The History of Minnesota and Tales of the Frontier Part 27

All people who keep the run of politics will remember that the Republican party, now called the "Grand Old Party" (I suppose on account of its extreme youth), had its birth in the year 1854, after the death of the Whig party, and succeeded to the position in American politics formerly occupied by the Whigs, with a strong tinge of abolition added.

It was, of course, largely recruited from the Whigs, but had quite formidable acquisitions from the Free-soil Democrats. It sprang into prominence and power with phenomenal rapidity, coming very near to electing a president in 1856, and succeeding in 1860. Minnesota resisted the attractions of the new party, and remained Democratic until 1857, when the first state election occurred, and the whole Democratic state ticket was elected. Since then the Democrats have never succeeded in our state, unless the election of Governor Lind in 1898 may be called a Democratic victory.

It was very natural that the politicians who had joined the new party should be exceedingly zealous and enthusiastic for its success. Such is usually the case, and verifies the old proverb, that "A converted Turk makes the best Christian." This phase of political tendencies was fully ill.u.s.trated by the conduct of my old friend, Mr. James W. Lynd of Henderson, more familiarly known by us as "Jim Lynd," which occurred at the election of 1856, and forms the text for the present story.

In the early days of the territory much had been said, and generally believed, about frauds being perpetrated by the Democrats in the elections on the frontier. For instance, it was a.s.serted that, at Pembina and the Indian agencies, one pair of pantaloons would suffice to civilize several hundred Indians, as, by putting them on, and thus adopting the customs and habits of civilization, they would be ent.i.tled to vote. There never was much truth about these rumors, and being on the border, and having charge of an Indian agency, where hundreds of men were employed, I knew a good deal about how these matters were conducted, and I can conscientiously say that there never was much truth in them. The nearest approach to a violation of the election laws that I ever discovered was at Pembina, and that was free from any intention of fraud. It would come about in this way: Election day would arrive, the polls would open, and everybody who was at home would vote. It would then occur to some one that Baptiste La Cour or Alexis La Tour had not voted, and the question would be asked, why? It would be discovered that they were out on a buffalo hunt, and the judges would say, "We all know how they would vote if they were here," and they would be put down as voting the Democratic ticket. Of course, this would be a violation of the election laws, but who can say that it was not the expression of an honest intention by a simple people. While I cannot approve such methods in an election where the law and the necessities of civilization require the voter to be present, I cannot avoid the wish that we were all honest enough to make such a course possible as the one adopted by these simple border people.

The Republicans being the "outs" and the Democrats being the "ins," of course all the frauds were charged to the latter, and every movement of either party was watched with zealous scrutiny. The law governing the qualification of voters provided that soldiers enlisted in other states or territories, coming into Minnesota under military orders, did not gain a residence, and citizens of Minnesota enlisting in the army did not lose their residence or right to vote as long as they remained in the territory. It so happened, in 1856 or 1857, that there were at Fort Ridgely a number of recruits who had enlisted in the territory, and had not lost their right to vote; but there was no precinct or place to vote where they could exercise their privilege. Knowing that they were Democrats, we had a polling place established at the "Lone Cottonwood Tree," a point about three miles above Fort Ridgely, for the purpose of saving these votes.

Of course, it soon became known throughout the valley, and my friend Jim Lynd, who resided at Henderson, about fifty miles down the river, conceived the idea that it was the intention to vote the whole garrison for the Democrats, and he determined to checkmate it by challenging every soldier who cast his vote, laboring, as he did, under the erroneous impression that an enlistment in the army disqualified the soldiers as voters. So when the election day arrived, Jim, who had walked all the way from Henderson, was on the ground early, fully determined to exclude all soldiers from voting.

It so happened that I was at my Indian agency, at Redwood, and on the morning of the election was to start for St. Paul. The agency was about ten miles up the river from the "Lone Tree," and, starting early in the morning, brought me to the voting place about the time the polls were opened. I knew everybody in the valley and everybody knew me, and we never pa.s.sed each other on the road without a stop and a chat. When I arrived at the polls all hands came out to greet me, and after the usual inquiries as to how the election was progressing, the judges told me that Lynd had challenged the first soldier who offered his vote, and they, being in doubt as to the law, had agreed to leave it to me. I gave my version of it, but Lynd still disputed it, and insisted that an enlistment in the army disqualified the man as a voter. Being unable to convince him, I, with a significant wink to the judges, suggested that he should get into my wagon and go down to the post (where I knew the sutler had a copy of the statutes), and we could readily settle the controversy. He consented willingly to this proposition, and we started for the post. When we arrived, I gave my team to the quartermaster's sergeant, and we looked up the law in the sutler's store. I then began a game of billiards with some of the officers, and accepted an invitation to lunch. As noon approached, Lynd began to show signs of impatience, and he asked me when I proposed to take him back to the polls. I quietly informed him that my route lay in the opposite direction, and that I would not go back at all. Instantly it flashed upon him that I had taken him away from the polls for a purpose, and he fled like a scared deer over the road we had just travelled, leaving me to pursue my journey alone in the other direction. I afterwards learned that in the interval between Lynd's departure and return, all the soldiers had voted the Democratic ticket without challenge or obstruction. Whether my friend Lynd walked back to Henderson or not, I never certainly ascertained. I was sufficiently satisfied with the success of my ruse not to desire to inflict any discomfort on my dear enemy.

This was the only political trick I remember of having perpetrated on the enemy during my long partic.i.p.ation in active politics, and I don't believe any of my readers will regard it as transgressing the proverb that "all is fair in love or war."

My friend Lynd was, like most of the characters in my frontier experience, killed by the Indians in the outbreak of 1862.

THE HARDSHIPS OF EARLY LAW PRACTICE.

Prior to 1855 the public lands of Minnesota were unsurveyed, and no t.i.tle could be acquired to them. About that time, however, four United States land districts were established, with a land office in each of them. The districts were straight tracts of country extending from the Mississippi due west to the Missouri, the exterior lines of which were parallel to each other. The offices were at Brownsville, Winona, Red Wing and Minneapolis. I was then living in Traverse des Sioux, which place, together with Mankato, fell within the Winona district, so that any land business we had in our region of the country compelled a trip to Winona, a distance of nearly three hundred miles by water, or one hundred and fifty by land. After the closing of the rivers by winter there was no other way of getting there except to journey across the country.

At the time I refer to there was little or no settlement between Traverse des Sioux and Winona, and no roads. I remember that there were one or two settlers on the Straight river, where now stands Owatonna, and about the same number on the Zumbro, where now is Rochester, and one house at a point called Utica, about fifty miles west of Winona, and a small settlement at Stockton, on a trout stream which flows through the bluffs a few miles west of Winona. The latter place, being on the Mississippi and easy of access, was quite a flourishing town.

That fall I had been elected to the upper house of the territorial legislature, called the council, and the news reached us that there would be a contested seat in the council from some district in the southern part of the territory, but we had no particulars as to the locality or the person, and gave the matter very little attention.

A controversy had arisen between parties at Mankato as to the right to enter a quarter section of land which was part of the town site, and ultimately became a very valuable part of the city. I represented one side of the fight, but cannot recall the name of my adversary. It was customary in those days to lump matters by making up a party of those who had claims to prove up before the land office, and act as witnesses for each other. On the occasion of this Mankato contest we formed two parties, one from Mankato and one from Traverse, and started with two teams, on wheels, there being no snow, and the first day we reached a point in the woods, somewhere near the present town of Elysian, and there camped. When morning opened on us we found the ground covered with from twelve to fifteen inches of snow, which made it impossible to proceed further with our wagons. We did not hesitate, but accepted the only alternative that presented itself, and decided to foot it to Winona. We travelled light in those days, carrying only some blankets and a change of clothes. We _cached_ our wagons in the timber, packed our animals with our impedimenta, and started. Such a tramp would seem appalling at the present time, but we were all accustomed to hardships, and were equipped with good Red River winter moccasins, two or three stout flannel shirts, and thought very little of the undertaking. We drove the horses ahead of us to aid in making a trail, and made pretty good progress. I think it took us about five days to accomplish the journey, which we did without suffering, or even being seriously incommoded, as we found shelter at the Straight river, the Zumbro, Utica, and Stockton.

An amusing and interesting incident happened the night we arrived at Utica which, as I have said, consisted of one small log house. Our march that day had been a long and tiresome one, and I felt as if a good drink of whisky would be very supporting and acceptable, our supplies in that line having become exhausted by reason of the unexpected length of time consumed in our journey; but the prospect of getting one was anything but promising. While revolving the subject in my mind, and having all my faculties concentrated on the much desired end, I, by some accident, learned that the proprietor of the shanty was a doctor. At this discovery my hopes went up several degrees, and I determined to test his medicine chest. Putting on a look of utter exhaustion, with both my hands on my abdomen, and a.s.suming the most plaintive voice I could muster, I said: "Doctor, I have made a long march to-day, and feel utterly broken up; have you not some spirits in your medicine chest that you could prescribe for me? I am sure it would be a great relief." He looked me over with suspicion, and said: "No, I am an herb doctor." I felt that my fate was sealed for the night, and prepared to seek my couch on the softest plank I could find, between the two men who looked the warmest of the party. While thus preparing my _toilette de nuit_, in a state of mind bordering on desperation, I heard the jingling of sleigh-bells, and a team dash up to the door, from which debarked two men, each comfortably full, followed by hand-bags, blankets and a two-gallon demijohn. They said they had driven from Winona that day, and would stay all night. They ordered supper, and while it was in course of preparation, indulged in a good deal of banter back and forth. Of course, I had formed the determination of becoming acquainted with the contents of that demijohn in some way, by fair means or foul, and became deeply interested in their conversation, looking for a favorable chance to carry my point. I noticed that one of them was very boastful about what he was going to do when the legislature met, and the other saying to him that "he would not be there three days before they would kick him out and send him home." At these words, it flashed across my mind that this must be the man whose seat was contested, and, waiting for a proper opportunity, when his friend was loudest in his a.s.sertions that he would not remain long in the legislature, I put in my oar, and said: "Maybe I will have something to say about that." In an instant the legislator gave me a most scrutinizing look, and said: "Are you in the legislature?" I said "Yes." "In which house?" he inquired. "In the council," I answered. I saw the man was bright and intelligent, and it was a study to watch the workings of his mind while debating to himself how I would be affected by his condition, whether favorably or otherwise. Having weighed the matter carefully, he showed his experience and good judgment of character by saying: "My friend, won't you take a drink?" From what I have said, it is unnecessary to record my answer. We spent the greater part of the night in pleasant social intercourse, drawing inspiration from the depths of the demijohn, which had seemed so far removed from my grasp but a short time before.

The man was the famous Bill Lowry, from the Rochester district. This incident made us sworn friends for life, and singular as it may seem, when the legislature convened, I found myself chairman of the committee on contested elections in the council. It is unnecessary to go into the details of the contest. Suffice it to say that the contestant had a very weak case, and Lowry performed all he had boasted that he would do on that eventful night in Utica.

We were engaged in trying our suit at Winona for several days. Captain Upman was the register of the land office, and presided at the trial.

The captain was a jolly old German from Milwaukee, and a fairly good drinker. There was a building in the town which had been a church, but by the intervention of the evil one, had been turned into a saloon, and was popularly known as "The Church." This was the captain's favorite resort when thirsty, which physical condition occurred quite frequently, and he would always say on such occasions: "The bells are ringing; come, boys, we must go to church. It is unlawful to try cases on Sunday."

What influences dominated, I don't pretend to say, but I won for my client three forties of the quarter section in dispute. We returned home the way we went down,--on foot,--with the exception that at Stockton we constructed a small sleigh, sufficient to carry our baggage, which much relieved the animals. My client offered me one of the forty-acre tracts for my fee, but I declined, and accepted a twenty dollar gold piece for my services. The land which I refused became worth a quarter of a million of dollars a few years afterwards, but I had a good deal of fun out of the adventure, and never regretted the outcome.

TEMPERANCE AT TRAVERSE.

The first members of the judiciary of the Territory of Minnesota were Aaron Goodrich, chief justice; Bradley B. Meeker and David Cooper, a.s.sociates, who were appointed in 1849. They were Whigs, and held their positions until a change of administration gave the Democrats the power, when William H. Welch became chief justice, with Andrew G. Chatfield and Moses Sherburne as a.s.sociates. The last named judges were in office when I arrived in the territory, in 1853. Judge Chatfield presided mostly over the courts held on the west side of the Mississippi. I made my residence at Traverse des Sioux, in Nicollet county, which was within the territory purchased from the Sioux Indians by the treaty of 1851, proclaimed in 1853. The fifth article of this treaty kept in force, within the territory ceded, all the laws of the United States prohibiting the introduction and sale of spirituous liquors in the Indian country, commonly known as the trade and intercourse laws. Of course, this inhibition was intended to prevent liquor getting to the Indians, but as the country began to be inhabited by whites, many of the new comers regarded it as infringing upon their rights and privileges, and serious questions arose as to whether the treaty-making power had any jurisdiction of such questions after the country was opened to white settlement. The courts, however, held the exclusion valid, and indictments were occasionally found against the violators of these laws.

Traverse des Sioux was a missionary center, and the feeling against the liquor traffic was very strong, but, as it always has been, and probably always will be, men were found ready to invade the sacred precincts for the expected profits, and a saloon or two were established in defiance of law and public sentiment.

The judges were empowered to appoint the terms of court where and when there was any probable necessity for them, and the sheriff would summon a grand or pet.i.t jury as the business seemed to require. The United States marshal was Colonel Irwin, and the United States district attorney was Colonel Dustin, both of whom lived in St. Paul, and, as a general thing, there were no county attorneys in the different counties.

When a term of court was to be held in my county, or any of the adjacent ones, the marshal would send me a deputation to represent him, and a bag of gold to pay the jurors and witnesses; the United States attorney would empower me to appear for him, and on the opening of the court, the judge would enter an order appointing me prosecuting attorney for the county so the judge and I would const.i.tute the entire force, federal and territorial, judicial and administrative. If I procured an indictment against a party at one term, in my capacity of prosecutor, and the regular attorney should appear at the next term, it was more than likely that I would be retained to defend; which would look a little irregular at the present time, but as there was no other attorney but me, as a usual thing, no questions were asked.

At a very early day, a party not having the fear of the law or public opinion before him opened a saloon at Traverse des Sioux, much to the dismay and indignation of the religious element of the community, and went to selling whisky to the other element. The next grand jury indicted him, but, before a court convened that could try him, a squad composed of the temperance people headed by the sheriff, attacked his place, and demolished his contraband stores. Being determined to test the question of his rights, he sued the attacking party, and I was retained to defend them. I devised the plea that the country was full of savage Indians, whose pa.s.sions became inflamed by whisky, which made them dangerous to the lives of the whites, and that saloons were consequently a nuisance which anyone had a right to abate. The case was tried before Judge Chatfield, and my clients were vindicated. Of course, the suit created a great sensation, not only on account of the feeling engendered, but because of the novel questions involved, and in due course of time the temperance ladies of the county sent to New York and purchased a handsome combination gold pen and pencil, with a jewelled head, and had it inscribed, "Charles E. Flandrau: Defender of the Right." They also procured a handsome family Bible for the sheriff. When all was ready, they held a public meeting, and made the presentations, which were accompanied by the usual speeches. These ceremonies occurred in the latter part of the year 1854, or early in 1855, and in the meantime a small newspaper, called the _St. Peter Courier_, had been established to boom the city, which contained an elaborate account of the proceedings, together with all the speeches, and diligently circulated them throughout the East, where they were caught up by Horace Greely, in his _Tribune_, and many other papers, and repeated under the head of "Moral Suasion in Minnesota," and came back to us enlarged and improved.

Should I end the story here, it would leave me in the possession and enjoyment of virtues which I cannot conscientiously claim as my own, and would deprive the tale of its best and only amusing point; so as a faithful narrator, I feel in duty bound to tell the other side of it.

In due course of events the trial of the indictment against the saloonkeeper came on to be heard, and I was acting as prosecuting attorney. Of course, I had to prove that the prisoner had introduced liquor into the Indian country, and, to do so, I called a French half-breed who I knew frequented the place, and after the preliminary questions, this examination followed:

"Q. Joe, were you ever in this saloon?

"A. Yes, many a time.

"Q. Did you ever buy and drink any liquor in there?

"A. Yes, many a time.

"Q. Did you see anyone else buy and drink liquor in there?

"A. Yes, many a time.

"Q. Who was it?

"A. I have seen you do it lots of times."

Of course, the laugh was heavily against me, but I sat, as stoical as an Indian, and quietly asked him: "Anyone else, Joe?"

I have forgotten whether the suit terminated in conviction or acquittal, but I never think of it without a good laugh at the way the witness turned the tables on me, and am also reminded of what my old friend, Van Lowry, from the Winnebago country, once said of me: "That Flandrau is one of the most singular men I ever knew. He invariably makes a temperance speech over his whisky."

The gold pen with the jewelled head reposes among my frontier treasures, carefully wrapped up in several editorials cut from eastern papers, extolling my virtues as an apostle of temperance.

Moral: Don't believe everything you read in the papers.

WIN-NE-MUC-CA'S GOLD MINE.

Every one who has lived in a mining country in its early periods, before its resources had been prospected and pretty well defined, will recall the fact that stories and rumors of a mysterious mine of great richness, which exists somewhere, are always in circulation. The discoverer of this mine is either dead, without having revealed its exact location, or it is known only to the Indians, who are compelled to secrecy by awful oaths, or fear of death from their chief or members of their band. At any rate, there is always a profound mystery connected with the hidden treasure, that envelops it with a tinge of romance and a spice of danger to those who seek to break the spell and lift the veil. There is also just enough known about it, which has leaked out through some obscure channel, to lend some slight probability to the story, and many have been the attempts to discover the bonanza by credulous and adventurous miners, but ever without success.

When I was living in Nevada, in 1864, I became closely a.s.sociated with an old Mormon by the name of Rose. He had been a settler in the Washoe valley long before the discovery of the rich silver mines at Virginia City, known as the Comstock lode, and necessarily at a time when no one inhabited the country but Mormons and Indians. The princ.i.p.al tribe of Indians were the Piutes, whose head chief was Win-ne-muc-ca. These Indians inhabited the country around Pyramid lake, about a hundred miles to the northeast of Carson City, where I resided. Rose was known to have been an intimate friend of Win-ne-muc-ca in times past, and to have performed some important service for him, which had placed the chief under lasting obligations to him, and rumor said that in compensation he had disclosed to Rose the whereabouts of the most valuable gold mine on all the Pacific Coast, and that Rose was the only white man who knew anything about it. The truth of these rumors was fortified by the existence of three old and abandoned arrastras and a twenty-five foot overshot waterwheel, which had evidently been erected to drive the arrastras, that stood on one of the back streets of Carson City, and were known to have been constructed by Rose, and as there was no stream in the neighborhood to propel the arrastras, it was generally believed that, when Rose built these works, he had a mine, the ore of which was so rich that he could bring it on pack animals, crush it with these machines, and divert a stream to propel them. As quite a large sum had been expended on these works, it was evident that they were intended to carry out some such purpose, which had been interrupted for sufficient reasons. At any rate, I caught the mine fever, and after many conferences with Rose, I and my a.s.sociates, William S. Chapman and Judge At.w.a.ter, got far enough into his confidence to obtain an admission from him that he knew the exact location of the mysterious mine, the secret of which he had learned from Win-ne-muc-ca, and dare not disclose without the consent of that chieftain, but he a.s.sured us that it was fabulously rich. It was then learned that the mine was within the limits of the Piute reservation, and even if we had the consent of the Indians to work it, we would not be allowed to do so by the United States government. Here were presented two formidable obstacles, but we were so well satisfied that we had a fortune within call that we determined to remove them both.

Our first operations were upon Win-ne-muc-ca, whom we proposed to conquer by presents and flattery, and succeeded to the extent of eliciting from him a promise that, if we could obtain permission from the United States government to enter upon the reservation and work the mine, he would disclose its whereabouts. All I can say about this branch of the case is, that with a great deal of delicate and masterly diplomacy, in which the interests of the Indians formed the princ.i.p.al argument used, we secured the desired permission, and prepared for an expedition to the mine.

It is as well here to say, for the benefit of the uninitiated, that all such operations are conducted with the greatest secrecy and mystery, because should it be discovered that any such enterprise was on foot its projectors would be watched day and night, and followed to their destination by half the community.

The government sent out a representative to see that the interests of the Indians were properly protected, and we got ready to start. The agent of the government was also charged to look up and report upon the progress of a mill for the Piutes, for which large appropriations had been made, and which was supposed to be situated on the rapids of the Truckey river, which is the outlet of Lake Tahoe, and runs about northeast in the direction of the Piute reservation, along the course to be followed by us. I mention this fact only in order to bring into the story the terse and witty report of the agent, said to have been made about his discoveries regarding the mill. He said: "He found a dam by a mill site, but he didn't find any mill by a d.a.m.n sight."

Our outfit consisted of a light farm wagon with a four mule team, which we procured from two Mormon brothers, who lived in the Washoe valley, and were skilled guides all over Nevada, both of whom we took along as guides, cooks, and to drive and care for the team. Rose took along a pony, which we led, and the government agent, old Rose and myself formed the pa.s.senger list. We were supplied with eatables and drinkables for a long campaign, but as it rains but once a year in that country, we never enc.u.mbered ourselves on a march with tents, except in the rainy season.

In fact, the ground between the sage bushes and grease-wood trees is so dry and clean that you don't need even blankets or robes to sleep on, but they are usually carried.