76  New  York  Ave.  N.  E., 
"Washington,  D.  C. 

"My  Dear  Colonel:  In  response  to  your  favor  of  the  3d  will  say  that  I  am 
sending  you  under  another  cover  a  copy  of  my  Manual  of  the  Prohibition  Law 
of  the  State  of  North  Dakota.  The  first  chapter  you  will  see  is  devoted  to  a 
short  history  of  the  law,  and  I  believe  will  cover  generally  what  you  want.  Mr. 
Hamilton  spoke  to  me  recently  at  Grand  Forks  concerning  the  matter,  and  I 
called  his  attention  to  where  he  could  get  a  similar  book. 

"In  that  book  I  made  very  little  comment  upon  the  personal  matters  involved. 
I  might  have  added  that  the  pens  with  which  the  law  was  signed  were  given  to 
me  and  I  sent  them  to  my  mother,  Mrs.  John  Pollock,  then  living  at  Clinton, 
Iowa,  as  a  Christmas  present,  giving  her  a  life  lease  of  the  same.  Upon  her 
death,  twenty  years  ago,  they  were  returned  to  me  and  are  now  in  my  pos- 
session and  I  expect  to  turn  them  over  to  the  historical  society  of  the  state.  It 
is  quite  important  to  notice  that  only  one  vote  was  cast  against  the  bill  in  the 
House  and  eight  in  the  Senate. 

"In  addition  to  what  was  said  in  that  connection,  it  might  be  well  to  note 
that  immediately  upon  entering  statehood  and  the  passage  of  this  law,  the 
courts  were  compelled  to  wrestle  with  all  questions  growing  out  of  its  constitu- 
tionality,  and   certain   matters    with   reference   to    statutory   construction    which 


466  HISTORY  OF  NORTH  DAKOTA 

would  suggest  themselves  to  the  attorneys  who  were  attempting  to  get  their 
clients  out  of  limbo  when  charged  with  unlawful  sales. 

"I  know  something  about  that  litigation,  for  I  think  I  was  connected  with 
it  all,  and  it  is  my  pleasure,  viewed  from  this  standpoint  and  period  of  life, 
to  add  that  it  was  done  without  compensation,  since  the  respect  and  loyalty  of 
a  splendid  class  of  citizens  through  all  these  years  have  conferred  the  highest 
reward. 

"It  has  always  been  my  theory  that  liquor  and  larceny  cases  should  be  tried 
just  alike.  Since  going  upon  the  bench  I  have  adopted  that  policy.  The  trouble 
is  with  liquor  people  they  want  a  big  advantage  and  feel  piqued  if  the  courts 
do  not  put  them  in  a  little  higher  class  than  other  ordinary  criminals.  I  am 
glad,  however,  to  say  that  in  at  least  a  large  part  of  the  state  that  notion  is 
fast  passing  away.  In  my  district  we  have  no  more  trotible  in  dealing  with  a 
liquor  than  a  larceny  case. 

"I  do  not  believe  that  a  person  charged  with  the  crime  of  violating  the  Pro- 
hibitory Liquor  Law  should  be  convicted  unless  the  evidence  is  sufficient,  and 
very  frequently  I  have  been  called  upon  to  dismiss  actions  where  the  proof  was 
not  of  the  high  grade  required  by  law  to  convict.  Sometimes  the  temperance 
people  make  the  mistake  in  expecting  the  courts  to  convict  without  evidence  or 
upon  hearsay  evidence.  No  successful  enforcement  of  law  can  be  ever  accom- 
plished upon  that  theory.  This  is  an  age  when  people  are  demanding  a  'square 
deal,'  and  they  ought  to  have  it  if  possible. 

"You  have  no  idea  what  an  improvement  has  come  to  our  twin  cities — Fargo 
and  Moorhead — by  the  extermination  of  the  saloons  in  Clay  County.  During 
the  month  of  July, '1914,  there  were  439  arrests.  During  the  month  of  July, 
191 5,  there  were  but  31,  and  28  of  those  occurred  the  first  two  days  in  July, 
which  really  constituted  a  part  of  the  final  wind-up  of  the  saloon  system.  In 
other  words,  for  the  month  of  July,  after  July  2d,  there  were  only  three  arrests. 
You  probably  know  that  during  the  last  year  in  Moorhead  there  were  over  four 
thousand  arrests. 

"I  have  a  feeling,  Colonel,  that  prohibition  has  not  only  been  a  good  thing  for 
the  State  of  North  Dakota,  but  also  that  the  state  was  fortunate  in  being  able 
to  set  an  example  to  other  states  in  the  Union  and  by  such  example  have  been 
able  to  demonstrate  the  possibility  and  the  practicability  of  the  prohibitory  system 
of  dealing  with  the  liquor  traffic.  If  you  were  to  see  my  mail  and  observe  the 
notes  of  inquiry  coming  from  all  over  this  country  and  others,  you  would  feel 
persuaded  that  in  tliis  last  statement  I  am  correct.  We  have  been  as  it  .were  'a 
city  set  upon  a  hill,'  and  the  peoples  of  other  cities  and  countries  have  been 
watching  our  movements.  It  was  fortunate,  therefore,  that  Maine,  Kansas  and 
North  Dakota  were  able  to  stand  during  the  crucial  period  when  other  states, 
which  had  previously  adopted  prohibition,  were  going  back  to  their  cups. 

"You  probably  read  in  the  paper  of  my  sentence  of  one  Hendrickson  who 
plead  guilty  to  the  murder  of  his  wife.  That  will  give  you  my  settled  and  de- 
termined conviction  with  reference  to  the  American  saloon  after  thirty-four 
years'  contact  with  it,  four  of  which  in  territorial  days  I  was  prosecuting  attorney 
under  the  license  system,  and  recently  nineteen  years  as  presiding  judge  of  this 
district. 

"In  the  month  of  June  last  I  was  asked  by  the  editor  of  the  Christian  Advo- 


HISTORY  OF  NORTH  DAKOTA  467 

cate  of  New  York  (the  leading  Methodist  paper  of  the  country)  to  prepare  an 
article  on  a  quarter  of  a  centtiry  of  prohibition  in  North  Dakota.  It  was  pub- 
lished in  the  issue  of  June  27,  191 5.  I  have,  however,  a  copy  which  I  enclose 
for  your  convenience. 

"If  you  will  turn  to  my  history  in  the  Manual  you  will  see  that  I  was  chair- 
man of  the  committee  which  framed  the  prohibitory  law.  I  presume  it  is 
because  of  that  that  I  am  frequently  styled  in  this  state,  though  improperly,  'the 
father  of  the  Prohibition  Law.'  You  know  that  in  all  instances  of  this  kind  the 
chairman  of  the  committee  receives  more  honor  than  is  his  due,  and  especially 
if  the  measure  has  been  one  of  great  importance.  For  instance,  Hobson  is  known 
as  the  hero  of  the  Merrimac,  and  yet  I  presume  the  seven  other  fellows  who 
were  with  him  and  whose  names  are  forgotten,  were  just  as  heroic  and  did  as 
valiant  service  as  did  Hobson,  but  Hobson  happened  to  be  the  chairman  of  the 
bunch.  Of  course  this  is  nothing  against  Hobson.  but  it  rather  illustrates  a 
condition. 

"You  know  full  well  that  R.  M.  Pollock  was  a  member  of  the  Constitutional 
convention,  while  I  was  not.  He  was  a  member  of  the  temperance  committee 
of  that  body.  Of  course  all  interested  persons  both  in  and  out  of  the  Constitu- 
tional convention  may  have  helped  phrase  the  article  in  the  Constitution,  but  only 
those  who  were  in  the  convention,  and  especially  those  upon  the  committee,  are 
entitled  to  credit  for  that  work.  I  have  frequently  been  introduced  to  public 
audiences  as  the  one  who  prepared  the  Constitutional  article.  That  is  an  error, 
although  I  did  give  all  the  advice  that  I  had  at  hand  with  reference  to  it.  You 
know  that  R.  M.  Pollock  and  I  are  not  related. 

"With  reference  to  the  law,  having  been  a  prosecuting  attorney  here  at  the 
See  city  of  the  Judiciary  of  North  Dakota,  because  then  we  only  had  one  judge 
for  all  this  part  of  the  state — Judge  McConnell — it  fell  to  my  lot  in  the  year  1887 
to  work  out  many  of  the  problems  in  connection  with  the  enforcement  of  the 
Prohibitory  Law  occurring  that  year  under  local  option. 

"With  this  experience  naturally  a  large  part  of  the  work  fell  upon  me,  but 
I  want  to  say  that  the  people  of  North  Dakota  can  never  fully  repay  R.  M.  Pol- 
lock and  George  F.  Goodwin,  who  was  then  attorney  general,  for  the  assistance 
they  rendered  in  the  final  preparation  of  the  law.  It  is  but  just  to  them,  and  I 
hope  if  you  make  any  mention  of  the  facts  in  your  history  you  will  not  fail  to 
accord  full  credit  to  them.  I  worked  out  the  original  plan  of  the  law  basing 
it  upon  the  Kansas  law  and  after  getting  a  proposed  law  in  shape  I  then  pre- 
sented it  to  the  other  members  of  the  committee.  We  then  worked  over  and 
wrought  out  the  bill  in  the  best  manner  and  in  the  quickest  time  possible,  and 
it  is  only  fair  to  say  for  the  committee  that  not  one  of  them  ever  received  one 
penny  of  compensation  for  what  they  did,  and  even  paid  their  own  expenses 
while  in  attendance  upon  the  Legislature  during  the  passage  of  the  bill. 

"After  the  matter  was  all  assembled  my  wife  (who  was  then  doing  all  mv 
typewriting)  ran  it  off  on  the  typewriter — making  sufficient  copies  of  the  Bill 
for  introduction  into  both  houses,  and  use  of  the  committees,  and  thtis  I  have 
frequently  said  in  a  jocular  manner  that  a  'woman  wrote  the  Prohibitory  Law 
of  North  Dakota.' 

"With  sincere  regards  I  beg  to  remain,  very  respectfully, 

"CHAS.  A.  POLLOCK." 


468  HISTORY  OF  NORTH  DAKOTA 

SENTENCE   OF   ROBERT    HENDRICKSON 

Remarks  of  Judge  Charles  A.  Pollock  upon  passing  sentence  upon  Robert 
Hendrickson  in  the  District  Court,  January  30,  1915: 

"Divine  and  human  law  declare  'Thou  shalt  not  kill.'  You  stand  before  the 
bar  of  justice  confessing  to  have  committed  the  revolting  crime  of  murdering,  in 
cold  blood,  the  woman  you  promised  to  love,  honor  and  protect.  Another  crime, 
that  of  attempted  self-destruction,  could  justly  be  laid  at  your  door.  The  inno- 
cent babe  which  came  to  bless  your  home  has  been  robbed  of  a  mother's  tender 
care.     You  have  pleaded  guilty  and  now  await  the  sentence  of  an  offended  law. 

"It  is  a  most  solemn  moment  in  the  life  of  a  court,  when  he  is  called  upon  to 
sit  in  judgment  upon  his  fellow  men.  Murder  and  treason  are  kindred  offenses. 
The  one  affects  the  individual,  the  other  the  State.  Both  alike  are  heinous  and 
the  penalty  of  death  may  be  inflicted  for  either. 

"Your  only  excuse  in  mitigation  is  that  you  were  drunk  when  you  committed 
the  deed — a  plea  which  can  only  be  received  to  save  you  from  the  gallows. 

"I  do  not  know,  and,  under  the  present  state  of  our  law,  I  never  want  to  know, 
who  sold  you  the  liquor,  under  the  influence  of  which  you  committed  this 
unnatural  crime.  Let  that  man's  conscience  bring  such  remorse  that  its  ener- 
gizing power  will  never  let  go  until  the  largest  possible  reparation  be  made. 

"Whoever  he  was,  and  wherever  he  may  be  at  this  sad  moment;  whether  his 
place  of  business  is  in  the  well-adorned  and  highly  decorated  room  where  tempting 
viands  appeal  to  the  taste ;  where  sweet  music  delights  the  ear  and  lulls  to  sleep 
the  reasoning  faculties ;  or  whether  it  is  in  the  lowest,  dirtiest,  man-abandoned, 
God-forsaken  and  death-dealing  charnel-house  of  despair,  where  abides  only 
thoughtless  and  sullen  greed  for  gain,  it  matters  not;  before  the  bar  of  God,  if 
not  of  man,  he  stands  alike  with  you  morally  responsible  for  this  horrible  crime. 

"The  trouble  is  he  is  not  here  with  you  to  receive  a  merited  punishment. 

"The  statute  says  'All  persons  concerned  in  the  commission  of  a  public  offense, 
whether  they  directly  commit  the  act  constituting  the  offense,  or  aid  or  abet  in 
its  commission ;  or  who  by  fraud,  contrivance  or  force,  occasion  the  drunkenness 
of  another  for  the  purpose  of  causing  him  to  commit  any  crime,  are  principals  in 
any  crime  so  committed.' 

"If  your  partner  in  this  offense  were  here,  he  would  plead  by  way  of  defense 
that  he  did  not  'by  fraud,  contrivance  or  force'  occasion  your  drunkenness — a  plea 
which  would  have  to  be  sustained. 

"How  much  longer  will  the  courts  be  deprived  of  authority  to  do  complete 
justice  between  their  fellow  men?  An  enlightened  and  long  suffering  public  will 
some  day,  and  that  very  soon,  rise  in  the  majesty  of  their  power,  and  demand  that 
the  Legislature  strike  out  the  words  'by  fraud,  contrivance  or  force'  and  'for  the 
purpose  of  causing  him  to  commit  any  crime,'  and  boldly  declare  that  he  who 
in  any  manner  sells  intoxicating  liquor  to  another  as  a  beverage,  under  the 
mfluence  of  which  a  crime,  whether  of  murder  or  of  some  lesser  offense,  is  com- 
mitted, is  equally  guilty  as  a  principal  in  any  crime  so  committed.  Such  a  law 
would  distribute  the  blame  and  place  it  upon  all  those  responsible  for  the  crime. 

"The  persons  who,  for  business  or  other  reasons,  vote  to  permit  the  continu- 
ance of  a  traffic  which  robs  men  of  their  reason,  increasing  the  liability  of  crime 
being  committed,  are  in  a  measure  responsible.    Away  with  your  mistaken  notions 


HISTORY  OF  NORTH  DAKOTA  469 

of  business  necessity.  It  does  not  exist.  Treason  against  the  State  stalks  abroad 
in  our  midst.  How  mucli  longer  will  the  people  permit  both  treason  and  murder, 
in  order  that  there  may  be  continued  a  system  of  dealing  with  the  liquor  traffic 
which  preys  upon  the  appetites  and  passions  of  men?  A  quarter  of  a  century  ago 
the  good  people  of  our  state  dissolved  partnership  with  the  accursed  license 
system.  The  State  of  Minnesota  still  permits  the  evil.  Her  splendid  western 
City  of  Moorhead,  well  located  for  business  and  containing  some  of  the  best 
people  on  earth,  seems  blind  to  the  great  wrong  of  the  traffic  in  rum.  We  must 
suffer  because  of  their  inability  to  see.  Most  of  the  persons  sent  to  the  peniten- 
tiary by  this  court  would  not  be  deprived  of  their  liberty,  and  our  state  would  not 
be  burdened  with  heavy  expense  for  their  care,  had  they  not  gotten  drunk  in  the 
saloons  of  Moorhead.  The  time  has  come  when  this  iniquity  should  be  banished 
forever.  You,  who  will  suffer  all  your  life  because  of  your  misdeed,  may  uncon- 
sciously by  your  act  arouse  public  sentiment  to  the  end  that  such  offenses  will  not 
be  repeated  and  that  its  contributing  cause  will  be  removed.  It  is  devoutly  to  be 
wished  that  such  will  be  the  case. 

"The  sentence  and  judgment  of  the  law  is  that  you,  Robert  Hendrickson,  be 
confined  in  the  penitentiary  at  Bismarck  at  hard  labor  for,  and  during,  the 
remainder  of  your  natural  life.     Let  judgment  be  entered  accordingly. 

"Chas.  A.  Pollock,  Judge." 

A  QUARTER  OF  A  CENTURY  OF  PROHIBITION  IN  NORTH  DAKOTA 

BY  JUDGE  CHAS.  A.  POLLOCK,  LL.  D. 

By  your  letter  of  the  25th  inst.  I  am  called  to  the  witness  stand.  You  want 
me  to  give  evidence  as  to  the  results  of  prohibition  in  North  Dakota.  There  is 
a  vast  distinction  between  testimony  and  evidence.  The  former  is  what  a  person 
says  under  oath,  the  latter  what  can  be  believed  of  such  sta,tements.  A  witness 
should  be  competent.  That  is  to  say,  he  ought  to  know  from  personal  knowledge 
of  the  facts,  about  which  he  proposes  to  testify.  A  lack  of  method  for  gathering 
statistics  renders  it  possible  to  put  before  the  public  many  statements  which,  by 
reason  of  the  incompetency  of  their  authors,  cannot  be  believed,  and  therefore 
ought  not  to  be  considered  as  evidence.  In  weighing  the  credibility  of  testimony 
we  have  a  right  to  take  into  consideration  the  personal  interest  of  the  witness. 
When  brewers  and  saloonmen  give  their  testimony  as  to  the  failure  of  prohibition 
it  is  exceedingly  appropriate  to  ask  by  what  interest  are  they  moved. 

I  must  presume  that  you  consider  me  competent  to  speak,  else  you  would  not 
make  your  request.  Before  statehood,  under  territorial  law,  the  license  system 
prevailed.  In  1887  there  was  passed  a  county  local  option  law,  under  which 
several  of  the  counties  in  what  now  constitutes  North  and  South  Dakota  went 
dry.  In  1889  both  states  were  admitted  to  the  Union,  each  carrying  in  its  consti- 
tution a  prohibitory  clause.    Paragraph  217  of  our  constitution  reads  as  follows: 

"No  person,  association  or  corporation  shall  within  this  state,  manufacture  for 
sale  or  gift,  any  intoxicating  liquors,  and  no  person,  association  or  corporation 
shall  import  any  of  the  same  for  sale  or  gift,  or  keep  or  sell  or  offer  the  same  for 
sale,  or  gift,  barter  or  trade  as  a  beverage.  The  legislative  assembly  shall  by  law 
prescribe  regulations  for  the  enforcement  of  the  provisions  of  this  article  and 
shall  thereby  provide  suitable  penalties  for  the  violation  thereof." 


470  HISTORY  OF  NORTH  DAKOTA 

In  harmony  with  the  mandates  of  this  section  the  Legislature  in  December 
of  that  year  enacted  our  present  Prohibitory  Liquor  Law,  which  has  remained 
upon  the  statute  books  with  sHght  changes,  made  necessary  as  experience  indi- 
cated, where  improvements  could  be  made. 

It  should  be  remembered  that  our  penalties  were  adequate  in  the  first  in- 
stance. For  the  first  offense  the  lowest  penalty  is  $200.00  fine  and  90  days  in 
the  county  jail,  the  highest,  $1,000.00  fine  and  one  year  in  the  county  jail. 
For  the  second  and  each  succeeding  offense  the  penalty  is  not  less  than  one  and  not 
to  exceed  two  years  in  the  penitentiary.  By  a  recent  amendment  so-called 
bootleggers — persons  who  carry  around  on  their  person  or  in  grips  liquors 
for  sale — are  sent  to  the  penitentiary  for  all  offenses.  The  trouble  in  a  large  num- 
ber of  states  where  they  attempt  and  fail  to  enforce  the  Prohibitory  Liquor  Law 
is.  that  the  penalties  have  not  been  adequate.  This  mistake  has  made  it  possible 
for  violations  of  the  law  to  continue  with  impunity.  Disgrace  is  therefore 
heaped  upon  the  system  because  the  remedial  character  of  the  law  is  not  sufficient. 

During  the  license  days  the  saloon  very  largely  controlled  the  politics  of  the 
territory.  At  that  time  we  had  one  distillery  and  about  eight  or  ten  breweries  in 
the  territory  now  constituting  North  Dakota,  all  of  which  went  out  of  existence 
with  the  advent  of  statehood.  It  should  be  remembered  that  we  are  largely  en- 
gaged in  raising  cereals,  which  necessitates  the  incoming  of  a  large  horde  of  men 
during  the  harvest  season.  The  rainy  day  was  a  serious  problem  to  every  farmer 
during  the  license  period  because  at  those  times  men  would  congregate  in  the 
little  towns  and  villages,  all  of  which  had  from  two  to  ten  saloons  according  to 
population.  Business  men  were  found  to  be  friendly  to  the  liquor  interests  and 
many  of  them  were  habitual  drinkers.  Stabbing  affrays  and  murders  were  of 
frequent  occurrence.  Scant  police  protection  could  not  afford  relief.  Court 
calendars  were  full  of  criminal  business  and  the  expense  to  the  public  was 
large.  Business  men  were  clamoring  for  no  change,  lest  their  sales  would  be 
injured,  rents  decreased  and  general  stagnation  follow.  Young  men  grew 
up,  feeling  that  the  business  of  the  saloonkeeper  was  respectable,  and  the  open 
sesame  to  political  preferment.  In  Fargo,  with  few  exceptions,  the  followers  of 
Blackstone,  numbering  about  forty,  were  regular  members  of  more  than  one 
bar.  Many  became  habitual  drinkers,  and  most  of  them  were  among  the  so- 
called  moderate  class.  Six  of  the  most  brilliant  now  fill  untimely  graves — the 
direct  result  of  the  liquor  habit. 

Now,  exactly  the  reverse  condition  exists.  In  Cass,  my  home  county,  there  are 
sixty-five  men  entitled  to  practice.  All  of  our  leading  lawyers,  with  rare  excep- 
tions, are  total  abstainers,  and  only  three  or  four  can  be  classed  even  as  moderate 
drinkers.  When  we  consider  the  influence  which  the  lawyer  can  exert  for  good 
or  evil,  fortunate  indeed  is  that  community  whose  legal  fraternity  is  composed 
of  sober  men.  The  sentiment  of  our  business  men  has  changed.  They  have 
found  that  money  can  be  made  without  the  help  of  the  traffic.  It  is  interesting 
to  hear  those  who  spoke  loudest  for  the  saloon  now  declare  their  opposition  to 
its  return.  Indeed,  they  see  and  admit  that  conditions  are  better  without  than 
with  the  sale  of  intoxicating  liquor;  that  rents  have  increased  rather  than  dimin- 
ished, and  general  prosperity  prevails.'  The  saloon  has  itself  to  thank  for  much 
of  the  success  attained  by  the  prohibitionists.  Liquor  men  here,  as  elsewhere, 
had  respect  for  neither  law,  ordinary  decency  nor  common  sense.     Their  law- 


XHRESHiNG    SCENE    NEAR    JAilEbTuW  X 


BIRD'S-EYE  VIEW  OF  JAMESTOWN 


HISTORY  OF  NORTH  DAKOTA  471 

breaking  proclivities  disgusted  the  people,  and  many  who  primarily  had  little 
faith  in  the  principle  of  prohibition,  flew  to  it  as  a  relief  from  what  they  regarded 
greater  evils.  Law  enforcement  has  traveled  its  weary  way  from  a  frail  be- 
ginning to  a  point  where  an  enlightened  public  conscience  demands  of  public 
officials  a  full  discharge  of  their  duty.  Everywhere  in  the  twelve  judicial  dis- 
tricts of  the  state  come  encouraging  reports  that  the  judges,  sheriffs  and  prose- 
cuting officers  do  not  wink  at  violations  of  law,  and  are  positively  and  energet- 
ically attempting  to  stamp  out  crime.  It  is  easily  within  the  truth  to  say  that 
in  most  of  these  districts  the  Prohibitory  Law  is  as  completely  enforced  as  other 
criminal  statutes,  and  in  the  others  the  difficulties  of  enforcement  are  fast 
passing  away.  When  prohibition  was  adopted  in  North  Dakota,  we  had  a 
population  of  about  180,000.  It  was  urged  that  if  the  prohibitory  system  was 
engrafted  upon  our  statute  books,  the  state  would  not  develop.  This  state- 
ment, like  others  from  the  saloon  source,  has  been  shown  to  be  untrue.  We  now 
have  a  population  of  about  700,000  and  the  per  capita  wealth  of  our  people  is 
approximately  two  thousand  dollars — the  highest  of  any  state  in  the  Union. 
South  Dakota,  when  admitted  to  the  Union,  had  something  like  250,000  inhabitants. 
After  having  had  prohibition  for  four  or  five  years  it  returned  to  the  license 
system.  That  state  now  has  a  population  of  less  than  600,000.  With  us  as 
the  saloon  interests  decrease  in  a  community  the  banks  and  trust  companies 
increase.  The  last  reports  from  our  banking  interests  show  a  constant  and 
healthy  development,  the  aggregate  deposits  mounting  up  into  the  millions. 
Statements  of  the  banks  in  Fargo  alone  show  an  aggregate  of  about  $10,000,000. 
Fargo  has  grown  from  a  city  of  6,000  under  the  license  system  to  one  of  20,000 
under  the  prohibitory.  It  has  all  modern  improvements  like  heat,  water  works, 
paved  streets,  street  cars,  electric  lights  and  every  convenience  attendant  upon 
city  life. 

We  have  been  pestered  and  annoyed  by  the  shipping  in  of  liquor  from 
outside  states  under  the  interstate  commerce  laws.  Since  the  passage  of  the 
Webb-Kenyon  bill  and  the  so-called  Knox  bill  those  evils  are  being  reduced, 
but  I  am  persuaded  that  the  greatest  relief  will  come  to  us  by  cleaning  up  in 
the  last  two  weeks  eighty-seven  saloons,  two  breweries  and  twenty  liquor  dis- 
tributing agencies  in  Polk  and  Clay  counties,  Minnesota,  just  next  to  us  on  the 
east,  under  the  recent  county  option  law  just  passed  by  the  Minnesota  General 
Assembly. 

There  was  a  time  that  North  Dakota,  with  Maine  and  Kansas  were  the  only 
prohibitory  states  in  the  Union.  W^e  felt  quite  lonesome  then  but  the  system 
was  working  so  well  and  was  so  constantly  gaining  headway  that  we  persuaded 
our  people  to  remain  in  the  prohibitory  column.  Thus  we  have  been  able  to 
demonstrate  the  great  possibilities  for  good  following  a  dissolution  of  the  partner- 
ship formerly  existing  between  the  state  and  the  saloon. 

It  may  be  urged  that  liquor  is  still  sold  in  North  Dakota  and  from  that  it 
will  be  concluded  that  the  prohibitory  system  is  a  failure.  No  such  conclusion 
should  be  drawn.  While  under  the  interstate  commerce  law  it  is  lawful  to  ship 
into  our  state  liquor  for  private  use,  yet  the  amount  which  can  thus  be  brought 
to  the  people  yearly  is  so  small  as  compared' with  what  would  come  to  them  if 
the  license  system  prevailed  that  we  ought  to  compare  them  only  by  way  of 
contrast.     Suppose  it  may  be  conceded  that  two  or  three  million  dollars  worth 


472  HISTORY  OF  NORTH  DAKOTA 

of  liquor  was  sold  in  the  state  of  North  Dakota  coming  from  outside  during  the 
last  year — a  fact  which  we  do  not  concede  except  for  argument's  sake — what  does 
that  prove  in  view  of  the.  fact  that  if  we  had  been  a  license  state  not  less  than 
twelve  to  fifteen  million  dollars'  worth  of  liquor  would  have  found  its  way  into 
our  state  and  been  consumed  by  our  people  ? 

I  claim  that  that  system  of  dealing  with  the  liquor  traffic  is  the  best  which 
will  reduce  the  use  and  sale  of  liquor  to  the  minimum.  Purely  from  an  economic 
standpoint  therefore,  leaving  out  all  moral  questions,  we  have  present  in  the 
State  of  North  Dakota  a  complete  demonstration  that  the  prohibitory  system  is 
the  best  for  the  reasons  which  have  just  been  stated.  If  to  this  may  be  added 
the  moral  phases  everywhere  shown,  we  are  then  emboldened  to  state  that 
the  influence  upon  the  rising  generation,  upon  politics,  and  upon  the  people 
generally  has  been  uplifting  and  wholesome  in  the  extreme. 

Many  of  those  who  were  most  bitterly  opposed  to  prohibition  have  been 
won  over  and  are  now  planted  firmly  upon  the  side  of  the  present  system,  con- 
vinced it  is  true  against  their  will,  but  now  firm  in  their  new  position  because 
they  cannot  put  aside  what  they  see  and  know  to  have  been  fully  demonstrated. 
They  have  in  a  large  number  of  cases  been  manly  enough  to  step  forward  and 
give  utterance  to  the  unshaken  faith  which  they  now  possess.  They  declare  that 
under  no  considerations  ought  we  to  permit  the  saloon  to  return  within  our 
borders.  I  have  the  written  statement  of  most  of  our  leading  business  men  speak- 
ing from  their  view  point  of  the  beneficial  efifects  of  prohibition.  Many  of  them 
were  determined  opposers  of  prohibition  when  it  was  adopted.  Under  these 
conditions  it  is  the  height  of  impudence  for  the  liquor  men  to  assert  that  our 
law  has  been  a  failure  and  therefore  we  ought  to  cause  its  repeal.  If  it  is  a 
failure  it  is  because  liquor  has  been  sold  in  larger  quantities  and  if  that  be 
true  the  vendors  of  such  liquor  do  violence  to  their  own  interests  by  attempting 
to  destroy  such  a  valuable  field  in  which  to  carry  on  their  traffic.  The  simple 
answer  is  that  prohibition  has  been  a  marvelous  success.  One  niethod  usually 
adopted  by  the  liquor  men  in  discussing  the  question  is  to  find  some  spot  in  our 
state  where  law  enforcement  has  not  been  very  successful,  exploit  that  through 
the  press  and  insinuate  that  the  whole  state  is  like  affected,  therefore  a  failure. 
As  well  might  you  say  that  a  person  is  a  cripple  and  of  no  vital  force,  simply 
because  upon  one  finger  is  a  wart.  The  warts  upon  our  body  politic  are  fast  dis- 
appearing, and  if  the  people  at  large  will  pass  the  national  constitutional  amend- 
ment making  it  unlawful  to  manufacture  and  sell  intoxicating  liquors  as  a  bever- 
age, we  will  then  demonstrate  to  the  people  of  this  country  that  North  Dakota 
will  be  among  the  very  first  to  fully  demonstrate  the  great  blessings  attendant 
upon  living  under  the  prohibitory  system.  One  of  the  best  results  of  prohibition 
in  North  Dakota  has  been  that  many  persons  who  formerly  sold  liquor  have  been 
forced  out  of  a  bad  business  and  are  now  respected  citizens  engaged  in  legitimate 
employments.  Many  such  cases  have  occurred.  I  know  one  man  who  was  about 
down  and  out  when  he  was  finally  thrust  out  of  the  saloon  trade — and  today  is 
probably  worth  over  a  half  million  dollars  made  in  a  legitimate  business.  Besides 
he  has  the  respect  and  has  been  honored  politically  by  his  neighbors  and  friends. 
Big  of  heart,  his  hand  is  always  open  to  aid  the  needy,  and  the  greatest  enjoyment 
comes  to  him  in  helping  to  advance  the  best  interests  of  the  state.  In  a  private 
letter  to  me  he  said :    "In  response  to  what  you  ask  about  prohibition  in  our  city 


HISTORY  OF  NORTH  DAKOTA  473 

(Fargo)  and  state,  let  me  say  that  in  my  judgment  it  was  a  fortunate  day  when 
the  prohibition  law  was  adopted.  When  the  question  of  changing  from  a  license 
system  to  prohibition  was  first  proposed  in  1884,  and  for  several  years  afterwards, 
I  was  bitterly  opposed  to  prohibition,  but  I  am  now  glad  that  the  change  was  made 
and  there  is  no  man  in  the  State  of  North  Dakota  that  would  fight  the  return  of 
the  saloon  in  any  guise  stronger  than  I  would,  should  the  occasion  arise,  and  I  do 
not  believe  the  people  of  North  Dakota  will  ever  permit  the  saloon's  return  to  our 
state."  These  words  speak  volumes.  Where  can  the  license  system  furnish  such 
a  fine  example  of  redeemed  manhood  ?  That  system  which  makes  men  and  places 
them  where  they  and  their  families  can  attain  advancement,  morally,  intellectually 
and  financially,  ought  to  be  preferred  by  every  true  lover  of  our  republic.  The 
success  attendant  upon  the  equitable  remedies  found  in  our  law  which  results  in 
closing  the  buildings  where  liquor  is  sold,  for  one  year,  has  been  turned  with 
great  force  against  gambling  houses  and  the  red  light  district.  Like  "blind  pigs," 
they  also  are  declared  to  be  common  nuisances  and  the  buildings  where  the  illegal 
traffic  is  carried  on  can  be  closed  one  year. 

Speaking  with  reference  to  my  own  district,  may  I  say  that  during  the  terri- 
torial days  there  were  about  one  hundred  and  fifty  saloons,  while  now  there  are 
none  and  have  not  been  for  twenty-five  years.  For  the  past  twenty  years  only 
occasionally  do  we  find  a  blind  pig,  which  is  the  colloquial  name  for  the  stationary 
place  where  liquor  is  sold  and  which  under  the  law  is  called  a  common  nuisance. 
They  are  now  a  thing  of  the  past.  We  are  troubled  occasionally  with  bootleggers, 
but  by  the  recent  amendment  making  it  a  penitentiary  offense  for  them  to  sell,  that 
phase  of  violation  is  becoming  rapidly  reduced.  Their  work  occurs  mostly  during 
the  harvest  season  and  is  carried  out  by  men  who  go  through  the  country  carrying 
in  their  grips  liquor  which  they  personally  dispense  to  the  harvest  hands.  The 
farmers,  however,  are  constantly  on  the  lookout  and  with  the  telephonic  communi- 
cations which  now  exist,  reports  come  in  rapidly  of  such  violations.  When  caught 
they  rarely  ever  go  to  trial,  but  plead  guilty  at  once  and  are  sent  immediately  to 
the  penitentiary.  Twenty-five  years  -under  prohibition  has  brought  to  our  people 
happiness  and  prosperity.  It  is  unthinkable  that  we  will  ever  retrace  our  steps 
upon  this  question. 


CHAPTER  XXX 
THE  PRESS  OF  NORTH  DAKOTA 

BISMARCK  TRIBUNE  ESTABLISHED A  SEVEN-COLUMN  FOLIO FAIL  TO  BLUFF  EDITOR 

— BUSINESS      WAS      GOOD FARGO     EXPRESS      APPEARS OTHER      PAPERS — GRAND 

FORKS  HERALD THE  PRESS   IN    1882 PRESS  OF    1886 PAPERS  OF    1884. 

BISMARCK  TRIBUNE   ESTABLISHED 

Col.  Clement  A.  Lounsberry  established  the  Bismarck  Tribune,  the  first 
newspaper  published  in  North  Dakota,  July  6,  1873,  the  second  number  appear- 
ing July  nth  and  thereafter  weekly  without  a  break.  Colonel  Lounsberry  had 
been  employed  as  an  editorial  writer  on  the  Minneapolis  Tribune  during  the 
campaign  of  1872  and  through  the  following  winter  had  reported  the  proceed- 
ings of  the  Minnesota  Legislature  for  the  Minneapolis  Tribune  and  St.  Paul 
Dispatch. 

In  1868  Colonel  Lounsberry  was  county  auditor  of  Martin  County,  Minn., 
and  engaged  in  the  publication  of  the  Martin  County  Atlas  when  his  attention 
was  attracted  to  the  Northern  Pacific  Railroad,  and  he  determined  to  establish  a 
newspaper  at  the  Missouri  River  crossing  when  the  road  should  reach  that  point. 

When  the  Southern  Minnesota  Railroad  reached  Wells  he  moved  his  paper 
to  that  point,  where  he  published  the  Wells  Atlas  until  1872,  when  he  accepted  a 
position  on  the  Minneapolis  Tribune. 

In  the  winter  of  1872-73  he  met  Dennis  Hanafin  at  St.  Paul,  who  gave  him 
a  clear  and  definite  account  of  the  situation  at  the  crossing,  and  on  the  adjourn- 
ment of  the  Legislature  he  went  to  Fargo,  reaching  that  point  April  4,  1873. 
There  was  about  a  foot  of  snow  at  Fargo  then,  and  nothing  was  doing  on  the 
Dakota  extension  beyond  getting  ready.  He  resumed  his  work  on  the  Minneapo- 
lis Tribune  till  May,  when  he  went  to  Bismarck,  arriving  there  May  11,  1873. 
lie  completed  his  arrangements  for  the  establishment  of  the  Bismarck  Tribune 
at  that  time  and  the  material  arrived  by  the  first  train  in  June,  upon  the  comple- 
tion of  the  road  to  Bismarck. 

A    SEVEN-COLUMN    FOLIO 

On  its  first  appearance  the  Tribune  was  a  seven-column  folio,  well  filled  with 
advertising,  every  business  concern,  including  saloons,  dance  and  gambling  halls 
and  sporting  houses  of  every  class  being  represented  in  the  advertising  columns. 

Charles  Lombard  was  foreman  at  the  time  the  Tribune  was  established.  Mark 
Kellogg,  who   represented  the  Bismarck  Tribune  and  by  arrangement  through 

474 


HISTORY  OF  NORTFI  DAKOTA  475 

Colonel  Lounsberry  the  New  York  Herald,  on  the  Custer  Expedition  to  the  Big 
Horn  and  was  slain  with  Custer  and  his  men,  assisted  in  the  editorial  work  on 
the  early  numbers.  Amos  C.  Jordan  was  also  connected  with  the  Tribune  later 
in  the  season,  and  Theodore  F.  Singhiser  was  a  contributor.  Lounsberry  being 
absent,  Jordan  and  Singhiser  were  responsible  for  the  articles  which  led  to  the 
midnight  raid  on  Bismarck  by  members  of  the  Seventh  United  States  Cavalry, 
resulting  in  the  death  of  Dave  Mullen. 

Dave  Mullen  and  Jack  O'Neil  were  running  a  dance  hall  at  Bismarck.  There 
were  several  shooting  scrapes  at  their  place,  some  resulting  fatally,  and  the 
Tribune  editorially  urged  the  formation  of  a  vigilance  committee  to  deal  with  the 
lawless  characters,  in  the  absence  of  any  civil  organization. 

FAIL  TO  BLUFF  EDITOR 

Soon  after  the  Tribune  containing  this  article  appeared  both  Mullen  and 
O'Neil,  heavily  armed,  approached  the  Tribune  office.  Colonel  Lounsberry  met 
them  and  said  he  had  heard  that  they  threatened  to  do  some  shooting  on 
account  of  the  Tribune's  position ;  that  if  there  was  any  shooting  to  be  done  the 
quicker  it  commenced  the  better  it  would  please  him ;  that  he  had  heard  bullets 
fly  before.  They  said  they  had  come  to  talk  it  over;  that  they  had  been  run  out 
of  several  places  and  they  had  come  to  Bismarck  determined  to  go  no  farther ; 
that  they  expected  to  die  right  there  and  to  die  with  their  boots  on ;  that  they 
looked  upon  every  stranger  as  an  officer  hunting  for  them  or  as  some  one 
gunning  for  them,  and  were  determined  that  no  one  should  get  the  drop  on 
them ;  that  this  accounted  for  some  of  the  shooting :  that  they  would  try  to  avoid 
any  unnecessary  trouble  but  did  ask  that  the  editor  refrain  from  inciting  attacks 
upon  them,  which  they  thought  articles  of  that  kind  might  have  a  tendency  to  do. 

The  force  of  this  argument  was  recognized.  County  organization  followed 
in  a  few  days  and  the  evil  was  remedied  to  some  extent.  Both  lost  their  lives 
as  they  had  anticipated.  Mullen  was  killed  by  the  Seventh  Cavalry  which  came 
in  search  of  one  accused  of  murder,  when  Mullen  fired  on  them  and  was  killed 
by  a  volley  from  the  soldiers.  O'Neil  was  killed  later  by  "Paddy"  Hall,  who  was 
lying  in  wait  for  him  between  two  buildings. 

The  Northern  Pacific  closed  the  road  from  Fargo  to  Bismarck  during  the 
winter  of  1873-74,  the  last  train  leaving  early  in  October.  Colonel  Lounsberry 
returned  to  Minneapolis  to  report  the  Minnesota  Legislature  for  the  Minneapolis 
Tribune  and  St.  Paul  Dispatch,  editing  the  Bismarck  Tribune  by  telegraph,  sup- 
plying by  that  method  his  editorial  matter  and  a  weekly  synopsis  of  the  news. 
Nathan  H.  Knappen  was  left  in  charge  of  the  paper.  The  quartermaster  at 
Fort  A.  Lincoln  supplied  the  Bismarck  postoffice  with  mail.  Colonel  Lounsberry 
left  Bismarck  by  team  the  latter  part  of  November,  paying  $75  for  a  team  to  take 
him  from  Bismarck  to  Jamestown,  where  he  borrowed  a  team  from  the  quar- 
termaster at  Fort  Seward  and  drove  on  to  Fargo,  making  the  trip  in  six  days. 
He  carried  the  mail  from  Fort  Lincoln  to  Fargo,  and  carried  out  a  large  amount 
of  money  to  be  expressed  to  the  banks  at  St.  Paul  and  Minneapolis,  for  the 
Bismarck  merchants. 

There  were  no  settlers  then  between  Bismarck  and  Jamestown,  none  between 
Jamestown  and  Valley  City,  and  none  between  Valley  City  and  Mapleton.    Winter 


476  HISTORY  OF  NORTH  DAKOTA 

stations  had,  however,  been  made  in  dugouts  or  in  the  railroad  buildings,  so  that 
the  trip  was  made  in  reasonable  comfort.  It  required  two  days  by  rail  to  reach 
St.  Paul  from  Fargo,  trains  then  stopping  over  night  at  Brainerd. 

In  1874  George  W.  Plumley  came  to  the  Tribune,  also  from  the  Minneapolis 
Tribune,  and  had  charge  of  its  mechanical  features  for  a  time.  E.  W.  Knight  was 
with  the  Tribune  three  years  following  George  W.  Plumley. 

BUSINESS  WAS  GOOD 

There  was  no  complaint  as  to  a  lack  of  business  in  1873.  ^he  Tribune  had  a 
note  of  $400  due  in  St.  Paul.  Colonel  Lounsberry  collected  enough  on  the  way 
to  St.  Paul  to  pay  the  note  and  purchase  a  needed  supply  of  stock  and  material. 

When  the  Tribune  was  established  M.  C.  Russell  of  the  Brainerd  Tribune, 
E.  B.  Chambers  of  the  Glyndon  Gazette  and  their  wives,  and  W.  B.  Nickles  of 
the  Red  River  Star  at  Moorhead,  with  his  sweetheart,  came  to  Bismarck  to  see 
that  the  Tribune  was  properly  ushered  into  the  world.  George  Alfred  Townsend 
came  to  Bismarck  in  a  few  days  and  made  the  Tribune's'  advertising  pages  a 
feature  in  his  letter  to  the  Chicago  Tribune. 

Marshall  Jewell  became  interested  in  the  Bismarck  Tribune  in  1878  with 
Stanley  Huntley,  of  Spoopendyke  fame,  but  their  arrangement  for  the  purchase 
failed  and  Mr.  Jewell  remained  in  charge  of  the  job  rooms  until  he  became  a 
joint  owner  with  Mr.  Lounsberry  in  1881,  in  connection  with  the  establishnient 
of  the  Daily  Tribune. 

Mr.  Lounsberry  remained  with  the  Tribune  until  1884,  when  he  sold  to 
Mr.  Jewell  and  later  established  the  Journal,  which  was  run  as  a  daily  during 
the  first  legislative  session.  Mr.  Jewell  remained  at  the  head  of  the  Tribune 
until  his  death. 

In  1873  Moorhead  was  the  big  town  on  the  line  of  the  Northern  Pacific 
west  of  Duluth.  Brainerd  had  largely  moved  to  Moorhead  or  the  crossing  of 
the  Missouri.  Northern  Pacific  Junction,  once  the  metropolis,  had  become 
little  more  than  a  memory,  and  Oak  Lake  and  other  towns  on  the  line  had  entirely 
disappeared.  Fargo  was  platted  in  1872  and  the  Headquarters  Hotel  was  built, 
but  it  was  an  Indian  reservation  and  made  little  headway  in  the  direction  of 
town  building  until  1874.    Glyndon  was  then  nearly  a  deserted  city. 

E.  B.  Chambers  had  printed  a  few  copies  of  the  Fargo  Express  at  Glyndon 
for  A.  H.  Moore,  with  Capt.  Scott  Bonney  editor,  but  it  never  reached  the  point 
of  being  established  as  a  North  Dakota  or  Fargo  newspaper,  and  was  never 
regularly  published.  It  was  printed  to  show  to  the  officers  of  the  Wells  Fargo 
Express  Company  that  a  paper  had  been  established  and  to  obtain  a  bonus.  In 
this  they  succeeded  and  Mr.  Fargo  contributed  $500  for  the  purchase  of  a  print- 
ing press. 

FARGO  EXPRESS  APPEARS 

January  i,  1874,  the  genuine  Fargo  Express  made  its  appearance.  It  was 
edited  and  published  by  A.  J.  Harwood,  Gordon  J.  Keeney  and  E.  W.  Knight. 
That  was  the  first  newspaper  in  North  Dakota  in  the  Red  River  Valley  and  the 
second  in  the  state.     P.  P.  Wall,  of  Audubon,  was  the  printer  who  installed  the 


^?&!imi 


;^»iSfefta-^a^g',-a: 


Couile^y  Xuithfiii  Pacifie  Railruad 


BISJIARCIv  IN   18T4 
Camp  Hiincdck  on  the  left 


NORTHERN  PAaFIC  STATION,  BISJIARCK 


HISTORY  OF  NORTH  DAKOTA  477 

Fargo  Express  and  gave  Messrs.  Harwood,  Keeney  and  Knight  their  first  lessons 
as  printers  and  in  journahsm.  Mr.  Knight  completed  his  course  of  instruction 
in  the  art  preservative  on  the  Bismarck  Tribune. 

OTHER   PAPERS 

Later  in  1874  A.  J.  Clark,  from  Wilton,  Minnesota,  established  the  Northern 
Pacific  Mirror  at  Fargo.  Messrs.  Hubbard  and  Tylor  became  the  owners  of 
the  Alirror  and  it  was  consolidated  with  the  Fargo  Express  and  Glyndon  Gazette 
and  became  the  Fargo  Times,  with  E.  B.  Chambers  editor.  Chambers  sold  to 
E.  D.  Barker,  and  the  Times  was  later  consolidated  with  the  Republican,  estab- 
Hshed  by  Major  A.  W.  Edwards  and  Dr.  J.  B.  Hall  about  June,  1878,  and  the 
Republican  later  with  the  Forum. 

In  1875  George  H.  Walsh  established  the  Grand  Forks  Plaindealer,  which 
became  a  flourishing  newspaper  under  a  varied  management  and  was  finally 
consolidated  with  the  Grand  Forks  Herald. 

In  1875,  when  George  Walsh  established  the  Grand  Forks  Plaindealer,  he 
made  much  of  the  fact  that  the  Plaindealer  was  the  only  paper  published  north- 
west of  Fargo.  Winnipeg  was  then  known  as  Fort  Garry  and  Pembina  was 
noted  for  being  the  oldest  town  in  North  Dakota  and  the  head  of  the  customs 
district,  having  a  collector  while  St.  Paul  had  only  a  deputy. 

In  1873  the  Northern  Pacific  Railroad  Company  failed,  bringing  ruin  to  every 
interest  dependent  upon  the  successful  construction  of  that  railroad.  A  few 
farms  were  opened  by  keen-eyed  speculators,  who  purchased  the  railroad  lands 
with  discredited  railroad  bonds,  at  a  cost  of  about  sixty  cents  an  acre,  gaining 
title  to  adjoining  lands  by  methods  which  would  not  be  permitted  now  by  the 
United  States  Government ;  or  by  the  various  forms  of  scrip  then  on  the  market 
at  about  one  dollar  and  twenty-five  cents  per  acre. 

The  Jamestown  Alert  was  established  by  E.  H.  and  C.  H.  Foster,  July  4, 
1878,  but  had  a  precarious  existence.  It  was  suspended  from  July  17,  1879,  till 
October  7th,  of  that  year,  when  it  was  purchased  by  Marshall  McClure,  with 
financial  assistance  from  E.  P.  Wells  and  J.  j.  Nierling.  J.  C.  Warnock  edited 
the  Alert  during  the  greater  part  of  McClure's  administration,  until  it  was  sold 
to  W.  R.  Kellogg,  March  6,  1886.  Mr.  Kellogg  came  to  Jamestown  from  the 
Fargo  Argus.  Frank  Tucker,  a  young  lawyer,  was  associated  with  Mr.  Kellogg 
for  a  few  months.  The  Daily  Alert  was  started  February  14,  1881,  and  in  the 
editorial  announcement  it  was  said:  "Gentle  reader,  the  Daily  .Mert  is  started  to 
live,''  a  prediction  which  proved  true.  It  has  never  failed  to  appear  excepting 
for  a  few  weeks  immediately  prior  to  the  sale  to  Kellogg.  Warnock  afterwards 
became  associated  with  Will  H.  Burke  in  the  publication  of  the  Capital  at  James- 
town, established  in  February,  1882.  R.  W.  Davidson,  who  was  also  associated 
with  the  Capital,  was  a  son-in-law  of  J.  C.  Wamock.  The  publishers  were  after- 
wards Ellsworth  &  Davidson,  later  Ellsworth  &  Son,  then  Burgster  &  McElroy, 
who  were  the  publishers  when  the  state  was  admitted.  It  is  printed  daily  and 
weekly.  The  German  paper,  Der  Pioneer,  established  by  A.  Steinbach,  at  James- 
town, in  1883,  published  in  the  German  language,  was  finally  merged  with  a 
German  paper  at  St.  Cloud,  Minn.,  and  lost  its  identity. 

Major  A.  W.  Edwards  came  to  Bismarck  in  1876  with  Thomas  C.  Piatt  and 


478  HISTORY  OF  NORTH  DAKOTA 

Senator  George  Spencer  of  Alabama,  and  went  to  the  Black  Hills.  He 
returned  to  the  state  in  June,  1878,  and  determined  to  establish  the  Fargo  Repub- 
lican. Returning  to  Chicago  he  associated  himself  with  Dr.  J.  B.  Hall  and  it  was 
done.  The  Republican  flourished  for  many  years  and  was  finally  sold  by  J.  J. 
Jordan  to  the  Fargo  Forum.  Major  Edwards  remained  with  the  Republican 
about  one  year,  when  he  retired  and  established  the  Daily  Argus,  the  first  number 
of  that  publication  appearing  November  17,  1879. 

The  Argus  took  the  lead  of  all  other  North  Dakota  newspaper  establishments 
and  built  up  an  enormous  business,  extending  to  Minnesota  and  South  Dakota, 
as  well  as  to  North  Dakota  points,  erecting  an  office  which  later  became  the 
Hotel  Martin.  Probably  no  paper  has  ever  wielded  or  ever  will  wield  a  greater' 
influence  in  the  politics  of  a  territory  and  state  than  that  exercised  by  Major 
Edwards  through  the  Argus  in  its  early  days.  Major  Edwards  remained  with 
the  Argus  until  1891,  when  it  passed  into  other  hands,  as  the  major  put  it  at  the 
time,  under  circumstances  over  which  he  had  no  control. 

Retiring  from  the  Argus  in  October  Major  Edwards  and  Horatio  C.  Plumley, 
who  had  been  associated  with  him  on  the  Argus,  established  the  Fargo  Forum, 
the  first  number  of  which  appeared  November  17,  1891,  on  the  anniversary  of  the 
birth  of  the  Argus.  The  Argus  was  never  a  paying  venture  after  Major  Edwards 
left  it,  and  its  bones  now  rest  in  peace,  it  having  been  sold  to  J.  T-  Jordan,  who 
later  established  the  Fargo  Call,  which  he  conducted  successfully  several  years, 
and  then  sold  to  others. 

There  were  many  other  newspaper  ventures  at  Fargo,  among  them  the  Inde- 
pendent by  C.  A.  Carson,  which  went  into  the  Republican.  The  Evening  Post, 
which  was  short  lived,  and  the  Moon  and  the  Sun,  and  the  Broadaxe.  The  Sun 
was  published  some  ten  years  and  was  established  by  W.  H.  H.  Matteson,  sold  to 
Fred  Hendershot  and  finally  died.  Goldy  West,  at  one  time  with  the  Argus, 
established  the  Sunday  Bee.     Its  sweet  life  also  passed  away. 

GR.\ND    FORKS    HER.XLD 

In  1879  George  B.  Winship  established  the  Grand  Forks  Herald,  which  has 
flourished  from  the  beginning,  and  has  been  a  clean  and  reputable  newspaper,  and 
is  now  published  as  both  a  morning  and  evening  daily.  That  year  Dr.  H.  W.  Coe, 
Sr.,  established  the  Northern  Pacific  Times  at  Valley  City,  H.  H.  Young  the 
Pembina  Pioneer,  Harry  Robinson  the  Mandan  Criterion,  Delaney  &  Herbert 
the  Caledonia  Times,  E.  K.  Morrell  the  Wahpeton  Gazette,  C.  Brandt  the  Fargo 
Posten,  C.  H.  Lineau  the  North  Dakota  Basunen  at  Hillsboro,  W.  R.  Maize  the 
Washburn  Times,  and  Frank  M.  Cornell  the  Tower  City  Herald. 

In  1880  the  number  of  newspapers  in  Dakota  had  increased  to  66  and  in 
1881  to  75,  and  in  June,  1884,  the  Bismarck  Journal  spoke  of  having  160  Dakota 
newspapers  on  its  exchange  list.  In  the  spring  of  1880  James  A.  Emmons  estab- 
lished the  Bismarck  Sun  and  A.  DeLacy  Wood  the  Signal  at  Caledonia.  The 
Sheldon  Herald  was  established  by  O.  E.  Hogue  and  the  Hillsboro  Banner  by 
E.  D.  Barker. 

M.  Weisenberg  established  the  Red  River  Posten.  It  passed  into  the  hands 
of  the  Argus  and  John  C.  Miller  became  its  editor. 

The  Broadaxe  was  established  in  the  early  '80s  by  Captain  Egbert  and  asso- 


o 

X 

a 

o 

o 


w 


HISTORY  OF  NORTH  DAKOTA  479 

ciates  and  hewed  to  the  Hne  regardless  of  where  the  chips  might  fall  for  a  time, 
but  passed  on  to  that  land  whence  there  is  no  resurrection  for  defunct  newspaper 
establishments. 

In  1881  Frank  M.  Winship  established  the  News  at  Grafton;  A.  J.  Smith  the 
Times  at  Hillsboro;  Chas.  A.  Everett  the  Star  at  Lisbon;  F.  H.  Ertel  the 
Pioneer,  daily  and  weekly,  at  Mandan.  The  Eagle  and  Times  was  established  at 
Mayville,  the  News  at  Acton  and  the  Times  at  Grafton ;  these  two  were  con- 
solidated as  the  News  and  Times,  and  published  by  Upham  &  Winship;  R.  D. 
Hoskins  established  the  Bathgate  Sentinel ;  Burke  &  Saul  the  Jamestown  Capital ; 
R.  I.  Smith  the  Mayville  Tribune;  E.  L.  Kilbourne  the  Casselton  Reporter;  and 
W.  G.  McKean  the  Sanborn  Enterprise. 

THE    PRESS    IN    1882 

January  26,  1882,  the  Bismarck  Tribune  said:  "No  better  illustration  can  be 
given  of  North  Dakota,  and  the  general  prosperity  along  the  entire  line  of  the 
Northern  Pacific  Railroad  than  to  call  attention  to  the  daily  newspaper  estab- 
lishments. Three  years  ago  there  was  not  a  daily  newspaper  on  the  line.  In 
1880  Fargo  was  the  first  to  come  to  the  front  in  the  establishment  of  the  Daily 
Argus.  Jamestown,  not  to  be  left  in  the  matter  of  enterprise,  next  heralded  the 
Daily  Alert  in  the  spring  of  1881.  Bismarck  came  in  for  the  third  place  in 
April,  1881  (the  Daily  Tribune),  followed  by  a  second  daily,  the  Republican,  at 
Fargo,  and  the  Daily  Herald  at  Grand  Forks.  Duluth  put  in  an  appearance  with 
the  Tribune  and  a  couple  of  months  ago  the  Moorhead  Daily  Argonaut  was 
i)orn.  Brainerd  eyed  jealously  these  institutions  until  last  week  when  she,  too, 
flaunted  a  daily  to  the  breeze — the  Tribune.  Mandan  will  probably  come  in  for 
the  next  position."    And  so  it  was,  the  Pioneer  having  been  established  that  year. 

The  papers  established  in  1882  were  as  follows:  The  Bismarck  Herald,  by 
the  Herald  Printing  Company ;  the  Fargo  Evening  Post,  by  Fox  &  Sanborn ; 
the  Northwestern  Farmer,  by  Daily  &  Mann ;  the  Hamiltonian,  at  Hamilton, 
by  Frank  L.  Mitchell ;  the  Pioneer,  at  Flope,  by  the  Hope  Printing  Company ; 
the  Pioneer,  at  Larimore,  by  Wm.  Scott  &  Co.,  and  the  Leader,  by  E.  J.  Taylor; 
the  Republican,  at  Lisbon,  by  W.  R.  Locke ;  the  Inter-Ocean,  at  Mayville,  by 
G.  B.  Thompson ;  the  Record,  at  Valley  City,  by  Baxter  &  Davidson :  the  Times, 
at  Wahpeton,  by  C.  P.  Garred ;  the  Leader,  at  Ellendale,  by  Wesley  Moran ;  the 
Clipper,  at  Lisbon,  by  H.  S.  Harcourt ;  the  Times,  at  St.  Thomas,  by  J.  P. 
Hagaer  &  Co.,  and  the  Republican,  at  Casselton,  by  Col.  W.  C.  Plummer  and 
S.  J.  Small. 

The  newspapers  established  in  1883  were  as  follows :  The  Cooperstown 
Courier,  by  E.  D.  Stair ;  the  Carrington  News,  by  J.  Moreley  Wyard ;  the  Devils 
Lake  Inter-Ocean,  by  H.  C.  Hansbrough ;  the  Devils  Lake  Press,  by  A.  M. 
Powell  and  H.  M.  Creel ;  the  Dickinson  Press,  by  J.  F.  Scott ;  the  Jim  River 
Journal,  at  Eaton,  by  C.  H.  Faulkner;  the  Ellendale  News:  the  Fargo  Sun;  the 
Daily  Broadaxe,  at  Fargo,  by  the  Democratic  Publishing  Company;  the  Garfield 
Gazette,  by  W.  W.  Gilbert ;  the  Devils  Lake  Globe,  at  Grand  Harbor,  by  Farrell 
&  Wagner;  the  Journal,  at  Grand  Rapids,  by  Charles  S.  Cleveland;  the  Herald, 
at  Hudson,  by  Robert  H.  Busteed ;  Der  Pioneer,  at  Jamestown,  by  A.  Stein- 
baugh ;  the  News,  at  Lakota,  by  the  Winters  Printing  Company ;  the  Commer- 


480  HISTORY  OF  NORTH  DAKOTA 

cial,  at  Keystone,  by  L.  H.  Wilson;  the  Chronicle,  at  LaMoure,  by  C.  C.  Bows- 
field,  and  the  Progress,  by  W.  G.  McKean ;  the  Mandan  Times,  by  J.  E.  Gates ; 
the  Medford  Messenger,  by  W.  H.  Mitchell ;  the  Gapital,  at  Michigan,  by  W. 
Fowler ;  the  Teller,  at  Milnor,  by  Falley  &  Cofiin ;  the  Forest  River  Journal, 
by  L.  M.  Mitchell  &  Go.;  the  New  Rockford  Transcript,  by  Hays  &  Fanning; 
the  Niagara  Times,  by  E.  E.  Gonwell;  the  Oriska  Benefit,  by  G.  H.  Bassett;  the 
North  Dakota  Farmer,  by  G.  E.  and  W.  H.  Stone;  the  Ransom  Gity  Pilot,  by 
F.  G.  Tuttle;  the  Steele  Herald,  by  Britton  &  Beech;  the  Dawson  Globe,  by 
Harl  J.  Gook ;  the  Devils  Lake  News,  by  Nadeau  &  Garrothers.  The  Gommer- 
cial  was  moved  to  Ellendale  and  Joe  Ghapple  was  editing  the  Grand  Rapids 
Journal  and  Frederick  Adams  was  publishing  the  Gooperstown  Gourier;  W.  D. 
Bates  established  the  Park  River  Gazette;  W.  H.  Ellis  and  E.  S.  Gilbert,  the 
Port  Emma  Times ;  Ellsworth  &  Son,  the  Forman  Item ;  Ellis  &  Brown,  the 
Ludden  Times ;  Robert  H.  Busteed,  the  Oakes  Herald.  G.  F.  Garrette  was  run- 
ning the  Washburn  Times  and  H.  G.  Upham  the  Grafton  News  and  Times. 

In  1884  there  were  lively  times  at  Bismarck  in  the  newspaper  field.  Bis- 
marck had  been  chosen  the  capital  of  Dakota,  on  which  there  was  a  hard  fight 
by  the  South  Dakota  element.  E.  A.  Henderson  was  running  the  Evening  Capi- 
tal ;  Colonel  Lounsberry,  the  Journal ;  F.  D.  Bolles,  G.  F.  Garrette  and  B.  Glid- 
den,  the  Leader;  Palmer  &  LaShelle,  the  Advertiser,  and  J.  A.  Emmons,  the 
Blade,  and  for  a  time  during  the  period  of  Bismarck's  prosperity  the  Tribune 
published  both  morning  and  evening  editions,  carrying  the  full  Associated  Press 
dispatches,  and  as  a  result  of  its  aggressive  work  one  after  another  of  the  opposi- 
tion went  down  and  the  Tribune  was  left  alone  in  the  field. 

In  1884,  Farrell  &  Wagner  moved  their  plant  from  Grand  Harbor  to  Dun- 
seith  and  established  the  Dunseith  Herald ;  W.  R.  Bierly  established  the  North- 
west at  Grand  Forks ;  W.  F.  Warner,  the  Steele  County  Gazette ;  A.  T.  Packard, 
the  Bad  Lands  Cowboy,  at  Medora ;  F.  G.  Tuttle,  the  Free  Press,  at  Milnor ; 
J.  W.  Shepperd,  the  Dakota  Sif  tings,  at  Minnewaukan ;  Grant  S.  Hager,  the 
Tribune,  at  Neche;  Jay  Edwards,  the  Headlight,  at  Northfield;  H.  G.  Macororie, 
the  Pilot,  at  Stanton;  G.  B.  Vallandigham,  the  North  Dakota  Democrat,  at 
\^alley  Gity ;  D.  R.  Streeter,  the  Emmons  County  Record ;  W.  B.  Kimball,  the 
Yorktown  Press;  V.  B.  Noble  and  John  W.  Bennett,  the  Bottineau  Pioneer; 
E.  F.  Sibley,  the  Towner  County  Tribune,  at  Gando ;  H.  P.  UfTord,  the  Dakota 
Blizzard,  at  Casselton ;  C.  E.  Stone,  the  Wheatland  Eagle,  and  A.  S.  Bliton,  the 
Wheatland  Eagle.  Rev.  D.  G.  Plannette  was  publishing  at  Fargo  the  Pioneer 
Methodist. 

In  1885,  the  Sheldon  Enterprise  was  established  by  Mrs.  D.  M.  Hogue;  the 
Turtle  Mountain  Times,  at  Dunseith,  by  Beckham  W.  Lair ;  the  Hoskins  Herald, 
by  J.  W.  Kenagy;  the  Cavalier  County  Gourier,  at  Langdon,  by  C.  B.  G. 
Doherty ;  the  Mandan  Democrat,  by  Wm.  Borgen ;  the  Dakota  Bladet,  at  Port- 
land, by  H.  A.  Foss;  the  Portland  Inter-Ocean,  by  A.  L.  Hicks ;  the  Steele  Ozone, 
by  E.  S.  Gorwin;  the  Farmers'  Alliance,  at  Valley  Gity,  by  C.  H.  Bassett;  the 
Mongo  Star,  by  Rowe  &  Gordon ;  the  Winona  Times,  by  George  J.  Douglas ;  the 
Caledonia  Times,  by  Dr.  E.  N.  Falk.  Col.  G.  W.  Plummer  was  its  editor  for  a 
time. 


VVILDKK   .SCHOOL,  UKANl)  IdKK.S 


ROOSEVELT  SCHOOL,  GRAND  FORKS 


HISTORY  OF  NORTH  DAKOTA  481 

PRESS    OF    1886 

In  1886,  the  Ardock  Monitor  was  established  by  J.  K.  Lyons;  the  Churchs 
Ferry  Sun,  by  S.  A.  Nye;  the  Cooperstown  Independent,  by  J.  H.  Vallandigham ; 
the  Fort  Abercrombie  Scout,  by  F.  I.  Smith ;  the  Grand  Forks  Educational  News, 
by  A.  B.  Griffith;  the  Hamilton  News,  by  McMillan  &  Muir;  the  Mcintosh 
County  Democrat,  at  Hoskins,  by  Orth  &  Stone ;  the  Inkster  Review,  by  A.  B. 
Smith;  the  Mouse  River  Advocate,  at  Minot,  by  Frank  W.  Spear;  the  Home- 
stead, Napoleon,  by  G.  A.  Bryant;  the  Milnor  Rustler,  by  J.  F.  Bowins;  the 
Sheldon  Blade,  by  W.  H.  Milands;  the  Wahpeton  Globe,  by  H.  W.  Troy;  the 
\^■iIlow  City  Eagle,  by  Jacob  P.  Hager;  the  Pembina  County  Democrat,  at 
Bathgate,  by  Lee  &  Woolner;  the  Ashley  Democrat,  by  Lowhead  &  Bjomson;  the 
Burlington  Reporter,  by  J.  S.  Colton,  with  C.  O.  Blair  as  editor;  the  Drayton 
Echo,  by  J.  K.  Fairchild ;  the  Grand  Forks  Morning  Leader,  by  W.  M.  Grant ; 
the  Hunter  Eye,  by  Charles  E.  Stone ;  the  Lakota  Observer,  by  Lampman  & 
Kelly;  the  Sergeant  County  Rustler,  by  W.  L.  Straub;  the  Villard  Leader,  by 
R.  H.  Copeland. 

In  1887,  the  newspapers  established  were  the  Bottineau  Free  Lance,  by  J.  B. 
Sinclair;  the  Edgeley  Mail,  by  George  B.  Brown;  the  Fargo  Churchman,  by 
H.  P.  Lough;  the  Normanden,  Grand  Forks,  by  H.  A.  Foss;  the  Hillsboro  Press, 
by  C.  D.  and  E.  M.  Baeher;  the  Lidgerwood  Broadaxe,  by  Shelby  Smith;  the 
Alinot  Rustler-Tribune,  by  Marshall  McClure ;  the  Rainey  Buttes  Sentinel,  by 
M.  L.  Ayers;  the  Oakes  Republican,  by  W.  H.  Ellis;  the  Rugby  Advance,  by 
David  A.  Briggs ;  the  Rutland  Journal,  by  L.  E.  Williams ;  the  Rolette  County 
Democrat,  at  St.  Johns,  by  J.  A.  Minder;  the  Sherbrooke  Tribune,  by  B.  H. 
Simpson  &  Son ;  the  Spiritwood  Bugle,  by  Eagan  &  Gleason ;  the  News  & 
Stockman,  at  Towner,  by  Robert  McComb;  the  McLean  County  Mail,  by  J.  E. 
Britton ;  the  Stark  County  Herald,  at  Dickinson,  and  the  New  Era,  at  New 
Rockford,  by  Canfield  &  Fanning. 

In  188S,  the  Independent  was  established  at  Forman  by  Wm.  Ilurle ;  the 
Harlem  Courier,  by  C.  E.  Graber;  the  Langdon  Democrat,  by  A.  L.  Koehnstedt ; 
the  Milton  Globe,  by  Fred  Dennett ;  the  Turtle  Mountain  Star,  at  Rolla,  by 
Parsons  &  Fritz ;  the  Sykeston  Index,  by  Maddux  &  Dunn ;  the  Coggswell 
Expositor,  by  T.  B.  Flurley ;  the  Dawson  Times,  by  the  Times  Publishing  Com- 
pany. 

In  i88g,  the  Willston  Beacon  was  established  by  McGahn  &  Wilson ;  the 
Reporter,  at  Minot,  by  A.  B.  Fuller  and  J.  L.  Colton;  the  Record,  at  Cando,  by 
A.  B.  McDonald ;  the  Independent,  at  Carrington,  by  H.  A.  Hogue ;  M.  H. 
Brennan  was  publishing  the  Devils  Lake  News ;  McCully  &  Orswald  established 
the  North  Dakota  Advocate  at  Grafton ;  F.  W.  Iddings,  the  North  Dakota  Pres- 
bytery at  Grand  Forks;  Wm.  Miller,  the  Graphic  at  Grandin ;  the  Afholds 
Basunen  was  established  at  Hillsboro ;  the  Leads  News,  by  R.  R.  Bratton ;  the 
Minot  Journal,  by  McGahn  &  Wilson ;  the  Park  River  Witness,  by  J.  Morely 
Wyard ;  the  Patriot,  at  Valley  City,  by  G.  B.  Vallandigham. 

In  1890,  A.  B.  Gray  was  publishing  the  Commonwealth  at  Bismarck;  W.  P. 
Moffett,  the  Bismarck  Settler;  the  Devils  Lake  Stats  Tidne  was  established  by 
John  D.  Sieverson ;  the  Fargo  White  Ribbon,  by  Anna  S.  Hill ;  the  Gilby  Globe, 
by  E.   F.  Rea;  the  Walsh  County  Record,  by  Pierce  &  Woods;  the  Common 


482  HISTORY  OF  KORTH  DAKOTA 

Schools,  at  Grafton,  by  A.  L.  Woods;  the  Independent,  at  Grand  Forks,  by 
E.  B.  Saunders ;  the  Manvel  Graphic,  by  W.  Brandgent ;  the  Tower  City  Jour- 
nal, by  Chas.  S.  Allen,  and  the  Washburn  Leader,  by  R.  H.  Copeland. 

Among  the  leading  editorial  writers  in  territorial  days  were  "Pat''  Donan, 
the  born  boomer,  and  who  lived  to  boom,  and  was  usually  employed  by  interests 
requiring  booming  in  order  to  reach  success,  who  was  with  the  Fargo  Argus 
about  1880.  In  his  memorial  to  the  Episcopal  Convention  at  Philadelphia,  in 
1884,  Donan  said;  "In  June,  1880,  there  were  but  ten  weekly  newspapers  and 
one  daily  (in  North  Dakota)  ;  in  June,  1883,  there  were  eleven  dailies,  forty-two 
weeklies  and  six  monthly  publications,  and  new  ones  have  been  established  at 
the  rate  of  from  one  to  three  a  week  ever  since,  to  supply  the  demands  of  an 
intelligent  newspaper  reading  people  daily  growing  in  numbers." 

PAPERS  OF  1884 

In  1884,  the  Bismarck  Journal,  edited  by  Colonel  Lounsberry,  said  of  the 
newspapers  on  its  exchange  list,  then  numbering  160,  published  in  Dakota: 
"They  present  a  remarkably  neat  appearance  and  in  the  main  are  ably  edited 
by  as  loyal  a  set  of  fellows  as  ever  boomed  a  new  country." 

In  territorial  days  the  North  Dakota  press  was  united.  There  was  little  of 
personal  controversy  among  the  publishers  or  editors.  They  stood  together  for 
the  common  good,  united  in  their  labors  for  the  development  of  North  Dakota 
and  for  the  division  of  Dakota  and  the  establishment  of  a  state  from  the  northern 
part. 

At  one  time  there  seemed  to  be  opposition  in  the  northern  part  of  the  state 
to  the  admission  of  South  Dakota,  and  from  that  day  to  this  some  members  of 
the  press  have  stood  in  a  false  light.  The  facts  were  these:  In  1882,  a  con- 
vention met  at  Fargo,  and  named  twenty-two  delegates  to  go  to  Washington  to 
labor  for  ihe  division  of  Dakota.  They  chartered  a  Pidlman  car  and  went  in 
a  body.  They  gathered  and  published  statistics  and  were  making  good  head- 
way for  the  division  of  Dakota,  when  a  delegation  came  from  the  southern  part 
of  the  state  with  the  Sioux  Falls  Constitution  demanding  the  admission  of 
South  Dakota,  relegating  the  governor  and  territorial  officers  to  the  northern  part 
of  the  territory,  but  denying  them  a  share  in  the  name  which  North  Dakota  wheat 
fields  had  already  made  famous.  They  antagonized  the  division  of  Dakota 
unless  it  carried  with  it  the  admission  of  South  Dakota  as  the  State  of  Dakota. 
Both  failed,  and  the  North  Dakota  delegation  went  home  declaring  that  there 
should  be  no  division  until  both  could  come  in  as  states,  and  that  when  they  did 
come  in  North  Dakota  should  be  named  first  in  the  bill.  And  so  it  was.  From 
that  time  on,  for  some  time,  the  Bismarck  Tribune  carried  the  words  "North 
Dakota"  in  its  date  line. 


o 
p 


Pi 


CHAPTER  XXXI 
XAMIXG  XORTH  DAKOTA  COUXTIES 

The  Legislature  of  1873  divided  Pembina  and  Buffalo  counties,  and  named 
the  several  counties  in  Xorth  Dakota  largely  in  honor  of  the  old  settlers.  Pem- 
bina, the  original,  was  so  called  by  reason  of  the  highbush  cranberries  growing 
on  the  Pembina  mountains.  Enos  Stutsman  was  representative  from  Pembina  in 
the  Legislature,  and,  upon  going  to  Yankton,  which  was  then  the  capital  of  Da- 
kota, spent  a  night  at  the  home  of  Morgan  T.  Rich,  the  first  settler  at  Wahpeton, 
and  they  then  agreed  upon  the  principal  names. 

Billings — For  Hon.  Frederick  Billings,  president  of  the  Xorthern  Pacific  Rail- 
road Company,  holding  extensive  landed  interests  in  Burleigh  and  other  western 
counties  in  N'orth  Dakota. 

Bottineau — For  Pierre  Bottineau,  one  of  the  old-time  voyageurs,  born  in 
Xorth  Dakota  where  he  spent  over  eighty  years  of  his  life. 

Bowman — For  Hon.  E.  ^L  Bowman,  a  member  of  the  Legislature  of  1883. 

Burleigh — For  Walter  A.  Burleigh,  Indian  trader  and  agent,  delegate  to  Con- 
gress and  contractor  for  the  construction  of  fifty  miles  of  the  Xorthern  Pacific 
Railroad  east  from  Bismarck. 

Cass — For  George  \\'.  Cass,  president  of  the  Xorthern  Pacific  Railroad,  iden- 
tified with  P.  B.  Cheney  in  the  development  of  the  Dalrymple  and  other  fanns  in 
Xorth  Dakota. 

Cavalier — For  Charles  Cavileer,  the  first  white  settler  in  Xorth  Dakota,  who 
settled  at  Pembina  in  185 1,  where  he  died  after  more  than  fifty  years  residence 
in  the  Red  River  \"alley.  His  wife  was  a  granddaughter  of  Alexander  Murray, 
one  of  the  original  Selkirk  settlers,  and  a  survivor  of  the  Seven  Oaks  massacre. 
He  was  collector  of  customs  at  Pembina  and  postmaster  for  many  years. 

Dickey — For  Hon.  Alfred  Dickey,  of  Jamestown,  identified  with  the  early 
history  of  Xorth  Dakota  and  later  lieutenant  governor. 

Dunn — For  John  P.  Dunn,  one  of  the  earliest  settlers  of  Bismarck,  where  he 
was  engaged  in  the  drug  business  for  many  years. 

Emmons — For  James  A.  Emmons,  post  trader  at  Camp  Hancock,  established  at 
Bismarck  in  1872,  and  for  many  years  identified  with  the  development  of  Bur- 
leigh County. 

Eddy — For  E.  B.  Eddy,  founder  of  the  First  Xational  Bank  at  Fargo  and' 
for  many  years  an  active  factor  in  the  development  of  the  Red  River  \'alley, 
and  an  active  force  in  the  upbuilding  of  Fargo. 

Foster — For  James  S.  Foster,  who  settled  in  South  Dakota  in  1864  in  con- 
nection with  the  Xew  York  colony  from  Syracuse,  Xew  York.     In  1871  he  was 

483 


48i  HISTORY  OF  NORTH  DAKOTA 

appointed  commissioner  of  immigration  and  devoted  his  life  to  Dakota  interests. 

Grand  Forks — On  account  of  the  confluence  of  the  Red  Lake  and  Red  rivers 
at  Grand  Forks. 

Griggs — For  Captain  Alexander  Griggs,  founder  of  Grand  Forks  and  iden- 
tified with  the  earliest  navigation  of  the  Red  River. 

Hettinger — For  a  distinguished  citizen  of  Freeport,  111.,  father  of  the  wife 
of  Hon.  E.  A.  Williams  of  Bismarck. 

Kidder — For  Hon.  Jefferson  P.  Kidder,  identified  with  the  interests  of  Da- 
kota from  1858  until  his  death.  Through  the  support  of  the  North  Dakota  delega- 
tion he  was  nominated  for  Congress  in  1874,  and  served  four  years  as  delegate 
to  Congress.  He  served  as  associate  justice  from  1865  to  1875  and  from  1878 
to  1883. 

Lamoure — For  Hon.  Judson  LaMoure  who  came  to  Dakota  in  i860.  He  was 
elected  to  the  Legislature  in  1866,  but  refused  to  take  his  seat.  He  came  to  what 
is  now  North  Dakota  in  1870  and  was  elected  to  the  Legislature  in  1872,  and  has 
seen  almost  continuous  service  in  the  Legislature  since  tliat  time.  No  citizen  of 
North  Dakota  has  left  his  mark  on  so  many  pages  of  its  history  as  he.  He  was 
interested  in  merchandising  and  in  the  agricultural  development  as  well  as  in  its 
political  atl'airs. 

Logan — For  Gen.  John  A.  Logan. 

McHenry — For  Hon.  James  McHenrj'  of  Clay  County,  South  Dakota. 

Mcintosh — For  E.  H.  Mcintosh,  a  member  of  the  council  in  1883. 

McKenzie — For  .-\lexander  McKenzie  of  Bismarck,  the  most  prominent  and 
influential  citizen  of  North  Dakota  in  the  construction  period  of  its  existence. 
(See  the  chapter  headed.  Division  of  Dakota.)  Whatever  may  be  said  of  him 
it  must  be  said  that  he  has  never  used  his  political  powers  for  his  own  advantage 
either  financially  or  politically.  For  several  years  he  was  the  national  committee- 
man of  the  republican  party  from  North  Dakota. 

McLean — For  Hon.  John  A.  McLean,  then  mayor  of  Bismarck.  He  was  a 
contractor  for  ties  and  other  material  on  the  construction  of  the  Northern  Pacific 
Railroad  west  from  Duluth,  and  of  the  firm  of  McLean  &  Macnider,  general  mer- 
chants and  contractors  at  Bismarck.  In  January,  1876,  a  committee  sent  from 
Bismarck  to  the  Black  Hills,  headed  by  H.  N.  Ross,  who  had  accompanied  the 
Custer  expedition  to  the  Black  Hills  the  preceding  summer,  returned  with  many 
specimens  of  gold  taken  from  the  placer  mines  of  the  Black  Hills.  These  speci- 
mens were  regarded  as  so  convincing  as  to  settle  the  long  mooted  question  as  to 
whether  there  w^as  any  gold  in  paying  quantities  in  the  Black  Hills.  Mr. 
McLean  and  Colonel  Lounsberry  at  once  proceeded  to  Washington,  conferring 
en  route  with  the  Chamber  of  Commerce  at  St.  Paul,  resulting  in  the  organiza- 
tion of  the  Northwestern  Stage  &  Transportation  Company,  which  established 
a  daily  line  of  stages  and  means  of  transportation  from  Bismarck  to  the  hills,  and 
with  the  managers  of  the  Northern  Pacific,  ^Milwaukee  &  St.  Paul,  and  the 
Northwestern  railroads  relative  to  through  rates  for  passengers  and  freight  to 
the  hills.  At  Washington  they  were  received  by  President  Grant,  Secretary  of 
War  Belknap,  and  on  the  floors  of  both  the  Senate  and  House  of  Representatives. 
As  a  result  President  Grant  directed  that  there  should  be  no  further  interference 
with  miners  then  in  the  Black  Hills  or  en  route  there,  and  Congress  took  early 


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HISTORY  OF  NORTH  DAKOTA  485 

action  toward  opening  a  large  portion  of  the  great  Sioux  reservation  to  settle- 
ment, including  the  Black  Hills. 

Mercer — For  William  H.  H.  Mercer,  who  settled  at  Painted  Woods,  Burleigh 
County,  on  the  Alissouri  River,  in  1869,  and  remained  until  his  death,  identified 
with  the  farming  and  stock  growing  interests  of  Burleigh  County.  He  was  a 
member  of  the  First  Board  of  County  Commissioners  of  Burleigh  County. 

Alorton — For  Hon.  Oliver  P.  Morton,  war  governor  of  Indiana. 

Nelson — For  Flon.  N.  E.  Nelson,  an  early  settler  of  Pembina,  who  entered 
the  first  homestead  made  of  record  in  North  Dakota.  Collector  of  customs  at 
Pembina  for  many  years.     Member  of  the  Legislature. 

Oliver — For  Hon.  Henry  S.  Oliver,  member  of  the  Legislature  of  1885,  and 
thereafter  a  leading  factor  in  the  politics  of  the  territory  and  state,  and  post- 
master at  Lisbon. 

Pierce — For  Hon.  Gilbert  A.  Pierce,  governor  of  Dakota  and  United  States 
senator.  It  was  changed  from  Church  to  Pierce,  having  been  first  nanxed  for 
Governor  Church. 

Ramsey — For  Hon.  Alexander  Ramsey,  governor  of  Minnesota,  United 
States  senator,  secretary  of  war.  He  introduced  the  first  bill  in  the  senate  for 
the  Territory  of  Pembina. 

Ransom — On  account  of  Fort  Ransom,  named  for  General  Ransom,  a  dis- 
tinguished soldier. 

Richland — For  Hon.  M.  T.  Rich,  a  settler  of  1869  at  Wahpeton,  and  because 
it  embraced  a  land  that  was  rich  indeed.  Mr.  Rich  visited  the  Red  River  Valley 
in  1864,  in  connection  with  Sully's  expedition,  passing  on  west  to  the  gold 
regions. 

Sargent — For  H.  E.  Sargent,  general  manager  of  the  Northern  Pacific  Rail- 
road, interested  in  the  development  of  the  agricultural  interests  of  the  Red 
River  Valley. 

Stark — For  George  Stark,  general  manager  of  the  Northern  Pacific  Railroad, 
owner  of  the  Stark  farm,  near  Bismarck,  opened  to  demonstrate  the  fertility  and 
adaptability  of  the  Missouri  River  region  to  general  farming. 

Steele — For  Franklin  Steele,  an  early  trader  at  Fort  Snelling,  and  later  a 
distinguished  citizen  of  Minneapolis,  associated  with  the  early  promoters  of 
Hope,  who  made  large  investments  in  that  vicinity. 

Stutsman — For  Hon.  Enos  Stutsman,  who  was  born  in  Ohio,  taught  school 
and  studied  law  at  Des  Moines,  Iowa,  settled  at  Yankton  in  1858,  a  member  of 
the  first  Legislature  in  1862 ;  came  to  North  Dakota  as  a  special  agent  of  the 
treasury  department  in  1864,  when  he  was  elected  to  the  Legislature  from  Pem- 
bina County  and  thereafter  until  his  death  identified  with  North  Dakota,  render- 
ing distinguished  service. 

Towner — For  Hon.  O.  M.  Towner,  founder  of  the  Elk  Valley  farm  in  Grand 
Forks  County,  and  a  member  of  the  Legislature  of  1883. 

Traill — For  Walter  J.  S.  Traill,  an  employe  of  the  Hudson's  Bay  Company, 
located  in  early  days  at  Caledonia  and  identified  with  the  early  development  of 
Traill  County. 

Walsh — For  Hon.  George  H.  Walsh.  His  father,  Thomas  Walsh,  located 
at  Grand  Forks  in  1871.     George  H.  was  president  of  the  coimcil  in  the  Legis- 


486  HISTORY  OF  NORTH  DAKOTA 

lature  of  1881,  and  of  the  council  in   1883,   1885  and  18S9,  and  of  the  North 
Dakota  Senate  after  statehood. 

Wells — For  Hon.  E.  P.  Wells,  a  member  of  the  Legislature  of  1881,  identified 
with  the  development  of  Jamestown  and  the  James  River  Valley. 

W^ard — For  Hon.  J.  P.  Ward,  a  member  of  the  Legislature  of  1885,  an  active 
friend  of  North  Dakota  at  that  session,  though  from  South  Dakota. 

Williams — Changed  entirely  from  its  original  position.  Named  for  Hon. 
E.  A.  \\'illiams,  who  came  to  Yankton  about  1869,  and  to  Bismarck  in  1872  as 
an  employe  of  Walter  A.  Burleigh  in  connection  with  his  contract  for  the  con- 
struction of  fifty  miles  of  the  Northern  Pacific  Railroad  east  from  Bismarck. 
He  was  elected  a  member  of  the  Legislature  that  fall  and  from  1873  forward 
has  been  identified  with  North  Dakota  interests.  He  has  been  in  the  Legislature 
several  times,  twice  speaker,  which  position  he  occupied  in  1883.  the  history- 
making  session,  so  far  as  the  interests  of  North  Dakota  were  connected  with 
the  afi^airs  of  the  whole  territor}'.  He  was  a  member  of  the  Constitutional  Con- 
vention and  surveyor  general,  and  has  taken  a  prominent  part  in  the  political 
conventions  of  the  republican  party. 

Cavalier,  Rolette,  Bottineau,  McHenn,',  Ramsey,  Foster,  Logan,  Morton, 
Mercer,  W'illiams,  Grand  Forks,  Cass,  Richland,  Burbank  (now  Barnes),  Gin- 
gras  (now  W^ells),  Lamoure.  Stutsman,  Ransom,  Kidder  and  Burleigh  were 
created  by  the  Legislature  of  1873.  Benson,  Bowman,  McLean,  Mcintosh,  Nel- 
son, Sargent.  Steele  and  Towner  by  the  Legislature  of  1883.  Walsh  was  created 
in  1881.  Dickey,  Emmons,  Hettinger,  Billings,  Dunn,  Stark,  Oliver,  Ward  and 
McKenzie  were  creations  incident  to  other  legislative  sessions. 

The  counties  created  since  the  Legislature  of  1873  and  the  names  are  of  later 
date  than  the  conference  with  Mr.  Rich,  but  the  original  nomenclature  comes 
from  that  visit  of  Stutsman  to  Rich.  Hon.  Judson  Lamoure  was  also  con- 
sulted and  he,  too,  had  a  hand  in  giving  the  first  as  well  as  the  later  creations 
their  names.  The  same  is  true  of  E.  A.  Williams,  a  member  of  the  Legislature 
which  made  the  first  division. 

Mountrail  was  named  for  a  prominent  half-blood  family,  descendants  of 
Joseph  Mountrail,  an  early  voyageur. 

Renville  was  named  for  Joseph  Renville,  trader,  interpreter,  mentioned  in 
connection  with  the  translation  of  the  Bible  and  other  important  matters. 

Adams  County  for  Hon.  R.  S.  Adams  of  Lisbon,  a  prominent  financier  and 
disting^iished  citizen. 

Divide  County,'  from  the  division  of  Williams  County. 

Grant  County,  from  a  division  of  Morton  County,  in  November,  1916,  for 
the  illustrious  Gen.  U.  S.  Grant. 

Burke  County,  for  Hon.  John  Burke,  a  democrat,  three  times  elected  gov- 
ernor by  republican  votes,  and  United  States  treasurer  under  President  Wood- 
row  Wilson. 

Sheridan  County,  for  Gen.  Philip  Sheridan. 


CHAPTER  XXXII 
STORIES  OF  EARLY  DAYS 

WINSHIP   HOTEL BUDGe's  TAVERN — AN  ENTERTAINING  STORY  OF  YE  OLDEN  TIMES 

IN.  NORTH  DAKOTA 

When  Pembina  was  little,  before  Grand  Forks,  Fargo  and  Moorhead  were 
born,  George  B.  Winship  strayed  in  from  the  south  via  Abercrombie,  and  Billy 
Budge  from  Scotland  via  Hudson's  Bay,  and  meeting  at  Pembina  in  1871,  where 
George  was  engaged  as  a  clerk  in  the  sutler's  store,  they  concluded  to  form  a 
partnership  and  enter  into  business.  They  selected  a  point  on  the  stage  line 
between  Grand  Forks  and  Pembina  known  as  Turtle  River,  where  they  erected 
a  log  cabin  and  put  in  a  little  stock  of  those  things  essential  to  life  for  man  and 
beast  and  opened  up  a  hotel.  The  old-timers  all  credit  them  with  having  kept 
an  excellent  stopping  place,  one  of  the  best  on  the  line,  and  both  were  popular 
and  have  since  prospered  in  this  world's  goods.  Winship  established  the  Grand 
Forks  Herald,  represented  the  Grand  Forks  District  in  the  State  Senate  several 
terms,  and  on  his  retirement  went  to  California  where  he  enjoys  a  fortune  from 
the  proceeds  of  well  used  opportunities  in  North  Dakota. 

William  Budge  was  a  member  of  the  constitutional  convention  and  also  rep- 
resented his  district  in  the  State  Senate  several  terms,  was  the  leading  spirit  in 
the  establishment  of  the  State  University,  and  was  one  of  its  regents  for  several 
years,  and  postmaster  at  Grand  Forks,  moving  to  Medford,  Ore.,  where  he 
became  one  of  the  leading  business  men  of  Jackson  County,  and  always  the 
true  and  noble  hearted  man  he  was  in  the  early  days  of  North  Dakota. 

The  following,  condensed  from  Clarence  Webster's  story  in  the  Chicago  Inter 
Ocean  in  18S6,  will  be  enjoyed  by  their  friends : 

"After  erecting  their  cabin,  which  was  the  only  human  habitation  in  1871 
between  Grand  Forks  and  Pembina,  unable  to  agree  on  the  name  for  their  place, 
as  the  story  runs,  they  agreed  to  label  it  'Winship's  Hotel,'  so  as  to  meet  the 
view  of  those  coming  from  the  south  and  that  'Budge's  Tavern'  should  be  the 
sign  displayed  for  the  observation  of  those  coming  from  the  north.  They  dis- 
agreed in  many  things  but  united  in  one,  'We  are  not  here  for  our  helth,'  was 
to  be  conspicuously  printed  on  a  card  to  be  hung  on  the  wall  over  the  fireplace. 
'God  Bless  Our  Home,'  and  others  of  that  nature  were  not  fashionable  then. 
The  early  settlers  were  the  practical  sort  of  fellows,  who  believed  in  informing 
people  just  where  they  were  at  and  what  was  expected  of  them. 

"Budge  was  an  expert  in  turning  the  flapjacks  while  Winship  was  equally 
good  as  a  valet  de  chambre  at  both  house  and  barn,  Budge  assisting  however 
between  meals.     Both  were  excellent  collectors  and  usually  insisted  that  there 

487 


488  HISTORY  OF  NORTH  DAKOTA 

must  be  an  understanding  as  to  the  pa^  before  any  of  the  supplies  had  been  con- 
sumed. It  is  said  they  each  warned  the  travelers  not  to  pay  the  other,  resulting 
in  occasional  loss  on  the  grounds  that  it  was  unsafe  to  pay  either.  They  had  a 
monopoly  and  like  all  monopolists  were  independent  and  when  there  were  any 
objections  to  paying  $2  for  tiapjacks  a  la  Budge  and  stable  accommodations  a  la 
Winship  the  unfortunate  objector  was  invited  to  read  the  card  over  the  fireplace 
and  move  on.  Sometimes  Budge  suggested  that  the  man  who  objected  to  paying 
$1  for  a  white  man's  meal  could  fill  up  on  marsh  hay  at  half  price. 

"It  sometimes  happened  that  objections  were  made  to  the  economical  spelling 
of  the  word  health  in  the  sign  upon  the  wall.  If  the  kick  was  made  to  Budge  he 
added  a  half  to  the  bill  for  extras.  If  it  was  commented  on  before  Winship, 
with  great  presence  of  mind  he  always  remarked  that  the  proofreader  must  have 
been  drunk  as  usual  when  they  went  to  press  with  it. 

"Neither  proposed  to  allow  the  other  to  get  ahead  of  him.  They  made  a 
nightly  division  of  the  cash  and  had  a  definite  understanding  as  to  the  division  of 
labor.  Each  in  turn  was  to  build  the  fires,  and  in  order  that  there  might  be  no 
mistake  they  arranged  a  calendar  and  pasted  it  at  the  foot  of  the  bed.  Com- 
mencing with  B.  W.  B.,  alternating  with  W.  B.  W.,  there  were  thirty  sets  of 
initials,  representing  each  day  in  the  month.  \Mien  Winship  had  built  the  fire  he 
rubbed  out  the  last  initial  and  Budge  did  the  same  when  it  came  his  turn.  The 
crossed  letter  always  settled  the  question  as  to  who  was  to  get  up  next  time  and 
indicated  the  day  of  the  month. 

"One  morning  Budge  got  up  and  built  the  fire  cancelling  the  B.  It  was  a  roar- 
ing fire,  made  especially  for  a  temperature  of  30  below.  The  frail  chimney,  built 
of  sticks  and  mud,  surmounted  by  a  barrel,  caught  fire.  Soon  the  fire  spread  until 
Winship's  end  of  the  building  was  burning  at  a  lively  rate.  Winship  poked  his 
elbow  in  Budge's  side,  he  having  fallen  asleep,  who  thinking  a  mule  had  kicked 
him,  yelled,  'Whoa.'  Another  nudge  partially  awakened  him,  when  Winship 
said,  'Billy,  she  is  afire  again.'  Budge  protested  that  he  had  spoiled  the  slickest 
dream  he  had  ever  had  and  that  he  would  have  had  it  all  fixed  in  a  minute  more 
if  he  had  been  left  alone,  besides  he  didn't  see  why  he  should  be  disturbed.  He 
wanted  to  sleep. 

"  'The  fire  is  spreading,'  said  Winship.  'Better  get  up  and  put  it  out  while 
you  can  do  it  easy.    It  is  your  turn  to  get  up.' 

"  'It  ain't  my  time  to  get  up.'  said  Budge.     'The  B.  is  crossed  out.' 

"  'It  is  your  fire,'  said  Winship,  'you  built  it,  you  had  better  put  it  out.  It's 
getting  too  hot.' 

"Budge  insisted  that  the  fire  was  Winship's  by  right  of  discovery  and  he 
must  take  care  of  it. 

"Higher  leaped  the  flames,  closer  and  closer  they  came  to  the  Scotchman, 
who  was  still  insisting  upon  his  rights  to  sleep  undisturbed  after  building  the 
fire.  His  own  part  of  the  shanty  was  ablaze.  Coals  were  dropping  down  on  the 
robes  under  which  they  had  been  sleeping.  Winship  drew  the  robe  over  his 
head. 

"Finally  Budge  proposed  that  they  both  get  up.  'That  is  reasonable,'  replied 
Winship.     'Why  didn't  you  think  of  that  before?' 

"They  both  got  otit.     Some  of  the  bacon  and  other  things  were  saved. 


NORWEGIANS  DANCIXG.  NEAR  RED  RIVER  IN  ABERCROIUBIE 


GIRLS  IN  NORWEGIAN  PEASANT  DRESS,  ABERCROMBIE 


HISTORY  OF  NORTH  DAKOTA  489 

"By  this  time  Grand  Forks  had  begun  to  grow.  Botli  went  to  the  Forks  and 
entering  on  separate  Hnes  succeeded  in  business. 

"Winship  sometimes  undertakes  to  tell  the  story  and  Budge  tries  to  correct 
the  proof,  but  giving  up  in  despair,  simply  writes  on  the  margin,  'there  are  other 
liars  in  the  valley  besides  yourself.'  " 

THE    OLD-TIME    POSTOFFICE    .'\T    PEMBINA 

I  came  here  (Pembina)  in  1851,  in  comjjany  with  N.  W.  Kittson  and  others. 
After  being  here  a  few  days  Mr.  Kittson  asked  me  to  act  as  assistant  postmaster, 
he  having  been  appointed  postmaster  some  time  in  1849.  Joseph  R.  Brown  was 
contractor  to  carry  the  mail  from  Pembina,  Wisconsin  Territory,  to  Crow  Wing 
in  the  same  territory,  via  Thieving  River,  at  its  mouth  at  Red  Lake  River,  thence 
by  land  and  canoe  to  Red  Lake  Village,  making  short  portages,  thence  making 
short  portages  between  small  lakes  to  Cass  Lake  and  then  by  the  same  order  of 
travel  to  Leach  Lake  and  so  on  to  Crow  Lake  and  to  the  end  of  the  route  at  Crow 
Wing  Village,  which  was  the  headquarters  of  the  North- West  Fur  Company 
for  all  that  section  of  the  country  claimed  by  the  Chipjiewas  from  Crow  Wing  to 
Pembina  northwest  and  northeast  to  Sandy  Lake,  and  Fond  du  Lac. 

The  contract  was  a  go-as-you-please,  on  foot,  horse  back,  cart  or  canoe,  any- 
way-to-get-there  affair.  The  contract  price  for  carrying  it  was  $1,100  a  year. 
Kittson,  being  postmaster,  could  not  act  as  sub-agent.  He  appointed  me  as 
assistant  postmaster,  and  I  ran  the  machine  until  some  time  in  1S53  or  '54.  I  did 
all  the  business  of  the  office,  made  the  quarterly  returns  and  deposit  of  funds  due 
the  department,  attending  to  every  detail  of  the  office,  which  at  that  time  was  no 
child's  play  as  every  letter  and  package  had  to  be  tied  up  in  wrappers,  waybilled 
and  addressed  to  its  destination.  St.  Paul  packages  contained  nearly  all  of  Min- 
nesota, Chicago,  Detroit  and  east  and  west  exchange. 

Letter  rates  of  postage  ran  6j4.  i2/4,  i8.)<4,  to  25  cents,  according  to  distance, 
from  6'4  for  short  distances  to  25  for  500  miles  and  over.  Every  letter  and 
package  had  to  be  wrapped  and  addressed.  Even  single  letters  had  to  be  wrapped 
and  addressed  to  their  proper  offices.  All  wrappers  had  to  be  saved  and  used 
as  long  as  they  would  hold  together  and  an  address  could  be  put  on  without  show- 
ing another. 

But  when  it  came  to  making  out  the  quarterly  reports  the  dance  had  just 
commenced.  Every  letter  received  and  dispatched  must  be  returned  from  the 
records  kept  on  bills  for  that  purpose,  and  it  made  a  package  about  the  size  of 
a  family  Bible,  and  the  footing  up  of  columns  with  the  amounts  running  from 
6J'4,  12^/2,  i8;?4  to  25.  was  a  corker.  And  right  here  let  me  tell  you,  with  a 
feeling  of  pride,  that  I  never  had  a  quarterly  return  come  back  to  me  for 
correction.   • 

Let  me  give  you  a  sketch  of  the  business  at  that  early  day,  and  the  hardships 
and  tricks  of  some  of  our  carriers. 

The  Hudson's  Bay  Company,  before  the  establishing  of  the  Crow  Wing 
Route,  always  sent  special  messengers  or  carriers  every  spring  and  fall  to  St. 
Paul  with  the  mail  from  their  outposts  in  the  North  and  Northwest,  consisting 
of  a  thousand  or  more  letters  and  packages,  all  mailed  at  the  postoffice  in  St. 
Paul  for  their  establishments  in  Canada  and  England. 


490  HISTORY  OF  NORTH  DAKOTA 

The  mail  from  Fort  Garry,  now  Winnipeg,  was  generally  carried  by  two  men 
by  cart  or  dog  train.  Occasionally  it  was  packed  by  men  on  their  backs,  some- 
times, if  in  winter,  via  the  Red  Lake  and  Crow  Wing  route,  but  generally  by  the 
cart  route  via  Ottertail  Lake  and  Crow  Wing. 

The  postoffice  having  been  established,  Mr.  Kittson  appointed  postmaster,  and 
contract  for  carrying  the  mail  let,  the  governor  of  the  Hudson's  Bay  Company 
was  notified  and  postal  arrangements  were  made  between  the  United  States  postal 
department  and  the  governor  of  the  Hudson's  Bay  Company,  that  all  mail  matter 
from  the  company.  Prince  Rupert's  land,  British  possessions,  should  be  mailed 
at  Pembina,  Wisconsin  Territory,  with  United  States  postage  stamps,  prepaid  at 
the  rates  of  our  domestic  and  foreign  contract  the  same  as  our  own  mail.  The 
route  was  established  as  a  monthly  mail  leaving  Pembina  the  first  of  every 
month,  with  no  specified  time  for  arrival  at  Crow  Wing,  or  return,  though  it 
must  be  within  the  month,  and  be  made  with  all  possible  dispatch  and  as  little 
delay  as  circumstances  permitted. 

Our  carriers  were  all  half  breeds,  the  best  and  most  reliable  men  to  be  had. 
Our  best  man  was  "Savage"  (Joseph)  Mountrail.  He  had  the  endurance  of  a 
blood  hound.  Tough  as  an  oak  knot,  fearless  and  faithful.  To  verify  the  above 
I  will  relate  an  instance  on  one  of  his  trips:  It  was  made  in  the  fall  when  the 
rivers  and  lakes  were  just  freezing  over.  We  started  him  out  on  foot  with  his 
brother  Alex  as  his  assistant.  The  trip  to  Crow  Wing  was  made  in  time  but  with 
considerable  hardships.  The  return  mail  was  large  and  had  to  be  carried  on  the 
back.  One  carried  the  mail,  the  other  the  grub,  bedding,  etc.  They  met  with  no 
mishaps  until  arrival  at  Thieving  River.  Alex  was  then  taken  sick  and  would 
have  to  be  carried.  A  white  man  would  have  cached  the  mail  and  seen  to  his 
brother.  Not  so  with  "Savage."  He  endeavored  to  pack  Alex,  the  mail,  grub 
and  all,  but  made  slow  progress.  He  took  the  mail  and  grub,  leaving  Alex,  and 
making  a  few  miles,  would  return  for  him,  and  then  again  the  mail,  and  so  on 
until  he  arrived  at  Pembina  on  the  sixth  day  from  Thieving  River.  That  is  only 
one  instance  in  many  of  these  voyageurs.  I  had  on  the  route  one  Paul  Beauvier 
who  was  as  tough,  if  that  is  what  to  call  it,  as  man  can  get  to  be.  But  he  was  a 
voyageur  and  every  inch  of  him.  He  never,  even  in  the  coldest  of  weather,  wore 
a  cap  or  hat.  A  blue  cloth  capot,  without  lining,  with  a  capecha  or  hood  attached, 
which  was  seldom  worn  on  his  head  even  in  the  coldest  of  weather,  was  his 
usual  dress.  He  always  went  with  an  open  breast,  with  nothing  but  a  cotton  shirt 
no  matter  if  the  mercury  showed  20  or  more  degrees  below  zero.  As  an  equivo- 
cator  he  was  a  success.  He  would  spin  out  yarn  after  yarn  finer  than  any  gum 
string  could  possibly  be  stretched. 

I  always  gave  him  provisions  sufficient  for  the  round  trip,  but  in  Red  I-ake 
Village  he  would  lay  over  two  or  three  days,  and  in  the  morning  when  he  wanted 
to  leave  for  Crow  Wing  he  would  apply  to  the  resident  missionary,  Mr.  Wright, 
for  grub  to  take  him  to  Crow  \^'ing,  ha\ing  played  high  old  revel  with  the  dusky 
maidens  of  the  village  until  his  supplies  were  exhausted. 

On  one  occasion,  after  getting  his  supplies  from  the  unsuspecting  missionary 
to  last  him  to  Crow  Wing,  before  he  got  to  the  last  wigwam  or  tepee  of  the  village 
he  hadn't  a  mouthful  left  for  the  trip.  He  knew  they  were  cutting  a  road  through 
from  Crow  Wing  to  Cass  Lake  and  concocted  a  plan  to  euchre  the  overseer  out 
of  grub  enough  to  take  him  through  to  Red  Lake  Village  on  his  return  trip.     He 


iw*  JViik*—  ■'^    -''^^SSE^  yfa-: -Y^,  i'^fJ*  ' 


VIEW  OF  MINOT  IN  1893 
A    settlement    of    tents 


DECORATIOX  FOR  ELKS'  CONVENTION,  MINOT,  1914 


HISTORY  OF  NORTH  DAKOTA  491 

struck  the  contractor  or  overseer  some  miles  west  of  their  encampment  and  told 
him  a  flowery  yarn  of  how  the  roaring  Red  River  had  robbed  him  of  all  his 
provisions  and  asked  the  loan  of  enough  to  take  him  to  Crow  Wing,  and  that  he 
would  replace  it  on  his  return,  and  succeeded  in  getting  what  he  wanted.  In 
returning  home  Paul  knew  about  where  they  were  working  the  road,  and  took  a 
straight  cut  some  distance  from  the  dog  trail.  He  therefore  kept  the  old  trail 
and  passed  without  drawing  a  growl  from  the  dogs,  getting  home  O.  K.  Those 
fellows  may  be  looking  for  him  yet. 

In  1853  I  went  into  partnership  with  Forbes  &. Kittson  at  Indian  trading. 
In  1854  I  moved  to  St.  Joseph,  now  Walhalla,  and  took  charge  of  the  post.  From 
there  I  had  to  make  a  monthly  trip  to  Pembina  to  attend  to  the  arrival  and 
departure  of  the  mail.  Tiring  of  that  I  recommended  to  the  postoffice  department 
at  Washington  the  appointment  of  Joseph  Rolette  as  postmaster,  giving  my 
reasons  for  it.  He  was  duly  appointed  and  held  the  office  for  several  years,  but 
failing  to  make  out  his  regular  quarterly  returns  on  August  31,  1861,  Joseph  Y. 
Buckman  (not  Buckhannan)  was  appointed. 

Buckman  and  Captain  Donaldson  were  elected  to  the  Territorial  Legislature 
that  year.  They  worked  through  the  session  at  Yankton  that  winter.  Donaldson 
returned  to  Pembina  in  the  spring.  Buckman  never  came  back.  He  died  the  next 
year,  but  where  I  can't,  nor  is  it  necessary  here  to  tell  how. 

Donaldson,  I  believe,  was  the  next  postmaster.  John  E.  Sheals  was  appointed 
June  26,  1863.  After  Major  Hatch's  battalion  left  in  the  spring  of  1864,  Sheals 
went  to  Fort  Garry,  and  left  me  to  run  the  office  as  assistant.  Collector  of 
Customs  Joseph  Leniay  and  Joseph  Rolette  sculdugged,  through  Capt.  f.  B.  Todd, 
the  appointment  of  Charles  Murneau,  and  removed  Sheals.  I  knew  nothing  about 
it  until  T  saw  Murneau's  appointment  and  bond  drop  out  of  the  mail  pouch. 
"Now,  Mr.  Lemay;  after  I  am  through  with  this  mail  I'll  attend  to  you."  And 
I  most  assuredly  did — did  it  without  one  apology,  or  cream  on  the  pudding. 
Joe  Rolette  came  in  while  we  were  at  it  and  I  soon  learned  that  he  had  a  finger 
in  the  pie.  I  said  to  Joe,  "Now  as  you  took  the  trouble  to  write  to  Captain  Todd 
for  the  appointment  of  Mr.  Murneau,  just  sit  up  to  this  table  and  ask  Mr.  Todd 
to  have  the  appointment  canceled  and  have  Charles  Cavileer  appointed."  Toe 
most  kindly  did  as  I  requested. 

Murneau  never  acted  as  postmaster  of  Pembina. 

April  28,  1865,  Charles  Cavileer  was  appointed  and  held  the  office  for  twenty 
years,  when  his  son,  E.  K.  Cavileer,  under  appointment  of  January  15,  1884, 
succeeded  him.  James  R.  Webb  was  appointed  December  26,  1886.  His  bond 
never  was  accepted  or  completed,  and  E.  K.  Cavileer  still  holds  the  office. — 
Charles  Cavalier,  in  the  Record,  April,  1896. 

EARLY    HISTORY    BISM.\RCK    POSTOFFICE — WHY    SECRET.\RY    OF    WAR    EELKNAP    WA.S 
IMPEACHED ORVILLE    GRANT    AND    THE    INDIAN    TRADERSHIPS 

By  Linda  W.   Slaughter 

In  December,  1872,  the  people  of  Edwinton,  now  Bismarck,  tired  of  uncer- 
tainties in  the  military  mail  service,  then  carried  by  the  quartermaster  at  Fort 
Abraham  Lincoln,  petitioned  for  the  establishment  of  a  mail  route  from  Fargo 
to  Edwinton  and  for  the  establishment  of  a  postoffice.     They  also  petitioned  for 


492  HISTORY  OF  NORTH  DAKOTA 

my  appointment  as  postmaster,  which  petition  was  endorsed  favorably  by  the 
military  authorities  at  Fort  Abraham  Lincoln.  The  postoffice  was  established 
February  7,  1873,  but  Maj.  S.  A.  Dickey,  then  post  trader  at  Fort  A.  Lincoln, 
whose  brother  was  in  Congress  from  Pennsylvania,  received  the  appointment  as 
postmaster.  Fort  A.  Lincoln  was  then  known  as  Fort  McKean,  and  as  a  post- 
office  was  established  at  that  point  soon  afterwards  Major  Dickey  could  not  hold 
the  office  at  Edwinton  as  he  resided  beyond  the  delivery  of  the  office.  He  resigned 
in  my  favor  and  I  opened  the  office  in  March,  1873,  as  his  deputy.  It  was  then 
held  that  a  married  woman  could  not  file  a  bond,  so  my  husband,  Dr.  B.  F. 
Slaughter,  was  appointed  in  April,  and  in  August  I  became  his  assistant  in  name, 
but  had  full  charge  of  the  office  for  him  as  I  had  previously  had  for  Major  Dickey. 
The  salary  was  fixed  at  the  munificent  sum  of  $12  per  annum.  In  June,  1873, 
the  office  was  changed  in  name  from  Edwinton  to  Bismarck,  so  named  in  order 
to  attract  the  attention  of  German  capital  to  the  Northern  Pacific  Railroad,  then 
under  construction.  The  great  chancellor  acknowledged  the  compliment  in  an 
autograph  letter  to  Secretary  Wilkinson  of  the  Northern  Pacific  Railroad. 

In  the  meantime  Doctor  Slaughter  had  gone  to  Washington  and  so  impressed 
the  department  with  the  importance  of  the  office  that  the  salary  was  raised  to 
$790  for  the  year  1S74. 

There  were  then  rumors  of  corruption  in  connection  with  freighting,  con- 
tracting and  in  the  Indian  and  military  traderships  on  the  Missouri  River,  and 
Ralph  Meeker  put  in  an  appearance  with  credentials  from  James  Gordon  Bennett 
of  the  New  York  Herald,  with  instructions  to  investigate  and  report  the  facts  as 
to  the  alleged  abuses  at  the  Fort  Berthold  Indian  Agency  and  other  points.  He 
brought  to  me  letters  of  introduction  asking  my  aid  to  secure  him  employment  at 
the  Berthold  Agency  in  order  that  he  might  have  better  opportunities  for  investi- 
gation. This  I  accomplished  through  the  help  of  a  commandant  of  one  of  the 
upriver  posts,  and  Meeker  went  to  work  as  a  common  laborer  on  the  agency 
farm,  under  the  assumed  name  of  J.  D.  Thompson.  His  letters  were  dated  Bis- 
marck and  mailed  at  this  office,  having  been  sent  under  cover  to  me  for  that 
purpose. 

One  of  these  letters  contained  a  terrible  arraignment  of  Orville  Grant,  brother 
of  the  President,  for  his  conduct  of  the  Missouri  River  post  traderships.  These 
letters  created  a  sensation  in  Bismarck  and  at  the  adjacent  posts,  and,  indeed, 
throughout  the  country,  and  every  elTort  was  made  to  discover  their  author. 
Threats  of  violence  were  even  made  should  he  be  discovered.  At  length  an 
observant  route  agent,  as  the  railway  postal  clerks  were  then  called,  reported  that 
I  was  the  author.  Mindful  of  the  danger  to  the  actual  author  should  the  truth 
be  known,  I  did  not  deny  the  report.  Orville  Grant  hastened  to  Washington 
and  secured  my  summary  removal  and  the  appointment  of  a  gentleman  associated 
with  him  in  the  Fort  Stevenson  tradership  as  my  successor. 

There  was  commotion  among  the  people  of  Bismarck  when  the  truth  came  to 
be  known.  Public  meetings  were  held  and  a  petition  sent  for  my  reinstatement. 
The  old  cannon,  still  owned  by  the  city,  which  used  to  be  a  part  of  the  armament 
of  the  Ida  Stockdale,  was  planted  on  the  square  where  the  band  stand  now  is  and 
joined  in  the  general  protest  made  by  vigorous  speakers.  They  adjourned  the 
public  meeting  to  the  postoffice  where  they  assured  me  of  their  confidence  and 
support. 


HISTORY  OF  NORTH  DAKOTA  493 

The  commandants  of  the  mihtary  posts,  who  received  their  mail  through  the 
Bismarck  postoffice,  also  sent  protests  against  my  removal. 

The  Herald  correspondence  had  been  instigated  by  members  of  the  United 
States  Senate  who  feared  that  an  expose  of  the  abuses  of  which  they  were  cogni- 
zant would  mean  the  downfall  of  their  party  unless  the  system  of  farming  out  the 
traderships  existing  under  General  Belknap  could  be  stopped.*  President  Grant 
with  his  well  known  fidelity  to  friends,  refused  to  even  listen  to  the  complaints. 
It  was  for  that  reason  that  the  party  leaders  determined  to  make  the  expose  even 
if  the  President's  own  brother  should  be  involved.  When  the  news  of  my 
removal  reached  these  gentlemen  they  sought  an  interview  with  Postmaster-Gen- 
eral Jewell,  and  I  was  reinstated.  A  new  commission  dated  August  15,  1875, 
was  afterwards  sent  me,  with  a  kind  personal  letter  from  the  postmaster-general. 
About  this  time  the  actual  writer  of  these  sensational  letters,  who  had  been 
steadily  following  the  plow  on  the  agency  farm,  was  discovered.  He  narrowly 
escaped  assassination  at  the  agency  and  made  his  way  to  Fort  Stevenson  whence 
he  was  sent  under  escort  to  Bismarck.  His  discovery  caused  a  revolution  in  my 
favor  and  those  who  had  previously  been  my  enemies  became  my  friends. 

^  ^  ^;-  ^  ;j:  if:  *  •;:  ^  * 

On  July  17,  1873,  the  county  commissioners  of  Burleigh  County  appointed 
mt  county  superintendent  of  schools  and  in  November  I  was  elected  to  that 
position  by  the  people.  A  question  having  arisen  as  to  whether  I  was  eligible 
Chief  Justice  Peter  C.  Shannon  decided  that  a  woman  who  had  the  qualifications 
of  an  elector  as  to  residence  and  in  other  respects  than  as  to  sex,  and  was  possessed 
of  the  scholarly  attainments  requisite,  was  eligible.  My  right  to  hold  two  offices 
was  later  questioned  and  in  order  to  settle  the  question  I  wrote  the  postmaster- 
general  and  his  reply  was  that  "the  annual  salary  of  your  office  so  nearly  approxi- 
mates $1,000  that  it  is  not  deemed  expedient  for  you  to  accept  the  office  of 
county  superintendent  of  schools."    Whereupon  I  wrote  this,  my  resignation: 

"Bismarck,  Dakota,  January  2c;,  1873. 
"Hon.  Marshall  Jewell,  Postmaster-General, 
"Washington,  D.  C. 
"Dear  Sir:   I  hereby  tender  my  resignation  of  the  office  of  postmaster  at  Bis- 
marck, Dakota,  in  favor  of  Clement  A.  Lounsberry  of  the  Bismarck  Tribune,  to 
take  effect  at  the  close  of  the  present  fiscal  year,  June  30,  1876.     I   resign  the 
office  because  a  sufficient  allowance  is  not  made  for  clerk  hire  and  the  duties  of 
the  office  have  become  too  onerous  for  me.     I  recommend  Colonel  Lounsberry 
for  the  position  because  he  is  a  man  of  integrity  and  popular  with  our  people,  as 


*  Meeker  returned  the  next  winter  and  aided  by  Custer  and  others  developed  more  fully 
the  scoundrelism  which  was  then  the  rule  in  relation  to  the  post  traderships.  The  Indian 
traderships  were  in  the  hands  of  Orville  Grant.  He  furnished  the  opportunity  and  others 
the  money  and  received  half  the  proceeds.  The  military  traderships  were  controlled  by  the 
wife  of  the  secretary  of  war  who  received  a  gift  of  $12,000  per  annum  from  each  of  the 
posts  at  Forts  Buford.  Lincoln  and  Rice,  and  smaller  sums  from  other  posts,  in  return 
for  the  appointment  of  her  friends  as  traders.  It  was  these  facts  which  led  to  the  impeach- 
ment of  Secretary  Belknap  and  incidentally  to  the  Custer  massacre.  General  Custer's  soul 
went  out  in  sympathy  to  the  oppressed  and  especially  to  the  Indians  whom  he  loved  and 
who  had  profound  respect  and  admiration  for  him.  Custer  never  told  an  Indian  a  lie. 
It  was  he  who  was  instrumental   in  bringing  Meeker  back. 


494  HISTORY  OF  NORTH  DAKOTA 

I  should  regret  to  see  the  office  to  which  I  have  devoted  so  much  time  and  care, 
fall  into  unworthy  hands. 

"With  grateful  remembrance  of  your  past  kindness,  and  wishes  for  your 
future,  I  am  sincerely  your  friend, 

"Linda  W.  Slaughter,  P.  M., 

"Bismarck,  Dakota." 

At  this  time  I  appointed  F.  D.  Bolles  assistant  postmaster,  and  the  office  was 
at  once  moved  to  the  Bismarck  Tribune  office,  where  he  was  employed  as  a 
printer.  Later  my  resignation  was  amended  to  take  effect  April  i,  1876,  when 
Colonel  Lounsberry  was  appointed  and  served  until  his  resignation  in  November, 
1885. 

A    WAR    REMINISCENCE 

Sitting  in  the  office  of  Augustus  Haight  at  Jamestown,  talking  of  the  war 
and  its  incidents  Mr.  Haight  mentioned  the  fact  that  he  was  in  Washington 
when  Ellsworth  was  killed.  May  24,  1861.  "And  I  was  in  Alexandria,"  responded 
Colonel  Lounsberry.  "I  heard  the  shot ;  I  saw  the  bloody  stairway  and  the  life- 
less body."  "And  I,"  responded  Mr.  Haight,  "accompanied  his  remains  to  his 
old  home  and  delivered  a  letter  to  his  father  which  Colonel  Ellsworth  handed  me 
the  evening  before  his  death  to  be  franked  and  mailed.  I  was  employed  in  the 
office  of  the  secretary  of  state  under  William  H.  Seward.  That  morning  1  was 
up  early  and  out  on  Penn  Avenue,  W'ashington.  An  orderly  hastening  down 
the  avenue  at  a  furious  pace  told  me,  in  response  to  my  inquiries,  of  Ellsworth's  . 
fate.  I  hurried  to  the  White  House  and  Mr.  Lincoln,  in  response  to  my  'good 
morning,  Mr.  President,'  replied  "but  it  is  a  sad  one.  Be  seated,  Secretary 
Cameron  will  soon  arrive  and  we  shall  know  the  truth.'  Colonel  Ellsworth  had 
handed  me  two  letters  the  evening  before  to  be  franked  by  some  member  of 
Congress,  as  the  soldiers  were  allowed  free  postage.  After  coming  from  the 
White  House,  I  met  Congressman  \'an  Wyck,  who  franked  them.  One  was 
addressed  to  Colonel  Ellsworth's  father  and  was  handed  by  me  to  him  at  the 
Astor  House,  New  York,  as  I  was  chosen  by  President  Lincoln  as  one  of  the 
escort  to  go  with  the  remains  to  his  home  in  Saratoga,  N.  Y.  We  were 
born  in  the  same  town  and  were  school  boys  together.  The  other  was  addressed 
to  Miss  Spofford,  Rockford,  III,  to  whom  he  was  to  be  married.  This  I  sent  by 
the  hand  of  a  friend.  I  went  with  the  remains  as  stated.  There  were  immense 
crowds  everywhere.  John  Brown  was  the  first  martyr  for  liberty,  Ellsworth 
was  the  second,  or  at  least  was  so  regarded.  His  death  fired  the  northern  heart 
and  the  flame  of  patriotism  was  fanned  as  if  by  a  gale.'' 

"And  I,"  responded  Colonel  Lounsberry,  "was  a  member  of  the  Marshall 
Light  Guards  which  became  Company  I  in  the  First  ■Michigan  Infantry,  which 
was  organized  April  24.  1861,  and  reached  Washington  May  i6th,  being  the  first 
western  regiment  to  reach  the  capital.  Ellsworth  came  about  the  same  time  and 
was  quartered  in  the  capital.  The  marble  room  of  the  Senate  chamber  was  used 
for  their  commissary  supplies.  Alexandria  was  captured  by  our  regiment  and 
Ellsworth's.  Ellsworth  went  by  steamer:  We  crossed  over  the  Long  Bridge  and 
marched  over,  arriving  at  daybreak.     We  captured  Captain  Ball's  company  of 


NORTH  DAKOTA  STATE  INSANE  ASYLUM,  JAMESTOWN 


FARM  SCENE  NEAR  JAMESTO\VN 


HISTORY  OF  NORTH  DAKOTA  495 

Virginia  cavalry  consisting  of  thirty-five  mounted  men.  It  is  a  noteworthy 
fact  that  a  mistaken  order  prevented  bloodshed.  Wilcox,  our  colonel,  was  com- 
manding. He  ordered  Captain  Butterworth  of  the  Coldwater  Cadets  to  deploy 
his  company  as  skinnishers  and  fire  on  Ball's  company.  Butterworth  under- 
stood the  order  to  'file'  on  them  and  waited  for  further  orders.  After  getting  in 
position  as  skirmishers,  Ball  surrendered.  By  the  way,  he  was  a  cousin  of 
ex-]\Iayor  Ball,  of  Fargo. 

"In  the  meantime  Ellsworth  noted  a  Confederate  flag  flying  over  the  Marshall 
House.  He  took  Corporal  Brownell  and  a  file  of  soldiers  and  went  to  pull  it 
down.  Jackson,  the  proprietor  of  the  hotel  stood  guard  with  a  shotgun,  swear- 
ing he  would  kill  the  first  man  who  touched  it  or  attempted  to  pull  it  down. 
Ellsworth  attempted  to  pass  him  and  was  killed  by  Jackson  and  he  by  Brownell: 
This  was  about  sunrise  and  it  cast  a  gloom  over  our  spirits  which  it  took  days 
to  remove.  We  built  Fort  Ellsworth  and  occupied  it  until  a  few  days  before 
first  Bull  Run,  and  I  was  associated  with  Ellsworth's  regiment  at  first  Bull  Run, 
where  I  was  wounded  and  being  captured,  was  taken  to  Libby  Prison." 

Mr.  Haight  was  in  the  state  department  at  W'ashington  with  William  H. 
Seward,  and  was  a  member  of  the  Cassius  M.  Clay  battalion,  organized  for  the 
defense  of  Washington,  at  the  breaking  out  of  the  war.  Later  he  raised  a  com- 
pany and  served  till  the  close  of  the  war  as  a  captain  in  the  Forty-second  Wisconsin. 

THE  FICTION  OF  JEFF  DAVIS  IN   SKIRTS 

When  gathering  material  for  North  Dakota  History,  this  writer  found  in 
the  possession  of  Ransom  Phelps,  of  Breckenridge,  a  program  of  the  first 
dance  given  at  Wahpeton.  It  was  neatly  printed  by  the  Minneapolis  Tribune. 
It  was  called  a  "Fancy  Dress  Ball,"  for  the  dedication  of  the  first  business  house 
in  Chahinkapa  (Wahpeton),  on  Monday,  July  6,  1874.  The  music  was  by  Howe's 
Wild  Rice  Band.  The  committee  of  arrangements  was  D.  Wilmot  Smith,  J. 
Mourin,  J.  W.  Blanding  and  M.  T.  Rich.  The  floor  managers  were  J.  Q.  Bur- 
bank,  R.  Phelps  and  C.  B.  Falley. 

Ransom  Phelps  and  D.  Wilmot  Smith  were  military  telegraph  operators  dur- 
ing the  war,  and  Phelps  has  in  his  possession  the  originals  of  many  important 
messages.  He  has  a  manifold  copy  of  the  bulletins  of  Secretary  Stanton  an- 
nouncing the  surrender  of  Lee  ;  Grant's  dispatches,  etc.  He  was  the  operator  in 
the  New  York  office  who  received  the  message.  He  has  a  message  from  P.  T. 
Barnum,  dated  Hartford,  May  17,  1865,  directing  his  manager  at  New  York  to 
"Put  outside  a  picture  of  Jeff  Davis  in  petticoats,  represented  as  running,  ex- 
posing his  boots  and  scolding  the  Government  for  its  want  of  magnanimity  in 
chasing  women,"  and  Jeff  went  into  history  in  that  plight. 

Phelps  wrote  George  Francis  Train  for  his  autograph.  Train  replied,  writ- 
ing in  red  and  blue  : 

"Citizen 

"Ransom  Phelps. 

"Seven  years  ago  I  stopped  animal  food  and  hand  shaking. 

"Long  since  I  gave  up  lectures,  stage,  or  contact  with  adults. 

"April  loth  I  stopped  talking  with  grown  people  and  this  may  be  my  last 
autograph. 

"April  23,  1881.  George  Francis  Train." 


496  HISTORY  OF  NORTH  DAKOTA 

BLAKELY    DURANT,    THE    COMPOSER    AND    ORIGINAL    SINGER    OF    ONE    OF    OUR    MOST 
STIRRING  AND  POPULAR  WAR  SONGS 

Died  in  Grand  Forks,  N.  D.,  September  20,  1894,  Blakely  Durant,  more 
familiarly  known  through  this  Northwest,  if  not  over  the  entire  country  as  "Old 
Shady."  At  his  funeral,  which  occurred  at  the  Baptist  Church  in  that  city,  his 
remains  were  escorted  by  the  Willis  A.  Gorman  Post,  G.  A.  R. ;  also  by  Company 
F,  North  Dakota  National  Guard,  and  the  Grand  Forks  City  Band. 

Blakely  Durant  was  born  at  Fort  Madison,  Miss.,  a  short  distance  south  of 
Natchez,  in  1826,  and  was,  therefore,  at  the  time  of  his  death,  in  his  sixty-ninth 
year.  When  but  a  child  his  parents  emigrated  to  Texas.  His  father  soon  after 
died,  when  his  mother  removed  with  her  family  to  Cincinnati,  Ohio,  when  he 
was  but  seven  years  of  age.  At  that  early  day,  1833,  there  were  no  public  schools 
in  Cincinnati  for  the  education  of  children  of  negro  parents.  However,  "Old 
Shady"  acquired  a  good,  sound,  practical  education,  which  in  fifteen  years  proved 
to  be  the  foundation  of  a  wide  range  of  information,  which  so  enriched  his  life 
in  after  years.  When  still  quite  young,  Durant  removed  to  Mercer  County,  Ohio. 
Here  he  soon  after  married  and  continued  to  reside  on  a  farm  until  the  breaking 
out  of  the  War  of  the  Rebellion. 

When  the  news  of  General  Sherman's  death  reached  Grand  Forks,  there  was 
none  who  mourned  the  sad  event  more  than  did  "Old  Shady,"  the  general's 
famous  "Singing  Cook."  He  said:  "I  saw  General  Sherman  at  the  encamp- 
ment in  Minneapolis  in  1884,  but  had  no  opportunity  to  speak  with  him  then. 
About  one  month  later  the  old  general  passed  through  Grand  Forks,  when  I  met 
him  at  the  depot  and  had  some  fifteen  minutes  or  more  of  conversation  with  him. 
At  first  the  old  general  did  not  seem  to  know  me,  but  when  I  told  him  that  I  was 
really  'Old  Shady,'  the  very  same  'Old  Shady'  who  had  so  long  followed  his 
fortunes  in  the  war,  I  thought  he  would  shake  me  to  pieces.  The  old  general 
asked  me  more  questions  in  the  few  moments  allotted  to  us  than  I  could  possibly 
answer,  and  they  followed  thick  and  fast  one  after  another.  That,  said  'Old 
Shady,'  was  the  last  time  I  ever  saw  the  dear  old  general  alive,  but,  I  have 
always  corresponded  with  him  since,  and  he  has  sent  me  his  photogrpah ;  also 
that  of  his  wife.  I  always  thought  a  great  deal  of  the  old  general,  and  in  return 
he  seemed  to  think  a  great  deal  of  me.  General  Sherman  was  a  man  who  never 
made  any  pretensions,  but  he  was  always  very  plain,  strict  and  straight-forward 
in  his  dealings  with  me  and  his  soldiers." 

When  General"  Sherman's  funeral  occurred  at  St.  Louis,  that  same  faithful 
friend,  "Old  Shady,"  was  true  to  his  love,  and  was  there,  and  there  was  none  to 
mourn  more  than  he,  the  faithful  old  colored  servant,  who  followed  the  remains 
of  his  dear  old  general  to  their  last  resting  place. 

Blakely  Durant  entered  the  army  as  a  private  soldier,  in  February,  1862,  in 
the  Seventy-first  Ohio  \'olunteer  Infantr)',  which  regiment  was  in  General  Sher- 
man's division.  From  the  very  first  he  was  detailed  as  cook  for  the  officer's 
mess.  The  Seventy-first  Regiment  started  from  Camp  Todd,  at  Troy,  Ohio, 
and  went  to  Paducah,  where  they  were  brigaded  with  the  Fifty-fourth  Ohio,  and 
the  Fifty-fifth  Illinois.  Col.  David  Stewart,  of  the  Fifty-fifth  Illinois  was  made 
commander  of  the  brigade.  From  that  time  until  after  the  battle  of  Shiloh  "Old 
Shady"  saw  General  Sherman  almost  constantly. 


HISTORY  OF  NORTH  DAKOTA  497 

"Old  Shady"  entered  General  McPherson's  service  soon  after  the  battles  of 
Fort  Donelson  and  Shiloh,  going  through  to  Vicksburg.  He  was  a  well  known 
and  popular  caterer  for  the  various  groups  of  Union  officers,  among  whom  he 
was  a  general  favorite.  Generals  Sherman  and  McPherson  were  his  chosen 
princes.  It  was  through  the  corps  commander  at  Paducah  that  he  first  met  and 
became  acquainted  with  General  Sherman,  who  ever  afterwards  claimed  "Old 
Shady"  as  a  part  of  his  essential  following. 

The  hero  of  the  famous  march  "From  Atlanta  to  the  Sea,"  feelingly  made 
■"Old  Shady"  the  subject  of  an  extended  and  very  interesting  sketch  in  his 
■"Memoirs  of  the  War,"  which  was  published  in  the  October  number  of  the  North 
American  Review  for  1888. 

After  the  battle  of  Shiloh,  "Old  Shady"  met  General  Sherman  at  Vicksburg, 
where  he  was  then  catering  for  General  McPherson's  mess.  When  General 
Grant's  headquarters  were  on  board  the  gunboat  at  Milliken's  Bend,  in  the  winter 
of  1863,  "Old  Shady"  was  detailed  as  cook  of  Grant's  mess,  a  position  he  occu- 
pied for  nearly  three  months,  during  which  time  he  was  nightly  called  into  the 
ladies'  cabin  to  sing  "Old  Shady"  and  other  songs  for  the  general  and  his  guests, 
and  there  it  was  that  he  again  attracted  the  attention  of  General  Sherman. 

Although  not  detailed,  and  not  expected  to  serve  in  another  capacity  than  that 
of  cook,  "Old  Shady"  often  found  opportunities  to  show  his  bravery  and  loyalty. 
At  the  battle  of  Pittsburg  Landing,  when  a  retreat  had  been  ordered,  the  Seventy- 
first  Ohio  having  been  suddenly  surprised  by  the  enemy  while  at  dinner,  "Old 
Shady,"  observing  that  the  Seventy-first  Ohio  regimental  colors  had  been  for- 
gotten in  the  hasty  retreat,  quietly  took  his  favorite  guitar,  returned  to  the  old 
camping  grounds,  secured  the  colors  and  triumphantly  brought  them  into  camp ; 
but  in  so  doing  lost  his  guitar  which  he  prized  so  highly.  The  officers,  however, 
did  not  forget  his  bravery,  and  soon  after  presented  him  with  a  new  and  very 
handsome  guitar,  which  was  still  in  his  possession  at  the  time  of  his  death. 

In  his  flattering  account  of  "Old  Shady,"  as  published  in  the  North  American 
Review,  General  Sherman  wrote  of  his  famous  song,  "Old  Shady,"  as  follows : 
"I  do  believe  that  since  the  prophet  Jeremiah  bade  the  Jews  to  sing  for  joy 
among  the  chiefs  of  the  nations,  because  of  their  deliverance  from  the  house  of 
bondage,  no  truer  song  of  gladness  ever  ascended  from  the  lips  of  man  than  at 
Vicksburg,  when  "Old  Shady''  sang  for  us  in  a  voice  of  pure  melody  this  song 
of  deliverance  from  the  bonds  of  slavery : 

"OLD   SHADY." 

Yah  !  Yah  !  Yah  !  Come  laugh  wid  me, 
De  white  folks  say  Old  Shady  am  free, 
I  'spec  de  year  of  Ju-be-lee 

Am  a-coming;  am  a-coming; 

Hail,  mighty   day! 

Chorus — Den   away,   den   away,   I   can't   stay  here  any  longer. 
Den  away,  den  away,   for  I  am  goin'  home. 

Old  Massa  got  scared,  and  so  did  his  lady; 
Dis   chile   break   for   old   Uncle   Aby, 


498  HISTORY  OF  NORTH  DAKOTA 

Open   the  door,   for  here's   Old   Shady 
A-comin',    a-comin', 
Hail,  mighty  day! 

Chorus — Den  away,  den  away,  etc. 

Good-bye,   Mass'   Jeff,   good-bye.   Mass'   Stephens; 

'Suse  dis  niggah  for  taken  his  leavins, 

I   'spec   by  and   by  you'll   see   Uncle   Abraham, 

A-comin',    a-comin'. 

Hail,   mighty  day! 

Chorus — Den  away,  den  away,  etc. 

Good-bye,  hard   work  without  any  pay ; 

I's  goin'  up  north  where  the  white   folks  say 

Dat  white  wheat  bread  and  a  dollar  a  day 

Am  a-comin',  a-comin'. 

Hail,   mighty   day  I 

Chorus — Den  away,   den  away,  etc. 

Oh!     I's  got  a  wife  and  a  nice  little  baby 
Way  up   north   in  the   lower   Canady ; 
Won't  they  shout  when  they  see  Old  Shady 

A-comin',    a-comin'. 

Hail,   mighty  day ! 

Chorus — Den  away,   den  away,  etc. 

Diirant  thus  spoke  of  the  old  commander  and  the  old  times : 

"After  the  entry  at  Vicksburg,  General  Sherman  was  stationed  on  the  Big 
Black  River,  and,  whenever  he  came  to  town  he  would  generally  quarter  with 
General  McPherson.  I  have  always  found  the  general  to  be  a  very  agreeable 
gentleman — always  approachable,  and  very  strong  in  his  attachments  to  the 
soldiers." 

"I  left  the  army  at  Vicksburg,  in  December,  1863,  and  returned  to  Ohio,  and 
commenced  steamboating.  I  settled  in  St.  Paul,  Minn.,  having  moved  to  that 
city  in  1866." 

"Old  Shady"  had  lived  at  Grand  Forks  for  twenty  years  before  his  death. 
His  son  is  a  graduate  of  the  North  Dakota  University. 

THE  HALFBREEDS  OF  NORTH  DAKOTA 

The  Metis,  or  halfbreeds,  were  mostly  the  product  of  the  Hudson's  Bay  Com- 
pany. The  company  engaged  men  from  Canada,  Scotland  and  England  as 
employes  in  their  fur  trade  in  the  Northwest,  and  these  men  often  remained  in 
the  Hudson's  Bay  service  their  lifetime.  They  were  usually  men  of  vigorous, 
hardy  physique  and  their  labors  were  onerous,  full  of  hardship,  and  often  of 
danger  and  excitement.  Many  of  them,  in  the  absence  of  white  women,  took  to 
themselves  Indian  wives,  and  the  offspring  in  time  augmented  in  number,  by  in- 
coming settlers,  and  natural  increase,  until  at  one  tiine  there  must  have  been 
about  .3,000  scattered  through  what  is  now  North  Dakota  and  Manitoba.     The 


HISTORY  OF  NORTH  DAKOTA  499 

French  ancestry  predominated,  but  there  were  many  Scotch  and  English  half- 
breeds.  In  these  palmy  days,  when  the  prairie  was  open  ground  and  the  buffalo 
plenty  they  possessed  many  of  the  characteristics  of  the  Acadians,  so  pleasantly 
and  beautifully  described  by  Longfellow.  They  were  a  simple  folk,  but  honest, 
merry,  and  led  with  the  herds  of  buffalo,  from  which  they  received  their  chief 
substance,  almost  pastoral  lives. 

BUFFALO  HUNTING 

The  history  of  the  Metis,  or  halfbreed,  and  his  contemporary,  the  buffalo, 
is  of  peculiar  interest.  While  the  old  halfbreed  of  the  prairie  has  scattered  all 
over  the  Northwest,  and  is  being  mingled  and  lost  among  the  greater  number 
of  later  white  immigrants,  yet  there  are  many  of  them  still  with  us,  whose  earlier 
years  were  spent  in  hunting  over  these  prairies,  making  their  livelihood  by  the 
fruits  of  the  trap  or  gun.  The  buffalo  are  gone  and  practically  extinct,  except 
a  few  that  are  preserved  in  private  or  national  parks;  but  their  traces  are  still 
plentiful  and  show  proof  of  the  immense  herds  that  used  to  feed  on  the  vast 
prairie  pastures  of  this  valley  and  the  adjacent  hills  and  plateaus  lying  westward. 
Deep  worn  paths  along  the  hillsides  still  look  as  if  made  by  herds  of  cattle  a 
season  or  two  ago ;  great  hollows  in  the  ground  yet  remain  where  the  buffalo 
have  eaten  the  salty  soil ;  and  now  and  then  the  farmer  plows  up  a  huge  bone 
or  skull  that  remains  as  a  mark  of  the  grave  of  one  of  these  monarchs  of  the 
plains.  In  some  places  these  bones  are  found  in  such  quantities  that  persons 
have  made  a  business  of  collecting  them  by  the  wagon  load,  and  thousands  of 
tons  have  been  sent  east  to  be  ground  up  for  fertilizers,  etc. 

But  the  history  of  the  buffalo  and  of  the  people  who  lived  on  them  and  hunted 
them,  is  not  ancient  history.  In  1877  a  caravan  of  Red  River  carts  came  to 
Pembina  for  a  market,  and  at  that  time  dried  buffalo  meat  and  pemmican  could 
be  bought  at  stores  and  were  common  articles  of  traffic. 

The  grand  summer  buff'alo  hunt  was  always  the  chief  event  of  the  year. 
From  the  8th  of  June  until  the  15th,  the  hunters  would  assemble  at  some 
central  place  in  the  eastern  part  of  the  state.  Bands  from  various  points  in 
Manitoba  would  join  them.  The  brigade  when  made  up  consisted  of  diff'erent 
nations,  the  largest  part  being  of  French  parentage.  Then  there  were  English, 
Scotch,  Orkney  and  a  few  other  nationalities.  In  the  brigade  there  were  about 
six  hundred  carts  drawn  by  horses  and  oxen,  and  some  twelve  hundred  persons, 
men,  women  and  children.  Being  all  assembled,  and  all  arrangements  made, 
the  officers  were  appointed  by  some  leader,  from  councilmen  to  constables, 
guides,  etc. ;  the  route  determined  upon  after  hearing  the  report  of  scouts,  sent 
out  to  find  where  big  bands  of  buffalo  were  ranging,  the  brigade  would  form  in 
lines,  three  or  four  according  to  the  size  of  the  party,  to  make  a  move  for  the 
nearest  buff'alo.  Then  they  would  strike  out  for  the  plains,  sometimes  for  the 
Cheyenne,  Devils  Lake,  Mouse  River,  Jim  River  or  Turtle  Mountain.  As  soon 
as  they  found  buff'alo  they  would  follow  them  up  for  days,  whichever  way  they 
ran. 

When  the  hunters  see  the  herd  they  trot  along  slowly  until  they  get  within 
a  half  a  mile  of  the  animals.     Some  are  standing,  some  lying  down,  ahd  a  few 


500  HISTORY  OF  NORTH  DAKOTA 

feeding,  and  as  they  begin  to  rise  tlie  hunters  go  a  little  faster,  but  not  to  pass 
the  captain  who  is  supposed  to  have  the  poorest  horse  in  the  brigade,  the  captains 
being  all  old  men.  The  buffalo  are  some  one  hundred  and  fifty  or  two  hundred 
yards  in  advance.  The  hunters  are  abreast,  three  or  four  feet  apart,  and  when 
the  captains  say  "Ho !  Ho !"  all  are  off  like  a  flash.  The  guns  are  all  loaded,  each 
hunter  has  three  or  four  bullets  in  his  mouth,  and  bullet  pouch  and  powder  horn 
at  his  side.  The  guns  were  the  old  Hudson's  Bay  Company's  Nor- West-trading 
made  especially  for  the  trade,  long  stock  and  flintlock,  priming  themselves,  and 
carrying  a  ball  equal  to  a  rifle  and  with  force  enough  to  pass  through  a  buffalo 
bull.  In  loading  the  gun  after  the  first  shot  the  powderhorn  with  a  large  opening, 
was  given  three  shakes  in  the  closed  left  hand  for  the  right  charge  of  powder; 
the  gun  in  the  right  hand;  a  ball  was  taken  from  the  mouth  and  the  powder 
poured  into  the  gun,  which  was  shaken  sufficiently  to  send  all  to  the  breach  and 
putting  the  priming  in  the  pan.  The  ball  was  then  dropped  into  the  muzzle  of 
the  gun  whence  it  rolled  down  and  rested  on  the  powder,  using  no  wad.  Then 
they  were  ready  for  another  shot,  and  so  on  to  the  end  of  the  chase. 

In  the  meantime  the  buffalo  were  breaking  prairie  and  raising  dust  enough 
to  create  a  cyclone.  In  the  race  each  will  average  killing  from  eight  to  ten  ani- 
mals, and  some  of  the  best  shooters  as  high  as  twenty.  In  shooting  to  make  dead 
sure,  aim  about  half  way  up  the  ribs  behind  the  left  shoulder  into  the  heart,  the 
runner  being  from  five  to  ten  feet  from  the  animal.  Sometimes  they  have  to 
shoot  from  either  side  of  the  victim,  but  always  behind  the  shoulder.  So  on  to 
the  end  of  the  race  from  the  time  they  get  into  the  herd,  say  one  mile  or  a  mile 
and  a  half.  The  women  follow  right  up  with  the  carts  to  load  the  meat  and  take 
back  to  camp.  The  race  ended  the  hunters  return  to  the  beginning  of  the  chase, 
each  man  taking  his  own  row.  Each  gun  charge  has  the  mark  of  the  runner, 
one  buck  shot,  or  whatever  his  mark  may  be ;  others  two  buck  shot,  some  with 
shot  of  different  sizes,  and  others  slugs,  so  there  is  very  seldom  a  dispute  as  to 
the  killing  of  the  animal. 

Some  of  the  hunters  with  poor  horses,  not  fast  enough  to  run  in  the  chase, 
when  they  find  runners  with  more  cows  than  they  want  or  can  take  care  of,  buy 
an  animal  for  five  shillings  and  in  that  way  all,  in  starting  for  home,  when  the 
hunt  has  been  good,  return  loaded.  The  men  then  skin  and  cut  up  the  animals, 
leaving  mostly  bones  for  the  wolves  to  fight  over.  The  meat  is  then  loaded  into 
the  carts  and  drawn  home  by  the  women,  boys  and  girls. 

For  eighteen  days  we  were  in  sight  of  buffalo  and  chased,  as  we  required  the 
meat  for  making  pemmican,  and  dried  meat  enough  to  fill  the  carts  for  our  return 
home. 

In  all  we  were  among  the  buffalo  for  six  or  eight  weeks.  Full  loaded  we 
turned  faces  homeward,  rejoicing  and  thankful  that  no  serious  mishaps  had 
befallen  us. 

Arriving,  each  one  takes  the  meat  from  the  carts  and  piles  it  in  a  good  place. 
The  women  then  cut  it  into  thin  slabs  about  a  quarter  of  an  inch  thick,  two  feet 
wide  and  four  feet  long.  They  then  make  a  long  rack  with  poles.  After  this 
stakes  are  driven  in  the  ground  and  the  poles  are  tied  on  with  cords  cut  from  the 
parchment  skin  of  dry  buffalo  hide.  The  slabs  of  meat  are  put  on  these  poles 
commencing  on  the  lower  and  so  on  to  the  top.     In  this  way  it  is  dried  in  the 


HISTORY  OF  NORTH  DAKOTA  501 

sun,  and  in  good  favorable  weather  will  dry  in  a  day  and  a  half.  It  is  then  put 
in  bales  two  and  a  half  feet  long,  eighteen  inches  wide  and  eighteen  high.  Then 
tied  with  buffalo  cord  in  a  solid  pack  and  it  is  ready  for  the  carts  to  be  taken  to 
a  chosen  place  where  water  and  wood  is  convenient  as  well  as  grazing  for  the 
horses  and  cattle. 

The  long,  thin,  dry  strips  are  then  taken  and  placed  on  the  flesh  side  of  a 
buffalo  hide,  or  the  cart  cover,  and  beaten  into  a  mass  of  shreds  with  flails.  Then 
it  is  thrown  into  large  kettles  of  hot  tallow  and  when  thoroughly  mixed  is  poured 
hot  into  sacks  prepared  for  it,  made  from  buffalo  hide  and  sewn  up  with  sinews 
which  hold  from  fifty  to  a  hundred  and  fifty  pounds  each.  These  sacks  were 
permitted  to  keep  the  fur  on  but  as  a  rule  the  less  valuable  hides  are  used  to  make 
them.  After  the  pemmican  is  cooled  it  becomes  so  hard  that  it  often  requires  a 
heavy  blow  to  break  it.  It  will  keep  many  years  if  properly  taken  care  of,  and 
contains  a  vast  amount  of  nutriment  to  the  pound.  It  is  eaten  in  this  form,  or 
can  be  cooked  with  vegetables,  or  in  other  ways.  Tongues  were  made  into  berry 
pemmican.  They  were  treated  with  marrow  fat,  berries  and  maple  sugar  and 
thus  made  a  very  palatable  dish.  Tenderloin  whipped  into  shreds  and  served 
with  marrow  fat  was  a  feast  for  the  epicure.  The  buffalo  tongues  were  dried 
sliced  or  whole,  and  often  buffalo  were  killed  for  the  tongues  alone. — Charles 
Cavileer,  in  The  Record,  April,  1896. 

HALF-BREED  WEDDINGS 

Entering  the  church,  the  bride  and  groom  with  their  best  fellows  march  up 
to  the  altar.  The  priest  joins  them  together,  pronounces  them  man  and  wife  and 
gives  them  a  benediction.  Then  everybody  comes  to  the  front  to  kiss  the  bride, 
and  to  refuse  would  be  considered  a  gross  insult  and  probably  cause  a  scrap  with 
the  groom  at  some  future  time.  After  the  ceremony  they  go  en  masse  to  the 
bride's  home  where  a  bounteous  repast  is  spread,  consisting  of  pemmican,  raw 
and  hashed  with  onions,  dried  meat  in  slabs  and  hashed  with  onions  or  garlic, 
fresh  fish  from  the  Pembina  River,  game  from  the  prairies  and  woods,  "gallette" 
as  flour  is  scarce,  potatoes  and  vegetables,  with  a  dessert  of  pies,  puddings  and 
wild  berries,  topped  off  with  the  always  present  wedding  cake  which  is  always 
a  stunner.  Sometimes  when  the  bride  is  sitting  in  a  chair  with  one  foot  crossed 
over  the  other,  in  deep  thought,  probably  dreaming  of  the  happy  future,  some  rude 
scamp  quietly  slips  off  one  of  her  slippers,  leaving  her  to  stump  around  with  one 
shoeless  foot.  The  moccasin  is  then  put  up  at  auction  to  the  highest  bidder,  the 
groom  buying  it  at  two  pound  sterling,  which  he  had  to  pay,  the  money  being  spent 
for  the  good  of  the  company. 

At  the  table  none  but  the  men  or  braves  sit  down,  while  the  women  sit  on  the 
floor  in  the  comers,  and  when  the  onslaught  commenced  it  was  a  thing  of  joy 
and  beauty  to  behold,  but  when  finished  the  scraps  are  few  and  lean.  They  eat, 
fiddle  and  dance,  and  dance,  fiddle  and  eat  at  the  bride's  home  as  long  as  the  eat- 
ables last,  when  they  depart  for  the  groom's  home  where  the  same  performance 
is  gone  through,  then  the  old  style,  until  another  wedding  or  something  else 
turns  up  to  change  the  scene  or  program. — Charles  Cavileer. 

The  halfbreed  Indians  who  were  the  first  occupants  of  the  country  had  ranged 
over  the  country  from  the  days  of  the  old  Hudson's  Bay  voyageurs,  sometimes  on 


502  HISTORY  OF  NORTH  DAKOTA 

one  side  of  the  line  and  sometimes  on  the  other.  Now  they  were  on  the  Pembina 
Hills,  again  on  the  headwaters  of  the  James,  and  then  here  or  perhaps  on  the 
woody  mountains  on  the  British  side.  The  prairies  and  hills  were  their  home, 
hunting  and  fishing  their  occupation,  and  for  a  time  it  was  very  doubtful  as  to 
whether  Canada  or  the  United  States  was  their  country;  but  after  the  half  breed 
troubles  in  Canada  they  settled  down  in  the  Turtle  Mountains  to  the  number  of 
about  three  thousand,  of  whom  the  greater  number  have  been  recognized  as 
American  Indians.  Some  of  those  Canadian  born  have  become  naturalized  and 
are  good  citizens  and  good  farmers. 

JARED    W.    DANIELS 

Jared  W.  Daniels  was  appointed  agent  of  all  of  the  treaty  Sioux  in  1868  and 
went  to  Fort  Totten  and  established  the  Indian  agency  there  in  the  spring  of 
1869.  General  Whistler,  a  veteran  of  the  Mexican  war,  was  then  in  command 
of  the  fort  which  had  been  built  there  in  1867.  In  the  spring  of  1869  Doctor 
Daniels  also  established  the  Sisseton  Agency  at  the  Sisseton  Reservation.  Find- 
ing Devils  Lake  required  additional  care,  he  recommended  the  appointment  of 
a  special  agent  there,  and  Doctor  Forbes  of  St.  Paul  was  appointed,  but  Doctor 
Daniels  remained  as  the  agent  at  Fort  Wadsworth  on  the  Coteaux  till  1872. 
Fort  Ransom,  at  the  bend  of  the  Sheyenne,  was  occupied  by  troops  under  Colonel 
Hall.  Guards  were  sent  with  all  supplies,  but  the  doctor  traveled  everywhere 
with  an  ambulance  and  a  couple  of  Indian  guides. 

Rolette's  cart  line — pembina  and  st.  paul 

Hon.  Charles  E.  Flandrau,  writing  of  Joseph  Rolette,  gives  facts  of  historic 
interest  in  relation  to  Rolette  and  the  creation  of  the  cart  line  from  Pembina  to 
St.  Paul,  which  sometimes  embraced  as  many  as  six  hundred  carts : 

"In  his  boyhood,  young  Joe  Rolette  was  sent  to  New  York  City  to  be  edu- 
cated under  the  supervision  of  Ramsey  Crooks,  at  that  time  president  of  the 
American  Fur  Company.  Judge  Flandrati  relates  that  when  the  pioneer  boy 
first  appeared  on  the  streets  of  the  metropolis  he  was  dressed  in  a  full  suit  of 
buckskin  and  carried  a  rifle  on  his  shoulder.  Tradition  has  it  that  he  was  a  sort 
of  a  madcap  young  fellow,  fonder  of  adventure  than  of  books  and  study,  though 
in  one  of  his  letters  among  the  Sibley  papers  Mr.  Crooks  speaks  of  him  as  'getting 
on  very  well'  and  'giving  promise  of  becoming  a  useful  man.'  When  he  left 
New  York  for  his  home  on  the  frontier  he  had  a  good  education  and  some  accom- 
plishments, in  addition  to  his  natural  bright,  buoyant  spirits,  enthusiasm  and  quick 
wit. 

"On  his  return  from  New  York  young  Rolette  entered  the  service  of  his 
father  in  the  fur  trade.  About  1840  he  was  sent  up  into  the  Red  River  country 
and  located  at  a  post  on  the  present  site  of  Pembina.  He  was  then  under  the 
direction  of  General  Sibley,  who  was  in  general  charge  of  the  fur  company's 
business  in  this  region,  and  whose  headquarters  were  at  Mendota  or  St.  Peter's. 
as  it  was  then  called.  In  1843,  i"  connection  with  his  mother's  brother,  a  Mr. 
Fisher,  he  started  a  line  of  carts  between  Pembina  and  St.  Paul.  About  this  time 
General  Sibley  sent  Norman  W.  Kittson  to  take  charge  of  the  fur  trade  in  the 


<; 

K 
ft 
> 


HISTORY  OF  NORTH  DAKOTA  503 

Red  River  country,  and  Rolette  became  Kittson's  lieutenant.  Kittson  indorsed 
Joe's  project  for  a  cart  line  between  Pembina  and  St.  Peter's  and  added  another 
line.     In  1844  six  carts  came  down  during  the  year. 

"In  1858  this  number  had  increased  to  600,  and  in  the  meantime  a  very 
important  part  of  the  fur  traffic  had  been  diverted  from  the  routes  of  the  Plud- 
son's  Bay  Company  to  St.  Paul.  It  is  not  too  much  to  say  that  it  was  this  species 
of  commerce  that  made  St.  Paul  a  city.  In  the  conduct  of  his  business  Joe  was  not 
very  careful  or  methodical,  but  always  meant  to  be  faithful  to  the  interests  of  his 
company.  He  was  always  alert  in  protecting  its  rights.  The  American  traders 
at  the  Red  River  posts  suffered  great  losses  from  time  to  time  from  the  aggres- 
sion of  the  Hudson's  Bay  Company's  men.  The  latter,  no  doubt  encouraged  by 
their  superiors,  frequently  passed  over  the  boundary  between  Canada  and  the 
United  States  and  engaged  in  unrestricted  traffic  with  the  Indians  on  American 
soil,  furnishing  the  savages  with  unlimited  quantities  of  whisky,  which  the 
American  traders  were  forbidden  under  severe  penalties  to  sell.  In  vain  did 
Kittson  protest  and  remonstrate  and  ask  for  protection  and  redress.  General 
Sibley  could  not  help  him  and  the  Government  would  not.  At  last,  in  1847,  some 
Canadian  traders  came  down  near  Pembina  and  set  up  a  post  two  miles  from 
Joe  Rolette's  so-called  factory  and  sent  out  runners  to  the  Indians  that  they 
wanted  their  furs  and  that  they  had  plenty  of  money  and  whisky  galore.  Before 
they  had  fairly  begun  operations  Rolette  took  a  dozen  or  so  of  his  plucky  retain- 
ers, half-breed  Indians  for  the  most  part,  marched  against  the  intruding  Brit- 
ishers, tumbled  their  goods  out  of  their  houses,  burned  their  houses  to  the  ground 
and  drove  the  traders  and  their  retainers  in  dismay  back  into  Canada.  It  is 
needless  to  say  that  this  put  a  check  on  the  trespassing  for  a  considerable  time, 
and  there  were  no  internal  arbitrations  or  deliberations,  or  any  sort  of  complica- 
tions over  the  matter,  either.  Writing  of  this  incident  to  Sibley,  Kittson  said :  T 
fully  approve  of  Joseph's  conduct,  though  I  do  not  know  what  the  result  may  be. 
But  if  the  H.  B.  Company  returns  again  they  will  be  taught  a  severe  lesson,  and 
one  they  will  not  soon  forget.'  " 

Rolette  died  at  Pembina,  May  16,  1871. 

AN    OLD    TIME    TH.-VDING    EXCURSION 

In  gathering  the  data  for  "North  Dakota  History,"  this  writer  met  at  Bottineau 
S.  B.  Flowers,  who  accompanied  Captain  Shelton's  trading  expedition  through 
North  Dakota  in  1843.  They  left  St.  Louis  in  March.  The  party  consisted  of 
Captain  Shelton,  with  a  corps  of  doctors  and  surveyors  and  other  assistants, 
and  an  armed  guard  of  fifty  men  accompanying  a  pack  train  of  175  mules  loaded 
with  beads  and  trinkets  and  merchandise  of  various  kinds,  especially  those  articles 
looked  upon  with  favor  among  the  Indians,  including  a  liberal  supply  of  whisky 
and  blankets. 

Captain  Shelton  would  display  his  wares  on  the  bright  colored  blankets  and 
found  no  trouble  in  obtaining  $100  worth  of  furs  for  a  cup  of  glass  beads.  The 
Indians  were  rich  in  the  supplies  the  chase  afforded.  One  could  go  to  any  high 
point,  says  Captain  Flowers,  and  range  a  glass  over  the  prairies  in  different 
directions  and  thousands  of  buffalo  would  be  brought  to  view.  The  Indians 
made  no  complaint  in  those  days  about  unfulfilled  treaties,  no  claim  that  they 


504  HISTORY  OF  NORTH  DAKOTA 

were  starving,  but  instead  they  were  proud  and  independent,  well  armed  and 
contented. 

Captain  Shelton's  party  met  the  Indians  in  their  villages  and  travelled  from 
place  to  place,  gathering  up  their  furs,  packing  them  to  the  mouth  of  the  Yellow- 
stone where  a  French  trader,  named  Sarpee,  was  located  and  was  running  a  line 
of  boats  down  the  Missouri  to  St.  Louis.  The  boats  were  made  of  skins,  made 
waterproof  by  treatment  in  oil,  stretched  over  a  skeleton  boat  about  eight  feet 
wide  and  fifty  feet  long.  Two  of  these  lashed  together  would  carry  nearly  one 
htindred  tons  and,  to  use  the  language  of  Captain  Flowers,  would  skim  over  the 
waters  like  a  bird.  The  current  in  the  oNIissouri  River  is  seven  miles  an  hour  and 
St.  Louis  could  be  reached  in  sixty  days  from  the  time  of  leaving.  The  Sarpees, 
one  brother  at  Council  Bluffs  and  the  one  at  what  afterwards  became  Fort 
Buford,  became  enormously  wealthy,  worth  a  million  or  more,  from  trading 
with  the  Indians. 

Shelton's  party  left  St.  Louis  in  March,  came  up  the  Missouri  visiting  out- 
lying trading  points,  to  the  mouth  of  the  Yellowstone,  up  that  stream  to  what  is 
now  Billings,  over  to  Brown  Hole,  Limkin  River  and  Sweetwater,  and  then 
south  and  east,  reaching  Omaha  in  the  autumn  from  the  Platte  with  his  pack 
animals,  loaded  with  the  fruits  of  the  expedition. 

In  all  of  North  Dakota,  excepting  Chas.  Cavaleer  at  Pembina,  Fred  Girard 
over  on  the  Missouri,  and  Sarpee  at  the  mouth  of  the  Yellowstone,  there  were 
no  white  inhabitants,  excepting  a  few  of  the  old  voyageurs  intermarried  with 
the  Indians,  from  whom  came  the  tribe  of  half-bloods  heretofore  mentioned. 

THE    BATTLE    OF    BIG    MEADOW 

In  March,  1876,  Oscar  Ward  led  a  party  from  Bismarck  to  the  Black  Hills 
consisting  of  Andrew  Collins,  Joe  Alitchell,  Hite  Stoyell,  and  eight  others.  They 
were  joined  on  the  Little  Heart  by  William  Budge,  D.  M.  Holmes,  J.  S.  Eschel- 
man,  Thomas  C.  Hall,  A.  F.  McKinley,  G.  H.  McFadden,  James  Williams,  Peter 
Grenden,  William  Myric,  James  Jenks,  and  fifty-three  others.  The  party  were 
scattered  along  the  trail  covering  a  distance  of  about  four  miles.  Camping  at 
Big  Meadow  the  Indians  stampeded  twenty-seven  head  of  stock  and  a  party  of 
fourteen  went  out  to  search  for  them.  Thomas  Gushing  was  in  charge  of  this. 
Oscar  Ward  gave  this  writer  the  following  account  of  the  battle  on  his  return 
from  the  Black  Hills : 

"We  saw  three  Indians ;  one  disappeared.  Smith  continued  on  the  trail  of 
the  cattle,  and  the  Indians  fired  on  him,  Smith  returning  the  fire.  George  and  I 
came  up  and  advanced  toward  the  Indians,  skulking  around  the  hills.  We 
finally  raised  up  quickly  in  order  to  draw  their  fire.  Both  fired,  and  then  we 
raised  up  and  gave  it  to  them.  One  Indian  rode  away,  and  the  pony  of  the  other 
followed.  Smith  said  we  had  downed  one  of  them.  Others  of  our  party  had 
come  up,  and  we  followed  up  and  retook  the  cattle.  There  were  many  Indians 
off  on  the  hills.  We  formed  a  guard  around  the  cattle  and  the  Indians  began  to 
circle  around  us.  We  drove  the  cattle  from  one  hill  to  another,  fighting  all  the 
way.  We  saw  thirty-five  Indians,  and  there  were  but  fourteen  of  us.  Scat- 
tered as  we  were,  the  Indians  were  too  much  for  us. 

"James  Jenks   and   I    were  together.      Billy   Budge   was   in   the   party.     Alt 


HISTORY  OF  NORTH  DAKOTA  505 

started,  but  we  succeeded  in  stopping  them,  and  we  all  made  for  the  top  of  a 
high  ridge.  Smith  and  Jim  Williams  were  ahead  and  got  over  the  ridge  about 
two  hundred  yards,  when  the  Indians  shot  both  Williams  and  his  horse.  His  thigh 
was  broken  by  an  arrow.  The  Indians  closed  in  on  all  sides,  and  we  fought  it 
out  right  there.  Jenks  shot  one  Indian  as  they  attempted  to  cut  off  Collins, 
whose  horse  was  shot,  and  who  was  also  shot  through  the  knee.  It  was  wonder- 
ful what  a  jump  that  Indian  made  when  the  ball  hit  him.  He  went  off  hopping 
on  one  leg,  making  fearful  leaps.  Brother  George  was  shot  through  the  shoulder 
and  his  pony  killed.  He  and  Budge  stood  together.  Another  shot  struck  my 
brother,  and  Budge  called  to  me  that  he  was  killed. 

"George  was  the  only  one  killed,  Williams  and  Collins  were  the  only  ones 
seriously  wounded.  We  lost  seven  horses  on  the  hill  and  made  breastworks  of 
them  when  they  fell.  There  were  but  two  of  the  fourteen  which  were  not 
injured. 

"We  saw  one  Indian  strapped  to  his  horse.  Two  were  holding  another 
on  his  horse.  Another  could  not  carry  his  gun  and  had  one  helping  to  hold  him 
on  his  horse  and  another  we  knew  Budge  killed.  Budge  shot  the  chief.  They 
seemed  to  get  tired  and  went  away.  Williams  fought  like  a  tiger  after  he  was 
down.  We  carried  him  and  the  body  of  my  brother  to  camp,  fourteen  miles 
away,  and  buried  him  at  Big  Meadow. 

"As  we  were  about  to  start  Tom  Gushing  said  he  would  bet  a  horse  that  the 
Indians  would  be  on  the  knoll  where  we  were  fighting  before  we  got  three  hun- 
dred yards  away.  We  were  not  two  hundred  yards  away  before  there  were  two 
Indians  on  the  knoll. 

"Budge's  horse  played  out  on  the  way  to  the  knoll.  He  had  a  narrow  escape 
but  he  was  a  good  shot  and  downed  his  Indian.  Joe  Mitchell  and  Smith  rode 
around  to  our  Indian,  the  one  we  had  shot  in  the  beginning  of  the  fight.  They 
found  him  badly  wounded  and  finished  him. 

"We  recovered  seven  or  eight  of  the  cattle  but  the  Indians  got  away  with  the 
most  of  them.  We  saw  Indian  signs  near  the  hills  but  we  got  through  without 
much  further  trouble.  We  had  a  fight  coming  back  in  the  fall  and  found  one 
man,  who,  with  a  companion  had  formed  a  barricade  of  their  goods  and  were 
fighting  from  under  their  wagon.  One  was  killed  and  the  other  wounded,  and 
yet  they  had  stood  off  the  Indians.  We  could  not  tell  how  many  there  were  and 
yet  their  axle  was  shot  all  to  pieces  from  the  many  shots  that  struck  it. 

"I  never  knew  better  fighters  than  Budge,  Jenks  and  Collins.  After  this  bat- 
tle the  boys  were  willing  enough  to  stand  their  trick  at  guard  duty." 

DON    STEVENSON,   FREIGHTER 

Don  Stevenson,  in  a  letter  to  Colonel  Lounsberry  in  1897,  said: 
"I  was  the  contractor  at  Fort  Rice  until  that  was  abandoned  in  1877,  when 
Fort  Yates  was  built.  I  was  the  contractor  at  Fort  Wadsworth  in  1868,  then 
known  as  Kettle  Lakes.  Wadsworth  was  built  in  1864,  with  material  hauled  from 
Fort  Ridgeley.  It  was  located  in  the  coteaus,  twenty-two  miles  west  of  Big  Stone 
Lake.  I  was  contractor  at  Fort  Abercrombie  in  connection  with  Judge  McCauley. 
I  freighted  from  St.  Cloud  to  Fort  Totten  in  1866,  and  from  Fort  Stevenson  to 


506  HISTORY  OF  NORTH  DAKOTA 

Fort  Totten,  the  supplies  having  been  brought  up  the  Missouri  to  that  point  by 
steamer. 

"In  1876  I  engaged  in  freighting  to  the  Black  Hills,  running  twenty  teams, 
and  established  a  supply  store  at  Crook  City,  the  first  town  in  the  Black  Hills. 
That  year  I  brought  to  Bismarck  several  hundred  pounds  of  gold  ore,  which  I 
delivered  to  Colonel  Lounsberry,  who  sent  it  to  the  Smithsonion  Institution  at 
Washington.  This  and  some  rock  brought  to  him  by  Capt.  John  W.  Smith  fur- 
nished the  first  conclusive  evidence  to  the  Government  of  the  existence  of  gold 
in  the  Black  Hills. 

"I  arrived  at  Big  Meadow  with  my  train  from  Bismarck  just  after  the  Oscar 
Ward  party,  of  which  Billy  Budge  was  a  member,  had  their  great  battle  with  the 
Indians.  Theirs  was  the  first  train  from  Bismarck  to  the  Hills.  We  found  the 
remains  of  fourteen  of  their  horses  killed  by  Indians.  We  also  found  their 
abandoned  wagons  and  the  body  of  George  Ward,  killed  in  their  battle.  The 
Indians  had  dug  it  up  and  stripped  it  of  clothing.  Their  marks  were  still  fresh 
where  they  had  struck  it  with  their  "coo"  sticks.  They  had  made  a  breastwork 
of  their  dead  horses,  and  had  fought  with  desperation,  driving  ofl:  the  Indians. 
The  fight  was  going  against  them  until  Billy  Budge  shot  White  Fish,  their 
leading  chief,  when  the  Indians  left  and  the  party  went  on  to  the  Hills. 

"In  1877  I  went  to  Fort  Keogh,  where  I  had  a  hay  contract.  I  put  in  3,800 
tons  of  hay  at  $28  per  ton,  in  64  working  days.  I  went  across  the  plains  from 
Fort  Abraham  Lincoln,  making  the  first  freight  trail  from  the  Missouri  River  to 
Fort  Keogh.  I  had  95  wagons,  20  mowing  machines  and  10  horse  rakes.  There 
were  125  men  in  my  party.  I  put  in  2,200  tons  of  hay  the  same  year  at  Fort 
Custer,  and  5,000  cords  of  wood.  McLean  &  Macnider,  of  Bismarck,  were 
interested  with  me.  and  had  put  in  $70,000  before  they  got  a  cent  in  return.  The 
contracts  amounted  to  $104,000." 

CANADA    INVADED    AND    INDIAN    MURDERERS    CAPTURED 

W.  C.  Nash  came  from  St.  Paul  to  Grand  Forks  in  1863,  with  an  expedition 
to  capture  Little  Six  and  Medicine  Bottle,  who  were  leaders  in  the  1862  mas- 
sacre. They  camped  where  Major  Hamilton  now  lives  in  Grand  Forks.  They 
found  that  Little  Six  and  Medicine  Bottle  were  on  British  North  America  soil, 
and  as  this  was  the  time  when  our  Government  was  having  trouble  in  the  Mason 
and  Slidell  affair,  President  Lincoln  did  not  approve  of  doing  anything  to  make 
greater  complications  between  our  country  and  England.  The  troops  did  not 
cross  the  line,  but  often  individuals  did.  Nash's  party  sent  out  a  Frenchman  who 
brought  the  two  Indians  in.  They  were  finally  secured  and  bound  and  taken  to 
Fort  Pembina,  where  they  were  kept  until  spring,  when  they  w'ere  taken  to  Fort 
Snelling,  had  a  trial,  were  found  guilty  and  hung. 

The  Indians  were  captured  when  drunk  and  were  hurried  across  the  line 
strapped  to  dog  sledges.  They  awakened  from  their  dnmken  stupor  to  find 
themselves  in  the  log  jail  at  Pembina.  Frequent  attempts  were  made  to  kill  them 
by  the  apparently  "accidental"  discharge  of  firearms.  Several  times  bullets  passed 
through  the  clothing  of  Little  Six,  but  the  fates  saved  him  for  the  gallows. 
Some  of  the  crimes  of  which  he  was  guilty  were  the  most  atrocious  recorded  in 
the  annals  of  Indian  warfare. 


HISTORY  OF  NORTH  DAKOTA  507 

DANGERS  OF   COURIERS   IN   THE   INDIAN   COUNTRY 

June  27,  1877,  George  W.  Elder  and  James  Gunder  left  Fort  Abraham  Lin- 
coln bearing  dispatches  for  the  commanding  officer  at  Fort  Buford. 

They  left  Fort  Lincoln  about  8  o'clock  in  the  evening  and  were  to  ride  by 
day  or  night,  as  they  felt  disposed,  and  reached  Knife  River  on  the  30th,  about 
5  o'clock ;  and  after  resting  awhile,  concluded  to  cross  the  Bad  Lands  and  the  Little 
Missouri  before  daylight  the  next  morning.  They  had  gone  four  miles  when 
they  saw  eight  Indians  directly  in  front  of  them  and  about  three-quarters  of  a 
mile  ofT,  and  knowing  it  was  impossible  to  run  away,  reached  a  butte  some  five 
hundred  yards  away.  After  dismounting  and  picketing  their  ponies  on  the  side  of 
the  butte,  they  found  shelter  on  top  behind  some  rocks,  when  the  Indians  charged. 
They  fired  several  shots,  killing  one  pony  and  wounding  an  Indian.  At  this  the 
Indians  divided  and  rode  on  each  side  of  the  butte  until  they  were  within  six 
hundred  yards,  when  they  dismounted  and  opened  fire,  but  seeing  the  secure 
position  the  couriers  were  in,  the  Indians  fired  on  their  ponies,  killing  Gunder's 
and  wounding  Elder's.  The  Indians  kept  up  a  scattering  fire  till  dark,  when 
they  withdrew. 

Securing  their  rations  and  ammunition  from  their  ponies,  they  continued 
their  journey  on  foot,  occasionally  crawling  short  distances  to  escape  observation. 
Reaching  a  place  of  supposed  safety  they  waited  until  morning,  when  they 
observed  two  Indians  on  ponies  a  mile  away.  At  dark  they  started  again  and 
made  their  way  to  the  Missouri  River,  some  thirty  miles  distant,  where  they 
hailed  a  passing  steamer  and  were  landed  safely  at  Fort  Stevenson  and  returned 
by  stage  to  Bismarck  and  Fort  A.  Lincoln. 


CHAPTER  XXXIII 
PIONEER    SETTLERS   AND    SETTLEMENTS    IN    NORTH    DAKOTA 

GRAND    FORKS    COUNTY 

Aside  from  the  trading  posts  of  Henry  and  others,  Grand  Forks  had  its 
earhest  beginning,  so  far  as  the  records  are  concerned,  with  the  organization  of 
Pembina  County,  of  which  it  was  then  a  part,  in  1867,  though  for  five  years 
it  had  been  nominally  a  part  of  Chippewa  County,  which  was  never  organized, 
but  the  real  beginning  of  its  history  was  in  1871,  when  John  Fadden  was  granted 
a  ferry  charter  across  the  Red  River  at  that  point  at  $21  per  annum  for  a  period 
of  five  years.  July  3,  1871,  Grand  Forks  was  established  as  a  polling  place,  the 
precinct  commencing  at  the  mouth  of  Turtle  River,  thence  up  that  stream  fifteen 
miles  and  then  due  south  to  the  Goose  River,  thence  down  that  stream  to  its 
mouth  and  up  the  Red  River  to  the  place  of  beginning.  September  4,  the  place 
of  beginning  was  changed  to  the  mouth  of  Park  River  and  west  to  the  Pembina 
mountains.  Thomas  Walsh,  John  Fadden  and  S.  C.  Code  were  appointed  judges 
of  election,  and  the  first  election  was  held  at  the  house  of  John  Stuart,  at  the 
site  of  the  present  City  of  Grand  Forks. 

In  1873  Grand  Forks  County  was  established  by  act  of  the  Legislature,  and 
George  B.  Winship,  John  W.  Stuart  and  Ole  Thompson  were  appointed  by  the 
Legislature  to  organize  the  county.  Its  boundaries  as  then  organized  were  later 
changed,  a  part  going  to  Walsh  County  and  a  part  to  Nelson. 

In  1873  Frank  Veits,  who  had  been  in  business  two  years  at  Georgetown, 
took  charge  of  the  interests  of  the  Hudson's  Bay  Company  at  Grand  Forks, 
including  their  Northwestern  Hotel,  and  in  1875  purchased  their  interests  in 
store,  hotel  and  town  property.  In  1877  '''^  built  a  50-barrel-a-day  flouring  mill, 
an  improvement  of  greater  importance  to  North  Dakota  than  any  other  at  that 
time,  settlers  coming  from  points  as  far  as  one  hundred  miles  with  grist  to  be 
ground  at  this  mill..  He  built  the  Veits  House,  later  known  as  the  Richardson, 
and  later  he  and  associates  built  the  Dakota  House. 

Among  the  first  settlers  at  Grand  Forks,  in  1871,  were  Capt.  Alexander 
Griggs,  Michael  L.  McCormack  and  Thomas  Walsh,  the  latter  bringing  a  saw- 
mill. Nick  Huffman  kept  the  stage  station,  John  Fadden  the  ferry,  W.  Clark 
and  D.  F.  Reeves,  George  B.  Winship,  William  Budge.  These,  with  the  Hud- 
son's Bay  Company  store  and  hotel  were  about  all  of  Grand  Forks  in  1871. 

Reeves  built  several  boats  that  summer  at  Grand  Forks.  The  engine  from 
the  Walsh  sawmill  was  finally  sent  to  Winnipeg  and  used  on  the  Saskatchewan. 
Burbank,  Blakely  &  Carpenter  put  on  a  line  of  stages  from  Fort  Abercrombie  to 
Pembina  in  1871.    The  Hudson's  Bay  Company  had  maintained  a  post  at  George- 

508 


THE  FIRST  WHOLESALE  HOUSE  IN  NORTH  DAKOTA 
Conducted  by  Viets  &   Twamley.     Succeeded  by  Twamley   &   Grove   in  the  3'ear   1879. 
Mr.  Glove  died  some  years  ago  and  Mr.  Twamley  retired  from  business  but  continues  to 
reside  in  Grand  Forks. 


HISTORY  OF  NORTH  DAKOTA  509 

town  for  many  years  prior  to  1873,  when  they  moved  to  Grand  Forks.  They 
had  stations  also  at  Frog  Point  (now  Behnont),  Traill  County  and  Goose  River 
(now  Caledonia),  and  at  Red  Lake.  Their  post  at  Red  Lake  was  established 
in  1797  and  in  1801  a  post  was  established  and  for  several  years  maintained  at 
Grand  Forks. 

LARIMORE,   GRAND  FORKS   COUNTY 

Larimore  takes  its  name  from  N.  G.  Larimore,  principal  owner  and 
general  manager  of  the  Elk  Valley  Farm,  which  immediately  adjoins  the  city. 
The  farm  consists  of  15,000  acres,  of  which  10,000  are  under  cultivation.  In 
the  plowing  season  plows  start  on  this  farm  at  breakfast  and  without  stump, 
stone,  or  other  obstruction,  make  a  furrow  six  miles  in  length  and  in  returning 
make  another  of  the  same  length  before  dinner.  In  the  afternoon  they  repeat, 
men,  teams  and  plows  traveling  twenty-four  miles  daily.  The  teams  in  plowing, 
seeding  and  harvesting  go  in  gangs.  The  forty-three  harvesters,  cutting  600 
acres  daily,  form  an  impressive  scene. 

The  selections  of  land  for  this  farm  were  made  soon  after  the  surveys  in 
1878,  and  the  opening  of  the  land  to  settlement  in  1879.  Then  Larimore  was 
conceived  and  in  1881  the  site  was  laid  out.  The  railroad  reached  Larimore 
December  25,  1881.  The  city  was  laid  out  on  the  lands  of  the  Elk  Valley  Farm- 
ing Company,  and  Senator  W.  N.  Roach  became  the  agent  for  the  sale  of  lots. 

Senator  Roach  landed  at  Larimore  in  August,  1879.  and  opened  the  stage 
line  from  Grand  Forks  to  Devils  Lake,  carrying  the  first  mail,  being  the  con- 
tractor. 

The  railroad  was  completed  to  Larimore  Christmas  Day,  1881,  from  Grand 
Forks,  and  from  Casselton  to  Larimore  in  1883.  In  1884  it  was  extended  to 
Park  River. 

Beginning  with  1882,  Larimore  entered  upon  a  boom  period  lasting  about 
three  years.  In  1882  it  was  the  principal  trading  point  for  a  vast  extent  of 
country  and  it  prospered  beyond  comprehension,  almost.  The  lands  were  pro- 
ductive ;  prices  for  products  were  high  and  the  farming  lands  were  being  devel- 
oped, creating  a  demand  for  supplies  of  every  class,  and  its  population  soon 
exceeded  one  thousand.  The  wheat  receipts  from  the  crop  of  1882  were  300,000 
bushels. 

The  railroad  grading  commenced  west  of  Larimore  in  September,  1882,  and 
reached  Devils  Lake  that  fall,  and  the  track  laid  to  Bartlett  and  to  Devils  Lake 
the  next  summer.  The  country  about  Larimore  developed  rapidly  and  many 
other  farms  developed,  ranging  from  320  to  2,500  acres.  Here  land  could  only 
be  obtained  by  means  of  purchase  from  actual  settlers  or  by  the  use  of  the 
various  forms  of  land  scrip,  limiting  the  size  of  farms  in  comparison  with  Cass 
and  Traill  counties,  where  the  odd  sections  were  acquired  by  the  use  of  dis- 
credited railroad  bonds. 

Visited  by  the  World's  Fair  Foreign  Commissioners  in  1893,  this  farm 
attracted  world-wide  attention  and  immediately  gained  a  reputation  quite  equal 
to  the  Dalrymple  Farm  and  the  Grandin  farms  of  even  greater  acreage. 

Col.  D.  M.  Towner  located  the  land  for  this  farm  and  it  was  tlirough  his 
agency  the  title  was  acquired  for  the  Missouri  corporation  which  owned  it. 


510  HISTORY  OF  NORTH  DAKOTA 

Other  noted  farms  in  this  vicinity  were  the  New  York  Farm,  owned  by  Jane 
H.  Mathews,  the  Hersey  Farm,  by  D.  H.  Hersey,  and  the  Emery  Farm  at 
Emerado. 

CASS   COUNTY WHY  THE  LARGE   FARMS   WERE   ESTABLISHED 

Before  the  failure  of  the  Northern  Pacific  Railroad  Company  in  1873,  Cas- 
selton  was  selected  by  George  W.  Cass  and  Peter  B.  Cheney,  leading  spirits  in 
the  Northern  Pacific  enterprise  and  directory,  as  the  site  of  an  experimental 
farm,  with  a  view  to  proving  the  fertility  of  the  Northern  Pacific  lands. 

It  was  conceived  that  timber  could  be  planted  along  the  right  of  way  of  the 
Northern  Pacific  Railroad,  and  that  it  would  not  only  afford  protection  from 
snow,  answering  the  purpose  of  snow  fences,  but  it  would  furnish  timber  to 
replenish  the  ties  as  those  in  use  fell  into  decay.  It  was  thought  that  by  planting 
willow  and  cottonwood  in  the  first  instance,  settlers  could  be  supplied  from  the 
right  of  way,  or  from  the  nurseries,  which  it  was  intended  to  establish  every 
twenty  miles,  and  thus  encourage  the  general  planting  of  timber  which  would 
modify  the  climate,  break  up  the  winds,  and  tend  to  relieve  the  drouth  on  the 
plains.  Accordingly,  in  1872,  timber  was  planted  along  the  right  of  way  from 
Fargo  to  about  Jamestown.  Cuttings  were  procured  from  the  forests  along  the 
Red  River  and  were  plowed  under,  the  prairie  sod  simply  being  turned  upon 
them.  Most  of  the  cuttings  were  dead  before  planting,  but  had  they  been  in 
the  best  condition  not  one  in  a  million  could  have  grown,  for  the  ground  had  not 
been  properly  prepared  to  receive  them.  Eighty  thousand  dollars  was  spent  in 
this  experiment,  and  it  is  doubtful  if  a  single  tree  was  produced. 

In  the  spring  of  1873  Col.  John  H.  Stephens,  of  Minneapolis,  was  employed 
to  take  charge  of  the  tree  planting  on  the  Northern  Pacific  Railroad  and  he 
established  a  nursery  for  growing  forest  trees  at  Casselton,  placing  Mike  Smith 
of  Minneapolis  in  charge.     Mike  planted  trees  and  grew  vegetables. 

Smith's  house  was  a  Northern  Pacific  box  car  banked  with  sod  to  the  roof, 
making  comfortable  quarters  even  in  a  40  degrees  below  zero  temperature; 
it  was  furnished  with  bunks  and  his  table  supplied  with  "all  the  luxuries  the 
country  afl:'orded,"  prairie  chickens  and  ducks  in  their  season. 

Colonel  Stevens  was  succeeded  by  Leonard  B.  Hodges,  who  took  charge  of 
the  tree  planting  on  the  Northern  Pacific.  William  Creswell  in  1876  became 
agent  for  the  Northern  Pacific  Railroad  and  for  their  nursery,  and  postmaster  at 
Casselton. 

Colonel  Stevens  caused  a  large  number  of  tomato  plants  to  be  placed  on 
Colonel  Lounsberry's  homestead  at  Bismarck.  They  flourished  and  gave  great 
promise,  as  did  five  acres  of  beans,  but  a  few  million  grasshoppers  came  in  on  a 
gentle  breeze  and  in  half  an  hour  there  was  not  a  green  thing  left  on  the  ranch. 

The  selection  of  the  Dalrymple  farm  and  Dalrymple  to  take  charge  of  it 
was  an  incident  of  the  Northern  Pacific  failure  of  1873.  The  lands  were  selected 
by  J.  B.  Power  in  1874  and  improvements  commenced  the  next  year.  J.  B. 
Power  was  then  agent  for  the  land  commissioner  of  the  Northern  Pacific  Rail- 
road, William  A.  Howard  of  Michigan,  who  was  afterwards  governor  of  Dakota 
and  died  in  office. 

About  two  thousand  acres  had  been  put  under  cultivation  and  settlers  had 


z 


HISTORY  OF  NORTH  DAKOTA  511 

commenced  to  come  into  the  country,  when  in  1877  the  townsite  was  laid  out  at 
Casselton  and  William  Creswell,  the  company's  agent,  erected  the  first  dwelling. 

The  great  Dalrymple  farm  is  in  the  immediate  vicinity  of  Casselton,  a  part 
of  the  corporate  limits.  It  embraces  the  Cass,  Cheney  and  Alton  farms,  and  sev- 
eral farms  owned  by  Dalrymple.  About  fifteen  thousand  acres  in  all.  The  land 
was  selected  in  1874,  was  broken  in  part  in  1S75,  and  the  first  crop  in  1876,  the 
amount  under  cultivation  being  largely  increased  in  1877-8  and  succeeding  years. 

It  was  purchased  with  discredited  Northern  Pacific  Railroad  bonds,  some  of 
which  cost  Mr.  Cass  and  his  associates  par  value,  and  some  from  10  to  20  cents 
on  the  dollar.  The  farm  was  opened  as  an  experiment  and  for  advertising  pur- 
poses ;  it  became  a  bonanza  to  its  owners  and  led  to  an  era  of  big  farming  in 
North  Dakota. 

BARNES  COUNTY 

This  county  was  created  January  4,  1873.  Originally  the  county  was  called 
Burbank,  so  named  for  John  A.  Burbank,  governor  of  the  territory  from  1869 
to  1874,  but  by  an  act  of  the  Legislature,  July  14,  1874,  the  name  was  changed 
to  Barnes  in  honor  of  Alphonso  H.  Barnes,  who  was  an  associate  justice  of  the 
territory  at  that  time. 

The  first  survey  of  lands  in  Barnes  County  was  made  by  Charles  Scott  and 
Richard  D.  Chancy  in  1872.  Their  work  was  approved  by  the  surveyor  general 
in  January,  1873,  ^"^1  filed  in  the  land  office  at  Pembina  in  September,  1873. 
The  lands  were  made  subject  to  preemption  and  homesteading  May  ig,  1873. 

The  first  settlers  were  at  Valley  City  in  1872.  County  Commissioners  Christian 
Anderson,  Otto  Becker  and  A.  J.  Goodwin,  appointed  by  Governor  William  A. 
Howard,  organized  the  county,  August  5,  1878.  There  is  no  record  of  their 
doings.  The  new  board,  elected  in  1878  were.  Christian  Anderson,  F.  P.  Wright 
and  Chris  Paetow.  L.  D.  Marsh  qualified  as  register  of  deeds,  Joel  S.  Weiser 
as  county  treasurer,  D.  D.  McFadden  as  sheriff,  E.  W.  Wylie  as  assessor,  Joel 
S.  Weiser  as  justice  of  the  peace,  Otto  Becker  as  superintendent  of  schools, 
James  Le  Due  as  coroner,  B.  W.  Benson  as  judge  of  probate,  at  the  meeting  of 
the  board  of  county  commissioners,  January  6,  1879.  George  Worthington  and 
L.  D.  ]\Tarsh  were  the  promoters  of  county  organization  and  dealers  in  real 
estate.  Valley  City,  at  first  known  as  Wahpeton,  became  Worthington  and 
later  Valley  City.  Marsh  and  Worthington  contracted  with  the  railroad  com- 
pany that  all  of  the  railroad  lands  in  townships  139  and  140,  range  58,  should 
be  reserved  for  them  at  $3  per  acre,  payable  in  the  bonds  of  the  company,  then 
worth  about  nine  cents  on  the  dollar,  but  the  contract  carried  a  provision  for 
improvements  and  reserved  section  21,  in  town  140,  on  which  it  was  proposed 
to  build  a  town.  It  was  agreed,  however,  that  any  settler  on  this  reserved  land 
should  have  the  privilege  of  purchasing  a  town  lot  at  $5,  or  an  acre  outlot  for 
$5,  but  to  persons  other  than  settlers  on  the  Marsh- Worthington  contract  the 
price  of  lots  was  to  be  $10,  and  for  acre  property  $25.  Five-acre  lots  were  to 
be  sold  at  $75,  and  ten-acre  at  $100.  This  contract  was  for  the  year  1874,  but 
there  was  provision  for  its  extension. 

D.  D.  McFadden,  the  oldest  settler  in  Barnes  County,  filed  the  first  pre- 
emption entry  in  October,   1873,  but  had  previously  raised  a  crop,   150  bushels 


512  HISTORY  OF  NORTH  DAKOTA 

of  potatoes  on  six  acres,  also  some  wheat,  specimens  of  which  were  sent  to  the 
St.  Paul  fair  and  received  a  premium.  W.  N.  Gates  made  an  entry  on  public 
land  November  25,  1874,  on  section  24,  township  140,  range  58. 

Other  early  settlers,  with  the  year  of  their  arrival,  were:  F.  P.  Wright,  1874; 
Otto  Becker,  'jj;  Arne  Olson,  '-j"];  J.  S.  Weiser,  '"j-j;  James  Daly,  '76;  Christian 
Anderson,  '76;  Con.  Schweinler,  ^'j'j;  Herman  Starkey,  '78;  Andrew  Widen,  '78; 
P.  P.  Persons,  '78;  Wm.  Schultz,  '79;  Wm.  Kemcamp,  '79;  D.  N.  Green,  '79; 
N.  P.  Rasmussen,  '79;  Wylie  Nielson,  '79;  Hugh  McDonald,  '79;  John  Holmes, 
'80;  M.  E.  Mason,  '78;  Sim  Mason,  '79;  Louis  Humble,  '79;  A.  M.  Carlson,  '78; 
George  Larsman,  'tj\  A.  A.  Booth,  '79;  M.  O.  Walker,  'yj;  Aaron  and  Jacob 
Faust,  '80;  George  Stiles,  '79;  Thomas  Olson,  '78;  Jens  Jenson,  '78;  Robert 
Bailie,  '80;  Samuel  Fletcher,  '80;  M.  B.  Hanson,  '78;  John  Lawry,  '79;  Ben 
Smith,  '79;  Ed  Fox,  '80;  George  W.  Critchfield,  '78;  P.  O.  King,  '78;  O.  P. 
Hjelde,  '80;  J.  F.  Walker,  '80;  Andrew  Andeberg,  '79;  James  Rogers,  '78;  John 
Marsh,  '79;  Jacob  Baumetz,  '78;  C.  L.  Etzell,  '79;  H.  H.  Randolph,  '80;  George 
C.  Getchell,  '78;  John  Simons,  '79. 

EARLY  DAYS  AT  JAMESTOWN 

In  1872  there  was  a  post  established  at  Jamestown,  at  first  called  Fort  Cross, 
in  honor  of  Major  Edwards'  old  commander,  but  later  changed  to  Seward,  in 
honor  of  William  H.  Seward.  Camp  Thomas  was  the  immediate  predecessor 
of  Fort  Cross.  The  same  year  Fort  McKean  was  established  opposite  Bismarck, 
but  was  changed  in  name  to  Fort  Abraham  Lincoln.  Its  immediate  predecessor 
was  Camp  Greene.  At  the  same  time  Camp  Hancock  was  established  at  Bis- 
marck. 

Captain  Thomas  was  the  first  in  command  at  Jamestown,  but  the  command- 
ing officer  at  Fort  Seward  was  Captain  Bates,  son  of  Attorney  General  Bates, 
of  Lincoln's  cabinet.  Later,  Capt.  J.  H.  Patterson.  Capt.  Thomas  Hunt  was 
the  quartennaster.  In  December,  1873,  Colonel  Lounsberry  paid  $75  for  a  team 
to  take  him  from  Bismarck  to  Jamestown.  The  only  settler  between  Bismarck 
and  Jamestown  was  Oscar  Ward,  five  miles  east  of  Bismarck.  There  was  a  dug- 
out covered  with  railroad  ties  kept  by  the  section  foreman  about  where  Sterling 
is  and  a  discharged  soldier  had  a  dug-out  and  shanty  at  Crystal  Springs.  There 
were  a  few  persons  at  Jamestown.  Vincent  kept  the  section  house  at  Lake 
Eckelson,  Flood  kept  a  stopping  place  at  Valley  City,  Mike  Smith  at  Casselton, 
and  Mrs.  Bishop  ^t  Mapleton.  There  was  a  place  kept  by  Duffy,  also,  in  the 
vicinity  of  Tower  City. 

A.  W.  Kelly,  the  first  settler  at  Jamestown,  was  born  at  Calais,  Maine,  Decem- 
ber 17,  1832,  and  came  to  Fort  Abercrombie  in  July,  1861.  On  the  way  to  Aber- 
crombie,  for  which  point  he  left  St.  Paul  on  the  day  of  the  battle  of  first  Bull 
Run,  he  met  the  regular  troops  from  Abercrombie,  they  having  been  relieved  by 
a  portion  of  the  Third  Minnesota,  under  Captain  Inman.  He  was  later  at  George- 
town and  sawed  the  lumber  for  the  International,  built  by  J.  C.  Burbank  &  Co., 
to  run  between  Abercrombie  and  Winnipeg.  The  first  boat  was  the  Ans. 
Northrup,  which  was  built  at  St.  Anthony,  as  the  H.  M.  Rice,  sent  up  the  Missis- 
sippi to  near  Brainerd  and  hauled  overland  to  Georgetown.  It  was  pulled  over 
the  rapids  at  Sauk  Rapids  by  means  of  ropes,  this  in  1859.     In  1861  ]\Ir.  Bur- 


HISTORY  OF  NORTH  DAKOTA  513 

bank  bought  the  old  Freighter,  which  had  been  running  on  the  Minnesota  River, 
sent  it  up  to  Big  Stone  Lake  and  tried  to  get  it  over  into  the  Red  River  by  water, 
but  it  was  a  day  or  two  late  and  it  became  stranded.  The  machinery  was  taken 
out,  hauled  overland  to  Georgetown,  where  the  International  was  built,  as  stated, 
and  sold  to  the  Hudson's  Bay  Company.  The  next  boat  was  built  by  Hill,  Griggs 
&  Co.,  the  Selkirk,  in  1871. 

Mr.  Kelly  was  quartermaster's  clerk  at  Wadsworth  the  winter  of  1865-66 
and  was  the  contractor  at  Fort  Totten,  built  in  1867.  Having  a  lot  of  surplus 
beeves  when  the  Northern  Pacific  came  to  be  extended,  he  drove  130  head  down 
to  Jamestown,  where  he  located  on  May  9,  1872,  and  in  December  of  that  year 
became  postmaster,  which  position  he  held  until  Mr.  Cleveland  came  into  office 
in  1885,  when  he  resigned. 

After  Mr.  Kelly,  Robert  Macnider  was  the  next  to  locate  at  Jamestown, 
where  he  opened  a  stock  of  goods  in  a  tent.  Nathan  Myrick  was  next  with  a 
post  trader's  store,  also  in  tents.  F.  C.  Myrick  had  charge.  George  W.  Vennum 
and  Archibald  McKechnie  were  the  next  to  locate,  and  they  erected  a  large  tent 
for  hotel  purposes,  which  they  called  the  Cabinet.  Within  ten  days  several  others 
came,  among  them  Loring,  Black  &  Co.,  of  Minneapolis,  with  the  railroad  supply 
store.  Smith  &  Bussey  established  the  Jamestown  Hotel,  also  in  a  tent.  The 
Chapman  House  tent  was  also  erected.  John  Mason  established  a  wholesale 
liquor  tent,  with  James  Lees  in  charge.  John  Clayton  (Limpy  Jack),  Mike 
Norton,  Jacob  Fra,  Pat  Moran  and  Jack  White,  afterwards  famous  in  Bismarck, 
were  in  the  saloon  business,  all  in  tents.  Sullivan  ran  a  dance  house  and  H.  T. 
Elliott  a  blacksmith  shop.  A  little  later  Hubbard,  Raymond  &  Allen  established 
a  store.  John  Whalen  had  charge.  That  fall  they  sold  to  Belmont  Clark  and 
Ward  Bill  and  in  the  spring  Raymond  &  Allen  established  a  store  at  Bismarck, 
followed  by  Clark  &  Bill,  Robert  Macnider,  Jack  White,  John  Mason,  and  others. 

Kelly,  Lees,  Moran,  Clayton,  Fra,  Vennum,  H.  C.  Miller,  George  J.  Good- 
rich and  his  sons,  J.  W.  and  Talcott,  remained  at  Jamestown.  Then  Dennis  Kelli- 
her,  who  had  come  up  from  the  Union  Pacific  with  Colonel  Brownson,  agent  at 
Bismarck,  took  the  section  house  and  made  a  fortune  in  hotel  keeping  at  James- 
town, but  fortunes  must  be  carefully  guarded  in  order  to  abide  and  Dennis  died 
poor.  His  hotel  was  popular  and  diverted  much  of  the  trade  from  the  Dakota 
in  its  early  days. 

Later  Mr.  Kelly  put  in  a  store  and  Myrick  having  sold  his  establishment  to 
H.  C.  Miller,  Kelly  and  Miller  were  the  only  merchants  at  Jamestown  for  several 
years.  Anton  Klaus  was  the  first  to  break  in  on  them.  In  the  very  early  days 
L.  G.  Bouret  had  run  a  store  and  saloon  in  connection  with  his  beef  contract  for 
Seward.     He  gave  the  outfit,  building  and  all,  to  Joseph  Perre. 

Stutsman  County,  named  for  the  late  Hon.  Enos  Stutsman,  of  Pembina,  was 
created  January  4,  1873,  ^"d  organized  June  20th,  with  A.  W.  Kelly,  George  W. 
Vennum  and  H.  C.  Miller,  county  commissioners.  George  W.  Vennum  was 
appointed  register  of  deeds  and  county  clerk ;  Archibald  McKechnie,  sherifl^ ; 
Henry  T.  Elliott,  assessor;  A.  B.  Innis  and  George  J.  Goodrich,  justices  of  the 
peace ;  Chas.  D.  Thompson  and  Myrick  Moore,  constables ;  F.  C.  Myrick,  auditor, 
and  Patrick  Moran,  judge  of  probate  and  ex-officio  county  treasurer.  The  liquor 
license  was  fixed  at  $30  per  annum,  and  this  seems  to  have  been  the  only  source 
of  revenue  until  1879,  when  the  first  taxes  were  levied.    The  liquor  licenses  issued 

Vol.  1—3  3 


514  HISTORY  OF  NORTH  DAKOTA 

in  1873  were  to  Thompson  &  McKechnie,  Phillip  A.  Baigs,  Patrick  Moran,  L.  G. 
Bouret,  Mike  Norton,  James  Lees  and  Jacob  Fra.  Groff  resigned  and  S.  G. 
Comstock  was  retained  as  county  attorney,  though  living  in  Moorhead.  The 
Bismarck  Tribune  was  the  official  paper.  There  was  an  election  held  in  1872, 
but  there  was  no  record  kept  of  it.  The  election  of  1873  was  at  the  home  of 
H.  T.  Elliott,  and  A.  W.  Kelly,  Frank  C.  Myrick  and  Antoine  Pelisser  were  the 
judges  of  election. 

At  the  first  meeting  the  board  of  county  commissioners  voted  their  pay  to 
the  county.  The  total  expense  of  the  county  up  to  January  5,  1874,  was  $89.35, 
and  there  was  then  a  balance  in  the  treasury  of  $68.05.  Thomas  B.  Harris,  who 
was  the  first  station  agent,  was  county  auditor  later,  and  Hugh  McChesney,  who 
was  an  employe  at  Fort  Seward,  was  later  judge  of  probate. 

The  Jamestown  town  organization  was  made  by  the  county  commissioners  at 
their  session  of  June  20,  1873,  when  Duncan  R.  Kennedy,  Merritt  Wiseman  and 
T.  B.  Harris  were  appointed  supervisors  and  F.  C.  Myrick  clerk. 

There  seems  to  have  been  an  aching  void  in  the  matter  of  office-holding  in 
1875  and  1876.  The  records  do  not  show  any  meetings  of  the  board,  but  then 
there  were  no  taxes,  and  offices  without  taxes  are  not  popular.  In  1876  Kelliher 
was  elected  to  the  Legislature,  but  he  was  kicked  out  the  last  day  of  the  session 
in  order  to  give  his  contestant  mileage  and  per  diem.  H.  C.  Miller  was  then 
sheriff,  Ed  Lohnes,  who  carried  the  mail  to  Fort  Totten,  and  J.  W.  Goodrich, 
were  his  deputies. 

In  1878  the  first  provision  of  record  was  made  for  a  county  building  and  for 
proper  record  books.  Up  to  that  time  the  records  are  on  foolscap,  bound  with 
brown  paper.  The  old  courthouse  was  erected  in  1879  by  Peter  Aubertin  of 
Fargo,  at  a  cost  of  $2,194.  The  new  courthouse  was  built  in  1883  at  a  cost  of 
$35,000.    It  is  modeled  after  the  courthouse  of  Jefferson  County,  Wis. 

The  real  life  of  Jamestown  commenced  in  1878,  when  Edward  Koffer 
resurveyed  the  townsite  for  the  railroad  company  and  Anton  Klaus  located  and 
purchased  his  interests.  The  courthouse  and  all  of  the  churches,  excepting  the 
Episcopal,  are  on  the  Klaus  tract.  He  built  the  Dakota,  later  the  Gladstone,  and 
is  entitled  to  be  designated  the  father  of  Jamestown. 

THE  FIRST  SETTLER  AT  WAHPETON 

Morgan  T.  Rich,  for  whom  Richland  County  was  named,  made  the  first  settle- 
ment at  Wahpeton  July  22,  1869.  ]\Ir.  Rich  visited  the  Red  River  Valley  in  1864, 
when  he  crossed  over  the  plains  from  Fort  Ridgeley,  Minn.,  to  Helena,  Mont.,  as 
one  of  a  party  having  122  wagons  going  to  the  mines.  They  were  escorted  to 
the  Missouri  River  by  Minnesota  troops,  and  from  Fort  Rice,  on  the  Missouri 
River,  to  Glendive,  Mont.,  by  General  Sully,  whose  command  numbered  about 
four  thousand  cavalry  and  mounted  infantry,  and  he  had  a  train  of  two  hundred 
or  more  wagons  of  his  own.    Anson  Northrup  was  his  wagon  master. 

Arriving  at  Glendive,  Rich's  party  crossed  the  Yellowstone,  intending  to  go 
over  the  mountains  directly  from  that  point,  but  were  turned  back  by  Indian 
alarms,  and  went  down  the  Yellowstone  to  old  Fort  Union,  and  from  thence 
without  escort  on  to  Helena,  on  the  north  side  of  the  Missouri,  via  Forts  Peck 
and  Benton,  and  Great  Falls. 


HISTORY  OF  NORTH  DAKOTA  515 

Captain  Rich  remained  in  Alontana  till  1868,  when  he  returned  to  his  old 
home  at  Red  Wing,  and  in  1869  came  to  the  Red  River  Valley  and  located  at 
Wahpeton,  as  stated.  The  St.  Paul  &  Pacific  Railroad  had  then  been  extended 
as  far  west  as  Smith  Lake,  in  Wright  County,  Minn.,  and  was  pushing  on  toward 
the  Red  River. 

Rich  remained  alone  at  Wahpeton  until  May,  1871,  entertaining  an  occasional 
immigrant  en  route  down  the  valley.  His  garden  was  known  as  a  model,  and 
Mr.  Rich  as  a  successful  farmer  in  a  small  way.  He  secured  a  ferry  charter 
from  the  commissioners  of  Pembina  County,  and  by  the  time  immigration  com- 
menced in  187 1  was  ready  to  transfer  the  wanderers  across  the  Bois  des  Sioux, 
near  its  confluence  with  the  Ottertail.  These  streams  united  form  the  Red  River. 
Mr.  Rich  operated  the  ferry  until  1876,  when  a  bridge  was  built  by  subscription. 

In  i\Iay,  1871,  Mr.  Rich  was  joined  by  Alvah  Chezik,  Matt  Lawrence  and 
Simon  Woodsum,  young  men  without  families.  In  July,  a  party  of  forty  or  more 
settlers,  en  route  from  Yankton  to  the  Goose  River  country,  camped  at  Richville, 
as  the  place  of  the  ferry  was  then  called.  Two  of  these,  viz. :  William  Root  and 
WilHam  Cooper,  returned  in  a  day  or  two,  Root  having  purchased  at  McCauley- 
ville  a  claim  adjoining  that  of  Rich,  on  which  Mr.  Trott  had  made  improvements. 
Rich's  claim  became  the  original  plat  of  Wahpeton  and  Root's  an  addition. 
Cooper  was  accidentally  killed  while  hunting.     Root  is  still  in  Richland  County. 

Folsom  Dow,  J.  W.  Blanding,  and  J.  Q.  Burbank  were  the  first  settlers  after 
Captain  Rich,  and  Folsom  Dow  was  appointed  the  first  postmaster  at  Richville, 
as  Wahpeton  was  at  first  called.  It  appears  on  the  first  records  as  Chahinkapa, 
signifying  the  end  of  the  woods,  but  the  name  was  not  acceptable,  and  never  came 
into  general  use.  Valley  City  was  then  known  as  Wahpeton,  but  before  its  post- 
office  was  established  Richville  postoffice  was  changed  to  Wahpeton,  taking  its 
name  from  the  Indian  tribe  of  the  vicinity. 

In  1872,  Samuel  and  Benjamin  Taylor  settled  at  Wahpeton  and  opened  up 
farms,  Samuel  having  a  farm  of  640  acres  and  Benjamin  960.  Root  had  broken 
forty  acres  the  season  before  and  there  was  a  farm  of  forty  acres  or  more  in 
connection  with  the  military  post  at  Fort  Abercrombie.  The  Formanecks,  father 
and  sons,  and  other  families  related  to  Chezik,  had  come  in  from  Wisconsin. 

Major  Bovay,  of  national  reputation,  from  having  given  the  republican  party 
its  name  on  its  organization  in  1856,  came  with  D.  Wilmot  Smith,  and  Ransom 
Phelps  and  M.  P.  Propper  were  among  the  early  settlers.  Mr.  Bovay  moved  to 
Morton  County. 

Richland  County  was  organized  in  1873.  J.  W.  Blanding,  D.  Wilmot  Smith 
and  'SI.  T.  Rich  were  the  first  county  commissioners.  Hugh  R.  Blanding  was 
clerk  and  register  of  deeds,  William  Root,  sheriff  and  assessor,  Ransom  Phelps, 
judge  of  probate,  Emma  A.  Blanding,  superintendent  of  public  instruction,  John 
Q.  Burbank,  treasurer  and  county  surveyor,  Albert  Chezik,  constable,  George  B. 
Spink  and  Washington  Howe,  justices  of  the  peace.  Frank  Herrick  was  overseer 
of  Road  District  No.  i,  L.  J.  Moore  of  District  No.  2,  and  David  Lubenow  of 
District  No.  3.    The  county  seat  was  located  at  Wahpeton,  then  called  Chahinkapa. 

In  connection  with  his  ferry,  M.  T.  Rich  laid  out  the  townsite  of  Wahpeton. 
Next  to  his  house,  the  first  building  erected  was  a  store  by  Jacob  Mourin,  who' 
was  killed  by  lightning  while  washing  windows,  within  a  month  from  the  time  he 
opened  up  for  business.    John  Kotscheaver  succeeded  him  and  remained  in  trade 


516  HISTORY  OF  NORTH  DAKOTA 

till  1885,  when  he  was  succeeded  by  his  brother,  Jacob.  M.  T.  Rich  and  John  Q. 
Burbanl<  erected  a  building  16x22,  which  was  used  for  county  purposes  after  the 
organization  of  the  county. 

Miss  Mary  Keating,  afterwards  Mrs.  Shea,  taught  the  first  school  at  Wahpeton, 
and  Miss  Sarah  Rich,  the  second. 

BURLEIGH    COUNTY   ORGANIZED 

Burleigh  County  was  organized  by  the  appointment  of  Governor  of  Dakota 
Territory  John  P.  Dunn,  James  A.  Emmons  and  Wm.  H.  H.  Mercer,  county  com- 
missioners. They  met  on  July  16,  1873,  and  appointed  as  officers  Dan  Williams, 
register  of  deeds;  J.  S.  Carvelle,  judge  of  probate;  John  E.  Wasson,  county 
attorney;  Wm.  Woods,  sheriff;  and  Dr.  B.  F.  Slaughter,  coroner.  They  met 
again  on  the  following  day  and  appointed  Linda  W.  Slaughter  superintendent  of 
schools. 

In  the  spring  of  1873  Mrs.  Slaughter  and  her  sister.  Miss  Aidee  Warfield, 
organized  the  "Bismarck  Academy,"  which  they  taught  gratuitously  until  August, 
when  a  school  district  organization  was  effected,  and"  it  became  the  free  public 
school  of  the  district  and  was  held  in  the  new  Congregational  Church  then  situ- 
ated on  the  present  cotirthouse  block,  with  Miss  Warfield  as  teacher.  This  formed 
the  beginning  of  the  present  splendid  school  system  of  Burleigh  County. 

The  following  is  a  list  of  the  old  settlers  who  came  to  Burleigh  County  before 
the  completion  of  the  railroad  on  June  5,  1873.  All  those  marked  with  a  *  came 
to  Burleigh  County  prior  to  May  i,  1872: 

*Louis  Agard,  Jesse  Ayers,  *Wm.  Anderson,  Charles  Archer,  *P.  H.  Byrnes, 
*George  Bridges,  Ed  Burke,  *N.  W.  Comerford,  Joe  Bush,  *John  Coleman, 
J.  Collins,  J.  S.  Carvelle,  *S.  H.  Carahoof,  Joe  Courtous,  *Ed  Donahue,  John 
Duffee,  T.  P.  Davis,  J.  A.  Emmons,  *Mike  Foley,  George  Framer,  A.  Gilbert, 
*Barney  Aaron,  I.  C.  Adams,  *Strong  Beer,  J.  B.  Bailey,  *E.  N.  Corey,  Geo. 
Cunningham,  John  Camahan,  R.  M.  Douglas,  Dan  Eisenberg,  Robert  Farrell, 
J.  B.  Ford,  *C.  A.  Galloway,  *F.  F.  Girard,  W.  Hollowbush,  Wm.  Howard,  H.  U. 
Holway,  Peter  Dupree,  Joe  Dowling,  Fred  Edgar,  *Mike  Feller,  R.  Farrell, 
J.  M.  Gilman,  *A.  Agard,  Sam  Ashton,  *Harry  Rose,  Geo.  Buswell,  *C.  Collins, 
*John  Conrad,  C..  M.  Clarck,  *Joe  Deitrich,  ''"Harry  Duffee,  John  P.  Dunn, 
B.  Egan,  A.   Fisher,  *Chas.  Gray,  G.  Gusbraith,  J.   M.   Guppy,  *John  Hogan, 

*L.  Hunter,  M.  A.  Hutchins,  Hildebrand,  C.  A.  Lounsberry,  *J.  A.  Joyce, 

M.  H.  Kellogg,  Wm..  Lawrence,  *W.  H.  H.  Mercer,  "■■€.  H.  McCarthy,  *Bernard 
Martin,  J.  C.  Miller,  R.  R.  Marsh,  A.  McDonald,  Fred  Miller,  *R.  O'Brien, 
P.  Ostlund,  ^'John  H.  Richards,  Wm.  Regan,  *John  Schwartz,  W.  B.  Shaw, 
B.  Frank  Slaughter,  G.  G.  Thomas,  *E.  A.  Williams,  James  Wickerson,  Ed 
Whalen,  R.  D.  Gutschell,  *John  J.  Jackman,  D.  R.  Kagonie,  *Barney  Lanningan, 
Con  Lowney,  *Joe  Miller,  *Sam  McWilliams,  *J.  G.  Malloy,  R.  L.  Donigal,  H.  M. 
Neil,  Chris  Hehli,  John  Mason,  Thomas  McGowan,  E.  O'Brien,  J.  W.  Proctor, 
Dan  Rice,  Thos.  Riley,  *J.  S.  Souter,  F.  S.  Snow,  *Jos.  H.  Taylor,  *Dan  Williams, 
Thomas  Welch,  John  Whalen,  Lovet  Gill,  *Jake  Houser,  *Edmond  Hackett, 
Albert  Hill,  Dennis  Hannafin,  N.  H.  Knappen,  R.  Lambert,  Chas.  Louis,  *J.  D. 
McCarty.  *D.  W.  McCall,  *D.  W.  INIarshall,  J.  M.  Marsh,  John  McDevitt,  Mike 
McLear,  Ed  Morton,  M.  O'Brien,  John  Ostlund,  John  Ross,  E.  J.  Robinson,  H.  N. 


'"^y 


'■        V. 


';4- 


FARM  SCENE  IN  WALSH  COUNTY 


■ry 


^^^     s.^-...^-.. 


.S'^':":  ^isf^ 


5.w«*>*.«-?w»r". 


LEVI  BLADE'S  GAliULN.  GRAFTON 


HISTORY  OF  NORTH  DAKOTA  517 

Ross,  *Henry  Suttle,  ^William  Smith,  Pat  Smith,  M.  Tippie,  *C.  W.  Vandegrift, 
John  E.  Mason,  *Wm.  Woods,  Wm.  Sebrey,  John  Sebrey,  Jerry  Haly,  F.  C.  Hol- 
lembeck,  A.  Harvey,  *John  Kahl,  *John  Luther,  S.  F.  Lambert,  *Adani  Alann, 
John  McCarthy,  *Peter  Malloy,  *John  W.  Millet,  L.  T.  Marshall,  Barney  McCoy, 
E.  McDonald,  A.  McNeil,  P.  O'Brien,  *J.  W.  Plummes,  *Frank  Riley,  Thos. 
Reynolds,  J.  C.  Miller,  *John  Skelly,  N.  Leverane,  Chas.  Tobin,  B.  T.  Williams, 
Alfred  Walker,  John  Wliite,  Mike  Whalen,  *Geo.  A.  Joy. 

WALSH  COUNTY  EARLY  HISTORY 

In  1862  Walsh  County  was  included  in  a  region  known  as  Kittson  County, 
and  in  1867  was  included  in  Pembina  County,  which  then  extended  from  the  Red 
River  west,  taking  in  Cavalier  County,  and  south  to  the  Sheyenne.  Voting  pre- 
cincts were  established  at  Park  River,  now  in  Walsh,  Stump  Lake,  now  in  Nelson, 
Dead  Island,  now  in  Cavalier,  and  Sheyenne,  now  in  Cass,  the  latter  taking  in 
most  of  Walsh,  Grand  Forks,  Traill  and  Richland  counties.  The  voting  place  was 
near  Georgetown,  then  a  Hudson's  Bay  post. 

In  1871  the  Grand  Forks  Precinct  was  established,  taking  in  Grand  Forks, 
and  part  of  Walsh  and  Traill  counties,  and  west  to  the  Pembina  Mountains.  The 
voting  place  was  at  the  house  of  James  Stuart  at  Grand  Forks.  Thomas  Walsh, 
S.  C.  Code  and  John  Fadden  were  appointed  judges  of  election.  The  northern 
liiTiits  of  the  precinct  were  Park  River,  the  Goose  River  formed  the  southern 
boundary  and  the  crest  of  the  Pembina  Mountains  the  western  boundary. 

WALSH  COUNTY  ORGANIZED 

In  1873  Grand  Forks  and  Cass  counties  were  created  from  a  part  of  Pembina, 
and  in  1881  Walsh  from  parts  of  Grand  Forks  and  Pembina,  and  was  organized 
August  30,  1881,  Governor  Ordway  having  appointed  George  P.  Harvey,  William 
Code  and  Benjamin  C.  Askelson  county  commissioners.  They  appointed  Jacob 
Reinhardt,  sheriff;  E.  O.  Faulkner,  judge  of  probate;  K.  O.  Skatteboe,  treasurer; 
Eugene  Kane,  surveyor;  Dr.  N.  H.  Hamilton,  coroner;  Dr.  R.  M.  Evans,  super- 
intendent of  schools;  John  Harris,  Charles  Finkle,  J.  A.  Delaney  and  William 
Richie,  justices  of  the  peace.  John  Ross,  Thomas  Trainor,  G.  W.  Gilbert  and 
Whitefield  Durham,  constables.  P.  J.  McLaughlin  was  later  appointed  state's 
attorney  and  John  N.  Nelson  assessor.  The  judge  appointed  W.  A.  Cleland  clerk 
of  the  court,  and  under  a  special  act  of  the  Legislature  Edwin  O.  Faulkner  became 
the  first  county  auditor. 

Settlements  commenced  on  points  on  the  Red  River  in  1870,  and  in  1874  title 
was  secured  to  lands  in  Walshville  in  anticipation  of  laying  out  a  village.  A  town 
was  later  laid  out  at  Acton,  then  known  as  Kelly's  Point,  by  Antoine  Girard,  and 
here  the  first  mercantile  interests,  aside  from  the  old  Indian  and  Hudson's  Bay 
posts,  were  established  by  Jacob  Eshelman,  William  Budge  and  W.  J.  Anderson. 

In  i88i  and  the  following  year  settlers  commenced  making  their  homes  on 
the  Red  River,  on  the  Park  and  the  Forest,  and  by  1881,  when  the  county  was 
created,  it  is  estimated  there  were  800  people  in  the  county.  School  districts 
and  towns  had  been  organized  either  as  a  part  of  Grand  Forks  or  Pembina  and 
Acton  had  become  a  village,  and  a  newspaper,  the  Acton  News,  later  moved  to 
Grafton,  becoming  a  part  of  the  News  and  Times,  had  been  established. 


518  HISTORY  OF  NORTH  DAKOTA 

Grafton  was  an  incident  of  the  railroad  construction  of  1881.  The  land  on 
which  it  was  located  was  entered  in  1878  by  T.  E.  Cooper,  who  secured  the  estab- 
lishment of  a  postoffice  early  next  year,  and  in  July,  1879,  regular  mail  service 
from  Acton  to  Sweden  via  Grafton  was  commenced.  The  postoffice  was  called 
Grafton,  in  memory  of  Mrs.  Cooper's  old  home  in  Grafton,  New  Hampshire. 
Mr.  Cooper  built  the  first  hotel  at  Grafton. 

The  first  teacher  in  the  schools  of  Grafton  was  Joseph  Cleary.  He  was  suc- 
ceeded by  Mr.  W.  J.  Shumway.  Mr.  Shumway  was  assisted  by  Mrs.  E.  S.  Mott. 
Mr.  Shumway  was  succeeded  by  Mr.  A.  McCully  as  principal.  Mr.  McCully 
was  assisted  by  Mr.  D.  C.  Ross  and  Miss  Kate  Driscoll.  The  schools  were  not 
thoroughly  graded  until  the  fall  of  1885.  The  territorial  Legislature  of  1885 
passed  an  act  creating  the  City  of  Grafton  a  special  independent  district;  the 
government  of  the  schools  is  today  under  the  same  act,  and  it  has  been  found  on 
the  whole  satisfactory. 

This  act  was  approved  by  the  governor  March  9,  1885,  and  the  first  board 
under  that  was  elected  April  7,  1885.  It  consisted  of  five  members,  two  at  large 
and  one  member  for  each  of  the  three  wards.  This  board  consisted  of  Messrs. 
William  Tiemey,  C.  A.  M.  Spencer,  H.  C.  Upham,  F.  E.  Chase  and  E.  O.  Faulk- 
ner. The  board  organized  with  F.  E.  Chase  as  president  and  E.  O.  Faulkner  clerk. 
Its  first  business  was  to  bond  the  district  for  $15,000  to  erect  the  main  part  of 
the  central  building.  This  was  built  during  the  summer  of  1885.  It  is  two  stories 
high,  built  of  brick  and  contains  six  large  school  and  two  recitation  rooms.  In 
August,  1885,  Mr.  J.  C.  P.  Miner,  a  graduate  of  Harvard  University,  was  engaged 
as  principal,  with  Misses  Mary  D.  Mattisori,  Kate  Driscoll  and  Lucy  Killeen  as 
assistants. 

PARK    RIVER 

Park  River  was  a  wheat  field  in  1884  and  the  wheat  was  removed  to  make 
way  for  the  townsite  and  was  first  known  as  Kensington. 

The  first  settler  in  the  vicinity  of  Park  River  for  agricultural  purposes  was 
Charles  G.  Oaks,  an  old  Hudson's  Bay  Company  employe,  who  settled  at  what 
was  afterwards  known  as  Kensington  in  November,  1878,  and  those  who  came 
later  constituted  what  became  known  as  the  Scotch  settlement.  The  next  and 
now  the  recognized  oldest  settler,  was  Charles  F.  Ames,  who  settled  January  16, 
1879.  Among  the  other  names  recalled  by  the  old  settlers  were  William  and 
Alex  Bruce,  James  '  Smith,  George  Brown,  James  Maloney,  Ed  Carman  and 
George  Kennedy.  Hans  Robertson  was  the  first  in  the  Norwegian  neighborhood 
and  dates  his  settlement  also  from  January,  1879.  There  were  no  settlers  west  of 
him  at  that  time  and  few  indeed  between  what  is  now  Park  River  and  Grand 
Forks.  Accompanying  Hans  Robertson  were  Andrew  Y.  Anderson,  Thomas 
Thompson,  Iver  Iverson  and  Knud  K.  Halstad  and  Peter  Sager.  The  Kensington 
settlers  came  from  Canada;  the  Scandinavians  from  Iowa,  stopping  first,  however, 
in  Traill  County. 

In  1879  Charles  H.  Honey  and  John  Wadge,  brothers-in-law,  came  from  their 
Canadian  home  to  Kensington,  where  they  selected  land. 

Wadge  remained  and  Honey  came  on  the  next  season,  followed  by  other 
relatives  and  friends.    Other  settlers  in  1879  were  Thomas  Wadge,  George  Nick- 


HISTORY  OF  NORTH  DAKOTA  519 

lin,  William,  Edward  and  Benjamin  Code,  William  Craig,  E.  O.  F'aulkner,  John 
and  Fred  Robb,  Peter  Campbell,  Alexander  Smith,  William  Davis,  R.  B.  Hunt, 
William  Burbridge  and  John  Baird. 

The  postoffice  was  established  at  Kensington  in  February,  1880,  with  E.  O. 
Faulkner  postmaster.  It  was  served  from  Sweden.  Later  the  office  was  moved 
to  the  home  of  C.  H.  Honey,  Mr.  Faulkner  having  become  county  auditor,  and 
later  it  was  discontinued  and  Park  River  established  in  its  stead,  when  C.  H. 
Honey  became  the  first  postmaster  at  Park  River. 

THE  CANADIANS  CELEBRATE  JULY  4 

An  amusing  incident  is  related  of  the  first  settlers  in  the  Scotch  settlement 
The  settlers  all  came  from  Canada  and  knew  little  of  the  customs  of  the  people 
of  the  United  States  and  still  less  of  their  traditions,  but  they  had  sworn  allegiance 
to  the  Government  and  felt  in  honor  bound  to  celebrate  its  natal  day.  Accord- 
ingly a  preliminary  meeting  was  held  for  the  arrangement  of  a  program  and 
during  the  rambling  discussion  some  one  suggested  that  the  Declaration  of  Inde- 
pendence should  be  read.  "And  what  is  that?"  was  the  quick  response  from  the 
crowd.  Accordingly  Thomas  Catherwood,  the  settlement's  first  teacher,  was 
called  upon  to  read  it  for  the  information  of  the  meeting.  It  was  at  once  recog- 
nized as  a  fit  thing  to  be  presented  on  such  an  occasion. 

In  the  fall  of  1879  the  grass  was  especially  heavy.  At  some  points  it  was 
higher  than  a  horse  and  generally  on  the  low  lands  as  high  as  a  wagon  box. 
A  dense  smoke  indicated  a  prairie  fire.  The  settlers  turned  out  and  plowed  a 
fire  break  three  furrows  wide  and  eight  miles  long,  but  it  had  no  greater  effect 
than  a  tow  string  toward  stopping  the  progress  of  the  fire.  Hay  stacks  went  up 
in  flame  when  the  fire  apparently  was  still  fifteen  rods  away.  John  Robb  of  the 
force  making  the  fire  breaks  was  caught  by  the  flames  and,  unable  to  escape, 
rushed  through  them.  His  heavy  beard  and  brows  were  completely  burned.  It 
was  a  close  shave,  literally,  and  it  was  a  narrow  escape  for  his  life.  The  cattle 
escaped  to  the  river  and  it  was  hours  before  they  could  be  gotten  from  their  place 
of  refuge. 

By  June,  1880,  almost  every  claim  was  taken,  the  settlers  coming  in  in  groups 
of  all  sizes,  from  two  or  three  families  up  to  twenty.  The  "prairie  schooners" 
were  seen  moving  at  all  times  of  day  and  in  every  direction  the  squatters  were 
seen  making  the  improvements  necessary  to  hold  their  claims.  There  was  no 
opportunity  for  large  farms.  Few  indeed  succeeded  in  securing  more  than  one 
claim  of  160  acres.  Occasionally  a  son,  daughter  or  sister,  or  accommodating 
friend  used  their  rights  to  help  out  the  family.  The  land  was  not  surveyed  till 
1879  and  not  open  to  filing  until  1880. 

Most  of  the  early  settlers  took  claims  near  the  river  and  divided  up  the  timber 
partly  in  a  spirit  of  accommodation  and  partly  in  order  to  bring  the  settlement 
closer  together.  Hence  most  of  the  first  claims  were  a  quarter  of  a  mile  wide  and 
a  mile  long. 

BOTTINEAU    COUNTY 

Bottineau  County  was  created  by  act  of  Dakota  Legislature,  January  4,  1873. 
It  was  named  for  Pierre  Bottineau,  probably  the  first  white  child  born  in  North 


520  HISTORY  OF  NORTH  DAKOTA 

Dakota,  about  1812.  He  was  born  to  a  faTiiily  of  French  voyageurs  associated 
with  the  fur  companies  then  trading  with  the  Indians  at  all  points  in  North  Dakota 
where  furs  were  caught  or  accumulated,  engaging  often  with  the  Indians  on  the 
buffalo  hunts.  Charles  Bottineau,  a  brother  of  Pierre,  was  the  first  considerable 
farmer  in  North  Dakota,  and  as  early  as  1870  had  a  farm  of  about  one  hundred 
acres  under  cultivation  at  Neche,  where  he  had  been  engaged  in  farming  long 
before  any  particular  attention  had  been  attracted  to  the  Red  River  Valley.  Indeed 
the  first  settlement  in  the  valley  for  agricultural  purposes  was  in  the  fall  of  1870 
and  spring  of  1871,  while  the  census  of  1870  shows  about  1,200  halfbloods  in 
North  Dakota.  They  practically  all  originated  from  the  voyageurs  and  traders 
connected  with  the  Hudson's  Bay  Company,  occupying  the  lower  Red  River 
country,  and  the  American  Fur  Company,  occupying  the  upper  Missouri  River 
and  its  tributaries  as  well  as  the  James.  Both  classes  occupied  the  Pembina  and 
Turtle  mountains  and  became  associated  with  what  is  known  as  the  Turtle 
Mountain  band  of  Indians  now  numbering  about  three  thousand.  Some  of  these 
were  of  Canadian  origin  and  some  of  American,  but  whether  American  or 
Canadian  they  roamed  over  the  prairies  hunting,  now  selling  their  catch  to  traders 
in  the  field  or  taking  them  to  Fort  Garry,  now  Winnipeg,  where  churches  and 
schools  were  built  and  they  were  taught  in  the  ways  of  civilization. 

They  congregated  for  a  time  at  White  Earth,  Minn.  Some  of  them  were 
drawn  into  the  Riel  rebellion  in  Manitoba  and  many  received  land  and  other 
benefits  in  Canada  after  the  settlement  of  that  affair,  even  though  of  American 
origin.  The  real  estate  speculators  of  Winnipeg  followed  them  to  this  side  of 
the  line  and  paid  their  expenses  to  that  city  and  return  in  their  efforts  to  get  them 
to  claim  land  which  they  desired  to  buy.  Many  yielded,  signing  papers  and  taking 
money  without  knowing  what  they  were  doing,  being  called  upon  only  to  touch 
the  pen  and  take  the  money  that  was  offered  them. 

In  1870  they  settled  in  the  Turtle  iMountain  region  and  claimed  under  alleged 
treaty  rights  practically  the  whole  country  north  of  Devils  Lake  and  west  of  the 
Red  River.  This  was  so  far  recognized  as  to  assign  them  by  executive  order 
thirty-six  townships  and  this  was  later  reduced  to  two  townships,  situated  just 
west  of  Rolla.  The  remainder  was  thrown  open  to  settlement,  which  commenced 
in  Bottineau  County  in  1883. 

In  1882  there  were  not  a  dozen  settlers  in  the  county.  Three  years  later  there 
were  818,  and  the  Great  Northern  road  was  soon  afterwards  extended  to  Botti- 
neau, the  terminus  of  the  Rugby  and  Bottineau  branch.  Then  but  120  acres  of 
land  had  been  entered  and  the  total  wheat  product  of  the  county  was  but  8,016 
bushels,  but  two  years  later  the  wheat  crop  was  149,079  bushels.  The  acres 
improved  in  1885  were  7,215.  The  county  early  devoted  attention  to  stock  and 
in  1885  had  sheep  producing  2,554  pounds  of  wool.  It  then  had  nearly  two  thou- 
sand head  of  cattle. 

Bottineau  County  was  organized  March  13,  1884,  by  the  appointment  by  the 
governor  of  William  F.  Simerall,  Albert  C.  Barnes  and  Lorenzo  D.  Dana  county 
commissioners.  The  first  meeting  of  the  board  was  July  17th,  when  Mr.  Dana 
was  elected  chairman.  John  W.  G.  Simerall  was  appointed  register  of  deeds ; 
Louis  P.  LeMay,  sheriff;  Alex  McBain,  assessor;  Archibald  Finlayson,  treasurer; 
J.  B.  Sinclair,  surveyor;  Rev.  Ezra  Turner,  superintendent  of  schools;  William 
Stewart  and  George  Gagnon,  justices  of  the  peace ;  Peter  Ferguson,  Francis  X. 


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HISTORY  OF  NOI^TH  DAKOTA  521 

Junea,  constables.    Later  J.  N.  Greiner  was  appointed  justice  of  the  peace  and 
J.  B.  Sinclair,  road  supervisor,  and  Alex.  C.  Barnes,  clerk  of  court. 

Robert  Brander  entered  the  land  on  which  Bottineau  is  situated,  the  home- 
stead of  Alex.  Sinclair  also  forming  a  part  of  the  city. 

ROLETTE    COUNTY 

Rolette  County  was  created  by  act  of  the  Legislature,  January  4,  1873,  when 
North  Dakota  was  first  divided  into  counties.  Until  then  the  eastern  portion  was 
known  as  Pembina  County,  while  that  portion  east  of  the  Missouri  and  west 
of  the  James  was  a  part  of  what  is  now  Buffalo  County,  South  Dakota,  which 
then  embraced  most  of  the  northern  part  of  what  is  now  North  Dakota.  In 
1883  Tower  County  was  created  from  Rolette,  and  its  boundaries  were  further 
changed  and  established  as  now,  March  11,  1887.  Rolette  County  was  organized 
November  6,  1885,  by  the  appointment  by  the  governor  of  the  following  county 
commissioners,  viz. :  James  Maloney,  Jasper  Jeanotte  and  Arthur  Foussard. 
Jeanotte  and  Foussard  failed  to  qualify,  and  Fred  Schutte  and  Lemuel  M.  Mel- 
ton of  Dunseith  were  appointed  in  their  stead. 

They  organized  at  Dunseith,  October  14,  1884,  and  Fred  Schutte  was  chosen 
chairman.  Courtiand  P.  Clements  was  appointed  register  of  deeds;  James  Elton, 
judge  of  probate ;  F.  E.  Farrell,  county  superintendent  of  schools ;  James  D. 
Eaton,  county  treasurer ;  Barney  Cain,  sheriff ;  Dr.  Stephen  Howard,  coroner ; 
Gavin  Hamilton,  county  attorney.  W.  H.  McKee  succeeded  Elton  as  judge  of 
probate.  Thomas  Heskett,  L.  E.  Marchaud,  Samuel  Shreckengast  and  Phillip 
T.  Metier  were  appointed  justices  of  the  peace,  and  Thomas  Maloney,  Lake 
Demo,  John  McFadden,  Moses  LaBouty  and  John  Cain,  constables. 

Giles  M.  Gilbert,  Lemuel  G.  Melton  and  C.  G.  Oaks  were  the  first  settlers 
in  that  part  of  the  mountains. 

The  LaBarge  Brothers,  Edward  and  Edmund  and  Arthur,  and  Emile  Fous- 
sard came  in  1881,  settling  at  St.  John.  They  came  from  Brandon,  Manitoba, 
and  claim  to  have  led  all  other  settlers,  aside  from  a  few  half-breeds  who  came 
as  early  as  1880. 

The  first  entries  of  public  lands  were  made  when  the  plats  were  filed  at  the 
Devil's  Lake  land  oiifice  by  Giles  M.  Gilbert,  Lemuel  G.  Welton  and  E.  G.  Oaks. 
The  law  requires  30  days'  notice  to  be  given  to  entry  men  of  the  filing  of  plats 
and  proper  notice  to  be  given  of  intention  to  make  proof,  but  without  this  notice, 
on  the  day  the  plats  were  open  to  inspection,  Colonel  Clement,  a  Colorado  friend 
of  Secretary  Teller,  presented  himself  at  the  United  States  land  office  at  Devil's 
Lake  with  a  letter  from  Secretary  Teller  to  the  register  and  receiver  directing 
that  they  allow  proof  to  be  made  at  once  on  the  Gilbert,  Melton  and  Oaks  tracts 
and  the  entries  were  accordingly  completed  on  the  day  their  filings  were  made,  and 
the  Oaks  and  Melton  entries  were  transferred  to  M.  Ohmer,  in  the  interest  of 
the  Dunseith  townsite  syndicate,  of  which  Clements,  Schutte,  Laubach  and 
Ohmer  were  members. 

St.  John,  Rolette  County,  is  one  of  the  oldest  trading  points  in  the  state"  its 
business  life  dating  way  back  to  1843.  Joseph  Rolette,  William  H.  Moorhead, 
and  others  familiar  to  the  history  of  the  later  developments  of  the  state,  were 
engaged  in  trade  to  a  greater  or  less  extent  at  St.  John,  and  one  of  the  early 


522  HISTORY  OF  NORTH  DAKOTA 

customs  stations  was  established  there.  It  is  now  a  port  of  entry  with  deputy 
collector,  and  the  United  States  flag  flies  over  the  customs  office  every  day  of 
the  year  from  sunrise  to  sunset.  Canadians  who  came  into  the  country  at  this 
point  are  required  to  report  and  show  their  respect  to  the  country  by  saluting 
the  old  flag  and  transacting  whatever  business  they  may  have  with  the  accom- 
modating customs  officials. 

WELLS    COUNTY 

Wells  County  was  originally  created  in  1873  ^s  Gingras  County.  The  name 
was  changed  in  1881  to  Wells  and  its  boundaries  changed  in  1883  and  1885. 
It  was  organized  in  1884,  with  36  townships,  the  governor  appointing  Thomas 
R.  Williams,  Joseph  P.  Cox  and  Marshall  Brinton  as  county  commissioners. 

The  county  seat  was  originally  at  Sykeston,  established  by  the  Sykes  interest 
in  connection  with  their  large  estates.  The  construction  of  the  Soo  through 
the  center  of  the  county  resulted  in  building  up  Cathay,  Fessenden  and  Harvey, 
and  in  a  county  seat  contest  terminating  in  favor  of  Fessenden,  where  it  was 
moved  in  1894.  The  town  was  named  in  honor  of  ex-Surveyor  General  Fessen- 
den, formerly  of  Michigan,  under  whose  administration  the  original  surveys  in 
the  county  were  made.  The  county  is  largely  settled  by  Germans.  They  own 
farms  varying  from  160  to  640  acres. 

THEODORE   ROOSEVELT,    NORTH    DAKOTA    PIONEER 

In  1881  Hiram  B.  Wadsworth  and  W.  L.  Hawley  of  Minnesota  shipped  in 
200  head  of  young  cattle  for  ranging  on  the  plains  west  of  the  Little  Missouri 
River  and  established  the  Maltese  Cross  ranch.  Other  ranching  interests  fol- 
lowed the  establishment  of  the  Maltese  Cross  ranch,  but  that  was  the  first  of 
importance  in  North  Dakota.  In  1880  Joseph  and  Sylvane  Ferris  and  A.  W. 
Merrifield  came  to  the  Little  Missouri  region  and  engaged  in  hunting. 

In  September,  1883,  Theodore  Roosevelt  came  to  Medora,  North  Dakota, 
for  the  purpose  of  hunting.  Joseph  Ferris  accompanied  him  on  his  hunting 
expedition,  and  on  September  17,  1883,  on  the  plains  of  North  Dakota,  Mr. 
Roosevelt  killed  his  first  buffalo.  On  the  trip  Mr.  Roosevelt  became  interested 
in  the  subject  of  stock  growing  and  on  his  return  purchased  the  Maltese  Cross 
herd  of  cattle  and  placed  them  in  the  hands  of  Sylvane  M.  Ferris  and  A.  W. 
Merrifield  on  the  Chimney  Butte  ranch,  seven  miles  south  of  Medora.  He  added 
several  hundred  head  to  the  bunch  that  fall  and  the  next  year  established  the 
Elkhorn  ranch,  thirty-iive  miles  down  the  river  from  Medora.  This  ranch  was 
in  charge  of  Sewall  and  Dow.  On  the  two  ranches  he  had  some  three  thousand 
head  of  cattle  and  twice  a  year  visited  these  ranches  and  participated  in  the 
round-up,  one  season  remaining  until  Christmas.  There  was  no  part  of  the 
work  on  that  ranch  in  which  he  did  not  participate.  He  was  fearless,  but  none 
of  those  who  rode  the  range  with  him  or  accompanied  him  on  his  hunting  trips 
recall  a  single  instance  wherein  he  could  be  said  to  have  been  reckless.  One  day 
one  of  his  employes  undertook  to  frighten  him  by  threats  of  gun  play.  Mr. 
Roosevelt  took  the  gun  from  him  and  kicked  him  out  of  camp.  The  fellow  was 
known  as  a  desperado  who  was  expected  to  shoot  on  the  slightest  provocation. 
He  apologized  and  was  restored  to  his  place,  but  his  spirit  as  a  desperado  was 


H^^T'^ 

JEAX  BAPTISTK  BOTTINEAU 


HISTORY  OF  NORTH  DAKOTA  523 

broken.  Theodore  Roosevelt  was  not  "Teddy"  on  the  range,  but  Mr.  Roosevelt 
always,  the  men  showing  their  respect  for  him  in  his  absence  as  well  as  in  his 
presence.  In  1906  his  son  Kermit  rode  on  horseback  from  Deadwood  to  Medora, 
accompanied  by  Hon.  Seth  Bullock,  and  spent  a  few  days  with  the  ranch  friends 
of  Mr.  Roosevelt.  During  his  stay  at  Medora,  Mr.  Roosevelt  was  one  summer 
deputy  sheriff,  and  was  as  fearless  and  faithful  in  the  performance  of  his  duty 
as  he  required  his  appointees  to  be.  Mrs.  Roosevelt  visited  the  ranch  in  the 
summer  of  1890.  He  retained  his  interests  in  North  Dakota  cattle  growing  until 
1896,  when  he  closed  out  with  profit. 

After  his  election  as  President  Mr.  Roosevelt  wrote  as  follows : 

White  House,  Washington,  November  10,  1904. 
My  Dear  Joe  and  Sylvane : 

No  telegram  that  I  received  pleased  me  more  than  yours,  and  I  thank  you 
for  it.    Give  my  warm  regards  to  Mrs.  Joe,  Mrs.  Sylvane  and  all  my  friends. 

Sincerely  yours, 

Theodore  Roosevelt, 
The  Medora  President. 

The  logs  that  were  in  the  Chimney  Butte  ranch  headquarters  were  taken  to 
St.  Louis  and  to  Portland  and  reerected  as  they  appeared  on  the  range,  and 
were  a  leading  attraction  at  the  Louisiana  Purchase  and  Lewis  and  Clark  exposi- 
tions, and  were  then  returned  to  Bismarck,  where  the  Roosevelt  cabin  became  a 
permanent  exhibit  in  tlie  custody  of  the  State  Historical  Society. 

Marquis  de  Mores  came  to  North  Dakota  in  April,  1883,  a  short  time  before 
Mr.  Roosevelt,  and  invested  large  sums  of  money  in  stock  growing  and  in  the 
packing  industry,  his  intention  being  to  grow  the  stock  and  kill  them  on 
the  range,  shipping  in  refrigerator  cars  to  the  eastern  markets.  He  built 
a  fully  ec^uipped  slaughter  house  at  Medora,  with  all  the  appurtenances  neces- 
sary for  the  economical  handling  of  all  of  the  by-products.  Lie  built  cold  storage 
houses  at  Bismarck,  Fargo,  Duluth  and  other  points  and  carried  on  an  enor- 
mous business  until  1886,  when  he  realized  that  he  was  in  advance  of  the  times 
and  withdrew,  returning  to  France. 

In  1883  Sir  John  Pindar  and  Commodore  Henry  Gorringer  became  asso- 
ciated in  a  cattle  enterprise  near  the  Roosevelt  and  De  Mores  ranches,  and 
invested  largely  in  stock  growing.  Mr.  Hostetter  also  had  large  investments  in 
this  vicinity.  Hon.  A.  C.  Huidekoper  of  Pennsylvania  and  associates  became 
interested  in  this  region  and  afterwards  made  heavy  investments  in  land  and 
stock,  closing  out  in  1906  for  the  sum  of  $250,000  to  Fred  Pabst  of  the  Pabst 
Brewing  Company.  Pierre  Wibaux  invested  some  $200,000  in  stock  in  this  region, 
beginning  also  in  the  early  days.  The  Eaton  brothers  of  the  Custer  Trail  ranch 
were  also  among  the  early  factors  in  the  development  of  that  region.  The  very 
first,  however,  to  establish  a  stock  business  west  of  the  Missouri  was  E.  G. 
Paddock,  who  was  engaged  in  freighting  to  the  cantonment  at  the  Little  Missouri 
in  1879.     ^^'^  brought  in  a  herd  of  cows  to  supply  the  cantonment  with  milk. 

The  terminus  of  the  Northern  Pacific  Railroad  remained  at  Bismarck  until 
1880,  when  the  work  of  construction  commenced  west  of  the  Missouri  River. 
The  winter  preceding  a  track  was  laid  across  the  Missouri  River  on  the  ice, 
and  much  of  the  heavy  material  was  pushed  across  the  river  that  winter  on  the 


524  HISTORY  OF  NORTH  DAKOTA 

ice  bridge.  During  the  construction  of  the  bridge  cars  were  transferred  by  boat. 
The  road  crossed  the  western  boundary  of  the  state  and  was  extended  to  the 
Yellowstone  in  1881. 

THE  BURLEIGH   COUNTY  PIONEERS 

On  the  evening  of  Deceqiber  i,  1873,  in  the  log  building  of  Dimmick  and 
Tippia,  on  the  corner  of  Main  and  Third  streets,  there  was  formed  an  association 
of  the  early  settlers  of  Bismarck  and  vicinity  called  the  Burleigh  County  Pioneers, 
whose  object,  as  stated  in  their  constitution,  was  "to  promote  the  social,  business 
and  agricultural  interests  of  Bismarck  and  vicinity."  The  charter  members  were 
C.  A.  Lounsberry,  C.  H.  McCarty,  Edward  Donahue,  Dr.  B.  F.  Slaughter,  C.  W. 
Freede,  H.  N.  Holway,  L.  T.  Marshall,  C.  W.  Clarke,  J.  E.  Walker,  M.  Tippie, 
W.  T.  McKay,  A.  C.  Tippie,  Gus  Galbraith,  J.  W.  Raymond  and  Capt.  John  W. 
Smith. 

The  officers  elected  were:  Dr.  B.  F.  Slaughter,  president;  Charles  M. 
McCarty,  vice  president;  Gus  Galbraith,  recording  secretary;  Col.  C.  A.  Louns- 
berry, corresponding  secretary;  Maj.  J.  E.  Walker,  treasurer. 

This  society  was  at  once  a  bureau  of  immigration,  a  general  intelligence  office 
and  a  board  of  trade. 

For  two  years  the  Pioneers  kept  two  secretaries  at  work  sending  out  literature 
and  answering  inquiries  from,  abroad,  and  Bismarck  was  the  most  extensively 
advertised  burgh  in  America.  In  April,  1874,  they  fitted  up  headquarters  and  a 
public  reading  room  in  Dr.  Slaughter's  building  on  Third  street,  known  as  Pioneer 
Hall,  which  was  one  of  the  most  attractive  places  in  the  city.  They  accumulated 
a  valuable  library  and  elected  W.  S.  Brown,  librarian,  and  W.  J.  Craw,  assistant 
secretary.  .|, 

At  a  meeting  held  on  February  9,  1874,  the  association  resolved  to  publish  a 
pamphlet  to  advertise  the  country  and  to  elect  a  historian,  whose  duty  it  should 
be  to  prepare  it.  A  committee,  consisting  of  M.  Tippie,  J.  B.  Bailey  and  N.  H. 
Knappan,  was  appointed  to  make  the  selection,  and  they  chose  Mrs.  Linda  W. 
Slaughter  as  historian  of  Pioneers,  and  she  was  elected  an  honorary  member  of 
the  association.  Her  pamphlet,  entitled  "The  New  Northwest — A  History  of 
Bismarck  and  Vicinity,"  was  in  the  hands  of  the  secretary  within  two  weeks  from 
the  date  of  the  resolution.  Two  thousand  copies  were  printed  in  the  office  of 
the  Bismarck  Tribune,  1,000  of  which  were  mailed  by  the  secretary  to  all  parts 
of  the  country  and  the  other  1,000  was  distributed  among  the  members  for 
gratuitous  distribution.  The  good  results  of  this  enterprise  were  soon  apparent. 
Immigrants  poured  in  from  all  quarters  and  the  author  of  the  pamphlet  lived  to 
see  her  predictions  in  regard  to  the  coming  greatness  of  the  country  fully  verified. 

Washington's  birthday,  February  22,  1874,  was  observed  by  the  Pioneers  by 
a  grand  ball  at  the  Capitol  Hotel.  Tickets  sold  readily  at  $5  each,  and  thereafter 
each  year  for  a  number  of  years  at  each  anniversary  of  the  formation  of  the  society 
an  annual  ball  was  held  and  large  sums  were  realized  for  the  society  from  the 
sale  of  tickets. 

Below  are  the  names  of  the  members  of  the  Burleigh  County  Pioneers  recorded 
in  their  own  handwriting  in  the  secretary's  bool<  of  their  constitution  and  by-laws, 
now  in  the  possession  of  the  State  Historical  Society: 


H 
O 

t— I 

i 

O 


!> 
o 

H 


".^-Jv 


--.."If    .>^"'    " 


HISTORY  OF  NORTH  DAKOTA  525 

C.  A.  Lounsberry,  C.  H.  McCarty,  Edward  Donahue,  B.  Frank  Slaughter,  C. 
W.  Freede,  H.  N.  Holway,  L.  T.  Marshall,  C.  W.  Clarke,  J.  E.  Walker,  M.  Tippie, 
W.  T.  McKay,  A.  C.  Tippie,  Gus  Galbraith,  J.  W.  Raymond,  John  W.  Smith, 
John  Harris,  John  W.  Proctor,  Fred  C.  Hollenbeck,  H.  N.  Ross,  Charles  A.  Gal- 
loway, David  Crouther,  C.  J.  Miller,  Richard  Farrell,  Chris  Hiehli,  Fred  W. 
Edgar,  Louis  Agard,  Nicholas  Byrnes,  T.  F.  Singhiser,  M.  L.  Marsh,  N.  H. 
Knappen,  S.  L.  Beckel,  Henry  Suttle,  E.  N.  Corey,  John  A.  McLean,  Robert 
Macnider,  J.  D.  Wakeman,  R.  D.  Jennings,  Thomas  Van  Etten,  Mark  Warren, 
Edmond  Hackett,  James  A.  Emmons,  S.  E.  Doner,  Will  J.  Craw,  Henry  Dion, 
John  P.  Forster,  J.  B.  Bailey,  R.  R.  Marsh,  William  Woods,  Alexander  McKenzie, 
John  A.  Stoyell,  H.  Brownson,  Alonzo  Murry,  Mason  Martin,  L.  H.  Melton, 
Richard  Connelly,  John  Bowen,  Henry  Waller,  George  G.  Gibbs,  James  H.  Mar- 
shall, Joseph  Pennell,  John  Wringrose,  James  Browning,  J.  O.  Simmons,  W. 
Ward  Bill,  John  Whalen,  S.  Lambert,  Theodore  Shenkenberg,  Peter  Brasseau, 
Jesse  Ayers,  William  Coleman,  William  Hollowbush,  J.  McGee,  Josiah  Delameter, 
J.  P.  Dunn,  Thomas  McGowan,  Nicholas  Comer,  Norman  Beck,  Isadore  Bur- 
lingette,  Thomas  Reid,  Louis  Bonin,  George  Peoples,  Asa  Fisher,  J.  H.  Lovelle, 
John  W.  Plummer,  Willard  S.  Brown,  J.  H.  Richards,  J.  C.  Dodge,  H.  P.  Bogue, 
P.  H.  Galligher,  Nicholas  Comerford,  W.S.  Lawrence,  Charles  F.  Hobart,  J.  C. 
Cady,  S.  M.  Townsend,  George  Enreigh,  N.  Dunkleberg,  John  Mason,  John 
Yegen,  Joseph  Deitrich,  L.  N.  Griffin,  Cornelius  Collins,  T.  P.  Davis,  W.  H.  H. 
Comer,  Charles  Saunders,  R.  Page  and  Edward  B.  Ware. 

THE  BISMARCK  LADIES'  HISTORICAL  SOCIETY 

The  Ladies'  Historical  Society  of  Bismarck  and  North  Dakota  was  formally 
organized  in  September,  1889.  Previously  to  this  it  had  existed  as  a  little  knot 
of  ladies  in  Bismarck,  who,  having  experienced  the  hardships  and  isolation  that 
marked  the  early  days  of  settlement  in  the  new  city,  were  drawn  together  in 
bonds  of  the  closest  friendship.  Their  first  meetings  were  chiefly  social  and 
were  held  at  the  home  of  Mrs.  Slaughter.  One  peculiarity  of  their  constitution 
was  that  no  dues  should  be  paid,  and  its  membership  was  at  first  limited  to  the 
ladies  who  had  lived  in  Bismarck  during  the  years  1872  and  1873.  It  afterwards 
broadened  out  to  admit  the  wives  of  the  old  settlers  of  those  years.  At  the 
reorganization,  in  1889,  all  ladies  who  had  lived  in  the  territory  previous  to  its 
admission  as  a  state  were  made  eligible  to  membership,  and  at  its  last  reorgan- 
ization and  incorporation  as  the  North  Dakota  State  Historical  Society  gentlemen 
were  allowed  admittance  on  equal  terms. 

The  first  officers  of  the  ladies'  society  of  the  year  1872,  who  retained  their 
positions  until  the  incorporation  in  1889,  were:  President,  Linda  W.  Slaughter; 
board  of  directors,  Lucy  Baily,  Phoebe  A.  Marsh,  Charlotte  H.  Davis,  Nina  B. 
Emmons,  Linda  W.  Slaughter,  Mrs.  Alice  O'Brien.  The  oldest  of  the  old  settler 
ladies  was  honorary  president,  and  Miss  Rosalind  C.  Slaughter,  the  youngest, 
was  secretary-.  Mrs.  John  P.  Dunn  and  I\'Irs.  Winnifred  Nichols,  settlers  of 
1873,  were  later  members. 

Mrs.  Alice  O'Brien  was  born  in  Ireland  and  came  to  Bismarck  in  Julv,  1S72, 
with  her  husband,  Matheus  O'Brien.  Their  family  consisted  of  Mrs.  Sebry,  the 
aged  mother  of  Mrs.  O'Brien,  and  a  large  group  of  sons  and  daughters.     Several 


526  HISTORY  OF  NORTH  DAKOTA 

of  the  latter  were  married  to  farmers,  who  were  the  first  to  open   farms  near 
the  new  city. 

Mrs.  Linda  W.  Slaughter  was  the  wife  of  Dr.  B.  Frank  Slaughter,  post  sur- 
geon of  Camp  Hancock,  and  came  to  Bismarck  from  Fort  Rice  in  August,  1872, 
with  her  husband  and  baby.  Dr.  Slaughter  resigned  from  the  army  in  November, 
1873,  to  become  a  citizen  of  Bismarck,  and  both  husband  and  wife  were  iden- 
tified with  the  leading  events  of  the  early  years  in  the  new  city.  Dr.  Slaughter 
died  December  26,  1896,  of  paralysis. 

Mrs.  Thomas  Van  Etten  came  to  Bismarck  from  Minnesota  with  her  husband 
and  family  in  1873  and  resided  on  a  farm  near  Bismarck  until  1882,  when,  hav- 
ing realized  a  large  sum  from  the  sale  of  their  land,  they  returned  to  their  old 
home  in  Minnesota.     Mrs.  Van  Etten  afterwards  died  of  consumption. 

Airs.  Nina  B.  Emmons  was  the  wife  of  James  A.  Emmons,  one  of  the  first 
board  of  commissioners  of  Burleigh  County,  and  a  leading  business  man  of  Bis- 
marck. She  came  to  Bismarck  in  September,  1872,  and  was  the  first  bride  in 
Bismarck.     They  removed  to  Nebraska  in  1885. 

Mrs.  Charlotte  H.  Davis  was  the  wife  of  Thomas  P.  Davis,  one  of  the  early 
contractors  on  the  Northern  Pacific  grade.  They  came  to  Bismarck  in  1872. 
Mr.  Davis  was  killed  by  accident  in  Bismarck  in  1894  and  Mrs.  Davis  returned 
to  her  old  home  in  Canada. 

Mrs.  Lucy  Baily  came  to  Bismarck  with  her  husband,  James  Buell  Baily,  in 
August,  1872.  They  were  for  some  years  engaged  in  the  business  of  hotel  keep- 
ing.   Mr.  Baily  died  in  1879  ^"d  Mrs.  Baily  in  January,  1895. 

Miss  Rosalind  C.  Slaughter,  who  was  for  so  long  the  faithful  secretary  of 
the  society,  is  the  daughter  of  Dr.  B.  F.  and  Linda  W.  Slaughter  and  was  a  babe 
in  arms  when  she  came  to  Camp  Hancock  with  her  parents  in  1872.  She  attended 
school  in  Bismarck  and  Washington,  D.  C.  On  October  21,  1896,  she  was  mar- 
ried to  Mr.  A.  W.  Dearborn  of  Eagle  Lake,  Minn.,  where  she  now  resides  with 
her  husband. 

Mrs.  Christina  Dunn  came  to  Bismarck  in  1873  and  is  the  wife  of  John  P. 
Dunn,  one  of  the  first  board  of  commissioners  of  Burleigh  County,  and  long 
engaged  as  a  druggist  in  Bismarck,  where  she  still  resides.  Mrs.  Dunn  is  now 
engaged  in  millinery  at  Bismarck. 

Mrs.  Winnifred  Nichols  came  to  Bismarck  in  1873  with  her  husband,  John 
Nichols,  and  their  family  of  children.  They  long  resided  on  a  farm  near  the 
city.  Mr.  Nichols  died  in  1896.  Mrs.  Nichols  and  several  of  their  daughters 
now  reside  in  Bismarck. 

]\Irs.  Phoebe 'A.  Marsh  came  to  Bismarck  with  her  husband,  R.  R.  Marsh, 
from  Pennsylvania  in  1872  and  opened  the  Capitol  Hotel  on  the  present  site  of 
the  Central  Block  on  Main  street.    They  now  reside  on  a  farm  near  Menoken. 

The  object  of  the  ladies'  society,  as  stated  in  their  constitution,  was  to  pro- 
mote friendship  and  good  will  among  the  old  settlers  of  Bismarck  and  Burleigh 
County  and  to  preserve  the  records  of  the  early  history  of  the  county  and  state 
in  correct  and  permanent  form. 

This  society  having  organized  under  the  name  of  North  Dakota  State  His- 
torical Society,  an  arrangement  was  made  with  them  whereby  they  merged  their 
organization  into  the  present  State  Historical  Society,  the  members  of  this  society 
becoming  honorary  members  of  the  new  organization. 


HILLSBORO  HIGH  SCHOOL 


HISTORY  OF  NORTH  DAKOTA  527 

RANSOM   COUNTY 

Early  in  1869  a  colonization  company  with  Capt.  Lafayette  Hadley  as  presi- 
dent came  to  Owego  Township  and  settled  on  what,  after  being  surveyed,  proved 
to  be  section  16.  They  named  the  company  "The  Owego  Colonization  Com- 
pany," platted  a  townsite  and  named  it  Owego  after  their  former  home  on  the 
Susquehanna.  Several  families  came  and  numerous  buildings  were  erected,  and 
the  colony  prospered  for  a  year  or  so.  During  the  following  summer  the  male 
members  of  the  colony,  who  were  old  enough,  all  went  to  work  on  the  Northern 
Pacific  Railroad,  and  an  "Indian  scare"  drove  all  the  families  away.  The  town- 
site  scheme  was  abandoned  and  the  buildings  burned  by  the  Indians.  Samuel 
Horton  was  a  member  of  this  colony  and  lived  there  with  his  family. 

William  Hutchins,  the  oldest  resident  of  the  county,  freighted  through  the 
county  in  1868.  At  that  time  there  were  two  residents,  John  Knudson,  a  Nor- 
wegian, living  on  the  Sheyenne  River  on  section  2  in  Owego  Township,  and  Dave 
Faribault,  a  half-breed  Sioux  and  nephew  of  the  old  Chief  Faribault,  was  living 
on  the  Sheyenne  near  the  present  residence  of  H.  S.  Gates.  Faribault  kept  a 
Government  station,  but  his  place  being  out  of  the  direct  line  of  travel,  he  was 
removed  to  a  point  near  Owego,  called  in  that  day  "Pigeon  Point,"  where  he 
kept  a  station  for  several  years. 

The  first  land  was  entered  in  1870  by  Peter  Bonner  at  a  point  now  known 
as  Bonnersville  on  the  Sheyenne  River. 

A  little  later  Herman  and  Helmuth  Schultz  and  F.  Bagnhn  settled  in  Owego 
Township,  near  the  old  colony  townsite.  Joseph  L.  Cotton  was  the  first  settler 
on  the  townsite  of  Lisbon,  where  he  built  a  mill  in  1878,  and  laid  out  the  town 
in  September,  1880. 

Fort  Ransom  was  established  in  1866  for  the  purpose  of  keeping  the  hostile 
Sioux  in  check,  and  guarding  the  trains  of  emigrants  going  westward.  It  was 
named  for  Gen.  T.  E.  G.  Ransom  of  the  volunteer  army,  and  the  county  was 
named  for  this  fort.  The  old  earthwork,  in  the  form  of  a  quadrangle  about 
two  hundred  and  fifty  by  three  hundred  feet  in  dimensions,  and  six  feet  high, 
portions  of  the  powder  magazine  and  cellars  and  fragments  of  buildings,  the  old 
lime  kiln  and  slaughter  houses,  are  yet  to  be  seen.  On  the  brow  of  the  hill  north 
of  the  fort  are  the  remains  of  six  graves  walled  up  with  stone  and  mortar,  where 
soldiers  were  buried  and  the  bodies  afterward  removed. 

The  fort  was  abandoned  in  1872  and  moved  to  Fort  Seward,  near  James- 
town. The  buildings  left  by  the  Government  were  stolen  by  the  early  settlers 
as  usual. 

The  old  "Oregon  Trail"  crosses  the  county  diagonally  about  six  miles  south 
of  Lisbon.  On  the  SE  J4  oi  2-133-56  is  a  large  camping  place  with  earthworks 
thrown  up  in  a  circle  over  forty  rods  across  where  the  Oregon  emigrants  pro- 
tected themselves  against  an  attack  from  the  Indians. 

The  remains  of  several  Indian  gardens  and  villages  are  yet  visible  along  the 
Sheyenne  Valley.  At  the  old  crossing  near  J.  E.  Brunton's  is  the  outline  of  a 
large  village  and  near  it  are  earthworks  built  by  white  men  to  guard  the  ford 
and  as  a  camp  for  benighted  travelers. 

Sibley's  expedition  crossed  the  Sheyenne  and  established  Camp  Hayes  and 
celebrated  the  4th  of  July,  1863.    Ex-Governor  Horace  Austin  of  Minnesota,  then 


528  HISTORY  OF  NORTH  DAKOTA 

captain  of  Company  B,  First  Regiment,  Mounted  Rangers,  addressed  the  troops, 
being  the  first  4th  of  July  oration  deUvered  in  Ransom  County.  A  tall  liberty 
pole  of  white  ash  was  erected.  The  expedition  passed  about  a  mile  and  a  half 
north  of  Lisbon  and  established  "Camp  Wharton"  on  sections  19  and  20,  town- 
ship 13s,  range  56,  where  it  halted  until  Sunday  morning,  July  12th,  waiting  for 
a  supply  train  to  arrive  from  Alexandria,  Minn.,  when  it  passed  on  and  crossed 
the  Sheyenne  River  at  Stony  Ford  near  Sorenson's  Mills  in  Barnes  County. 

Ransom  County  was  created  by  act  of  the  Territorial  Legislature,  January  4, 
1873,  from  Pembina,  and  by  act  of  the  Legislature,  February  7,  1877,  the  County 
of  Ransom  was  attached  to  the  County  of  Richland  for  the  purpose  of  recording 
deeds,  mortgages  and  other  instruments. 

On  March  7,  1881,  Governor  Ordway  appointed  as  commissioners  Frank 
Probert,  Gilbert  Hanson  and  George  H.  Colton.  Their  first  meeting  was  held 
April  4,  1881,  and  Frank  Probert  was  chosen  chairman.  At  the  meeting  next 
day  the  "county  seat  was  located  at  Lisbon."  The  following  officers  were 
appointed :  J.  L.  Colton,  register  of  deeds  and  county  clerk ;  George  H.  Man- 
ning, sheriff ;  A.  H.  Moore,  deputy  sheriff ;  John  Kinan,  treasurer ;  J.  P.  Knight, 
judge  of  probate;  M.  A.  Smith,  assessor;  Peter  H.  Benson,  Thomas  Olson,  Amos 
Hitchcock  and  Thomas  Harris,  Sr.,  justices  of  the  peace;  John  Ording,  Soloman 
Robinson,  Orlando-  Foster  and  Edward  Ash,  constables ;  Eben  W.  Knight,  super- 
intendent of  schools;  E.  C.  Pindall,  county  surveyor;  W.  W.  Bradley,  coroner. 
Joseph  J.  Rogers  was  employed  as  counsel  for  the  board  of  commissioners. 

Janviary  i,  1883,  the  following  officers  qualified:  D.  F.  Ellsworth,  Randolph 
Holding  and  M.  L.  Engle,  commissioners;  A.  H.  Laughlin,  register  of  deeds; 
A.  C.  Kvella,  treasurer,  and  A.  H.  Moore,  sheriff.  M.  L.  Engle  was  elected 
chainnan  of  the  board. 

Among  the  old  settlers  who  came  previous  to  1884  were:  W.  H.  Smith, 
J.  S.  Cole,  S.  Robinson,  Judge  E.  J.  Ryman,  J.  Peterman,  F.  P.  Allen,  H.  A. 
Haugan,  A.  Sandager,  Thomas  A.  Curtis,  H.  K.  Adams,  R.  S.  Adams,  A.  John- 
son, M.  B.  Rose,  A.  H.  Laughlin,  M.  E.  Moore,  Stewart  Heron,  H.  H.  Grover, 
H.  S.  Grover,  Thomas  J.  Harris,  E.  S.  Lovelace,  T.  J.  Walker,  Thomas  E. 
Harris,  S.  W.  Bale,  John  E.  Fleming,  W.  W.  Moore,  Robert  Perigo,  G.  E. 
Knapp,  D.  H.  Buttz,  Fred  K.  Moore,  L  J.  Oliver,  John  H.  Oerding,  P.  W. 
Skiffington,  F.  W.  Baguhn,  J.  S.  Sullivan,  F.  M.  Probert,  Joseph  Goodman, 
P.  P.  Goodman,  M.  L.  Engle,  H.  S.  Oliver,  T.  M.  Elliott,  William  Trumble,  J.  E. 
Wisner,  Maj.  C.  W.  'Buttz  and  J.  E.  Brunton. 

TOWNER   COUNTY       " 

Towner  County,  named  for  Col.  O.  M.  Towner,  a  prominent  figure  in  the 
early  days  of  North  Dakota,  founder  of  the  Elk  Valley  farm,  and  other  important 
enterprises,  was  created  March  8,  1883,  from  parts  of  Caviller  and  Rolette 
counties. 

The  county  was  first  settled  in  1881  and  was  organized  in  1883  by  the  appoint- 
ment, November  6  of  that  year,  of  P.  T.  Parker,  H.  C.  Davis  and  J.  W.  Connella 
as  county  commissioners,  but  J.  S.  Conyer  was  substituted  for  the  latter  on  the 
day  of  organization. 

In   1886  Cando  was  established  and  forty  acres  scripped  and  laid  out  as  a 


HISTORY  OF  NORTH  DAKOTA  529 

townsite  by  J.  A.  Percival  of  Devils  Lake,  who  also  purchased  the  three  adjoin- 
ing forties  entered  by  H.  C.  Davis. 

June  2,  1884,  the  county  was  divided  into  school  districts  and  the  following 
were  appointed  as  judges  of  school  election :  District  No.  i,  J.  L.  Miller,  J.  H. 
McCune  and  Frederick  Lemke — election  at  A.  S.  Gibbens' ;  district  No.  2,  Frank 
Blair,  C.  C.  Edwards  and  J.  W.  Hardee — election  at  the  county  building. 

The  county  was  divided  into  commissioner  districts  in  October,  and  voting 
precincts  and  judges  were  ordered  as  follows:  At  the  store  of  W.  H.  Lane, 
T.  W.  Conyers,  A.  S.  Gibbens  and  T.  F.  Hesse,  judges;  at  the  county  building, 
John  Smith,  C.  C.  Marks  and  Mike  Rocke,  judges ;  at  Richard  D.  Cowan's, 
James  Dunphy,  George  Edmonson  and  J.  Pinkerton,  judges. 

The  county  officers  elected  that  fall  were  H.  C.  Davis,  J.  S.  Conyers  and 
R.  D.  Cowan,  commissioners ;  W.  E.  Pew,  register  of  deeds ;  W.  H.  Lane,  super- 
intendent of  schools;  J.  W.  Hardee,  judge  of  probate;  Edv^^ard  Gorman,  sheriff; 
T.  W.  Conyers,  coroner;  James  Dunphy  and  John  Nelson,  justices  of  the  peace; 
John  Rocke,  treasurer;  R.  J.  Cowan,  assessor;  R.  D.  Cowan,  constable.  A.  M. 
Powell  continued  to  act  as  clerk  of  the  court. 

A  prominent  factor  in  the  early  settlement  of  Towner  County  in  1883  was 
the  Missouri  Colony.  They  came  largely  from  Pike  County,  which  has  fur- 
nished many  immigrants  for  all  portions  of  the  North  and  West,  and  is  famous 
from  once  having  been  the  home  of  Joseph  Bowers  and  his  red-headed  rival,  who 
married  Joe's  sweetheart  when  he  was  off  in  California  trying  to  raise  a  stake. 

This  colony  consisted  of  about  forty  men,  and  they  had  seventy  carloads  of 
stock  and  immigrant  movables.  Among  them  was  Capt.  P.  P.  Parker,  Frank  L. 
Wilson,  Col.  John  Ely,  J.  H.  McCune,  James  H.  McPike,  A.  H.  Riggs,  George 
W.  Clifton,  A.  H.  Steele,  William  Steele,  Wilson  Williams,  Guy  M.  Germond, 
C.  B.  Riggs,  T.  W.  Conyers,  Ed  Preist,  James  M.  Hanson,  Joseph  Grotte,  John 
Crow  and  Amos  Glasscock. 


CHAPTER  XXXIV 
HISTORY  OF  BANKING  IN  NORTH  DAKOTA 

The  Dakotas  claim  the  distinction  of  the  oldest  State  Bankers  Association  in 
the  United  States,  the  Dakota  Bankers  Association  having  been  organized  in 
1885,  with  D.  W.  Diggs  as  president;  R.  C.  Anderson,  first  vice  president;  M.  P. 
Beebee  as  treasurer,  and  Eugene  Steere  as  secretary. 

The  first  convention  was  held  at  Aberdeen,  in  May,  1885.  At  that  meeting 
eighteen  members,  coming  from  dift'erent  parts  of  what  was  then  the  Territory 
of  Dakota,  were  enrolled  as  the  original  membership  of  the  Dakota  Association. 

May  24th  and  25th,  1887,  the  annual  convention  of  the  Dakota  Bankers  Asso- 
ciation was  held  at  Watertown,  and  the  membership  at  that  time  numbered 
eighty-two.  The  officers  of  the  association  in  1887  were:  President,  Charles  E. 
Judd,  cashier  of  the  Dakota  Loan  &  Trust  Company  of  Canton;  R.  C.  Anderson, 
as  vice  president,  cashier  of  the  Bank  of  St.  Lawrence,  with  twenty-four  vice 
presidents  coming  from  various  parts  of  the  territory.  M.  P.  Beebee,  president 
of  the  Bank  of  Ipswich,  was  still  treasurer  of  the  association  and  Eugene  Steere, 
cashier  of  the  Citizens  Bank  of  Pierre,  secretary. 

One  of  the  interesting  features  at  the  convention  of  1887  was  a  historical 
paper  covering  banking  in  Dakota,  by  Frank  Drew,  at  that  time  cashier  of  the 
Bank  of  Highmore,  from  which  the  following  sketch  has  been  taken. 

"The  first  banking  institution,  in  the  ihen  Territory  of  Dakota,  was  located 
in  the  City  of  Yankton,  which  at  that  time  was  a  rival  of  her  now  more  popular 
neighbor,  Sioux  City,  which  city  in  1872  numbered  a  population  of  but  3,000. 
Mark  M.  Palmer,  a  young  man  of  twenty-three  years  of  age,  at  that  time,  was 
the  first  person  to  open  a  bank  in  Dakota.  In  the  fall  of  1869  this  bank  was 
opened  on  Second  Street  in  Yankton,  as  a  private  bank,  the  partners  being  S. 
Drew,  who  later  on  was  cashier  of  the  James  River  Bank  of  Frankfort,  Dak., 
and  Frank  Drew,  later  cashier  of  the  Bank  of  Highmore.  Mr.  Palmer  failed  and 
retired  from  the  banking  business  in  January,  1878.  At  that  time  no  railroad 
had  entered  the  domain  of  the  great  commonwealth  of  the  Territory  of  Dakota, 
and  business  transactions  were  necessarily  slow  to  accommodate  the  old-time 
Concord  coach,  which  daily  drove  up  to  the  postoffice,  and  deposited  the  mail, 
and  delivered  to  the  bank  such  currency,  specie,  etc.,  as  it  received  from  the 
outside  world." 

In  1873  the  locomotive  appeared  in  Dakota  Territory  and  the  Concord  coach 
was  relegated  to  tlie  frontier.  Yankton  drew  trade  from  an  enormous  territory 
and  the  accounts  of  this  pioneer  bank  were  the  accounts  of  business  men.  in- 
dividuals, Indian  agents,  post-traders,  and  others,  furnishing  the  bank  with  a 
large   and   widely   distributed  business.      Borrowers   were   then    accustomed   to 

530 


HISTORY  OF  NORTH  DAKOTA  531 

giving  personal  security  only.  The  chattel  mortgage,  the  popular  form  o£  security 
in  the  Northwest,  being  a  creation  of  later  days.  A  most  profitable  source  of 
revenue  for  the  bank  was  that  of  advancing  officers,  pay  accounts.  For  the 
ready  cash,  a  liberal  discount  was  not  objected  to  by  officers  of  the  Government 
then  in  the  frontier  service. 

The  second  bank  organized  in  the  frontier  territory  was  the  Clay  County 
Bank  (not  incorporated),  organized  September  21,  1871,  at  Vermilion,  with 
V.  C.  Prentice  as  president,  and  Henry  Newton  as  cashier.  After  a  successful 
career  of  seven  years  this  bank  went  out  of  existence  September  4,  1878,  announc- 
ing to  its  depositors  their  ability  to  pay  all  claims  on  demand.  Mr.  Prentice  later 
on  resided  at  Pierre,  S.  Dak.,  and  Mr.  Newton  at  Vermilion. 

The  third  bank  on  the  list  was  started  at  Elk  Point,  under  the  name  of  the 
Bank  of  Union  County,  in  the  spring  of  1872,  by  W.  Hoffman,  who  was  also 
interested  in  the  milling  business  at  that  point.  He  failed  in  business  in  1875, 
and  died  in  the  Black  Hills  in  1877. 

The  fourth  bank  was  started  in  Yankton  in  the  fall  of  1872,  by  P.  P.  Winter- 
mute,  the  slayer  of  the  brilliant  Gen.  Edwin  S.  McCook,  then  secretary  of  the 
territory.  This  unfortunate  affair  occurred  on  the  night  of  September  11,  1873, 
in  the  hall  of  the  St.  Charles  Hotel  at  Yankton,  at  a  meeting  called  by  the  citizens 
to  consider  the  proposition  of  the  incoming  of  the  Dakota  Railroad.  Mr.  Winter- 
mute's  career  as  a  banker  then  ended.  He  was  tried,  convicted  and  sentenced  to 
ten  years,  but  afterward  obtained  a  new  trial  and  was  acquitted  at  Vermilion, 
Dak.  His  liberty  was  of  short  duration,  however,  as  his  death  occurred  in 
Florida  in  1877,  where  he  had  gone  to  recuperate  a  shattered  constitution.  The 
bank  he  founded  was  purchased  by  Edmunds  and  Wynn,  under  the  title  of  the 
Yankton  Bank,  which  was  succeeded  by  the  Edmunds-Hudson  Co.,  they  being 
succeeded  by  Edmunds  &  Sons.  Newton  Edmunds,  senior  member  of  the  firm, 
was  honored  -by  many  public  trusts,  among  others  being  governor  of  the  Terri- 
tory of  Dakota.    All  of  the  banks  mentioned  so  far  were  private  institutions. 

In  the  winter  of  1872,  the  First  National  Bank  of  Yankton  was  organized 
with  a  capital  of  $50,000,  the  first  of  its  kind  in  the  territory  and  was  officered 
by  the  Hon.  Moses  K.  Armstrong,  president,  then  a  delegate  to  Congress,  and 
Mark  Palmer,  cashier.  Mr.  Palmer  still  continuing  his  private  banking  business. 
In  1873  S.  B.  Coulson  purchased  the  interest  held  by  Mr.  Palmer  and  the  man- 
agement fell  into  the  hands  of  J-  C.  McVey,  president,  and  C.  E.  Sanborn,  cashier, 
Mr.  Armstrong  having  retired. 

The  First  National  Bank  of  Yankton  is  an  example  of  what  good  manage- 
ment will  produce.  It  still  stands  among  the  leading  financial  institutions  of  the 
two  Dakotas,  with  an  uninterrupted  history  of  prosperity  covering  a  period  of 
forty-four  years. 

The  sixth  bank  came  into  existence  in  Sioux  Falls  in  the  summer  of  1873, 
Jno.  D.  Cameron  being  proprietor  of  the  bank.  He  failed  in  1873,  and  was  suc- 
ceeded by  J-  D.  Young  &  Co.,  who  were  in  turn  succeeded  by  the  First  National 
Bank  of  Sioux  Falls,  which  failed  in  1886. 

The  seventh  bank  was  started  in  1875.  at  Bismarck,  Dak.,  Hon.  James.  W. 
Raymond,  later  territorial  treasurer,  and  afterward  president  of  the  North- 
western National  Bank  of   Minneapolis,  being  the  prime  mover  in  this  work. 


532  HISTORY  OF  NORTH  DAKOTA 

The  Bismarck  National  Bank  with  James  W.  Raymond  as  president  and  Wil- 
liam Bell  cashier,  was  the  outcome  of  this  bank. 

It  was  just  at  this  time  that  Dakota  Territory  entered  upon  an  era  of  railroad 
building,  bringing  into  existence  many  new  towns,  and  among  other  things, 
numerous  banking  institutions.  By  this  time  modes  of  doing  business  had  some- 
what changed.  Loans  were  made  on  chattel  mortgages,  the  forms  of  which  have 
varied  with  each  succeeding  session  of  the  Legislature.  Dakota  investments  so 
long  held  in  doubt  were  becoming  prominent  and  sought  after.  The  business  of 
first  mortgage  farm  loans  had  grown  to  a  proportion  far  exceeding  expectations, 
and  was  handled  by  institutions  in  and  out  of  the  territory.  The  earliest  organizers 
of  this  branch  of  business  was  the  firm  of  Foster  &  Hayworth,  who  conducted 
a  farm  and  loan  business  in  Yankton  from  1872  to  1876.  A  number  of  banks 
had  sprung  into  existence  in  that  part  of  the  territory,  which  is  now  the  State  of 
North  Dakota,  all  of  which  have  gone  out  of  existence  with  the  exception  of  the 
First  National  Bank  of  Fargo,  which  was  organized  in  February,  1878. 

The  first  published  statement  of  this  bank  was  printed  March  15,  1878,  show- 
ing a  paid-up  capital  of  $61,000,  deposits  of  $12,000,  and  loans  and  discounts, 
$27,000.  E.  B.  Eddy  was  president,  and  E.  C.  Eddy,  who  still  resides  in  Fargo, 
N.  Dak.,  was  cashier.  The  First  National  Bank  of  Fargo  claims  the  distinction 
of  being  the  oldest  and  largest  bank  in  the  State  of  North  Dakota.  Its  present 
capital  is  $300,000,  surplus  and  undivided  profits,  $250,000,  and  deposits,  $5,- 
500,000.  Its  active  officers  at  the  present  time  being  E.  J.  Weiser,  president; 
F.  A.  Irish,  vice  president,  and  G.  H.  Nesbit,  cashier. 

In  the  years  of  1880-81-82  banks  in  the  Territory  of  Dakota  flourished  like 
mushrooms  and  the  first  thing  to  catch  the  eye  on  entering  a  new  town  was  a 
bank  building  and  then  a  saloon.  During  these  years  the  railroads  were  extend- 
ing their  lines  in  every  direction,  weaving  into  a  giant  cobweb  the  commercial 
interests  of  Dakota.  Huron  came  into  notice  in  1880,  and  December  23d  of  that 
year  the  first  bank  was  started  in  Huron  by  C.  C.  Hills,  since  deceased. 

E.  Steere  landed  in  Huron  January  3,  1881,  with  an  embryo  bank  in  his 
pocket,  thinking  he  was  the  first  man  on  deck,  but  after  a  night's  sleep  and  a 
little  investigation  in  the  morning  he  discovered  his  mistake  and  upon  calling  at 
the  bank  already  started  he  found  an  old-time  friend.  After  a  careful  sizing  up 
of  the  situation  the  conclusion  was  reached  that  Huron  would  not  need  two 
banks  for  some  time  to  come.  Mr.  Steere  went  on  to  Pierre,  and  started  the 
Citizens  Bank,  which  for  many  years  was  the  oldest  bank  in  that  portion  of 
Dakota.  Later  on  in-  the  fall  of  the  year  1881,  Frank  Stevens  started  the  Beadle 
County  Bank,  the  second  incorporated  institution  of  its  kind  in  the  territory. 

The  Citizens  Bank  of  Grand  Forks  was  organized  in  1878  with  J.  W.  Smith 
as  president  and  S.  S.  Titus  as  cashier.  This  bank  developed  into  the  First 
National  Bank  of  Grand  Forks  with  J.  W.  Smith  as  president  and  S.  S.  Titus 
as  cashier.  The  First  National  Bank  of  Grand  Forks  is  still  a  flourishing 
institution.  It's  officers  are:  S.  S.  Titus,  chairman  of  the  board  of  directors, 
A.  I.  Hunter,  president,  and  J.  R.  Carley,  cashier. 

In  1889  the  Territory  of  Dakota  was  divided  into  the  states  of  North  and 
South  Dakota,  the  principal  cities  of  North  Dakota  at  that  time  being  Fargo, 
Grand  Forks,  Bismarck,  Jamestown,  Valley  City,  Grafton,  Devils  Lake  and 
Minot,  and  other  smaller  towns  there  had  flourishing  banks,  and  the  business 


HISTORY  OF  NORTH  DAKOTA  533 

of  banking  grew  to  enormous  proportions.  At  that  time  the  Dakota  Bankers 
Association  went  out  of  existence  and  tlie  North  Dakota  Bankers  Association 
and  the  South  Dakota  Bankers  Association  were  organized. 

The  first  officers  of  the  North  Dakota  Association  were  Charles  A.  Morton, 
of  Fargo,  president ;  E.  P.  Wells,  of  Jamestown,  first  vice  president ;  R.  S.  Adams, 
of  Lisbon,  treasurer;  and  George  B.  Clifford,  of  Grand  Forks,  secretary.  The 
North  Dakota  Association  flourished  for  several  years,  but  was  finally  abandoned 
and  an  effort  was  made  to  reorganize  the  association  in  1894,  but  after  holding 
two  meetings  the  organization  was  again  abandoned,  and  not  until  1903  was 
another  effort  made  to  organize  a  state  association  when  through  the  efforts  of 
F.  W.  Cathro,  cashier  of  the  First  National  Bank  of  Bottineau,  a  meeting  of  the 
bankers  of  the  state  was  held  at  Grand  Forks  on  Thursday  and  Friday,  August 
27th  and  28th,  for  the  purpose  of  reorganizing  the  North  Dakota  Association. 

Every  banker  in  the  state  was  cordially  invited  to  participate  in  the  organ- 
ization, the  call  being  signed  by  twenty-one  bankers  located  in  as  many  different 
cities  in  the  state.  A  meeting  was  organized  by  the  election  of  F.  W.  Cathro  of 
Bottineau,  as  temporary  chairman  ;  W.  C.  Macfadden  of  Fargo,  as  temporary 
secretary;  and  M.  J.  Liverman  of  Grand  Forks,  as  temporary  assistant  secretary 
and  stenographer.  At  the  conclusion  of  the  organization  meeting  officers  for  the 
ensuing  year  were  elected  as  follows:  S.  S.  Lyon  of  Fargo,  president;  M.  F. 
Murphy  of  Grand  Forks,  vice  president;  J.  H.  Terrett  of  Michigan  City,  treas- 
urer ;  and  W.  C.  Macfadden  of  Fargo,  secretary. 

In  1906  the  North  Dakota  Bankers  Association  was  incorporated  under  the 
laws  of  the  State  of  North  Dakota  and  in  1914  permanent  offices  were  provided, 
and  W.  C.  Macfadden  elected  as  state  secretary  of  the  association,  he  devoting 
his  entire  time  to  the  business  of  the  association  since  that  date.  From  the  years 
1903  to  1916  the  following  gentlemen  have  served  as  presidents  of  the  association : 
F.  W.  Cathro,  Bottineau,  N.  Dak. ;  S.  S.  Lyon,  Fargo,  N.  Dak. ;  M.  F.  Murphy, 
Grand  Forks,  N.  Dark. ;  L.  B.  Hanna,  Fargo,  N.  Dak. ;  J.  L.  Cashel,  Grafton, 
N.  Dak.;  C.  E.  Batcheller,  Fingal,  N.  Dak.;  C.  J.  Lord,  Cando,  N.  Dak;  W.  C. 
McDowell,  Marion,  N.  Dak. ;  Karl  J.  Farup,  Park  River,  N.  Dak. ;  R.  S.  Adams, 
Lisbon,  N,  Dak. ;  Lewis  F.  Crawford,  Sentinel  Butte,  N.  Dak. ;  J.  J.  Nierling, 
Jamestown.  N.  Dak. ;  W.  D.  McClintock,  Rugby,  N.  Dak. ;  J.  E.  Phelan,  Bowman, 
N.  Dak.  The  present  officers  being  J.  E.  Phelan  of  Bowman,  president;  C.  R. 
Green  of  Cavalier,  vice  president;  W.  S.  McClintock  of  Rugby,  chairman  of  the 
executive  council;  W.  F.  Hanks  of  Powers  Lake,  treasurer;  and  W.  C.  Mac- 
fadden of  Fargo,  secretary. 

At  the  annual  convention  held  in  Fargo,  July  14  and  15,  1904,  a  total  of  291 
banks  in  North  Dakota  was  shown,  79  national  banks  with  an  aggregate  capital 
of  $2,725,000,  and  212  state  banks  with  an  aggregate  capital  of  $2,357,000,  or  a 
total  banking  capital  of  $5,082,000.  In  igi2  the  financial  institutions  in  the 
state  were  as  follows:  state  banks,  596;  trust  companies,  3;  national  banks, 
146;  total,  745.  In  June,  1916,  the  total  number  of  banks  and  trust  companies 
in  the  state  had  increased  to  151  national  banks,  4  trust  companies,  658  state 
banks,  making  a  total  of  823  institutions.  Nine  million  seven  hundred  thirteen 
thousand  dollars  total  capital  for  the  state  banks  and  $5,625,000  as  the  aggregate 
capital  of  the  national  banks,  and  $500,000  capital  for  the  trust  companies,  with 


534  HISTORY  OF  NORTH  DAKOTA 

total  deposits  for  the  state  banks  of  approximately  $80,000,000  and  total  deposits 
of  the  national  banks  approximately  $35,000,000. 

Annual  conventions  of  the  state  association  are  held,  at  which  topics  of  gen- 
eral interest  to  the  state  are  discussed  and  to  the  North  Dakota  Bankers  Associa- 
tion can  a  very  large  amount  of  credit  be  rightfully  given  for  the  development 
of  the  commonwealth. 

BANKS  OF  DAKOTA  TERRITORY  AS  SHOVl^N   BY  THE  REPORT  OF  THE   COMPTROLLER  OF 
CURRENCY  FOR  THE  YEAR   1889,  TOGETHER  WITH   CAPITAL  AND  RESOURCES 

Aggregate 

Name                                                                          Capital  Resources 

First  National  Bank,  Aberdeen $  50,000  $176,659.89 

Aberdeen  National  Bank,  Aberdeen   75,ooo  208,504.65 

Northwestern  National  Bank,  Aberdeen 100,000  273,825.43 

First  National  Bank,  Bismarck 100,000  239,355.97 

Capital  National  Bank,  Bismarck 50,000  156,026.98 

First  National  Bank,  Brookings 50,000  159.633-57 

First  National  Bank,  Canton 50,000  126,634.48 

First  National  Bank,  Casselton 60,000  255,653.03 

First  National  Bank,  Chamberlain 50,000  146,463.27 

First  National  Bank,  Clark 60,000  144,949.70 

First  National  Bank,  Dead  wood 100,000  1,052,152.78 

Deadwood  National  Bank,  Deadwood 100,000  224,440.10 

Merchants  National  Bank,  Deadwood 100,000  244.250.19 

First  National  Bank,  Dell  Rapids 75,000  178,368.77 

First  National  Bank,  DeSmet 50,000  98,000.00 

First  National  Bank,  Devils  Lake 50,000  182,081.76 

Merchants  National  Bank,  Devils  Lake 50,000  116,604.92 

First  National  Bank,  Doland 50,000  96,537.82 

First  National  Bank,  Fargo 150,000  850,415.81 

Citizens  National  Bank,  Fargo 100,000  372,424.74 

Red  River  Valley  National  Bank,  Fargo 100,000  427,252.28 

First  National  Bank,  Grafton 50,000  210,134.29 

Grafton  National  Bank,  Grafton 50,000  169,188.63 

Second  National  Bank,  Grand  Forks 55,ooo  215,064.32 

Citizens  National  Bank,  Grand  Forks   100,000  419,956.91 

Grand  Forks  National  Bank,  Grand  Forks 60,000  266,907.80 

First  National  Bank,  Hillsboro 50,000  246,110.54 

Hillsboro  National  Bank,  Hillsboro 50,000  162,323.79 

First  National  Bank,  Huron 75,ooo  346,629.22 

Beadle  County  National  Bank,  Huron 50,000  162,862.27 

Huron  National  Bank,  Huron 75.000  319,044.20 

National  Bank  of  Dakota,  Huron 50,000  138,904.1 1 

James  River  National  Bank,  Jamestown 50,000  155,819.37 

First  National  Bank,  Larimore 50,000  148,902.23 

First  National  Bank,  Lisbon   50,000  157,861.09 

First  National  Bank,  Madison 50,000  118,498.89 


HISTORY  OF  NORTH  DAKOTA  535 

Aggregate 

Name                                                                          Capital  Resources 

Citizens  National  Bank,  Madison 50,000  182,237.50 

First  National  Bank,  Mandan 50,000  169,134.49 

First  National  Bank,  Mayville 50,000  I55. 517-45 

First  National  Bank,  Minot 50,000  80,258.72 

First  National  Bank,  Mitchell 50,000  234,128.52 

Mitchell  National  Bank,  Mitchell 50,000  127,472.39 

First  National  Bank,  Parker 50,000  117,277.93 

First  National  Bank,  Park  River 50,000  137,861.47 

First  National  Bank,  Pembina 50,000  205,773.03 

First  National  Bank,  Pierre  50,000  145,262.10 

Pierre  National  Bank,  Pierre 25,000  63,136.57 

First  National  Bank,  Rapid  City 50,000  334,010.78 

Black  Hills  National  Bank,  Rapid  City 125,000  264,073.34 

First  National  Bank,  Redfield 50,000  158,612.78 

Dakota  National  Bank,  Sioux  Falls 50,000  315,646.34 

Minnehaha  National  Bank,  Sioux  Falls 200,000  711,781.47 

Sioux  Falls  National  Bank,  Sioux  Falls 100,000  405,668.89 

First  National  Bank,  Sturgis 50,000  107,912.82 

First  National  Bank,  Valley  City 50,000  180,455.82 

Farmers  and  Merchants  National  Bank,  Valley  City.       65,000  126,170.55 

National  Bank,  Wahpeton 30,000  34,629.12 

First  National  Bank,  Watertown 50,000  153,512.21 

Citizens  National  Bank,  Watertown   50,000  163,088.07 

Watertown  National  Bank,  Watertown 50,000  129,862.14 

First  National  Bank,  Yankton 50,000  192,993.54 

ABSTRACT  OF  COMPARATIVE  STATEMENT  OF  THE  STATE  BANKS  AND  TRUST  COMPA- 
NIES IN  NORTH  DAKOTA  FOR  CALLS  AT  THE  CLOSE  OF  BUSINESS  ON  JUNE  30, 
AND  SEPTEMBER    12,    I916. 

658  State  Banks        671  State  Banks 

4  Trust  Companies  4  Trust  Companies  Increase  (I) 

reporting  on              reporting  on  and 

Resources                        June30,  1916          Sept.  12,  1916  Decrease  (D) 

Loans  and  Discounts $65,818,820.44         $  68,787,936.43  $2,969,115.99  I 

Overdrafts    242,895.08                  279,833.39  36,938.31   I 

Warrants,  Claims,  etc 1,867,701.22               1,925,382.60  57,681.381 

Banking    House    Furniture 

and  Fixtures 3.092,653.33               3,205,137.11  112,483.78  I 

Other  Real  Estate   2,045,566.83               2,116,683.66  71,116.83  I 

Due    from    Approved    Re- 
serve Agents  14,036,880.90             19,243,214.41  5,206,333.51   I 

Due  from  Other  Banks.  .. .        978,102.38               1,336,409.54  358,307.161 

Cash  Items 516,363.22                  485,665.87  30,697.350 

Cash  on  Hand 2,336,432.90               2,792,048.81  455,615.91   I 

Totals    $90,935,416.30         $100,172,311.82  $9,236,895,521 


536 


HISTORY  OF  NORTH  DAKOTA 


658  State  Banks 
4  Trust  Companies 
reporting  on 
June  30,  1916 
Liabilities 

Capital  Stock   $  9,713,000.00 

Surplus  Fund 2,994,067.71 

Undivided  Profits  less  cur- 
rent expenses 659,005.20 

Due  to  other  banks 1,574,652.09 

Deposits  subject  to  check. .   29,266,223.87 
Demand  Certificates  of  De- 
posit            873,899.65 

Time  Certificates  of  Deposit  41,879,834.42 

Saving  Deposits  2,339,491.87 

Certified       and      Cashier's 

Checks    777,810.30 

Bills  Payable 644,438.00 

Re-Discounts    207,982.53 

Other  Liabihties 5,010.66 

Totals    $90,935,416.30 


671  State  Banks 

4  Trust  Companies 

reporting  on 

Sept.  12,  1916 

$     9,973.000.00 
3,052,082.22 

529,632.51 

2,092,861.33 

33.974.670-70 

874,363.58 
45,258,453.89 

2,459.925-67 

976,943.26 

760,562.12 

205,359.85 

14,456-69 


Increase   (I) 
and 
Decrease  (D) 

$    260,000.00  I 
58,014.51  I 

129,372.690 

518,209.24  I 

4,708,446.83  I 

463-93  I 
3,378,619.47  I 

120,433.80  I 

199.132-96  I 

116,124.12  I 

2,622.68  D 

9,446.03  I 


$100,172,311.82        $9,236,895.52  I 


NATION.^L    BANKS   OF    NORTH    DAKOTA    AS    SHOWN    BY   THE   REPORT   OF   THE    COMP- 
TROLLER OF  THE  CURRENCY.      REPORT  OF  SEPTEMBER  2,   I915.      CAPITAL^ 
AGGREGATE   RESOURCES   AND  DEPOSITS 


Location  and  name  of 
bank. 


President. 


Cashier. 


Total 
resources 

and 
liabilities. 


ibercrombie.  First [ngval  Johnson Franlslin  D.  Tonne.. 

imbrosc,  First  J.  L.  Mathews D.    C.   Hair 

Anamonse.  .\namoose J,  J.  Schmidt A.  .T.   HolTer 

Beach    First O.    C.   Attletweed L.    R.    Austin 

Beineld.   i'^irst R.C.Davis T.    O.    Milsten 

Binford.  First Lewis  Berg Oscar   Greenland    . . 

Blsbee,  First A.    Egeland .T.    G.    Behan 

Bismarcl<.  First C.    B.    Little Prank   K.    bhepard. . 

Bismarck.  City P.   C.   ReminBton .L   A.   Graham 

Bottineau.  First W.  H.  Mcintosh F.   W.    Cathro 

Bottineau.  Bottineau H.  A.  Batie G.    K.    Vikan 

Bowbells.  First A.  C.  Wiper B.    M.    Wolilwend.. 

Bowman.  First .T.  E.  Phelan Dugald    Stewart    ... 


Brinsraade,  First 
Buffalo.  First 

Cando,  First 

Cando.  Cando 

Carpio.  First 

Carrington.   First 

Casselton.  First 

Casselton.  Cass  County 

Cavalier.  First 

Churchs  Ferry.  First 


...E.  Bussbarth H.    .1.    Haugan. 

...E.   B.   More S.     G.     More 

...r.  J.  Lord     Harry   Lord    

. . .  C.  J.  Lofgren    D.   F.  McLaughlin. 

...S    J.    Rasmussen Oscar  Henim   

.  ..G.  VV.   C.   Ross G.  S.  Newberry 

.  ..R.    C.    Kittel W.    F.    Kittel 

Joseph    I.anges J.    L.    Gunkel 

H.    A.    Rygh A.    D.    Porter 

H.   C.  Hansen xr.   Engelliorn 


Cooperstown.  First H.  P.  Hammer Seval   Friswold    .. 

Courtenay.  Fhrst G.   W.  C.   Ross R.   V.    Reed 

Crary.  First J.    H.    Smith O.   C.   Sagmoen... 

Crosby.   Hrst E.  F.  Volkmann Harry    H.    Martin 

Crosby.  Citizeiw A.  M.  Eckraann Sigurd  Rue 

Crystal.  First Thos.  Ryan Guy   M.    .Tamieaon 

Devils  Lalte.  First H.    E.    Baird R.    V.    Bice 

Devils  Lake.  Ramsey  Co.. C.  M.   Fisher Blanding    Fisher 


_     „  _  _  154 

Dickinson,  First A.  Hilliard T.    A.    Tollefson 1,436.762 


$205, 
199, 
2S6, 
350. 
278, 
162, 
286, 
1,591, 
722, 
311, 
262, 
207. 
355, 
182, 
220, 
442. 
363. 
197, 
472, 
507, 
368. 
210, 
179, 
538. 
100, 
149, 
110, 
205, 
195, 
636, 
489 


625 
,331 
,659 
694 
019 
696 
880 
969 
274 
647 
963 
902 
079 
212 
793 
401 
,694 
,531 
,049 
,629 
500 
166 
,620 
,255 
,099 
,165 
197 
,374 
514 


Dickinson.' Dakota H.    C.    Chrisfensen D.    D.   Mars.. 

Dickinson.  Merchants. ..  .W.   L.  Richards Wilson  Eyer 


Drayton,  First J.  R.  Stong H.   A.  Thom 

East  Fairview,  First .\.  F.  Noble L.  P.   Lanouette 

Edgeley.  First W.  T.  Martin A.    J.    Kesler 

Edmore,  F-rst D.   H.    Beecher C.    C.    Honey 

Egela!id.    First D.  F.  McLaughlin Geo.    F.    Eisberry 

Ellendaie.  First F   B.    Gannon G.    E.    Lane 

Ellendale.  Ellendale F.   -T.   Graham H     C.    Peek 

Ellendaie.  Farmers P.    McGregor Albert   C.    Strand 

Fairmount.  First Geo.  W.  Mace Wm.  Dahlauist    

Fargo,  First E.   J.  Welser G,    H,    Npsh't 3,660 

Fargo,  Fargo M.    Hector G,    E.    Nichols 390 

Fargo.  Merchants .N.  A.  Lewis S.    S,    Ly^n 1.255 

Fessenden,  First H  Thorson H.  Ingraldson 330 


,433 
760 
,483 
,594 
,872 
,41s 
,560 
717 
382 
038 
,2.'<4 
,437 
,843 
164 


Capital.      Surplus. 


$25,000 
25.000 
25.000 
25,000 
25.030 
25.000 
25,0.10 

100.000 
50,050 
60,000 
25.000 
25.000 
25.030 
25,000 
25.tt00 
25.000 
25,000 
25.1100 
25.000 
50,000 
25,000 
25.000 
25,000 
50  ono 
25,000 
25,300 
25,000 
25,000 
25,000 
75,000 
50.003 

100,000 
50.030 
50,000 
25  000 
25,000 
.50.000 
25.000 
25,000 
25.030 
25.000 
25.000 
25.000 

330,000 
60.000 

100.000 
25,000 


$4,000 

5,030 

5,000 

11,000 

25,000 

5,000 

5,000 

100,000 

10.000 

10.000 

10.000 

5.000 

25.000 

5.000 

50.000 

35.000 

35,000 

5,000 

25,000 

10,000 

25,500 

1,400 

5,000 

50,000 

io'fioo 

1,000 

6,250 

6.003 

2.5,000 

10,000 

50,000 

40.000 

63,000 

25,000 

6,300 

10,000 

10,000 

7,000 

40,000 

4,300 

3,000 

5,000 

200.000 

10,000 

75.030 

5,000 


Undi- 

vided 

Demand 

Time 

profits. 

deposits. 

deposits. 

$31,595 

$94,035 

55.017 

79,437 

54.077 

151,776 

$1,416 

114,409 

155,461 

6,137 

92,743 

104,139 

468 

35,901 

78,827 

65,932 

150,956 

13,072 

865,249 

169,108 

8,057 

233,955 

224,153 

4,378 

47,147 

163,622 

69,120 

151,846 

98,174 

63.00D 

8,914 

111,464 

133,935 

37.902 

56.938 

1,777 

91.234 

27,684 

114,974 

240.427 

97,738 

179,337 

64,145 

77.386 

34,157 

246,802 

116.090 

7,363 

175,326 

154.198 

5.650 

139,746 

103,100 

2.046 

62,213 

88,815 

1,776 

52,101 

70,743 

5,216 

109.028 

203,728 

678 

23.665 

44.256 

52.206 

31.969 

29.487 

47.297 

84,757 

64,323 

707 

56,816 

60,990 

10,891 

351,858 

107,433 

23.404 

254,555 

138,171 

2,720 

356.570 

764,049 

4,930 

165,694 

87,825 

10,445 

261,933 

212,566 

2,558 

126,250 

129,952 

3.748 

42,240 

20,906 

6.637 

137.644 

199.691 

44,114 

151.508 

1,628 

24,225 

25,067 

8,978 

212.6,12 

116.471 

45,359 

74.985 

6.371 

66,719 

27.042 

51,615 

61,923 

29,965 

1,434.442 

705,013 

7.755 

220.334 

20.644 

25.974 

589.839 

288,628 

3.684 

91.703 

170,377 

HISTORY  OF  NORTH  DAKOTA 


537 


Location  and  name  of 
bank. 

Fingal,  First 

Finley.   I'lrst 

Formaii,    First 

Garrison,   First 

Goodrich,  First 

Grattun,  I'lrst  

Grafton,  Grafton  

Grand  I-'orks.  First 

Hampden,  First 

Hanltinsun,  mrst 

Hantiinson,  Citizens 

Itannalord.  First 

Harvey,  First 

Hattuii.  I'^rst 

Hatton,  Farmers  and 

aiercliants 

Hebron.    First 

Hettinger.  I-irst 

Hillsboro.    First 

Hillsboro.  Hillsboro 

Hope,  I'lrst  

Hope,  Hope 

Hunter,  First 

Jamestown,  Citizens  

Jamestown,  Farmers  and 

llerclianis  

Jamestown,  James  River. . 

Kenraare,  I'^rst   

Kenmare,  Keiimare    

Kramer,     First 

Laltota,   National 

La  .Moure.  First 

La  Moure,  Farmers 

Langdon,   First   

Langdon.  Cavalier  County. 

Lansford,  First 

Larimore,  National 

Leeds,  First 

Lidgerwood,  First 

Lidgenvood,  Farmers . , . . 

Linton.  First 

Lisbon,  First 

Litchville,  First 

Mandan,  First   

Mandan,  Merchants 

Marion,  First 

Marmarth.   First 

Mayville.  First 

McCluslsy,  First 

McHenry,  First 

McVille.  First 

Medina,  First 

Milnor.  First 

Milnor.  Milnor 

Milton.  First 

Minncwaultan.  First 

Minot.  Second  

Minot.    Union 

Mohall.  First 

Mott.  First 

Municli.  First 

New  England.  First 

New  Itorkford.  First 

New  Salem,  First 

Northwood,  First  

Northwond.  CMtizens 

Oakes.  First  

Oakes,  Oakea 

Onieniee.  First 

Osnabrock,  First 

Page,  First 

Park  River.  First 

Plaza.  First 

Portland.  First 

Reeder.  First 

Reynolds.  First 

Rock  Lake.  First 

Rolette.  First 

Rolla.  First 

Ryder,  First 

St.  Thomas,  First 

Sanbiini,  First 

Scranton.  First 

Sentinel  Btitte,  First 

Sharon.  First 

Sheldon,  First 

Sheycnne.  First 

Stanley.  First 

Starkweather.  First 

Steele,  l^rst 

Streeter.  First 

ToUey.    I'^rst 

Tower  City.  First 

Towner,  I'*irst 

Turtle  Lake,  First 

Valley  City,  First 

Valley  City.  American.. 

Wahpeton.  Citizens  

Wahpeton.  National  .,., 

Walhalla.  First 

Washburn.  First 

WllUston,    First 

Willow  City,   First 

Willow  city.    Merchants 

Wimbledon,  First 

Wimbledon,  Merchants  , 

Wyndmere,   First 


President. 


Cashier. 


Total 
resources 

and 
liabilities.     Capital. 


Undi- 
vided 
Siirplus.  proflts. 


Demand       Time 
deposits,  deposits. 


U    A.    Batcheller C.    B.    Batcheller i 

B.  Taisey E.    H.    Gilbertson 

J.  L.  Mitchell n.    L.    Hlmebaugh 

Adelbert  Tymeson,  Jr. . .  D.    P.    Robinson 

R.   W.   Akin Frank    Schroeder    

F.    H-   Sprague M.   H,   Sprague 

D,  C.  Moore D.    M.    Upham ■,... 

S.  S.  Titus .T.   R.   Carley 1, 

C.  D,    Lord E.     11.     Swarthout 

E,  L.  Kinney H.     A.     Merritleld 

I^.    Hunger H.  Kauthemer  

O.  E.  Thoreson R.    L.   Jones 

Aug.    Peterson J.    J.    Reimer 

M.  F.  Hegge Abraham  Hanson   

M     L.    Elken G.    H.    Bolken 

H.  R.  Lyon J.    H.    Watts 

C    E.    Batcheller A.   G.   Newman 

E.   Y.   Sarles B.    R.    Sarles 

J.   H.   Hanson Ole  .Aniegard  

J.   D.   Brown F.   W-   Ehred 

Ole  Amegard Geo.   A.    Warner 

J.  H.  Gale Peter    McLachlin 

J.    J.    Nierling C.    B.    Hodge 


Michael  Murphy R.    R.    Wolfer 

n.  T.  Graves A.    B.    De  Nault 

Charles  J.  Weiser David    Clark.    Jr 

J.    N.    Fox H.    P,   Thronson 

H.  Thorson H.    O.    Lyngstad 

G,   W.   C.    Ross R.    D.    Swengel 

David    Lloyd Paul    Adams    

H.  Neverman T.    S.    Hunt 

C.    li.    McMillan J.    H.    Bain 

W.  F.   Winter John   Sheehan    

John  S.  Tucker A.    G.    .\danis 

F.  E.  Kenaston O.   A.    Hazen 

O.   L    Hegge N.    H.     Sl'.ry 

E.  A.  Movius M.  O.  Movius 

M.   Lynch J.   W.    Stlteler 

Frank  Chesrown F.    J.    Pietz 

R.  S.   Adams W.    S.   Adams 

A.  P.  Hanson S.    J.    Sundet 

H.  R.  Lyon J.    B.    Racek 1 

F.  S.  Graham L.   S.   Royer 

Wesley    C.    McDowell.  .Lewis  Baertsch    

J.  E.  Phelan P.   J.    Hackl 

K.  G.  Springen Geo.    O.    Stomner 

J-   A.  Beck A.   Espeseth    

H.    S.   Halvorson G.   p.   Cross.  Jr 

,C.   H.   Simpson .\.    O.    Moen 

.Michael  Murphy Wm.   F.    Stege 

E.    B.   Johnson A.    W.    Eastman 


.H.    J.    Ednion. 
. .  H.  G.  Halverson. . 

.  •  C.    F.    Pierson 

. .  II.    E.    Bvorum . . . 
. -Jas.  S.  Fiotland.. 

. .  P.    -A,    Benson . 

. .  B.   H-  Trousdale. . 

.O,    A.    Drews. 


F.    W.   Vail. 

..Tohn   Wild 

,0.    I.    Hegge 

.  R.   B.   Barron 

,E.  S.  Person 

.  H.   n.  Steele 

.R.   E.  Trousdal£..  . 
.David  H    Beecher. 

.Aug.    Peterson H.    E.    Schroeder 

.Wm.  Roberts H.    F.    Rivedan 

.Chas.    F.   Kellogg J.    Henry    Kling 

.A.   B.   Landt w.   E.    .Johnson 

.K.   G.    Rpringen A.    S.    Ellingson 

.T.F.Marshall j,    E.    Bunday 

.Chas.  S.  Brown Hans  Lee    

.n.  McKinnon .\    R.   Batie 

.John    Trotter t.   L.   Tillisch 

.  L.  B.  Hanna ^[.    x.    Mallorv 

.Karl  J.    Fanip K.    D.    Bennett 

.Robt.   W.    .Akin J^      E.     Lincler 

.G.A.White p.    M.    Paulson 

.Aug.     Peterson a.    E     Johnston 

.S.   N.Thompson Wm     F.    Huck 

.W.  .T,  Lichty H.    E.    Gray 

•d;    Eyeland r.    o.    Myhre 

,.W.  N.  Steele nobt.    Eraser   

■l^''^-     Pe''^!^'™ C.    H.    ChrisUansen. 

.F,    T.Thompson H.    L     Barnes 

K  A.  Bngebretson Umls    Malm    


.W.  A.  Shaw. 

.B.  .1.  Curtln 

.Alexander  Curry. 

,  Gus  O.  Kratt 

,  D.  N.  Tallman.. 
T.    L.   Beiseker. 


■  R.    J.   List. 

•W.    C.    Stuhr 

O.    H.    Olson 

•  R.    E.    Kratt 

•  .S.   G.   Severtson. 
•B.   W.   Taylor. 


.T.  J.  Dougherty chas.    A.   Potter... 

.  Jno.  F.  Robinson y    d    Tones 

.P.  S.  Graham r    j.'  Hoeschen. .'. 

..J.    L.   Mathews ,v     e.    Hvnes 

•  A.  M.  Voorhees s.   p    Sherman 

.J.  R.  Carley .•,    ^    i;ui,i 

■  Wm.   I.ierboe n    t.    Lierboe 

.Herman  Winterer ,7„hn    Tracy    

...James  Grady h.    C.    Aaraoth.... 

.E.   K.   (.amnle ,7     p    Reeder 

,  Joseph  Patterson ^    p'    Eckes 

.C.    W.    Andrews T,.' F.' Lepage.'.'.'.'.' 

..Geo   L.  Robinson ^ug     e.    .lohnson. 

•„■   J;    5?¥'' W.    S.   Davidson.., 

•f-   "■-?,"^''j ("•    W.    Wilkins.... 

..J.  S    Otlland (;eo.    B.    Werdel... 

"F-  £■    J.'"'''" H.    M.    Stroud..., 

•i  S-   S°^ C-   C.    Beers 

,.H.  H.  Bug c.  B,  Paulson 


S00,7T6 
250,088 
176,798 
158,032 
18-1,152 
442,718 
517,485 
.661,269 
128,598 
216,106 
275,093 
172,3.30 
427,763 
.M5,501 

216,964 
238,449 
208,483 
550,378 
551.465 
353,792 
294,492 
184,215 
342,501 

363,917 
851,206 
284,483 
299.272 
173.134 
150.499 
347,619 
276,243 
377,196 
324,539 
178,911 
152,437 
168,008 
546,521 
419,491 
328,865 
681,786 
225,099 
,277.445 
241.663 
256.297 
103.155 
324,429 
141,178 
97,656 
164,969 
218,531 
147,348 
251.271 
137,740 
253,250 
,2.39,849 
560,745 
164,595 
275,616 
156.113 
219.806 
261.259 
233.339 
368.363 
199,210 
409,223 
244,736 
153,509 
262,557 
229.086 
355.156 
224.216 
250.079 
175.364 
85.673 
143.416 
166.349 
220,6.33 
186,399 
150,018 
222  272 
171,922 
170,997 
206,343 
155.952 
213.889 
146,463 
173,090 
232.420 
139.880 
166.409 
33S.657 
181.552 
137,3.55 
977.330 
497,948 
505.682 
411,000 
135.188 
370,565 
937.102 
214.529 
197.09(1 
225,391 
114,163 
125.935 


t   25,000 

25,ii0n 
25,000 
25,000 
25,000 
53,000 
50,000 
200,000 
25,000 
30,000 
30,000 
25,000 
25,300 
23,000 

25,000 
25,000 
25,000 
50,000 
50,000 
50,000 
50,003 
30,000 
50,000 

50,000 

100,0.10 

25,000 

25,000 

25,000 

25,000 

25,000 

50,300 

50,000 

25,000 

25,000 

25.000 

25,000 

50,000 

50,000 

25,000 

50,300 

25,000 

50,000 

50,000 

25,000 

25,000 

50,000 

25,000 

25,000 

25.000 

25.000 

25.000 

30,030 

25,000 

25,000 

100,000 

53,000 

25,000 

25,000 

25,000 

25,000 

25,300 

25,000 

25,000 

25,003 

25,000 

25,000 

25,000 

25,003 

25,000 

25,030 

25,000 

25,000 

25,000 

25,000 

25.000 

25,000 

25,000 

25,300 

25,0110 

25,000 

25,030 

25,000 

25.000 

25,000 

25,000 

25,000 

25.000 

25.000 

25,030 

25,000 

50,000 

25,030 

25,000 

100,000 

50,000 

.55,000 

50.000 

25.000 

25.003 

75.000 

25.000 

25.000 

25,300 

25,000 

25.000 


t  6.000  . 

;  36,761 

i   78.015 

25,1100  ;  4.497 

77,698 

91,893 

4,000 

715 

49,,>14 

75,71.9 

5,000 

454 

74.727 

30,321 

10,000 

2.288 

56,886 

70.978 

10,000 

211 

125,302 

171,655 

10,000 

6,135 

145,852 

235.498 

50,000 

14,938 

837,935 

99,151 

5.000  , 

17.173 

71.425 

6,000  . 

60,154 

89,952 

10,030  . 

61,693 

118,400 

10,000  . 

32,973 

60,781 

25,000 

11,423 

108,394 

212,147 

15,000 

2,103 

114,822 

128,516 

10,000 

2,408 

45.296 

98,994 

8.000 

1,415 

121,590 

82,443 

8,000 

1,223 

75.572 

73,685 

10,000 

7,973 

149,112 

280,016 

13,000 

7.4S9 

125,320 

3O8.608 

10,000 

70,743 

158,218 

10,000 

50,046 

78,476 

6,000 

2,508 

34,693 

91,014 

7,782 

166,168 

33,509 

2,500  , 

102.751 

103,991 

80,000 

7.883 

365,341 

227,354 

15,000 

97,552 

139,797 

25,000 

124,597 

92,329 

5,000 

1,914 

35,737 

90,983 

5,000 

723 

51,527 

34,162 

15,000 

1.580 

117.810 

159.893 

10,000 

24,262 

80,879 

20,000 

3,521 

57,554 

203,335 

5,000 

838 

79,424 

179.278 

3.000 

1,095 

46,869 

94,447 

5,000 

60,831 

40,106 

4,500 

1,393 

43.436 

68,079 

20.000 

156 

160,485 

249,764 

9.000 

108,665 

194,414 

10,000 

105,418 

182,197 

25,000 

1,456 

260.059 

275,271 

5,000 

63,600 

96,499 

85,000 

414,267 

548,470 

63,570 

78,289 

10,030 

2,775 

70,644 

135.778 

19,000 

4,128 

46,998 

64.651 

73,912 

164,953 

2.150 

1.542 

37,735 

67.751 

272 

17,000 

10,423 

115 

69.434 

46,726 

4,000 

71,357 

100,999 

5,000 

299 

34,745 

71.440 

769 

74.823 

113.891 

5,000 

20,503 

78.887 

5,300 

2,695 

63,694 

103.034 

50,000 

51,641 

4.55,778 

407,705 

30,000 

1,546 

193,656 

113.457 

5,000 

384 

77,115 

27,506 

12,500 

1,048 

92.711 

138,097 

5,000 

1,180 

12,406 

106.027 

5,000 

9,372 

56.410 

85,824 

6,000 

73,432 

131,442 

4,650 

41,217 

143,172 

10,000 

962 

106,517 

190,392 

3,000 

84,286 

54,924 

15.000 

1,136 

147,532 

135,881 

5.000 

86,332 

83,826 

10,000 

3,543 

28.271 

79,696 

2,979 

45,240 

160,038 

7,500 

4,051 

108,239 

59,996 

30.000 

2,670 

70.482 

213,325 

10,000 

8,879 

80,797 

80,240 

10,300 

80,501 

128,319 

5,000 

S3 

34,031 

56,482 

13,316 

33,082 

6,000 

34,597 

48,419 

76 

62,675 

59.503 

25,000 

4,213 

41,944 

100,076 

5,000 

10,844 

62,764 

50,262 

5,000 

1,326 

28,114 

65,578 

10.300 

7,544 

49,330 

83,218 

7.500 

1,680 

80,783 

41.819 

2.500 

1,290 

41.042 

79,805 

6,000 

1,830 

33,746 

105,676 

5.000 

3,589 

41,989 

42,874 

8.030 

37,986 

117,903 

3.000 

46,557 

65,956 

5,003 

9,791 

49,720 

52.079 

15.000 

2,559 

116,891 

47,195 

48,416 

45,733 

5,000 

465 

42,345 

77,349 

15,000 

4,572 

87,852 

92,733 

3,200 

54,814 

73,195 

3,000 

22,327 

57,007 

100,300 

2,022 

334.978 

406,445 

50.000 

2,635 

128.188 

193,422 

20.000 

9,449 

153,423 

165,188 

10,300 

105,778 

128,914 

2.500 

63 

26.772 

28,542 

15,000 

193 

127.352 

167.462 

25.003 

720 

253.662 

341.619 

10,000 

43,188 

98,841 

5,000 

2,44s 

53,980 

99,906 

9,000 

93 

67.391 

88.907 

5,000 

24,760 

39.839 

5,003 

■42,006 

38,929 

CHAPTER  XXXV 
HISTORY  OF  METHODISM  IN  NORTH  DAKOTA 

BY  WILLIAM   H.  WHITE 

The  history  of  the  first  Methodist  Episcopal  Church  of  Fargo  is,  largely, 
the  history  of  early  Methodism,  in  that  part  of  the  great  Northwest  north  of 
the  forty-seventh  parallel  of  latitude  and  west  of  the  Red  River  of  the  North. 
Long  before  the  Indian  title  to  the  lands  in  the  Red  River  Valley  was  extinguished, 
the  pioneer  Methodist  preacher  took  up  his  work  of  laying  the  foundation  of  our 
great  church  in  this  country. 

In  the  omniscient  mind  of  the  Master  nothing  is  left  to  chance. 

As  we  witness  the  unfolding  of  His  plans,  we  realize  how  for  generations 
imborn  His  loving  thought  fulness  provides. 

In  the  early  history  of  Methodism  in  the  little  town  of  Adiz,  Ohio,  over 
seventy  years  ago,  our  sainted  Bishop  Simpson  grew  up  with,  and  by  his  pure 
life  was  the  means  of  the  conversion  of,  a  young  man  by  the  name  of  Gurley. 
While  subsequently  associated  with  him  in  Allegheny  College,  he  was  instrumental, 
through  divine  direction,  in  young  Gurley's  entrance  into  the  ministry,  who, 
later,  became  the  father  of  Methodism  in  this  portion  of  the  Northwest. 

Rev.  James  Gurley,  better  known  by  the  affectionate  title  of  Father  Gurley, 
took  up  his  residence  at  Brainerd,  Minn.,  as  a  missionary  of  the  Methodist 
Church,  in  the  fall  of  1871,  his  mission  extending  from  Duluth,  on  Lake  Superior, 
to  the  entire  then  inhabited  portions  of  Northern  Minnesota,  and  what  is  now 
known  as  North  Dakota. 

The  beginnings  of  Methodism  in  Northern  Dakota,  under  the  direction  of 
Father  Gurley  (like  that  movement  under  the  direction  of  Wesley),  had  its 
■origin  in  the  prayer  and  exhortation  meetings  held  in  the  shanties  of  the  pioneers. 
Through  the  years  of  187 1  and  1872  no  church  organization  was  effected  in  all 
of  Northern  Minnesota  and  Dakota,  except  at  Duluth  and  Brainerd.  Fargo 
being  but  one  of  the  many  appointments  upon  a  circuit  of  150  miles,  could  claim 
only  a  portion  of  Father  Gurley's  time,  and  great  were  the  sacrifices  he  made 
to  reach  it.  He,  however,  laid  the  foundations  of  the  church  in  this  state,  strong 
and  deep,  and  upon  this  foundation,  since  1872,  Methodism  has  been  building. 

No  official  local  organization  was  effected  in  Northern  Dakota  during  the 
year  1873,  but  Methodism  assumed  more  permanency  and  a  nucleus  was  definitely 
formed  at  Fargo,  of  which  the  legal  existence  of  the  Fargo  cliurch  was  the  out- 
growth in  1874. 

During  1873  Northern  Dakota  was  joined  to  the  Northwest  Iowa  conference 
and  was  known  as  the  Northern  Pacific  Mission.     The  Rev.  John  Webb  was 

538 


HISTORY  OF  NORTH  DAKOTA  539 

regularly  appointed  by  that  conference  as  general  missionary  west  of  the  Red 
River,  Rev.  Gurley  retaining  the  work  in  Northern  Minnesota.  Mr.  Webb's 
residence  was  at  Fargo  and  his  circuit  comprised  the  district  in  which  now  are 
situated  the  towns  of  Jamestown,  Caledonia,  Grand  Forks  and  Abercrombie, 
but  no  churches  were  officially  organized  at  any  of  these  points  at  this  date. 

Church  services  during  1873  were  regularly  held  at  Fargo  in  what  was  known 
as  Pinkham's  Hall,  located  on  the  corner  of  Front  and  Fifth  streets.  Rev.  Mr. 
Webb  officiated  when  in  Fargo,  his  place  being  supplied  during  his  absence  by 
Father  Gurley  or  by  services  conducted  by  some  of  the  laity. 

While  no  official  membership  existed,  the  church  affairs  were  generally  looked 
after  by  Mr.  and  Mrs.  Alonzo  Plummer,  Miss  Emma  Plummer  and  William  H. 
White.  A  Sunday  school  of  about  twenty  scholars  was  formed  with  Wm.  H. 
White  as  superintendent  and  with  Mrs.  Plummer  and  Miss  Plummer  as  teachers. 
These  informal  organizations  existed  in  Fargo  throughout  this  year,  Rev.  Mr. 
Webb  fostering  them  and  giving  them  the  larger  portion  of  his  time  in  connection 
with  his  duties  at  other  points  on  his  circuit. 

A  church  building  was  talked  of  and  some  funds  raised,  but  nothing  further 
done  except  to  select  and  solicit  from  the  railroad  company  a  donation  of  two  of 
the  lots  upon  which  our  present  church  stands. 

Early  in  the  year  1874  energetic  steps  were  taken  toward  collecting  money 
and  laying  plans  for  the  erection  of  the  first  Methodist  Church  in  North  Dakota. 

Through  the  kindness  of  the  Northern  Pacific  Railroad  Company  in  giving 
free  rates  for  freight  on  building  material,  and  the  generosity  of  merchants  and 
business  men  generally,  irrespective  of  denomination,  a  subscription  sufficient  for 
the  commencement  of  a  small  church  was  raised  and  active  operations  toward  its 
erection  were  begun  early  in  the  spring. 

The  church  building  (the  dimensions  of  which  were  about  30  by  50  feet) 
was  completed  and  ready  for  occupancy  by  the  ist  of  July. 

On  the  20th  of  July  the  legal  existence  of  the  First  Methodist  Church  and 
Sunday  school  of  Fargo  may  be  said  to  have  begun,  although  for  nearly  a  year 
prior  to  this  date  an  organized  Sunday  school  and  services  under  the  auspices 
of  the  Methodist  Church  had  been  held  with  such  regularity  as  the  opportunities 
and  circumstances  of  the  time  would  permit. 

The  meeting  was  held  in  the  church  building,  the  Rev.  H.  J.  Christ  of  Brainerd, 
Minn.,  presiding.  Those  present  were  Rev.  John  Webb,  missionary  to  the 
Northern  Pacific  mission,  James  Douglas  of  Moorhead,  Minn.,  Alonzo  Plum- 
mer, Mrs.  Alonzo  Plummer,  Miss  Emma  Plummer  and  Wm.  H.  White.  A 
board  of  trustees  was  elected  consisting  of  N.  K.  Hubbard,  Geo.  I.  Foster,  Alonzo 
Plummer,  secretary,  and  Wm.  H.  White,  president. 

There  was  no  board  of  stewards  formed  at  this  time,  as  the  membership 
consisted  of  but  one  person  (Wm.  H.  White),  who  was  continued  as  Sunday 
school  superintendent,  the  school  at  that  time  consisting  of  about  twenty  mem- 
bers. After  determining  the  cost  of  the  new  building  to  be  $1,200,  upon  which 
had  been  paid  about  $800,  a  canvass  of  subscriptions  showing  a  deficit  of  $200, 
and  after  devising  plans  for  the  support  of  Rev.  Mr.  Webb  as  missionary,  the 
meeting  adjourned. 

While  the  church  was  started  practically  without  a  membership,  according 
to   the   church   records,  its   membership   comprised   the   entire   town   as    far   as 


540  HISTORY  OF  NORTH  DAKOTA 

sympathy,  interest  and  aid  was  concerned,  and  the  interest  manifested  by  the 
congregation  insured  success  from  the  beginning;  and  for  several  years  after 
it  was  the  church  home  for  all  denominations  until,  with  the  incoming  of  new 
people,  these  organizations  were  of  themselves  sufficiently  strong  to  build  their 
own  houses  of  worship.  The  first  loss  of  this  nature  occurred  December  30,  1877, 
when  the  Presbyterians,  who  had  worshipped  with  us,  went  off  to  form  a  society 
of  their  own  denomination.  These  were  followed  September  22,  1878,  by  the 
Baptists,  who  had  erected  for  themselves  a  church  building.  Later,  November  2, 
1881,  the  Congregationalists  likewise  erected  their  own  church  edifice.  These 
repeated  drains  upon  our  working  membership  were  felt,  but  those  of  our  own, 
with  renewed  energy  and  added  zeal,  taking  up  the  work,  no  serious  drawbacks 
attended  these  repeated  withdrawals.  In  the  fall  of  the  year  mentioned  (1874) 
our  church  was  dedicated.  At  this  time  a  subscription  was  taken  sufficiently 
ample  to  free  it  from  debt.  During  this  year  Missionary  Webb  had  also  formed 
a  nucleus  for  a  church  at  Grand  Forks  fostered  by  the  Fargo  church  by  dona- 
tions of  books,  etc.  In  the  fall  of  1874  the  Northwestern  Iowa  Conference 
returned  the  Rev.  John  Webb  to  the  Northern  Pacific  Mission,  with  headquarters 
at  Fargo,  and,  as  an  assistant,  the  Rev.  Mr.  Curl  was  appointed,  with  headquarters 
at  Grand  Forks. 

During  the  spring  and  summer  of  1875  the  Fargo  charge  was  one  of  a  circuit 
as  in  former  years,  the  Rev.  Mr.  Wef)b  giving  most  of  his  time  to  this  part  of 
the  work,  but  also  laying  such  foundations  throughout  the  territory  as  were 
afterward  developed,  largely  through  the  instrumentality  of  the  Fargo  church. 

In  the  fall  of  1875  the  Northwestern  Iowa  Conference  established  a  district 
of  Northern  Dakota,  calling  it  the  Northern  Pacific  District.  Rev.  Mr.  Webb  was 
appointed  presiding  elder  and  Rev.  J.  T.  Walker  pastor  at  Fargo.  This  was 
the  first  appointment  made  directly  to  Fargo.  On  account  of  ill  health  Mr. 
Walker  was  unable  to  take  the  appointment  and  the  Rev.  J.  B.  Starkey  was 
transferred  from  Onawa,  Iowa,  and  appointed  to  Fargo  in  Mr.  Walker's  place. 
Brother  Starkey  arrived  in  Fargo  on  November  I3tli. 

On  Sunday,  November  14th,  he  preached  his  first  sermon  in  Fargo,  being  the 
first  sermon  preached  by  a  regularly  appointed  pastor  at  Fargo. 

The  congregation  numbered  twenty-three  people.  The  membership  at  this 
date,  according  to  records  now  in  Rev.  Starkey's  possession,  consisted  of  five 
persons,  namely:  Miss  Alvira  Pinkham  (now  Mrs.  Geo.  Cooper),  Mrs.  E.  A. 
Grant,  Mrs.  Geo.  I.  Foster,  Mrs.  E.  A.  Atkinson  and  Wm.  H.  White.  The 
Sunday  school  at  this  date  was  reorganized  under  the  Sunday  School  Union 
with  the  same  officers  and  teachers.  The  first  prayer  meeting  held  by  the  new 
pastor  was  in  the  church  on  the  evening  of  November  iSth,  four  persons  being 
present.  Revival  meetings  were  planned  by  Reverend  Starkey  shortly  after  his 
arrival  and  continued  for  two  weeks.  While  no  additions  were  made  to  the 
church,  the  influence  for  good  on  the  town  was  marked,  and  the  church  as  an 
institution  was  strengthened  thereby. 

During  the  spring  and  summer  of  1876  Rev.  Mr.  Starkey,  in  connection  with 
his  pastoral  work,  was  very  energetic  in  his  efiforts  to  advance  the  cause  of 
temperance  in  the  town,  lecturing  and  organizing  a  temperance  band  which 
had  a  marked  influence  on  its  temperance  principles. 

In  the  fall  of  1876  North  Dakota  was  placed  in  the  Sioux  City  district,  with 


X 


O 


o 

c 


o 
o 

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o 

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t— I 
O 


''-%„ 


HISTORY  OF  NORTH  DAKOTA  541 

Rev.  T.  M.  Williams  presiding  elder.  He  visited  Fargo  but  once  during  the 
conference  year,  having  to  travel  by  the  way  of  St.  Paul,  Northern  Pacific  Junc- 
tion and  Brainerd,  a  distance  of  600  miles,  to  reach  the  district.  Rev.  Mr. 
Starkey  acted  in  the  double  capacity  of  pastor  at  Fargo  and  presiding  elder, 
rendering  faithful  service  in  enlarging  the  plans  started  by  the  Rev.  Mr.  Webb 
throughout  North  Dakota,  and  in  addition  to  his  faithful  service  at  Fargo  he 
completed  a  church  at  Grand  Forks. 

Mr.  Starkey's  pastorate  in  Fargo  termi-nated  in  the  fall  of  1878. 

As  a  pastor  he  w?as  a  man  of  influence  in  Fargo,  not  only  in  the  church,  but 
throughout  the  town  and  at  adjacent  points.  His  untiring  efforts  and  fervent 
zeal  placed  the  church  upon  a  permanent  foundation  with  opportunities  for 
rapid  advancement  under  subsequent  leadership. 

On  September  28,  1878,  at  a  meeting  held  at  Cherokee,  Iowa,  by  a  joint  com- 
mission from  the  Northwest  Iowa  Conference  and  the  Minnesota  Conference,  it 
was  decided  to  attach  to  the  Minnesota  Conference  all  the  territory  north  of  the 
forty-sixth  parallel  of  latitude,  and  the  presiding  bishops  of  each  conference,  con- 
curring in  this  decision,  completed  the  transfer,  thus  making  North  Dakota  and 
Fargo  charge  at  this  date  in  the  Minnesota  Conference,  and  designated  as  tlie 
Red  River  district.  Later,  in  the  fall  of  1878,  the  Minnesota  Conference  appointed 
the  Rev.  Mr.  Starkey  presiding  elder  of  this  district,  and  Rev.  Mr.  Barnett,  a 
transfer  from  Kentucky,  as  pastor  at  Fargo.  Rev.  Mr.  Barnett  failing  to  meet 
the  appointment,  Presiding  Elder  Starkey  appointed  the  Rev.  H.  B.  Crandall,  from 
Alexandria,  to  Fargo.  Mr.  Crandall  served  this  charge  as  pastor  during  the 
conference  year  of  1878  and  1879,  enlarging  the  membership  of  the  church, 
organizing  its  societies  and  rendering  efficient  service  during  his  pastorate. 

On  October  6,  1879,  ^^v.  C.  F.  Bradley  was  transferred  from  Duluth  to 
serve  the  Fargo  charge,  Rev.  Mr.  Starkey  being  reappointed  presiding  elder. 
Mr.  Bradley's  pastorate  was  of  only  a  year's  duration,  but  it  was  a  year  crowded 
with  improved  opportunities  and  rapid  strides  in  the  development  and  extension 
of  the  interests  of  the  church,  and  through  the  Fargo  church  to  the  entire  district. 
During  this  year  Mrs.  S.  M.  Stiles,  of  Hartford,  Conn.,  solicited  in  Eastern 
cities  and  shipped  to  the  Fargo  church  nearly  a  ton  of  Sunday  school  books  and 
church  literature,  which  in  turn,  through  the  wise  management  of  Rev.  Mr. 
Bradley  and  ofificers  of  the  Sunday  school,  were  reshipped  to  the  various  new 
towns  springing  up  about  Fargo,  and  were  an  incentive  to  the  beginning  of  new 
Sunday  schools,  which  have  developed  into  what  are  now  our  neighboring  Meth- 
odist churches. 

The  gift  also  formed  the  basis  of  our  present  Sunday  school  library.  Mr. 
Bradley's  pastorate  was  also  characterized  by  an  unprecedented  religious  growth 
in  the  church.    The  membership  numbered  about  one  hundred. 

A  literary  society  of  unusual  interest  was  formed.  The  class  meeting  was 
well  attended  and  every  department  of  the  church  showed  the  favorable  results 
of  sympathetic  interest  and  efifort  between  pastor  and  people.  His  ripe  scholar- 
ship, judgment  and  dignified  christian  bearing  drew  many  outside  of  any  church 
relationship  and,  by  enlarging  our  congregations,  benefited  those  who  came  and 
contributed  to  the  material  interests  of  the  church  From  these  conditions  our 
church  soon  proved  inadequate  to  our  needs,  necessitating  action  with  reference 
to  a  new  church  building.    Late  in  the  summer  of  1880  Mr.  Bradley  received  a 


542  HISTORY  OF  NORTH  DAKOTA 

call  to  a  professorship  in  Hamline  University,  which  he  accepted,  after  a  vacation, 
at  the  end  of  the  conference  year;  the  church  being  supplied  by  Rev.  C.  N. 
Stowers,  of  the  Wisconsin  Conference.  On  October  ii,  1880,  Rev.  C.  N.  Stowers 
was  regularly  appointed  to  the  Fargo  charge  and  served  as  its  pastor  until  the 
summer  of  1S81,  at  which  time  he  was  obliged  to  resign  on  account  of  ill  health 
occasioned  by  overwork,  and  the  Rev.  S.  B.  Warner  was  transferred  from  the 
Upper  Iowa  Conference  to  finish  the  year.  The  fall  of  1880  and  the  winter  of 
1881  under  the  pastorate  of  Brother  Stowers  were  busy  seasons  for  Methodism 
in  Fargo.  The  little  church  which  had  accommodated  the  society  for  six  years 
became  entirely  inadequate  to  the  needs  of  the  growing  congregation,  and  it 
was  sold  to  the  Catholics.  It  was  not  without  great  regret  that  the  members 
saw  the  building  which  had  so  long  been  their  church  home,  mounted  on  rollers 
and  slowly  moved  from  the  location  upon  which  it  had  been  of  so  much  influence. 
In  its  place  was  erected  a  building  better  adapted  to  the  convenience  and  comfort 
of  the  growing  society,  at  a  cost  of  $5,000.  Subscriptions  had  been  taken  but 
the  funds  realized  were  insufficient  to  free  it  from  debt,  and  most  heroically 
did  the  membership  at  repeated  times  respond  to  the  call  for  financial  aid  and, 
for  the  reason  that  we  prize  those  things  which  cost  the  greatest  struggle  tO' 
acquire,  the  new  church  soon  began  to  be  recognized  and  appreciated  as  the  church 
home  in  the  same  sense  as  was  the  little  old  church  which  had  been  so  deeply 
seated  in  the  affections  of  the  people.  By  Christmas,  1880,  the  new  church  was 
finished,  and  pastor  and  people  devoutly  returned  thanks  for  the  divine  aid 
which  had  enabled  them  to  construct,  for  His  worship,  a  building  so  commodious. 
At  this  time  was  placed  in  the  tower  the  first  bell  that  proclaimed  protestant 
Christianity  to  the  people  of  North  Dakota,  and,  being  the  first  member  of  any 
protestant  church  in  North  Dakota,  Wm.  H.  White  was  called  upon  to  first 
send  its  tones  vibrating  through  the  air. 

About  this  time  the  membership  numbered  123  and  the  Sunday  school  150. 

On  September  29,  1881,  the  Minnesota  Conference  convened  and  was  enter- 
tained at  Fargo,  its  sessions  being  held  in  the  Fargo  church.  At  this  time  the  Rev. 
J.  B.  Starkey,  who  since  November  30,  1875,  had  served  the  people  so  faithfully, 
closed  his  relations  with  the  district  to  take  work  in  another  field.  Largely 
through  his  self-sacrificing  and  energetic  labors  the  Fargo  membership  had  grown 
from  5  to  125,  and  the  district  from  two  churches  to  over  two  dozen  churches, 
nearly  all  of  which  owe  their  start  and  success  to  him. 

At  this  conference  (September  29,  1881)  the  Rev.  S.  B.  Warner  was  appointed 
pastor  and  Rev.  G.  -R.  Hair  presiding  elder  of  the  Fargo  district. 

On  December  31,  1881,  Wm.  H.  White  resigned  the  superintendency  of  the 
Sunday  school,  after  a  service  of  eight  years  dating  from  its  beginning.  He  was 
succeeded  by  T.  S.  Ouincy,  who  served  until  September  i,  1882,  and  who  was 
in  turn  followed  by  Smith  Stimmel,  who  acted  in  the  capacity  of  superintendent 
until  May  i,  1883. 

The  church  under  the  pastorate  of  Rev.  ]\Ir.  Warner,  during  the  conference 
year  of  1881  and  1882,  rapidly  increased  in  members.  Being  at  a  period  of  great 
influx  of  people  to  Fargo,  the  interests  of  the  church  were  stimulated  by  the 
acquisition  of  new  members,  and  under  the  careful  and  painstaking  supervision 
of  Rev.  Mr.  Warner  the  spiritual,  social  and  financial  interests  of  the  church 
received  a  great  impetus.     The  pastorate  of  Rev.  Mr.  Warner  closed  October 


HISTORY  OF  NORTH  DAKOTA  543 

4,  1882,  and  that  of  Rev.  M.  S.  Kaufman  began,  continuing  through  a  period  of 
three  years  from  October  4,  1882,  to  September  24,  1885.  This  period  of  church 
history  is  one  of  great  importance.  Fargo  was  at  the  height  of  business  pros- 
perity and  the  center  of  activity  for  the  surrounding  country*.  Many  operating 
large  farms  in  the  country,  and  carrying  on  other  hnes  of  industry,  resided  at 
Fargo  and  made  this  their  church  home.  During  Rev.  Mr.  Kaufman's  ministry 
the  Foreign  Missionary  and  Ladies'  Aid  societies  developed  unusual  activity  and 
interest.  Special  revival  services  were  held  each  year,  those  of  one  winter  being 
protracted  through  eleven  consecutive  weeks,  resulting  in  many  conversions  and 
valuable  accessions  to  the  church.  Much  of  the  prosperity  and  growth  during 
this  period  was  due  to  the  earnest  and  faithful  work  of  Brother  Kaufman,  with 
those  who  so  nobly  seconded  his  efforts.  During  this  period  the  general  con- 
ference, which  met  in  Philadelphia  May,  1884,  divided  the  Minnesota  conference 
and  established  the  North  Dakota  Mission  conference,  also  passing  an  enabling 
act  for  the  Mission  conference  to  become  an  annual  conference  when  deemed 
advisable.  The  first  session  of  the  Mission  conference  was  held  at  the  Fargo 
church  October  2,  1884.  Bishop  Fowler  presided.  At  the  second  session  of  the 
North  Dakota  Mission  conference,  held  at  Wahpeton,  September  24,  1885,  the 
Rev.  S.  W.  Ingham,  of  the  Upper  Iowa  conference,  was  appointed  to  Fargo, 
serving  three  years.  The  Rev.  H.  B.  Bilbie,  of  the  Minnesota  conference,  was 
appointed  presiding  elder  of  the  district  at  the  same  time,  serving  the  same  period. 

At  the  third  session  of  the  North  Dakota  Mission  conference  held  at  Grand 
Forks  October  14,  1886,  Bishop  Harris  presiding,  a  motion  was  made  by  the 
Rev.  D.  C.  Plannette  that  an  organization  of  an  independent  conference  be 
effected,  to  be  called  the  North  Dakota  Conference.  This  motion  was  carried 
by  a  vote  of  29  to  2,  thus  accomplishing  the  final  work  ot  Methodist  conference 
building  in  North  Dakota. 

Fargo  was  again  the  seat  of  the  conference  which  convened  October  19,  1887, 
being  the  first  session  of  the  North  Dakota  annual  conference.  This  gives  the 
Fargo  charge  the  honor  of  not  only  holding  the  first  Methodist  service  in  North 
Dakota,  but  the  first  Mission  conference  and  the  first  annual  conference  as  well. 

During  the  pastorate  of  Rev.  Mr.  Ingham  the  superintendency  of  the  Sunday 
school  was  held  by  Wm.  Mitchell,  who  succeeded  Smith  Stimmel  on  May  i, 
1883,  holding  the  office  until  May  i,  1888,  when  he  was  succeeded  in  office  by 
W.  P.  McKinstry. 

On  October  11,  1888,  Rev.  G.  S.  White  of  the  Central  New  York  conference 
was  appointed  to  Fargo  by  Bishop  Hurst,  D.  C.  Plannette  being  returned  as 
presiding  elder.  Rev.  G.  S.  White's  pastorate  was  characterized  by  renewed 
activity  on  the  part  of  the  church  along  various  lines  of  work. 

He  formed  among  the  younger  membership  the  Young  People's  Christian 
League,  having  in  view  the  maintenance  of  a  Sunday  evening  devotional  meeting 
conducted  by  young  people.  This  later  became  the  Epworth  League  of  our 
church.  A  Friday  evening  class  meeting  was  also  organized  for  the  older  mem- 
bers. Through  the  energetic  efforts  of  Brother  White  a  directory  was  prepared 
with  photographs  of  all  the  churches,  their  location,  names  of  pastors,  times  of 
meeting,  etc.,  and  placed  in  the  various  hotels,  the  postoffice  and  other  places 
for  the  benefit  of  strangers. 

During  this  pastorate  the  missionary  work  was  taken  up  with  added  zeal  and 


544  HISTORY  OF  NORTH  DAKOTA 

renewed  effort  and  the  introduction  of  pyramid  mite  boxes  materially  increased 
the  funds  of  the  society.  Amounts  were  raised  by  the  Ladies'  Aid  Society  and 
expended  for  parsonage  furniture  and  plans  were  also  begun  for  the  erection 
of  a  parsonage,  being  carried  into  effect  the  following  year.  The  pastorate  of 
Rev.  G.  S.  White  was  followed  by  that  of  Rev.  D.  W.  Knight,  a  transfer  from 
the  East  Ohio  conference. 

The  history  of  the  church  under  Rev.  Mr.  Knight's  ministry,  covering  a 
period  of  two  years,  may  best  be  told  in  his  own  words,  as  taken  from  the 
following  letter: 

"My  pastorate  of  First  M.  E.  Church,  Fargo,  began  December  22,  1889, 
and  closed  November  i,  1891.  Was  transferred  from  the  East  Ohio  to  the 
North  Dakota  conference  by  Bishop  Hurst  and  appointed  to  the  First  M.  E.' 
Church  by  Bishop  Mallalieu  about  the  25th  of  November,  1889.  Rev.  D.  C. 
Plannette  was  presiding  elder;  Rev.  G.  S.  White  was  my  predecessor.  We 
arrived  in  Fargo,  December  21,  1889,  and  Sabbath  morning,  the  22d,  first  met 
in  worship  that  royal  people.  Our  acquaintance  grew  rapidly,  and  I  soon  found 
I  had  a  choice  people  in  the  city  numbering  about  125.  An  active  Epworth 
League  and  a  wide  awake  Sabbath  school  greeted  the  pastor. 

"Christmas  festivities  and  receptions  opened  the  doors  in  many  of  the  best 
homes  of  the  city  for  new  friends  and  friendships  that  warm  our  hearts  whenever 
thoughts  revert  to  Fargo  and  pastorate  there. 

"The  winter  of  1889  and  i8go  was  taken  up  with  visitation  and  some  revival 
efforts,  which  we  have  reason  to  believe  were  not  wholly  in  vain. 

"With  the  opening  spring  came  the  enterprise  of  building  a  parsonage,  in 
which  enterprise,  I  had  been  informed,  I  was  expected  to  lead. 

"The  work  was  undertaken  and,  everything  favoring,  the  ist  of  November, 
1890,  we  moved  into  our  new  home,  a  gem  of  modest  beauty,  one  of  the  cosiest 
and  most  attractive  for  the  cost  in  the  city.  It  cost  $2,000.  Church  repairs  and 
improvements  of  property  added  made  a  total  of  nearly  $2,500,  which  was  all 
paid  by  the  good  people  and  no  debt  remained  when  Dr.  May  began  his  pastorate 
in  November,  1891. 

"Soliciting  money  for  church  enterprise  is  often  accompanied  by  unpleasant 
greeting  from  the  solicited,  but  I  must  say  I  had  the  fewest  while  soliciting.  On 
the  other  hand,  I  had  most  pleasant  experiences  and  especially  from  the  non-mem- 
bers. When  asked  to  help  in  the  enterprise  they  would  say,  T  will  help  you  for 
you  have  a  noble  people,  men  and  women,  in  your  church  who  occupy  the  first 
place  among  us  and  are  worthy.'  My  heart  often  warmed  and  glowed  when  I 
heard  my  own  thus  commended  and  honored. 

"With  this  standing  it  is  no  marvel  that  First  Church  raised  nearly  $8,000 
for  all  purposes  in  the  two  years.  The  membership  varied  with  losses  and  gains ; 
losses  by  death  and  removal. 

"Mrs.  Thomas  Hanson  and  Mrs.  Bamford  and  others  died.  Many  came  in 
by  letter  and  without,  yet  the  gain,  above  all  losses,  left  some  advance  in  the 
membership.  Benevolences  increased  steadily,  fellowship  grew  and  the'  spiritual 
life  magnified,  until  there  was  a  most  happy  state  of  soul  in  the  church.  For 
all  this  I  take  no  especial  credit.  The  church  was  on  the  verge  of  growth  and 
development.  I  entered  at  an  opportune  time  and  went  with  the  tides  that  bore 
on  to  prosperity.    To  God  be  all  the  praise,  for  under  my  successor's  pastorate 


HISTORY  OF  NORTH  DAKOTA  545 

for  five  years  the  tides  widened  and  deepened,  until  the  First  Church  has  taken 

first  rank  in  the  great  Northwest. 

"Blessings  divine  on  Fargo  and  the  First  M.  E.  Church." 

This  letter  shows   for  itself  the  sweet  and  unselfish  spirit   of  our  brother 

Knight,  who  is  deserving  of  much  more  credit  for  the  favorable  conditions  he 

notes  than  he  accords  to  himself. 

NORTH  DAKOTA  METHODISM,  BY  REV.  CHARLES  A.  MACNAMARA 

What  is  now  known  as  the  North  Dakota  Conference  of  the  Methodist  Episco- 
pal Church  was  formerly  incorporated  in  the  Minnesota  Conference,  and  the  an- 
nual gathering  of  that  body  of  ministers,  assembled  in  the  young  and  aspiring 
City  of  Fargo,  Dakota  Territory,  in  the  fall  of  1881,  Bishop  Cyras  D.  Foss  presid- 
ing. In  1884,  the  General  Conference  of  the  Methodist  Episcopal  Church  granted 
the  request  of  the  Minnesota  Conference  that  the  Red  River  Valley  District 
(which  comprises  all  of  what  is  now  the  State  of  North  Dakota)  be  formed  into 
a  mission  conference.  There  was  appended  to  the  order  for  the  formation  of 
the  mission,  "an  enabling  act."  The  North  Dakota  Mission,  embracing  all  of 
what  is  now  the  State  of  North  Dakota,  met  in  Fargo,  October  2,  1884.  Bishop 
Chas.  H.  Fowler  presided.  There  were  fourteen  ministers  present.  The  statis- 
tical table  shows  that  there  were  2,016  members  and  probationers;  that  seven- 
teen churches  had  been  erected  at  a  cost  of  $56,200,  and  six  parsonages,  valued 
at  $7,000,  and  there  were  thirty-seven  Sunday  schools,  with  an  enrollment  of 
teachers,  officers  and  scholars  numbering  2,125.  Ministerial  support  amounted 
to  $16,767. 

The  second  session  of  the  Mission  Conference  was  held  in  Wahpeton,  Sepn 
tember  24,  1885.  At  the  next  session  of  the  Mission  Conference,  which  assembled 
in  Grand  Forks,  October  14,  1886,  the  authority  given  in  the  enabling  act  was 
made  use  of  and  the  North  Dakota  Annual  Conference  was  organized,  having 
an  enrollment  of  twenty  ministers  and  six  probationers.  Bishop  William  L. 
Harris  presided.  The  conference  was  divided  into  two  districts,  having  Grand 
Forks  as  the  head  of  the  northern  part  of  the  conference  and  Fargo  as  the  head 
of  the  southern  part  of  the  conference. 

The  first  session  of  the  conference  after  its  organization  was  held  in  Fargo, 
October  19,  1887.  Articles  of  incorporation  presented  by  William  H.  White 
were  signed  and  acknowledged. 

Bishop  Cyras  D.  Foss  presided  at  this  conference.  Seven  trustees  were 
appointed,  of  which  ]Mr.  William  H.  White  was  elected  chairman.  A  half  sec- 
tion of  land  had  been  deeded  by  Mr.  and  Mrs.  H.  P.  Hovey  of  Freedom,  111., 
for  the  benefit  of  the  conference  claimants,  and  on  motion  it  was  decided  to 
improve  the  land.  At  this  early  stage  this  young  conference  was  found  taking 
steps  to  locate  an  institution  of  learning,  which  did  not  take  material  form  for 
several  years. 

At  this  conference  North  Dakota  elected  its  first  representatives  to  the 
General  Conference,  twenty-five  votes  were  cast.  Rev.  D.  C.  Pianette  received 
twenty-one  and  was  declared  elected.  The  laymen  were  called  to  order  and 
welcomed  by  the  Fargo  delegate  to  the  Lay  Electoral  Conference.  William  H. 
White  nominated  Dr.   S.  J.  Hill,  of  Fargo,  who  was  then  elected  lay  delegate 


546  HISTORY  OF  NORTH  DAKOTA 

to  the  General  Conference.  Rev.  Dr.  Jackson,  a  chaplain  in  the  United  States 
army,  addressed  the  joint  conference  on  his  early  experiences  as  a  pioneer 
preacher  in  North  Dakota.  It  is  notable  that  even  in  those  days  of  our  terri- 
torial organization,  when  we  had  a  county  local  option  law,  granted  by  the  Terri- 
torial Legislature,  the  lay  conference  was  calling  for  the  submission  of  the 
liquor  question  to  a  vote  of  the  people,  "independent  of  all  political  parties.''  A 
thing  which  was  actualized  two  years  later,  when  the  State  of  North  Dakota 
came  into  the  Union  with  a  prohibitory  clause,  adopted  separately,  by  a  majority 
of  the  voters. 

Of  those  whose  names  appear  in  the  conference  roll,  only  three  remain  at 
this  writing,  namely,  Chas.  A.  Macnamara,  superintendent  of  the  Fargo  district. 
Henry  P.  Cooper  and  \\'illiam  R.  Morrison,  in  the  order  of  seniority  given. 

The  next  session  of  the  conference  was  held  in  Jamestown,  Bishop  John  F. 
Hurst  presiding.  Most  of  the  time  at  this  long-to-be-remembered  conference 
was  consumed  in  a  church  trial  which,  after  all.  failed  to  bring  conviction  of 
any  serious  wrong,  and  which  might  have  been  avoided  by  the  exercise  of  a 
little  brotherly  kindness.  A  third  district  was  formed  at  this  conference.  The 
appointments  had  grown  so  that  sixty-eight  ministers  were  stationed,  with  forty- 
four  church  buildings  and  seventeen  parsonages.     Members   and  probationers, 

3.631- 

Thirteen  years  prior  to  this,  the  first  church  organization  in  the  state  had 

been  eftected,  in  Fargo,  of  which  Mr.  William  H.  White  was  the  only  male 
member,  and  he  was  elected  superintendent  of  the  first  Sunday  school  organiza- 
tion in  the  northern  part  of  Dakota  Territory. 

A  pebble  in  the  streamlet,  scant 

Has  turned  the  course  of  many  a   river. 
A   dew   drop   on   the  tiny  plant 

Has   warped  the  giant  oak   forever. 

Bishop  Hurst  predicted  that  before  many  years  North  Dakota  -would  be  a 
field  of  activities  supporting  several  conferences. 

In  the  reports  of  the  presiding  elders  made  to  the  conference  of  18S9,  at 
Drayton,  we  read  of  the  failure  of  crops  and  of  the  requests  from  several  places 
that  no  minister  be  sent  for  the  next  year.  But  the  conference  did  not  think  that 
the  Methodist  preacher  should  shirk  the  hardships  to  which  the  people  were 
subjected.     The  pastors  were  appointed,  and  without  one  exception,  all  went  to 

their  fields  of  labor.  Presiding  Elder  Hovis,  by  vote  of  the  conference,  was 
gi\en  permission  to  go  to  some  of  the  eastern  conferences  and  make  an  appeal 

for  help  for  some  of  the  very  needy  fields  in  the  Northwest  District.  From 
the  report  of  the  committee  on  education  we  find  that  the  location  of  the  college 
was  still  a  problem,  with  eight  of  our  young  cities  desiring  it.  At  the  Lisbon 
conference,  October,  1890,  action  was  taken  which  required  the  decision  of  this 

question  of   location,   and   on   February  25,    1891,   Wahpeton  was   selected  and 

Dr.  T-  N.  Fradenburgh  was  elected  to  the  presidency  at  a  salary  of  $2,000. 

On  June  4,  1891,  Bishop  Fitzgerald  laid  the  corner-stone  of  a  building  which 

was  to  cost  $40,000.  and  it  was  named  "Red  River  Valley  University."    W'm.  H. 

White  was  elected  chairman  of  the  board  of  trustees.     During  the  year  1905  the 

seat  of  the  school  was  changed  and  was  located  at  Grand  Forks.     The  building 


HISTORY  OF  NORTH  DAKOTA  547 

at  Wahpeton  was  sold  to  the  state  and  is  being  used  as  the  State  Science  School. 
"Wesley  College,"'  the  new  name  given  to  the  old  corporation,  was  affiliated  with 
the  Grand  Forks  University. 

Rev.  D.  C.  Pianette,  D.  D.,  did  much  for  the  educational  interests  of  the 
church  in  the  state,  as  well  as  the  religious.  He  published  a  church  paper  entitled 
The  Dakota  Methodist.  An  old  style  camp  meeting  was  held  at  Carlisle, 
Pembina  County,  July,  1884,  under  his  direction.  This  was  the  very  earliest 
eflort  of  this  kind  made  in  the  northern  part  of  the  territory,  and  was  continued 
with  great  profit  to  that  part  of  the  conference  for  several  years.  Others  were 
held  at  Hamline,  County  of  Richland,  and  Mayville,  in  Traill  County,  on  the 
Goose  River.  Rev.  Chas.  A.  Macnamara  preached  the  first  sermon  at  the  Carlisle 
camp  ground.  There  is  at  present  a  permanent  camp  ground  of  ten  acres  located 
at  Jamestown,  which  is  well  sustained.  It  is  worthy  of  note  that  the  first  efforts 
to  locate  a  Chautauqua  Assembly  in  the  state  were  made  by  a  company  of  the 
Alethodist  ministers.  Devils  Lake  was  the  place  chosen.  Dr.  Eugene  May,  the 
pastor  of  First  Church  of  Fargo,  with  Rev.  C.  W.  Collinge  and  Rev.  Jacob  A. 
Hovis  were  the  promoters  of  this  summer  assembly. 

In  June,  1893,  the  City  of  Fargo  was  swept  by  fire  and  two-thirds  of  the 
business  section  was  destroyed,  and  the  newly  erected  Second  Methodist  Church, 
located  on  Robert  Street,  was  totally  burned.  But  the  congregation  immediately 
began  arrangements  under  the  leadership  of  Presiding  Elder  D.  C.  Pianette  to 
rebuild.  At  this  time  Dr.  M.  V.  B.  Knox  was  president  of  the  Red  River  Valley 
University,  with  four  additional  members  of  the  faculty. 

The  First  Church  of  Fargo  had  undertaken  a  new  brick  building  to  cost 
$35,000.  On  the  last  night  of  the  old  year,  1896,  at  the  watch  night  service 
started  in  the  old  building,  the  entire  congregation  passed  into  the  new  church 
building  with  singing,  and  this,  the  third  church  building  erected  by  this  congre- 
gation, was  occupied  and  pronounced  the  "finest  church  in  the  state,"  at  that 
time.  There  was  present  at  this  service  Dr.  J.  B.  Starkey,  the  first  pastor  of  the 
church,  and  later  a  presiding  elder  in  this  state,  who  headed  the  procession. 
bearing  on  his  shoulders  the  pulpit,  which  he  had  made  years  before,  for  use  in 
the  first  church  building.  This  was  the  only  piece  of  church  furniture  which 
was  carried  from  the  old  church  to  the  new  one.    Rev.  W.  H.  Vance  was  pastor. 

About  this  time  the  Grand  Forks  congregation  had  built  their  second  struc- 
ture, a  fine  red  brick,  at  a  cost  of  $25,000. 

The  Epworth  League  was  in  the  height  of  its  usefulness,  and  great  and 
inspiring  meetings  were  planned  for  in  the  state  conventions,  for  the  hosts  of 
enthusiastic  young  people.'  At  the  conference  of  1900,  at  Grand  Forks,  Bishop 
C.  C.  McCabe  consecrated  Mrs.  K.  M.  Cooper  a  deaconess  in  the  church  and 
playfully  called  her  "The  Daughter  of  the  Regiment."  At  this  conference. 
Bishop  McCabe  delivered  his  famous  lecture  on  "The  Bright  Side  of  Life  in 
Libby  Prison."  At  the  1900  General  Conference,  United  States  Senator  Martin 
N.  Johnson  was  one  of  the  lay  delegates.  Rev.  J.  G.  Moore  was  appointed  to 
have  charge  of  the  Minot  District.  It  was  at  a  period  when  the  influx  of  settlers 
to  our  western  prairies  was  greater  than  it  had  been  for  years.  He  was  the  man 
for  the  occasion,  and  in  five  years  brought  about  wonderful  results  for  God 
and  Methodism. 

At  the  same  time  Rev.  S.  A.  Danford  was  placed  in  charge  of  the  Fargo 


548  HISTORY  OF  NORTH  DAKOTA 

District,  which  reached  from  the  east  to  the  west  hne  of  the  state,  and  about 
one-third  of  the  distance  from  north  to  south.  Five  years  of  consecrated  effort 
made  a  most  remarkable  change  in  the  rehgious  and  material  interest  of  that 
portion  of  the  state. 

In  October,  1906,  Bishop  C.  C.  McCabe  made  his  last  visit  to  our  state  and 
conference.  The  date  of  the  opening  of  the  conference  was  the  anniversary  of 
his  seventieth  birthday,  and  amid  great  rejoicing  his  brethren  tendered  him  a 
reception  and  most  hearty  congratulations.  Mrs.  McCabe  was  with  him,  and 
they  responded  with  a  song,  while  the  large  audience  passed  in  front  of  the 
rostrum  and  shook  hands  with  the  happy  couple. 

In  1908,  Bismarck  started  the  erection  of  their  $20,000  church  building,  and 
named  it  the  McCabe  Memorial  Church.  The  comer-stone  was  laid  by  Bishop 
D.  H.  Moore.  The  membership  of  the  conference  had  so  increased  that  the 
delegation  to  the  General  Conference  was  now  six,  three  laymen  and  three  min- 
isters. Judge  Chas.  A.  Pollock  headed  the  lay  delegates  at  the  conference  of 
1908.  A  solicitor  was  appointed  to  create  an  endowment  fund  for  the  confer- 
ence claimants  and  in  four  years  there  was  raised,  in  cash  and  pledges,  $138,000. 

At  the  same  time  Mr.  William  H.  White  was  given  entire  control  of  the 
funds  accruing  for  the  crop  raised  on  the  conference  land,  which  he  had  invested 
and  reinvested  until  it  had  increased  to  $16,000,  and  it  was  named  "The  William 
H.  White  Fund." 

At  the  present  time  there  are  175  regular  appointments  made  to  the  churches 
of  the  conference  in  the  state,  with  five  appointments  of  pastors  to  special  work 
and  college  duties. 

The  church  membership  has  increased  to  almost  thirteen  thousand,  and  invest- 
ment in  church  and  parsonage  property  has  reached  $1,018,795,  ^^^  pastoral 
support  has  attained  the  sum  of  $160,566,  while  the  annual  contributions  to  the 
benevolent  causes  has  grown  to  $29,645.  Wesley  College  has  two  fine  buildings, 
the  gift  of  Mr.  Sayre  and  N.  G.  Larimore,  valued  at  $50,000.  Dr.  E.  P.  Robert- 
son is  president. 


//a// 


Group  of  Residence  Halls 


VIEWS  AT  Tin:  I  xi\  i;i;mi'i  hf  Ndurii  hakuta 


CHAPTER  XXXVI 

HISTORICAL  SKETCH   OF  THE  UNIVERSITY  OF   NORTH   DAKOTA 

The  State  University  was  organized  under  the  provisions  of  a  bill  passed 
by  the  Territorial  Legislature  February  i6,  1883.  By  this  law  it  was  to  be  a 
coeducational  institution  styled  the  State  University  of  North  Dakota,  made  up 
of  a  combined  college  of  arts  and  letters  and  a  normal  college.  It  is  of  some 
interest  to  note  in  this  name  the  first  official  use  of  the  words  North  Dakota,  the 
sister  institution  in  what  was  later  South  Dakota  being  called  the  University  of 
Dakota.  On  the  same  date  an  act  was  approved  providing  for  the  issuance  of 
territorial  bonds  to  the  amount  of  $30,000  to  provide  for  the  construction  of  the 
present  main  building  of  the  university.  By  the  same  act  the  bond  issue  was 
made  contingent  on  the  gift  to  the  territory  of  a  site  of  not  less  than  ten  acres 
and  a  well  equipped  observatory  costing  not  less  than  ten  thousand  dollars. 

In  pursuance  of  the  act  of  organization,  Governor  Ordway  apppointed  the 
first  board  of  trustees  as  follows :  Dr.  W.  T.  Collins,  Grand  Forks ;  Dr.  R.  M. 
Evans,  Minto;  E.  A.  Healy,  Drayton;  Dr.  C.  E.  Teel  and  James  Twamley,  Grand 
Forks.  At  a  meeting  held  on  May  16,  1883,  the  board  formally  accepted  as  a  site 
for  the  new  institution  a  tract  of  land  twenty  acres  in  extent  situated  about  a 
mile  west  of  Grand  Forks.  This  ofifer  was  made  by  William  Budge,  Michael 
Ohmer  and  John  McKelvey,  who  also  gave  bonds  for  the  payment  of  $10,000 
to  erect  and  equip  an  observatory,  thus  fulfilling  the  legal  requirement  for  the 
issue  of  the  bonds.  Three  other  very  excellent  sites  were  offered  by  citizens  of 
Grand  Forks,  one  located  on  the  present  site  of  Riverside  Park,  the  others  in  the 
same  vicinity  but  farther  to  the  north,  all  on  the  Red  River.  These  offers,  how- 
ever, do  not  seem  to  have  been  accompanied  by  any  provision  for  the  $10,000 
to  build  and  equip  an  observatory  as  required  by  law.  The  corner-stone  of  the 
first  structure  on  the  present  university  grounds.  Main  Building,  was  laid  Octo- 
ber 2,  1883.  Grand  Master  A.  S.  Gifford,  of  the  Dakota  Grand  Lodge  of  Free 
Masons,  presided  at  the  ceremonies;  Governor  Ordway  made  a  brief  address 
in  which  he  warmly  congratulated  the  citizens  of  the  territory  that  thus  early 
in  their  history  they  were  preparing  to  educate  their  sons  and  daughters  on  their 
own  soil ;  while  the  principal  address  was  given  by  Dr.  D.  L.  Kiehle,  superin- 
tendent of  public  instruction  of  Minnesota. 

Equipment  and  maintenance  for  the  first  two  years  of  the  new  institution 
were  provided  by  an  act  approved  March  7,  1883. '  By  this  act  $1,000  was  appro- 
priated for  apparatus;  $600  for  fuel,  light,  and  janitor  service;  $1,000  for  inci- 
dental expenses,  and  $400  for  improvement  of  grounds.  An  annual  appropria- 
tion not  to  exceed  $5,000  was  also  made  for  the  salaries  of  the  president  and 

549 


550  HISTORY  OF  NORTH  DAKOTA 

other  members  of  the  instructional  force.  This  may  serve  in  some  sort  as  a 
measure  of  the  progress  of  the  institution  during  later  years. 

In  the  Federal  enabling  act  of  February  22,  1889,  admitting  North  Dakota 
as  a  state,  section  14  sets  aside  72  sections,  or  46,080  acres,  in  the  new  state  for 
university  purposes.  The  fund  created  by  the  sale  of  these  lands  was  to  con- 
stitute a  permanent  university  fund,  the  interest  alone  being  available  for  use. 
In  section  17  of  the  same  act  an  additional  grant  of  40,000  acres  was  granted  to 
the  School  of  Mines.  By  a  provision  in  the  state  constitution,  section  215,  article 
19,  the  location  of  the  School  of  Mines  was  fixed  at  Grand  Forks,  and  since  its 
establishment,  in  1880,  it  has  been  an  inseparable  part  of  the  State  University. 

On  September  3,  1884,  the  trustees  met  to  make  arrangements  for  the  open- 
ing of  the  university  the  following  week.  There  was  only  one  building  on  the 
campus  and  that  not  fully  completed.  Living  rooms  for  the  faculty,  dormitories 
for  the  students,  a  boarding  department,  class  room,  a  library  and  museum  must 
all  be  found  in  the  single  building.  It  was  close  quarters  for  so  large  a  family. 
and  not  a  little  friction  developed  in  the  course  of  adjustment  to  the  new  condi- 
tions. The  faculty  that  met  the  students  on  the  opening  day  of  the  first  year, 
September  8,  1884,  consisted  of  Dr.  Wm.  M.  Blackburn,  president  and  professor 
of  metaphysics;  Henr}-  Montgomen',  vice  president  and  professor  of  natural 
sciences;  Webster  Merrifield,  assistant  professor  of  Greek  and  Latin,  and  Mrs. 
E.  H.  Scott,  preceptress  and  instructor  in  mathematics  and  English.  After  Presi- 
dent Blackburn's  single  year  of  service,  Professor  Montgomery  was  chosen  as 
acting  president,  which  place  he  filled  for  two  years.  In  1887  Dr.  Homer  B. 
Spragiie  was  chosen  president,  his  term  extending  to  March  31,  1891,  when  he 
resigned.  Webster  Merrifield,  now  professor  of  Greek  and  Latin,  was  chosen 
acting  president  for  the  remainder  of  the  year. 

During  the  first  seven  years  the  student  attendance  had  grown  from  79  to  151. 
Three  graduating  classes,  the  first  in  1889,  numbering  a  total  of  twenty,  had 
received  degrees.  The  catalogue  announcement  of  1891  shows  that  the  facidty 
had  been  increased  by  the  addition  of  five  professors,  H.  B.  Woodworth,  John 
Macnie,  Ludovic  Estes,  E.  J.  Babcock  and  Leon  S.  Roudiez.  William  Patten 
was  also  a  new  man,  taking  the  place  of  Henry  Montgomery,  resigned.  Five 
additional  instructors  and  a  laboratory  assistant  brought  the  instructional  force 
to  the  number  of  thirteen,  a  very  considerable  increase  since  1884,  both  in  num- 
bers and  in  departments  represented.  By  legislative  act,  approved  March  31, 
1890,  there  was  fomially  added  to  the  State  University  the  School  of  Mines 
and  a  military  department.  Provision  for  instruction  in  the  latter  had  been  made 
by  the  trustees  after  the  first  year,  but  in  1891  Lieut.  Leon  S.  Roudiez,  Fifteenth 
United  States  Infantry,  was  regularly  detailed  for  the  service.  The  total  appro- 
priation provided  for  by  the  act  of  February  27,  1891,  for  the  biennial  period, 
was  $60,700,  of  which  $41,800  was  devoted  to  the  payment  of  salaries.  Scandi- 
navian was  required  to  be  taught  by  an  act  approved  March  6,  1891,  and  G.  T. 
Rygh  was  appointed  by  the  board  of  trustees  as  instructor  in  these  languages. 

On  Tune  16,  1887,  a  severe  wind  storm  entirely  demolished  the  west  wing  of 
the  main  building  above  the  basement,  blew  down  the  chimneys,  and  destroyed 
the  cupola.  Professor  ]\Iontgomery's  collections  in  the  museum  were  almost  a 
total  loss.  Fortunately,  vacation  had  begun  the  day  before,  and  only  the  janitor's 
family  were  in  the  building.     At  a  public  meeting,  held  in  Grand  Forks  the  next 


SCIENCE  HALL  AND  WOODWOETH  HALL,  UNIVERSITY  OF  NORTH  DAKOTA 


"OLD    MAIN,"     NOW     ilERRIFIELD    HALL,     THE     FIRST     UNIVERSITY     BUILDING, 
UNIVERSITY  OF  NORTH  DAKOTA 


HISTORY  OF  NORTH  DAKOTA  551 

day  to  make  provision  for  those  in  immediate  need  of  aid,  resolutions  were  read 
voicing  a  very  general  sentiment  in  favor  of  removing  the  institution  to  a  site 
nearer  the  city.  The  board  of  trustees,  in  view  of  this  feeling  and  on  account 
of  the  unexpected  burden  of  expense  for  repairs  thus  placed  upon  them,  sent 
the  president  of  their  board,  W.  N.  Roach,  to  Bismarck  to  consult  Gov.  Louis 
K.  Church  as  to  the  best  manner  of  dealing  with  the  matter.  At  a  meeting  held 
on  June  28th,  President  Roach  reported  that  the  governor  did  not  feel  justified 
in  authorizing  the  removal  of  the  university  without  legislative  sanction,  as  it 
would  establish  a  dangerous  precedent,  but  that  he  would  do  all  in  his  power  to 
assist  in  making  repairs  and  would  recommend  to  the  next  Legislature  a  special 
appropriation  for  that  purpose.  Upon  hearing  this  report,  the  board  decided  to 
retain  the  site  already  selected  and  to  repair  Main  Building.  To  meet  these 
expenses  a  loan  was  authorized  from  the  local  banks  not  to  exceed  $10,000. 
The  repairs  made  considerably  altered  the  original  plan,  the  cupola  being  omitted 
and  the  appearance  of  both  east  and  west  gables  much  changed. 

A  dormitory  for  the  young  women  was  also  authorized  by  the  regents  at  this 
meeting,  the  funds  for  which  had  been  provided  by  an  issue  of  territorial  bonds 
to  the  amount  of  $20,000  voted  at  the  session  of  1887.  This  building  was  first 
known  as  "Ladies'  Hall,"  but  by  vote  of  the  trustees,  October  26,  1889,  it  was 
changed  to  "Davis  Hall,"  in  memory  of  a  much-loved  preceptress.  Mrs.  Hannah 
E.  Davis,  who  died  at  the  university,  IMarch  24,  1898. 

The  administration  of  President  Webster  Merrifield  covers  eighteen  years, 
1891-1909,  a  period  of  substantial  growth  in  all  lines  of  university  activity.  The 
establishment  of  a  conservatory  of  music  in  1891  brought  the  student  enrollment 
for  1891-1892'up  to  341,  and  though  this  increase  was  not  maintained  in  later 
years  and  the  conservatory  was  changed  to  a  department  of  music,  it  served  to 
widen  the  general  interest  in  university  work  and  to  attract  a  new  group  of 
patrons  from  all  parts  of  the  state. 

The  administration,  however,  was  put  to  a  severe  test  in  1895.  when  Gov. 
Roger  Allin  vetoed  the  educational  appropriations  of  the  current  legislative  ses- 
sion. The  normal  schools  at  Valley  City  and  Mayville  had  their  appropriations 
of  $24,000  and  $24,860  reduced,  respectively,  to  $4,600  and  $7,760.  The  Agri- 
cultural College  received  $11,250  out  of  $19,000.  The  university  appropriation 
was  reduced  from  $63,000  to  $15,980,  or  merely  enough  to  complete  the  current 
college  year.  Before  the  veto  had  been  announced  a  call  for  a  mass  meeting  in 
Grand  Forks  to  consider  what  could  be  done  in  the  matter  was  circulated  by 
the  university  students.  The  meeting  was  held  on  March  19,  1895.  The  opinion 
was  expressed  by  several  speakers  that  the  citizens  of  Grand  Forks  could  best 
show  their  good  will  by  subscribing  to  a  fund  to  support  the  university  through 
the  next  two  years.  A  committee  was  appointed  to  draft  a  memorial  to  be  pre- 
sented to  Governor  Allin.  After  the  veto  had  been  officially  announced,  a  second 
mass  meeting  was  assembled,  April  9th,  in  pursuance  of  a  call  issued  by  Mayor 
W.  J.  Anderson,  and  a  maintenance  committee  was  chosen  to  solicit  funds.  This 
committee,  consisting  of  W.  J.  Anderson,  chairman ;  M.  F.  Murphy,  secretary ; 
S.  S.  Titus,  treasurer;  Sidney  Clark,  R.  B.  Griffith,  Orange  Wright.  F.  R.  Fulton, 
and  S.  W.  McLaughlin,  appointed  sub-committees  in  the  counties  throughout  the 
state  and  issued  an  address  which  set  forth  the  reasons  for  asking  aid.  A  few 
quotations  from  this  address  will  show  the  nature  of  their  appeal : 


552  HISTORY  OF  NORTH  DAKOTA 

"Shall  the  University  of  North  Dakota  be  closed  ?  This  is  the  question  which 
confronts  the  people  of  the  state.  The  closing  of  the  university  would  be  a 
calamity  in  many  ways.  It  would  advertise  to  the  world  that  North  Dakota  is 
either  unwilling  or  unable  to  maintain  for  her  sons  and  daughters  an  institution 
of  higher  learning.  We  believe  that  the  people  are  both  willing  and  able,  and 
that  they  will  rally  to  the  support  of  their  university.  This  state  is  not  poor. 
She  has  come  through  the  critical  depression  of  the  past  few  years  as  only  few 
states  have — without  either  crop  failures  or  business  disasters.  Her  debt  limit 
is  extremely  low.  The  necessarry  money  could  easily  be  raised  by  taxation,  but 
for  the  low  tax  rate  as  fixed  by  the  constitution.  She  encourages  immigration 
to  her  fertile  fields,  but  she  will  certainly  neutralize  all  her  efiforts  in  that  direc- 
tion by  proclaiming  herself  unable  or  unwilling  to  maintain  her  university  which 
she  inherited  from  territorial  days.  She  has  ever  been  foremost  in  education. 
Will  she  now  take  her  place  farthest  in  the  rear?  The  announcement  that  North 
Dakota  closes  her  university  w^ill  mean  irreparable  injury  to  our  state  in  business, 
population,  education  and  honor.  .  .  .  During  the  last  twelve  years  this  state 
has  expended  large  sums  of  money  and  the  best  energy  of  many  men,  and  as  a 
result  has  gathered  a  learned  corps  of  professors,  an  intelligent  clientage  of 
students,  a  university  reputation  and  educational  momentum  such  as  is  an  honor 
to  a  great  state.  Close  the  doors  for  two  years  and  if  they  ever  open  again  you 
cannot  regather  in  ten  years  your  scattered  forces."    .     .     . 

The  board  of  trustees  met  the  maintenance  committee  in  joint  conference 
on  May  7,  1895,  and  voted  to  accept  the  funds  raised  and  to  give  a  formal  receipt 
signed  by  the  president  of  the  board.  The  total  sum  raised  from  private  sub- 
scriptions was  $25,622.24.  The  donors  of  the  larger  part  of  this  sum  received  cer- 
tificates from  the  board  of  trustees  entitling  the  holders  to  repayment  when 
legislative  appropriation  should  be  made  for  the  purpose.  This  appropriation 
has  not  yet  been  made.  About  two-thirds  of  the  sum  raised  came  from  two 
sources :  first,  the  members  of  the  faculty  generously  gave  up  25  per  cent  of 
their  salaries,  a  total  of  $8,250;  secondly,  the  citizens  of  Grand  Forks  subscribed 
$9,130.  Most  of  the  remainder  was  contributed  from  the  counties  of  Grand 
Forks,  Walsh,  Pembina,  Burleigh,  Nelson,  Ramsey,  Cavalier,  Pierce,  Ransom, 
Cass  and  Steele,  in  sums  varying  in  the  order  of  the  counties  named.  From  out- 
side the  state  the  sum  of  $1,287.50  was  subscribed.  On  May  4,  1897,  the  board 
of  trustees  formally  received  and  adopted  the  report  of  the  maintenance  com- 
mittee covering  the  expenditure  of  most  of  the  fund  raised,  with  only  a  small 
balance  remaining. 

This  episode  in  the  history  of  the  university  was  not  altogether  an  unfortu- 
nate one,  since  it  served  to  bind  its  immediate  constituency  closer  together  by 
mutual  sacrifice  for  the  general  welfare.  This  feeling  of  solidarity  was  still 
further  strengthened  by  the  refusal  of  President  Merrifield  to  accept  the  offer 
of  the  presidency  of  the  University  of  Montana  in  the  spring  of  1895.  During 
these  two  years  the  faculty  and  students  of  the  university  and  the  citizens  of 
the  state  drew  closer  together  than  ever  before  in  their  mutual  efifort  to  maintain 
this  important  state  institution  unimpaired  through  the  most  serious  crisis  in  its 
history.  The  need  of  a  permanent  source  of  revenue  having  thus  been  shown, 
the  friends  of  the  university  devised  a  plan  of  a  mill  tax  which  was  enacted  into 
law  at  a  later  session  of  the  Legislature.     By  an  act  approved  April  28,   1899, 


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HISTORY  OF  NORTH  DAKOTA  553 

a  fixed  revenue  for  the  State  University  was  provided  by  a  two-fifths  mill  tax. 
This  fraction  has  been  changed  by  later  enactments,  but  it  still  serves  its  original 
purpose. 

By  legislative  act  approved  February  26,  1895,  the  State  University  was  given 
the  duty  of  making  a  geological  and  natural  history  survey  of  the  state.  The 
professor  of  geology  was  named  as  ex-ofhcio  state  geologist.  Prof.  E.  J.  Babcock 
had  joined  the  faculty  ip  1889  as  instructor  in  chemistry  and  English,  and  the 
year  following  was  made  professor  of  chemistry  and  geology,  and  became,  there- 
fore, in  1895,  the  state  geologist.  This  position  he  held  until  1901,  when  the 
department  of  geology  was  separated  from  the  School  of  Mines.  This  has 
resulted  in  the  appearance  of  some  excellent  reports,  five  in  number,  dealing 
with  the  general  geological  features  of  the  state.  Some  of  the  volumes  contain 
special  reports  on  the  valuable  natural  resources  of  the  state,  such  as  lignite  coal, 
clay,  cement  and  gas,  the  utilization  of  which  will  usher  in  the  manufacturing 
era  in  the  industrial  development  of  our  state. 

The  library  of  the  university  during  the  college  year  of  1884-5  contained 
742  volumes,  most  of  which  were  a  donation  from  President  Blackburn.  During 
the  first  year  of  President  Sprague's  administration  it  was  made  a  depository  for 
government  publications,  and  increased  to  2,000  volumes.  For  the  first  few  years 
the  secretary  of  the  board  of  trustees  seems  to  have  acted  as  librarian  ex-officio, 
but  in  the  catalogue  of  1888-89,  Professor  Merrifield,  of  the  department  of  Greek 
and  Latin,  is  named  as  the  first  librarian.  The  office  of  librarian  passed  later 
to  other  members  of  the  faculty,  with  graduate  students  as  assistants,  until,  in 
the  year  1901-2,  Cora  E.  Dill  held  the  position  as  first  regular  librarian.  At  this 
time  the  library  was  located  in  three  large  rooms  on  the  second  floor  of  Main 
Budding  and  contained  8,000  volumes.  Marion  E.  Twiss  held  the  position  as 
librarian  for  the  next  two  years,  and  was  succeeded  by  George  F.  Strong. 
During  his  term  of  service  a  cataloguer  was  added  to  the  library  force  and  the 
preparation  of  the  first  regular  card  catalogue  was  begun  in  1907.  In  1908  Mr. 
Strong  resigned  and  Charles  H.  Compton  was  chosen  as  his  successor.  The 
library  had  grown  very  rapidly  in  all  departments  during  the  four  years  of  Mr. 
.Strong's  service,  numbering,  in  1908,  about  twenty-five  thousand  bound  volumes 
and  five  thousand  pamphlets.  For  the  past  four  years  Clarence  W.  Summer  has 
been  librarian.  The  present  library  numbers  some  fifty-nine  thousand  volumes. 
The  completion  of  the  Carnegie  Library,  which  was  occupied  in  the  fall  of  1908, 
gave  the  university  more  space  for  growth  and  specialization  along  lines  of 
development  much  needed  by  both  faculty  and  students.  Among  the  special 
collections  in  the  library  may  be  mentioned  the  Judge  Cochrane  collection  of 
2,000  volumes,  donated  in  1904  by  Mrs.  Cochrane;  the  Hill  Railway  Transporta- 
tion collection,  donated  by  James  J.  Hill ;  and  the  Scandinavian  collection  of 
nearly  three  thousand  volumes,  partly  donated  by  the  Scandinavian  citizens  of 
the  state  and  partly  purchased  by  a  special  appropriation  provided  by  the  board 
of  trustees. 

The  erection  of  new  buildings  and  the  perfecting  of  the  general  university 
equipment  make  the  administration  of  President  Merrifield  a  notable  one.  The 
present  Macnie  Hall,  the  east  portion  of  which  was  built  in  1883,  provided  a 
much  needed  dormitory  for  the  young  men.  It  was  erected  on  an  old  founda- 
tion laid  in  1884  for  an  astronomical  observatory.     The  expense  of  the  founda-  . 


554  HISTORY  OF  NORTH  DAKOTA 

tion  was  defrayed  from  the  small  portion  which  could  be  collected  of  the  original 
$10,000  pledged  in  1884  when  the  university  site  was  chosen.  Budge  Hall,  now 
the  dormitory  for  the  young  men,  was  built  in  1899.  It  was  named  in  honor  of 
William  Budge,  a  trustee  of  the  university  for  sixteen  years  and  one  of  the  most 
trusted  of  President  Merrifield's  corps  of  advisers.  The  catalogue  for  1900 
announces,  for  the  first  time,  the  School  of  Mines,  the  College  of  Mechanical 
Engineering,  and  the  College  of  Law.  Two  new  buildings  were  erected  to  accom- 
modate the  enlargement  of  the  university  work  thus  provided  for.  Science  Hall 
in  1901,  and  the  Mechanical  Arts  building  in  1902.  The  president's  house  was 
added  the  next  year.  The  work  of  the  School  of  Mines  was  carried  on  in  Science 
Hall  until  1908,  when  a  building  was  erected  for  that  special  purpose.  During 
the  same  year  the  new  power  house,  the  gymnasium  and  the  Carnegie  Library 
were  added.  The  original  20-acre  campus  of  1891  had  been  increased  by  pur- 
chase and  gift  to  more  than  a  hundred  acres.  Of  this  addition  Doctor  Merri- 
field,  in  1906,  gave  twenty  acres,  lying  immediately  east  of  the  old  campus.  On 
this  tract  are  now  located  the  library,  the  School  of  Mines  and  Teachers'  Col- 
lege. It  may  be  said  here  that  in  1910  the  trustees  purchased  another  20-acre 
lot  lying  east  of  the  last  mentioned  tract.  The  university  commons  was  com- 
pleted in  191 1  and  stands  practically  in  the  center  of  the  campus.  These  mate- 
rial improvements  are  manifestations  of  a  deep  interest  on  the  part  of  the 
state  government,  and  redound  to  the  credit  of  the  university  management. 

When  the  trustees  of  the  Methodist  College  at  Wahpeton,  acting  upon  the 
suggestion  of  President  Merrifield,  who  since  1901  had  advocated  the  policy, 
decided  to  change  its  location  to  Grand  Forks  and  sought  affiliation  with  the 
university,  they  were  received  with  admirable  fairness  and  liberality.  An  excel- 
lent location  was  secured  by  the  college,  just  across  the  street  from  the  univer- 
sity campus,  and  the  erection  of  buildings  begun  in  1906.  Provision  for  exchange 
of  credits  on  the  usual  collegiate  basis  was  made  in  1905  and  the  experiment 
of  affiliation  launched.  The  experiment,  thus  made,  has  proven  a  success.  It 
has  been  watched  with  interest  by  educators  and  it  has  seemingly  added  a  vital 
phase  to  state  education,  which  must  necessarily  be  non-sectgrian  and,  in  the 
eyes  of  many,  non-religious.  Wesley  College  has  brought  to  North  Dakota  the 
best  of  musical  talent  as  well  as  several  leaders  in  the  fields  of  theological 
research.  Two  dormitories,  built  by  the  college,  have  been  of  service  to  univer- 
sity students. 

Another  matter  of  considerable  significance  that  came  through  the  initiative 
of  President  Merrifield  was  the  creating,  in  1895,  of  the  State  High  School 
Board,  with  the  president  of  the  university  an  ex-ofiicio  member  thereof.  This 
brought  the  institution  into  close  touch  with  the  schools  from  which  it  draws 
its  students  and  for  which  it  prepares  teachers.  The  important  questions  of 
high  school  credits,  examinations,  inspection,  text-books  and  curriculum  now 
come  to  a  greater  or  less  extent  under  the  direction  or  control  of  this  board. 
The  annual  high  school  conference, 'first  held  in  1901,  the  interscholastic  meet, 
beginning  with  1903,  and  the  state  declamation  contest,  all  of  which  are  regularly 
held  at  the  university  in  May,  each  year,  have  served  to  identify  the  interests 
of  the  high  schools  closely  with  those  of  the  university. 

When  it  became  officially  known  that  President  Merrifield  hfid  decided  to 
sever  his  connection  with  the  State  LTniversity,  after  a  quarter  of  a  century  of 


HISTORY  OF  NORTH  DAKOTA  555 

service,  the  trustees  at  once  began  the  search  for  a  new  head  of  the  institution. 
Their  selection  of  Dr.  Frank  LeRond  McVey,  chairman  of  the  Minnesota  Tax 
Commission,  and  formerly  a  member  of  the  faculty  of  the  State  University  of 
that  state,  gave  satisfaction  to  the  ahmini  and  citizens  of  the  state,  as  well  as  to 
those  more  closely  connected  with  the  iniiversity.  President-elect  McVey  lost 
no  time  in  making  himself  acquainted  with  the  special  needs  and  problems  of  our 
institution.  He  visited  Bismarck  and  met  many  of  the  members  of  the  Legis- 
lature then  in  session,  speaking  at  a  joint  meeting  of  the  House  and  Senate  appro- 
priation committees  on  the  needs  of  the  State  University  and  its  relation  to  other 
educational  institutions  in  the  state.  He  also  spoke  before  a  joint  session  of 
both  houses  on  the  general  subject  of  state  taxation.  The  favorable  impression 
made  upon  the  Legislature  at  this  visit  had  much  to  do  in  securing  the  generous 
appropriation  of  that  session.  With  this  introduction  to  those  responsible  for 
the  wise  expenditure  of  public  funds,  the  new  president  assumed  the  duties  of 
his  office  in  1909. 

The  administration  of  President  ^IcVey,  has  been  fully  in  line  with  the 
progressive  policy  demanded  by  the  changing  conditions  in  the  state.  The 
appropriation  secured  in  the  legislature  of  1909  allowed  the  erection  of  two  beau- 
tiful buildings  during  the  two  years  following,  the  Teachers  College  building  and 
the  Commons  building.  The  use  of  a  more  durable  building  material  and  the 
adoption  of  a  new  style  of  architecture  in  these  buildings  has  much  improved  the 
appearance  of  the  campus  and  will  add  much  to  the  permanence  and  beauty  of 
future  buildings  on  the  larger  campus  that  has  been  provided  for  them. 

At  the  end  of  a  year's  service  in  the  university  and  after  becoming  intimately 
acquainted  with  the  particular  problems  of  the  institution,  especially  from  the 
point  of  view  of  the  citizens  and  taxpayers  whom  he  had  met  during  the  course 
of  his  many  lecture  trips  through  the  state,  President  !McA'ey  came  to  his  formal 
inauguration  thoroughly  in  touch  with  the  constituency  of  the  university.  In  his 
inaugural  address  he  expressed  his  deliberate  conclusions,  drawn  from  his  long 
experience  as  university  man  and  a  public  officer  in  Minnesota,  and  from  his 
more  recent  contact  with  the  new  educational  conditions  here.     He  said : 

"It  is  time  to  recognize  the  fact  that  a  university  is  a  great  latent  force  that 
■can  be  utilized  in  many  directions.  It  ought  to  be  closely  related  to  every  depart- 
ment of  the  state.  It  should  be  the  medium  through  which  statistics  are  gathered, 
information  collected,  advice  given,  problems  solved,  in  fact,  real  part  of  the  state 
government. 

"It  is  not  beyond  the  truth  to  say  that  a  university  is  a  beacon  light  to  the 
people  of  a  commonwealth,  pointing  out  to  them,  not  only  where  advances  are  to 
'be  made  in  the  realms  of  commerce  and  trade,  but  in  the  fields  of  morals,  general 
knowledge,  and  better  living ;  and  vice  versa,  we  may  say  that  there  is  no  clearer 
indication  of  the  advances  a  people  have  made  than  that  set  by  their  university. 
Once  free  from  political  control,  and  truly  of  the  people  in  the  larger  democratic 
sense,  it  means  that  the  people  of  a  commonwealth,  where  such  an  institution 
exists,  are  truly  turned  toward  real  progress  and  the  light  of  the  lamp  of  civili- 
zation." 

The  State  University  has  been  able  to  accomplish  much  it  its  position  as  the 
leading  educational  institution  in  the  state,  especially  in  recent  years.  Its  agen- 
cies for  state  service  have  been  very  greatly  increased  during  the  present  admin- 


556  HISTORY  OF  NORTH  DAKOTA 

istration,  and  their  efficiency  and  usefulness  are  coming  to  be  universally  recog- 
nized. A  brief  account  of  some  of  the  more  important  of  these  may  very  properly 
come  at  the  close  of  this  general  sketch. 

Service  to  the  state  can  be  rendered  by  an  institution  in  many  ways  other  than 
through  direct  dealing  with  the  student  body.  It  is  now  almost  universally  recog- 
nized that  one  of  the  chief  functions  of  a  university  is  performed  through  the 
work  of  research,  investigation,  both  directly,  in  the  definite  scientific  discoveries 
made,  and  indirectly,  through  the  student  thus  trained.  The  University  of  North 
Dakota  has  not  been  able  to  throw  emphasis  upon  this  phase  of  the  work  until 
recently.  Its  departments  were  too  broad,  and  therefore  its  men  attempting  to 
cover  too  much  ground,  and  its  laboratories  inadequately  equipped.  For  these 
reasons  and  others  graduate  work  had  had  but  little  recognition. 

Looking  in  the  direction  of  this  larger  usefulness,  the  graduate  department  was 
organized  during  the  university  year  of  1909-10,  and  every  possible  encourage- 
ment is  now  given  to  this  work,  even  to  making  provision  for  productive  scholar- 
ships and  fellowships  open  to  general  competition.  Many  of  the  departments  of 
the  university  are  co-operating  in  this  important  phase  of  work  by  maintaining 
graduate  seminars  where  the  results  of  original  research  are  discussed  at  regular 
sessions.  A  considerable  number  of  graduates  of  the  university  have  successfully 
completed  graduate  work  at  older  institutions  in  the  past  five  years. 

The  separation  of  the  department  of  chemistry  from  the  School  of  Mines  in 
1910  allowed  for  a  much  needed  expansion  in  the  work  of  the  department.  This 
increased  opportunity  thus  given  for  advanced  work  in  chemistry  was  speedily 
justified  by  Dr.  Abbott's  discovery  of  a  method  for  the  detection  of  cocaine  used  in 
adulteration  of  snufif,  a  problem  of  the  utmost  importance  as  affecting  public 
health  and  one  that  had  so  far  baffled  some  of  the  ablest  chemists  of  the  country. 
Other  constructive  pieces  of  work  have  been  done  to  jutsify  the  development  of 
.the  department. 

In  1909  the  department  of  physics  was  reorganized  and  enlarged.  Three  men 
now  give  their  entire  time  to  the  work  making  it  possible  to  add  graduate  work  of 
a  high  order.  The  department  has  investigated  a  series  of  special  problems  of 
great  commercial  interest,  such  as  the  specific  heats  of  North  Dakota  clays  and 
their  thermal  and  electrical  conductivities.  It  has  been  discovered  in  the  course  of 
the  investigation  that  these  clays  prove  very  satisfactory  material  for  the  construc- 
tion of  high  grade  electric  resistance  furnaces,  which  have  heretofore  been  pur- 
chased abroad.  The  mechanical  department,  established  at  the  beginning  of  the 
present  college  year,  and  under  the  direction  of  the  department  of  physics,  is 
proving  invaluable  to  the  scientific  and  engineering  interests  of  the  university. 
In  the  repair  and  construction  of  delicate  and  costly  instruments  and  apparatus, 
it  has  filled  a  unique  place,  already  contributing  to  the  success  of  half  a  score  of 
the  important  departments  of  the  institution.  The  work  of  Dr.  A.  H.  Taylor, 
head  of  the  department  of  Physics,  in  developing  a  wireless  station,  has  been  pro- 
ductive of  large  results  in  the  field  of  wireless  research  and  practical  application. 

The  legislature  of  1909,  in  addition  to  making  appropriations  for  needed  build- 
ings on  the  campus,  also  provided  for  two  new  agencies  of  great  valtie,  the  Mining 
sub-station  at  Hebron,  in  the  heart  of  the  mining  regions  of  the  state,  and  the 
Biological  station  at  Devils  Lake.  The  formed,  the  Mining  sub-station,  has  already 
done  a  notable  work,  the  result  of  the  year's  experiments  being  the  discover}-  of  a 


HISTORY  OF  NORTH  DAKOTA  557 

practical  mode  of  briquetting  the  lignite  coal  of  the  state,  so  as  to  make  of  it  a 
high  grade  fuel.  The  same  process  also  secures  a  large  volume  of  excellent  coal- 
gas  capable  of  being  used  either  as  fuel  or  light.  This  discovery  alone  is  worth 
more  to  the  state  than  the  entir-e  cost  of  the  maintenance  and  equipment  of  the 
university  up  to  the  present  time,  for  it  places  within  reach  of  the  manufacturer 
a  cheap  and  excellent  source  of  power  in  our  extensive  coal  beds  that  underly 
more  than  one-third  of  the  state.  Dean  Babcock  and  Dr.  Taylor  of  the  physics 
department  have  pursued  still  further  an  important  investigation  into  the  heat 
values  of  lignite  and  other  coals,  to  determine  how  they  may  best  be  utilized  for 
power.  The  work  in  ceramics,  organized  in  1910,  has  a  similar  problem  to  solve 
with  reference  to  the  deposits  of  clay  in  the  state,  and  much  valuable  data  is  being 
collected  bearing  on  the  manufacture  of  clay  products  ranging  from  the  finest 
grades  of  pottery  to  drain  and  sewer  pipe.  The  results  that  have  now  been 
attained  in  our  ceramics  field  have  guaranteed  the  existence  of  a  clay-working 
industry  in  North  Dakota,  which  will  ultimately  be  of  great  value. 

The  problem  given  the  Biological  station  was  the  study  of  the  animal  and 
vegetable  life  of  the  state,  that  they  might  be  more  fully  utilized  for  scientific 
and  commercial  purposes.  The  station  is  well  equipped  with  a  commodious  and 
well-appointed  building  having  laboratory,  library,  museum  and  lecture-room  con- 
veniences, also  with  all  needed  apparatus  for  the  successful  prosecution  of  such 
work  as  contemplated.  The  biological  work  of  the  summer  sesion  of  the  uni- 
versity is  now  regularly  done  at  the  station.  Although  the  work  is  still  yoimg, 
very  definite  results  have  already  been  obtained  and  much  progress  made  in  the  in- 
vestigation of  such  matters  as  restocking  the  lakes  of  the  state  with  fish,  the  grow- 
mg  of  trees  in  a  prairie  state,  the  preservation  and  enlargement  of  bird  life  and 
similar  activities. 

The  head  of  the  department  of  history,  as  secretary  of  the  State  Historical 
Society,  has  made  a  preliminary  archaeological  survey  of  the  state  and  begun  the 
■collection  of  a  valuable  museum  at  Bismarck.  The  State  Historical  Library  at  the 
state  capitol,  which  has  been  built  up  during  the  past  ten  years,  is  a  very  complete 
collection  of  historical  material  relating  to  the  Northwest  and  to  Canada.  Four 
volumes  of  collections  have  already  been  issued  by  the  secretary  as  editor  for  the 
Historical  Society.  In  these  volumes  are  to  be  found  many  contributions  by  uni- 
versity students  of  the  Historical  Seminar,  which  has  been  one  of  the  regular 
features  of  the  work  in  the  department  of  history  since  1905.  In  the  end  these 
labors  will  result  in  the  production  of  an  accurate  and  comprehensive  history  of 
the  state,  which  is  much  needed,  especially  in  the  schools. 

Among  the  first  suggestions  that  President  McVey  made  to  the  faculty  upon 
assuming  the  duties  of  office  was  one  looking  toward  the  establishment  by  the 
institution  of  a  high  grade  periodical,  scientific  and  literary  in  character,  that 
should  serve  both  as  a  medium  of  exchange  between  this  institution  and  others 
and  also  a  channel  through  which  the  members  of  the  instructional  force  might 
give  to  the  public  some  of  the  results  of  their  investigations,  their  discoveries  and 
their  matured  thought.  The  matter  was  most  carefully  considered  and  restilted 
in  a  recommendation  to  the  board  of  trustees  that  such  action  be  taken.  The 
trustees  acted  favorably  and  the  Quarterly  Journal  was  established,  the  first 
number  bearing  the  date,  October,  1910.  The  publication  has  met  with  much 
local  favor  and  received  a  warm  welcome  from  the  scholarly  world. 


558  HISTORY  OF  NORTH  DAKOTA 

The  grouping  of  colleges,  departments  and  courses  having  a  common  purpose, 
a  notice  of  which  first  appeared  in  the  catalogue  issued  in  1910,  has  served  to 
unify  and  strengthen  much  that  would  otherwise  be  less  efficient  in  a  general  uni- 
versity plan.  The  Division  of  Medicine,  which  has  included  the  College  of 
Medicine,  established  in  1905,  and  the  Public  Health  Laboratory,  established  in 
1907,  was  increased  by  the  addition  of  a  course  for  the  training  of  nurses,  under 
an  efficient  director.  Similarlj',  the  two  colleges  of  Alining  Engineering  and 
Mechanical  and  Electrical  Engineering,  with  the  Course  in  Civil  Engineering,  were 
first  grouped  under  the  Division  of  Engineering.  By  a  recent  action  of  the  present 
Board  of  Regents,  all  the  engineering  work  of  the  University  has  been  brought 
under  one  head.  Dean  E.  J.  Babcock  will  have  direction  of  the  College  of  Engi- 
neering. The  Division  of  Education  included  the  Teachers  College  and  the  Model 
High  School.  Teachers  College,  established  in  1905,  is  the  development  of  the 
old  normal  college  which  dated  from  the  establishment  of  the  university  in  1883, 
while  the  Model  High  School  is  the  old  preparatory  department  retained  as  a  lab- 
oratory for  Teachers  College.  In  191 1  the  name  "Teachers  College"'  was  changed 
to  "School  of  Education,"  in  conformity  to  the  re-organization  which  makes  it 
practically  a  professional  school. 

The  Law  School,  established  in  1889,  is  rapidly  becoming  a  very  potent  factor 
in  the  development  of  the  institution,  and  of  the  state  itself  as  well.  The  entrance 
requirements  have  been  gradually  raised  and  the  course  of  instruction  enlarged 
and  enriched  until,  beginnig  with  1909-1910,  a  full  three  years  professional  course, 
resting  upon  graduation  from  a  four  year  high  school  course,  was  required  for 
the  law  degree.  Beginning  with  191 7,  two  years  of  college  work  will  be  a  pre- 
requisite for  entrance. 

The  influence  of  a  body  of  mature  graduates,  such  as  the  Law  School  has 
been  sending  out.  has  been  out  of  all  proportion  to  their  numbers ;  and,  in  view 
of  the  fact  that  a  relatively  large  portion  of  the  state  is  still  receiving  the  perma- 
nent and  stable  elements  of  its  population,  especially  of  the  professional  and  busi- 
ness class,  the  importance  of  the  Law  School  as  a  formative  influence  in  our  new 
state  can  hardly  be  overestimated. 

The  student  body,  likewise,  is  becoming  better  organized.  The  Women's  League, 
organized  in  igo6,  and  the  Men's  Union,  in  1910,  have  already  done  good  service 
and  give  promise  of  great  usefulness  in  the  years  to  come.  The  Men's  Union 
was  last  year  combined,  by  student  vote,  with  the  Y.  M.  C.  A.  The  arrangement, 
though  temporary,  may  become  a  permanent  one  ultimately.  The  new  gymnasium, 
opened  in  igo8,  giyes  ample  accommodation  for  in-door  sports  and  training  for 
out-door  events.  In  igio  the  trustees  purchased  the  twenty  acres  on  the  east 
side  of  the  campus,  and  here  there  has  been  prepared  a  permanent  athletic  field, 
large  enough  to  accommodate  the  growing  student  body  for  many  years  to  come. 

For  many  years  a  summer  school  has  been  maintained  at  the  university,  mainly 
for  the  preparation  of  teachers  for  the  rural  schools.  In  this  work  the  State 
Superintendent  of  Public  Instruction  and  the  county  superintendents  of  nearby 
counties  co-operated,  the  university  merely  furnishing  the -buildings  and  general 
equipment.  There  seemed,  however,  to  be  a  growing  demand  for  opportunities 
to  do  more  advanced  work  which  was  met  by  establishing,  in  1910.  a  university 
summer  session.  This  extension  of  university  work  has  been  so  well  received  that 
practically  the  entire  equipment  of  the  university  is  now  available  for  use  through- 


\., ;.  w        ,    •..,  .^.  ,v^ 


UNIVERSITY  GYMNASIL.M,  I  .\l\  ERSITY  OF  NORTH  DAKOTA 


J.  H.  WORST,  LL.  D. 
President  of  North  Dakota  Agricultural  College 


HISTORY  OF  NORTH  DAKOTA  559 

out  the  year.  The  enroUment  of  the  summer  session  has  steadily  increased.  This  is 
but  one  of  the  many  things  that  the  present  management  is  doing  to  make  the  insti- 
tution serve  the  state  in  every  possible  way.  It  is  but  one  indication  that  we  have 
caught  the  spirit  of  service  so  clearl)-  in  evidence  throughout  the  length  and  breadth 
of  the  land. 

Another  feature  of  university  work  that  has  been  pushed  very  vigorously  dur- 
ing the  past  few  years  is  that  of  the  library.  The  regular  library  staff  consists  of 
five  members  with  a  number  of  student  assistants.  The  card  catalogue  titles 
now  number  about  100,000,  and,  in  addition  to  making  it  as  useful  as  possible  to 
students  and  members  of  the  faculty  on  the  grounds,  every  effort  is  being  put 
forth  to  make  it  available  to  those  outside  of  the  university.  This  is  done  by  the 
preparation  of  a  list  of  subjects  for  debates  and  accompanying  bibliographies  for 
the  high  schools,  by  the  loaning  of  such  books  as  are  needed  for  work  in  corre- 
spondence courses  or  the  study  of  any  special  subject  by  local  clubs  or  literary 
organizations,  and  by  securing  for  temporary  use  in  the  university  library  by 
special  loans  such  books  as  are  to  be  found  only  in  the  larger  libraries  of  the  coun- 
try. In  this  way  the  university  has  become  a  reference  library  and  center  of  gen- 
eral information  along  literary  lines  for  a  circle  of  readers  as  wide  as  the  state. 

\\'ith  the  opening  of  the  Public  Health  Laboratory  on  July  i,  1907,  the  univer- 
sity entered  upon  a  new  field  of  public  service,  that  of  the  prolongation  of  the  hu- 
man life,  the  prevention  of  disease,  and  the  co-operation  with  all  the  regular  agen- 
cies of  society  in  the  improvement  of  public  health.  So  efficient  has  this  work  of  the 
university  proved  to  be,  that  two  branch  laboratories  were  established  in  1910, 
at  ]\Iinot  and  Bismarck.  Among  the  many  problems  considered,  two  of  immediate 
and  vital  importance  to  the  citizens  of  the  state  continue  to  be  the  subject  of  re- 
search at  the  Public  Health  Laboratory,  the  purification  of  the  water  supply  for  city 
populations,  and  a  sanitary  method  of  sewage  disposal  adapted  to  climate  of  ex- 
tremes, such  as  is  experienced  in  our  state.  Important  reports  covering  valuable 
investigations  have  already  been  made  and  there  are  still  others  soon  to  appear, 
of  equal  importance.  Other  problems  of  public  health  have  been  dealt  with 
effectively  by  the  laboratory.  Dr.  L.  D.  Bristol  lias  for  the  past  two  years  carried 
on  the  work  which  was  so  well  begun  by  Dr.  G.  F.  Ruediger. 

The  most  important  single  university  exercise  of  the  week  is  Convocation, 
which  has  developed  out  of  the  daily  morning  chapel  exercises  of  early  years. 
Convocation  is  the  weekly  gathering  of  faculty,  students  and  townspeople  at  the 
Gymnasium  to  hear  some  lecturer  of  note,  or  some  local  speaker,  on  a  topic  of 
general  interest.  W'ithin  the  last  two  years  it  has  become  specially  significant  as 
furnishing  one  of  the  principal  means  for  the  transmission  to  the  general  university 
body  of  the  current  thought  in  the  larger  world  outside  their  immediate  circle. 

Among  all  the  numerous  means  for  securing  a  wider  scope  for  university 
activity,  none  are  more  significant  than  those  grouped  under  the  Extension  Divi- 
sion, created  in  1910.  President  McVey  developed  the  two  most  important  fea- 
tures of  this  department  as  a  means  of  meeting  a  growing  need  throughout  the 
state,  and  also  to  utilize  more  effectively  our  accumulated  resources,  which  were 
at  the  disposal  of  the  public  whenever  the  adequate  means  should  be  provided 
for  their  distribution.  Correspondence  courses  and  extension  lectures  are  proving 
as  in  other  institutions,  the  best  means  for  reaching  the  larger  university  body 
throughout  the  state.     Much  remains  to  be  done  in  perfecting  the  machinery  of 


560  HISTORY  OF  NORTH  DAKOTA 

this  department.  President  McVey  has  helped  to  pioneer  the  movement  through 
its  initial  stages,  and,  as  the  lecturer  most  widely  in  demand,  has  disseminated  the 
ideas  of  university  service  among  all  classes  and  in  every  part  of  the  state.  The 
division  was  for  two  years  in  charge  of  Mr.  J.  J.  Pettijohn.  Dr.  F.  C.  English  was 
director  during  the  year  1914-15.  At  the  beginning  of  the  school  year  1915-16, 
the  division  was  reorganized  and  the  work  placed  under  two  bureatis,  the  Bureau 
■of  Educational  Co-operation  and  the  Bureau  of  Public  Information,  a  secretary 
being  placed  in  charge  of  each  bureau.  The  Bureau  of  Public  Information  rep- 
resents a  new  phase  of  extension  service  in  North  Dakota  in  its  work  of  publicity 
and  the  general  spread  of  public  information  along  various  lines.  The  Bureau  of 
Educational  Co-operation  carries  on  the  older  branches  of  the  extension  service, 
the  correspondence  Study  Courses,  and  the  university  lecture  and  lyceum  courses. 
No  summary  of  the  university's  work  is  in  any  way  complete  without  a  word 
as  to  President  McVey  and  his  administration.  Since  he  came  to  the  university, 
there  has  been  a  noticeable  awakening  in  all  lines  of  university  service.  The  stand- 
ards of  scholarship  have  been  raised.  The  Extension  Division  is  but  one  manifes- 
tation of  the  new  conception  of  the  State  University,  the  institution  which  really 
stands  for  state-wide  service  and  which  is  not  simply  a  "Campus  school."  For 
the  acceptance  of  this  large  idea  in  education  as  a  working  thing  in  North  Dakota, 
Dr.  McVey  is  very  largely  responsible.  The  president  has  won  for  the  university 
a  very  important  place  in  the  hearts  of  North  Dakota  people.  Through  a 
number  of  the  university's  achievements,  he  has  increased  the  interest  of  educators 
in  the  University  of  North  Dakota,  which,  catching  the  best  inspiration  in  college 
circles,  has  yet  found  for  itself  rather  unique  fields  of  service. 


CHAPTER  XXXVII 
NORTH  DAKOTA  VOLUNTEERS 

COMPLETE  ROSTER  OF  THE  FIRST   NOR^TH  DAKOTA   INFANTRY,   U.   S.  V.,   IN  THE  CAM- 
PAIGN  IN  THE  PHILIPPINE  ISLANDS 

COMPANY    A FIRST    BATTALION 

William  P.  Mofifett,  Capt.,  editor,  Bismarck,  N.  D. ;  S.  H.  Newcomer,  ist 
Lieut.,  printer,  Bismarck,  N.  D.;  William  J.  McLean,  2d  Lieut.,  printer,  Bis- 
marck, N.  D. ;  Hugh  A.  Scott,  ist  Sergt.,  student,  Bismarck,  N.  D. ;  Lynn  W. 
Sperry,  Q.  M.  Sergt.,  rancher,  Bismarck,  N.  D. ;  William  A.  McHugh,  Sergt., 
printer,  Bismarck,  N.  D. ;  Joseph  A.  McGinnis,  Sergt.,  engineer,  Mandan,  N.  D. ; 
Alexander  H.  Louden,  Sergt.,  farmer,  Bathgate,  N.  D. ;  Ira  A.  Correll,  Sergt., 
bookkeeper,  Munfordsville,  Ky. ;  Emil  Froemmig,  Corp.,  painter,  Bismarck, 
N.  D. ;  Thomas  J.  Dalton,  Corp.,  cigar-maker,  Bismarck,  N.  D. ;  Rudolph  W. 
Patzman,  Corp.,  cook,  Bismarck,  N.  D. ;  Emil  F.  Wotz,  Corp.,  farmer,  Bis- 
marck, N.  D. ;  Fred  N.  Whittaker,  Corp.,  clerk,  Grand  Forks,  N.  D. ;  Charles 
H.  McDonald,  Corp.,  laborer,  Bismarck,  N.  D. ;  William  J.  Pettee,  Mus.,  printer, 
Bismarck.,  N.  D. ;  John  L.  Peterson,  Mus.,  clerk,  Bismarck,  N.  D. ;  Charles  W. 
Firm,  artificer,  blacksmith,  Centralia,  Wash. ;  John  R.  Edick,  wagoner,  rancher, 
Livona,  N.  D. ;  Wallace  Stoddard,  cook,  aeronaut,  Hamilton,  111. 

Privates 

Andrew  Anderson,  cook,  Bismarck,  N.  D. ;  Robert  E.  Baer,  butcher,  San 
Francisco,  Cal. ;  Frank  E.  Berg,  laborer,  Bismarck,  N.  D. ;  James  L.  Black, 
farmer.  Sterling,  N.  D. ;  Daniel  L.  Boutillier,  farmer,  Williamsport,  N.  D. ; 
Edmund  L.  Butt,  laborer,  Billings,  Mont. ;  William  A.  Crumley,  cook,  Bis- 
marck, N.  D. ;  William  J.  Dolan,  bookkeeper,  Bismarck,  N.  D. ;  John  P.  Drury, 
boiler-maker,  Mandan,  N.  D. ;  John  J.  Durkin,  laborer,  San  Francisco,  Cal. ; 
Arthur  C.  Eggleston,  painter,  Fargo,  N.  D. ;  Willard  J.  Flynn,  laborer,  Bis- 
marck, N.  D. ;  Martin  Feely,  Jr.,  rancher,  Mandan,  N.  D. ;  John  Galloway, 
laborer.  Sterling,  N.  D. ;  Edward  C.  Grogan,  laborer,  Livona,  N.  D. ;  Charles 
Glitschka,  clerk,  Bismarck,  N.  D. ;  Gilbert  Glitschka,  laborer,  Hawley,  Minn. ; 
John  Halverson,  laborer,  Deerfield,  Wis. ;  Jay  L.  Hill,  lineman,  Mandan,  N.  D. ; 
Frank  B.  Hungerford,  horseshoer,  Cooperstown,  N.  D. ;  Robert  Jager,  teamster, 
Bismarck,  N.  D. ;  Mons  E.  Jerdee,  carpenter,  Hope,  N.  D. ;  Fred  E.  Kuhnast, 
carpenter,  Fargo,  N.  D. ;  Rudolph  Koplen,  laborer,  Neenah,  Wis. ;  Richard  M. 
Longfellow,  boiler-maker,   Mandan,   N.   D. ;   Andrew   M.   Lobner,   laborer.    Bis-. 

Vol,  1—36 

561 


562  HISTORY  OF  NORTH  DAKOTA 

marck,  N.  D. ;  Louis  Larson,  laborer,  Oshkosh,  Wis. ;  George  W.  Moore,  cook, 
Bismarck,  N.  D. ;  Frank  C.  McTavish,  laborer,  Bismarck,  N.  D. ;  Peter  Nelson, 
laborer,  Menlo  Park,  Cal. ;  Ziba  B.  Olen,  carpenter,  Bismarck,  N.  D. ;  William 
C.  Olen,  farmer,  Bismarck,  N.  D. ;  John  Oleson,  laborer,  Fargo,  N.  D. ;  Thomas 
Perfect,  farmer,  Sunbury,  Ohio ;  Thomas  R.  Peterson,  laborer,  Washburn,  N.  D. ; 
August  Pommrink,  machinist,  Bismarck,  N.  D. ;  John  H.  Pauls,  carpenter,  Green 
Bay,  Wis. ;  Henry  F.  Radke,  carpenter,  Mandan,  N.  D. ;  Benjamin  F.  Rose,  car- 
penter. New  Salem,  N.  D. ;  Wm.  H.  Shaw,  laborer,  Mandan,  N.  D. ;  Daniel  M. 
Slattery,  clerk,  Bismarck,  N.  D. ;  Alton  E.  Stone,  farmer,  McKenzie,  N.  D. ; 
Nils  T.  Syverud,  clerk,  Fargo,  N.  D. ;  Calvin  D.  Wilson,  farmer,  Bismarck, 
N.  D. ;  Mark  Yeater,  clerk,  Williamsport,  N.  D. ;  Henry  F.  Zolk,  laborer,  Bis- 
marck, N.  D. 

Discharged 

Piatt  Dunn,  Corp.,  Bismarck,  N.  D.,  student,  by  orders,  August  25,  1899; 
John  P.  Boland,  Mandan,  N.  D.,  farmer,  by  orders,  July  28,  1899;  Emil  Beegel, 
Fargo,  N.  D.,  farmer,  by  orders,  July  28,  1899;  Philip  P.  Dawson,  Bismarck, 
N.  D.,  laborer,  disability,  December  14,  1898;  Edward  Fay,  Jr.,  Mandan,  N.  D., 
clerk,  disability,  November  29,  1898  (36th  U.  S.  V.)  ;  Michael  Glassley,  Manila, 
P.  L,  rancher,  by  orders,  July  12,  1899,  reenlisted ;  Oscar  A.  Hargrave,  Fargo, 
N.  D.,  laborer,  by  orders,  July  28,  1899;  Clarence  L.  Noyes,  Valley  City,  N.  D., 
plasterer,  disability,  March  2,  1899;  James  R.  Ream,  ]\Ianila,  P.  L,  laborer,  by 
orders,  July  12,  1899,  reenlisted;  Harry  C.  Smith,  Bismarck,  N.  D.,  laborer,  by 
orders,  August  16,  1899  (36th  U.  S.  V.) ;  WilHam  A.  Swett,  Manila,  P.  L, 
cigar-maker,  by  orders,  July  28,  1899,  reenlisted ;  Louis  O.  Swett,  Bismarck, 
N.  D.,  laborer,  disability,  December  24,  1898  (36th  U.  S.  V.)  ;  George  Wegner, 
Beloit,  Wis.,  farmer,  disability,  January  16,  1899. 

Transferred 

Ed.  G.  Gorsuch,  ist  Sergt.,  Bismarck,  N.  D.,  machinist,  2d  Lieut.  Company 
K,  July  19,  1899;  Daniel  R.  Davis,  Cooperstown,  N.  D.,  lumberman,  hospital 
corps,  June  22,  1898;  Eugene  H.  Sackett,  Fargo,  N.  D.,  draughtsman.  Company 
B,  December  10,  1898;  George  F.  Sullivan,  Mandan,  N.  D.,  laborer,  hospital 
corps,  June  22,  1898. 

Dead 

Alfred  H.  Whittaker,  Sergt.,  died  of  dysentery  at  Manila,  P.  L,  April  13, 
1899;  Adolph  Koplen,  drowned  in  Pasig  River,  P.  L,  March  28,  1899. 

Wounded 
Frank  E.  Berg,  wounded  in  left  leg,  block  house  No.   13,  August  13,   1898. 

For  Valiant  Service 

Michael  Glassley,  recommended  for  medal  of  honor  for  valiant  service; 
Richard  M.  Longfellow,  recommended  for  two  medals  of  honor  for  valiant 
service. 


HISTORY  OF  NORTH  DAKOTA  563 

COMPANY    B — FIRST    BATTALION 

Edw.  C.  Geary,  Jr.,  clerk,  Fargo,  N.  D. ;  Joseph  A.  Slattery,  ist  Lieut., 
student,  W'ahpeton,  N.  D. ;  Robert  A.  Thompson,  2d  Lieut.,  bookkeeper,  Fargo, 
N.  D. ;  Ernest  D.  Palmer,  1st  Sergt.,  clerk,  Fargo,  N.  D. ;  Ralph  E.  Bradley, 
O.  M.,  clerk,  Fargo,  N.  D. ;  Harold  Sorenson,  clerk,  Fargo,  N.  D. ;  William  R. 
Edwards,  Sergt.,  reporter,  Fargo,  N.  D. ;  Martin  J.  Hummel,  druggist,  Fargo, 
N.  D. ;  Matthias  E.  Thompson,  clerk,  Fargo,  N.  D. ;  Daniel  S.  Lewis,  clerk, 
Fargo,  N.  D. ;  Albert  M.  Hathaway,  druggist,  Fargo,  N.  D. ;  Fred  E.  Hausche, 
Corp.,  clerk,  Fargo,  N.  D. ;  William  C.  Allen,  laborer,  Manistee,  Mich.;  James 
L.  Miller,  bookbinder,  Fargo,  N.  D. ;  John  P.  Martin,  Corp.,  stenographer,  Fargo, 
N.  D. ;  John  W.  Gearey,  Mus.,  student,  Fargo,  N.  D. ;  Otto  M.  Luther,  Mus., 
clerk,  Fargo,  N.  D. ;  Joseph  A.  Schlauser,  artificer,  carpenter.  Fargo,  N.  D. ; 
Ralph  D.  McCully,  cook,  Fargo,  N.  D. 

Privates 

Lewis  Anderson,  laborer,  Fargo,  N.  D. ;  Ed.  AL  Anderson,  student,  Wal- 
halla,  N.  D. ;  Frank  D.  Bowland,  laborer,  Shenandoah,  Iowa ;  Burdette  Cleary, 
printer,  Spokane,  Wash. ;  Jeremiah  Cleary,  student,  Cavalier,  N.  D. ;  Harry  F. 
B.  Cook,  laborer,  Fargo,  N.  D. ;  Lemuel  E.  Crooker,  laborer,  Ortonville,  Minn. ; 
Jesse  A.  Davis,,  clerk,  Fargo,  N.  D. ;  James  Doyle,  railroadman,  Honolulu,  H.  I. ; 
E.  H.  Elwin,  teacher,  Fargo,  N.  D. ;  Herman  F.  C.  Fick,  salesman,  Harlen, 
N.  D. ;  G.  Angus  Eraser,  bookkeeper,  Fargo,  N.  D. ;  George  E.  Gilligan.  laborer, 
Argusville,  N.  D. ;  George  W.  Gregory,  laborer,  Cornell,  111. ;  Richard  C.  Hand, 
laborer,  Baltimore,  Md. ;  Charles  A.  Hannan,  farmer,  Fargo,  N.  D. ;  Frank  E. 
Hughes,  clerk,  Cresco,  Iowa ;  Charles  Hughes,  student,  Steele,  N.  D. ;  John  Jep- 
son,  laborer,  Montevideo,  Minn. ;  Christian  E.  Johnson,  farmer.  Kindred,  N.  D. ; 
John  B.  Kinne,  student,  Fargo,  N.  D. ;  Robert  Langford,  laborer,  Fargo,  N.  D. ; 
Robert  S.  Lewis,  farmer,  Fargo,  N.  D. ;  Oscar  F.  Miller,  laborer,  Fargo,  N.  D. ; 
John  Z.  McAuliffe,  clerk,  Fargo,  N.  D. ;  Edw.  McBain.  farmer,  Fargo,  N.  D. ; 
James  McGuigan,  student,  Fargo,  N.  D. ;  Michael  Nelson,  laborer,  Hatton, 
N.  D. ;  Frank  L.  Newman,  student,  Fargo,  N.  D. ;  Charles  I.  Nord,  jeweler, 
Fargo,  N.  D. ;  John  A.  Norman,  clerk,  Fargo,  N.  D. ;  Abraham  J.  Olsen,  clerk, 
Fargo,  N.  D. ;  Irving  A.  Palmer,  printer,  Fargo,  N.  D. ;  Ole  W.  Pearson,  harness- 
maker,  Fargo,  N.  D. ;  Edw.  S.  Peterson,  stenographer,  Fargo,  N.  D. ;  Ray  Ras- 
mussen,  student,  Fargo,  N.  D. ;  F.  A.  Regan,  bookkeeper,  Fargo,  N.  D. ;  Gus  J. 
Rehan,  farmer,  Moorhead,  Minn. ;  Leo  J.  Ryan,  teacher,  Fargo,  N.  D. ;  Eugene 
Saket,  draughtsman,  Fargo,  N.  D. ;  Fred  G.  Sell,  student,  Fargo.  N.  D. ;  Alfred 
Sherman,  laborer,  Fargo,  N.  D. ;  Harry  S.  Shurlock,  student,  Fargo,  N.  D. ; 
Adolph  E.  Simensen,  laborer,  Moorhead,  Minn. ;  Lars  Solberg,  laborer,  Daven- 
port, N.  D. ;  George  W.  Spradling,  soldier,  Fargo,  N.  D. ;  Lewis  Starman,  butcher, 
Fargo,  N.  D. ;  Harry  Turner,  laborer,  Fargo,  N.  D. ;  John  Waarteson,  laborer, 
Fargo,  N.  D. ;  Albert  B.  Wood,  stenographer,  Fargo,  N.  D. 

Discharged 

Frederik  Keye,  Capt.,  Fargo,  N.  D.,  engineer,  disability,  January  29,  1890; 
Al.  A.  Hildreth,  ist  Lieut..  Fargo,  N.  D.,  lawyer,  resigned,  July  28,  1899;  Frank 


564  HISTORY  OF  NORTH  DAKOTA 

L.  Anders,  Corp.,  Fargo,  N.  D.,  machinist,  by  orders,  September  9,  1899;  Melvin 
C.  Henry,  cook,  Fargo,  N.  D.,  student,  by  orders,  September  9,  1899;  Wm.  S. 
Morrison,  wagoner,  Fargo,  N.  D.,  teamster,  by  orders,  June  28,  1898;  Elof  Beck, 
Fargo,  N.  D.,  blacksmith,  by  orders,  July  28,  1899;  Herbert  N.  Brown,  Fargo, 
N.  D.,  student,  disability,  Alay  22,  1899;  Harry  R.  Cramer,  Lisbon,  N.  D.,  engi- 
neer, disability,  April  3,  1899;  Albert  A.  Ellsworth,  Fargo,  N.  D.,  cook,  by 
orders,  July  28,  1899  (36th  U.  S.  V.)  ;  Frank  W.  Lee,  Manila,  P.  L,  fireman,  by 
orders,  July  9,  1899,  reenlisted;  John  A.  McCannel,  Fargo,  N.  D.,  plumber, 
disability,  December  5,  1898  (in  36th  U.  S.  V.)  ;  James  W.  Mclntyre,  Manila, 
P.  L,  waiter,  by  orders,  July  9,  1899,  reenlisted;  George  Walker,  Fargo,  N.  D., 
teamster,  by  orders,  July  21,  1899;  Harry  E.  Zimmermann,  Fargo,  N.  D.,  painter, 
disability,  April  17,  1899. 

Transferred 

Fred  L.  Conklin,  ist  Lieut.,  Jamestown,  N.  D.,  clerk.  Company  H,  October 
22,  1898;  John  Russater,  ist  Sergt.,  Fargo,  N.  D.,  clerk,  Company  I,  July  14, 
1899 ;  C.  S.  Foster,  Q.  M.  Sergt.,  Fargo,  N.  D.,  clerk,  9th  U.  S.  Inf.,  April  28, 
1899;  Gilbert  C.  Grafton,  Corp.,  Fargo,  N.  D.,  mail  carrier,  Regt.  Sergt.,  Maj., 
February  24,  1899;  Henry  R.  Berry,  Fargo,  N.  D.,  painter,  chief  trumpeter. 
May  25,  1898;  Howard  B.  Huntley,  Fargo,  N.  D.,  student,  hospital  corps,  June 
21,  1898;  Gail  P.  Shepard,  Fargo,  N.  D.,  student,  hospital  corps,  June  21,  1898. 

Dead 
Joseph  Wurzer,  died  at  San  Francisco  of  consumption,  September  7,  1899. 

Wounded 
Fred  E.  Hausche,  wounded  in  right  lung  near  Novaliches,  P.  I.,  April  22,  1899. 

For  Valiant  Service 

Frank  L.  Anders,  Corp.,  recommended  for  medal  of  honor  for  valiant  serv- 
ice ;  John  B.  Kinne,  recommended  for  medal  of  honor  for  valiant  service ;  James 
Mclntyre,  recommended  for  medal  of  honor  for  valiant  service. 

COMPANY   C SECOND  BATTALION 

John  H.  Johnson,  deputy  county  treasurer,  Grafton,  N.  D. ;  Cornelius  J. 
Foley,  railroadman.  Grafton,  N.  D. ;  Thomas  H.  Thoralson,  2d  Lieut.,  real  estate, 
Grafton,  N.  D. ;  John  M.  McLean,  ist  Sergt.,  laborer,  Grafton,  N.  D. ;  Ralph 
Crowl,  Q.  M.  Sergt.,  printer,  Grafton,  N.  D. ;  Ole  Manderud.  Sergt.,  miller, 
Grafton,  N.  D. ;  Charles  C.  Cairncross,  merchant,  Grafton,  N.  D. ;  Christ  Ehri, 
Sergt.,  laborer,  Grafton,  N.  D. ;  Thomas  A.  Swiggum,  Sergt.,  clerk,  Grafton, 
N.  D. ;  Nels  J.  Nelson,  Corp.,  laborer,  Grafton,  N.  D. ;  Gert  Heggen,  Corp., 
laborer,  Grafton,  N.  D. ;  George  H.  Kerr,  Corp.,  laborer,  Grafton,  N.  D. ;  Henry 
H.  Junkins,  Corp.,  carpenter,  Drayton,  N.  D. ;  Sylvester  Lowe,  Corp.,  student, 
Forest  River,  N.  D. ;  Bernard  Roener,  Corp.,  laborer,  Grafton,  N.  D. ;  Andrew 
S.  Quist,  Mus.,  clerk,  Grafton,  N.  D. ;  Joseph  Z.  Venne,  Mus.,  insurance  agent, 
Bathgate,  N.  D. ;  Thomas  R.  Cook,  artificer,  engineer,  Grafton,  N.  D. ;  Thomas 


HISTORY  OF  NORTH  DAKOTA  565 

Sletteland,  wagoner,  laborer,  Grafton,  N.  D. ;  Thomas  Pettinger,  cook,  laborer, 
Grafton,  N.  D. 

Privates 

Samuel  Arthur,  teacher,  Minto,  N.  D. ;  Albert  Barrows,  laborer,  St.  Andrews, 
N.  D. ;  Henry  Barnard,  carpenter,  Grafton,  N.  D. ;  Percy  D.  Ball,  laborer,  Delano, 
Aiinn. ;  Thomas  J.  Bleckeberg,  farmer,  Grafton,  N.  D. ;  Joseph  Bleskheck,  farmer, 
Grafton,  N.  D. ;  Ole  O.  Berg,  laborer,  Grafton,  N.  D. ;  Alfred  B.  Collette,  clerk, 
Grafton,  N.  D. ;  Joseph  A.  Cook,  clerk,  Minto,  N.  D. ;  Austin  O.  De  Frate,  clerk, 
Alexandria,  Minn.;  George  Durban,  decorator,  Bemidji,  Minn.;  Walter  D. 
Ebbighausen,  clerk,  Grafton,  N.  D. ;  Arthur  G.  Elston,  laborer,  Grafton,  N.  D. ; 
Wilbrod  Faille,  laborer,  Grafton,  N.  D. ;  John  Gaut,  liveryman,  Grafton,  N.  D. ; 
Robert  Givens,  farmer,  Grafton,  N.  D. ;  John  J.  Green,  liveryman,  Forest  River, 
N.  D. ;  Charles  J.  Hanson,  farmer,  Nash,  N.  D. ;  Charles  Hein,  laborer,  Grafton, 
N.  D. ;  Gustav  C.  Hinueber,  laborer,  Grafton,  N.  D. ;  David  B.  Ingersoll,  team- 
ster, Grafton,  N.  D. ;  Eddie  Johnson,  laborer,  Grafton,  N.  D. ;  Fred  Johnson, 
farmer,  Grafton,  N.  D. ;  Oscar  Johnson,  laborer,  Grafton,  N.  D. ;  Garrett  Keefe, 
farmer,  Grafton,  N.  D. ;  William  T.  Kerr,  lather,  Grafton,  N.  D. ;  Joseph  A. 
I^obsinger,  printer,  Grafton,  N.  D. ;  Peter  Lundstedt,  laborer,  Grafton,  N.  D. ; 
Martin  Mohn,  laborer,  Grafton,  N.  D. ;  Lorin  C.  Nelson,  teacher,  Grafton,  N.  D. ; 
Oscar  E.  Parkins,  clerk.  Auburn,  N.  D. ;  Edward  E.  Prentice,  student,  Grafton, 
N.  D. ;  Simeon  G.  Quist,  printer,  Grafton,  N.  D. ;  August  P.  Rash,  farmer, 
Grafton,  N.  D. ;  Martin  A.  Rosen,  shoemaker,  Grafton,  N.  D. ;  Axel  E.  Romm, 
laborer,  Grafton,  N.  D. ;  Fred  W.  Ridgway,  farmer,  Medford,  N.  D. ;  Asa  Schell, 
clerk,  Portland,  Ind. ;  Ernest  Stuart,  laborer,  Grafton,  N.  D. ;  Levin  E.  Thomp- 
son, laborer,  Grafton,  N.  D. ;  John  H.  Thompson,  cook,  Grafton,  N.  D. ;  Andrew 
H.  Tweeten,  farmer,  Grafton,  N.  D. ;  William  R.  Truelock,  laborer,  Grafton, 
N.  D. ;  Forest  D.  Warren,  farmer,  Forest  River,  N.  D. ;  Charles  J.  Weagant, 
farmer,  Grafton,  N.  D. ;  Charles  H.  Wentz,  printer,  Grafton,  N.  D. ;  Harry  T. 
Young,  printer,  Eagle  Bend,  Minn. 

Discharged 

Leif  Swennumson,  Park  River,  N.  D.,  clerk,  by  orders,  April  21,  1899; 
Oswald  D.  Foley,  Grafton.  N.  D.,  teacher,  by  orders,  August  16,  1899;  Samuel 
T.  Olson,  Sergt.,  Grafton,  N.  D.,  engineer,  by  orders,  January  22,  1899;  Alex  T. 
McKinnon,  Sergt.,  San  Francisco,  Cal.,  clerk,  by  orders,  August  25,  1899; 
Edward  J.  Husband,  Manila,  P.  I.,  farmer,  by  orders,  July  29,  1899;  William 
Longsine,  Manila,  P.  I.,  laborer,  by  orders,  July  29,  1899;  Nathan  Myhere, 
Drayton,  N.  D.,  carpenter,  by  orders,  August  25,  1899;  Hans  Pederson,  Auburn, 
N.  D.,  blacksmith,  by  orders,  April  21,  1899. 

Transferred 

Donald  Mclntyre,  Grafton,  N.  D.,  druggist,  hospital  corps,  June  21,  1S98; 
Harris  Shumway,  Lambert,  Minn.,  civil  engineer,  hospital  corps,  June  16,  1899. 

Dead 

John  Buckley,  killed  at  Fort  Malate,  August  16,  1898;  Frank  Upton,  died 
at  Manila,  P.  L,  of  dysentery,  March  i,  1899;  Isidore  Driscoll,  Corp..  killed  in 


566  HISTORY  OF  NORTH  DAKOTA 

action  at  Paete,  P.  I.,  April  12,  1899;  P.  W.  Tompkins,  wagoner,  killed  in  action 
at  Paete,  P.  I.,  April  12,  1899;  Alfred  C.  Almen,  killed  in  action  at  Paete,  P.  L, 
April  12,  1899;  Wm.  G.  Lamb,  killed  in  action  at  Paete,  P.  L,  April  12,  1899. 

Wounded 
Wm.  R.  Truelock,  wounded  m  left  knee  at  San  Ildefonso,  P.  I.,  May  12,  1899. 

Fo)-  Valiant  Service 

Thos.  Sletteland,  wagoner,  recommended  for  medal  of  honor  for  valiant 
service. 

COMPANY  D SECOND   BATTALION 

Adelbert  W.  Cogswell,  Capt.,  druggist.  Devils  Lake,  N.  D. ;  Thomas  Lon- 
nevik,  ist  Lieut.,  teacher,  Devils  Lake,  N.  D. ;  William  A.  Mickle,  2d  Lieut., 
hotelman,  Grafton,  N.  D. ;  Robert  E.  Taylor,  ist  Sergt.,  farmer.  Devils  Lake, 
N.  D.;  George  T.  Salter,  Q.  M.  Sergt.,  clerk,  Crary,  N.  D. ;  Warren  White, 
Sergt.,  carpenter,  Devils  Lake,  N.  D. ;  Joseph  H.  Parsons,  Sergt.,  fireman.  Devils 
Lake,  N.  D. ;  Albert  P.  Babin,  Sergt.,  clerk,  Towner,  N.  D. ;  John  G.  Thompson, 
Se^rgt.,  clerk.  Devils  Lake,  N.  D. ;  Will  F.  Logan,  Corp.,  blacksmith.  Devils  Lake, 
N.  D. ;  Maurice  O.  Roose,  Corp.,  cook,  Devils  Lake,  N.  D. ;  Robert  T.  Elsberry, 
Corp.,  farmer.  Devils  Lake,  N.  D. ;  Robert  J.  Wilson,  Corp.,  farmer,  Devils 
Lake,  N.  D. ;  Stonewall  Atkinson,  Jr.,  Corp.,  farmer,  Cando,  N.  D. ;  Nels.  H. 
Peterson,  Corp.,  clerk.  Devils  Lake,  N.  D. ;  Charles  J.  B.  Turner,  clerk,  Devils 
Lake,  N.  D. ;  Frederick  J.  Gannon,  laborer.  Devils  Lake,  N.  D. ;  Luther  H. 
Bratton,  Mus.,  printer,  Rugby,  N.  D. ;  Fred  Becker,  artificer,  laborer,  Devils 
Lake,  N.  D. ;  Christopher  C.  Kinsey,  wagoner,  carpenter,  Devils  Lake,  N.  D. 

Privates 

Charles  Anderson,  laborer.  Devils  Lake,  N.  D. ;  Edw.  Ellwardt,  laborer, 
Devils  Lake,  N.  D. ;  Bert  Albin,  glassblower,  Crary,  N.  D. ;  Patrick  F.  Arm- 
strong, butcher.  Devils  Lake,  N.  D. ;  David  E.  Beauchamp,  waiter.  Devils  Lake, 
N.  D. ;  Charles  E.  Brown,  farmer,  Bottineau,  N.  D. ;  Robert  O.  Burgess,  printer. 
Devils  Lake,  N.  D. ;  Bert  M.  Bartlett,  railroadman,  Devils  Lake,  N.  D. ;  Windsor 
L.  Boyce,  farmer,  Fargo,  N.  D. ;  Robert  R.  Donaldson,  horseman,  Devils  Lake, 
N.  D. ;  George  W.  Dragoo,  carpenter,  Hasel,  Ind. ;  Arthur  C.  Dumochel,  clerk. 
Devils  Lake,  N.  D. ;  William  J.  Elliott,  plasterer,  Salineville,  Ohio ;  Frank  E. 
Elliott,  student,  Devils  Lake,  N.  D. ;  Fred  Eymann,  farmer,  Rugby,  N.  D. ;  Albert 
C.  Erickson,  laborer,  San  Francisco,  Cal. ;  Lawrence  J.  Greene,  laborer.  Grand 
Harbor,  N.  D. ;  Hastings  H.  Hamilton,  law  student.  Grand  Forks,  N.  D. ;  William 
Huseby,  mason.  Devils  Lake,  N.  D. ;  Thomas  Hurley,  laborer.  Devils  Lake,  N.  D. ; 
George  L.  Jenks,  clerk,  Devils  Lake,  N.  D. ;  Alfred  P.  Jones,  baker,  Montreal, 
Canada;  Orval  O.  Judd,  farmer.  Devils  Lake,  N.  D. ;  George  A.  Kellogg,  farmer, 
Leesburg,  Ind. ;  Zeno  Le  Due.  farmer,  Crary,  N.  D. ;  Harry  A.  Lindsmith, 
farmer,  Owatonna,  Minn. ;  Orlow  B.  Maybee,  laborer,  Devils  Lake,  N.  D. : 
Charles  R.  McGraw,  laborer.  Grand  Forks,  N.  D. ;  EHjah  Morgan,  painter.  Grand 
Forks,  N.  D. ;  John  C.  Millar,  laborer.  Devils  Lake,  N.  D. ;  William  R.  Olmstead, 


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HISTORY  OF  NORTH  DAKOTA  567 

blacksmith,  Toledo,  Ohio;  Andrew  Prinzing,  farmer,  Devils  Lake,  N.  D.;  Perry 
H.  Purdy,  teamster,  Devils  Lake,  N.  D. ;  Lloyd  Ryall,  teacher,  Michigan  City, 
N.  D. ;  Clayton  J.  Scott,  laborer.  Devils  Lake,  N.  D.;  Peter  G.  Timboe,  clerk, 
Grand  Harbor,  N.  D. ;  Delbert  N.  Tanner,  laborer.  Devils  Lake,  N.  D. ;  John  H. 
Travis,  farmer,  Bottineau,  N.  D. ;  George  Trace,  laborer,  Devils  Lake,  N.  D. ; 
Tor.  Torsen,  carpenter.  Grand  Harbor,  N.  D.;  Albert  Tromp,  farmer,  ShoXvano, 
N.  D.;  Roy  N.  Whitney,  fireman,  Devils  Lake,  N.  D. ;  William  H.  Wilson, 
farmer,  Bottineau,  N.  D. ;  Clarence  E.  Wilson,  farmer,  Bottineau,  N.  D. ;  Martin 
Wagness,  laborer.  Devils  Lake,  N.  D. ;  John  L  Wampler,  farmer.  Devils  Lake, 
N.  D. ;  Albert  M.  Young,  printer,  Towner,  N.  D. 

Discharged 

Henry  Redmond,  ist  Lieut.,  Devils  Lake,  N.  D.,  machinist,  resigned,  March 
i8,  1899;  Phil  H.  Snortt,  ist  Sergt.,  Devils  Lake,  N.  D.,  publisher,  by  orders, 
July  29,  1899;  Charles  H.  Eager,  Sergt.,  Manila,  P.  L,  painter,  by  orders,  July 
29,  1899;  Alfred  E.  Scott,  Corp.,  Devils  Lake,  N.  D.,  laborer,  by  orders,  July  29, 
1899;  W.  J.  Prendergast,  Corp.,  Crary,  N.  D.,  farmer,  by  orders,  May  21,  1899 
(in  36th  U.  S.  V.)  ;  Wesley  M.  Baneford,  Manila,  P.  L,  painter,  by  orders,  July 
14,  1899,  reenlisted;  Ambrose  M.  Healey,  Manila,  P.  L,  laborer,  by  orders,  July 
29,  1899;  James  Hathaway,  Devils  Lake,  N.  D.,  cowboy,  by  orders,  August  i, 
1899;  Frank  D.  Hoadley,  Grand  Harbor,  N.  D.,  farmer,  by  orders,  July  3,  1899 
(in  36th  U.  S.  V.)  ;  Godfried  Jensen,  Manila,  P.  L,  farmer,  by  orders,  July  19, 
1899,  reenlisted;  Fred  Longdue,  Devils  Lake,  N.  D.,  teamster,  by  orders,  August 
I,  1899  (in  34th  U.  S.  V.)  ;  Philip  J.  O'Neill,  Jackson,  Cal.,  miner,  by  orders, 
July  19,  1899,  reenlisted ;  John  Swanson,  Manila,  P.  L,  laborer,  by  orders,  July 
21,  1899;  Henry  Nannier,  Devils  Lake,  N.  D.,  cook,  by  orders,  September  7, 
1899;  Hugo  Zuillig,  Devils  Lake,  N.  D.,  farmer,  by  ordejs,  June  16,  1899. 

Transferred 

Fred  E.  Smith,  Q.  M.  Sergt.,  Bartlett,  N.  D.,  clerk.  Company  K;  R.  W. 
Anderson,  Crary,  N.  D.,  butcher,  hospital  corps;  Guy  R.  Wheaton,  Lowell, 
Mich.,  fireman,  hospital  corps,  June  21,   1898. 

Dead 
John  C.  Byron,  Corp.,  died  of  wound,  May  24,  1899. 

Wounded 
Elijah  Morgan,  wounded  April  i,  1899. 

For  Valiant  Service 

Godfried  Jensen,  recommended  for  medal  of  honor  for  valiant  service  at 
burning  bridge  over  Tabou  River,  May  16,  1899. 

COMP.'\NY   G FIRST  BATTALION 

Ingvald  A.  Berg,  Capt.,  banker.  Grand  Forks,  N.  D. ;  W.  H.  Pray,  ist  Lieut., 
farmer.  Valley  City,  N.  D. ;  O.  Thomas  Mattison,  2d  Lieut.,  painter,  Jamestown, 


568  HISTORY  OF  NORTH  DAKOTA 

N.  D. ;  Frank  S.  Henry,  ist  Sergt.,  druggist,  Valley  City,  N.  D. ;  David  W.  Bailey, 
Q.  M.  Sergt.,  carpenter,  Valley  City,  N.  D. ;  William  H.  Lock,  Q.  M.  Sergt., 
potter,  Valley  City,  N.  D. ;  Charles  W.  Nelson,  Q.  M.  Sergt.,  farmer.  Valley  City, 
N.  D. ;  Ross  G.  Wills,  Q.  M.  Sergt.,  musician,  Valley  City,  N.  D. ;  Delbert  Cross, 
Corp.,  farmer,  Valley  City,  N.  D. ;  E.  Ray  Fairbanks,  Corp.,  farmer,  Valley  City, 
N.  D. ;  Fred  C.  King,  Corp.,  farmer.  Valley  City,  N.  D. ;  Augvist  C.  Huhn,  Corp., 
operator.  Valley  City,  N.  D. ;  Ernest  G.  Wanner,  Corp.,  real  estate  agent,  \'"alley 
City,  N.  D. ;  Charles  P.  Davis,  Corp.,  cook,  Valley  City,  N.  D. ;  Louis  P.  Clark, 
Mus.,  student,  Valley  City,  N.  D. ;  Frank  T.  Sikes,  Mus.,  storekeeper,  Valley  City, 
N.  D. ;  Neal  Christianson,|,artificer,  barber.  Valley  City,  N.  D. ;  .Alonzo  B.  Ellis, 
wagoner,  farmer,  Valley  City,  N.  D. ;  George  H.  Shannon,  cook,  cook,  San  Fran- 
cisco, Cal. 

Privates 

William  N.  Allen,  electrician.  Valley  City,  N.  D. ;  Oscar  W.  Amundson, 
student.  Valley  City,  N.  D. ;  Charles  M.  Amo,  laborer,  Minneapolis,  Minn. ; 
Arthur  L.  Barton,  farmer.  Valley  City,  N.  D. ;  Elof  Benson,  tailor,  Valley  City, 
N.  D. ;  Andrew  Bertramsen,  printer,  Albert  Lea,  Minn. ;  Herbert  E.  Chapman, 
farmer.  Tower  City,  N.  D. ;  Thomas  T.  Chave,  bookkeeper,  San  Francisco,  Cal. ; 
Walter  E.  Church,  farmer,  Sanborn,  N.  D. ;  John  T.  B.  Davis,  merchant.  Valley 
City.  N.  D. ;  Arthur  L.  Davine,  painter,  Wyandotte,  Mich. ;  Arthur  Goodwin, 
farmer.  Valley  City,  N.  D. ;  Theo.  S.  Henry,  student.  Valley  City,  N.  D. ;  Ferd 
Hensperger,  farmer.  Valley  City,  N.  D. ;  Matthias  Hetland,  blacksmith.  Valley 
City,  N.  D. ;  Richard  H.  Hitsman,  laborer.  Valley  City,  N.  D. ;  Omunde  Jacob- 
son,  laborer.  Valley  City,  N.  D. ;  Charles  E.  Jaten,  student,  Valley  City,  N.  D. ; 
Christian  A.  Kvalness,  clerk.  Valley  City,  N.  D. ;  Henry  W'.  Lawrence,  farmer, 
Montgomery,  Minn.;  Thomas  C.  Lillethun,  farmer,  Fingal,  N.  D. ;  Lawrence  H. 
Luttrell,  farmer.  Valley  City,  N.  D. ;  James  A.  Melrose,  cook,  Atlanta,  111. ;  John 
O.  Moe,  barber,  Sanborn,  N.  D. ;  John  Moran,  railroadman,  Valley  City,  N.  D. ; 
Patrick  McEntee,  farmer,  Montgomery,  Minn. ;  Henry  T.  Murphy,  student,  San- 
born, N.  D. ;  John  W.  Murphy,  cleiric,  Sanborn,  N.  D. ;  Anton  Nelson,  laborer, 
Brookfield,  Minn. ;  Frank  Nestaval,  printer,  Montgomery,  Minn. ;  Charles  Olstad, 
blacksmith,  A'alley  City,  N.  D. ;  Hans  Pederson,  teacher.  Valley  City,  N.  D. ; 
Roy  A.  Phillips,  farmer,  Valley  City,  N.  D. ;  Christ  F.  Pinkert,  cook.  New  Rock- 
ford,  N.  D. ;  William  F.  Priest,  student.  Valley  City,  N.  D. ;  George  N.  Ras- 
mussen,  laborer.  Valley  City,  N.  D. ;  Sven  Risa,  farmer,  Salida,  Colo. ;  Jerome 
B.  Shoemaker,  laborer.  Tower  City,  N.  D. ;  Perry  F.  Strock,  student.  Valley 
City,  N.  D. ;  Theo.  O.  Torbenson,  blacksmith,  Vining,  Minn. ;  John  B.  Totz,  fire- 
man. Valley  City,  N.  D. ;  Shon  H.  Warren,  printer.  Galena,  111. ;  John  A.  Welsh, 
clerk.  Valley  City,  N.  D. ;  Knute  Westerheim,  farmer.  Valley  City,  N.  D. ;  Edw. 
Westerland,  watchmaker,  Valley  City,  N.  D. 

Discharged 

Charles  F.  Mudgett,  Capt.,  Valley  City,  N.  D.,  bookkeepr,  resigned,  June  2, 
1899;  Frank  H.  Walker,  Sergt.,  Valley  City,  N.  D.,  farmer,  disability,  April  9, 
1899   fseth  U.   S.  V.)  ;  WSlliam  H.   Coughlin,   Corp.,   Manila.    P.   I.,  clerk,  by 


HISTORY  OF  NORTH  DAKOTA  56& 

orders,  July  12,  1899,  reenlisted;  William  Greb,  Mus.,  Valley  City,  N.  D.,  fanner, 
by  orders,  July  29,  1899  (36th  U.  S.  V.)  ;  Bert  Bertramsen,  artificer,  Manila, 
P.  I.,  tinner,  by  orders,  July  15,  1899,  reenlisted;  C.  A.  Anderson,  Valley  City, 
N.  D.,  carpenter,  by  orders,  March  13,  1899  (36th  U.  S.  V.)  ;  William  H.  Arnold, 
Manila,  P.  I.,  teacher,  by  orders,  July  15,  1899,  reenlisted;  Steve  E.  Bush,  Valley 
City,  N.  D.,  student,  by  orders,  May  20,  1899;  Eddie  Christopherson,  Fingal, 
N.  D.,  farmer,  by  orders,  April  26,  1899;  Lora  E.  Conrad,  Manila,  P.  I.,  laborer, 
by  orders,  July  30,  1899;  William  M.  Greenwood,  Manila,  P.  I.,  engineer,  by 
orders,  July  16,  1899;  Sterling  A.  Gait,  Manila,  P.  I.,  printer,  by  orders,  July  13, 
1899;  Francis  D.  Hutchison,  Manila,  P.  I.,  laborer,  by  orders,  July  30,  1899; 
David  A.  Jones,  Clark  City,  N.  D.,  farmer,  by  orders,  April  26,  1899;  Albert  E. 
McKay,  Valley  City,  N.  D.,  student,  by  orders,  August  15,  1899;  Albinos 
McDonald,  Valley  City,  N.  D.,  farmer,  by  orders,  August  31,  1899;  Matthias 
Pederson,  Valley  City,  N.  D.,  blacksmith,  disability,  March  7,  1899;  Ole  G. 
Sandstad,  Kenyon,  Minn.,  student,  by  orders,  August  9,  1899. 

Transferred 

C.  \y.  Getchell,  ist  Lieut.,  Valley  City,  N.  D.,  bookkeeper,  regimental  Q.  M. ; 
Joseph  A.  Slattery,  ist  Lieut.,  Wahpeton,  N.  D.,  student.  Company  B;  Ernest  E. 
Ellis,  Sergt.,  Valley  City,  N.  D.,  clerk,  Sergt.  Maj.  Bat.,  July  9,  1899;  Winfield 
H.  Coleman,  Art.,  electrician,  hospital  corps,  September  27,  1898;  William  B. 
Fleming,  Valley  City,  N.  D.,  nurse,  hospital  corps;  Thomas  F.  McLaren,  San- 
born, N.  D.,  clerk,  hospital  corps ;  C.  L.  Vallandigham,  Valley  City,  N.  D., 
printer,  Reg.  O.  M.  Sergt.,  July  10,  1899. 

Dead 

John  A.  Ewing,  died  of  fever  at  Manila,  P.  L,  March  2,  1899. 

Wounded 

Charles  Olstad,  wounded  at  Tilabau  in  right  leg  May  i,  1899;  William  H. 
Locke,  Sergt..  wounded  by  accident  in  right  foot,  February  2,  1899. 

For  Valiant  Service 

Charles  P.  Davis,  Corp.,  recommended  for  medal  of  honor  for  valiant  service ; 
Sterling  A.  Gait,  Priv.,  recommended  for  medal  of  honor  for  valiant  service. 

COMP.\NY    H — FIRST    BATT.XLION 

Porter  W.  Eddy,  Capt.,  farmer,  Jamestown,  N.  D. ;  Harrison  J.  Gruschius, 
1st  Lieut.,  lumberman,  Dickinson,  N.  D. ;  Dorman  Baldwin,  Jr.,  2d  Lieut.,  clerk, 
Jamestown,  N.  D. ;  John  C.  Eddy,  ist  Sergt.,  clerk,  Jamestown,  N.  D. ;  WiUiam 
M.  Hotchkiss,  O.  M.  Sergt.,  contractor,  Jamestown,  N.  D. ;  William  Gleason, 
Jr.,  Sergt.,  tailor,  Jamestown,  N.  D. ;  David  E.  Bigelow,  Sergt.,  clerk,  James- 
town,   N.    D. ;    Larry   B.    McLain,    Sergt.,   clerk,    Jamestown,    N.   D. ;   John    E. 


570  HISTORY  OF  NORTH  DAKOTA 

McElroy,  Sergt.,  clerk,  Jamestown,  N.  D. ;  James  Hanson,  Corp.,  railroadman, 
Jamestown,  N.  D. ;  Herman  P.  Wolf,  Corp.,  clerk,  Jamestown,  N.  D. ;  Fred  T. 
Braatnip,  Corp.,  brakeman,  Jamestown,  N.  D. ;  Albert  F.  Collins,  Corp.,  farmer, 
Eldridge,  N.  D. ;  Lawrence  A.  Williams,  Corp.,  farmer,  Jamestown,  N.  D. ; 
John  P.  Sonnen,  Corp.,  butcher,  Casselton,  N.  D. ;  Frederick  D.  Cunningham, 
cook,  student.  Grand  Rapids,  N.  D. ;  John  J.  Chamberlin,  Mus.,  farmer,  Oakes, 
N.  D. ;  Ira  O.  Bleecher,  Mus.,  engineer,  Kindred,  N.  D. ;  Howard  E.  Fell, 
artificer,  carpenter,  Jamestown,  N.  D. ;  Willis  H.  Downes,  wagoner,  farmer, 
Jamestown,  N.  D. 

Privates 

Albert  F.  Abraham,  farmer.  Princeton,  Minn. ;  Herman  Abraham,  laborer, 
Princeton,  Minn. ;  Severt  B.  Berglund,  carpenter,  Fargo,  N.  D. ;  Arthur  Bennett, 
carpenter,  Jamestown,  N.  D. ;  Joseph  Boyer,  laborer,  Aurora,  111. ;  Burnie  Briggs, 
photographer,  Jamestown,  N.  D. ;  Ralph  E.  Callahan,  clerk,  Norfolk,  Neb. ;  John 
C.  Charles,  merchant.  Tower  City,  N.  D. ;  Robert  M.  Charles,  engineer.  Tower 
City,  N.  D. ;  Charles  Cooper,  farmer,  Jamestown,  N.  D. ;  Alexander  Clubb, 
farmer,  Jamestown,  N.  D. ;  John  H.  Cadieux,  switchman,  Oakland,  Cal. ;  Wood- 
bury J.  Davis,  fireman,  Jamestown,  N.  D. ;  Ralph  A.  Froenike,  student,  James- 
town, N.  D. ;  Frank  M.  Glenn,  farmer.  New  Rockford,  N.  D. ;  Frank  R.  Graham, 
laborer.  New  Rockford,  N.  D. ;  Charles  Horsman,  cook,  Wichita,  Kan. ;  Ernest 
E.  Haner,  laborer,  Jamestown,  N.  D. ;  Arthur  Hughes,  laborer,  New  Rockford, 
N.  D. ;  John  L.  Johnson,  laborer,  Crystal  Springs,  N.  D. ;  Edward  E.  Kurtz, 
clerk,  Jamestown,  N.  D. ;  Thomas  Maher,  laborer,  Jamestown.  N.  D. ;  Morris  R. 
Mastin,  engineer,  Jamestown,  N.  D. ;  Bunard  J.  Meehan,  switchman,  Jamestown, 
N.  D. ;  James  McElwaine,  cook,  Jamestown,  N.  D. ;  Louis  C.  Oefstedahl,  farmer, 
■Cheyenne,  N.  D. ;  Edward  E.  Pope,  cook,  Jamestown,  N.  D. ;  David  Phillips,  Jr., 
plowmaker,  Racine,  Wis. ;  Edwin  J.  Paunell,  farmer,  Jamestown,  N.  D. ;  Edward 
M.  Portz,  laborer,  Jamestown,  N.  D. ;  Grant  E.  Riley,  carpenter,  Saginaw,  Mich. ; 
Harry  F.  Roberts,  machinist,  Jamestown,  N.  D. ;  John  M.  Reed,  engineer,  James- 
town, N.  D. ;  Frank  F.  Ross,  machinist,  Langdon,  N.  D. ;  William  P.  Severin, 
laborer,  Jamestown,  N.  D. ;  John  E.  Smith,  carpenter,  Jamestown,  N.  D. ;  Harry 
J.  Stoops,  clerk,  Jamestown,  N.  D. ;  John  Thompson,  engineer,  Jamestown,  N.  D. ; 
Arthur  Tyte,  miner,  Jamestown,  N.  D. ;  James  M.  Williams,  engineer,  Carring- 
ton,  N.  D. ;  Harry  E.  Williams,  railroadman,  Jamestown,  N.  D. ;  Fred  W.  Wolf, 
clerk,  Jamestown,  N.  D. ;  Dana  M.  Wright,  farmer,  Jamestown,  N.  D. ;  Perle  F. 
Wright,  flour  packer,  Jamestown,  N.  D. ;  Lloyd  A.  Whiteman,  fanner.  New 
Rockford,  N.  D. 

Discharged 

Fred  L.  Conklin,  1st  Lieut.,  Bismarck,  N.  D.,  clerk,  disability,  December  12, 
1898;  Daniel  H.  Wallace.  Corp.,  Bismarck,  N.  D.,  student,  disability,  December 
7,  1898;  William  H.  Miller,  Corp.,  Manila,  P.  I.,  farmer,  by  orders,  July  13, 
1899,  reenlisted  36th  U.  S.  V. ;  Delbert  Buzzell.  Mus.,  Jamestown,  N.  D.,  printer, 
disability,  March  10,  1899;  George  K.  Brown,  wagoner,  Manila,  P.  I.,  teamster, 
by  orders,  July  24,   1899,  reenlisted  36th  LL   S.  V.;  Thomas  A.   Green,  James- 


HISTORY  OF  NORTH  DAKOTA  571 

town,  N.  D.,  laborer,  disability,  March  lo,  1899;  James  Hamilton,  Manila,  P.  I., 
clerk,  by  orders,  July  13,  1899,  reenlisted  36th  U.  S.  V. ;  Clarence  J.  Allen,  Turen, 
N.  Y.  teacher,  disability,  March  10,  1899;  Lewis  Kramer,  Manila,  P.  I.,  boiler- 
maker,  by  orders,  July  24,  1899,  reenlisted  36th  U.  S.  V. ;  Benjamin  K.  Russell, 
Corp.,  Manila,  P.  I.,  student,  by  orders,  July  28,  1899;  Charles  Peterson,  Manila, 
P.  I.,  laborer,  by  orders,  July  24,  1899,  reenlisted  36th  U.  S.  V. ;  Robert  E. 
Mauly,  Sergt.,  Manila,  P.  I.,  lawyer,  by  orders,  July  28,  1899;  August  Shinke, 
Manila,  P.  I.,  laborer,  by  orders,  July  24,  1899,  reenlisted  36th  U.  S.  V. 

Transferred 

Herbert  G.  Proctor,  ist  Lieut.,  Jamestown,  N.  D.,  clerk.  Company  B,  October 
22,  1898;  Olin  T.  Mattison,  ist  Sergt.,  Jamestown,  N.  D.,  printer.  Company  G, 
July  30,  1899;  John  E.  Mattison,  Sergt.,  Jamestown,  N.  D.,  clerk,  Reg.  Sergt. - 
Maj.,  May  23,  1899;  Harry  W.  Donevan,  Princeton,  Minn.,  clerk,  Reg.  Hosp. 
steward,  September  i,  1899;  Ernest  E.  Kelly,  Carrington,  N.  D.,  Tele,  operator, 
signal  corps,  June  16,  1899;  Christ  F.  Pinkert,  Valley  City,  N.  D.,  watchmaker, 
Company  G,  December  10,  1899;  Hazelton  D.  Smith,  Jamestown,  N.  D.,  laborer, 
hospital  corps,  June  22,  1898. 

Dead 

John  H.  Killian,  killed  in  action  near  Morong,  P.  L,  June  9,  1899;  Frank  M. 
Harden,  died  of  dysentery  at  Manila,  P.  L,  November  21,  1898;  John  Morgan, 
died  of  dysentery  at  Manila,  P.  L,  October  26,  1898. 

Wounded 

Dorman  Baldwin,  Jr.,  2d  Lieut.,  wounded  in  right  leg  at  Kings  Bluff,  P.  L, 
April  I,  1899;  James  Hanson,  Corp.,  wounded  in  left  wrist  at  Morong,  P.  L, 
June  15,  1899;  Herman  P.  Wolf,  Corp.,  wounded  in  right  foot  at  Kings  Bluff, 
P.  L,  April  11,  1899;  Harry  W.  Donovan,  wounded  in  left  arm  at  Polo,  P.  L, 
March  26,  1899;  Edward  J.  Pannell,  wounded  in  left  side  at  Paete,  P.  L,  April 
12,  1899. 

COMPANY   I — SECOND   BATT.>\LION 

William  R.  Purdon,  Capt.,  merchant,  W(ahpeton,  N.  D. ;  William  B.  Aspin- 
wall,  1st  Lieut.,  printer,  Wahpeton,  N.  D. ;  John  Pussater,  2d  Lieut.,  clerk,  Fargo, 
N.  D. ;  Arthur  E.  McKean,  ist  Sergt.,  clerk,  Wahpeton,  N.  D. ;  William  D.  Pur- 
don, O.  M.  Sergt.,  clerk,  Wahpeton,  N.  D. ;  Charles  W.  Lander,  Sergt.,  student, 
Wahpeton,  N.  D. ;  Orlin  M.  Jones,  Sergt.,  student,  Rochester,  Minn.;  Mark  I. 
Forkner,  Sergt.,  printer,  Wahpeton,  N.  D. ;  Walter  O.  Lippitt,  Sergt.,  student, 
Wahpeton,  N.  D. ;  William  H.  Auman,  Jr.,  Corp.,  fireman,  Breckenridge,  Minn.  ; 
Herbert  J.  Brand,  Corp.,  student,  Farmington,  N.  D. ;  Harry  R.  Kramer,  Corp., 
student,  Wahpeton,  N.  D. ;  Fred  W.  Whitcomb,  Corp.,  fireman,  Breckenridge, 
Minn. ;  James  E.  Griffin,  Corp..  farmer,  San  Francisco,  Cal. ;  Nels  J.  Bothne, 
Corp..  farmer,  Abercrombie,  N.  D. ;  Fergus  A.  Mullen,  artificer,  carpenter.  Camp- 


572  HISTORY  OF  NORTH  DAKOTA 

bell,   Minn. ;  Louis   E.  Anderson,   wagoner,   farmer,   Clitheral,    N.   D. ;   Emil   J. 
Pepke,  cook,  cook,  Grafton,  N.  D. 

Privates 

Charles  J.  Adams,  farmer,  Wahpeton,  N.  D. ;  Charles  H.  Anderson,  farmer, 
Wheaton,  Minn. ;  Jacob  Anfinson,  laborer,  Wahpeton,  N.  D. ;  Felix  Blanchett, 
cook,  St.  Paul,  Minn. ;  Otto  Boehler,  farmer,  Wahpeton,  N.  D. ;  Canute  Brandrup, 
farmer,  Breckenridge,  Minn. ;  William  H.  Brose,  farmer,  Abercrombie,  N.  D. ; 
James  E.  Carney,  fireman.  East  Springfield,  Pa. ;  Frank  A.  Connolly,  farmer, 
Wahpeton,  N.  D. ;  Fred  J.  Debbert,  farmer,  Belle  Plaine,  Minn. ;  John  J.  Gabriel, 
blacksmith,  Wahpeton,  N.  D. ;  George  Gebro,  brakeman,  Wahpeton,  N.  D. ;  Peter 
O.  Gunness,  student,  Abercrombie,  N.  D. ;  Fred  G.  Harbourn,  farmer,  Shepard, 
111.;  Benjamin  Holter,  laborer,  Moreton,  N.  D. ;  Thomas  Hudec,  farmer,  San 
Francisco,  Cal. ;  Bernard  Klein,  barber,  Northfield,  Miim. ;  Berg  Linderson, 
farmer,  Wahpeton,  N.  D. ;  Olaf  Leaf,  bricklayer,  W'ahpeton,  N.  D. ;  Clarence  A. 
Mitchell,  merchant,  Wlahpeton,  N.  D. ;  William  J.  Mulled,  laborer,  Campbell, 
Minn. ;  James  Murphy,  laborer,  Wahpeton,  N.  D. ;  Henry  P.  Musfeldt,  laborer, 
Wahpeton,  N.  D. ;  James  D.  Murphy,  butcher,  Wahpeton,  N.  D. ;  Thomas  Man- 
gan,  laborer,  Chicago,  111. ;  Edward  McCullough,  hotelkeeper,  Minneapolis,  Minn. ; 
Anton  Nelson,  horseman,  Fargo,  N.  D. ;  John  P.  Olson,  druggist,  Wahpeton, 
N.  D. ;  Oscar  J.  Olson,  clerk,  San  Francisco,  Cal. ;  Alpheus  H.  Palmer,  laborer, 
San  Francisco,  Cal. ;  Otto  Paulson,  laundryman,  Wahpeton,  N.  D. ;  James  Pruitt, 
farmer,  Wahpeton,  N.  D. ;  James  M.  Quinn,  farmer.  Browns  Valley,  Minn. ; 
Julius  Schendel.  teacher,  Campbell,  Minn. ;  Fred  H.  Schendel,  printer,  Campbell, 
Minn. ;  Alexander  Scott,  laborer,  W^ahpeton,  N.  D. ;  Thomas  Stafne,  laborer, 
Prairie  Farm,  Wis. ;  Will  L.  Schoonover,  engineer,  Wahpeton,  N.  D. ;  Otto  O. 
Swank,  clerk,  Wahpeton,  N.  D. ;  George  J.  Seidlinger,  harnessmaker,  Brandon, 
Minn. ;  Eddie  St.  John,  laborer,  Chippewa  Falls,  Wis. ;  Charles  Senkle,  printer, 
Wahpeton,  N.  D. ;  Gus  Sweeney,  farmer,  Wahpeton,  N.  D. ;  James  Snodgrass, 
farmer,  Wahpeton,  N.  D. ;  Thomas  Schoot,  railroadman,  Breckenridge,  ]\Iinn. ; 
Chesley  T.  Talley,  laborer,  Wahpeton,  N.  D. ;  Leslie  R.  Waterman,  shoemaker, 
Wahpeton,  N.  D. ;  Byron  Woodberry,  student,  Wahpeton,  N.  D. 

Discliargcd 

John  F.  Faytle,'  Sergt.,  Wahpeton,  N.  D.,  teacher,  by  orders,  September  i, 
1899;  Edward  C.  Little,  Mus.,  Breckenridge,  Minn.,  well  digger,  by  orders,  July 
31,  1899  (36th  U.  S.  V.)  ;  Frank  Trupka,  Mus.,  Manila,  P.  I.,  laborer,  by  orders, 
July  13,  1899,  reenlisted;  Fred  C.  Mullen,  wagoner,  Breckenridge,  Minn.,  fire- 
man, by  orders,  January  2,  1899;  John  F.  Desmond,  Wahpeton,  N.  D.,  wood- 
worker, by  orders,  July  29,  1899;  John  A.  Diamond,  Wahpeton,  N.  D.,  baker, 
by  orders,  September  i,  1899;  Herbert  Files,  Fergus  Falls,  Minn.,  mason,  by 
orders,  September  i,  1899;  George  E.  Flemming,  Wahpeton,  N.  D.,  laborer,  by 
orders,  July  29,  1899;  Will  J.  Gillet,  Manila,  P.  I.,  machinist,  by  orders,  July  29, 
1899,  reenlisted  37th  U.  S.  V. ;  Herman  Harms,  Wahpeton,  N.  D.,  farmer,  by 
orders,  July  29,  1899;  Peter  Happstadius,  Wahpeton,  N.  D.,  farmer,  by  orders, 
July  29,  1899;  John  C.  Leathert,  Breckenridge,  Minn.,  railroadman,  by  orders. 


HISTORY  OF  NORTH  DAKOTA  573 

August  17,  1899;  Wlalter  Schmeltekoff,  Manila,  P.  L,  waiter,  by  orders,  July  29, 
1899,  reenlisted  14th  U.  S.  If.;  Henry  J.  Ready,  Wahpeton,  N.  D.,  clerk,  by 
orders,  September  i,  1899;  John  Souhrada,  Manila,  P.  I.,  laborer,  by  orders,  July 
29,  1899,  reenlisted  36th  U.  S.  V. 

Transferred 

Joseph  E.  Slattery,  2d  Lieut.,  Wahpeton,  N.  D.,  student,  Company  B,  July 
12,  1899;  Fred  Gellerman,  Sergt.,  Wahpeton,  N.  D.,  operator,  signal  corps,  June 
15,  1898;  Walter  E.  Patten,  Corp.,  Wahpeton,  N.  D.,  druggist,  hospital  corps. 
May  16,  1898;  Loren  Campbell,  Corp.,  Wahpeton,  N.  D.,  clerk,  hospital  corps. 
June  22,  1898;  Erie  A.  Hamilton,  Breckenridge,  Minn.,  clerk,  hospital  corps, 
January  25,  1898. 

Dead 
George  J.  Schueller,  killed  in  action  near  Paete,  P.  I.,  April  12,  1899. 

Wounded 

Herbert  L.  Files,  wounded  in  chest  at  Paete,  P.  I.,  April  12,  1S99;  Emil  J. 
Pepke,  cook,  wounded  in  chest  at  Tabac,  P.  I.,  April  29,  1899. 

For  Valiant  Service 
John  F.  Desmond,  recommended  for  medal  of  honor  for  valiant  service. 

COMPANY   K SECOND  B.\TTALION 

George  Auld,  Capt.,  registrar  of  deeds,  Dickinson,  N.  D. ;  Ambrose  J.  Osborn, 
1st  Lieut.,  photographer,  Dickinson,  N.  D. ;  Edw.  G.  Gorsuch,  2d  Lieut., 
machinist,  Bismarck,  N.  D. ;  W.  Fulton  Burnett,  ist  Sergt.,  teacher,  Dickinson, 
N.  D. ;  Oscar  M.  Skeem,  Q.  M.  Sergt.,  blacksmith,  Dickinson,  N.  D. ;  Alfred  W. 
Freeman,  Sergt.,  druggist,  Dickinson,  N.  D. ;  Samuel  Andrews,  Sergt.,  printer, 
Dickinson,  N.  D. ;  Storey  E.  Auld,  Sergt.,  cowboy,  Dickinson,  N.  D. ;  Louis  F. 
Hanlin,  Sergt.,  clerk,  Dickinson,  N.  D. ;  Chas.  H.  De  Foe,  Corp.,  carpenter, 
Dickinson,  N.  D. ;  Jos.  A.  Reilly,  Corp.,  farmer,  Lehigh,  N.  D. ;  Llewellyn  Morse, 
Corp.,  teamster,  Dickinson,  N.  D. ;  Clark  H.  Coburn,  Corp.,  farmer,  Richardton, 
N.  D. ;  Morton  R.  Bonney,  Corp.,  farmer,  Antelope,  N.  D. ;  Fred  Kuntz,  Corp., 
farmer,  Richardton,  N.  D.  ;■  Fred  C.  Anderson,  Lance  Corp.,  mechanic,  Tracy, 
Minn.;  Hans  Kristick,  Mus..  printer,  Dickinson,  N.  D. ;  Willard  J.  Myers,  Mus., 
tanner,  Antelope,  N.  D. ;  Nicholas  Rothschild,  artificer,  blacksmith,  Dickinson, 
N.  D. ;  George  T.  Dollard,  wagoner,  stockman,  Belfield,  N.  D. ;  Charles  Hanover, 
cook,  carpenter,  Mandan,  N.  D. 

Privates 

Antone  Adelman,  farmer,  Gladstone,  N.  D. ;  Charles  D.  Butterwick,  photog- 
rapher, Milton.  N.  D. ;  Albert  L.  Boring,  farmer,  Greenburg,  Ind. ;  George  E. 
Carpenter,  cowboy,  IMiddleton,  N.  Y. ;  Ernest  B.  Cornell,  farmer.  Gladstone. 
N.  D.;  Timothy  B.  Curtis,  laborer,  Arlington,  Sibley  County,  Minn.;  Parley  R. 


574  HISTORY  OF  NORTH  DAKOTA 

Colburn,  farmer,  Richardton,  N.  D. ;  John  C.  Chaloiier,  liveryman,  Dickinson, 
N.  D. ;  Harry  A.  Edison,  clerk,  Bakersfield,  Cal. ;  Frank  A.  Earley,  farmer, 
Richardton,  N.  D. ;  John  Fisher,  clerk,  Terspol,  Emmons  County,  N.  D. ;  Peter 
L.  Frogner,  laborer,  Atwater,  Minn. ;  Edw.  E.  Gibbs,  teamster,  Dickinson,  N.  D. ; 
Claude  E.  Groff,  cowboy,  Dickinson,  N.  D. ;  Henry  Hanson,  farmer,  Kindred, 
N.  D. ;  August  W.  Hensel,  farmer,  Tappen,  N.  D. ;  William  A.  Hill,  bookkeeper. 
La  Crosse,  Wis. ;  William  Heiser,  porter,  Dickinson,  N.  D. ;  Michael  Hughes, 
laborer,  Dickinson,  N.  D. ;  U.  Schyler  Hinkel,  liveryman,  Colon,  Mich. ;  John  E. 
Jones,  woodman,  Michigan  City,  N.  D. ;  John  Kuntz,  farmer,  Dickinson,  N.  D. ; 
Arthur  J.  Loomis,  cowboy,  Antelope,  N.  D. ;  Anthony  W.  Link,  engineer,  Glad- 
stone, N.  D. ;  Adam  S.  Mischell,  storekeeper,  Hanover,  Kan. ;  Patrick  Murphy, 
miner,  Hancock,  Mich. ;  Carl  A.  Madsen,  farmer,  Hunter,  Mich. ;  Siegwart  Nel- 
son, farmer,  Lake  Preston,  S.  D. ;  William  E.  Phillips,  laborer,  Augusta,  Wis. ; 
Hollis  Paden,  laborer,  Dickinson,  N.  D. ;  Frederick  J.  Rohrer,  laborer,  San  Fran- 
cisco, Cal.;  George  M.  Russell,  laborer.  Kindred,  N.  D. ;  Paul  H.  Riech,  farmer, 
Middleton,  Conn. ;  Christopher  B.  Rice,  farmer,  Fargo,  N.  D. ;  Clarence  E.  Stod- 
dard, farmer,  Housatonic,  INIass. ;  Thomas  M.  Sweeney,  miner,  Nyhart,  Mont. ; 
Herman  J.  Steriner,  Jr.,  farmer,  Winona,  Emmons  County,  N.  D. ;  Rudolf  V. 
Steiner,  miller,  Fargo,  N.  D. ;  Samuel  Smiley,  railroadman,  Dickinson,  N.  D. ; 
Gilbert  Ulberg,  laborer,  Hatton,  N.  D. ;  Elmer  W.  Williams,  printer,  Chicago, 
111. ;  Frank  W.  Wilson,  laborer,  Detroit,  Mich. 

Discharged 

Hans  Garseg,  Sergt..  Dickinson,  N.  D.,  miner,  by  orders,  July  29,  1899; 
Edward  L.  Ham,  Corp.,  Manila,  P.  I.,  wheat  buyer,  by  orders,  July  12,  1899, 
reenlisted  36th  U.  S.  V. ;  William  F.  Thomas,  Corp.,  ^lanila,  P.  I.,  acrobat,  by 
orders,  July  31,  1899,  reenlisted;  James  O.  Gorrie,  wagoner,  Manila,  P.  I.,  book- 
keeper, by  orders,  July  13,  1899,  reenlisted;  Ticko  Bowman,  Manila,  P.  I., 
laborer,  by  orders,  July  14,  1899,  reenlisted ;  Nathan  E.  Chase,  Dickinson,  N.  D., 
farmer,  by  orders,  September  2.  1899,  reenlisted ;  Stephen  A.  Doherty,  Dickin- 
son, N.  D.,  herder,  by  orders,  July  29.  1899,  reenlisted ;  William  Fitzgerald, 
Dickinson,  N.  D.,  laborer,  by  orders,  August  13,  1899;  Raymond  Groll,  Manila, 
P.  I.,  farmer,  by  orders,  July  13,  1899,  reenlisted  36th  U.  S.  V. ;  James  K.  Hall, 
Dickinson,  N.  D.,  cowboy,  disability,  December  14,  1898 ;  Patrick  Hussey,,Manila, 
P.  I.,  laborer,  by  orders,  July  21.  1899,  reenlisted  36th  U.  S.  V.;  Harry  W. 
Klinefelter,  Dickinson,  N.  D.,  drayman,  by  orders,  August  16,  1899;  Joseph  Mar- 
monn,  Richardton,  N.  D.,  farmer,  disability,  March  7,  1899;  Dennis  Mahoney, 
Manila,  P.  I.,  stone  cutter,  by  orders,  July  21,  1899,  reenlisted  36th  U.  S.  V. ; 
John  C.  Smith,  Manila,  P.  I.,  laborer,  by  orders,  July  21,  1899,  reenlisted  36th 
U.  S.  V. ;  John  J.  Smith,  Manila,  P.  I.,  molder,  by  orders,  July  21,  1899,  reenlisted 
36th  U.  S.  v.;  Frank  Summerfield,  Manila,  P.  I.,  clerk,  by  orders,  July  13,  1899, 
leenlisted  36th  U.  S.  V.;  George  G.  Vest,  Manila,  P.  I.,  clerk,  by  orders,  July  13, 
1899,  reenlisted  36th  U.  S.  V. 

Transferred 

Harrison  J.  Gruschius,  2d  Lieut.,  Dickinson,  N.  D.,  lumberman.  Company  H, 
January  8,  1899;  Fred  E.  Smith,  2d  Lieut.,  Manila,  P.  I.,  soldier,  36th  U.  S.  V., 


HISTORY  OF  NORTH  DAKOTA  575 

July  26,  1899;  Roy  H.  Berry,  Dickinson,  N.  D.,  student,  hospital  corps,  June  21, 
1898;  James  A.  Williams,  Dickinson,  N.  D.,  cook,  hospital  corps,  June  21,  1898; 
Alfred  L.  Ledin,  Dickinson,  N.  D.,  student,  hospital  corps,  January  23,  1899. 

Dead 

Harrold  H.  Davis,  Corp.,  died  at  sea  on  U.  S.  Transport  Grant,  August  19, 
1899;  Ole  T.  Lakken,  died  at  Manila,  P.  I.,  of  pneumonia,  November  21,  1898; 
William  R.  Howell,  died  at  sea  of  consumption,  February  13,  1899. 

Wounded 
August  W.  Hensel,  wounded  in  leg  at  Paete,  April  12,  1899. 

For  Valiant  Service 

Patrick  Hussey,  Frank  W.  Summerfield,  recommended  for  two  medals  of 
honor  for  valiant  service,  one  at  burning  bridge  over  Tabon  River,  May  16, 
1899,  and  one  for  bravery  at  San  Miguel,  May  13,  1899 ;  William  F.  Thomas, 
Corp.,  Thomas  M.  Sweeney,  recommended  for  medal  of  honor  for  valiant 
service  at  burning  bridge  over  Tabon  River,  May  16,  1899. 

MUSTER    IN    ROLL    OF   FIRST    NORTH    DAKOT.A.    INFANTRY 

Before  Leaving  for  Service  on  the  Border  in  1916 

Field,  Staff  and  Band 

John  H.  Fraine,  colonel ;  Gilbert  C.  Grafton,  lieutenant  colonel ;  Frank  S. 
Henry,  major;  Dana  Wright,  major;  James  M.  Hanley,  major;  Daniel  S.  Lewis, 
captain,  Regt.  Coms'y;  Theodore  S.  Henry,  captain,  Regt.  Adjt. ;  La  Roy  Baird, 
1st  Lieut.,  Bv.  Adjt.;  John  W.  Murphy,  ist  Lieut.,  Bv.  Adjt.;  Hastings  H. 
Hamilton,  ist  Lieut.,  Bv.  Adjt. ;  Ivan  V.  Metzger,  2d  Lieut.,  Bv.  O.  M.  &  C. ; 
John  S.  Grane,  2d  Lieut.,  Bv.  Q.  M.  &  C. ;  Warren  A.  Stickley,  R.  Sergt.  Maj.; 
Joseph  L.  Dwire,  Reg.  Coms'y  Sergt. ;  John  W.  Rock,  R.  O.  M.  Sergt. ;  James  A, 
Soules,  Color  Sergt.;  Oscar  B.  Treumann,  Bv.  Sergt.  Maj.;  Duane  Y.  Sarles, 
Bv.  Sergt.  Maj.;  Amos  E.  Freeman,  Bv.  Sergt.  Maj.;  Myron  T.  Davis,  Prin. 
Mus.  r-foseph  L.  Allison,  Drum  Maj.;  Sergts.,  Harry  S.  Moore,  Cuthbert  S. 
Moore,.  William  M.  Jones,  Paul  D.  Harris;  Corps.,  Max  M.  Moore,  Archie 
Galbreath,  Minnard  Halverson,  Fred  A.  Oliver,  Walter  E.  Jones,  James  E.  Jones ; 
Walter  E.  Wodrich,  cook.  Privates :  Robert  H.  Carlson,  Glen  H.  Cole.  Delbert 
L.  Diehl,  Edward  H.  Gewalt,  Flarold  H.  Hannan,  Vincent  K.  Harris,  Earl  H. 
Hausken,  John  J.  Hegreves,  Patrick  J.  Hennessey,  Richard  Hockridge,  Herbert 
C.  Kift,  Edward  Layman,  Vernon  Muir,  Earl  Nelson,  John  C.  Wagner,  Harold 
Webster. 

COMPANY  A 

Alfred  B.  Welch,  Capt. ;  Fred  D.  Graham,  ist  Lieut.;  Warl  L.  Preston,  2d 
Lieut.:  William  C.  Paulson,  ist  Sergt.;  Donald  McPhee,  Quartermaster  Sergt.; 
Ferris  Cordner,  Sergt. ;  Adolph  Scharnowske,  Sergt. ;  Emil  Bressler,  Sergt. ;  Wil- 
liam  Savage,   Sergt. ;   Charles   S.  Jones,   Sergt. ;  Thomas   Costello,   Corp. ;  John 


576  HISTORY  OF  NORTH  DAKOTA 

Maurer,   Corp. ;  Eugene  Morris,  Corp. ;  George  Rasche,  Corp. ;  Arthur  Serres, 
Corp. ;  Frank  H.  Howell,  Corp. ;  Marion  C.  Hauser,  Corp. 

Privates 

Theodore  D.  B.  Alberghtson,  Art.  Albrecht,  Edward  J.  Allensworth,  Jay 
Anderson,  Henry  Amberson,  Julius  Amberson,  Walter  Austin,  Clarence  Bain- 
bridge,  Lyman  A.  Baker,  Peter  H.  Baker,  Morris  Bergstrom,  Herman  Brocupp, 
Arthur  Brown,  Jim  Brown,  Howard  E.  Callahan,  William  N.  Carrick,  Benedict 
Cloud,  Walter  Coil,  Loyd  A.  Couch,  Harry  Cunq,  Joe  Deibele,  Joe  P.  Delmore, 
Joe  Derringer,  Martin  Derringer,  Norman  Flow,  David  R.  Fort,  Norman  Fred- 
rick, Joe  Freeburger,  David  L.  Friedmann,  Ambrose  Gallagher,  George  Goldader, 
William  Haas,  John  Habeck,  Leston  Hays,  Vinton  P.  Heaton,  Lawrence  Hull, 
Ole  D.  Jensen,  Alfred  Kasper,  Walter  Knott,  Dennis  Laris,  Andrew  Mathews, 
Leonard  Matthews,  Ray  H.  Matthews,  John  Miley,  Carl  C.  Moore,  Thomas  B. 
Mousso,  George  Nelson,  Frederick  Olson,  John  H.  Ozmond,  Alak  Patterson, 
Owen  Posner,  Austin  Reed,  Arthur  Roberts,  Ernest  Ryti,  George  Smith,  Robert 
B.  Sours,  Charles  Spiro,  Walter  Stopfer,  Arthur  Tews,  Carl  O.  Ulness,  Henry 
M.  Volquardsen,  Alex.  Whitefeather,  Horace  E.  Williams,  William  Wise. 

COMPANY   B 

Gustav  A.  M.  Anderson,  Capt. ;  Ernest  S.  Hill,  ist  Lieut.;  Reginald  F.  E. 
Colley,  2d  Lieut.;  Earle  W.  South,  ist  Sergt. ;  Edward  S.  Peterson,  Q.  M.  Sergt. ; 
Hjalmer  O.  Thorson,  Sergt. ;  Eugene  S.  Logan.  Sergt. ;  George  F.  Ludvigson, 
Sergt. ;  Elvin  Saul,  Sergt. ;  Jack  D.  Thompson,  Corp. ;  Lewis  M.  Thune,  Corp. ; 
Ernest  O.  Fjelstad,  Corp. ;  Carl  J.  Anderson,  Corp. ;  Archibald  W.  Melchior, 
Corp. ;  Orville  A.  Bolser,  cook ;  Henry  E.  Seebold,  cook ;  Bristol  F.  Gram, 
Jr.,  musician;  Denzil  C.  McKinsey,  musician. 

Privates 

William  L.  Abare,  Carl  E.  Anderson,  Glennon  R.  Anderson,  George  E.  Beck- 
strom,  Robert  H.  M.  Canning,  Oliver  Conn,  Ward  M.  Davenport,  Robert  F. 
Ellison,  Arthur  V.  Flaten,  Chester  R.  Fonts,  Harry  Footer,  Ray  A.  Fretz,  Ercyl 
B.  Hamilton,  Roswell  J.  Hanson,  James  B.  Hardy,  Francis  G.  Heapes.  Ralph 
E.  Hollister,  John  G.  Hubertz,  Joseph  E.  Johnson,  Clarence  Kelson,  William  J. 
Lamb,  Gustav  F.  Lawrence,  Ben  Lewis,  Harry  Lewis,  Chas.  W.  B.  McDermott, 
Walker  McDonough,  Donald  McGregor,  Norman  B.  McLean,  Thomas  J.  Mc- 
Neese,  Harold  J.  MacCarthy,  Harold  S.  Mayer,  Fred  A.  Miller,  Charles  W. 
Nelson,  Elford  Nelson,  Aleck  J.  Nemzek,  Jr.,  John  O'Laughlin,  George  W.  Olson, 
Verner  Olson,  John  E.  Peterson,  Percy  M.  Pettit,  William  A.  Rasmusson,  Henry 
Retzer,  Edwin  M.  Sauer,  William  Scott,  Cecil  W.  Smith.  Leon  C.  South,  Ray 
G.  South,  John  C.  Speare,  Joseph  Steiner.  Leonard  T.  Sullivan,  Fred  C.  Thomp- 
son, Harry  Thompson,  Niel  Tierney,  Ralph  Torson,  Martin  A.  Wahlberg,  Bud 
Welch,  Richard  R.  Wells. 

COMPANY    C 

Manville  H.  Sprague,  Capt.;  John  G.  Ofstedahl,  ist  Lieut.;  WilHam  K. 
Treumann,  2d  Lieut.;  John  Brien,  ist  Sergt.;  Henry  Moe,  Q.  M.  Sergt.;  Myron 


HISTORY  OF  NORTH  DAKOTA  577 

Omlie,  Sergt. ;  Clay  Anderson,  Sergt.;  John  R.  Fraine,  Sergt. ;  Arthur  Peder- 
son,  Sergt. ;  Le  Roy  E.  IMcGraw,  Sergt. ;  Grant  A.  McDonald,  Corp. ;  John  Mohn, 
Corp. ;  lilmer  Berg,  Corp. ;  Walter  A.  Kirkland,  cook ;  Juel  Thor,  cook ;  Eddie 
Stuart,  artificer;  Fritz  E.  Anderson,  musician;  Ingvar  Arman,  musician. 

Privates 

Qaude  W.  Aymond,  Roy  M.  Berrian,  Louis  E.  Bolton,  Edward  Bouvette, 
Luzerne  D.  Braudt,  William  C.  Bryce,  Adrien  Charpentier,  Max  J.  Cheslik,  Joe 
Collette,  Archie  A.  Craig,  Carl  Dahl,  Russell  E.  Davis,  Philip  Eastman,  Lowell 
B.  Edin,  William  Foster,  Reuben  G.  Giles,  Joe  Givens,  George  Gjerswold,  Magnus 
Gunderson,  Carl  C.  Hankey,  Lee  R.  Hiel,  William  C.  Hogg,  Leonard  Hoisveen, 
Arthur  G.  Homme,  James  J.  Horgan,  Myrton  Hull,  Ralph  W.  Jackson,  Joseph 
Johnson,  Murray  Johnson,  William  Johnson,  Charles  H.  Kirkland,  James  N. 
La  Fromboise,  Fred  E.  Lakdal,  Louis  Letourneau.  George  F.  Lewis,  Joseph 
McCaman,  Allan  W.  McLean,  Earl  Maher,  James  H.  Moher,  John  L.  Merchle- 
vicg,  John  J.  Mollers,  Mark  Mollers,  Casmer  Monteski,  Fred  T.  Nelson,  Stewart 
B.  Newell,  Henry  R.  Newgard,  George  H.  Owen,  Clayton  D.  Pannsbaker,  Mans- 
field A.  Ouist,  Edward  Radke,  Fred  Radke,  Jr.,  Ragnar  Reistadbekken,  Fred 
Roth,  Wilhelm  F.  Rude,  Austin  R.  Rye,  David  H.  Smith.  Fredrik  Smith-Peter- 
son, George  P.  Swansen,  Swan  Swansen,  Wallace  M.  Swenson,  Dewey  Swiggum, 
Gus  W.  Thompson,  Levin  Thompson,  William  G.  Tollock,  Harry  Non  Gorres, 
Harry  A.  Walters,  Frank  C.  Willson. 

COMPANY  D 

Frank  E.  Wheelon,  Capt. ;  Otto  F.  Gross,  ist  Lieut.;  Albert  E.  Whitney,  2d 
Lieut. ;  Stanton  A.  Hayes,  ist  Sergt. ;  Leonard  T.  Larson,  O.  M.  Sergt. ;  Percival 
B.  T.  Robbins,  Sergt. ;  Carl  G.  Lautz,  Sergt. ;  John  Leshe,  Sergt. ;  Leo.  S.  Kigin, 
Sergt. ;  Walter  Hall,  Sergt. ;  Luther  S.  McGahan,  Corp. ;  Hugh  E.  Taylor,  Corp. ; 
Frank  J.  Falvey,  Corp. ;  Hildor  Ellison,  Corp. ;  Edward  Hoffman,  Corp. ;  Paul 
B.  Murphy,  Corp. ;  William  P.  Makee,  Corp. ;  Joseph  B.  Richards,  Corp. ;  George 
S.  Sawaya,  Corp. ;  Robert  S.  Stevens,  Corp. ;  Robert  Odum,  artificer ;  William 
Marsh,  musician ;  Benjamin  D.  Fleet,  musician. 

Privates 

Simon  P.  Accola,  Thomas  T.  Adcock,  Bert.  Albin,  Lee  Andrews,  Melvin  A. 
Avelsgaard,  Harrison  Bailey,  John  D.  Bailey,  Charles  Baker,  Herman  E.  Bartz, 
Harry  Bates,  Donald  W.  Beers,  Irl  J.  Beleal,  William  Berg,  Victor  Bergstrom, 
Herman  H.  Brietzke,  Forrest  W.  Brooks,  Arthur  J.  Brown,  Peter  A.  Brown, 
Joseph  ]\L  Buchko,  \\'illiam  G.  Carroll,  Robert  E.  Casey,  Ralph  H.  Clarke,  Elmer 
Clauson,  William  H.  Day,  Fay  C.  DeWitt,  Carl  J.  Dokken,  Leslie  Dunn,  Weston 
J.  Du  Vail,  Arthur  M.  Eide,  Mike  Fillip,  Alex.  Florea,  Harr>'  T.  Foley,  Raymond 
Gilette,  Patrick  Gilmore,  Hans  Gimble,  Guy  D.  Givens,  Aksel  Haase,  Olov 
Halsebo,  Orville  Halsey,  John  W.  Hanson,  Joseph  Hilts,  Paul  N.  Hofocker, 
Paul  D.  Howell,  Charles  H.  Jeffries,  Roy  F.  Jewett,  Alfred  Johnson,  George  R. 
Johnson.   Herman  Johnson,   Michael   Kearns,  Ralph   H.   Kohn,   Carl   M.   Kuhl, 


578  HISTORY  OF  NORTH  DAKOTA 

George  Lamorie,  Harry  Laridaen,  Charles  Larson,  Roy  LaShelle,  Harold  L. 
Lloyd,  Maxwell  Love,  Barney  J.  McCann,  Henry  J.  McClain,  Jesse  J.  McClain, 
John  J.  McDonald,  Clarence  J.  Madsen,  Jacob  Matt,  Alfred  H.  Miller,  Frank 
Miller,  Mike  Miller,  Vernon  C.  Miller,  Joseph  N.  Morrow,  Clarence  Moulton, 
Walter  Nichols,  Mike  Nowak,  Oscar  Nyberg,  William  H.  Oesch,  Fred  Pentz, 
Louis  Prokoff,  John  R.  Ouackenbush,  Allen  P.  Racine,  Harry  L.  Remington, 
Buel  J.  Riblett,  Leo.  Rudd,  Harry  Schlaberg,  Joseph  Selberg,  Lee  E.  Smith,  Verne 
Soderquist,  Fred  Strandberg,  Smith  Taylor,  Albert  Tiller,  Fred  Von  Duzee, 
George  Wartchow,  William  Waydeman,  Bert  Wells,  Jake  Wesa,  Ray  W.  Wilkes, 
Arthur  J.  Wilson,  Asad  E.  Wilson,  Oscar  Wold,  John  T.  Zebriskie. 

COMPANY  E 

Emery  W.  Jeffrey,  1st  Lieut.;  William  W.  Jeffrey,  2d  Lieut.;  George  G. 
Harvey,  1st  Sergt. ;  Otto  W'annagat,  O.  M.  Sergt. ;  James  L.  Thiessen,  Sergt. : 
Will  M.  Woolridge,  Sergt. ;  Edward  O.  Anderson,  Sergt. ;  Carl  H.  Erickson, 
Sergt.;  Cyril  D.  Page,  Sergt.;  Herbert  Metzger,  Corp.;  George  F.  Wilkinson, 
Corp. ;  Elmer  O.  Halvorsen,  Corp. ;  Lester  A.  Jeffrey,  Corp. ;  Harry  J.  Hal- 
verson,  Corp. ;  Ben  J.  Craven,  Corp. ;  Christian  E.  Boe,  Cook ;  Ernest  Nehring, 
Cook. 

Privates ' 

Jesse  V.  Alexander,  Robert  D.  Barnfather,  Clarence  A.  Bell,  Charles  O. 
Bradley,  Malcolm  G.  Brawley,  Arthur  E.  Brooks,  Phillip  J.  Carpentier,  Wilfred 
J.  Carpentier,  William  J.  Chambers,  Walter  F.  Charnholm,  Mike  F.  Clark, 
Thomas  Clausen,  Edward  B.  Craven,  Clarence  E.  Evans,  Frank  Wi  Evans, 
Harry  P.  Evans,  Stephen  W.  Field,  Arthur  C.  Gardner,  Leslie  C.  Grover.  Casper 
E.  Gunderson,  Christie  Hahm,  Logan  M.  Hardaway,  Frank  S.  Harvey,  Roy  M. 
Hendricks,  Reginald  R.  Holland,  John  W.  Holloway,  Cecil  S.  Jackson,  Percy 
R.  Jaynes,  Peter  D.  Johnson,  Ira  L.  Jaynes,  Leo  B.  Kingston,  Holver  K.  Koppang, 
Nicholas  J.  Lahr,  Benjamin  Leifson,  William  B.  Law,  Howard  F.  McDonald, 
Robert  E.  McWilliams,  Dewey  E.  Marston,  John  C.  Matthews,  Luther  J.  Mon- 
son,  Clarence  G.  Personius,  Hughie  A.  Puffer,  Thomas  B.  Randolph,  Gerhard 
A.  Roed,  Hjalmer  Rud,  John  H.  Ruetten,  Littleo  Shanks,  Henry  J.  Schutt,  Axel 
Selseth,  Gerard  P.  Sheldall,  John  M.  Shen,  Shaker  A.  Shikany,  Ellis  R.  Slatfer, 
Charles  E.  Smith,  Lester  S.  Taylor,  John  T.  Thompson,  Walter  L.  Warner,  Qaire 
A.  Wfllder. 

COMPANY  F 

Guttorm  I.  Solum,  Capt. ;  Vincent  J.  Melarvie,  ist  Lieut.;  Robert  Wilson,  2d 
Lieut.;  Gilbert  W.  Cass,  ist  Sergt.;  Martin  A.  Mossbrucker,  0.  M.  Sergt;  Ralph 
G.  Hausen,  Sergt. ;  Clarence  L.  Hassell,  Sergt. ;  Peter  A.  Duchene,  Sergt. ;  Custer 
A.  Lang,  Sergt. ;  John  K.  Kennelly,  Corp. ;  Paul  W.  Bastine,  Corp. ;  Glen  A.  Gray, 
Corp. ;  John  A.  Shaw,  Corp. ;  Edgar  Newgaard,  Corp. ;  Praley  Hausen,  Corp. ; 
Archie  H.  Fink,  Corp. ;  Charles  M.  Russell,  cook ;  Dave  J.  Welch,  cook ;  Harry 
J.  Brown,  artificer;  Theodore  W.  Hillius,  musician. 


HISTORY  OF  NORTH  DAKOTA  oTO 

Privates 

William  C.  Andrews,  Christ  Aroando,  George  Bailey,  Fred  M.  Barnes,  James 
Blazek,  Jesse  M.  Castle,  Russell  Cyrus,  Fred  W.  Dieter,  Frank  E.  Emard,  Francis 
Fanning,  Tom  Firof,  William  V.  Fox,  Wiilliam  Gehrke,  Walter  H.  Hecker,  Rob- 
ert J.  Huff,  Ralph  Hunter,  Harold  J.  Jones,  George  Kisch,  Peter  Klick,  John  R. 
Krogland,  Victor  Lindor,  Arthur  A.  Loy,  Raymond  McAdams,  Thomas  F.  Mc- 
Carthy, Albert  E.  Morris,  James  Mullen,  Jacob  Myers,  Irwin  C.  Nichols,  Joseph 
O.  Olson,  Oscar  Olson,  Richard  Peters,  Orva  G.  Pruyn,  Frank  Rambur,  Hugo 
O.  Renden,  Erwin  E.  Ricker,  Olin  Roth,  David  E.  Rutland,  George  A.  J.  Sandvig, 
Henry  J.  Schafer,  Steve  Shvaro,  William  B.  Skjod,  Earl  Slater,  Paul  A.  R. 
Slipka,  Bert  O.  Smith,  Richard  Snyder,  Nathaniel  Starck,  Robert  M.  Thurston, 
John  A.  Timmerman,  Raymond  Tipper,  Bernard  Toelke,  Leigh  Wade,  Maurice 
Wasem. 

COMPANY  G 

David  S.  Ritchie,  Capt. ;  Milton  H.  Mason,  ist  Lieut. ;  Fay  Ross,  2d  Lieut. ; 
Harry  N.  Olsby,  ist  Sergt. ;  Edwin  C.  Baumey,  0.  M.  Sergt. ;  Harley  McCready, 
Sergt. ;  Neal  Tracy,  Sergt. ;  Clarence  V.  Carlson,  Sergt. ;  John  T.  Brush,  Sergt. ; 
Ross  G.  Wills,  Sergt. ;  Ronald  McDonald,  Corp. ;  Thomas  J.  Brady,  Corp. ;  Har- 
old Jobe,  Corp. ;  Ole  Brandvold,  Corp. ;  Giles  Personius,  Corp. ;  Frank  S.  Booth, 
Corp.;  Lon  Ryan,  cook;  Edward  L.  Anderson,  artificer;  Hurley  Codding,  musi- 
cian; Paul  Hart,  musician. 

Privates 

Clarence  Allen,  Charles  R.  Auacker,  William  A.  Andreason,  Arnold  E.  Asel- 
son,  John  Bartholomew,  Lee  M.  Bell,  Helmer  Berger,  Roy  C.  Booth,  Robert 
Bridges,  Chester  E.  Brown,  Everett  Chambard,  Harry  E.  Davidson,  Hugh  F. 
Dedrick,  Walter  B.  Grannes,  Tom  Groden,  Jens  Hansen,  James  E.  Huft'man, 
Olaf  Hervig,  Albert  Higginbothani,  Andrew  E.  Highum,  Rollin  E.  Jaberg,  Melvin 
J.  Johnson,  Thomas  Jones,  Ralph  F.  Kernkamp,  Fred  Kunnell,  John  O.  Larson, 
John  Leondorf,  Walter  J.  Linthicum,  Douglas  Martin.  Harry  Mingle,  Archie 
Mix,  John  F.  Morse,  Roy  Nelson,  Arne  Olstad,  Bjorn  J.  Osborne,  Conrad  Ped- 
erson,  Peder  Pederson,  George  Peterson,  Thomas  H.  Peterson,  Floyd  Penn, 
Adry  H.  Pfusch,  William  J.  Shaw,  Howard  M.  Sollin,  Raymond  Stillings,  Ber- 
nard O.  Swanson,  Walter  Taylor,  Alvin  G.  Swanson,  John  B.  Thochlie,  Joe  S. 
Underwood,  Junius  Wall,  Harry  Weihemuller,  Bert  W.  Weston,  Robert  Wilson, 
Earl  Younkin. 

COMPANY  H 

James  D.  Gray,  Capt. ;  Calvin  H.  Smith,  1st  Lieut. ;  Alex  Steinbach,  2d  Lieut. ; 
Alfonso  J.  Steinbach,  ist  Sergt.;  Roy  F.  NowHn,  Q.  M.  Sergt.;  Thos.  Oliver, 
Sergt. ;  Lewis  B.  Allen,  Sergt. ;  Alexander  G.  Woychik,  Sergt. ;  Bert  Hurst, 
Sergt. ;  John  F.  Nolet,  Sergt. ;  Fredrick  R.  Kellogg,  Corp. ;  Alvin  Frickert,  Corp. ; 
Vernon  B.  Zacher,  Corp. ;  Dewey  W.  Hagen,  Corp. ;  Robert  E.  Dinehart,  Corp. ; 


580  HISTORY  OF  NORTH  DAKOTA 

Henry  Feickert,  Corp.;  John  L.  Teves,  cook;  Clifford  Gallipo,  cook;  Marion  E. 
Steinbach,  artificer;  Harry  J.  Hornby,  musician. 

Privates 

Earl  Bensch,  Kyle  Beach,  Raymond  Bensch,  Carl  J.  Bergquist,  Philip  T. 
Blewett,  Charles  E.  Brand,  Frank  Briggs,  William  C.  Broguton,  Dorman  Brown, 
Sumner  G.  Brown,  Patrick  Conlon,  Ray  E.  Cornwall,  Jess  F.  Crabtree,  James 
C.  Cusator,  Lance  Devericks,  Richard  T.  Dozier,  William  Farley,  William  Fidder, 
Max  Giese,  Richard  E.  Giese,  Allan  D.  Gunderson,  Robert  K.  Hall,  Frank  Ham- 
ilton, Thomas  W.  Hatten,  John  Johnson,  Willard  Johnston,  Francis  Judkins,  John 
Kubis,  Parker  LaMoure,  Hugh  Lee,  Fred  S.  Lieber,  Bert  E.  Lyon,  Arthur  Mc- 
Cann,  Virgel  McCombs,  Fi'ank  Newberry,  Andrew  Olson,  Arthur  E.  Parkinson, 
Jr.,  Harvey  H.  Pederson,  Walter  T.  Peterson,  Alexander  Plank,  Reuben  Poindex- 
ter,  Jr.,  Ben  Ramsey,  Arthur  H.  Ratzlaff,  Joseph  A.  Reis,  Roland  E.  Rhoads,  How- 
ard Richcreek,  Lyle  Roberts,  Fred  M.  Romer,  Nick  Romer,  Charles  W.  Schaller, 
John  V.  Seroy,  William  Severin,  Sanford  A.  Shain,  Jr.,  Herbert  Siebold,  Fred 
Smith,  Jr.,  James  Smith,  Alex.  Soransen,  Jacob  Von  Guyten,  Ambrose  Walsh, 
Jr.,  John  A.  Washburn,  Arthur  P.  Wheeler,  Alfred  M.  Williamson.  Walter  F. 
Willard,  Alixia  Willette. 

COMPANY   I 

Thomas  J.  Thomsen,  Capt. ;  Carl  M.  Ulsaker,  ist  Lieut.;  Leo  H.  Dominick, 
2d  Lieut. ;  Ward  W.  Wages,  ist  Sergt. ;  Otto  M.  Oien,  Q.  M.  Sergt. ;  Louis  Ander- 
son, Sergt. ;  Arthur  W.  McLean,  Sergt. ;  Wallace  E.  Morden,  Sergt. ;  Joseph  L. 
Vachon,  Sergt. ;  Harry  R.  Clough,  Sergt. ;  Wallace  W.  Millard,  Corp. ;  George  J. 
Fischer,  Corp. ;  Fred  Freitag,  Corp. ;  Werner  C.  Goerner,  Corp. ;  Adolph  B.  Veit, 
Corp. ;  Marvin  L.  Ryan,  Corp. ;  Wilkie  R.  Simard,  cook ;  Walter  A.  Dunn,  cook ; 
Arnold  C.  Forbes,  musician ;  Lawrence  J.  Voelker,  musician. 

Privates 

Chester  M.  Aim,  Albert  J.  Bader,  Frank  R.  Bennett,  Frank  G.  Bernard,  David 
A.  Bezenek,  John  J.  De  Fea,  Thomas  L.  De  Lancy,  Edward  A.  Demoray,  George 
Demoray,  George  Dvorak,  John  M.  Early,  Frank  J.  Enderson,  Isadore  J.  Engel- 
hard, Harold  G.  Eleckenstein,  George  E.  Fleming,  William  M.  Friederichs,  Ed- 
ward Funfar,  Roy  D.  Garrett,  Herbert  Goettlcman,  Joseph  Grenrath,  Melbert 
C.  Green,  Linton  M.  Harris,  Oliver  T.  Hess,  Clifford  D.  Homan,  Robert  A. 
Hughes,  Kinsey  Hutchens,  Roy  A.  Hutchens,  Lewis  C.  Jensen,  John  C.  Jorgen- 
son,  Philip  Kolegraff',  Robert  W.  Kramer,  Henry  A.  Krebs,  Oscar  Krueger,  Nels 
L.  Larson,  Charles  Leschke,  Sam  M.  Lock,  Louis  P.  Margenton,  Severin  Mik- 
kelson,  Albert  G.  Miller,  William  A.  Miller,  Rogert  P.  Moore,  Bernard  J.  Mundt, 
Leo.  Nebraske,  Milo  S.  Parks,  Nickhola  Passas,  Erwin  L.  Persons,  Ira  A.  Piper, 
Frank  Podraza,  John  Pulaski,  Charles  Radtke,  Howard  E.  Rice,  Joseph  E.  Rick- 
ert,  Harry  E.  Ross,  Edward  F.  Russell,  Lyal  St.  John,  Anthony  Schiller,  Paul 
E.  Sewrey,  Carl  W.  Sherley,  John  P.  Sinclair,  Curtis  G.  Solsvig,  Leslie  J.  Steph- 
ens, Bert  A.  Story,  Louis  Stuart,  William  W.  Thaw,  Francis  Traylor,  William 


HISTORY  OF  NORTH  DAKOTA  581 

A.  Tyra,  Henry  Ulrich,  Claude  C.  Vaught,  George  E.  Wagner,  William  H.  Wei- 
mar, William  Wilson,  William  H.  Wolfe. 

COMPANY  K 

Clarence  N.  Barker,  Capt. ;  John  F.  D.  Wiley,  ist  Lieut.;  Albert  Behonek, 
2d  Lieut. ;  Chris  J.  Kunz,  ist  Sergt. ;  Bert  Wladdell,  O.  M.  Sergt. ;  Leon  Stuck, 
Sergt. ;  Frank  L.  Flynn,  Sergt;  Robert  L.  Hill,  Sergt.;  James  L.  Monson,  Sergt.; 
Sidney  L.  Morrison,  Corp. ;  Vincent  T.  Mikantsch,  Corp. ;  Stanley  Grubb,  Corp. ; 
Paul  H.  Erb,  Corp. ;  Robert  C.  Greenwood,  Corp. ;  Archie  C.  Gibson,  Corp. ; 
William  J.  Banish,  Corp.;  Odin  H.  Anderson,  cook;  John  S.  Hinds,  cook;  Alfred 
C.  Palmer,  artificer;  Thomas  J.  Lciihardt,  musician;  Dewey  Wiley,  musician. 

Privates 

Ernest  S.  Angliss,  Mathias  J.  Beres,  Earl  B.  Brassington,  Alvin  Breda,  Julius 
Breda,  Walter  W.  Brenner,  George  D.  Brodie,  Joseph  F.  Brodie,  Fred  W.  Ber- 
telsen,  George  H.  Butler,  Robert  L.  Coulter,  Robert  M.  Dickson,  Henry  M. 
Douglas,  Cyril  L.  Drury,  Gunnar  E.  Forsen,  Robert  W.  Gilliam,  Otis  Griffin, 
Wilber  W.  Haire,  Edwin  F.  Hastings,  Louie  F.  Hatzenbuchler,  Harold  A.  Hill, 
Joseph  Hodson,  Glen  D.  Hollenbeck,  Charley  R.  Hubbard,  Frank  P.  Kessel,  Jo- 
seph P.  Koch,  Harold  D.  Lillibridge,  William  E.  Littlehales,  Henry  J.  McLaughlin, 
Jerry  G.  Mahoney,  Lyall  B.  Merry,  Adelbert  Morey,  John  Morganthelar,  Harold 
W.  Parker,  Marvin  G.  Reed,  Frank  Richards,  Quintin  Roberts,  Fred  Russell, 
Louis  W.  Schmidt,  Valentine  Schwan,  Creatis  D.  Shira,  Lowell  W.  Shira,  Alfred 
Skinner,  Judson  Stanton,  Earl  H.  Vanstrum,  Ernest  Vessey,  Joseph  Vrana,  Lee 
Waddell,  Foster  White. 

COMPANY  L 

Barney  C.  Boyd,  Capt.;  Berto  A.  Olson,  ist  Lieut.;  Gunder  M.  Larson,  2d 
Lieut.;  Norviel  G.  Nyhus,  ist  Sergt.;  Jorgen  L.  Talmo,  Q.  M.  Sergt.;  Chester 
W.  Forre,  Sergt. ;  Fred  G.  Gutnecht,  Sergt. ;  Johnnie  Torgerson,  Sergt. ;  Allen 
G.  Gilbertson,  Sergt. ;  Arthur  Serumgard,  Sergt. ;  Henry  J.  Harstad,  Corp. ;  Paul 
Scott,  Corp.;  Hans  A.  Gilbertson,  cook;  Jerome  Baglien,  cook;  Sam  Allen,  ar- 
tificer; Robert  T.  Coutts,  musician;  John  M.  McGee,  musician. 

Privates 

Harry  A.  Anderson,  Casper  Arneson,  Peter  Arneson,  John  A.  Becker,  Ingvald 
Bergan,  Leon  H.  Brown,  Nick  Chester,  William  C.  Chrispen,  John  Christensen, 
Leslie  Christie,  George  J.  Constans.  Ralph  E.  Curtis.  Harold  W.  DeLude,  Henry 
L.  Ellingsom,  Filing  G.  Evenson,  August  B.  Falk,  Dewey  V.  Fink,  Dewey  V. 
Fisher,  George  Freson,  Leonard  D.  Gilbert,  Spencer  R.  Gilbert,  Maurice  Girard, 
Arthur  Flagen,  Thomas  J.  Hall,  Albert  B.  Hankey,  Knude  A.  Flansen,  Oscar 
L.  Hanson,  Henry  W:  Harris,  Clarence  Holland,  Iver  L.  Iverson,  Adolph  E. 
Kamplin,  Arthur  R.  Kelly,  Derice  G.  Kennedy,  Peter  Kleven,  Bernard  J.  Kohan, 
Peder  M.  Kristiansen.  Carl  E.  Larson,  Edward  R.  La  Berge,  Ovid  L.  La  Berge, 


582  HISTORY  OF  NORTH  DAKOTA 

Sam  M.  Lodmell,  ilike  Ludeen,  Francis  McDonald,  Vernon  L.  McHalfie,  Law- 
rence J.  McNamee,  Elmer  N.  Martin,  Herbert  Moerke,  Malcolm  Morrow,  Archie 
E.  Munter,  John  P.  JMurphy,  Carl  P.  Myren,  Roy  C.  Xeathery,  William  F. 
O'Brien,  Paul  Pecher,  Xorman  W.  Peterson,  William  W.  Peterson,  Xels  X. 
Renden,  Jr.,  Harr\'  E.  Russell,  George  P.  Sand,  Oscar  Sandvig,  Andrew  H.  Saw- 
yer, Arthur  Scheving,  Earl  \\'.  Scheewies,  Irvin  E.  Silvy,  Henry  Skagen,  Orlando 
Skagen,  Arv-id  T.  Smith,  Elmer  Solberg,  Jesse  Sorum,  Oscar  J.  Stearns,  Arthur 
C.  Strand,  Henn,-  Talmo.  Fred  C.  Tassell.  Earl  H.  Telle,  Louis  P.  Trepanier, 
Harold  E.  Trotter. 

COMPAXY    M 

Ansel  G.  Wineman,  Capt. ;  Oscar  G.  Holm,  1st  Lieut. ;  Harley  L  Henson,  2d 
Lieut. ;  John  A.  Stevens,  ist  Sergt. ;  James  M.  Culliton,  O.  M.  Sergt. ;  Axel  E. 
Knutson,  Sergt. ;  Carl  \\'.  Halten,  Sergt. ;  Clarence  D.  Locklin,  Jr.,  Sergt. ;  Merwyn 
H.  Hanson.  Sergt. ;  Earl  E.  Hanson,  Sergt. ;  Eugene  \'andeneynde,  Corp. ;  Ar- 
thur L.  Moebeck,  Corp. ;  Olaf  P.  Ringsby,  Corp. ;  Harold  A.  \'an  Dusen,  Corp. ; 
Fred  M.  Locklin,  Corp. ;  Leroy  W.  Goodwater,  Corp. ;  Donald  D.  Sliverton,  cook ; 
Barney  Barton,  artificer;  Merle  Becker,  musician:  Helmer  ^L  Hagen,  musician. 

Privates 

Chenning  G.  Anderson,  Clarence  N.  Anderson,  Delmar  Bjerk,  George  Bobich, 
Theodore  Carl,  Harold  J.  Culliton.  Guy  Davis,  Lester  DeLong.  Charles  Dryden, 
Alexander  C.  Drysdale,  Cecil  S.  Eddington.  Heber  L.  Edwards,  John  S.  Edwards, 
Harold  Ekholt,  Wjlmer  X.  Elton,  Oscar  Enger,  Elmer  Falconer,  Victor  Forsness, 
Oren  Garland,  Edward  G.  Goodrie.  Fred  Goodrie.  George  Gregg.  Wiliam  Gador, 
Morris  Goldstein,  Alexander  O.  Gorder,  Oscar  Gunderson,  George  A.  Hagen, 
Nels  Hallstan,  Harold  Hedican,  John  Hoffstad,  James  Hogan,  Russell  T.  Holter, 
Claude  E.  Ireland.  Charles  E.  Jelliff,  Carrol  P.  Johnson,  Clarence  Johnson,  Al- 
bert Jordan,  Ad  Lahey,  William  Lahey.  Earl  \'.  Lowe.  John  McKinnon,  Boyd 
Macdonald,  Samuel  Miner,  James  Morgan,  Martin  T.  Moran,  William  E.  Mul- 
ligan, Fredrick  G.  Myers.  Earl  X'elson,  Henrj'  M.  Xelson,  Ager  X^ewark, 
Theodore  Xewark.  Albert  C.  Xuessle,  Herman  Olson,  Rang\aldur  G.  Patrick, 
^^'illiam  W.  Patterson,  Herman  Peterson,  Max  Raines,  Edward  ^^'.  Rogers, 
Robert  B.  Rowe.  Ora  C.  Salisbur}-,  Har\-ard  N.  Schneeweiss,  Arnold  B.  Seymour, 
Edward  R.  Smith,  Fred  Stanley,  Alpha  C.  Stoddard,  August  Svedlund,  Harry 
Thomas,  Albert  Thoreson,  Simon  Tripp,  Leslie  G.  Trotter,  Henry  M.  Viken, 
William  L.  Whitfield,  Cashmer  Yezpski. 

S.ANITARY  TROOPS 

Thomas  C.  Petterson,  Maj.;  Thomas  M.  MacLachlin,  Capt.;  X'eil  McLean, 
Capt. ;  George  H.  Haynes.  Sergt. ;  Earl  M.  Crocker,  Sergt. ;  Arthur  McDaniel. 
Sergt.;  Curran  G.  Rourke.  Sergt. 

Privates 

Frank  T.  Allen.  Henn.-  Blake.  Ronald  D.  Campbell.  Samuel  A.  Daniels.  Harold 
Evans,  Raynal  Hammelton,  Cornelius  McXally,  Harley  Moore,  Mncent  Sinnott, 


HISTORY  OF  NORTH  DAKOTA  583 

Everett  Stoudt,  Thomas  Streeter,  Wayne  Watts,  Ivan  M.  Webster,  George  Blake, 
Cecil  R.  Campbell,  William  Carlson,  Edwin  Hansen,  Basil  Howell,  Archie  H. 
Reed,  Charles  J.  Thompson. 

DETACHMENTS    MUSTERED    IN    AFTER    THE    CALL 

Clarence  N.  Barker,  Capt. ;  Daniel  C.  Mulick,  ist  Lieut;  Alfred  C.  Coates, 
chief  musician;  Fred  Strebig,  Sergt. ;  Austin  E.  Belyea,  private;  Leslie 
H.  Langley,  private;  Wallis  R.  Bailey,  private;  John  A.  Bonnett,  private;  Neil  G. 
Calkins,  private;  Herman  Christensen,  private;  Walter  Cork,  private;  Robert 
Duthie,  private;  Aksel  H.  Enger,  private;  Frank  Gagnon,  private;  Harold  R. 
Garrett,  private;  George  B.  Hodge,  private;  Daniel  D.  McLaren,  private;  Esley 
E.  Norton,  private;  Albert  L.  Lutjens,  private;  Phil.  St.  Pierre,  private;  Stephen 
Samson,  private ;  Sindelar,  private ;  Elmer  A.  Stokke,  private ;  Harry  H.  Weeden, 
private;  Paul  R.  C.  White,  private;  Roy  S.  Williams,  private;  Earl  Wynne,  pri- 
vate ;  George  Zalusky,  private ;  John  P.  Dwyer,  private ;  Ernest  A.  Harris,  private. 

Governor  L.  B.  Hanna,  Commander-in-Chief,  Bismarck,  N.  D.;  Brig.-Gen. 
T.  H.  Tharalson,  Adjutant-General,  Bismarck,  N.  D. ;  Col.  Frank  P.  Allen,  Chief 
of  Supplies,  Lisbon,  N.  D. ;  Col.  H.  R.  Bitzing,  Judge  Advocate-General,  Man- 
dan,  N.  D. 

FIRST    REGIMENT    INFAJJTRV,    NORTH    DAKOTA    NATIONAL    GUARD 

Col.  J.  H.  Fraine,  Mercedes,  Tex. ;  Lieut.-Col.  G.  C.  Grafton,  Mercedes,  Tex. ; 
Maj.  Danna  Wright,  Mercedes  Tex.;  Maj.  F.  S.  Henry,  Mercedes,  Tex.;  Maj. 
G.  A.  Eraser,  Mercedes,  Tex.;  Capt.  T.  S.  Henry,  Capt.-Adjt.,  Mercedes,  Tex.; 
1st  Lieut.  J.  W.  Murphy,  Batt.-Adjt.,  Mercedes,  Tex. ;  1st  Lieut.  H.  H.  Hamilton, 
Batt.-Adjt.,  Mercedes,  Tex.;  ist  Lieut.  L.  R.  Baird,  Batt.-Adjt.,  Mercedes, 
Tex.;  2d  Lieut.  I.  V.  Metzger,  Batt.-Q.  M.,  Mercedes,  Tex.;  2d  Lieut.  J.  D. 
Prentice,  Batt.-Q.  M.,  Mercedes,  Tex.;  2d  Lieut.  John  Graham,  Batt.-Q.  M., 
Mercedes,  Tex. ;  ist  Lieut.  Moultrie,  Qiaplain,  Mercedes,  Tex. ;  Capt.  A.  B. 
Welch,  commanding  Company  A,  Mercedes,  Tex. ;  ist  Lieut.  F.  D.  Graham, 
Mercedes,  Tex. ;  2d  Lieut.  Ward  L.  Preston,  Mercedes,  Tex. 

COMPANY  E 

Capt.  G.  A.  M.  Anderson,  Mercedes,  Tex.;  ist  Lieut.  R.  C.  Colley,  Mer- 
cedes. Tex. ;  2d  Lieut.  R.  Hill,  Mercedes,  Tex. 

COMPANY  c 

Capt.  M.  H.  Sprague,  Mercedes,  Tex. ;  ist  Lieut.  G.  Ofstedahl,  Mercedes, 
Tex. :  2d  Lieut.  W.  K.  Truemann,  Mercedes,  Tex. 

COMPANY  D 

Capt.  F.  M  Wheelon,  Mercedes,  Tex. ;  1st  Lieut.  F.  O.  Gross,  Mercedes, 
Tex. ;  2d  Lieut.  A.  E.  Whitney,  Mercedes,  Tex. 


584  HISTORY  OF  NORTH  DAKOTA 

COMPANY  E 

Capt.  H.  R.  Evans,  Mercedes,  Tex.;  ist  Lieut.  E.  W.  Jefi'ry,  Mercedes,  Tex.; 
2d  Lieut.  W.  W.  Jeffry,  Mercedes,  Tex. 

COMP.\NY  F 

Capt.  G.  L  Solum,  Mercedes,  Tex.;  ist  Lieut.  V.  J.  Malarvie,  Mercedes,  Tex.; 
2d  Lieut.  Robt.  Wilson,  Mercedes,  Tex. 

COMPANY  G 

Capt.  D.  S.  Richy,  Mercedes,  Tex. ;  1st  Lieut.  Milton  ]\Iason,  Mercedes,  Tex. ; 
2d  Lieut.  Fay  Ross,  Mercedes,  Tex.' 

COMPANY  H 

Capt.  James  V.  Gray,  Mercedes,  Tex.;   1st  Lieut.  Calvin   Smith,   Mercedes, 
Tex. ;  2d  Lieut.  Alex.  Steinbach,  Mercedes,  Tex. 

COMPANY  I 

Capt.  T.  J.  Thomsen,  Mercedes,  Tex.;  ist  Lieut.  C.  M.  Ulsacker,  Mercedes, 
Tex. ;  2d  Lieut.  Leo  Dominick,  Mercedes,  Tex. 

COMPANY   K 

Capt.  C.  M.  Barker,  Mercedes,  Tex.;  ist  Lieut.  Dean  Wiley,  Mercedes,  Tex.; 
2d  Lieut.  Albert  Bohoneck,  Mercedes,  Tex. 


COMPANY  L 


Capt.  B.  C.  Boyd,  Mercedes,  Tex.;  ist  Lieut.  B.  A.  Olson,  Mercedes,  Tex.; 
2d  Lieut.  Henry  Halvorson,  Mercedes,  Tex. 

COMPANY  M 

Capt.   (vacancy);  ist  Lieut.   O.   G.   Holm,  Mercedes,  Tex.;  2d  Lieut.  Fred 
Moore,  Mercedes,  Tex. 

M.    G.    COMPANY 

Capt.  L.  L.  Eckman,  Mercedes,  Tex.;  ist  Lieut.  B.  C.  Mulick,  Mercedes,  Tex. 

HOSPITAL   CORPS 

Maj.  T.  C.  Patterson,  Mercedes,  Tex. ;  Capt.  Neal  McLean,  Mercedes,  Tex. 
The  First  Regiment  of  North  Dakota  was  organized  January  31,  1885,  under 


HISTORY  OF  NORTH  DAKOTA  58.5- 

the  Territory  of  Dakota.  The  National  Guard  of  North  Dakota  was  reorganized 
under  Governor  John  Miller,  first  governor  of  North  Dakota,  in  1889,  and  was 
designated  as  the  First  Regiment,  North  Dakota  National  Guard,  Gen.  W.  H. 
Topping,  Adjutant-General,  and  Col.  A.  P.  Peake,  Commanding  First  Regiment. 

This  regiment  remained  so  until  the  Spanish-American  war,  when  two  bat- 
talions with  Col.  W.  C.  Truemann  commanding,  was  mustered  into  service  of 
the  United  States  as  the  First  North  Dakota  Voluntary  Infantry,  April  26,  1898. 
This  regiment  served  in  the  Philippines  under  Gen.  S.  Overshine  and  Gen.  Henry 
W.  Lawton,  United  States  army,  taking  part  in  some  thirty  engagements  and 
skirmishes  in  and  around  jManila,  P.  I.  This  regiment  returned  to  the  United 
States  and  was  mustered  out  of  service  September  22,  1899. 

It  again  was  organized  as  the  First  Regiment  of  Infantry  of  North  Dakota, 
and  under  the  Dick  Bill,  as  the  First  Regiment  of  Infantry  of  the  Organized 
Militia  of  the  United  States,  and  as  such  they  were  mustered  into  the  service  of 
the  United  States  at  Fort  Lincoln  on  June  30.  1916,  as  the  First  North  Dakota 
Regiment,  Col.  John  H.  Fraine,  commanding.  This  regiment  is  now  serving  in 
the  Southern  Department  of  Texas  and  is  stationed  at  Mercedes,  Tex. 

The  National  Guard  consists  of  the  First  Regiment  of  Infantry,  which  con- 
stitutes the  field  and  stafif,  band,  twelve  companies,  Machine  Gun  Company  and 
Sanitary  Detachment,  Medical  Corps. 


CHAPTER  XXXVIII 

THE  REVOLUTION  IN  NORTH  DAKOTA 

The  general  election  in  North  Dakota  in  1916  may  properly  be  styled  a  revo- 
lution. It  was  full  of  surprises  and  the  causes  leading  up  to  it  should  go  into 
the  history  of  the  state.  A  former  revolution,  when  the  populists  gained  control, 
came  from  the  fear  of  so-called  bosses  and  the  domination  of  corporate  influences. 
It  was  gained  through  the  Farmers'  Alliance,  whose  organizers  visited  all  por- 
tions of  the  state,  organizing  at  one  point  in  the  morning,  at  another  in  the  fore- 
noon, others  at  midday,  in  the  afternoon,  in  the  evening,  and  late  at  night.  Their 
work  being  in  secret  there  was  no  opportunity  to  refute  or  explain  the  allegation 
which  set  the  hearts  of  the  farmers  aflame,  and  led  to  distrust  of  the  party  in 
power.  The  fact  that  the  affairs  of  the  state  had  been  properly  administered  and 
that  the  railroads,  against  whom  their  shafts  were  directed,  had  reason  to  encour- 
age and  none  to  destroy  or  retard  their  prosperity,  was  ignored.  Control  of  the 
state  government  was  their  purpose,  and  it  was  accomplished.  The  revolution 
was  quite  as  complete  as  in  1916.  There  was  then  no  charge  of  corruption;  it 
Avas  an  uprising  of  a  class  to  gain  measures  of  protection  they  deemed  essential. 

THE  NONPARTIS.^N  LE.\GUE 

In  the  legislative  assembly  of  1914  there  was  a  determined  movement  on 
the  part  of  the  farmers  to  secure  a  large  appropriation  from  the  state  for  a 
state  owned  and  operated  terminal  elevator  at  St.  Paul.  Delegations  of  farmers 
from  all  over  the  state,  under  the  leadership  of  George  S.  Loftus  of  St.  Paul, 
who  had  been  from  1912  the  sales  manager  for  the  Equity  Exchange  at  St. 
Paul,  labored  with  might  and  main  to  induce  the  Legislature  to  make  the  appro- 
priation. The  refusal  of  the  Legislature  to  accede  to  the  wishes  of  the  farmers, 
was  the  primary  Cause  of  the  revolution  which  has  taken  place  in  the  political 
history  of  the  state. 

The  Board  of  Control  of  the  State,  by  direction  of  Governor  Hanna,  had 
investigated  the  provincial  owned  elevators  in  Manitoba  and  in  Canada,  and  re- 
ported to  the  Legislature  that  these  elevators  had  been  operated  at  a  loss,  and 
had  been  of  no  substantial  benefit  to  the  farmers  of  that  dominion  in  the  regu- 
lating of  grades,  or  in  obtaining  higher  prices  for  their  grain,  and  that  it  would 
be  unwise  for  the  state  to  appropriate  for  the  construction  of  a  terminal  elevator 
to  be  operated  by  officers  of  the  state,  as  it  would  certainly  prove  a  bad  invest- 
ment of  state  funds.  That  it  could  in  no  wise  control  the  grading  or  inspection 
of  wheat,  and  would  be  without  influence  in  fixing  the  price  of  grain.  That  the 
grade  law  of  supply  and  demand  was  the  controlling  factor,  and  prices  were 

586 


HISTORY  OF  NORTH  DAKOTA  587 

always  regulated  by  the  surplus  over  home  consumption,  which  was  shipped  to 
foreign  countries,  determined  in  a  large  degree  the  price. 

This  report  had  much  to  do  with  the  action  of  the  Legislature.  The  report 
did  not,  however,  convince  the  farmers.  They  felt  that  through  mixing  of  wheat 
and  in  other  ways  they  were  not  getting  the  grade  their  wheat  was  to  receive 
from  the  Millers'  Association  at  Minneapolis,  and  the  great  elevator  companies 
in  Duluth,  St.  Paul,  Minneapolis  and  Chicago,  and  the  only  way  in  which  they 
could  get  proper  inspection  and  grading  of  their  grain,  and  a  price  according  to 
its  quality  was  to  have  their  own  terminal  elevator. 

In  the  fall  of  1914  Mr.  A.  C.  Townley,  now  president  of  the  Farmers'  Non- 
partisan League,  and  the  most  prominent  man  in  its  organization,  began  his  plan 
of  campaign  and  entered  actively  upon  the  forming  of  what  is  now  known  as 
the  Farmers'  Nonpartisan  League.  In  this  work  he  had  the  active  cooperation 
of  a  Mr.  Russell,  a  writer  for  the  Pearsons  Magazine.  The  plan  of  organization 
was  the  creating  of  an  executive  committee  of  five,  who  were  to  outline  the 
policy  and  the  work  of  the  league.  They  put  organizers  and  speakers  into  the 
field  with  the  program  of  what  they  expected  to  accomplish  in  the  way  of  legisla- 
tion in  1917. 

They  were  to  obtain  members  of  the  farmers'  organization  who  would  pledge 
themselves  to  favor  the  nomination  and  election  of  members  of  the  Legislature, 
pledged  to  work  out  a  different  system  of  grain  grading  and  inspection,  and 
would  favor  the  building  of  a  state  controlled  and  operated  terminal  elevator, 
state  hail  insurance,  state  owned  and  operated  mills,  factories  and  packing  houses. 
Each  farmer  who  became  a  member  of  the  league  was  to  receive  for  a  year  a 
copy  of  Pearsons  Magazine,  and  a  weekly  newspaper  called  The  Non  Partisan 
Leader,  which  they  started  in  Fargo,  with  one  David  C.  Coates  of  Spokane, 
Wash.,  as  the  editor. 

The  organization  moved  forward  by  leaps  and  bounds  and  prior  to  the  June 
primaries,  they  claimed  to  have  enrolled  as  members  of  the  organization  from 
t'nirty-six  to  forty  thousand  farmers,  thirty  thousand  of  whom  had  theretofore 
been  identified  with  the  republican  party  in  the  state,  and  from  six  to  eight  thou- 
sand of  whom  had  been  identified  with  the  socialist  and  democratic  parties  in 
the  state. 

In  the  fall  of  1915  and  in  the  spring  and  summer  of  1916  they  had  perfected 
their  organization  in  practically  every  county  in  the  state.  The  executive  com- 
mittee arranged  a  large  number  of  what  they  called  picnics  held  in  each  legisla- 
tive district  of  the  state;  they  called  upon  these  district  organizations  to  send 
delegates  to  a  state  meeting  to  be  held  in  Fargo  the  last  of  March,  or  about  the 
first  of  April,  1916.  This  convention  was  very  largely  attended  by  farmers 
representing  every  section  of  the  state.  They  decided  to  put  no  farmers' 
ticket  as  such  in  the  field,  but  to  nominate  a  state  ticket  as  republicans,  headed 
by  Lynn  J.  Frazier  of  Pembina  County  for  governor.  They  did  endorse  one 
democrat  by  the  name  of  Casey  for  state  treasurer,  and  then  proceeded  to  name 
state  senators  and  state  representatives  from  every  senatorial  and  legislative 
district.  A  very  large  proportion  of  these  nominees  had  theretofore  been  affi- 
liated with  the  republican  party,  and  were  endorsed  as  republicans. 

Under  a  state  law  the  voters  of  the  state  are  registered  by  the  assessors.  Each 
man  must  declare  his  party  affiliation  and  he  must  vote  in  the  primary  election 


588  HISTORY  OF  NORTH  DAKOTA 

the  ticket  that  he  declares  for,  and  to  carry  out  their  plans  some  eight  thousand 
or  more  democrats  and  socialists  registered  as  republicans  that  they  might  vote 
for  the  ticket  named  by  the  Non  Partisan  League. 

'In  the  June  primaries  the  entire  state  ticket  as  named  by  the  convention  was 
nominated,  and  in  the  election  on  November  "th,  were  elected,  excepting  the 
democrat,  Casey,  for  state  treasurer,  who  was  defeated  by  the  republican  candi- 
date, Steen,  by  a  small  majority. 

The  league  officers  took  no  stand  on  national  candidates  for  president  or 
senators  or  congressmen.  They  left  that  to  the  individual  judgment  of  the  re- 
publicans. The  great  work  in  Congress  for  national  inspection  by  Senator  Porter 
J.  McCumber  was  favorable  to  his  election.  The  republican  candidates  for  Con- 
gress were  also  elected. 

The  essential  purpose  claimed  by  the  officers  of  the  league  is  to  prevent  the 
acquisition  of  enormous  fortunes  by  persons  who  make  no  adequate  return  for 
them  and  to  make  easier  and  pleasanter  the  lot  of  the  actual  toiler  in  every 
legitimate  field  of  endeavor. 

Their  program  appears  to  include  the  public  ownership  of  everything  that 
enters  into  the  business  of  production  and  distribution.  Whether  the  state  is 
to  become  a  great  social  and  business  organization  with  the  activities  of  all  its 
members  directly  under  its  control  remains  to  be  demonstrated.  Presumably  the 
power  placed  in  their  hands  by  an  intelligent  and  confiding  people  will  be  wisely 
used. 


INDEX 


Action,   The,   from  the   American   view- 
point     122 

from  the  English  viewpoint 123 

Adoption  of  flag  announced 67 

state  constitution  410 

African  slave  trade 130 

After  the  battle 210 

the  war  125 

the  Redwood  Agency  Massacre 194 

Agitation  for  Homestead  Law 260 

Ali-kee-pah's  rebuke I9S 

Albright,  Samuel  J 211 

Alcohol  in  the  Indian  trade 176 

Algonquins,  The   9 

All  drunk,  including  children 27 

whites  at  agency  killed 194 

AUin,  Roger,  administration  of 419 

Alone    Man 251 

Amendments  to  constitution 411 

to  prohibition  law 464 

American  flag  raised 79i  141 

Fur  Company   9°.  520 

gunnery  superior  126 

Missionary  Board  237 

squadron  and  its  armament 121 

Amherst,  Major-General  Jeffrey 13 

Amidon,  Judge  Charles  F 439,  440.  44' 

Anarchy  and  hostility 50 

Anawangomane,   Simon    239 

Ancient  ceremonies  neglected 45 

Anderson,  James   ("Robinson  Crusoe").  229 

Annual  steamboat.  The 169 

Annuities  refused   163 

to  Indians   102 

Apple    Creek    . . . '. 294 

Apportionment  of  legislative  representa- 
tion    272,  399 

Appropriations  for  state  schools  veoted.  419 
Arikara  lodge  described 61 

villages  60,  156 

Arikaras,  The   21,     84 

friendly  to  Lewis  and  Clark 158 

tender-hearted    62 

Aristocracy  of  the  plains 146 

Arizona  and  Colorado  bills 260 

Armstrong,  Moses  K 223,  379 

Arrest  of  N.-W.  Co.  agents 96 

o 


Articles  given  to  Indians  taking  credit.     28 
of  association  of  the  Red  River  Val- 
ley Old  Settlers'  Association 354 

of  Treaty  of  Ghent 128 

Ash,   Henry  C 222 

Ash  Hollow,  Battle  of 210 

Ashley,  General   155 

Assemble  at  St.  Louis 139 

Assiniboine,  first  steamer  above  the  Yel- 
lowstone      169 

Assiniboine  River   19 

Astor,  John  Jacob 90 

At  Lake  Traverse 142 

At  Old  Pembina 103 

Atrocities  of  the  Sioux 199 

Attack  on  Fort  Abercrombie 197 

Fort  Ridgeley  196 

New  Ulm  196 

Attempted  bribery 27 

Audubon,  John  James 167 

Average  speed  of  boats 1 70 

Baby  "buried"  alive 179 

Banks  in  i88g,  capital  and  resources....   534 
national,     officers,     capital,     resources, 

etc.,  1916 536 

of  Dakota  Territory,  1889 334 

(state)   abstract  of  statements,   1916..   535 

Banquet  on  the  boat 170 

Bar  Association  of  North  Dakota. .  .456-  460 
Barbarians  less  dangerous  than  Indians.    118 

Barber,  Amherst  W 242 

Barclay,  Captain  R.  H 121 

Barnes  county    511 

Barnwell,  Colonel  John 12 

Barricade  against  buffalo 33 

Bartholomew,   Joseph    M 450 

Battlefield,  an  old 83 

Battle  at  the  Ferry 194 

of  Birch  Coulee 198 

of  Big  Meadow  504 

of  Big  Mound 286 

of  Blue  Water  or  Ash  Hollow 21a 

of  Fort  McKenzie    171 

of  Kildeer  Mountain   291 

of  Lake  Erie   (verse) 119 

of  the  Little  Missouri 298 

89 


590 


INDEX 


Battle  of  the  Mackinaw 288 

of  Red  Buttes 299 

of  Stony  Lake   287 

of  Thames  River Iii 

of  Tippecanoe no-  116 

of  White  Stone  Hills 289 

of  Wood  Lake 199 

Battleship  Nortli  Dakota  launched 427 

Bear  Rib  suffers  the  penalty 183 

Bears,  Beaver,  Buffalo,  Deer 20 

Beauregard,   General    25 

Beautiful   Northern   Lights 69 

Beaver  and  buffalo 16 

skins  basis  of  values 28 

swan,  elk  or  deer  for  supper? 78 

Beginning  of  outbreak 193 

Belcourt,  Father 229 

Belknap,    W.    W.,    U.    S.    Secretary    of 

War 89,  309,  484,  493 

Bennett,  Granville  G 379,  437 

Berthold  Indians  84 

Bible  translated  into  "Dakota" 237 

Big  Foot's   band 251 

Bighorn  country    261 

Big  Meadow,  battle  of 504 

Sioux  county  organized 213 

Stone  Lake 142,  240 

Billings,  Hon.  Frederick 483 

Birdzell,  L.  E 455 

Bismarck  Academy  516 

chosen  as  new  capital  of  territory 367 

Ladies'  Historical  Society 525 

located  327 

made  state  capital 400-403 

named 327,  492 

postoffice  491-494 

Tribune 41,  312,  474,  477,  482 

Black  Cat  and  his  flag 63,  81 

Blackfeet  outrage  unpunished 158 

Black  gowns,  prophets  and 245 

Black  Hills  expedition 308 

Black  Hills,  gold  in 484 

mineral  wealth  277 

Blacksmiths  paid  $300  per  annum 151 

Black  Snake  Hills 159 

Blakely,  Captain  Russell 347 

"Blind  Pigs" ■. 463,  473 

Bliss,  Judge  273 

Blizzard  in  1873 254 

"Blizzard  in  the  Shins" 254 

Blue  Earth  county 261 

Blue  Sky  Law 428 

Board  of  regents 430 

Boarding  school  established 240 

Boat  and  cargo  seized 182 

Bodies  of  dead  mutilated 305 

Bodmer,  Charles,  artist 173 


Boiler,  Henry  179. 

Bonded  indebtedness  of  state 429 

Bonds  issued  by  state  institutions  held  il- 
legal     421 

Bonga,  Pierre  131 

Bones  shipped  by  trainload 34 

Bon  Homme  settlement 215 

Bonus  for  first  steamboat 347 

"Bootlegging"   431,  464,  473 

Border  wars.  The 8 

Bottineau,  Charles 520 

Bottineau  county 519,  520 

Bottineau,  Pierre  483 

Boundaries  settled 56 

Boundary  expedition,  Long's 141 

ignored   89 

Bounty  for  Indian  scalps 13 

Bourgade,  or  stockade  village,  The 10 

Bourgeois  19 

Braddock's  defeat  13 

Bradley,  Lieutenant  John 156 

Brainerd,  Minn.,  selected  for  crossing...  327 

Bramble,  Downer  T 222 

Brander,  Robert 521 

Briggs,  Frank  A.  administration  of 420 

Brisbin,  Major  J.  S 311 

Bristol  county,  Mass 6 

British  evacuate  New  York 25 

flag,  facts  about 23 

would      prevent      Indians      becoming 

Americanized 148 

Brown,  Samuel  J 188 

Bruce,  Andrew  A 455 

Brule  Bottom   171 

Budge's  tavern  487 

Budget  presented 429 

Buffalo  and  beaver 16 

and  deer  on  all  sides 26 

Bill  250 

drowned 33 

hunts 34,  499 

Republic,  The 32,  36 

skins  make  many  articles 32 

the  hunter 42 

wantonly  destroyed 147 

Building  the  fleet 120 

Built  at  Louisville,  Ky 169 

Burdick,  R.  Carlisle 261 

Buried  at  sea 125 

Burke,  Andrew  H.,  administration  of. . . .  417 

Burke,  Edward  T 45s 

Burke,  Hon.  John 424,  486 

Burleigh  county  516 

county  pioneers.  The 524 

Burleigh,  Dr.  Walter  A....  166,  284,  378,  483 

Burnham,  Capt.  J.  W 292 

Burn  their  witches 105 


INDEX 


591 


Cadotte,  Augustine  44 

Cadotte,  Jean  Baptiste 31 

"Call  of  the  Wild,"  The vii 

Cameron,  John  43 

Campbell,  S.  S 296 

Camp  Green  330,  333 

Camps  in  Bad  Lands 86 

Canadian  line  crossed 506 

Pacific  railway  349 

Canadians  celebrate  July  4 519 

Canfield,  Thomas  H 326 

Canoe  and  pony  only  means  of  communi- 
cation       y7 

service,  The 93 

Capital  and  resources,  banks,  1889 534 

Capital  commission,  attempt  to  oust  from 
office 367 

chosen   366 

Capital  of  state,  location  of 400,  403 

Capital  of  territory  removed  from  Yank- 
ton      366 

Capital,  resources,  etc.,  national  banks  of 

N.  D.  1916 536 

Capitol,  north  wing  constructed 421 

reconstruction  of  423 

Captain  Clark  made  brigadier-general...     72 

Captain  Marsh  to  relief 194 

Captives    240 

surrendered   202 

Captured  ships  valued  at  $225,000 124 

Caring  for  the  meat 35 

Carland,  Judge  John  E 389 

Garland,  Major  John 236 

Carleton  City 330 

Carlisle  barracks   209 

Carmody,  John  452 

Carnahan,  John  M 311 

Carolinas,  The,  in  slave  trade 133 

Carpenters  paid  $300  per  annum 151 

(Harrington,  Colonel 302 

Cartier,  Jacques  10 

Cart  line — Pembina  to  St.  Paul 502 

Casey,  Lyman  R 415,  419,  433 

Cass  county 510 

Cass,  George  W 328,  483 

Castlereagh,  Robert  S 114 

Caterpillar  tractors  140 

Cavileer,  Charles  225,  253,  483 

reminiscences  of  487,  491 

Cedar  post  1 59 

Ceded  land  in  Dakota 220 

Celebration  of  Perry's  victory  in  1913...   127 
Census  agents  of  Dakota 271 

authorized  370,  384 

of  i860 218 

of  1880 335 

Centennial  celebration,  1913 127 

Chaboillez,  Charles  Baptiste 31 


Champlain,  Samuel : . . .  & 

Change  in  managers 49 

Chapter  apart,  A 112 

Charbonneau,  Etienne 44 

Chardon  and  Harvey 174 

Charles  I   24 

Charles  II  17,  24 

Charlo  29 

Chaska  gives  warning 199 

Cheney,   P.  B 328 

Cherokee  war  of  1761 13 

Cheyennes,  The   21 

Chief  justice  of  state,  method  of  choos- 
ing   444,  447 

Chief  Porcupine's  son  murdered 50 

uses  turkey-feather  fan 143 

Wanaton  of  the  Yanktons 142 

Washakie   74 

Chiefs  at  Mandan  villages 63 

Chicago  and  St.  Louis  unimportant  fron- 
tier villages  77 

Chicago  river 54 

Cliippevvas  at  Pembina 150 

Chittenden's  "History  of  American  Fur 

Trade"    169 

Cholera  in  1845 181 

Choteau  creek 271 

Chouteau,  Auguste  152,  321 

Chouteau,  Pierre  76- 

Christianizing  the  Dakotas 237 

Christianson,  A.  M 455 

Church  and  schools  established 97 

of  the  scouts 241 

Citizens  killed 202,  644 

Civil  procedure,  reform  of 459 

Claims    against    the    Med-a-wa-kan-toan 

band  190 

against  the  Wa-pa-koo-ta   band igO' 

of  the  traders.  The 189 

Clark  aids  Indians 69 

Clark,  William    59,  321 

Clerk  of  supreme  court,  duties  of 445 

Cleveland,  President,  signs  bill  admitting 

North  and  South  Dakota 371 

Close  of  constitutional  convention 410 

Coast  guard  flag ()^ 

Cochrane,  John  M 453 

Codes  of  North  Dakota,  origin  of 

437,  439,  440 

Cody,  William  F 34,  250 

Coffee  substituted  for  whiskey 178 

Colter  and  Fink,  character  sketches 164 

Columbia  Fur  Co 142,  163 

"Columbia,  the  Gem  of  the  Ocean" 125 

Columbus  in  slave  trade 132 

Commissions  of   1891   and  1893  to  com- 
pile laws  441 

Committee  of  the  whole 391 


592 


INDEX 


Compiled  laws  of  1887 439 

of  1913   443 

Comstock,  William,  dispute's  Cody's  right 

to  "Buffalo  Bill" 34 

Conditions  at  Fort  Ridgeley 195 

on  the  frontier  in  1805 T7 

Conflicts  due  to  fur  trade IS 

Congress  authorizes  new  frigates 119 

for  navy  building 117 

on  fur  trade 91 

passed  drastic  law  in  1834 175 

prohibits  liquors  I75 

Congressional  inquiry 140 

Conquest  of  the  Sioux 2^ 

Consolidation  of  N.-W.  and  X.  Y 46 

Constitutional  convention  371 

members  and  officers  of 384,  388 

organization  of  388 

work  of  392,  410 

Constitution  of  North  Dakota,  character 

of    409 

provisions  that  had  to  be  embodied  in.   384 

Construction  of  Kansas  Pacific  Ry 34 

Contagion  spreads i79 

Contracts  with  the  "Lords  of  the  For- 
ests"       28 

Conventions    favor    admission    of    terri- 
tory   368,  375 

Cook,  Capt.  James 57 

Cooke,  Jay  &  Co 328 

Cooley,  Judge  408 

Coons  are  fat 26 

Cooper  shop  at  Pembina 42 

Corbeau  (crow)   28 

Cordelle,  The  160 

Corliss,  Judge   449,  45' 

Cornwallis,  Lord  Charles   14 

Corporations   399 

Correspondence,  The  secret 115 

Corse,  Gen.  John  M 36 

Cost  of  outbi  eak  to  Indians 203 

outbreak  to  settlers 203 

war,  seventy  millions 15 

Coues,  Dr.  Elliot 18 

Counties,  created  . .  . .' 486 

names  of   483,  486 

Country  overrun  with  traders 89 

without  laws   181 

County  court  system 397 

local  option  law,  1887 461 

Courts  uphold  prohibition 465,  467 

Craig  ranch,  old 296 

Crebasse,  John 44 

Credit  system  illustrated 162 

Creeks  or  Seminoles T4 

Crees  and  Assiniboines  start  trouble 81 

Cresap,  Colonel   S 

Criminal  code  437 


Crooked  legs  28 

Crooks,  Ramsey 159 

Crow  creek   ■ 242 

Crow  Wing  battles 21 

postal  route  489 

Crozat,  Antoine   152 

Culbertson's  journal  173 

Culture,  initiative  of 237 

Cumming,  Sir  Alexander 12 

Curly,  Crow  scout 311 

Current  of  the  Missouri 60 

Curtis,  William  E 308 

Custer  massacre   307,  310 

Custom  house.  The 225 

Cutting  and  melting  bear's  fat 26 

Daily  Argus 478 

Dakota  bills.  The 259 

history 278 

Land  Company  (1857) 211 

as  created 261 

christened  212 

in  civil  and  Indian  wars 282 

organized    271 

Indian  affairs 279 

pioneers  220 

prior  to  1861 230 

Presbytery   240 

settlement  retarded  188 

territory    259 

organized    365 

proclaimed   217 

Dakotas  reasonable  beings 62 

Dakotian,  The 278 

Dalrymple,  Oliver 328 

Dalrymple  farms 328,  510 

Dangers  in  Indian  country 507 

Daniels,  Jared  W 502 

Daniels,  Lieut.  N.  H 303 

Davis,  JefTerson,  secretary  of  war 325 

Dead  Man's  creek 156 

Death  of  Captain  Lewis 71 

Lieutenant  Beaver  287 

Deaths  among  the  beaver 22 

Debatable  land.  The 143 

Deck  hands  work  night  and  day 170 

Dedication    v 

Deer,  buffalo,  beaver,  bear 20 

Delayed  payment  causes  trouble 192 

Delegate  to  congress 275 

Delegates  to  constitutional  convention...  384 

nativity  of   388 

politics  of 388 

De  Lorme  house ..." 43 

de  Molin,  Francis 234 

de  ]\Iontfort,  Simon 23 

Deschamp  family.  The 181 

Description  of  hold  of  a  slaver 135 


INDEX 


59:1 


De  Smet,  Father   246 

De  Soto    14 

a  slaver  186 

Determine  to  build  post 21 

de  Verrazno,  Giovanni 17 

Devils  Lake  ■■  20 

Devine,  Joseph  AI 420 

Dewey,  Mrs.  Admiral 307 

Diabolical  torture 6 

Diary  of  Mr.  Campbell 296 

Dickey,  Hon.  Alfred 483 

Dickson,  Robert i59 

Die  of  scurvy 140 

Difficult  to  secure  liquors 168 

Discovery  and  acquisition 53 

Disposition  of  troops  for  the  winter 210 

Distillery  at  Fort  Union 175 

Distribution  of  slaves,  1790  census 133 

Diverted  to  Rocky  Mountains 140 

Division  and  admission  of  Dakota  Terri- 
tory before  Congress 366,  368,  370 

of  the  American  Fur  Company 164 

of  territorial  property 391 

Dixon,  Dr.  Joseph 253 

Dobbins,  Capt.  David 120 

Dog  meat,  a  dainty  dish 142 

served  at  feast 142 

sledges  and  snow  shoes 43 

sledges  and  travois 143 

Donan,  "Pat" 482 

"Don't  give  up  the  ship" 128 

Dourine    430 

Drawing  the  line .... ." 108 

Drinking  water  scarce 46 

Dripps,  Capt.  James 246 

Dr.  Porter's  story 318 

"Druggists    Permits"    464 

Duford,  Joseph 44 

Durant,  Blakely 496,  498 

Dutch  in  slave  trade 132 

Earl  of  Leicester 23 

Flarly  exploring  expeditions 139 

Indian  treaties   321 

settlers  at  Spirit  Lake 240 

traders  and  settlers 149 

trading  posts   30,  154 

traffic  on  Red  river 51 

East  bitterly  opposed 59 

Edgerton,  Judge 367 

Edmunds,  Governor  322 

Edwards,  A.  \V 477 

Edwards,  Ninian   321 

Edward  III  23 

Edwinton  (Bismarck)    327 

Eight  belts  of  wampum 11 

Election   of   delegates   for   constitutional 

convention    384 

Vol.  1—38 


Election  of  presidential  electors  provided 

for    417 

precincts,  1861  272 

Eleventh  toast.  The 66 

Elkhorn  prairie  . . .  .■ 37 

Elk   Valley   farm 509 

Elliott,  Lieut.  Jesse  D 121 

EUijwortli,  Colonel 494 

Ellsworth,  S.  E 455 

Elm  river   329 

Embarkation,  The  ig 

F^mbargo,  The 114 

Employes  at  Fort  Pembina,  around  1801 .  43 
Enabling  act  required  before  admission 

of  new  state 383 

Engerud,  Edward 454 

English  capture  Quebec 8 

goods  sold  without  pa\-ment  of  duties. .  47 

squadron  and  its  armament 121 

Entertained  by  Chief  Wanaton 142 

Entire  villages  exposed 179 

Entries,  date  of 228 

Epidemic  among  the  beaver 22 

Epworth  League 547 

Erection  of  new  university  buildings....  553 

Erie  squadron's  slow  decline 127 

Europe  surprised  118 

Every  package  broken,  every  bale  pierced  177 

Eviction  of  Scotch  Highlanders 94 

Evolution  of  British  flag 23 

Executive  department   414 

Exhibit  at  Christiania,  Norway 428 

at  Panama  Pacific  International  Expo- 
sition     427 

Expedition  of  Major  Woods 146 

Expenditures  of  constitutional  convention  403 

Experimental  station   428 

P'-xtending  the  frontier 7 

Extent  and  value  of  fur  trade 143 

Extension  of  Northern  Pacific  west  from 

Fargo 333 

Extensive  corn  fields 82 

Failure  of  Nortliern  Pacific 333 

Family  killed,  daughter  prisoner 51 

Fancher,  Frederick  B 388,  420 

Fargo  and  capital  location 400 

&  Southwestern  in  1880 334 

Express  published  476 

F"orum  478 

founded 365 

located 327 

platted  476 

Republican  478 

Farmers  Alliance 417 

Farm,  first  in  Red  river  valley 230 

Farms,  large 509-511 

Far  West,  The,  arrives 311 

Fat  four  inches  thick 22 


594 


INDEX 


Fathers  slew  children i8o 

Fathom  of  tobacco,  A 19 

Fur  trade  causes  trouble i6 

investigated   141 

Feasted  by  Wahpetons 1+2 

Fetterman,  Lieutenant  Colonel 301 

Fidelity  of  friendly  Indians 198 

Field,  David  Dudley 438 

Fifteen  million  dollars 56 

"Fighting  tanks" 140 

Files    introduced    in    constitutional    con- 
vention      392 

Fink,  Mickie,  outlavv' 165 

Finances  of  North  Dakota  in  1889 414 

"Fireboat  that  walks  on  the  water" 140 

Fire  on  steamer 1 73 

passes  around  baby 63 

First  American  flag  in  North  Dakota. ...     64 

cabin  home 221 

child  born 42 

Dakota  newspaper 207 

Dakota  postoflfices   218 

Dakota  printing  press 207 

domestic  fowl  42 

election  ordered,   1861 272 

family  names 47 

farming.  The 41 

flag  floated  in  North  Dakota 23 

flour  mill 229 

flow  of  human  blood 4 

general  conference 243 

homestead  in  North  Dakota 485 

Indian  convert 7i 

Indian  corn   4' 

in  education — first  schoolhouse 215 

judges  of  state  supreme  court 445 

land  entry 224 

land  office 224 

legislative  assembly 276 

legislature,  work  of 4'6 

legislature  in  Minnesota 229 

Methodist  church 539 

newspaper  in  state 474 

newspaper  in  Red  river  valley 476 

organized  settlement  in  South  Dakota. .  211 

rail  laid  in  North  Dakota 327 

Seminole  war  i,i 

state  officers  elected 4'° 

steamboat  on  the  Missouri 140 

surveys  in  Dakota 223 

term  of  court,  1861 273 

trading  posts  8 

Union  Jack 23 

United    States    senators    from    North 

Dakota 415 

white  child  born 42 

white  farmer 41 

Fisher's  Landing 349 


Fisk,  Charles  J 299,  452 

Fitch,  Graham  A 259 

Five  hundred  dollars  a  month  for  buffalo 

meat  supply  34 

thousand  buffalo  killed 38 

Fixed  stars 25 

Flag  changed  by  law 67 

first  raised  at  New  Orleans 57 

first  seen  abroad 66 

of  American  colonies 25 

of  Confederacy 25 

symbols  256 

Flagstaff  erected 23 

seventy-five  feet  without  splicing 46 

Flags,  various  United  States 65 

Flandrau,  Judge  C.  E 196,  21 1,  502 

Flatmouth  20,  78 

Flemming,  H.  B 208 

Fletcher,  J.  E.,  Indian  agent 147 

F'loods  in  Missouri  river 372 

Florida  ceded  to  United  States 15 

Flour  fifty  cents  the  pound 78 

Foot  races  and  horse  racing 83 

Forbade  intermarriage,  etc 105 

Forgot  motlier  tongue 103 

Fort  Abercrombie 147,  188,  214,  2S4 

A.  Lincoln  established 332 

Assiniboine    169 

Benton 154,  171 

Berthold  157,  492 

Buford  34,  168 

burned  by  Indians 169 

Cass   154 

Clark   90,  159,  170 

Crevecoeur 54 

Daer 96 

destroyed  by  fire 167 

Douglas   96,  141 

Duquesne   13 

Frontenac 54 

George 164 

Harmar 108 

jNicKenzie  171 

Mandan 64 

Michilimackinac  152 

Mims  massacre 15 

Orleans  152 

Osage 90 

Panbian 40 

Patrick  Henry 100 

Piegan  170 

Pierre 30,  209,  239 

Randall  159,  214 

Ransom 254 

Recovery 159 

Reno   (Conner)    302 

Ridgeley   285 

Rosalie 152 


INDEX 


595 


Fort  St.  Anthony 8o 

St.  George  13 

St.  Louis 55 

Sackville 99 

Snelling 240 

Union   167,  298 

Vanderburg  158 

Waclsworth 36,  242 

William   91,  175 

Forty  years  without  law 166 

Founding  of  Sioux  Falls 211 

of  Pembina  40 

the  religious  press 243 

Four  hundred  and  twenty  bushels  pota- 
toes from  seven  bushels 41 

Fox,  Livingston  &  Co 164 

"Freemen"   49 

Freighter  grounded 151 

Fremont,  John  C 151,  238 

French  border  forts 9 

flag  run  up 54 

in  slave  trade 132 

traders 18 

Frontenac,  Comte  de 8 

Frontier  hardships 253 

Gaines  to  secretary  of  war 158 

Galbraith,  Thomas  J 188 

Galpin,  Maj.  Charles  E 209,  233 

Game  abundant   86 

on  Cannonball  river 63 

Georgetown 230,  360 

Gerard,  Frederic  F 234 

Gettysburg  anniversary  celebration 427 

Gibbons,  General  310 

Giff ord,  Oscar  S 380 

Gillam,  Capt.  Zachariah I" 

Godfrey,  Gen.  E.  S 311 

Gold  discovered  in  Black  Hills 308 

Goodman  Creek  60 

Goods  at  cost,  to  Indians 90 

Goose  river  the  limit 29 

Gore,  Mahlon  224 

Goss,  Evan  B 455 

Governor  and  settlers  killed 96 

Clark,    of     Missouri,     warns     General 

Harrison  ioq 

Jayne  285 

Miles  Macdonnell  arrested 95 

Governor's   message    (1862) 276 

Grace,  Mr 455 

Graft  in  the  Indian  trade 88,  492 

Grain  culture  begun 166 

Grand  Forks,  capital  aspirations  of.. 400,  403 

history  of  508 

visited    29 

county 508,  510 


Grand  Forks  Herald 478 

Plaindealer    477 

Grant,  Col.  James 13 

Orville 492 

President    308,  484,  493 

Granville,  Earl  of 349 

Grasshoppers 97,  253,  255,  350 

Gratis  articles  28 

Grattan,  Lieutenant 208 

Great  clamor  of  fighting  buffalo 33 

"Great  Doctor"  stabs  wife 28 

herds  of  buffalo 63 

Northern  R.  R 335 

Sioux  reservation 306 

Greenwood  agency   234 

Green,  Senator  John  S 260 

Griggs,  Capt.  Alexander 484 

Grizzly  bears  killed 26 

Gronna,  Asle  J 434 

Gros  Ventres,  The 21,  84 

Grow,  Galusha  A 260 

Gurley,  Rev.  James 538 

Hackensacks  attacked  by  Mohawks 187 

Hair  Hills 28 

Half  breeds 149,  498,  501 

Halsey,  Jacob  179 

Hamilton,  John  G.,  chief  clerk  of  consti- 
tutional convention  388 

Hanna,  Louis  B 435 

administration  of 426 

Hansborough,  Henry  C 425,  433 

Hardon,  Henry  W 394 

Harney's  expedition  209 

Harrison  and  Tecumseh 109 

Harrison,  Benjamin,  elected  president...   370 

Harrison,  General,  death  of 125 

Hart,  Col.  William  O 25 

Hazen,  Mrs.  Gen.  W.  B 307 

Helgesen,  Henry  T 436 

Heights  of  Abraham 25 

Hendrickson,  Robert,  sentence  of 468 

Henry  and  Lord  Liverpool 112 

Henry,  Alexander  18,  144,  230 

drowned  in  Columbia  river 51 

suffers  from  the  Siou.x 48 

Henry,  Patrick   7 

Henry's  Red  River  Brigade 150 

Hesse,  Charles 51 

"He  was  forgiven" 44 

Hidatsa,  The  84 

Hill,  General  John 8 

Hill,  James  J 18,  40,  335-346 

Historical  sketch  of  university 549 

History  of  banking  in  North  Dakota....  530 

of  Great  Northern  R.  R 336 

of  Methodism  in  North  Dakota 538 

Hochelaga    10 


596 


INDEX 


HoIe-in-the-Day 239 

Holes,  James 329 

Homes  and  pride  disappeared 178 

HoS^estead  law,  The 224 

Horry,  Peter 14 

Horse  thieves  abound 84 

lashed    182 

Hostages  put  to  death 13 

How  traders'  wives  dressed 146 

Hubbard,  N.  K.,  address  to  Old  Settlers' 

Association 360 

Hudson,  Heilry 17 

Hudson's  Bay  Co 17,  Mi 

contracts  terminated 349 

formation  of  8 

mail    489 

refuses  supplies  149 

wants  no  schools  or  churches 97 

Hunters  and  the  spoils 28 

first  salute   143 

Hunting  grounds,  The 20 

parties  divide  with  neighbors 82 

Hurons,  The  9 

Idaho  Territory  created 261 

Ideal  Indian  homes 85 

Illicit  trade  at  Fort  William 176 

Immigration 430 

Importance  of  the  surrender 100 

Impressment  of  sailors 113 

In  Charles  Mix  county 217 

Indian  agencies  and  agents,  1872 280 

alignment  in  border  wars . '. 9 

captives  rescued 285 

civil  organization  12 

contingent,  The   20 

council  decides  for  war 193 

debts  to  traders 162 

league  against  the  Carolinas 12 

murderers  captured 506 

signers  to  allegiance 257 

slave  trade  "prohibited" 12 

"Indian  Town"   (verse) 99 

trade  and  buffalo  hunting 226 

trades   in    1872 280 

treaties    160,  321 

opposition  to  settlers 163 

Indians  eager  for  trade 166 

encouraged   to   drink 27 

"encouraged  to  pay  debts" 26 

friendly  and  help  build   fort 99 

get  idea  whites  are  all  bad 162 

hide   in  hills 297 

made    insolent    48 

not   satisfied   with   settlements 191 

protest  on  steamers 348 

ruined    by    liquor 26 


Indians  save  books  of  Doctor  Riggs....  241 

surround  guide 289 

In  fear  and  humility 106 

Ingenious  excuses  for  drink 45 

Inhaling  mosquitoes   149 

Inheritance  tax 431 

Initial  political  movement 275 

Initiative  of  culture 237 

In  military  and  civil  life 178 

Interpreters   70 

In  the  beginning 3 

land  of  the  Dakotas 205 

Sioux  country 205 

Investigating  extent  of  fur  trade 141 

Iron  Heart 234 

Iroquois  country.  The 10 

Irrigation  code 422 

Irving,  Washington,  on  traders 92 

J ackman.  John  J 329 

Jackson,  Andrew  15 

James  VI — James  1 23 

James  river  268 

Jamestown  Alert  477 

and  capital  location 402,  403 

&  Northern   334 

history  of  512 

Plymouth,  Salem,  Boston,  settled 24 

Jayne,  William  378 

Jeff  Davis  in  skirts 495 

Jefferson,  Thomas   56,  112 

Jefferson  to  Adams 107 

Joint   commission   of   North   and    South 

Dakota  390,  391,  404,  408 

Johnson,  E.  F.,  engineer 325 

Johnson,  Martin  N 389,  392,  399,  409, 

41S,  425,  433 

Jones,  John  Paul 66 

Jones  starts  trouble  that  costs  four  lives.   193 
Judges  of  supreme  court  increased  to  five  447 

Judicial  districts,  1861 273 

system  of  state 396,  444 

"Judiciary  Ballot"  447 

Jug  of  whiskey  in  House  of  Representa- 
tives    228 

June  rise  in  the  Missouri 60 

Jurisdiction  of  supreme  court  of  state. . .  448 

Keating,  W.  H.,  Long's  historian 33 

Kellogg,  Mark   310 

Kellogg's  body  found 315 

dispatch  to  Bismarck  Tribune 311 

Kelly,  A.  W 512 

Kelly,  Mrs.,  ransomed 301 

Keogh,  Miles 315 

Key,  Francis  Scott 67 

Kidder,  Jefferson  P 379,  484 

Kildonian 95 


INDEX 


597 


Killed,  list  of,  Battle  of  Little  Big  Horn.  316 

Killing  buffalo  on  ice 70 

King  of  the  Upper  Missouri 168 

King  Philip  killed 6 

King  Philip's  war 5 

"King's  Colors,"  The 23 

Kingsburj-,  George  W 278 

Kingsbury,  William  Wallace 211 

Kipp,  James 170 

Kittson  line,  The 349 

Kittson,  Norman  W.40,  148,  225,  345,  489,  503 

Knappen,  Nathan  H 308 

Knauf,  John 452 

Kreiger,  Mrs.  Justina 198,  200 

Knife  creek  297 

Knife  river  camp 63 

Knife  river  region 152 

Lac  qui  Parle 238 

La  Frambois,  Frank 289 

L.  S.  &  P.  S.  Townsite  Co 328 

Lake  Winnipegoosis  261 

Lamont,  Daniel 166 

La  Moure,  Hon.  Judson 230,  484,  486 

Land  entries,  date  of 228 

Land  grant  doubled 335 

Land  office  established 274 

Lane,  Secretary 253,  256 

Langlois,  Michael  28,  43 

Larimore,  history  of 509 

Larpenteur  keeps  trip  records 170 

La  Salle 54 

Last  great  hunt,  T'7U- 38 

Law.  John   152 

Lawrence  at  Centennial  exposition 127 

Law  school  established 558 

Law  to  enforce  prohibition 462 

Leavenworth  and  the  traders 157 

Le  Borgne  83 

Le  Clerc,  Narcisse 182 

Legislation  affecting  the  supreme  court..  447 

enacted  in  1905 422 

Legislative  districts,  1861 272 

Leighton,  .Alvin  C 168,  302 

Lewis  and  Clark  party,  The 60 

Lewis,  Captain   58 

buried  in  Tennessee 72 

Library  of  supreme  court 446 

License  system  461 

Life  at  the  post 26 

Lightning  steamboat  ride 319 

Lignite  coal  152 

Limits  and  transfer 55 

Lincoln,  approves  bill 26a 

appoints  territorial  officers 271 

Liquor  and  the  Indians 147 

confiscated   175 

for  the  Yellowstone  trade 175 


Lisa.  Manuel    76,  154 

List  of  dead  by  companies 305 

of  those  in  Dakota  prior  to  1861 230 

of  traders  receiving  benefits  of  Trav- 
erse de  Sioux  treaty 189 

Little  Clam  explains 106 

Crane,  hunter   28 

Crow 199,  285 

Piney  302 

Six   506 

Thunder   208 

Littleton,  Governor  W.  H 13 

Livingston,  Robert  R 56 

Location  of  Battle  of  Big  Mound 292 

Kildeer  mountain  battlefield 296 

the  capital 277 

trading  posts  22 

Lodges  quickly  pulled  down 85 

Logan  to  Dunmore 5 

Long  line  of  battle 297 

Long's  expeditions  33,  139,  141,  143 

Lord  Selkirk  and  Tanner 105 

Loss  at  fort,  one  dog  killed 50 

Losses,  both  sides,  in  Battle  of  Lake  Erie  125 

Losses  in  battle 288 

Lottery    416 

Lounsberry,  Col.  Clement  A.... 223,  307, 

474.  476,  482,  484,  493,  494 

Louisiana  fur  companies 152 

Louisiana  Purchase 7,  S3,  112 

Lynch,  Frank 463 

McClellan,  Lieut.  George  B 325 

McCIellan,  Robert  159 

McCumber,    Porter  J 434,  588 

McCumber  commission   322 

McFadden.  D.  D 511 

McGillis,  Hugh 46 

McHenry,  James   259 

Mcintosh,  Lieutenant 313 

McKay,  James   230 

McKenzie,  Alexander 37.S-378,  419,  484 

McKenzie,  Kenneth,  killed  by  Clark 168 

leaves  St.  Paul 167 

McLaren,  Colonel   292 

McLaughlin,  Maj.  James 38,  236 

MacKenzie,  Sir  Alexander 18 

Mackinac    8 

Mackinaws  151 

Macnamara,  Rev.  Charles  A 545 

"Mad"  Anthony  Wayne 7 

Magic  stick.  The 234 

Major-General  Gaines'  dispatch 158 

Major  Pilcher's  criticism 157 

Making  pemmican  35 

Mandans,  The  21,  63,  80,  82 

Manitoba  (Rupert's  Land) 18 


598 


INDEX 


Manito-o-geezhik  tires  of  boy  and  toma- 
hawks him  102 

Manners  and  dress  of  traders'  wives 146 

Manufactures    ■ 42 

Manuscript  journals  published 18 

Marble,  Mrs.,  captive 240 

Marbois,   Barbe   .• 56 

Marion  and  his  men '. 12,  13 

Marshall,  Thomas  Frank 434 

Marsh,  Captain,  drowns 194 

Marsh,  Grant 311 

Massachusetts  Bay  Colony 24 

Massacre  at  Fort  Mims IS 

at  Fort  William  Henry 187 

near  Fort  Phil  Kearney 301 

of  Grattan  and  men 207 

of  the  Deschamps 181 

Maxmilian's  "Travels  in  the  Interior  of 

North  America"  published 171,  173 

Visit  to  Dakota 171 

Maymiutch  29 

Medicine  bottle S06 

Medicine  Knoll  creek 163 

Meeker,  Ralph 309,  492 

Mellette,  Arthur  C 408 

Memorials  to  Congress  relative  to  divi- 
sion and  admission 366,  368 

Members  of  the  constitutional  convention  384 

offices  held  by 412 

Members  of  Red  River  Valley  Old  Set- 
tlers' Association,  1895 355 

Memoirs  of  General  Fremont 151 

Memorial  to  Congress 259 

Men  crying  for  water 319 

Men  of  mark  among  missionaries 245 

Men  marry  at  seventeen 149 

Mercury  often  at  forty-five  degrees  be- 
low, with  deep  snow 95 

Method   of   procedure   of   constitutional 

convention   390 

Met  Indians  in  council 61 

Metis  or  half  breeds 498,  501 

Michaux,  Andre 58 

Midnight  assault,  The 6 

"Migratory"  court  ...  < 446 

Military  and   Indian   reservations   under 

federal  jurisdiction 398 

Military  ball   2i3i 

Millard,  Ezra 211 

Miller,  John 414-417,  585 

Mills,  David  M 211 

Miner,  Capt.  Nelson 292 

Minnesota  massacre 7,  89 

Territory  organized 207 

Minetarees,  The 84 

Missionaries  men  of  mark 245 

Mississippi  Company,  The 152 

Missouri,  Territory  of 57 


Missouri  Fur  Co.,  The 75,  91,  154 

Gazette,  The  140 

Land  Company  221 

Legion,  Tlie 156 

river  traders   158 

river  blockaded  by  buffalo 37 

slope 255 

"Mistress  of  the  Seas" 126 

Mixed  liquors  19 

Mock  legislature 278 

Alondak 167 

Money  paid  to  Hugh  Tyler igo 

Monroe,  James,  President 56,  139 

Moore,  Governor  James 14 

Moorhead,  founded 365 

in  1873 .- 476 

located 327 

Moorhead,  William  H 225 

More  recent  treaties 161 

Morgan,  David  E 451 

Morris,  Manitoba 20 

Mortality    among     Indians — scourge     of 

1837 179 

Mortar's  roar  new  to  Red  river  district.  50 

Mosquitoes  of  the  valley 255 

Mosquitoes  on  Red  river 150 

Mother's  pension  431 

Mountrail,  Joseph 486,  490 

Muddy,  but  pure 60 

Murder  doubted  96 

Must  give  up  dogs 105 

"My  Friend  the  Indian" 38 

Names  of  counties 483,  486 

Napoleon  changes  policy 58 

Napoleon  renounces  Louisiana 56 

Napoleon's  prophetic  remark 126 

National  banks  of  North  Dakota 536 

Guard  reorganized 585 

Guard  stationed  in  Texas 585 

Native  Missionary  Society  formed 244 

Nativity    of    delegates    to   constitutional 

convention    388 

Natural  dislike  of  Arikaras  and  Crows..  178 

Navy — list  of  vessels 119 

state  of  the 117 

Nebraska  Territory  organized 208 

Negro  slaves,  first  in  England 132 

Nelson,  Hon.  N.  E 485 

Nelson,  Lieutenant   255 

Netley  creek  21 

Net-No-Kwa    48,  102 

Never  whip  children 63 

New  Orleans  exposition,  Dakota  exhibit 

at 377 

New  policy  tried 48 

Newspapers,  early 474,  482 

New  Ulm  285 


INDEX 


599 


New  world  was  born,  A 3 

New  York  Herald,  The 310,  492 

Nicholson,  Col.  John 8 

Nicollet,  Jean  N 238 

Nicollet's  report 21 1 

"Travels  in  the  Northwest" 211 

Night  attack,  A 5° 

Ninety  million  buffalo 16 

Noble^  Col.  W.  H 211 

Noble  race  ruined  by  run 46 

"No  fight  dance" 238 

Non-partisan  alliance 462 

appointments  of  Governor  Burke 425 

judiciary  law 447 

League,  The   586 

Nonsuch  Ketch,  The 17 

No  rain  between  October  15th  and  March 

25th 70 

North  Dakota  Bankers'  Association 534 

North  Dakota,  boundaries  of 383 

in  1843 504 

in  1870 360 

Non-Partisan     Temperance     Alliance, 

The 462 

points  included  18 

volunteers    561 

Northern  lights.  The 69 

Northern  Pacific,  and  capital  location...  400 

Northern  Pacific  bonds  go  to  eight  cents  334 

car  exhibiting  products 371 

crossing  of  Red  river 360 

failed  477 

history  of  *. 325 

Mirror 477 

Northrup,  Anson  347 

Northrup,  George  W 36,  229 

North-West  Company  hector  settlers ....  94 

Company  organized 18 

and  X.  Y.  consolidated 46 

Territory,  The   99 

North,  Patrick  D 436 

Norwegian     king     decorates     Governor 

Hanna  428 

Noted  for  great  wheat  fields 41 

No  water  ! 314 

Oakport    329 

Oak  used  in  ships 120 

Oath  of  office  administered  to  delegates.  389 

Occupation  of  Mexico 15 

Occupied  for  Indian  trade 17 

O'Fallon  knocks  chief  down 161 

Officials  of  territory 274 

Officers  of  constitutional  convention 388 

of  North  Dakota  Bar  Association 460 

of  opposing  fleets 122. 

Oil  inspection  429 

"Old  Bazil"   74 


Old  earthwork  at  Turtle  river 150 

hand  press.  The 206 

"Oregon  Trail" 527 

Settlers'  Associ^ion  chartered 278 

settlers  of  Burleigh  county ^ 516 

"Old  Shady"   496-498 

Omnibus  bill,  becomes  law 370 

provisions  of  383 

Onion  22  inches  in  circumference 41 

Only  means  of  subsistence 147 

Only  one  man  escaped 107 

On  the  Missouri  river 151 

On  the  Upper  Mississippi 79 

Opechancanough  shot  while  captive 187 

Opening  of  navigation  on  Red  river 150 

of  Red  river  valley 328 

Operator  at  key  twenty-two  hours 32c 

Order  establishing  Fort  Lincoln 333 

Ordinance  of  1787 loi 

Ordway,  Governor,  work  of 374-375 

Ordway,  N.  G 415 

Orders  in  council 113,  117 

Organic  act  of  Dakota 262,  365 

Organization  of  constitutional  convention  388 
of  Red  River  Valley  Old  Settlers'  Asso- 
ciation      351 

Original  United  States  domain 66 

Origin  of  history  of  British  flag 23 

of  the  name  (Pembina) 41 

Osage  treaty  of  1808 90 

Other-Day    199 

Other  lawless  acts 182 

lines  of  graft 88 

settlements  216 

Our  flag  and  its  day 65 

"Our  superiority  in  novel  tactics  and  in 

gunnery" 1 18 

Outlines  of  American  history 8 

Outlying  posts  withdrawn 49 

Outrages  by  Indians 183 

Outrages  by  N.-W.  Company  against  set- 
tlers         94 

by  whites   182 

Overland  from  Wheeling,  W.  Va 141 

immigration  to  Oregon 206 

Pacific  Fur  Company 91 

Panic  of  1857 326 

Parkins.  Hon.  Henry  S 233 

Park  river 20,  518 

Park  river  post 22 

Parliament  restores  old  flag 24 

Party  leaves  St.  Paul 211 

Passing  of  Tenskwatawa iii 

Pathetic  appeal,  A 11 

Patriots'   homes   burned 14 

Peace   treaty   arranged 61 

Pemmican     28 


600 


INDEX 


Penalties    for    violation    of    prohibitory 

law   470 

Pensioned  by  the  British Ill 

People  of  territory  vote  for  division....  369 
Petition  denied  by  Pennsylvania  authori- 
ties        II 

Pe-shau-ba's  recollections  and  death....   104 

Pettigrew,   Richard  F 380 

Pembina   23 

"Pembina  House"   40 

Pembina,  Partial  justice  to 277 

post  established   31 

postoffice  489-491 

(Panbian)  river 30 

settlements,  The 225 

territory.  Bill  to  create 366 

Perry,  Lieut.  Oliver  Hazard 120-125 

Phips,  Sir  William 8 

Picotte,  Charles 218,  221,  233 

"Piece" — 90  pounds    144 

Pierce,  Gilbert  A 415,  433,  485 

Pigeon  river   19 

Pike,  Lieut.  Z.  M 20 

Pike's  expedition 47,     78 

Pilgrim   Sabbath    5 

Pilgrims  of   Santee,  The 242 

Pine   Ridge  Agency 250 

Pine  Woods    304 

Piney  Forks    302 

Pioneers    220,  230 

Pianette,  Rev.  D.  C 547 

Plan  to  settle  Red  river  country 148 

Ploghofif,  Lieut 283 

"Pluck"  built  by  Alsop  Bros 151 

Plummers,  The    539 

Plymouth  county.   Mass 6 

Poisoned  bread  "lost" 300 

Political    complexion     of     constitutional 

convention   388 

Politics  and  admission  of  new  states...  383 

in   Indian  affairs 307 

Pollock,  Judge  Charles  A 462,  465-473 

Pollock,  R.   M 467 

Ponca  .'\gency.  The 217 

Pond,  Rev.  S.  D 237 

Pope,  Gen.  John 302 

Pope   Urban   H 23 

Population  of  territory,  1870,  1889 365 

Porter,  Dr.  H.  R 311 

Porter  watched  for  fifty- four  hours...  320 

Port  Royal   8 

Portugal  in  slave  trade 132 

I-'ossession  proclaimed  54 

Post  at  Pembina,  The 40 

Postoffice  at  Bismarck  in  '70s 491-494 

at  Pembina  in  early  days 489 

Postoffices,  First  Dakota 218 

Postoffices  in  North  Dakota,  1889 380 


Posts  on  Red  river 50 

Potato  yield  big 149 

Poultry   raising    42 

Powder  river 303 

Powhatan's  successor 187 

Prairie  fires   33,     63 

Prairies  black  with  Buffalo 33 

Preface   vii 

Preferred  her  Sioux  warrior 51 

Preliminary  letters   114 

Presque  Isle   120 

Press   in   1882 479 

in  1886 481 

Preston-Anderson,  Elizabeth 463 

Primary  election  law 422 

Prince  of  Wied  a  visitor 171 

Prince  Rubert's  Land 17 

Probate  court   397 

Prohibition 424,  431,  461,  473 

Prophets  and  black  gowns 246 

Prophet's  Messenger  at  Pembina 106 

Proportions  Adjusted   66 

Provisions  consumed  at  fort 51 

I'rovisions  run  low 143 

Public  printer,   The 278 

utilities.   Regulation   of 431 

Punishing   the   Arikaras 155 

Purcell,  William  E 425,  435 

Pure  drug  law 422 

food  law  422 

Purpose  of  the  campaign.  The 158 

Queen  .\mie's  war 9 

Raccoons  taken   26 

Races,  Foot  and  horse 83 

Railroad  regulation 399 

Rainy  Lake  261 

Ramsey,  Hon.  Alexander 366,  485 

Ransom  county 527 

Raymond,  John  B 380 

Reagan,  Senator 409 

Recapitulation  of  cessions 324 

Recollet  Fathers,  The 10 

Record,   The,  established 353 

"Red  flag  of  Taunton" 65 

Red  paint  in  demand 62 

Red  River  Brigade 18 

carts  144 

mosquitoes  150 

of   the   North 261 

transportation   18 

Transportation  Company   349 

valley,  The 346 

Valley  Old  Settlers'  Association  organ- 
ized      351 

incorporated    354 

members  of,  1895 355 


INDEX 


601 


Redwood  Agency  massacre 194 

Reinforcements  arrive  198 

Regal  banquets  92 

Region  included  in  purchase 57 

Regular  troops  arrive 184 

Renville  family,  The I99 

Renville,  Gabriel,  scout 36 

Joseph,  guide 141.  237.  486 

Renville  Rangers  196 

Reporter  of  supreme  court,  Duties  of..  445 

Reporters  of  state  supreme  court,  List  of  448 

Reports  no  interference  by  British 161 

Return  of  expedition 71 

of  Mandan  chief 75 

of  the  hunt 143 

Revised  codes  of  1895 44^ 

of   1899   442 

of  1905   442 

Revolution  in  North  Dakota,  The 586 

Ricaras,  The  62 

Rice  crop  control 148 

Rice,  Henry  M 148,  259 

Rich,  Morgan  T 483,  485,  486,  SM 

Richard  I  of  England 23 

Riches  of  the  Indians 32 

Richland  county 5^5 

Riggs,  Stephen  R 188,  237 

Riley,  Capt.  Bennett 156 

Rival  companies  amalgamated 98 

River  aux  Jacques 268 

Roach,  William  N 234,  419,  434 

"Robinson  Crusoe"  Anderson 229 

Robinson,  J.  E-.S 455 

Rocky  Mountain  Fur  Company 159 

Rolette  county   521 

Rolette,  Joseph 225,  228,  502 

Rolette's  cart  line 502 

Roll  Call   (verse) 124 

Roosevelt,  Theodore,  North  Dakota  Pio- 
neer      522 

Rose,  George  Henry iiS 

Ross,  Alexander 34 

John,  Ranch  of 296 

Roster  of  company  going  to  Pacific  coast  71 

Lieutenant  Pike's  party 78 

North  Dakota  volunteers 561 

Royal  Standard,  The 25 

Rubrette,  Nicholas 28 

Rumor  from  Salt  Lake 312 

Running  the  buffalo 35 

Running  Water  river 267 

Rural  schools.  Need  of  improvement  in.  426 

Sabbath,  The 245 

Sacred  pipe  lighted 38 

Sacrifice  and  Thanksgiving 27 

.Sailors  impressed   113 


St.  Louis  and  Chicago  frontier  posts  of 

little  importance yy 

St.  Louis  nearest  settlement 149 

Sakakawea  meets  her  brother 73 

Sakakawea's  death   74 

Salaries  of  supreme  court  officials 448 

of  territorial  officers 266 

Sale  of  school  lands 396 

Saloons  in  politics 470 

Salt  at  one  dollar  per  pound 78 

Santee  Mission  Training  School 247 

Sargent,  H.  E 485 

Sarles,  Elmore  H.,  Administration  of...  422 

Satisfying  a  grizzly's  ghost 27 

Saulteurs    20 

School  at  Pembina 148 

School  children  contribute  for  monument    74 

Scientists  in  party 139 

Scott,  Winfield,  suggests  change 80 

Seamy  side  of  fur  trade 45 

Sea  victories  soothed  pride 119 

Secret  correspondence  115 

Second  Seminole  war 15 

"Second  Union  Jack,"  The 25 

"Selkirk"  built  by  James  J.  Hill  and  Cap- 
tain Griggs 151 

Selkirk  colony.  The 93,  149,  255 

Selkirk  learns  of  murder 96 

Semple,    Robert,    arrests    managers    of 

N.-W.  Co 95 

Settled  in  Misery  Bay 127 

Settlement  at  Elk  Point,  The 216 

near  Fargo 229 

Settlers  in  Yankton  County,  1858 221 

Seven  Oaks  Massacre 35 

Seventh  standard  parallel  line  by  which 

territory  divided   383 

Shahaka  returns  to  St.  Louis 76 

"Shaking  hands  with  the  prophet" 107 

Shannon,  Peter  C 437,  439 

Shawnee  Prophet,  The 105,  107,  112 

She-gaw-kee-sink 41 

Sherman,  Gen.  W.  T 34,  496,  498 

Sheyenne  river  20 

Shiploads  of  buffalo  bones 34 

Shooting  the  Racine  Rapids 320 

Short  Bull   250 

Shortridge,  Eli  C.  D.,  Administration  of  418 

Sibley  expedition  of  1863 286 

Sibley  Island  63 

Signers  of  Treaty  of  Ghent 131 

Signing  of  state  constitution 410 

Sikes,  Sir  Francis 347 

Sioux  at  the  gates,  The 107 

cause  terror    21 

has  good  qualities 62 

massacre  of  1862 188 

whipped    83 


602 


INDEX 


Sint,  Francois  28 

Sir  James  Craig 115 

Sitting  Bull  250 

attacks  surveyors  327 

wars  16 

welcomes  General  Grant 328 

Six  beaver  skins  for  a  quart  of  rum 104 

Nations,  The 9 

Sixteen  shots,  sixteen  buffalo 37 

winters  among  Chippewas 51 

Sketch  approved  by  James  Holding  Eagle    75 

Skin  lodges  erected 86 

Slaughter,  Mrs.  Linda  W 307,  491,  494 

Slaughter  of  women  and  children 6 

Slave  ship  described 135 

Slaves,  Distribution  of,  in  1790 133 

Slavery    131 

Smallpox  scourge 30,  80,  179 

again  in  1856 180 

among  Cherokees   13 

Smith,  Donald  A 34S 

Smuggling  liquor 176 

Snowbound  three  weeks 309 

Snow  shoes  and  dog  sledges 43 

Social  life  among  the  Indians 86 

Sold  as  slaves 12 

Soldiers  die  of  scurvy 140 

Soldier's  home   432 

Song  of  Assiniboines  like  that  of  Rus- 
sian soldiers   173 

Sons  of  Virginia 7 

Southern  Pacific  Railway 326 

South  Dakota  resents  removal  of  capital  369 

South  Kingston,  R.  1 6 

Spalding,  Burleigh  F 434,  454 

Specimens  sent  to  President  Jefferson...     70 

Spink,  Solomon  L 379 

Spirit  Lake,  Early  settlers  at 240 

Spotted  Weasel  approves 75 

Spotted  Tail   208 

Springer  omnibus  bill  becomes  law     ....  370 

Provisions  of   383 

Stadacona    10 

Stage  and  telegraph 145 

Stages  take  a  back  seat 350 

Stain  on  the  Record,  The 4S 

Standing  Buffalo  protests 193 

Standing    committees    of    constitutional 

convention   390 

Standing  Rock  236 

Staples,  Dr.  J.  M 211 

Stark,  George  485 

Stars  and  stripes 65 

Indian  allegiance  to 257 

State    banks    may    become    members    of 

Federal  Reserve  system 431 

Regulation  of   422 

statements  in  1916 535 


State  capital.  Location  of 400-403 

in  debt 419 

Enforcement  League  463 

State  of  the  navy 117 

Statue  of  Sakakawea 74 

Steamer  built  for  Red  River  of  North..   150 

Far  West,  The 319 

"Ida  Stockdale"  37 

on  Red  river  in  1859 229 

Steamers  on  Yellowstone 298 

Stevens,  Alexander  H 259 

Stevens,  Major  Isaac  1 325 

Stevenson,  Don   505 

Stevenson,  Hon.  Donald 254 

Stewart,  Senator  408 

Story  of  Townsites,  A 226 

Stripes  and  stars  on  flag 64 

Struggle  to  obtain  beaver  skins 162 

Sturgeon  killed  with  axe 21 

one  hundred  a  day  in  nets 26 

Stutsman  county   513 

Stutsman,  Enos 222,  483,  485,  486 

Sublette's  Fort  William 174 

Successful  winter  at  Park  River 28 

Sudden  conversion  of  hostiles 199 

Suffrage   396 

Sully's  expedition  of  1863 289 

of  1864   290 

Summer  camp  in  terror 85 

"Sunset  on  the  Prairies" 7 

Supreme  court  of  state 397 

increased  work  of 447 

judges  of -. 449,  456 

jurisdiction  of 448 

legislation  affecting 447 

located  at  Bismarck 446 

qualifications  of  judges  of 444 

Supreme  court  of  United  States,  Proce- 
dure of  447 

Surprised  the  nations 118 

Surrender,  The,  (Battle  of  Lake  Erie) .   124 
Surveyor's  chain  at  World's  Columbian 

Exposition,  1893 223 

Sykes,   Sir  Francis 36 

Taft,  President 257 

Tah-gah-jute  ("Logan")  4 

Tanner,  John,  the  white  captive.. 31,  102,  131 

Tanner's  "Narrative"  31 

Tatanka  Republic 37 

Tatanka  Wedhacheta  142 

Taylor,  J.  W 347 

Taylor,  Zachary,  loses  to  Indians 79 

Tea  $4.00  per  pound 79 

Tecumseh  14 

Telegraph  and  stage 146 

Temperance  commission  424 

Ten  cents  an  acre 324 


INDEX 


603 


Territorial  legislature  establishes  univer- 
sity at  Grand  Forks 3^6 

Territory  acquired loS 

of  Dakota  organized 365 

of  Louisiana   57 

Terrorized  by  the  Sioux 21 

Terry,  General  3io 

Testimony  of  the  rocks 3 

Thames  River  battle l" 

Thayer,  E.  R.,  Letter  from 395 

Thayer.  Prof.  James  Bradley,  author  of 

Williams  constitution 394 

"The  Dying  Indian"   (verse) 104 

"They  w?ere  drunk" 5° 

Thirteen  states,  order  of  settlement 66 

Thirty  days'  travel  and  never  out  of  sight 

of  buffalo  33 

Thirty-nine  lashes  182 

Thompson,  David 18 

Thompson,  Fountain  L 425,  435 

Thread  for  buffalo  sinews 32 

Threw  bad  medicine  on  him 30 

"To  America"    (verse) 127 

Tobacco's  son  100 

Todd,  Capt.  J.  B.  S 214,  378 

Tohatka   (Gauche)    171 

Tongue  River  valley 302 

"Too  much  territory" 29 

Toussaint  Charbonneau   12,  I73 

Towner  county 52o 

Township  lines  run 223 

Townsites  on  the  Sioux 213 

Story  of   '> 226 

Traders  spoil  Indians 48 

Trading  excursion  among  Indians 503 

statistics   42 

Trail  of  blood,  A 3 

"Train"  described   '45 

Train    schedule,    Fargo   to   St.    Paul,    in 

'70s  476 

Trappers  ambushed I54 

Trapper's  thrilling  experience 234 

Transportation  development   325 

Trask,  Josiah   278 

Traverse-de-Sioux 240 

Travois  and  dog  sledges I43 

Treaty  of  1837,  The 188 

of  1851   189,  207 

of  1858 213 

of  1868 306 

of  Ghent,  Articles  of 128 

of  Paris,  1783 100 

of  peace  (1814) 126 

of  peace  and  amity  (Ghent) 128 

of  San  Ildefonso 56 

of  Utrecht 9 

with  the  Arikaras 160 

with  the  Sioux 7° 


Treaty  with  the  Yanktons 221 

payment  for  1862,  The 191 

Trees  planted  along  Northern  Pacific...  Sio 

Trial  of  the  new  policy 48 

Tripp,  Hon.  Bartlett 437 

Troops  arriving  by  boat 209 

I'sa-ka-ka-wea-sh,  a  true  guide 73 

Tuberculosis  sanitarium   43i 

Tulloch's  Fort 154 

Turtle  Mountain  reservation  created 322 

Turtle  river 19 

Tuscaroras,   The    1 1 

Tuscarora  war  of  I7il-'i3 12 

Twelve  hundred  carts 148 

months'  provisions  cached 83 

Two  thousand  buffalo  killed  in  day 3S 

Uneasiness  preceding  outbreak 192 

Uniform  system  of  accounting 426 

Union  Pacific  Co.  incorporated 326 

United  States  in  Purchase  of  Louisiana.  58 

loss  at  Tippecanoe m 

rights  recognized  126 

The,  as  an  Indian  trader 90 

victorious  in  twelve  of  fifteen  different 

combats  at  sea 126 

University  of  North  Dakota,  Sketch  of.  549 

Unspeakable  outrag.es 200 

'Upper  Missouri  Outfit,"  The 166 

River  Townsite  Company 221 

Uses  of  Pemmican 36 

Usual  articles  of  merchandise 162 

Valley  City,  History  of Sn 

Vanderburg,  Captain   208 

Vast  herds  of  buffalo 32 

Vegetables   and  corn 41 

Veits,  Frank   5o8 

Vermilion  settlement,  The 208 

Vessels  and  their  equipment 121 

bringing  soldiers   209 

in  navy  (1813) 119 

Vicious  element  of  liquor 26 

Views  of  newspapers  rosy 139 

Viligance  committees  165 

Villages  destroyed 6 

Villard,   Henry    394.  395 

Vincennes  the  key 99 

Vincenne,  Francois  Morganne  de  la....     99 

Virginia  uprising  of  1622 186 

Visiting  traders   70 

Visit  to  the  Mandan  villages 80 

"Vive  le  Roi!" 54 

Volunteers,  North  Dakota 561 

Voyageur   20 

Voyageurs,  The  92 

Wabasha's  pipe 80 

Wahpeton,   History   of 514 


604 


INDEX 


Walker,  Sir  Howard 9 

Wallin,  Judge   45i 

Wall,  Oscar  Garrett  i88 

Walsh  county   S'? 

Walsh,  Hon.  George  H 485 

Wampum  peace  offering 11 

Wanamaker,  Rodman 256 

Wanaton's  sartorial  equipment 142 

Wanaton  returns  Long's  visit I43 

Wanton  destruction  of  buffalo 147 

War — its  realization  204 

of  1812  closed 57,  ii7 

of  extermination  by  Pequots 187 

reminiscence    494 

Warned  against  liquors 105 

Washington  a  surveyor 7 

Washington  escapes   13 

"Wash  the  sorrow  from  his  heart" 29 

Watterson,  Col.  Henry,  Address  by 128 

Wayne,  "Mad"  Anthony 7 

and  the  Treaty  of  Greenville loi 

Webb,  Rev.  John 539 

Webb-Kenyon  law 43' 

Webster,   Daniel,    on    the    Ordinance    of 

1787    101 

Wells  county 522 

"We  Are  Not  Here  for  Our  Helth" 487 

"We  have  met  the  enemy  and  they  are 

ours"    124 

"We  leave  the  Rosebud  tomorrow" 312 

Wesley  college  548 

Western  Engineer,  Description  of 140 

exploration  57 

wife,  A  279 

Weymouth,  George  11 

When  man  appeared 4 

"When  wild  in  woods  the  noble  savage 

ran"   77 

"Where  the  hills  look  at  each  other".;.  .  298 

Whisky  at  five  dollars  the  pint 176 

Whisky  the  Indian's  curse 45 

White  captive,  The 31.  300 

Dog  betrays  friends 194 

Earth  river   220 

White,  Frank,  Admini'stration  of 420 

"White  Indians" 79 

White,  William  H 539 

the  fund  548 

Whites  can't  hurt  Indians  then 249 

Wild  Bonaparte  of  the  Prairies,  The 183 

Wild  Rice  river  fight ^i 


Williams  constitution  394 

Williams.  Hon.  E.  A 486 

Williams,  Judge 273 

Williamson,  Rev.  J.  P 261 

Williston,  Judge 273 

Wills,  John   49 

Wilson,  President   253-256 

Wilson,  Woodrow,  on  War  of  1812 126 

Windom,  Senator,  introduces  bill  to  cre- 
ate Territory  of  North  Dakota 366 

Wind  river   261 

coal  deposits   277 

\\'inship,  George  B 487 

Winship's  Hotel  4S7 

Winter  exodus  85 

of   1S04-05,  ThQ 69 

spent  at  Wood  river 60 

"Wintering  partners"  92 

Wolves  chew  dogs 26 

Woman's  Christian  Temperance  Union .  461-463 

Woman  suffrage 408,  432 

Woman's  rights  recognized 12 

Women's  clubs  erect  monument 74 

Women's  clubs    (Indian) 86 

Women  the  Indian's  first  consideration.     46 

Woods,  Maj.   Samuel 146,  255 

Work     of     the     constitutional     Conven- 
tion   392-410 

Wounded,   List  of.  Battle  of   Little  Big 

Horn    31S 

of  both  fleets  on  the  Lawrence 125 

reach  Bismarck 315 

sent  to  rear  on  horse  litters 315 

Wovoka    248 

\\'yandots.  The , 9 

W.voming  massacre.  The 188 

valley,  Pennsylvania  6 

Territory  created 261 

X.  Y.  Company 18 

Yankton   founded    221 

Yearly  mail   361 

Yellow  Medicine  Agency 199 

Yellowstone  trappers  ambushed 154 

Yellowstone,  the  first  steamboat  on  Up- 
per Missouri   168 

York   60,     69 

York  factory 347 

Young,  George  M 436 

Zable,  Mrs 200