Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-04-10
The Daily Press and Dakotaian
I. FULTON aANns
rho Beliicos. Bisck Hillers Answered by
Gen. Beadle.

~Su DS~NAAC |
Correspondence Chicago Times.
Yankton, Dakota, April "A candid
statement Of the facts Will not hurt the true
intetestS OF just ambition, Of the people of
the Black Hills half 90 much as letters like
the ION in your issue of March 80, signed T.
Fulton CAN'T. He alleges it to be id reply
to one by myself, which appeared some time
before IN The Frib0ne andvimpates to me
and that letter afgunents opinions, and
phrases which were snet-used. and are not
entertained. We favored the division oil
Dakota. the sepefate territorial existence of
the Black Hills, and the granting, to that
people of all their meritorions claims. We
called them no such nan es asthe "bummers,
politicians, and eut-thioats 2of the Black
Hills," which phrase he quotes as though a
charge by Yankton against them. He also
quotes this phrase, l"deser dissolves the
marriage contract, that all property that is
not real is personal property as a provis-
ion Of our laws in that form and connection,
and rushes from that to a general denuncia-
ton ofthe~ whole system and body of our
laws. Ss5RA
Many, if not most, Of the assertions in his
letter would not have been made had niue
appeared in your columns. His whole aim
is manifestly to create an idea-of wrong and
oppression, and make an appeal to sympa-
thy To this end l regret that he has
thought it wise to weave old and new, truth
and exaggerston, together, and to mix
dates Of public eveats,;a as though q public
belief in such stuff, and that Dakota proper
is opposed to them, were the sole basis of
their hope for success. This is most unfor-
tunate, for the Black Hills is a far better
country, and its people are more worthy
than his readers would infer, They have
abundant claims to separate organization,
but a small class Of men whose entire pos
sessions are in the carpet-bags they carried
with them, mere reckless ~place-hunters,
seekers after spoils and corporate monopo-
lies nave championed their deserving move
ment TO its ruin. Later several very worthy
gentlemen have taken hold of it, and some
Of the others have been relegated to obscu-
rity. There is therefore hope that they may
succeed. If they had full confidence in
their claims, and were genuinely enthusiast
tic for a right scheme they would 60 forward,
and not rely upon a policy OF hate and abuse
of Dakota and It's laws.
Let some facts be submitted to = candid
world. The Black Hills are and have been
known to be a part Of Dakota since its or
ganization. A difference of a very few
miles as to where the line would run in the
western edge Of the Hills was the only cause
of doubt. 1t was all an Indian reservation
until February, 1877, q little over a year
ago. The last session of the Dakota legisla-
ture closed by limitation of United States
law February II, 1877, and ann by the
same Law %reconvene before January, 1879.
That is one of the regulations made by the
general government, and was not gotten up
through hate to the Black Hills people. II
was anxiously desired by the legislature that
the country should be opened by congress
before the Legislature adjourned, 50 all need.
ed legislation could be made. 1t was not, &C
provision was made in advance. The par
ties present representing the Black Hill
were consulted, and county boundaries were
declared as they desired, and they are en-.
tirely satisfactory still as it is understood
How should they be organized? There wa;
no civil organization whatever in the Hills
and not q civil officer, no person whatever
authorized to administer N oath or approve q
bond for an officer. Yet it must be iii legally
done in some way. 1t was the creation OF
new government out of an u%norganized
people by making and pursuing . statute
They wanted above all q legal government
one that would stand any and oil questions
There were only two ways to do that; ore
to send 9 commission authorized and quail
lifted to appoint and qualified officers, and
the other 10 appoint the officers and author.
ize them to qualify each other. The latter
was adopted as most economical and easy
1t was provided that these men should
hold only until the next general election,
when. after q few months, the people of the
counties there elected their officers through,
out, and enjoy complete local government.
What mors favorable was posslblei And
1t has been the uniform system and now is
So th;a far.stArD and tha soano hoe ham tho
case and is in all the northwest for the eX.
ecutive to appoint either all the officers
temporarily for new counties OF to appoint
commissioner who should do the same
and the difference in fact is nil.
MI. CAN'T is likely not familiar either
with the laws of Dakota or California, and
this is not blameworthy. YetLsaDefs our
laws are not similar to those of California.
Though they are almost verbatimg copies 10
far as our codes are concerned, ard in almost
every point of property definitions, rights
and remedies, and in penal ind procedure
laws, he asserts the contrary, and to prove it
draws one argument from the form of gov
eminent. True. Dakota is a territory, and
California il "a state 20 We have our form
defined, and the number of our judiciary
limited by congress, while California regu-
lates her own. That's all. We cannothave
more judges: could Lincoln territory have
all the powers of California? Yet We give
the Black Hills one Of our judges, the young.
est and ablest, to endure tedious labors. He
is there, and no state has . better court. So
about justices of the peace. Their jurisdic-
ton is precisely limited and defined by con-
gress. Dakota did not do that. Can Lin
coin territory nullify the acts of congress?
The justices HAYES civil jurisdiction Of 500
and . very valuable but precisely limited
criminal jurisdiction. So it has been in
nearly every territory since the ordinance
of 1887. So all that il stated against us has
been the fault of congress for ninety years.
Thus it has been with the whole move
meDt. 1t has been rendered ridiculous by
its advocates, who like Nj. CAN'T. are new
10 the disabiilties Of Territorial organization,
and thus nousder in non squiers and re-
ductios dd dBsardum. Asy Lincoln be
saved from such advocates. He talks as II
the boundary lines wese run long before
our legislation, when everybody knows "
-. .r& nosnpNesAA hofnSe last 1ulv In