CHAPTER XIX DAKOTA ORGANIZED THE GOVERNOR AND TERRITORIAL OFFICERS-CENSUS AND POPULATION-LEGISLATIVE APPORTIONMENT-ELECTION PRECINCTS AND JUDGES OF ELECTION-THE JUDICIAL DISTRICTS AND ASSIGNMENT OF JUDGES-RESULTS OF ELECTIONS— DELEGATE TO CONGRESS-MEMBERS OF FIRST LEGISLATURE THE FIRST LEGISLATIVE ASSEMBLY-THE GOVERNOR'S MESSAGE-LOCATION OF THE CAPITALOLD SETTLERS' ASSOCIATION-THE PUBLIC PRINTER-A WESTERN WIFE. In April, 1861, President Abraham Lincoln appointed the following officers for the Territory of Dakota: Governor, William Jayne of Springfield, Ill.; 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 Edmunds 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. Betts, Wilmot W. Brookings, Andrew J. Harlan, Obed Foote, George M. Pinney and John D. Morse, who were designated census. agents, as given under "Territory Proclaimed," in Chapter XIV. 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, Morse to the Niobrara region, and Betts 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 mixedblood 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 showed 177 families, 511 males and 515 females, white and half-blood families, a total of 1,026. They had 600 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 1861 gave the distribution of the population of the several districts as follows: Red River, 603; Brule 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, 129-total, 2,376. In South Dakota there were 25 mixedbloods on the Big Sioux, 5 at Elk Point, 7 at Vermilion, 9 at Yankton, 128 at the Pease and Hamilton settlements, 47 at Yankton Agency, and 34 at the Ponca Agency, a total of 255; added to the 603 reported at Pembina, gave a mixedblood population 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. LEGISLATIVE DISTRICTS AND APPORTIONMENT OF MEMBERS July 29, 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 Vermilion 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 Vermilion 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 57 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 sixth, 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 established as follows: First Representative District-At the house of Thomas Maloney; judges of 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. Waldron, 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 Baptiste Shorette (Charrette) at St. Joseph; judges, Baptiste Shorette, Charles Bottineau, 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-At Herrick's Hotel, Bon Homme; judges, Daniel Gifford, George M. Pinney and George Falkenberg. Eighth District-At the house of F. O. Pease; judges, J. V. Hamilton, Benjamin Estes and Joseph Ellis. And also at Gregory's store; judges, Charles Young, James Tufts and Thomas Small. 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 districts 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 Lorenzo P. Williston was assigned to the First Judicial District, and the place of holding court fixed at Vermilion. Judge Philemon Bliss was assigned to the Second District and the place of holding court fixed at Yankton. Judge Joseph I.. Williams 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 September of each year. In the Second and Third districts on the third Monday in August and thereafter annually on the first Mondays of May and September. It will be noticed that no provision was made for courts in the Red River |