Back in the days of Dakota Territory, government officials were appointed by the president – the governor, the supreme court justices, the territorial secretary, and, as we feature today, U-S marshals.
James H. Burdick was appointed by President Grant to succeed Marshal Laban H. Litchfield, who was accused of corruption, “grossly intemperate” habits, and a public gambling addiction. “A large number of the people of Dakota” wanted Litchfield removed, according to a letter in June of 1872 from Burdick to Grant. But removal became moot when Litchfield died in September from an overdose of medicine. He was only 33.
Burdick was already known to President Grant, having been an ordnance officer in Grant’s army at Vicksburg during the Civil War. Burdick had become a judge in Dakota Territory by the time he sought appointment as territorial secretary in 1871. That incumbent was also criticized for reckless behavior. Burdick didn’t get the appointment, but he didn’t miss out long. The following year, on this date, the U-S Senate confirmed his nomination as the new U-S marshal for Dakota Territory.
Burdick served as marshal for five years. One notable episode of his tenure – he had a key role in the hanging of Jack McCall, the man convicted for the shooting death of Wild Bill Hickok in 1876. Burdick put the black hood over McCall’s head and placed the noose around neck. Famously, McCall prayed and then said, “Draw it tighter, Marshal.”
After statehood, the positions of governor and many others became elective offices. But U-S marshal remains a presidential appointment.
Dakota Datebook by Jack Dura
Sources:
https://www.usmarshals.gov/district/sd/history/history.htm
http://www.sdpb.org/blogs/arts-and-culture/146-years-of-history-at-yanktons-125-year-old-gurney-building/
Boggs, J.D. (2002). Great murder trials of the old west. Republic of Texas Press: Plano, TX
Grant, U.S. (1985). The papers of Ulysses S. Grant: November 16, 1864-February 20, 1965. Southern Illinois University Press
Grant, U.S. (2000). The papers of Ulysses S. Grant: February 1-December 31, 1872. Southern Illinois University Press
State of North Dakota. (2005). North Dakota blue book 2005-2007. Secretary of State Alvin Jaeger: Bismarck, ND
United States Congress. (1901). Journal of the executive proceedings of the senate of the united states of America (Vol. 18). Government Printing Office: Washington, DC
http://bonhomme.sdgenweb.com/yankton1987.htm