The Dakota Territory was created in 1861. It included what would become the states of North and South Dakota, as well as parts of what would become Wyoming and Montana. It consisted of the northernmost portion of the 1803 Louisiana Purchase.
The first election of the newly formed Dakota Territory was held on September 16, 1861. Nine members were elected to the upper chamber and thirteen members to the House of Representatives. The first Dakota Territorial Assembly convened on this date in 1862 in Yankton.
The big prize for that first legislature was naming the permanent location of the capital. Yankton supporters backed George Pinney for Speaker of the House. They believed he would support Yankton as the capital. After his election, Pinney shocked and disappointed his supporters by backing his hometown of Bon Homme. That vote failed, but Pinney still refused to support Yankton and pushed for Vermillion instead.
Pinney’s opponents decided their best plan of action was to throw the Speaker of the House out the window. Pinney got wind of their scheme. He asked for a squad of soldiers to be stationed in the meeting room to preserve order, prevent a riot, and, perhaps most importantly to him, protect the Speaker of the House. Then he resigned from the House.
His resignation did not protect him from the threat. While legislators were gathered in a saloon, Pinney came flying through the window. Witnesses saw the House sergeant-at-arms standing in front of the broken window.
The first legislature came to be known as the Pony Congress. People said that “anything can happen when the legislature is in session.” Pinney’s flight through the saloon window wasn’t the only bit of mischief during that first legislative session. During a meal at the Ash Hotel, two representatives got into a fight, with ketchup bottles, cups, and glasses flying across the room. Onlookers separated them as they continued to yell at each other.
In spite of the foolishness, the legislature did accomplish some business during the first session. They passed ninety-one general laws and twenty-five special laws, laying the foundation for what would become North and South Dakota. In the end, the capital stayed in Yankton, the first territorial university was located in Vermillion, and stallions and swine were prohibited from running free.
Dakota Datebook written by Dr. Carole Butcher
Sources:
- State Historical Society of North Dakota Foundation. “Today in North Dakota History.” https://www.statehistoricalfoundation.org/todayinndhistory/Accessed 2/19/2026.
- North Dakota Legislative Branch. “1862 1st Legislative Assembly of the Territory of Dakota.” https://ndlegis.gov/assembly/1000-1862/regularAccessed 2/19/2026.
- South Dakota Historical Society Foundation. “The Legislature – Dakota Territory Style.” https://www.sdhsf.org/news_events/history_articles.html/title/march-2012-the-legislature-dakota-territorial-style?page=2Accessed 2/19/2026.
