USA > Colorado > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 19
USA > Nevada > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 19
USA > Wyoming > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 19
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172
TERRITORIAL ORGANIZATION.
to the contrary, every form of vice, and all kinds of degrading amusements. On Saturday nights the underground population came to the surface; and while business houses were closed on Sunday, bar- rooms, gambling-dens, dance-houses, fourth-rate the- atres, and bagnios were liberally patronized.61 Duel- ling was not uncommon, but a bill introduced in the house at the first session of the legislature legalizing it was rejected. Street fights and murders were also frequent, though it was usually the organized, migra- tory ruffians who perpetrated robberies and murders, and not the residents of the territory. California as well as the Mississippi states had contributed largely to this undesirable condition of the body politic.
Probably the first federal judges would have been able to hold their own against the criminal element in Nevada ; but opposed to the combined influence of the capital and legal talent of California and Nevada, as they sometimes were, in important mining suits, they were powerless. Statutes regarding the points at issue did not exist, and the questions involved were largely determined by the rules and regulations of mining districts, and the application of common law. Immense fees were paid to able and oftentimes un- principled lawyers, and money lavished on suborned witnesses. As I have explained in the previous chap- ter, the community and the courts were divided upon the one ledge and two ledge theories, which nothing could determine except actual demonstration, and demonstration often depended upon the settlement of the suit.
G1 Jacob Klein, born in Alsace, France, in 1831, by trade a baker, who immigrated to America at the age of 19 years, and came to Cal. in 1853, re- moved to Nev. in 1860, settled at Carson, and erected a brewery. In a manuscript sketch of the Founders of Carson City he describes society in the Nevada towns at this period, and for several years following, as bad in the extreme. He sold beer in 1860 for $3 per gallon, which fact covered a mul- titude of sins in his customers. See Wright's Big Bonanza, 354-83, 392-6; Nevers' Nevada Pioneers, MS., 2; Gold Hill News, Oct. 14, 1863, and May 16, 1873; New York Times, Dec. 1863; S. F. Bulletin, Sept. 26, 1863; S. F. Alta; May 7, 1860; Price's Two Americas, 250-7; Virginia Chronicle, Dec. 5, and 18, 1876, and March 5, 1877; Nev. Scraps 480-1.
173
LITIGATION
In the case of the Chollar-Potosí legislation, Judge Mott, in whose district all these suits fell, was accused of entertaining the belief which favored the Chollar company, as was also Chief-justice Turner. Mott was, therefore, worried or bribed into resigning, with no other object than to procure the elevation to the bench of James W. North, first surveyor-general of the ter- ritory, and a lawyer who was known to hold opinions of geology adverse to the Chollar company. North, who, notwithstanding appearances, was an honest man, found himself informed by telegraph September 14, 1863, of his appointment as judge of the 1st district, and immediately opened court. After several months of tedious litigation he decided in favor of the Potosí company. It was now the turn of the Chollar com- pany to attack the judiciary, and, as it was known that the chief justice was on their side, they endeav- ored to get a majority on the bench by gaining over the judge of the 3d district, P. B. Locke, who had been appointed in the place of Jones, resigned. The appeal to the full bench of judges was argued on the 28th of April, 1864, followed the same evening by attempts of the Potosí people to influence the deci- sion. 62 The excitement ran high, and Locke was se- verely and justly denounced for behavior unbecoming a man in his position. Contrary to the expectations of the corruptionists, however, North filed his decision May 5th, with the concurrence of Locke, affirming his former judgment, and debarring the introduction, in a suit for ejectment against the Potosí company, of any damaging evidence based on the old titles of location of the Chollar company. Bnt the advocates of the latter company used means to induce Locke to make an addendum to his decision, which reopened the hearing of evidence. Being again besieged by the Potosí company, he ordered the addendum struck off the file. This uncertain and unjudicial behavior
62 Territorial Enterprise, July 26, 1864; Gold Hill News, Aug. 3 and 4, 1861.
174
TERRITORIAL ORGANIZATION.
caused both parties to express indignation against Locke ; and as interested persons desired to get North off the bench, great pressure was brought to bear against all the judges.
Among those most anxious to unseat North was William M. Stewart, a young lawyer from the inte- rior of California, who was proving himself of great value to certain mining companies, who retained him to look after their interests for $200,000 a year,63 from which the measure of his talents and his ener- gies may be estimated. Stewart's methods were sharply criticised by those opposed to him ; the state- ment that he was not always over-scrupulous was doubtless inspired by the fact that he was generally successful, which was the basis of his claim to large fees.
On the 22d of August, 1864, North resigned, to avoid the scandal of which he was the subject. On the same day the chief justice followed his example. being persuaded to it by a "private conference " 64 with Stewart. Immediately after this triumph, the mem- bers of the bar invited the remaining judge to a meet- ing, and asked him to resign, which he was forced to do.65 Thus the whole judiciary was removed in a day by the bar of Nevada, under Stewart's lead. 66 Some of the public journals professed to believe that
63 Stewart was born in N. Y. state Aug. 9, 1827, and came to Cal. via Panamá in 1850. He mined in the Coyote claims at Buckeye hill, discovered the Eureka diggings in the autumn of that year, and projected the Grizzly ditch which supplied them with water. He built the first saw-mill on Shady creek in 1851. In 1852 he began to read law with J. R. McConnell at Ne- vada City. The same year, such was his progress and talent, he was ap- pointed district attorney, and elected to the same office the following year. In 1854 he was appointed attorney-general of Cal., and married a daughter of ex-gov. Foote of Mississippi. He continued to study law and mining until he went to Virginia City, where he made and lost several fortunes.
64 This is Stewart's own statement. But it is certain that there was a petition signed by nearly 4,000 names published in the Territorial Enterprise, asking the judges to resign. The petition probably emanated from the same source.
65 Stewart's account of the affair is that Locke hesitated to obey, and turned to him, saying, 'Mr Stewart, what do you think I ought to do ?' 'Do !' replied the lawyer gruffly, 'resign, and resign now.' He was obeyed.
66 Territorial Enterprise, Aug. 23, 1864; S. F. Bulletin, Aug. 23, 1864.
175
LITIGATION.
the overthrow of the judges was a blessing to Ne- vada, as it would stop litigation for a time, during which the miners could go on with their work with- out fear of being enjoined but nothing was said about the benefit it might be to drive out the lawyers, who took hundreds of feet of the best mines to keep litiga- tion going, and used hundreds of thousands of dollars of their clients' money to corrupt whoever stood in their way. Whatever may be said of the Nevada bench at this time, I know of no more trying position than that of an appointed judge.
CHAPTER VIII.
STATE GOVERNMENT.
1864-1881.
LEGISLATION-MOVEMENTS TOWARD STATE ORGANIZATION-THE UNION PARTY-UNION SENTIMENTS-MILITARY COMPANIES-GOVERNOR BLAS- DEL-FIRST STATE LEGISLATURE-FINANCES -TAXATION-STRUGGLES . FOR SENATORSHIPS - MONEY ALL-POWERFUL - GOVERNOR BRADLEY GOVERNOR KINKEAD-POLITICS OF THE PERIOD-MONOPOLY AND POLITI- CAL CORRUPTION-SILVER IN CONGRESS-PUBLIC INSTITUTIONS.
Ar the territorial election of September 3, 1862, Gordon N. Mott was chosen delegate to congress." 1 Twenty-six representatives and five councilmen were elected to legislate for the people. They changed the time of meeting for succeeding legislatures to the sec- ond Tuesday of January in each year, granted numer- ous franchises, authorized the creation of a jail fund in Ormsby county, increased the compensation of the federal judges, authorized the preservation of files of all newspapers, provided a contingent fund for the territory, created the county of Lander, amended the common-school law passed at the first session, created a prison board, and performed the usual amount of miscellaneous law-making 2 of no particular interest to the historian. It should be noticed, however, as re- lating to what has gone before, that at this session the federal judges were reassigned to their districts, the chief justice remaining in the 2d district; Jones was removed to the 1st district, such assignment not to take effect until Mott should have resigned, or until
1J. J. Musser, John D. Winters, and J. H. Ralston were the opposing candidates, their strength being in the order here given.
2 Nev. Laws, 1862, 15, 65, 73, 76, 94, 53, 110, 115, and 127.
(176)
177
POLITICS.
the 4th of March, 1863; from which it would appear that the legislature contemplated the resignation of Mott, and invited it.
In the matter of mining laws, little was attempted. By one act mining claims were made thereafter trans- ferable by the same formalities as other real estate, but conveyances previously made, "with or without seals, recorded or unrecorded," were to be held valid if done in conformity to the "lawful local rules" of the several mining districts, and by these rules the right to contested claims should be decided in court. By another act companies might sue for injuries sus- tained by the mismanagement of adjacent companies, and any judgment obtained might become a lien upon the property of the judgment debtor, either party having the right to apply to the courts for an order for a survey. By a third act corporations might sue individual members for assessments. By this law it was easy for the rich members to "freeze out" the poorer ones, and take their shares for assessments made by a majority of the whole company. An act to provide for forming corporations was an attempt to compel mining companies owning in Nevada to keep their principal offices and books within the limits of Nevada, under a penalty, if refusing, after six months, of losing their standing in the courts of the territory. This act was not approved by congress.3 On the 20th of December an act was approved to frame a consti- tution and state government, and an election of dele- gates ordered to take place on the first Wednesday in September 1863, an appropriation of $3,000 being made to pay its expenses." The vote of the people
3 Latham of Cal. procured the disapproval by congress of this act bciore the 6 months had passed. Sen. Jour., 220, 402, 37th cong. 3d sess .; Acts, 99, 37th cong. 3d sess., Misc. Doc,, 11, 37th cong. 3d sess .; S. F. Bulletin, Oct. 11, 1861.
4 The councilmen of the 2d territorial legislature were: John W. Pugh, Esmeralda co .; Ira M. Luther, Douglas co .; Thomas Hannah, A. W. Pray, and J. L. Van Bokkelen, Storey co .; Isaac Roop, Roop co .; Gaven D. Hall, and John C. Lewis, Ormsby co .; R. M. Ford and Henry M. Steele, Lyon co .; James H. Sturtevant and Solomon Geller, Washoe co .; M. S. Thompson, Humboldt co. John H. Pugh was president, George W. Hopkins, secretary, HIST. NEV. 12
178
STATE GOVERNMENT.
for or against state government was provided for in the same act. If they desired state government, the delegates would meet at Carson on the 2d of No- vember.
The result of the election showed a vote of 8,162, and a majority for a state constitution of 5,150. So strong an indication of popular sentiment inspired confidence in the minds of the delegates-elect that the instrument they should prepare would be accepted, and they accordingly put forth their best endeavors to create a constitution which should meet with favor and at the same time serve their own political pur- poses. But in this last attempt they defeated the main object. The constitution, as framed, provided that the offices created by it should be filled at the same time that the vote was taken on the instrument itself. This naturally led to opposition from all who desired to be nominated to some office, and were not. They would not vote for the men who were in the places they coveted; and by refusing to vote they defeated the constitution, and the plans of those who had expected to carry out their designs by attaching them to the success of the constitution. The union party, which had heretofore carried everything be- fore it in Nevada, exhibiting the most intense loy- alty, was now divided by factions on account of offices, and the seceders united with the anti-union demo- cratic party to prevent the adoption of the organic act.
Foremost among the seceders were William M. Stewart and A. W. Baldwin. The former used all
George L. Palmer asst sec., George Madeira sergeant-at-arms, Daniel R. Haw- kins messenger, Henry M. Lewis fireman. The representatives were: John H. Mills, James Drew Meagher, W. S. Mineer, J. G. Howard, J. Williams, M. N. Mitchell, E. R. Burke, and William H. Davenport of Storey co .; Theodore Winters, J. K. I.ovejoy, and R. W. Peekins of Washoe co .; W. H. Brumfield, A. Curry, and Aaron D. Treadway of Ormsby co .; J. M. Ackley, John McDonald Jr, and John B. Winters, Lyon co .; Robert Fisher and Charles M. Tuttle, Douglas co .; William H. Clagett and A. J. Simmons of Humboldt co .; Arthur M. Mekeel, John S. Ross, and J. M. Calder, Esmer- alda co. John H. Mills was speaker, William M. Gillespie chief clerk, Charles D. King asst clerk, John Bowman sergeant-at-arms, Charles T. Carter messenger, Charles Helm fireman,
179
CONSTITUTIONAL CONVENTION.
his powerful influence to enlist the mining population against the constitution, upon the pretext that it taxed mining property, the "poor miner's shafts and drifts and bed-rock tunnels." The phrase, honest miner, came to provoke a smile wherever heard, from the frequency and effect with which the great lawyer used it in his speeches. It was sufficient, with the political discord, to make abortive the work of the constitutional convention.5 The split in the party appeared at the nominating convention which met at Carson in December, C. N. Noteware president, A. P. K. Safford secretary, to select candidates for the state offices. It was there that the regular party, under Thomas Fitch, the "silver-tongued," himself an aspirant for the office of state printer, had its first contest with the Stewart division. But it was at the polls6 that they felt the weight of the opposition which overthrew them.7 Of the nine newspapers four supported the opposition,8 three of the four giving their support to the democratic party within a short period thereafter, and the fourth in 1867.
5 The members of the constitutional convention of 1863 were William G. Alban, Nathaniel A. H. Ball, Charles H. Bryan, C. M. Brosnan, Samuel A. Chapin, John A. Collins, Levi Hite, Miles N. Mitchell, Joseph R. Plunkett, William M. Stewart, and James C. Corey, of Storey co .; Frederick K. Bech- tel, Henry Conner, James Stark, L. O. Stearns, and Samuel Youngs, of Es- meralda; Edward B. Dorsey, George L. Gibson, J. Neely Johnson, John H. Kinkead, and Warren Wasson, of Ormnsby; Frederick A. Ent, Edward C. Ing, John W. North, Charles S. Potter, Thomas B. Shamp, of Washoe; William Epler, W. R. Harrison, and A. W. Nightingill, of Humboldt; James W. Haines, C. N. Noteware, and James W. Small, of Douglas; Wil- liam B. Hickok, George A Hudson, Frank H. Kennedy, James B. McClure, and William H. Virden, of Lyon; Marcus D. Larrowe and James H. Ralston, of Lander. W. M. Gillespie was sec., A. J. Marsh and Amos Bowman re- porters, and H. M. Stow door-keeper.
6 The vote stood, with Ormsby county left out, 2,157 for the constitution, and 8,851 against it.
7 The candidates put in nomination by the convention of December who received the greatest number of votes at the special election in January 1864, were John B. Winters congressman, M. N. Mitchell gov., M. S. Thompson licut-gov., R. S. Mcsick, M. D. Larrowe, J. B. Harmon, judges of sup. court, Orion C. Clemens sec. state, W. B. Hickok treas., E. A. Sherman controller, H. G. Worthington atty-gen., A. F. White supt of instructions; Alfred Helm clerk of sup. ct, G. W. Bloor state printer, H. M. Jones, William Haydon, T. M. Pawling dist judges.
8 The opposition papers were the Virginia Union, controlled by Fitch; the Old Pah Ute , also of Virginia; and the Aurora Times.
180
STATE GOVERNMENT.
But though disappointed, the friends of state gov- ernment were not discouraged, a bill being introduced in the United States senate, in February following the January defeat, authorizing the people of Nevada to frame a state constitution, which was approved by the president in March, and was followed by a proc- lamation from Governor Nye calling for an election of delegates on the 6th of Juneº to a constitutional convention, to be held on the 4th of July at Carson
OF THE
SEAL
STATE
ALL FOR OUR
COUNTRY.
OF
N
VADA
STATE SEAL.
City. The form of framing anew a state constitution was gone through with, the instrument being sub- stantially the same as the one rejected, except in the
9 Unionville, Humboldt, Register, May 14, 1864. Storey co., where the strongest opposition had prevailed, sent Nathaniel H. Ball, Cornelius M. Brosnan, Samuel A. Chapin, John H. Collins, Charles E. De Long, Josiah Earl, Thomas Fitch, Lloyd Frizell, Almon Hovey, Charles W. Tozer; Ormsby co. sent Israel Crawford, George L. Gibson, J. Neely Johnson, J. H. Kin- kead, and A. J. Lockwood; Humboldt co., James A. Banks, E. F. Dunne, and William Henry Jones; Washoe co., W. W. Belden, H. B. Brady, Gil- man N. Folsom, George A. Nourse, and James H. Sturtevant; Lyon co., J. S. Crossman, George A. Hudson, Francis H. Kennedy, and H. G. Parker; Esmeralda co., B. S. Mason, J. G. McClinton, D. Wellington, and William Wetherill; Lander co., E. A. Morse, J. H. Warwick, and R. H. Williams; Nye co., (created by the legislature of 1863-4), Francis M. Proctor and Francis Tagliabue; Churchill co., Nelson E. Murdock; Douglas co., J. W. Haines and Albert D. Hawley. Johnson was president, William M. Gilles- pie sec., Andrew Whitford assst sec., A. J. Marsh reporter, T. M. Carson serg. - at-arms, William E, Skeene door-keeper, George Richards page.
181
LOYALTY TO THE UNION.
matter of taxation, the new constitution exempting all property in mines and taxing only the products. 10 Everything was put in order for adoption, even the seal of state, which represented the sun rising over mountains, an elevated railroad bridge supporting a train of cars, a quartz-mill on the right with a load of ore approaching it from the left, a plough and a sheaf of wheat in the middle foreground, and around the margin "Seal of the State of Nevada." The declara- tion of rights, and of the paramount powers of the federal government, were in the most liberal spirit, and of the most intense loyalty, there having been up to this time but one political party recognized, and that the loyal party.
Battle-born, owing existence to an attack on the integrity of the nation, and paying for it with a moun- tain of precious metals, we should scarcely expect to find this new commonwealth disloyal. California in 1861, while raising her regiments of volunteer infantry, received a company from Nevada. In 1862 the 3d regiment of California volunteers, under Colonel Con- nor, commanding the military district of Utah and Nevada, was stationed at the United States posts in Nevada, with headquarters at Fort Churchill. Con- nor issued an order, on taking possession, forbidding the utterance of traitorous sentiments, or threats against the loyal population; and though having now and then to put down disaffection by a show of force, he had little trouble in maintaining good order, the great majority everywhere being ready to give him assistance. In 1863, an order being received to raise a battalion of cavalry in Nevada, six companies were formed, consisting of 500 men, and six companies of infantry of about the same strength.' 11 These volun-
10 Nev. Laws, i. cxxvi .; Kinkead's Nevada and Alaska, MS., 4.
11 The first officer mustered into the service was J. H. Matthewson, who opened a recruiting office at Gold Hill. He was commissioned Ist lieut of Co. B., Nevada Cav. Vol., N. Baldwin, capt .; Co. A. being formed at the same time at Silver city, E. B. Zabriskie, capt. Baldwin became major of the
182
STATE GOVERNMENT.
teers, like those of California and Oregon, were enlisted with the promise of being sent to fight the battles of the union when they should be sufficiently well drilled ; but being needed on the frontier in subdu- ing hostile Indians, and suppressing incipient civil war, they never had the opportunity they craved. They remained and performed their less distinguished duty in Nevada and Utah. The militia organization was also made the subject of legislative care at every session. 12
But it was in contributions of money, so much needed by the government and wounded soldiery, that Nevada most exhibited the people's patriotism. Besides providing by law for the payment of her quota of the war debt, the territory contributed $163,581.07 in currency to the sanitary fund between the years of 1862 and 1865.13 Independently of this was over $175,000, raised by one individual, R. C. Gridley, who, from being an open disunionist, was transformed, in the performance of this charity, into a loyal citizen. 14 Nor were the legislators less mind-
battalion, and was placed in command at Fort Bridger. Zabriskie could have had the position, but preferred to remain with his company. H. Dalton was recruiting capt. of Co. C; George Milo of Co. D, Robert Dyon of Co. E. and J. W. Calder of Co. F. Co. D. was afterward commanded by Capt. A. B. Wells, and Co. E. by Robert C. Payne. The infantry was commanded as follows: Co. A., Capt. A. J. Close; Co. C, Capt. M. R. Hassett; Co. E. Capt. G. A. Thurston; Co. F. Lieut W. G. Seamonds; Co. G, Capt W. Wal- lace; Co. H, Capt. A. B. Kelly.
12 The companies formed in 1864 were Dayton Guards, Dayton Artillery, Emmet Guard, of Como, Silver City Guard, and others. Dayton Sentinel, July 2, Sept. 3, and Dec. 3, 1864, and April S, 1865; Nev. Comp. Laws, ii. 356-76; Nev. Statutes, 1866, 22, 206, 267, 272; Nev. Jour. Sen., 1873, App. no. i. p. 18.
13 Almarin B. Paul was secretary of the Nevada branch of the Sanitary Commission. The above sum, as given in Paul's report, does not include the counties of Humboldt, Nye, and Churchill, which must have given from $6,000 to $10,000 more. Gold Hill News, Sept, 8, 1865.
14 The Gridley sack of flour became historical. It was from a wager be- tween two citizens of Austin, Lander county, upon the result of a local elec- tion. The republican candidate for mayor was elected. It was agreed that the loser of the wager, which was a 50-pound sack of flour, should carry it to the winner, a distance of about a mile. Subsequently it was suggested to give the sack to the sanitary commission, and amidst much mirth and en- thusiasm it was put up at auction. Men bid against each other chiefly for the sport it gave, and the person to whom it was knocked down returned it to the auctioneer to be sold over again, until $4,549 in gold had been paid in. Gridley caught at the idea of raising a large sum in this manner. He
183
PARTY POLITICS.
ful of their expressions of loyalty, but passed reso- lutions expressive thereof1 upon every fitting oppor- tunity, enacting a law depriving those who were dis- loyal from voting at elections. This was done not less to hold in check the agents of a secret organi- zation than to encourage the government.16 Had the schemes of Gwin and Lane been carried out, it was expected that Nevada would be brought under the new government, and of this design the union men
were not ignorant. They took possession of the ter- ritorial government, and kept it until the period when a state constitution was under consideration, when the democrats proceeded to organize themselves into a party, Frebruary 14, 1863, to strive for what- ever share of the offices under the state government they might be able to secure.
The only act looking toward insubordination was the rejection of the national currency by incorporat- ing in the practice act of 1863-4 a provision substan- tially the same as the California specific-contract act, by which gold only could be paid in cancellation of debts where the contract read "payable in gold coin of the United States;" but this did not receive the 17 sanction of the governor.
The total vote on the acceptance of the constitu-
visited the towns on the Comstock, where he sold his sack of flour over and over, until he took in $25,000 more in gold, after which he visited California, obtaining altogether from these auctions alone $175,000. He then visited the east, and added considerably to this great charity, giving a year of his life to the mission. It is said that he injured his health by the excitement of the campaign. At all events, he died in 1871 at Stockton. Stockton Evening Mail, March 10, 1881; Harper's Mag., June 1866, 34-6; S. F. Bulletin, May 19 and 25, 1864; Austin Reese River Reveille, June 4, 1864. Nev. Scraps, 238. Among other gifts to the sanitary com. were several silver bricks. S. F. Call, May 4 and Aug. 17, 1864; Como Sentinel, June 18, 1864. The last silver slab was sent in 1865. Dayton Sentinel, Feb. 4, 1865.
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