An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 13

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524

USA > Idaho > Kootenai County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 13
USA > Idaho > Nez Perce County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 13
USA > Idaho > Shoshone County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 13
USA > Idaho > Latah County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 13

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The following May Sheriff James H. Fisk and Hill Beachy took Page to the scene of the tragedy. The remains of the victims were found in the places indi- cated by the testimony. The entire locality tallied with Page's descriptions ; the sack of rings, buckles and tin- ware was discovered under the log as he had said; in fact the story was corroborated in every detail by mute but truthful witnesses. It was by a notebook found on the person of one of the Chalmers brothers that the identity of these unfortunate young men was estab- lished.

It is pleasing to add that the efficient services of the brave Beachy did not go unrewarded. Five weeks of ttnremitting effort had been expended by him, as well as considerable sums of money. in the capture of the murderous quartette. For his reimbursement and com- pensation there was appropriated out of the territorial treasury, by an act approved February 2, 1864. $6,244.

The population of southern Idaho, induced thither in flocks by the discovery and development of the mines of Boise basin and other districts, was greatly swelled during the early part of 1864 by immense im- migrations from the southern states. The results of this infusion of secession sentiment may be easily im- agined. The political complexion of the entire state was changed and a disturbing element introduced into society in general, making good government for the time an impossibility. It is stated that in southern Idaho it was all a man's life was worth to express Union sentiments in a demonstrative wav, and the number of homicides in Boise county alone during 1864 is said by Bancroft to have exceeded twenty, "with assaults and robberies a long list." To combat this dis- loyal sentiment as much as lay in its power the district court held in that county exacted of persons applying

HISTORY OF NORTH IDAHO.

to practice in it as attorneys that they subscribe to the following oath : "I do solemnly swear (or affirm) that I will support and defend the constitution and govern- ment of the United States against all enemies, whether domestic or foreign; that I will bear true faith, alle- giance and loyalty to the same, any ordinance, resolu- tion or law of any state or convention or legislature to the contrary notwithstanding; and further that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatever ; and further, that I will well and truly perform all du- ties which may be required of me by law, so help me God."

But no oath could be required which would deprive the citizens, however disloyal or unworthy, of political rights. Just one Union man was elected to the legis- lative assembly in the election of 1864. Soon the gov- erning body of Idaho, being composed largely of men at variance with the general government, and careless of the responsibilities of their positions, entered upon a career of infamy comparable only to the carpet-bag governments which shortly afterward came into power in the south. "The third session," a writer is quoted as having said, "was by all good men, irrespective of party, pronounced infamous, but this one (the fourth) is satanic." The governors, acting under federal ap- pointment, were, of course, loyal men, though some of them had nothing else to their credit. They could and did veto bills at open variance with the constitu- tion, the organic act or the plain interests of the people. These were in general passed without the governor's signature, but fortunately ran up against an insur- mountable barrier in the United States Congress, which had the power to nullify such acts of territorial legisla- tures as failed to meet its approval.

Happily north Idaho was not distracted and torn in any such manner by the inroads of an army of dis- loyal people. That part of the territory had had its era of bloodshed and anarchy. Now, however, the ruffian elements had gone to the Boise basin, Montana and elsewhere, stable local governments were being es- tablished, the miners were busily engaged in garnering the wealth of their claims and the entire community was settling down to an era of quiet progress and the evolution of a law-abiding, social esprit de corps. But north Idaho was far from pleased with the doings of its legislature. The act which most deeply incensed the people of this section was that depriving Lewiston of its proud prestige as the seat of government, which act, approved December 7, 1864, title omitted, was indited thus :

Be it enacted by the legislative assembly of the territory of Idaho, as follows: That the capitol of the territory of Idaho be and the same is hereby permanently located at Boise City, in the county of Boise and said territory of Idaho.

"Section 2. The capitol buildings are hereby lo- cated on the grounds known in and described on the plot of said Boise City, as the Capitol Square, and the Honorables Caleb Lyon, C. B. White and J. M. Ken- edy are hereby appointed as commissioners to receive a deed to said Capitol Square, and such other grounds

as may be deemed necessary to hold in trust for the Territory, for the purpose of erecting the capitol build- ings aforesaid.

"Section 3. The Secretary of said Territory is hereby authorized to immediately draw a warrant upon the treasurer of the territory for such sum, not exceed- ing the sun of two thousand dollars, as shall be neces- sary to remove the papers, books, documents and other property belonging to his office to said Boise City.

"Section 4. This Act shall take effect from and after the twenty-fourth day of December, A. D., 1864."

Naturally the measure above quoted was received with great disfavor by the citizens of north Idaho in general and those of Lewiston in particular. As is customary in such cases the parties aggrieved by the act of the legislature resorted to the courts, hoping thereby to win their point. Referring to this litiga- tion some years later, Alonzo Leland, through the col- umns of his paper, The Teller, reviewed the case as follows :

"The last part of the IIth section of the organic act of Idaho reads thus: 'And no expenditure shall he made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations nor beyond the sums thus appropriated for such objects'. The whole of said section makes provision for the expenses of our territorial govern- ment, including the governor, secretary, judges, leg- islative members, clerks and other officers, and all con- tingent expenses including rents of buildings for the meeting of the legislature and offices for other officers of the United States, and these appropriations are made upon estimates made by the secretary of the treasury annually, and the legislative assembly cannot, in the language of the act, expend money 'for objects not specially authorized hy acts of congress nor can that body go beyond the sums thus appropriated for such objects.'

"The organic act says that 'the legislative assembly of the territory shall hold its first session at such time and place in said territory as the governor shall ap- point and direct.' Governor Wallace, by proclamation, duly ordered that the first legislature convene at Lew- iston, on the 7th day of December, 1863. They so con- vened and held their session 60 days, and passed an act providing that their next legislature should convene on the second Monday in November, 1864. The or- ganic act further savs 'and at said first session or as soon thereafter as they deem expedient, the governor and legislative assembly shall proceed to locate and es- tablish the seat of government for said territory at such place as they may deem eligible ; provided, that the seat of government fixed by the governor and leg- islative assembly shall not be at any time changed ex- cept by an act of the said assembly duly passed, and which shall be approved after due notice, at the first general election thereafter, hy a majority of the legal votes cast on that question.'

"At the first session an attempt was made to pass an act to remove the seat of government, but the at- tempt failed and the second legislature met at Lewis- ton in November, 1864. During that session they es-

HISTORY OF NORTH IDAHO.

sayed to pass an act permanently locating the capi- tol of Idaho Territory at Boise City, and the governor signed the bill, without making any provision for submitting the question to the people for ratification, and attempted to move the seal and archives, where- upon a suit to enjoin the removal was brought on the part of the people of the United States to restrain them, and was heard in the district court, at the April term of the court in 1865.

"Following is the bill of complaint filed in the cotirt :

The people of the United States of the Territory of Idaho, per T. M. Pomeroy, relator, plaintiff, vs Caleb Lyon, of Lyonsdale, governor of Idaho Territory, and S. D. Coch- ran, acting secretary of Idaho Territory, or any person acting in? said capacity. defendants.

In the District Court of the First Judicial District, Terri- tory of Idaho, county of Nez Perce, A. C. Smith, presiding. Complaint for injunction. Thomas M. Pomeroy, district at- torney for the First Judicial District, of the Territory of Idaho, having been duly sworn, in behalf of the people of said territory, would respectfully show to the court :

That on the third day of March, A. D., 1863, the Con- gress of the United States passed an act creating the terri- tory of Idaho; subsequent to which creation said territory was duly organized by the appointment of a governor, secre- tary and other officers and on or about the 10th day of July, A. D., 1863, said governor and secretary arrived at Lewis- ton in said territory and there temporarily located the seat of government of said territory, from which place the said governor issued his proclamation for an election of members of the Council and House of Representatives to convene at said Lewiston on the 7th day of December, A. D., 1863, and qualify and organize as the Legislative Assembly of said territory.

In pursuance of said proclamation said election was held and said legislators convened at Lewiston on the 7th day of December aforesaid, and qualified as members of said as- sembly and proceeded to the business of legislation for the people of said territory. By the provisions of said act creat- ing said territory of Idaho, the term of service of each mem- ber of the legislative council was to continue two years, and the term of service of each member of the House of Repre- sentatives was to continue one year.

The said legislative assembly at said first session passed an act in conformity with said organic act, creating sundry offices for said territory among which were the offices of councilmen and members of the House of Representatives and limiting their term of service respectively to two and one years. Said assembly further passed an act relative to elec- tions providing for the election of councilmen and members of the House or Representatives on the first Monday in Sep- tember annually. which act provides as follows :

"The term of office of all officers elected shall begin on the first Monday in January next ensuing, unless some other express provision is made by law." Said assembly also passed an act providing, as follows: "Hereafter the legislative as- sembly of the territory shall convene on the second Monday of November of each year, at the territorial capital, at the hour of twelve o'clock M."

Congress during its session in 1863-64, passed an act amendatory to the organic act creating Idaho territory, which deferred the time of the annual election for the year 1864, from the first Monday in September to the second Monday in October, without changing the time at which the officers elected should begin their term of office.

On said second Monday in November, the time fixed for the meeting of the legislative assembly, sundry persons claiming to have been elected as members of the House of Representatives at the October election aforesaid, assembled at Lewiston, aforesaid. and assumed to proceed to organize as a House of Representatives for the territory of Idaho,

contrary to law and the statutes, and also to the rights of the people of said territory.

Said House of Representatives further assumed to enact laws to be in force and to govern the people of said terri- tory, among which was an act purporting to permanently locate and establish the seat of government at Boise City and to appoint Caleb Lyon, a federal officer, a commissioner for receiving and holding of deeds to grounds upon which the capitol buildings are to be erected; authorizing the secretary of the territory to draw a warrant upon the territorial treas- urer for moneys to defray the expenses of the removal of the territorial archives from Lewiston, aforesaid, to said Boise City. All of which provisions are contrary to law and against the rights and interests of the people of said territory.

This affiant is informed that the bill for said act of re- moval has passed this illegal House of Representatives and also the legislative council, and received the signature of Caleb Lyon, of Lyonsdale, who claimed to act as the governor of said territory.

This affiant is not informed that said Caleb Lyon, of Lyonsdale, has ever filed his official oath in manner provided by law, and further believes that no such oath has ever been legally filed or recorded, so as to duly qualify him to approve acts passed by the legislative assembly of said territory. This affiant is informed and verily believes that Silas D. Cochran, the acting secretary of said territory. or some person acting in said capacity in conjunction with the said Caleb Lyon of Lyonsdale, acting as governor. are about to remove the seal, laws and archives of said territory, from Lewiston, the legal place for their deposit, to said Boise City, contrary to law and greatly to tlie damage of the people of said territory, and this affiant further believes that said governor and secretary will proceed to cause a great expenditure of the money of the people of the territory of Idaho, consequent upon such removal and location at Boise City, and the erection of capitol buildings, greatly to the damage of said people, if not re- strained by the interference of the courts.

This affiant is apprised of no other relief for the people than to petition the court to issue a writ to restrain them, the said governor and secretary, from the performance of these illegal acts. . Therefore this affiant prays the court to issue such writ forthwith and as in duty bound will ever pray.

THOMAS M. POMEROY, District Attorney Ist Judicial District, I. T. Subscribed and sworn to before me this 22d day of De- cember, A. D., 1864.

JOHN G. BERRY. Probate Judge.

"Upon the above complaint the court issued a tem- porary injunction which was served upon Lyon and Cochran, December 29, 1864. The defendants filed what they claimed to be an answer, denying merely the legal conclusions of the complaint without denying any of the facts, except that which charged that the governor assumed to exercise the functions of the governor in singing the capital bill without having taken and filed his oath as required by law. Mean- time the governor fled from this part of the territory in a small boat down the Snake river, tinder the pre- tense of going duck hunting, and never since then has he made his appearance in northern Idaho. Soon af- terwards a new secretary was appointed from Wash- ington and came to Lewiston, named C. DeWitt Smith, tipon whom the order of injunction was duly served. He remained here some days and after a while it be- came known that he contemplated a violation of the injunction, and upon affidavit showing these facts, the court issued an order direct to the officer, command- ing him to summon such force of citizens as he deenied

4 1

HISTORY OF NORTH IDAHO.

necessary to assist him in enforcing the order. Mean- time, Smith, unbeknown to the officer, had proceeded to the military garrison at Lapwai, and procured a de- tachment of U. S. troops, armed under command of Lieutenant S. R. Hammer, and with them approached the town stealthily, via a dry slough of the river, and not via the public road to the ferry, and when the civil officer and his men approached to prevent Smith from removing the seal, this military force with arms rushed forward and prevented the civil officer from executing the order and Smith, with the seal, laws and archives, went upon the ferry boat, under the escort of this mil- itary force, who continued their escort until they had proceded into Washington Territory beyond the juris- diction of the civil officer and thus Smith escaped. The civil officer's return on the order was in the fol- lowing language :

"Not served on account of defendants being es- corted by an armed body of soldiers, commanded by Lieutenant S. R. Hammer, who resisted the service.

J. K. VINCENT. Special Deputy U. S. Marshall.'

"It was afterwards learned that Smith made his appearance at Boise City with the seal, laws and arc- hives of the territory, and there the territorial property has remained ever since. At the April term of the court, 1865, the case was heard at Lewiston, able coun- sel appearing on both sides, and on the 17th of April the temporary order of injunction was made perpetual. "Judgment was entered as follows :

Lewiston, Monday, April 17, 1865.

"Court convened at IO A. M., pursuant to adjourn- ment. Present, Hon. A. C. Smith, presiding and E. C. Mayhew, clerk ; proceedings of the previous day read and approved.

"People of the United States of Territory of Idaho. T. M. Pomeroy, relator, plaintiff, vs. Caleb Lyon and S. D. Cochran, defendants. An action to restrain the defendants from removing the seal and archives of the Territory.

"T. M. Pomeroy. assisted by Anderson, Trayer and Leland of counsel for the plaintiff, and T. M. Reed, assisted by Samuel E. Darnes of counsel for defend- ants.

"It is the decision of the court that the act perma- nently locating the capitol of Idaho Territory at Boise City is invalid, having been passed by an illegal and unauthorized body. Therefore let judgment be entered in accordance with the prayer of the complaint.

ALLECK C. SMITH, Judge Ist Judicial District, Idaho Territory.'

"A similar judgment was entered against the ter- ritorial treasurer from moving his office to Boise City, and there both of these judgments stand on the rec- ords to this day, unreversed by the supreme court of the territory nor any other court having jurisdiction. In defiance of this they moved the seal and archives by a military force away from this part of the territory, beyond the reach of the people of Lewiston and north Idaho.

* *

"From this decision the defendants filed a notice

of appeal on the 20th day of April to the supreme court of the territory. That appeal was never heard and determined in the supreme court, and we do not know that the appeal was ever perfected, although we were an attorney for the plaintiff in the case. We find no report of the case in the supreme court reports. Where is the capital by law ? Surely not at Boise City."

But whether the territorial capital was legally re- moved to Boise City or not, the case has now been put at rest forever by provision of the Enabling Act by which the territory became a state. However, the breach caused by this act of the legislature was many years in healing, if, indeed, it has ever been fully healed. It and the fact that natural barriers cut the territory into two distinct divisions having little of common inter- est to bind them together have resulted in the north Idaho people's having striven for a full quarter of a century with singular unanimity for political segrega- tion from Idaho and union to Washington. The strug- gle toward that end, taken up shortly after the removal of the capital from Lewiston, was not given up until Washington Territory's admission to statehood made success hopeless and further effort useless.

The establishment of routes of travel incident to the discovery of the mines continued almost without abatement, judging by the number of licenses granted during the legislative session of 1864. Charles W. Frush and associates were licensed to establish a ferry across the Pend Oreille or Clark's fork of the Co- lumbia river at or near the point where the military commission road crosses said river, but as far as we know nothing was done under this franchise. John Silcott was granted the right to establish a ferry across the St. Joseph river, at or near the point where the direct or main trail leading to the Coeur d'Alene mis- sion crosses said river. S. A. Woodward and L. P. Brown were licensed to construct and maintain a toll road from Brown's Mountain House (where Mt. Idaho now stands) in Nez Perces county, along the most di- rect and practicable route to Florence, in Idaho county, for a period of ten years. Charles Addis was granted a ferry right across the Coeur d'Alene river at or near the point where the trail to Coeur d'Alene mission crossed said river. Thomas Kirkpatrick, George Sears, A. P. Ankney, Alonzo Leland, James Tufts, S. S. Slater, John Creighton, and George Zeigle were granted the exclusive right and privilege of establish- ing and maintaining a toll road from Elk City, Nez Perces countv. along the most practicable route east- ward to the western line of Montana Territory, the grant to extend twenty years on certain fixed condi- tions. This road never was anything but a trail. J. B. Roberts, A. E. Ridles and J. T. Galbraith were li- censed to operate a ferry on Kootenai river at a point fifteen miles below Linklighter's station. Charles H. Canfield was granted the right to operate a ferry across the Pend Oreille or Clarke's Fork of the Columbia, at a point about twelve miles above where military or boundary commission road crossed said river. Jolın W. Hillin was licensed to operate a ferry across the Spokane river at or near Indian crossing, and both former and subsequent ligislatures were many times

HISTORY OF NORTH IDAHO.

called upon for similar franchises and privileges, show- ing the rapidity with which the country was becoming networked with routes of commerce and general trans- portation.

Much of this, however, was stimulated by the dis- covery in 1863 and 1864 of mines in the Kootenai country of British Columbia, which drew away from the mining districts of north Idaho a considerable por- tion of this population. Indeed the miners were in great readiness for some new excitment, for even then some of the richest placer fields, especially in the Flor- ence district, were giving premonitions of coming ex- haustion. The mining rules prohibiting persons of the Mongolian race from operating in the different districts were beginning to be but laxly enforced and gradually the less valuable claims passed into the hands of Chinamen. These conservative, patient op- eratives were eventually, by an act of the legislature approved January 1I, 1866, permitted to work the mines on payment of a license of five dollars per month for the entire time they remained in the territory. Later still other licenses were exacted.

The interest and excitment of the earliest mining days were temporarily reviewed late in the summer of 1865 by the circulation in Lewiston and Walla Walla of a rather strange report. It was stated that a man named Wilson had discovered a new gold district in northern Idaho, which promised to rival the cele- brated Florence and Boise discoveries. While on a wandering prospecting tour, so Dame Rumor stated, he had stumbled into three auriferous basins in the Coeur d'Alene region, each one equaling the Boise district in extent. A stampede ensued forthwith. Thousands hurried to the scene. Charles G. Kress, of Lewiston, estimates that the number from Boise that passed through that town must have aggregated be- tween three and four thousand and that perhaps as many more went into the region by other routes.

The gold seeking hordes made the Coeur d'Alene mission their objective point, expecting to be led with- out delay to the discovery. Wilson was hunted up. He proved reticent at first and finally claimed that he had forgotten the location of the diggings and was un- able to find them. The disappointment and consterna- tion of the expectant miners may well be imagined. Chagrin soon gave place to anger, and Wilson's life was threatened. He was eventually compelled to appeal to the priest at the mission for protection and it was through the intercession of the clergyman that he es- caped lynching.

Meanwhile prospecting parties threaded the valleys and canyons and climbed the impending hills, hoping to find some return for their outlay and trouble. They spread out widely over northern Idaho and into west- ern Montana, in the latter of which regions rich dig- gings were eventually struck. This induced much travel through Lewiston, causing a decided improve- ment in financial conditions for a time. The boom lasted all that fall. Mr. Kress tells us incidentally of a train of six camels which passed through town during the excitement, enroute for Montana, certainly a novel trading outfit in this part of terra firma.

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An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 13

Author: Publication date: 1903 Publisher: [S.l.] : Western Historical Pub. Co. Number of Pages: 1524

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524