Earth rivers, and including the present states of Michigan, Wisconsin, Iowa and Minnesota. The territory of Wisconsin was established July 3, 1836, and included that part of the state of North Dakota lying east of the Missouri and White Earth rivers. June 12, 1838, the territory of Iowa vas organized, including part of the present state of North Dakota; March 3, 1849, the territory of Minnesota was established, which covered that part of the state of North Dakota lying cast of the Missouri river; May 30, 1854, the territory of Nebraska was organized and that part of the states of North and South Dakota lying west of the Missouri and White Earth rivers, and which had previous to. that time been known as “Mandan Territory," was included in Nebraska Territory.

Minnesota, became a state on the 11th day of May, 1858; from that date until the second day of March, 1861, all that part of both North and South Dakota east of the Missouri and White Earth rivers was without legal name or exist

ence.

The bill incorporating the present states of North and South Dakota as Dakota Territory was signed by President Buchanan on March 2, 1861. On May 27th thereafter Fresident Lincoln appointed as the first governor of Dakota Territory Dr. William Jayne, of Springfield, Ill. Dr. Jayne had been a young man who grew up as a physician while Lincoln was developing as a lawyer in Springfield, the then new capital of Illinois, and a close personal friendship had existed between the two until Lincoln had become president of the United States; and in recognition of the friendships of his earlier days he appointed Dr. Jayne as the first governor of what was then to his mind the most promising territory yet organized.

The employes of various fur companies were the first white settlers of the territory of Dakota. As early as 1808 the government established Fort Clark on the Missouri at the mouth of the Knife river-a point about seven miles up the river from where Lewis and Clark had in 1804-5 spent the winter and established what they called Fort Mandan. In 1811 Lord Selkirk built a fort at Pembina on the Red river a short distance below the international boundary li c. Fort Pierre was built in 1829 and the first steamer ascended the Missouri river in 1830. In 1839 Gen. John C. Fremont crossed over the country from the Missouri to the James rivers thence across the country to Devils Lake. Catlin, the famous Indian painter, whose collection, the largest in the world, of pictures of noted Indian chiefsnow owned by the government and on exhibit in the national museum at Washington-traveled over the country in 1841. A majority of these pictures were painted from sittings in life. Captain Pope's map of a trip to the

Red river in 1849, and which is now on file in the war department at Washington, designates all the country around Devils Lake as a "salt water region," and Lieutenant Warren, who explored the "Dacouta" country under the direction of the government in 1855 said the territory was occupied by powerful tribes of roving savages and "is only adapted to a mode of life like theirs."

Gov. William Jayne arrived at Yankton, which was designated in the act organizing the territory of Dakota, as the territorial capital, on May 27, 1861, and proceeded to the organization of a territorial government. Yankton remained the capital from that date until the 2nd day of June, 1883, when it was removed from Yankton to Bismarck, which remained the territorial capital until the formation of the states of North and South Dakota. The ter ritorial legislature passed an act in 1883 providing for the removal of the territorial capital from Yankton to a point designated by commissioners appointed for the location of the new capital. The following persons were appointed as such commissioners, viz: Alexander McKenzie, Milo W. Scott, Burleigh F. Spalding, Charles H. Myers, George A. Matthews, Alexander Hughes, Henry H. DeLong, John P. Belding and M. D. Thompson. The capital commission, at a session held in the city of Fargo, on the 2nd day of June, 1883, located the territorial capital at Bismarck. The act provided that $100,000 and 160 acres of land should be donated to the state for capitol purposes as a condition of the location of the seat of government. The citizens of Bismarck by voluntary subscription contributed $100,000 in cash and 320 acres of land.

A bill known as the "omnibus bill" and which was an act dividing the territory of Dakota into the states of North and South Dakota, and enabling the two Dakotas, Montana and Washington to formulate constitutions, was approved February 22, 1889, and a constitutional convention was held at Bismarck, beginning July 4, 1889. A constitution was formulated and submitted to a vote of the people of the state of North Dakota at an election called for that purpose, and to elect state officers, October 1, 1889. There were 27,440 votes cast for and 8,107 against the adoption of the constitution.

ENABLING ACT.

[Approved February 22, 1889 ]

AN ACT to provide for the division of Dakota into two states and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and state governments and to be admitted into the union on an equal footing with the original states, and to make donations of public lands to such

states.

Section 1. That the inhabitants of all that part of the area of the United States now constituting the territories of Dakota, Montana and Washington, as at present described, may become the states of North Dakota, South Dakota, Montana and Washington, respectively, as hereinafter provided.

Sec. 2. The area comprising the territory of Dakota shall, for the purposes of this act, be divided on the line of the 7th standard parallel produced due west to the western boundary of said territory; and the delegates elected as hereinafter provided to the constitutional convention in districts north of said parallel shall assemble in convention, at the time prescribed in this act, at the city of Bismarck; and the delegates elected in districts south of said parallel shall, at the same time, assemble in convention at the city of Sioux Falls..

Sec. 3. That all persons who are qualified by the laws of said territories to vote for representatives to the legisla-tive assemblies thereof are hereby authorized to vote for and choose delegates to form conventions in said proposed states; and the qualifications for delegates to such conventions shall be such as by the laws of said territories respectively, persons are required to possess to be eligible to the legislative assemblies thereof; and the aforesaid delegates to form said conventions shall be apportioned within the limits of the proposed states, in such districts as may be established as herein provided, in proportion to the population in each of said counties and districts, as near as may be, to be ascertained at the time of making said apportionments by the persons hereinafter authorized to make the same from the best information obtainable in each of which districts three delegates shall be elected, but no elector shall vote for more than two persons for delgates to such conventions; that said apportionments shall be made by the governor, the chief justice and the secretary of said territories; and the governors of said territories shall, by proclamation, order an election of the delegates aforesaid in each of said proposed states, to be held on

the Tuesday after the second Monday in May, 1889; which proclamation shall be issued on the 15th day of April, 1889; and such election shall be conducted, the returns made, the result ascertained, and the certificates to persons elected to such conventions issued in the same manner as is prescribed by the laws of the said territories regulating elec tions therein for delegates to congress; and the number of votes cast for delegates in each precinct shall also be returned. The number of delegates to said conventions respectively shall be 75; and all persons residents in said proposed states who are qualified voters of said territories as herein provided, shall be entitled to vote upon the election of delegates, and under such rules and regulations as said conventions may prescribe, not in conflict with this act, upon the ratification or rejection of the constitution.

Sec. 4. That the delegates to the conventions elected as provided for in this act shall meet at the seat of gov ernment of each of said territories, except the delegates elected in South Dakota, who shall meet at the city of Sioux Falls, on the fourth day of July, 1889, and after organization shall declare, on behalf of the people of said proposed states, that they adopt the constitution of the United States; whereupon the said conventions shall be, and are hereby authorized to form constitutions and state governments for said proposed states respectively. The constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, excert as to Indians not taxed, and not be repugnant to the constitution of the United States and the principles of the declaration of independence. And said convention shall provide, by ordinances irrevocable without the consent of the United States and the people of said states.

First. That the perfect toleration of religious sentiment shall be secured, and that no inhabitant of said states shall ever be molested in person or property on account of his or her mode of religious worship.

Second. That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and con trol of the congress of the United States; that the lands belonging to citizens of the United States residing without the said states shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the states on lands or property therein