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.

[Illustration]

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, même 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.

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