CHAPTER XXIII.

EVENTS OF THE YEAR 1853.

A RETROSPECTIVE VIEW-IMPRISONMENT FOR DEBT-A SIOUX-CHIPPEWA FIGHT ON THE STREET-CHANGE OF ADMINSTRATION-Gov. WILLIS A. GORMAN ARRIVES-MAJ. FORBES APPOINTED POSTMASTER-THE NORTHERN PACIFIC RAILROAD SURVEY-BUSINESS DIRECTORY-BRUTAL MURDER OF Two MENBALDWIN SCHOOL DEDICATED.

THE

HE fourth Legislative Assembly met on January 5, in the two-story brick now located on Third street, corner of Minnesota. (The Capitol was not then completed.) The Pioneer, speaking of the legislative buildings about that time, said:

"Strangers inquire which of the three doors the front of the building used as the Capitol, leads to the lower house. The members themselves sometimes get puzzled."

The Pioneer, of January 11, notes the fact that Messrs. Kittson, GINGRAS and ROLETTE, members from Pembina, walked the 500 miles from that place, on snow two feet deep, with snow-shoes.

Some delay was experienced in electing officers and organizing. Hon. MARTIN MCLEOD was elected President of the Council with but little delay, but the House was not so harmonious. Day after day they balloted for Speaker, and it was not until January 25, on the 64th ballot, that a choice was made. Dr. DAVID DAY, then temporarily residing in Benton county, at present our honored postmaster, was elected, over B. W. LOTT, by one vote.

On January 26, Gov. RAMSEY delivered his annual message to the two houses and populace, in the court-house, then recently completed.

INKLINGS.

Capt. Wм. B. DODD was engaged in the month of February

in getting up a subscription to lay out a road from Saint Paul to Traverse de Sioux. The amount needed was raised and the road laid out. It is known to this day as "the Dodd road." Capt. DODD fell by an Indian bullet while bravely defending New Ulm, in 1862.

The temperance element made strong efforts for another prohibitory law this session, and deluged the Legislature with petitions, without avail.

"The several Masonic Lodges of this Territory met in Convention in this city on the 23d ult., at which a Constitution was adopted, and a Grand Lodge formed."-[Pioneer, February 3.]

Venison was so cheap this winter that one hunter complained that he only got $11 for nine carcasses!

The Pioneer, of January 20, 1853, rejoices over the evidences that Saint Paul is becoming a city. He walked down Third street after dark, "when the lights gleam from the dwellings, in multitudinous twinklings, like fire-flies in a meadow. Then along Third street for an eighth of a mile [!]the shops are so illuminated as to give the same a city aspect." Three years ago last winter, (he continues,) there was scarcely a store on that street.

LOCAL LEGISLATION.

The Legislature adjourned on March 5th. Among the acts passed were the following, affecting Saint Paul and Ramsey county:

To incorporate the Saint Paul Fire and Marine Insurance Company. To incorporate the Saint Paul and Saint Anthony Railroad Company. To incorporate the Baldwin School of Saint Paul.

To incorporate the Mississippi and Lake Superior Railroad Company. To incorporate Hennepin Lodge, No. 4, I. O. O. F.

To amend an act to incorporate the Town of Saint Paul. [To grade or pave any street by assessing property pro rata.]

DIVORCE LEGISLATION.

The Minnesotian, of March 14, "congratulates the friends of sound morality on the fact that no divorces were granted at the late session." Prior to that year, the Legislative Assembly had severed nuptial bonds quite freely. The petitions of

the applicant were generally referred to a committee who took the testimony and reported. Concerning the visits of the committees to the female party in the suit, their questions concerning the evidence and other occurrences-the stories told by old settlers are too "amusing" to repeat here. The congratulations of the above journal were appropriate.

Perhaps, under this head may as well be related a good story that used to be told of a Justice of the Peace in early days-one whose rotund form was well known in our midst. A couple-French people-came to him, to be married. The knot was well and truly tied, the fee paid, and the certificate delivered. But next day, back came the parties and wanted the ceremony undone. Their brief trial of married life had convinced them that they were not suited to one another! The obliging justice informed them that for $5 he would divorce them. The fee was paid, whereupon he tore up the marriage certificate and announced that they were free and single again.

IMPRISONMENT FOR DEBT.

Another curious phase of our early Territorial days, was the law authorizing imprisonment for debt, which was in force about four years. (Section 2, article ix, of chapter 16, laws of 1849.)

Chapter 90 of the Revised Statutes, 1851, seemed to provide some relief for debtors confined in jail, under the foregoing law. It provided that such persons might be discharged after ten days' confinement, by giving notice, in writing, to the creditor, that application would be made to two justices of the peace for relief. He was then to show his inability to pay the execution, and the justices were, to investigate the fact, pro and If they considered that he was not acting fraudulently, and was really unable to satisfy the judgment, he was to be discharged from custody, and not be liable to arrest or imprisonment for the same debt thereafter. But where the debtor undertook to satisfy the execution, he could not be discharged until he had paid all the charges for his support while in prison, and the charges and costs.

con.

The marshalsea in which debtors were confined in this county, was the miserable little log jail, about fit for a pig-pen. Whether there were many committals under the statute or not, I cannot find out now, but it is asserted that there were some cases, at least. It is also stated that a Frenchman named BouLANGE, died in the jail, while a prisoner for debt. The old settlers, nearly all of whom belonged to the " poor but honest" class, were not very apt to deal harshly with an unfortunate brother who had come in debt to them.

A SIOUX-CHIPPEWA FIGHT ON THE STREET.

On April 27, an exciting incident occurred, viz.: a skirmish or fight between small squads of Sioux and Chippewas, in one of the most public streets of Saint Paul, resulting in the murder of a Sioux squaw. The particulars may be briefly related :

Early in April, the Ojibwas killed a Sioux near Shakopee. In revenge for this, the Sioux then made an expedition near Saint Croix Falls, killing an Ojibwa, and losing two sons of old LITTLE CROW.

Hearing of these events, the Ojibwas prepared for revenge. A party of some 18, led by a young chief named A-luc-en-zis, started for Saint Paul, determined to assassinate any unlucky Sioux found hanging around the town, as plenty always were. They stealthily entered town on the night of April 26, and concealed themselves until day-break, in an unfinished building in lower town. At daylight they scouted carefully along to the edge of the bank by the gas house, to watch for Sioux coming up from Kaposia in their canoes. Ere long, one hove in sight, making for the landing. It contained "Old BEts," her brother, "Wooden-legged JIM," and her sister. Soon as the Chippewas noted this, they sprang down the bank, and made tracks for the landing, designing to ambush the Sioux at that spot. The marsh between Fifth street and the river was then overflowed, and they could not cross it. They were thus compelled to strike over Baptist hill, which they did at a rapid dog-trot, but, to their great disappointment, as they arrived near the Merchants' Hotel, found that, owing to the delay, the Sioux had landed and were coming up Jackson

street.

This street had been cut through the bluff, leaving a high bank of dirt on each side. The Sioux advanced carelessly up the hill, suspecting no danger, and turned up the steps of the "Minnesota Outfit," a large frame trading house of the American Fur Company, which stood on the site of the present Prince's Block, and in charge of WM. H. Forbes. The Chippewas, fearful of losing their prey, rushed forward and stood on the bank opposite the store, and on a level with it. The Sioux had just entered the store, when they drew up their guns and fired a volley at them. The sister of Old BETS fell mortally wounded. There were several persons in the store at the time, and it is miraculous that they were not killed. The Chippewas jumped down the bank and rushed towards the store, determined to finish their work. They were met at the door by THEODORE BORUP and GEORGE H. OAKES, who happened to be present, and who peremptorily commanded them to clear out-or they would get into trouble. This brought them to a sense of their rashness, and they at once retired by the route they came.

The wounded woman proved to be dying, and, at her request, was put in the canoe and taken to Kaposia, where she died the same morning.

Meantime, the firing and excitement attracted a number of citizens, who, as soon as they learned what had taken place, pursued the retreating Chippewas, whether to arrest them, or for what purpose, no one hardly knew. They soon overtook the pagans, who, turning calmly around and confronting them, said: "White man, why do you pursue us? This is none of your affair! Do you mean to interfere in our fights?" No one knew what reply to make, and, as they were unarmed, allowed the Chippewas to pass on unmolested.

But we had almost overlooked "Wooden-legged JIM," who in his day had been quite a famous fighter. As soon as the Chippewa volley had been fired, he drew out an old pepper-box revolver he carried, and, rushing to the door, tried to fire at them, but not a barrel would go off. Throwing it down, he picked up a loaded gun standing in the store, and pursued them a short distance, getting a shot at them, and (it