Dakota Territory, North Dakota and South Dakota: Commentary

North Dakota Atlas of Historical County Boundaries

John H. Long, Editor; Peggy Tuck Sinko, Associate Editor; Peggy Tuck Sinko and Deborah Skok, Historical Compilers; Emily Kelley, Research Associate; Laura Rico-Beck, GIS Specialist and Digital Compiler; Peter Siczewicz, ArcIMS Interactive Map Designer; Robert Will, Cartographic Assistant

Copyright The Newberry Library 2006


The territorial period in the Dakotas was remarkably long and saw numerous changing jurisdictions and changing geographical configurations. Present North Dakota and South Dakota were under territorial jurisdiction from 1804, when most of the area first came under the control of the District of Louisiana (later Louisiana Territory), until 1889 when statehood was achieved. At various times, parts of the Dakotas were under the control of Louisiana Territory, Missouri Territory, Michigan Territory, Wisconsin Territory, Iowa Territory, Minnesota Territory, and Nebraska Territory. The Missouri and White Earth Rivers often served as an east-west dividing line separating the area of the modern states into two distinct territorial jurisdictions. Dakota Territory, at various times, included parts of present Montana, Nebraska, and Wyoming, and during much of this time, the area was unorganized federal territory.

By 1857, it was clear that Minnesota would soon gain statehood, but the new state would not include the western part of Minnesota Territory—an area already known by the name “Dakota.” After the creation in 1854 of Kansas and Nebraska Territories, the United States Congress moved slowly to establish new territories in the west, despite growing pressure from settlers, land companies, and railroads to move faster. The slavery controversy derailed many efforts to create new territories. Finally, in 1861, after three years of agitation, Congress organized Dakota Territory, along with Colorado and Nevada Territories. Dakota Territory lasted an unusually long time, from 1861 until 1889—one entire generation. Because of the long territorial history, the majority of North Dakota and South Dakota counties were created by Dakota Territory prior to statehood. Moreover, Dakota Territory at times covered an area much larger than the bounds of the two modern states, and the first four counties of Wyoming were created by Dakota Territory.

The challenges faced in mapping historical county boundaries in the Dakotas arise largely from the vastness of the area and the small population. The surveying of public lands in the Dakotas began in the 1860s and proceeded in a somewhat slow and piecemeal fashion, generally moving west from the eastern boundary of the territory. Often the territorial legislature laid out counties prior to the land being surveyed, several times writing boundary descriptions that are most difficult to map.

In January 1873, Dakota Territory created sixty-seven counties, leaving only the southwestern and west-central parts of present South Dakota outside the bounds of a county. Much of this land had not been surveyed, and in the area west of the Missouri River and north of forty-seven degrees north latitude, the drawing of county boundary lines required some interpretation and extrapolation. Today, South Dakota is covered by survey lines measured west from the fifth principal meridian, and by lines laid out to the east of the Black Hills meridian (There is also a small part of southern South Dakota within the limits of the sixth principal meridian). However, in 1873, territorial officials anticipated guide meridians forty-two miles apart, or every seven ranges, west of the fifth principal meridian. In advance of the actual survey they defined some new county lines in terms of projected 11th and 12th guide meridians that never came into existence. The compilers, therefore, had to estimate the county boundary lines of Boreman, Meyer, Pratt, Rusk (now Dewey), and Stanley based on the legislature’s intent.

Additional counties created in this area were defined in terms of latitude and longitude. At the time of statehood, South Dakota still contained about 24.5 million acres of unsurveyed public land. It was only in the first two decades of the twentieth century that all the odd, non-county areas were absorbed into existing counties, and all county lines were shifted from lines of latitude and longitude to run on federal land survey lines.

Over the years, North and South Dakota have created—and then eliminated—a significant number of counties, more than any other states. North Dakota currently has fifty-three counties, but it was also the parent of another seventeen counties that no longer exist, as well as five more counties that were proposed but never came into existence. South Dakota, with sixty-six counties, also created another thirty-nine counties that are now extinct, as well as four unsuccessful proposed counties. In some cases counties were laid out in anticipation of settlement, but the actual population never reached sufficient numbers to warrant a fully functioning county. This collection of data covers all these counties.

Dakota Territory and its successor states of North Dakota and South Dakota followed the pattern common to many Midwest and Plains states of creating counties and then waiting for a period of time before organizing them. In some cases, the delay was only a matter of days or weeks, which allowed the new county officials time to prepare for the task of governing, but in other cases counties remained unorganized for years, even decades. In general, a county that remained unorganized for a lengthy period would be attached to a fully organized county for various governmental purposes. These attachments are all noted in the chronologies. In South Dakota, two counties still have not been organized and are attached to fully organized counties: Shannon County, which has been in existence since 1875 and is attached to Fall River County, and Todd County, created in 1909 and now attached to Tripp County.

Sources do not share a single standard for determining the date when a county became fully organized. Sometimes the date when commissioners were appointed was used; in other cases the date of the first meeting of the county commissioners was cited. Generally, the difference is small, usually just a matter of days, but in all cases the particular source is cited in the chronologies.

Nearly all county boundary changes and creations in the Dakotas were made through the legislative process. However, in North Dakota between 1899 and 1912, the state Supreme Court issued several rulings dealing with county boundaries and creations. These cases involved the absorption and elimination of counties in the western part of the state by Billings, Mercer, and Stark Counties. The 1896 act that authorized these changes was finally ruled unconstitutional in 1901. Other cases involve the creation of new counties in the first two decades of the twentieth century. Creations of new counties were, in most cases, dependent on the approval of the voters living in the affected areas. Challenges to the legality of new-county referenda delayed the creations of Burke, Golden Valley, Mountrail, and Renville Counties until the North Dakota Supreme Court upheld the results of the voting.

Several sources used to compile the historical counties of North Dakota and South Dakota merit special mention. Luella J. Hall’s, “History of the Formation of Counties in North Dakota,” in volume 5 (1923) of Collections of the State Historical Society of North Dakota, was very useful. This carefully done work included not only North Dakota counties, but also counties in South Dakota created by Dakota Territory. Hall corresponded with local and state officials, was usually able to determine the outcome of local referenda on county boundary changes and creations, and in many cases could explain the reasoning behind certain boundary descriptions.

The most useful historical maps were those found in Alfred T. Andreas’, Historical Atlas of Dakota (1884). The large-scale individual county maps in this atlas show great detail and are very accurate. They were useful for identifying geographical features such as rivers, and for providing detailed presentations of land survey lines and Indian treaty lines. One other useful map was the 1878 map of Dakota Territory compiled by the U.S. Engineer Department. Although it does not include county boundaries, it does show the extent of the federal land survey to that date, as well as geographical features. Finally, Hunt and Eaton’s map of North and South Dakota (c.1888) was particularly useful for county changes west of the Missouri River in the period just before statehood.

The Dakotas presented a particular organizational challenge. Because most of the activity of county creation and change occurred during the territorial period, because this period lasted so long, and because it would be historically inaccurate to try to separate the two states before 1889, the maps and accompanying data are presented in three parts: Dakota Territory (1804 to 1889), South Dakota (1889 to 2000), and North Dakota (1889 to 2000). This means that to view a North Dakota county configuration prior to November 1889, one must generally consult the “Dakota Territory Historical Counties” file. Conversely, while tracing the county boundary changes of a South Dakota county, one will probably need to consult both “Dakota Territory Historical Counties” and “South Dakota Historical Counties.” The exceptions are the counties whose boundaries never changed and that, therefore, exist in only one version.