Dakota Territory covered about 150,000 square miles and had 36 representatives in the legislature during the 1880's for its population of 300,000. Four judges and three prosecuting attorneys administered matters of Territorial justice.

The second legislative session was no quieter than the first. Because of disputed delegations there were two houses—one met on the levee by the Missouri and the other on the hill above the river. After much time had been lost the differences were compromised and business proceeded.

In 1863 Newton Edmunds of Yankton was appointed Governor of Dakota, the only resident of the Territory ever to hold that office. The next Governor was Faulk of Pennsylvania, then followed Burbank of Indiana, Pennington of Alabama, Howard of Michigan, Ordway of Vermont, Pierce of New York and Illinois, Church of New York and Indiana, and Mellette of Indiana.

The northern and southern parts of the Territory had little in common, and they kept growing farther apart as time went on. In the session of 1883 removal of the capital from Yankton was the big question. Yankton wanted to keep it, Bismarck, Huron, Mitchell, Pierre, and Chamberlain wanted to acquire it, and Fargo or Jamestown would have taken it if offered. A bill was finally passed providing that the Governor appoint nine commissioners to choose a capital city; they were to accept an offer of not less than $100,000 and 160 acres of land on which the capitol was to be built. The land remaining after the capitol grounds were provided for was to be sold for the benefit of the building fund.

The commissioners named were Milo Scott of Grand Forks County, Burleigh Spalding of Cass, Alexander McKenzie of Burleigh, Charles Myers of Spink, George Mathews of Brookings, Alexander Hughes of Yankton, Henry de Long of Lincoln, John P. Belding of Lawrence, and M. B. Thompson of Clay.

The commissioners must, according to law, meet and organize at Yankton. Feeling ran high; the city did not intend to part with the capital without a struggle. Yanktonians awaited the commissioners.

But unknown to the citizens of Yankton, the commissioners had chartered a special train, leaving Sioux City April 3, at 3 a. m. The commissioners' coach was dimly lighted as the train pulled into the city limits of Yankton. The meeting was quickly called to order, officers were chosen, and the meeting adjourned until that afternoon in Canton. The train had still a half mile to go to the city limits when the meeting was over. The commissioners had satisfied the law, having met, organized, and adjourned in Yankton.

The commission thereafter made the rounds of several towns, and was royally entertained by prospective capital cities. Bismarck's offer of $100,000 and 320 acres of land was the best bid received. Thus Bismarck became the Territorial capital.

The cornerstone ceremonies took place September 5, 1883. Many high officials and prominent citizens from the East were guests of the Northern Pacific on the Villard "gold spike" excursion, and were present as guests of honor at the laying of the cornerstone. Among them were Henry Villard, president of the Northern Pacific Railway; General Grant; General Haupt; Henry M. Teller, Secretary of the Interior; the Hon. Sackville West, British Minister; members of the Austro-Hungarian, the Danish, and the Norwegian-Swedish Legations; the Imperial German Minister; Territorial Governor Ordway; and numerous United States Senators, Governors, and mayors.

The next great task was to convince Congress that the Territory was ready for statehood. As early as 1871 the legislature had requested Congress to divide the Territory, and in 1874 Moses Armstrong, while in Congress, had petitioned that the northern part be made into a new Territory named Pembina. Nearly every year a petition was sent to Congress praying for admission as two States. In 1860 it was suggested that the northern part be called North Dakota. The Territorial legislative assembly in 1889 provided that a constitutional convention be held for North Dakota, and February 22, 1889, Congress passed an enabling act for North Dakota, South Dakota, Washington, and Montana.