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.

Should I end the story here, it would leave me in the possession and

enjoyment of virtues which I cannot conscientiously claim as my own, and

would deprive the tale of its best and only amusing point; so as a

faithful narrator, I feel in duty bound to tell the other side of it.

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