The St. Paul gentlemen who had been approached by Captain Dodd engaged me to go up the valley of the Minnesota river, and follow out all its tributaries, with the idea of reporting upon its general characteristics and prospects, with reference to the founding of a city at Rock Bend. I was delighted to do anything, or go anywhere, that promised work or adventure. It was to me what the Klondike has been to thousands recently. They furnished me with a good team, and away I went. It was in the winter, but I succeeded in reaching Traverse des Sioux, where I found a collection of Indian trading houses, where flourished Louis Roberts, Major Forbes, Nathan Myrick, Madison Sweetzer and others, who drove a trade with the Sioux. There was also at this point a missionary station, with a schoolhouse, a church, and a substantial dwelling house, occupied by the Rev. Moses N. Adams, who had been a missionary among the Sioux, having been transferred from the station at Lac qui Parle, where he had lived for many years, to this point. But the best find that I made was a young Scotchman by the name of Stuart B. Garvie, who had a shanty on the prairie about midway between Traverse des Sioux and my objective point, Rock Bend. I think that Garvie went up there from St. Anthony, under some kind of a promise from Judge Chatfield, that if ever the courts were organized in that region he would be made clerk. Garvie was delighted to discover me, and I being in search of information, we soon fraternized, and he agreed to go with me on my tour of exploration. We went up the Blue Earth, the Le Sueur, the Watonwan, and, in fact, visited all the country that was necessary to convince me that it was, by and large, a splendid agricultural region, and I decided so to report to my principals.

When I was about to leave for down the river, Garvie insisted that I should return and take up my abode at Traverse des Sioux. The proposition seemed too absurd to me to be seriously entertained, and I said: "I am destitute of funds, and how can a lawyer subsist where there are no people? How can I get a living?" This dilemma, which seemed to me to be insuperable, was easily answered by my new found friend. "Why," he said, "That is the easiest part of it. We can hunt a living, and I have a shack and a bed." The proposition was catching, having a spice of adventure in it, and I promised to consider it.

After making my report, in which I recommended Rock Bend as a promising place for a great city, I told the parties who proposed to purchase Captain Dodd's claim that I would confirm my faith in the success of the enterprise by returning and living at the point. I did so, and found myself farther west than any lawyer in the United States east of the Rocky Mountains, unless he was in the panhandle of Texas. And now comes the singular way in which I made my first fee, if I may call it by that name. It was my first financial raise, no matter what you call it.

Garvie and I had gotten quietly settled in our shanty on the prairie, when one excessively cold night an Indian boy, about thirteen years of age, saw our light, and came to the door, giving us to understand that his people were encamped about four or five miles up the river, and that he was afraid to go any further lest he should freeze to death. He was mounted on a pony, had a pack of furs with him, and asked us to take him in for the night. We of course did so, and made him as comfortable as we could by giving him a buffalo robe on the floor. But we had no shelter for his pony, and all we could do was to hitch him on the lee side of the shanty, and strap a blanket on him. When morning came he was frozen to death. We got the poor little boy safely off on the way to his people's camp, and decided to utilize the carcass of the pony for a wolf bait.

In order to present an intelligent idea of the situation, I will say that the river made an immense detour in front of the future town, having a large extent of bottom land, covered with a dense chaparral, which was the home of thousands of wolves, and as soon as night came they would start out in droves in search of prey.

We hauled the dead pony out to the back of the shanty, and left it about two rods distant from the window. The moment night set in the wolves in packs would attack the carcass. At first we would step outside and fire into them with buck shot from double-barrelled shotguns, but we found they were so wary that the mere movement of opening the door to get out would frighten them, and we had very limited success for the first few nights. Another difficulty we encountered was shooting in the dark. If you have never tried it, and ever do, you will find it exceedingly difficult to get any kind of an aim, and you have to fire promiscuously at the sound rather than the object.

We remedied this trouble, however, by taking out a light of glass from the back window, and building a rest that bore directly on the carcass, so that we could poke our guns through the opening, settle them on the rest, and blaze away into the gloom. We brought our bed up to the window, so that we could shoot without getting out of it, while snugly wrapped up in our blankets. After this our luck improved, and after each discharge we would rush out, armed with a tomahawk, dispatch the wounded wolves, and collect the dead ones, until we had slaughtered forty-two of them. We skinned them, and sold the pelts to the traders for seventy-five cents a piece, which money was the first of our earnings.

It was not long before we ceased to depend on wolf hunting for a living, as immigration soon poured in, and money became plenty. I remember soon after of having seventeen hundred dollars in gold buried in an oyster can under the shanty.

I lived on this prairie for eleven years, and never was happier at any period of my life, and feel assured that I can safely say that no other man ever enjoyed the luxury of hunting wolves in bed.

The pleasure of narrating such adventures for the present generation is, in this instance, marred by the reflection that both Captain Dodd and my old friend Garvie were killed by the Indians in 1862, the former while gallantly fighting at the battle of New Ulm, and the latter at the Yellow Medicine Agency, on the first day of the outbreak.



THE POISONED WHISKY.

I was told by a gentleman at my club the other day that he had read in some magazine that the British army had blown open the tomb of the Mahdi in upper Africa, and had mutilated the body, cutting off the head and sending it to England in a kerosene can. I could hardly believe the story, but he vouched for having read it in a reputable publication, and being a strong hater of the English, affirmed his unqualified faith in the statement. Notwithstanding his position, it seemed to me incredible that such an act of barbarism could be perpetrated by the disciplined soldiery of a civilized nation in the nineteenth century. The conversation so impressed me that I could not drive it out of my mind, and I kept revolving it and making comparisons with events in my own experience, until I concluded that it is more than probable that it took place as related, and have since learned that it actually occurred.

I have seen a good deal of ferocity and savagism, and it was not at all confined to people acknowledged to be barbarians. I remember an instance where I came very near being a party to a scheme, the brutality of which would have made the mutilation of the dead Mahdi commendable in comparison; but fortunately my better nature and second thought overcame my passions, and I was spared the perpetration of the awful crime, the remembrance of which, had it been committed, would undoubtedly have haunted me through life.

Many of the older settlers of Minnesota will remember the horrors of the Indian massacre and war of 1862, when the Sioux attacked our exposed frontiers, and in a day and a half massacred quite a thousand people. They spared neither age nor sex. It was like all such savage outbreaks,—a war against the race and the blood. These atrocities extended over a large and sparsely inhabited area of country, and were usually perpetrated at the houses of the settlers by the slaughter of the entire family, sometimes varied by the seizure of the women, and carrying them off into captivity, which in most instances was worse than death. Every character of mutilation and outrage that could be suggested by the inflamed passions of a savage were resorted to, and so horrible were they that it would shock and disgust the reader should I attempt to describe them. This condition of things was no surprise to me, because it was to be expected from savages; but the more we saw and heard of it, the more exasperated and angered we became, and the more we vowed vengeance should the opportunity come.

I resided on the frontier at the time the outbreak occurred, and murders were committed within eight miles of my home before I heard of it, which was on the morning of the second day. I, of course, immediately, after disposing of my impedimenta in the shape of women and children, took the field against the enemy, and by nine o'clock in the evening of the same day that I heard of the trouble I found myself at the town of New Ulm, a German settlement on the frontier, the extreme outpost of civilization, in command of over one hundred men, armed and ready for battle. We had raised and equipped the company and travelled thirty-two miles since the morning.

When we entered the town it was being attacked by a squad of Indians, about one hundred strong, who had already burned a number of houses and were firing upon the inhabitants, having already killed several. We soon dislodged the enemy, put out the fires, and settled down to await events. This was on Tuesday, the 19th of August. We strengthened the barricades about the town, and did all we could to prepare for a second attack, which we knew would certainly come, and from the combined forces of the enemy, and which did come on the following Saturday. While waiting, numerous squads of whites from the surrounding country reenforced us, and it soon became apparent that someone must be put in command of the whole force, to prevent disorders on the part of the men, as whisky was abundant and free. The honor of the command fell upon me by election of the officers of the various companies, and in the choice of a rank for myself my modesty restrained me to that of colonel. I have often thought since that I lost the opportunity of my life, as I might just as easily have assumed the title of major general.

Every day we sent out scouting expeditions, and brought in refugees, men, women and children, who were in hiding or wounded, and in the most pitiable condition. From these we learned of many additional atrocities, which kept our passions and desire for revenge at fever heat. On Saturday, the 23d, the Indians who had been all the week besieging Fort Ridgely, abandoned that quest, and came down upon us in full force. The attack commenced about half-past nine o'clock on Saturday morning, and the fight raged hotly and viciously for about thirty hours without cessation. I lost in the first hour and a half ten killed and fifty wounded, out of a command of not more than 250 guns. On the afternoon of the next day the Indians gradually disappeared toward the north, and gave us a breathing spell, and then a relief company arrived and the fighting ceased.

On Monday ammunition and provisions were getting short, and fearing a renewal of the attack, I decided to evacuate the town, and go down the Minnesota river to Mankato, a distance of about thirty miles over an open prairie. We had nearly fifteen hundred women and children to take care of, and about eighty wounded men. The caravan consisted of 153 wagons, drawn by horses and oxen; the troops being on foot, and so disposed as to make a good defense if attacked.

Everything being ready for a start, some one suggested to me to set a trap for the Indians, when they should enter the town after our departure, as we all supposed they would, there being an immense amount of loot left behind,—stores full of goods of all kinds, and many other things of value to the savage.

I had, the day before, put a stop to some of the younger men scalping the eight or ten dead Indians who had been dragged into the town from where they had been killed, regarding it as barbarous. The boys would take off a small piece of scalp, and with its long black hair, tie it into their button-holes, as a souvenir to take home with them.

What do you think was the nature of the trap that was proposed to catch the Indians? It makes my blood run cold to think of it, and so disgraceful and diabolical was it that, in all I have said and written about this war in the last thirty-six years, I have never had courage to mention it. Yet as awful as it was, so incensed was I at all the devilish cruelty that had been perpetrated on our people that I at first consented to it, and we went so far as actually to set the trap.

It was proposed to expose a barrel of whisky in a conspicuous place, and put enough strychnine in it to destroy the whole Sioux nation, and then label it "poison" in all the languages spoken in our polyglot country, so that should the first comers be whites they would avoid it, but if Indians, we might have the satisfaction of exterminating them. We actually went so far as to place the barrel where it would attract anyone who should be looking about the main street, which was all that was left of the town, and labelled it in French, English, German, Italian, Swedish and Norwegian, and then put into it eight or ten bottles of strychnine, prepared for destroying wolves, and were about leaving when the thought flashed through my mind: "Suppose a relief squad should be sent to us, and should think the whole matter a joke to cheat them out of a drink, and should sample it and die, as they certainly would, we never could forgive ourselves, and would be really their murderers." My knowledge of the fact that a soldier who had made a long march on a hot day would take big chances for a drink, heightened my apprehension on this view of the subject, and the more I thought the matter over, the more devilish it appeared to me, even if we caught only Indians. I actually felt as though I would be ashamed to meet the spirit of even a savage enemy whom I had disposed of in such a cowardly manner, should we finally be consigned to the same happy hunting grounds, so I took an axe and knocked the head of the barrel in, and let the contents into the street. While I deeply regretted the loss of so much good whisky, I have never thought of the occurrence since without inwardly rejoicing that my better nature and judgment prevented me from committing such an offense against all the laws of honor, humanity and civilization. It turned out that the first arrival was a squad sent by General Sibley to our relief, and from what I know of some of the men composing it, I am quite certain that the warning would have been disregarded. The circumstance, however, proves how deeply the savage instinct is imbedded in human nature, whatever the color of the skin. "Give us strength to resist temptation," has been my prayer ever since.



FUN IN A BLIZZARD.

The winter of 1856, in Minnesota, was characterized by the usual amount of cold weather, snow and storms, and people operating on the frontier were compelled to exercise great care and caution to prevent disasters. All old timers who have had occasion to live beyond the settlements and travel long distances in an open prairie country well know that the danger of being overtaken by storms is one of the most terrible that one can be exposed to. Most of the casualties, however, that result from being caught in these storms may be attributed to want of experience, and consequent lack of preparation to meet and contend with them. I have employed many men of all nationalities in teaming long distances on the prairie frontier in the winter season, and while the American is always reliable and dexterous in emergencies, I have found the French Canadian always the best equipped for winter prairie work, in his knowledge in this line that can only be gained by experience. His ancestors served the early fur companies from Montreal to McKenzie's river, from Hudson's bay to the Pacific, and knew how to take care of themselves with the unerring instinct of the cariboo and the moose, and the generation of them that I came in contact with had inherited all these characteristics.

I have known a brigade of teams, manned by Germans, Englishmen and Irishmen (the Scandinavians had then just begun to make their appearance in the Northwest) to be caught in a winter storm, and result in the amputation of fingers, toes, feet and hands from freezing, but I cannot remember ever losing a Canadian Frenchman. I recall one instance, where a train was overtaken by a severe storm just about evening, where no timber was in sight. The men built barricades with their sleds and loads, and took refuge to the leeward of them, where they passed quite a comfortable night for themselves and their teams. With the coming of the morning light they discovered a timber island not very far off, and started for it with their horses, to make fires, feed the teams, and get breakfast. The storm had abated, and the sun shone brilliantly. One young American lad shouldered a sack of oats, and not realizing that it was very cold, did not put on his mittens, but seized the neck of the sack with his bare hand. When he arrived at the timber all his fingers were frozen, and had to be amputated. It was merely one of the cases of serious injury I have known arising from ignorance.

No one who has not encountered a blizzard on the open prairie can form an adequate idea of the almost hopelessness of the situation. The air becomes filled with driving, whirling snow to such an extent that it is with difficulty you can see your horses, and the effect is the same as absolute darkness in destroying all conception of direction. You may think you are going straight forward when in fact you are moving in a small circle; the only safety is to stop and battle it out.

I remember a case which happened in this region before it became Minnesota which fully proves the dangers of a blizzard to a traveler on the open prairie. Martin McLeod and Pierre Bottineau, together with an Englishman and a Pole, started from Fort Garry for the headwaters of the Minnesota river. They were well equipped in all respects, having a good dog train, and, in Bottineau, one of the most experienced guides in the Northwest. While the party was in sight of timber it was suddenly enveloped in a blizzard, and, of course, wanted to reach the timber for safety. Here a controversy arose as to the direction to be taken to find it, the Englishman and the Pole insisting on one line, and McLeod and Bottineau on another. They separated. McLeod took the dogs, and he and they soon fell over a precipice and were covered up in a deep snow drift, where they remained quite comfortably through the night. Bottineau through his instincts reached the timber, and was safe, where he was joined the next morning by McLeod. The Englishman was afterwards discovered so badly frozen that he died, while the Pole was lost. The only trace of him that was ever discovered was his pistols, which were found on the prairie the next spring, the wolves having undoubtedly disposed of his remains.

The remedy for these dangers is to avoid them by a close scrutiny of the weather, and by never venturing on a big prairie if you can by any means avoid it, and always being abundantly supplied with food for yourself and animals, whether horses or dogs, besides fuel, matches, blankets, robes, and all the paraphernalia of a snow camp, should you have to make one. No people are more careful in these particulars than the Indians themselves, from whom the French voyageurs undoubtedly learned their lessons.

To give an idea of how treacherous the weather may be, and of what dangers frontier people are subjected to, I will relate an adventure in which I participated when living in the Indian country, which, however, turned out pleasantly. I had been at my Redwood agency for several days, and it became important that I should visit my upper agency, situated on the Yellow Medicine river, about thirty miles distant, up the Minnesota river. After crossing the Redwood river, the road led over a thirty-mile prairie, without a shrub on it as big as a walking stick. The day was bright and beautiful, and the ride promised to be a pleasant one, so I invited my surgeon, Dr. Daniels, and his wife to accompany me. They gladly accepted, and Mrs. Daniels took her baby along. (By the way, this baby is now the elder sister of the wife of one of our most distinguished attorneys, Mr. John V. I. Dodd.) Mr. Andrew Myrick, a trader at the agency, learning that we were going, decided to accompany us, and got up his team for the purpose, taking some young friends with him, and off we went.

I had early taken the precaution to construct a sleigh especially adapted to winter travel in this exposed region. It had recesses where were stowed away provisions, fuel, tools, and many things to meet possible emergencies. The cushions were made of twelve pairs of four-point Mackinaw blankets, and the side rails were capable of carrying two carcasses of venison or mutton, so I felt quite capable of conquering a blizzard.

I may say here that I had a surgeon at each agency, who were brothers, Dr. Asa W. Daniels at the lower agency and Dr. Jared Daniels at the upper, and this excursion presented a pleasant opportunity for the families to meet. The upper agency was in charge of my chief farmer, a Scotch gentleman by the name of Robertson. He was a mystery which I never unravelled,—a handsome, aristocratic, highly educated man about seventy years of age, with the manners of a Chesterfield. He had been in the Indian country for many years, had married a squaw, and raised a numerous family of children, and had been in the employment of the government ever since the making of the treaties. I always thought he once was a man of fortune, who had dissipated it in some way, after travelling the world over, and had sought oblivion in the wilds of America.

There was a large comfortable log house at the Yellow Medicine agency, occupied by Robertson, which answered for all his purposes, both business and domestic, and furnished a home and office for me when I happened to be there; and on one occasion, during the Ink-pa-du-ta excitement, I found it made a very efficient fort for defense against the Indians.

Our trip was uneventful, and we arrived in the evening. That night a blizzard sprang up that exceeded in severity anything of the kind in my experience, and I have had nearly half a century of Minnesota winters. It raged and rampaged. It piled the snow on the prairie in drifts of ten and twenty feet in height. It filled the river bottoms to the height of about three feet on the level. It lasted about ten days, during which time, we of course, did not dream of getting out, but amused ourselves as best we could. It was what the French called a poudre de riz, where there is more snow in the air than on the ground. Although I have been entertained in many parts of the world, and by many various kinds of people, I can say that I never enjoyed a few weeks more satisfactorily than those we spent under compulsion at the Yellow Medicine river on that occasion.

Personal association with Mr. Robertson was not only a delight, but an education. He had been everywhere, and knew everything. He was charming in conversation and magnificent in hospitality, and the unique nature of his entertainment under his savage environments lent an additional charm to the situation. He soon became aware that we needed something exciting to sustain us in our enforced imprisonment, and he produced fiddlers and half-breed women for dancing. He gave us every day a dinner party composed of viands unknown outside of the frontier of North America. One day we would have the tail of the beaver, always regarded as a great delicacy on the border; the next, the paws of the bear soused, which, when served on a white dish, very much resembled the foot of a negro, but were good; then, again, roasted muskrat, which in the winter is as delicate as a young chicken; then fricasseed skunk, which, in season, is free from all offensive odor, and extremely delicate,—all served with le riz sauvage. In fact, he exhausted the resources of the country to make us happy.

But Robertson's menu was the least part of it. Every evening he would assemble us, and read Shakespeare and the poetry of Burns to us. I never understood or enjoyed Burns until I heard it read and expounded by Robertson.

The time passed in this pleasant fashion until we commenced to think we were "snowed in" for the winter, and I began to devise ways and means for getting out. I had to get out; but how, was the question. To cross the prairie was not to be thought of; we could not get an Indian to venture over it on snowshoes, let alone driving over it. Nothing had been heard of us below, and, as we learned afterwards, the St. Paul papers had published an account of our all being frozen to death, with full details of Andrew Myrick being found dead in his sleigh, with the lines in his hands and his horses standing stiff before him.

I decided that an expedition might work its way through on the river bottoms, and we could follow in its trail. So I sent out a party with several heavy sleds, loaded with hay, and each drawn by four or five yoke of oxen to beat a track. They returned after several days' absence, and reported that the thing was impossible, and they could not get through. I then called for volunteers, and the French Canadians came to the front. I allowed them to organize their own expedition. They took their fiddles with them, and the agreement was, that if we didn't hear from them in five days, we were to consider that they were through, and we could follow. The days passed one after the other, and at the expiration of the time, we all started, and laboriously followed the trail they had beaten. We noticed their camps from day to day, and saw that they had not been distressed, and found them, at the end of the journey, as jolly as such people always are, whether in sunshine or storm.

It is much more agreeable to write about blizzards than to encounter them.



LAW AND LATIN.

In the beginning of the settlement of the Minnesota valley, in the early fifties, a man named Tom Cowan located at Traverse des Sioux. His name will be at once recognized by all the old settlers. He was a Scotchman, and had been in business in Baltimore. Financial difficulties had driven him to the West, to begin life anew and grow up with the country. He was a very well read and companionable man, and exceedingly bright by nature, and at once became very popular with the people. His first venture was in the fur trade, but not knowing anything about it, his success was not brilliant. I remember that he once paid an immense price for a very large black bearskin, thinking he had struck a bonanza. He kept it on exhibition, until one day John S. Prince, who was an experienced fur buyer, dropped in, and after listening to Cowan's eulogy on his bear skin, quietly remarked: "He bear; not worth a d—n," which decision induced Tom to abandon the fur trade.

There being no lawyer but one at Traverse des Sioux, and I having been elected to the supreme bench, Mr. Cowan decided to study law, and open an office for the practice of that profession. He accordingly proposed that he should study with me, which idea I strongly encouraged, and after about six weeks of diligent reading, principally devoted to the statutes, I admitted him to the bar, and he fearlessly announced himself as an attorney and counselor at law. In this venture he was phenomenally successful. He was a fine speaker, made an excellent argument on facts, and soon stood high in the profession. He took a leading part in politics, was made register of deeds of his county, went to the legislature, and was nominated for lieutenant governor of the state after its admission into the Union; but, of course, in all his practice he was never quite certain about the law of his cases. This deficiency was made up by dash and brilliancy, and he got along swimmingly.

One day he came to my office and said: "Judgey, I am going to try a suit at Le Sueur to-morrow that involves $2,500. It is the biggest suit we have ever had in the valley, and I think it ought to have some Latin in it, and I want you to furnish me with that ingredient." I said: "Tom, what is it all about? I must know what kind of a suit it is before I can supply the Latin appropriately, and especially as I am not very much up in Latin myself."

He said the suit was on an insurance policy; that he was defending on the ground of misrepresentations made by the insured on the making of the policy, and he must have some Latin to illustrate and strengthen his point.

I mulled over the proposition, looked up some books on maxims, and finally gave him this, "Non haec in federe veni," which I translated to mean, "I did not enter into this contract." He was delighted, and said there ought to be no doubt of success with the aid of this formidable weapon, and made me promise to ride down with him to hear him get it off. So the next day we started, and in crossing the Le Sueur prairie, Cowan was hailed by a man who said he was under arrest for having kicked a man out of his house for insulting his family, and he wanted Tom to defend him. The justice's court was about a mile from the road, in a carpenter shop, the proprietor of which was the justice. Tom told him to demand a jury, and he would stop on his way back and help him out.

When we arrived at Le Sueur we found that the case could not be heard that day, and, starting homeward, about four o'clock we reached the carpenter shop. There we found the jury awaiting us. We hitched the team, and I spread myself comfortably on a pile of shavings to witness the legal encounter. The complaining party proved his case. Cowan put his client on the witness stand, and showed the provocation. Then he addressed the jury. His defense was, want of criminal intent. He dwelt eloquently on the point that the gist of the offense was the intent with which the act was committed, and when it appeared that the act was justified, there could be no crime. Then, casting a quizzical glance at me, he struck a tragic attitude, and thundered out: "Gentlemen of the jury, it is indelibly recorded in all the works of Roman jurisprudence, 'Non haec in federe veni,' which means there can be no crime without criminal intent." The effect was electrical; the jury acquitted the prisoner, and we drove home fully convinced that the law was not an exact science. With what effect Tom utilized his Latin in the insurance suit I have forgotten, or was never advised.



INDIAN STRATEGY.

In the summer of 1856 I had the celebrated battery commanded by Major T. W. Sherman of the United States Army (better known as the Buena Vista Battery, from the good work it did in the Mexican war) on duty in the Indian country, on account of a great excitement which prevailed among the Indians. The officers of the battery were Major Sherman, First Lieutenant Ayer, and Second Lieutenant Du Barry. Its force of men was about sixty, including noncommissioned officers. I think it had four guns, but of this I am not certain.

One day, after skirmishing about over considerable country, we made a camp on the Yellow Medicine river, near a fine spring, and everything seemed comfortable. The formation of the camp was a square, with the guns and tents inside, and a sort of a picket line on all sides about a hundred yards from the center, on which the sentinels marched day and night. I tented with the major, and seeing that the Indians were allowed to come inside of the picket lines with their guns in their hands, I took the liberty of saying to him that I did not consider such a policy safe, because the Indians could, at a concerted signal, each pick out his man and shoot him down, and then where would the battery be? But the major's answer was, "Oh, we must not show any timidity." So I said no more, but it was just such misplaced confidence that afterwards cost General Canby his life among the Modocs, when he was shot down by Captain Jack. Things went on quietly, until one day a young soldier went down to the spring with his bucket and dipper for water, and an Indian who desired to make a name for himself among his fellows followed him stealthily, and when he was in a stooping posture, filling his bucket, came up behind him, and plunged a long knife into his neck, intending, of course, to kill him; but as luck would have it, the knife struck his collarbone and doubled up, so the Indian could not withdraw it. The shock nearly prostrated the soldier, but he succeeded in reaching camp. The major immediately demanded the surrender of the guilty party, and he was given up by the Indians. I noticed one thing, however; no more Indians were allowed inside the lines with their guns in their hands.

When the prisoner was brought into camp a guard tent was established, and he was confined in it, with ten men to stand guard over him. These men were each armed with the minie rifle which was first introduced into the army, and which was quite an effective weapon.

While all this was going on, we were holding pow-pows every day with the Indians, endeavoring to straighten out and clear up all the vexed questions between us. The manner of holding a council was to select a place on the prairie, plant an American flag in the center, and all hands squat down in a circle around it. Then the speechifying would commence, and last for hours without any satisfactory results. Anyone who has had much experience in Indian councils is aware of the hopelessness of arriving at a termination of the discussion. It very much resembles Turkish diplomacy. But the weather was pleasant, and everybody was patient.

The Indians, however, were concocting plans all this time to effect the escape of the prisoner in the guardhouse. So one day they suggested a certain place for the holding of the council, giving some plausible reason for the change of location, and when the time arrived, everybody assembled, and the ring was formed. Those present consisted of all the traders, Superintendent Cullen, Major Sherman, Lieutenant Ayer,—in fact, all the white men at the agency,—and about one hundred Indians, everyone of whom had a gun in his hands. I had warned the major frequently not to allow an Indian to come into council with a gun, but he deemed it better not to show any timidity, and they were not prohibited. The council on this occasion was held about four hundred yards from the battery camp, and on lower ground, but with no obstruction between them. The scheme of the savages was to spring to their feet on a concerted signal and begin firing their guns all around the council circle, so as to create a great excitement and bring everyone to his feet, and just at this moment the prisoner in the guardhouse was to make a run in the direction of the council, keeping exactly between the guard and the whites in the council ring, believing that the soldiers would not fire for fear of killing their own people. When the time arrived every Indian in the ring jumped to his feet and fired in the air, creating a tremendous fusilade, and as had been expected, the most frightful panic followed, and everyone thinking that a general massacre of the whites had begun, they scattered in all directions. Instantly the prisoner ran for the crowd, and an Indian can sprint like a deer. Contrary to expectations, every one of the ten guards opened fire on him, and seven of them hit him, but curiously not one of the wounds stopped his progress, and he got away; but the bullets went over and among the whites, one ricocheting through the coat of Major Cullen. The prisoner never was caught, but I heard a great deal about him afterwards. His exploit of stabbing the soldier and his almost miraculous escape made him one of the most celebrated medicine men of his band, and he continued to work wonders thenceforth.

After the return of the battery I was informed by my close friends among the Indians that they had sat on the hills overlooking the camp and concocted all kinds of schemes to take it, the principal one of which was to fill bladders with water, and pour them over the touch-holes of the guns, and, as they supposed, render them useless, and then open fire on the men. Fortunately nothing of the kind was tried, but I was convinced that no one can be too cautious when in the country of a savage enemy. A good lesson can be learned from this narrative by the people now occupying the country of the Filipinos.

One pleasing circumstance resulted from the presence of this battery in the Indian country. About thirty years after the occurrences I have been narrating I had occasion to transact some business with the adjutant general of our state at his office in the capitol, and after completing it I was about to retire, when the general said to me: "Judge, you don't seem to remember me." I replied: "General, did I ever have the pleasure of your acquaintance?" "Not exactly," he said, "but don't you remember the time when you had the old Sherman Battery in the field, with its tall first sergeant?" I said: "I recall the event quite clearly, but not the sergeant." He said: "One day, after a long, hot march, I was laying out the camp, and you were sitting on your horse observing the operation, when you noticed me and called me to you, and pulling a flask from your pocket or holster, you asked me to take a drink. That is a long time ago, but I remember it as the best drink I ever had, and I always associate you pleasantly with it." The tall sergeant had matured into a most dignified and charming gentleman, with whom I have ever since enjoyed the most agreeable relations.

The moral of this story is, that when you are in the country of hostile savages, never accept any confidences or take any chances, and when you have more drinks than you can conveniently absorb, divide with your neighbor.



THE FIRST STATE ELECTION RETURNS FROM PEMBINA.

The State of Wisconsin was admitted into the Union in the year 1848, with the St. Croix river as its western boundary. This arrangement left St. Paul, St. Anthony, Stillwater, Marine, Taylor's Falls and other settlements, which had sprung up in Wisconsin west of the St. Croix, without any government. The inhabitants of these communities immediately sought ways and means to extricate themselves from the dilemma in which they were placed. There were a great many men among them of marked ability and influence—Henry M. Rice, Henry H. Sibley, Morton S. Wilkinson, Henry L. Moss, John McKusick, Joseph R. Brown, Martin McLeod, Wm. R. Marshall and others. Differences of opinion existed as to whether the remnant of Wisconsin on the west side of the St. Croix still remained the Territory of Wisconsin or whether it was a kind of "no man's land," without a government of any kind. Governor Dodge of the territory had been elected to the senate of the United States for the new state. The delegate to congress had resigned, and the government of the territory had been cast upon the secretary, Mr. John Catlin, who became governor ex-officio on the vacancy happening in the office of governor. He lived in Madison, in the new state, and would have to move over the line into the deserted section if he proposed to exercise the functions of his office. A correspondence was opened with him, and he was invited to come to Stillwater, and proclaim the existence of the territory by calling an election for a delegate to congress from Wisconsin Territory. He accepted the call, moved to Stillwater, and in the month of September, 1848, issued his proclamation. An election was held in November following, and Henry H. Sibley was chosen delegate from Wisconsin Territory to the congress of the United States.

Sibley procured the passage of an act, on March 3, 1849, organizing the Territory of Minnesota, and we have had regular elections ever since.

There is a little unwritten history connected with the transaction above related. The principal citizens west of the St. Croix fixed things up among the settlements in a manner entirely satisfactory to themselves. They divided the prospective spoils about as follows: Sibley lived at Mendota, and that place was to have the delegate to congress, St. Paul was to have the capital, Stillwater the penitentiary, and St. Anthony the university, which comprised all there was to divide. The program was faithfully carried out, and has been maintained ever since, although various attempts have been made to violate the treaty by the removal of the capital from St. Paul; but I am glad to be able to say, in behalf of honesty and fair dealing, none of them have been successful.

The existence of this unwritten treaty has been denied, but there are men yet living in the state who took part in it, and have publicly affirmed its authenticity. Judge Douglas of Illinois, when chairman of the senate committee on territories, insisted on placing the capital at Mendota, with the building on the top of Pilot Knob, and had it not been for the stern integrity of Sibley, he would have succeeded, to the everlasting inconvenience and discomfort of our people.

There were really no politics worthy of the name during the years of the territory. All the principal offices were filled by appointment by the general government, and the rest of them determined by personal rivalries. The main business of the territory was the fur trade, carried on by warring companies, whose chief factors sought office more for the sake of its influence on their business than for the principles they represented.

I remember one year the legislature, in a spasm of virtue, passed a prohibitory liquor law, which the supreme court, under the influence of a counter spasm, immediately set aside as unconstitutional. Outside of the cities, where the missionaries exerted a strong influence, the contention was usually whisky or no whisky; in fact, there was very little else to fight about.

The first government was appointed by the Whigs (the Republican party being yet unborn), and as Governor Ramsey was from Pennsylvania, we had a great influx of immigration from that state. The second governor (Gorman) was appointed by the Democrats, and came from Indiana, and the people of that state being much more migratory than the Pennsylvanians, we were flooded with Hoosiers. These various influences caused differences of opinion and interests sufficient to keep the political pot boiling quite lively, but on lines that were necessarily personal and temporary in their bearing. We soon, however, approached the more important subject of statehood, and, strange as it may seem to the present generation, the question of slavery was a strong factor. The Republican party was born about 1854, and as its principal creed was opposition to the extension of slavery, its followers naturally forced the subject into the politics of the day. I can, however, positively affirm that no one of any political faith had the slightest idea of introducing slavery into Minnesota. A constitution for the proposed state was framed in 1857, and in the fall of that year the election for the officers of the first state government was held, and, of course, great interest was manifested as to the result. The general election was fixed by law for November in all of the counties of the territory except one. The county of Pembina was so distant from the capital that it was found to be difficult to get the returns in so as to be counted with those of the rest of the state. The only transportation between the two places was by Red River carts, drawn by oxen in the summer, and by dog trains in the winter; the distance to be travelled was about four hundred miles, and the time necessary to compass it nearly or quite a month. The legislature had, in 1853, in order to remedy this difficulty, and because the population was on its annual buffalo hunt in November, passed an act fixing the time for holding elections in the county of Pembina on the second Tuesday in September in each year, thus giving ample opportunity to get the returns to the authorities in St. Paul in time to be counted with those from the other districts. The result of this was that no one outside of Pembina ever knew how many votes had been polled in that district until long after the rest of the territory had been heard from, and it became a common saying among the Whigs that the Pembina returns were held back until it became known how many votes were necessary to carry the election for the Democrats, and that they were fixed accordingly, which the Democrats denounced as a Whig lie.

About all that was known of Pembina was that it was inhabited by a savage looking race of Chippewa half-breeds, and that Joe Rolette lived there, and Norman W. Kittson went there occasionally. It carried on an immense trade in furs with St. Paul, by means of brigades of Red River carts each summer and by dog trains in the winter, and the more you saw of these people the more you were impressed with their savage appearance and bearing.

The first state election, curious as it may appear, was held in 1857, before the state was admitted into the Union, which latter event was postponed until May 11, 1858, and when the votes from all the counties except Pembina had been returned to the proper officer the result, as far as could be ascertained before the official count was made, was somewhat in doubt, which circumstance naturally excited great interest in the Pembina election, as it was well known that all the votes from that district would be Democratic, so the great question was, "How many?"

While the country was holding its breath in suspense and expectancy, a man in the Indian trade, named Madison Sweetzer, came to me about two o'clock one night, or rather morning, and told me that Nat. Tyson, who was a merchant in St. Paul and an enthusiastic Republican, had just started for the north with a fast team and an outfit that looked as if he contemplated a long journey, and his belief was that he intended to capture Joe Rolette and the Pembina returns. I thought such might be the case, and we immediately began to devise ways and means to circumvent him. We hastened to the house of Henry M. Rice, who knew every trader and half-breed between here and Pembina, and laid our suspicions before him. He diagnosed the case in an instant, and sent us to Norman W. Kittson, who lived in a stone house well up on Jackson street, with instructions to him to send a mounted courier after Tyson, who was to pass him on the road, and either find Rolette or Major Clitheral, who was an Alabama man and one of the United States land officers in the neighborhood of Crow Wing (and, of course, a reliable Democrat), and to deliver a letter to the one first found, putting him on guard against the supposed enemy. I prepared the letter, and Kittson in a few moments had summoned a reliable Chippewa half-breed, mounted him on a fine horse, fully explained his mission, and impressed upon him that he was to reach Clitheral or Rolette ahead of Tyson, if he had to kill a dozen horses in so doing. There is nothing a fine, active young half-breed enjoys so much as an adventure of this kind; a ride of four hundred miles had no terrors for him, and to serve his employer, no matter what the duty or the danger, was his delight. When he was ready to start, Kittson gave him a send-off in about the following words: "Va, va, vite, et ne t'arrette pas, meme pour sauver la vie" ("Go; go quick; and don't stop even to save your life"), and giving his horse a vigorous slap, he was off like the wind.

The result was that he passed Tyson before he had gone twenty miles, found Clitheral a day and a half before Tyson reached Crow Wing, if he ever did get there, delivered his letter, and the major immediately started to find Rolette, which he succeeded in doing, took the returns and put them in a belt around his person, and having relieved Joe of all his responsibility, left him to his own devices, which meant painting all the towns red that he visited on his way. We well knew that Joe could no more resist the temptations of civilization than an old sailor returning from a long voyage, and what we apprehended was that he might, while in a too-convivial mood, either lose the returns, or have them stolen from him.

The tone of the letter was so urgent that the major did not know but that half the Republicans in St. Paul might be lying in wait to capture him, so he did not enter the town directly, but went to Fort Snelling, and left the returns with an officer of the army, and then proceeded to St. Paul. When we explained to him that no one but Rice, Kittson, Sweetzer and myself knew anything about the matter, he was relieved, but still cautious. He waited for a few days, and then proposed to a lady to take a ride with him to Fort Snelling. When they started home, he gave her a bundle and asked her to care for it while he drove, which she unsuspectingly did, and that is the way the Pembina returns of Minnesota's first state election reached the capital. It is needless to say how many votes they represented, but only to announce that the election went Democratic.

Whether Tyson had any idea of doing what we suspected him of, I never discovered, but if that was his purpose, he had a long ride for nothing, and as our scheme terminated so successfully, I am willing to acquit him of the charge.



A FRONTIER STORY WHICH CONTAINS A ROBBERY, TWO DESERTIONS, A CAPTURE AND A SUICIDE.

In 1856 I was United States Indian agent for the Sioux. My agencies were at Redwood, about thirteen miles above Fort Ridgely, and at Yellow Medicine, on a river of that name, emptying into the Minnesota about fifty miles above the fort. Under the treaties with these Indians the government paid them large sums of money and great quantities of goods, semi-annually, at the agencies. Up to a short time before the event which I am about to relate these payments were made by the agent, but, for some reason best known to the government, the making of the payment was turned over to the superintendent of Indian affairs having charge of the tribes. The manner of making these payments before the change was this: I would receive from the superintendent, at St. Paul, the money, in silver and gold (this being long before the days of greenbacks), amounting to a full wagon load, and take it up to the agencies, while the goods would be delivered by the contractors in steamboats, a census of the Indians would be taken, and the money and goods equally divided among them.

After this duty was withdrawn from the agents and imposed upon the superintendents, of course all responsibility for the money and goods was shifted from the former and laid upon the latter, which was to me a great relief, as I had transported many wagon loads of specie from St. Paul to the agencies without guard, and at great personal and financial risk. A payment was due early in July, 1857, and the superintendent had brought the money as far as Fort Ridgely. Arriving at that point, news came of much excitement among the Indians at the agencies, which was not at all unusual, as thousands of savage fellows used to come in from the Missouri river country, and make trouble for our tribes about payment time, and the superintendent decided it was prudent to leave the money at Fort Ridgely until matters quieted down. There was no vault or other safe place in which to deposit the money at the fort, so it was placed in a room occupied by the quartermaster's clerk, a Frenchman, an enlisted man, and he, with another soldier, a German, who was the post baker, were put in charge of it. This Frenchman had been selected from the ranks of Captain Sully's company and made quartermaster's clerk on account of his superior education, his excellent penmanship and his good character. I always have thought he was some unfortunate young gentleman, serving under an assumed name. The money was all in stout wooden mint boxes, holding each $1,000 in silver, and in gold about $25,000 or more, there being usually one or two boxes of gold. The boxes were spread on the floor of the room, and the men slept on them.

The constitutional convention to frame the organic law for the proposed State of Minnesota had been called to convene in St. Paul, on the thirteenth day of July, 1857, and the people of the Minnesota valley had done me the honor to elect me a member of it. I had delayed starting for St. Paul until a day or two before the meeting of the convention, and having heard rumors that there would be trouble in organizing it, I felt very anxious to be there on the opening day. The only mode of transportation, except the river, in those days, was the little canvas-covered stages of Messrs. M. O. Walker & Co., which would hold four inside comfortably, and six on a pinch. When the down stage reached Traverse des Sioux, on the morning of the 11th of July, it was full; that is, there were five inside, three on the back seat, and two on the front, and one man on the seat with the driver. I insisted strenuously on going, and said I would ride in the boot rather than not go at all, my insistence, of course, having reference to my desire to be at the opening of the convention. I was admitted, and took my place on the front seat, with my back to the driver, and my knees interlocked with those of the passenger on the back seat who faced me. At this time I had heard nothing of what had happened at the fort. The fact was that the two men who had been placed in charge of the money had opened one of the boxes of gold, taken out a bag containing $5,000 in quarter eagles, and sealed it up again. When the superintendent sent down for his money, and it was loaded into the wagon, the two soldiers immediately deserted, which, of course, excited the suspicions of the officers. A courier was at once dispatched to the agency to see if the money was all right, and the theft was soon discovered. The superintendent, who was then Major Cullen, had handbills struck off, giving the description of the deserters, and offering $600 for their capture and the return of the money. Couriers were dispatched in all directions to effect their arrest, and one of the handbills reached Henderson, which was the county seat of Sibley county, some twenty miles down the river from the point at which I took the stage. A deputy sheriff of that county had started out to hunt the thieves and secure the reward, carrying one of the handbills with him, and had proceeded up the river as far as Le Sueur, about half way between Traverse des Sioux and Henderson.

It is well to state here that the stages carried the mails, and always stopped at the post towns long enough to deliver the incoming and receive the outgoing mails, which afforded time for a bit of gossip, a drink, and a stretch of the legs. There were two postoffices in Le Sueur, in upper town and lower town, about a mile and a half apart. As soon as the stage stopped at upper town, the deputy sheriff handed me the handbill through the window, announcing the theft and describing the thieves. I read it right in the face of my vis-a-vis, and after congratulating myself that I had no responsibility for the lost money, I remarked to the sheriff: "Of course, you don't expect to find these fellows on the main thoroughfare. They are probably now going down the Missouri in a canoe." Nothing more occurred until we arrived at the lower town postoffice, where we again stopped to change the mails.

Let me here state that the man in front of me was the Frenchman, and the man on the front seat with the driver was the German, the deserting thieves. The Frenchman was slight of build, but the German was a powerful fellow, and had in his hand a double-barrelled shotgun. I, of course, had no idea of their identity at this time; but they, and especially the Frenchman, knew me perfectly well, having frequently seen me about the garrison. They had construed my anxiety to go on the stage into the belief that I knew them, and was after them, and had made my remark to the sheriff as a mere blind connected with some other scheme for their capture. It must have been a trying ordeal for the man in front of me, who was evidently watching my every move, and feeling the weight of his guilt, supposed I knew all about it.

While we were waiting the change of mail at Lower Le Sueur, the deputy sheriff asked me to get out of the stage, and said to me: "Major [I was called major in those days], had we not better take another look at those fellows in the stage? They are going out of the country when everybody is coming in. It looks to me suspicious." I agreed with him, and took another look. I at once discovered that they were both dressed from head to foot in new slop-shop clothes, indicating the necessity for an entire change of costume, and I concluded from this clue there were sufficient grounds to suspect them. So the deputy sheriff said: "You hold the stage ten or fifteen minutes, and I'll go to Henderson, and take out a warrant, and arrest them on the arrival of the stage; so that, if we are mistaken, no particular harm will be done." He started on. I got my hand-bag out of the boot, and buckled on my six-shooter, all of which was seen by the thieves, who must have fully understood the program; at least, such must have been the case with the Frenchman, as subsequent events led me to doubt whether the German was a participant in the theft, or more than a mere deserter. I had a sense of uneasiness about the double-barrelled shotgun carried by the German, but I thought I could handle the other man. We started, and, much to my relief, when we reached the ferry over the river, the German fired one barrel of his gun at a pigeon, and snapped several caps on the other, which refused to go off. As we approached Henderson, quite a crowd had gathered at the hotel to see the arrest, and just as the stage swung up to the sidewalk, the Frenchman took out of his pocket a small penknife, the largest blade of which could not have been over four inches long. He opened it so quietly that it did not excite my apprehensions in the least, although I had my right hand on my six-shooter, intending to draw and cover him the moment the stage stopped. He made a desperate lunge at his breast with the knife, and handing me a carpetbag which lay on his lap, he said, "The money is all in this bag, sir," just as if we had been talking the whole matter over. I, fearing that he might strike at me with the knife, drew my revolver and struck him sharply over the knuckles, making the knife fly out of the window, and seizing him by the throat with my left hand, I covered him with my pistol. The stage stopped. Retaining my hold on him, and still covering him with my pistol, we got out of the stage, on the sidewalk. He wavered for a second, and fell dead. He had put the knife an inch into his heart. I found in a belt on his body, and in the bag $5,320 in gold, which I deposited in the United States land office, at Henderson, subject to the order of Major Cullen, who got it all in good time. The Frenchman had in his pocket some letters from a lady in Strasburg, written in French, conveying some very tender sentiments. I never thought he was a bad man, but had yielded, as many do, to a strong temptation, and had decided to die rather than be captured. It was not more than twenty minutes before we were on our way to St. Paul. As no evidence connected the German with the theft, he was sent back simply as a deserter.

A curious question arose as to the reward. Major Cullen insisted on giving it to me. I knew very well that, had it not been for the superior detective sagacity of the deputy, the thieves would never have been caught, so I refused it, as I would have done under any circumstances. Then the sheriff claimed it, and finally the major left its disposition to me, and I divided it between the sheriff and the deputy, partly because I thought it just, and partly to keep the peace in the sheriff's official family. Where the extra $320 came from, or where it went, I never knew nor cared.



THE PONY EXPRESS.

As western settlement progressed after the purchase of the Louisiana territory from France in 1803, it gradually extended up the west side of the Mississippi, until the State of Missouri was admitted into the Union, in 1820, which was followed by the States of Iowa and Minnesota, along the line of the Mississippi, and Kansas and Nebraska, on the Missouri. The Mexican War occurred in 1846, and as one of its fruits California was ceded to the United States, and was admitted to the Union in 1850. The territory which now composes the States of Washington, Oregon and Idaho was finally determined to belong to our country by the treaty with Great Britain, which was signed July 17, 1846, fixing the boundary line between us and the British possessions at the forty-ninth parallel of north latitude. These extreme western acquisitions gave us an immense coast line on the Pacific Ocean, leaving a stretch of country between our Pacific and central possessions, on the Missouri, of considerably over two thousand miles in extent, which was uninhabited by whites, and composed the hunting grounds of many savage tribes of Indians and the pasture ranges of countless herds of buffalo. This vast area of country was practically unknown and unexplored, although it had been crossed by the expeditions of Lewis and Clark, in 1805-1806, John Jacob Astor in 1811, Captain Bonneville in 1832, Marcus Whitman in 1836, and John C. Fremont in 1843, to which sources of information may be added the prejudiced reports of the Hudson Bay Company.

When California was ceded to us by Mexico, very little was thought of it as an acquisition to our possessions. It was looked upon as a country out of which a small trade in hides and tallow might grow, but nothing more. I have heard it denounced on the floor of the house of representatives, in Washington, by some of the wisest statesmen of the day, as a bear garden, unfit for the use of civilized man; but prophets usually make bad work of matters about which they know absolutely nothing, which was the case with California in 1848. However, adventurous spirits soon found their way there, as they have always done in Western America, and in 1848 or 1849 gold was found accidentally by Captain Sutter, in digging a mill-race on his ranch, which discovery at once settled the status and fortunes of California. The news soon reached the States, and spread like a prairie fire on a windy day. All the subsequent gold excitements of Frazier river, down to and including the Klondike, have been insignificant in comparison. I was in New York at the time, and used to sit on the East river wharves, and see the ships sailing away for distant California with an insatiable boyish longing to join in the procession.

There was no way of reaching the promised land except by a voyage around Cape Horn or an overland trip from western Missouri across the great American desert, the Rocky and Sierra Nevada ranges of mountains, either of which routes necessitated a weary and dangerous trip of nine months' duration. The usual plan adopted in the East was to form a company of about one hundred or more men, calculate the probable expense to each, and divide it, purchase an old whaling ship, fit her up with bunks and cooking appliances, and get an outfit and sail. Of course, there was nothing involved in the enterprise but the departure, the voyage and the arrival at San Francisco. No steamer had ever crossed the ocean at this time, and all navigation was done in sailing ships. So great was the rush that a scarcity of ships was soon felt. I remember distinctly on one occasion, when an old played-out vessel, purchased by a party which proposed to take out a printing press and start the first newspaper, was seized by the maritime authorities and condemned as unseaworthy just as she was leaving port. The next morning she was gone, and made one of the quickest and most successful voyages of the emigration. It is a curious fact that, out of all the ships that enlisted in this hazardous enterprise, not one was lost or seriously damaged.

The overland route involved more dangers and hardships than the one by sea. Many people died on the way from exhaustion and disease, and many were killed by the Indians, but the emigration never ceased, or even lessened, from these reasons. I have followed the trails made by these emigrants in the Sierra Nevadas, and it seemed almost impossible that animals could have climbed the precipitous mountain slopes they encountered. These hardships, however, did not go unrewarded, because to enjoy the distinction of being a "Forty-niner" was ever afterwards a badge of nobility on the Pacific Coast.

It was not long, under this vast influx of immigration, before California became a well settled state, and its business relations with the rest of the country, or as it was then called, "The States," became very extensive and important, and the difficulty of intercommunication was seriously felt. There were no telegraphs and no railroads, and no way for business men to correspond with each other except across a continent on wheels or around a continent by sea. What was to be done? It did not take the genius of American enterprise long to solve the problem. The overland immigration and its incidents had developed a class of men skilled in horsemanship, Indian fighting, and all the accomplishments that attend the latter, such as courage, wary intelligence, and a peculiar sagacity in trailing and scouting, only learned by intercourse with wild animals and wild men. Such men, for instance, as Col. Wm. Cody, now celebrated as "Buffalo Bill," and Robert Haslam, distinguished as "Pony Bob," are its best representatives. This class of men much resembled the rough riders of to-day, and could be relied upon for any enterprise that involved adventure, courage and endurance. At the same time, the country was not lacking in a higher degree of intellect which could conceive a project that would call into play the utmost ability of this class of men.

California had been, and I think was, in 1860, represented in the senate of the United States by Senator Guin, who was associated with Alexander Majors and Daniel E. Phelps in transportation matters. They conceived the project of reducing the time between the Pacific Coast and the States by the establishment of an express, from St. Joseph, on the Missouri river, to Sacramento in California, a distance of about two thousand miles, which was to carry special business mails, together with light and valuable express matter, by means of ponies, ridden by young men rapidly for short distances, between the two points. Of course, this scheme involved an immense expenditure for stations all along the route, horses and men to ride them, and all other elements that would necessarily enter into the scheme. The matter was discussed fully at both ends of the route, and found many advocates and much opposition. The most experienced plainsmen and mountaineers pronounced it impracticable, on account of the dangers to be met with, and the opinion was expressed that no package risked on this line would ever reach its destination, and that all the riders would be murdered before a test could be made. Sense and experience seemed to uphold these views. It must be remembered that the whole distance was a wilderness of desert and mountain ranges, little known, and infested with the most savage Indian tribes on the continent, the relations of which with the whites were either unsettled or hostile. But, nothing daunted, the projectors decided to carry out their design, win or lose. They purchased six hundred Texas bronchos, built all the necessary stations, employed all the men required to operate and defend them, and secured seventy-five riders from the adventurous men found on the borders. The wages paid the riders were from $125 to $150 a month, with rations, and singular as it may seem to people of to-day, these positions were much sought for. Danger among this class of men has an irresistible fascination, and writing about it recalls an incident which verifies the assertion fully. When I lived in Carson City, Nev., the office of sheriff of Ormsby county, in which Carson was situated, was the most coveted position in the gift of the people, and it was well known that there never was an incumbent of it who had not died in his boots.

The whole arrangement was perfected with western rapidity, and the first pony started from St. Joseph in Missouri on the third day of April, 1860. On the same day and hour the western pony started from Sacramento in California. The distance between the stations was about forty miles, and was ridden in the shortest time possible. Two minutes were allowed for refreshments and change of horses. Each rider carried about ten pounds, and the freight charged for the full distance was five dollars an ounce. The line was maintained successfully for about two years, without any interruption more serious than the occasional killing of a rider by the Indians, when, in June, 1862, the first transcontinental telegraph went into operation, and the pony express, being no longer profitable, yielded, as many other things have since, to the all-conquering invader, electricity.

The first pony carried from the president of the United States a congratulatory message to the governor of California. The best time ever made between the two extreme points was when the last message of President Buchanan reached Sacramento in eight and one-half days from Washington. It seems almost incredible that such time could have been made with animals, when we reflect that the first expedition sent out by Mr. Astor, was eleven months in crossing the continent.

The pony express was a success financially to its projectors, and satisfied the hungering of the people for news from points so distant from each other, and immensely facilitated the transaction of business; but, in my opinion, it was most important in demonstrating that the western American never shrinks from encountering and overcoming obstacles that to most people would seem insurmountable.



KISSING DAY.

The Sioux Indian is an exceptionally fine specimen of physical manhood. His whole method of life tends to this result. He lives in the open air. He may be said to be born with arms in his hands. From the moment he is old enough to draw a bowstring, he commences warfare on birds and small animals. As he advances to manhood, he becomes familiar with the use of firearms, and extends his warfare to the buffalo and the larger animals. He rides on horseback from infancy, and excels as a daring horseman. He goes on the warpath when half-grown, and learns strategy from the wolf and the panther. He is a meat eater, which diet conduces to the growth of a lean, muscular, athletic frame, and a bold and highly spirited temperament. He is taught to spurn labor of any kind as unmanly, and only fit for women. His life occupation is, in the language of the old school histories and geographies, "hunting, fishing and war," in each and all of which accomplishments he becomes surpassingly expert.

I attribute the superiority of the Sioux over many other tribes to their meat diet and their method of transportation—the horse. This peculiarity has been noticed by travellers and historians for many years. There is an old and true adage which says, "We are what we eat." Washington Irving, in his story of "Astoria," says in regard to this subject:

"The effect of different modes of life upon the human frame and human character is strikingly instanced in the contrast between the hunting Indians of the prairies and the piscatory Indians of the sea coast. The former, continually on horseback, scouring the plains, gaining their food by hardy exercise, and subsisting chiefly on flesh, are generally sinewy, tall, meagre, but well formed and of bold and fierce deportment. The latter, lounging about the river banks, or squatting or curved up in their canoes, are generally low in stature, ill-shaped, with crooked legs, thick ankles, and broad flat feet. They are inferior also in muscular power and activity, and in game qualities and appearance, to their hard-riding brethren of the prairies."

The general habits of the Sioux warrior tend to make him lordly, proud, and somewhat taciturn and morose, although he is not without a strong sense of humor. He is a good husband and indulgent father, but not at all demonstrative in his affections. Very little billing and cooing is noticeable among the nearest relations, and none between lovers. A kiss is regarded more as a ceremony than an endearment.

In the natural and savage state of these people, they counted time by moons and seasons, having no division of years, and, of course, knew nothing of our red letter days of Christmas or New Year's,—but after the advent of the Christian missionaries among them, they were taught to understand the meaning of New Year's day, and to recognize its arrival, and to distinguish it they called it "Kissing Day," everybody being expected to bestow a kiss upon his or her friends in honor of the day.

In 1857 I lived among the Sioux, having them in charge as their agent, appointed by the United States government, and when New Year's day came around, I found myself at the Yellow Medicine Agency, but was ignorant of their peculiar ceremonies for the occasion. I proposed to make the best of my isolation from my kind, and spend the day as pleasantly as circumstances would permit. While debating the subject of what to do, I was informed of the way the Indians celebrated the event, and told that I would probably be called upon by a numerous delegation of squaws, and that it would be expected that I should receive them by the bestowal of some sort of present. Not wishing to be ungallant, and desiring to gain information of the customs and manners of my savage wards, I ordered my baker to prepare several barrels of ginger bread, and purchased many yards of gaily colored calico, which I had cut into proper pieces for women's dresses, and with this outfit, prepared to meet the enemy.

At this point I will say a word about the Sioux girl and woman. As a general thing, the very young girl is by nature pretty and attractive. I have seen many at the age of thirteen and fourteen who had graceful figures, good carriage, and very beautiful faces; but they marry very young, and as soon as married become pack-horses for their husbands, carrying loads on their backs, by means of a head strap across the forehead, that it takes two men to lift from the ground, and very often when thus loaded babies, puppies, and many other things, will be put on top of the pack. They will trudge fifteen or twenty miles a day with this burden, bending forward, and staggering under its weight. The result is to spoil the figure and gait, and deprive them of every semblance of beauty. The awkward walk produced by this hard labor we used to call "The Dakota shamble." Under this treatment they soon look old, and become wrinkled, and are called "Wakonkas," which might be translated to mean old witches.

With this visitation in prospect, I awaited quietly their coming. About ten in the morning they began to assemble about the agency in groups of all sizes and ages. I could hear a great deal of giggling among the girls, and scolding by the elder women. They were apparently selecting someone to break the ice by making the first assault. Presently a venerable dame opened the door, and sidled in like a crab. She approached me and kissed me on both cheeks, and received her presents. Then they followed in a line, old and young, pretty and ugly, each giving me a hearty kiss, which, in some cases, I returned with interest. The ceremony continued with great hilarity and much frolicksome tittering and fun, until forty-eight squaws had kissed and been kissed by me. They all carried off their presents and seemed very happy. Whether it was all caused by the presents or not, I am unable to say, but I was not the grizzled old fellow then that I have since become. I have celebrated a good many New Year's days, both before and since, but none have left a more agreeable impression than the one I have described. I have never known the exact figures of Hobson's Kansas experience, nor can I make a just comparison between the Sioux and the Kansas article, but from the general reputation of that state, I would recommend the caress of the untutored aborigines.

If Hobson ever reads this story he will have to admit that there were others.



A POLITICAL RUSE.

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 illustrated 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 asserted 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 entitled 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 passed 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 participation 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 title 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 assuming 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 assertions 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, associates, 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 associates. 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 petit 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 constitute 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 passions 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.