USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 16
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"Thanksgiving let us give to the God of Mercies for healing the wounded, comforting the sick and imprisoned, consoling the widows and the fatherless, and delivering those that were in bondage.
"In concord with the recommendation of the President of the United States, I, Caleb Lyon, of Lyonsdale, governor of the Territory of Idaho, hereby ap-
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point Thursday, November the 24th, as a day of thanksgiving and praise, and truly commend its observance.
"In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the Territory of Idaho.
"Done at Lewiston, this 15th day of November, A. D. 1864, and in the year of the independence of the United States the eighty-ninth.
"CALEB LYON, of Lyonsdale. "By the Governor,
"SILAS D. COCHRAN, Acting Secretary."
POLITICAL CAMPAIGN OF 1864
Governor Lyon arrived at a time when the Territory of Idaho was just entering upon her second political campaign. In harmony with the provisions of the Organic Act, which authorized annual sessions of the Legislature and fixed the term of office of the members of the lower house at one year, the election of 1864 was therefore for new representatives to the Legislative As- sembly, to fill three vacancies in the council, and to choose a delegate to the Thirty-ninth Congress to succeed William H. Wallace. Governor Lyon sent a special messenger to the various mining camps to apprise the voters of the date of the election and to urge them to "send loyal men to the Legislature." By this means a more general interest in political affairs was awakened and a spirited contest resulted.
Mr. Wallace returned to the territory and tried to effect an organization which would guarantee him a renomination. But conditions were different from what they had been the year before. The country east of the Rocky Moun- tains had been cut off from Idaho by the creation of Montana Territory and there was no Fort Laramie precinct to send in belated returns. The fraud connected with the election of 1863 had been made so transparent that Mr .. Wallace received but slight encouragement.
The democratic convention met at Idaho City and nominated for delegate to Congress Edward D. Holbrook. The republican convention was held at Packer John's cabin. Mr. Wallace's name was not even presented to the con- vention and Judge Samuel C. Parks was nominated by acclamation. Mr. Wal- lace continued to serve until the expiration of his term on March 4, 1865, when his connection with the history of Idaho came to an end. Mr. Holbrook was elected by a substantial majority. W. A. Goulder, in his "Reminiscences of a Pioneer," in commenting upon the election of 1864, says: "I have only this to say, that there are yet many democrats living in Idaho and voting with their party, who, if they were now back to the day and time when their ballots were then cast would most certainly reverse their votes."
Just what line of reasoning Mr. Goulder followed to reach this conclusion it would be difficult to determine. Mr. Holbrook made a creditable record as delegate, so much so that he was again elected in 1866. The delegate in Con- gress from a territory has only limited powers, but the Congressional Record shows that Mr. Holbrook was always alert to the interests of the territory he represented.
Mr. Holbrook, before coming into the Territory of Idaho, had been admitted to the practice of law. He located at Placerville, in the Boise Basin, in 1863,
THE OLD PACKER JOHN CABIN, IN WHICH WAS HELD THE FIRST TERRITORIAL DEMOCRATIC CONVENTION
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and while there was but little legal business to transact at that early date he gave promise of great abilities, which afterward became so manifest in the practice of law. A ready talker and a good mixer, he soon became friends with all with whom he came in contact and when he was nominated in 1864 was undoubtedly the most popular man in the territory.
Mr. Holbrook was only twenty-four years of age when elected and but twenty-eight when his second term of office expired. He immediately returned to the territory and located in Idaho City, very soon becoming the leading lawyer of the territory. He continued to take an active interest in political affairs and made many warm friends, by his actions in that regard, but incurred the bitter enmity of others within his party. In Boise County there was a hard contest fought in 1870 among the democrats, the dominant party at that time, as to which wing of the party, the one dominated by Holbrook or the one domi- nated by those opposed to him, should control the nominations, but a compromise was effected under which the nominations were equally divided between the two contending wings and it was agreed that the leaders upon both sides should give the ticket thus nominated their hearty support. James I. Crutcher, selected as the democratic nominee for sheriff, had been one of the leaders of the faction in the party opposed to Mr. Holbrook. He was defeated in the election of that year, which was held in June, the rest of the democratic ticket being elected. Both himself and many of his friends charged Holbrook with being responsible for his defeat and the bitter feeling theretofore existing between the two fac- tions became intensified and culminated shortly after the election in a street fight at Idaho City between Charles Douglas, a brother-in-law of Crutcher, and Mr. Holbrook, in which the latter was killed. Douglas was arrested and in- dicted for murder, but upon the trial of his case was acquitted, it being shown that both of the parties to the affray willingly entered into it.
SECOND LEGISLATURE
The second session of the Territorial Legislature was convened at Lewiston on Monday, November 14, 1864, and remained in session until December 23, 1864. By the creation of the Territory of Montana by the act of Congress, approved on March 17, 1864, the third council district as originally established disappeared. William C. Rheem and A. J. Edwards, who represented that dis- trict in the first Legislature were thus legislated out of office, and Lyman Stan- ford of the first district had left the territory. The three vacancies were filled by the election of S. B. Dilly, John Cummins and S. S. Fenn. At this session the full complement of thirteen representatives appeared, distributed among the counties as follows : Alturas and Oneida-W. H. Howard; Boise-John Duval, J. McIntosh, W. H. Parpinson, J. B. Pierce and H. C. Riggs; Idaho-Alex- ander Blakely and E. C. Latta; Nez Perce-T. M. Reed and George Ziegler ; Owyhee-Solomon Hasbrouck and F. C. Sterling; Shoshone-W. A. Goulder.
John Cummins was elected president of the Council and Alexander Blakely was chosen speaker of the House. On the 16th Governor Lyon appeared before a joint session of the two houses and read his first message to an Idaho Legis- lature. After a great display of rhetoric regarding the Civil war, in which he spoke of "the sunbursts of glory that surround the achievements of our heroic army and devoted navy," he got down to the practical business of the session.
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He congratulated the members upon the general health and prosperity of the people they represented, recommended the enactment of laws to encourage a system of free public schools; a revision and codification of the laws passed by the first session ; a new revenue law, or a thorough revision of the old one ; ques- tioned the utility of granting franchises to build toll roads rather than a system of public highways, and on this subject said: "The Oregon Trail, trodden by the feet of the early settlers, made precious by their sufferings, often dyed with their blood and consecrated by their graves-in fact the true via sacra-should, if possible, remain free for all." He also advised the passage of an act provid- ing for the organization of the militia, and recommended that a memorial be addressed to Congress asking for the establishment of mail routes for the con- venience of the settlers.
Quite a number of the laws passed by the first session were repealed or amended beyond recognition. Among the new laws enacted were the following: To provide a uniform system for assessing property and collecting taxes ; estab- lishing a common school system; creating the office of prison commissioner, desig- nating the territorial treasurer as the prison commissioner and the county jails of Boise and Nez Perce counties as the territorial prisons ; relating to the discovery of gold and silver quartz leads and the manner of their location : regulating prac- tice in criminal proceedings; defining the duties of certain territorial and county officers ; and levying a tax of $4.00 per month upon foreign miners. This law was subsequently modified so that it applied only to Chinese miners.
A considerable number of special laws were passed, granting franchises for toll roads, bridges, ferries, etc., incorporating Boise City, and removing the county seat of Alturas County from Esmeralda to Rocky Bar. An act was also passed increasing the number of councilmen to eleven and the number of representatives to twenty-two, and apportioning the new representation to the several counties of the territory.
LOCATING THE CAPITAL
In the Organic Act the only reference to a seat of government, or capital. is in section 12, which provided "That the legislative assembly of the territory of Idaho shall hold its first session at such time and place in said territory as the gov- ernor thereof shall direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for the said territory at such place as they shall deem eligible," etc.
At the first session a bill was introduced in the House by Mr. Campbell of Boise County to establish the permanent seat of government at Boise City. The bill was referred to a special committee, consisting of Milton Kelly, Alonzo Leland and L. C. Miller, each of whom made a different report, Mr. Kelly recommending its passage, Mr. Leland, that it be indefinitely postponed, and Mr. Miller, that it be amended by striking out the words "Boise City in Boise County" and insert- ing in lieu thereof the words "Virginia City in Madison County." On February 2, 1864, only two days before the final adjournment, Mr. Kelly's report was adopted and the bill passed by a vote of eight to three. It then went to the Council, where, on motion of Stanford Capps on the last day of the session, it was "indefinitely postponed."
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Thus the first effort to locate a permanent seat of government resulted in failure. On November 23, 1864, Mr. Riggs, of Boise County, introduced in the House a bill to locate and establish the seat of government at Boise City. This bill was referred to a select committee, composed of J. B. Pierce, H. C. Riggs (author of the bill) and W. A. Goulder. Two days later Mr. Pierce, as chair- man of the committee, submitted a majority report signed by himself and Mr. Goulder, which recommended that the question of a permanent seat of government be submitted to the voters of the territory at the general election of 1865. Mr. Riggs brought in a minority report recommending "that the original bill do pass." The majority report was rejected by a vote of eight to four and on the 29th the bill, known as House Bill No. 15, passed the House by the same vote.
The bill first came before the Council on December 1, 1864, and on motion of Mr. Miller, of Boise County, it was referred to the committee of the whole, the majority of which reported in favor of the measure, the report being signed by S. B. Dilly as chairman. A minority report, signed by Capps, Fenn and Water- bury, protested against the passage of the bill, but the majority report was adopted and the bill passed to the third reading. On the 3d it came up for final action and was passed by a vote of eight to three. It was approved by Governor Lyon on December 7, 1864. Five days later he approved an act incorporating Boise City.
Then the people of Lewiston-or those who were in favor of that place as the permanent seat of government-instituted proceedings in the District Court of the First Judicial District, Judge A. C. Smith presiding. Says Goulder :
"The successful prosecution of our law suit for the retention of the capital at Lewiston seemed to demand the arrest of the governor, but to arrest that digni- tary meant, in the first place, to catch him. In the meantime, Caleb learned what was on foot and what was in store for him; so, bright and early the next morn- ing, taking with him Hon. Sol Hasbrouck, of Owyhee County, and his shotgun, he embarked on a frail canoe, with the avowed purpose of shooting ducks on John Silcot's ranch, just across the Clearwater. Mr. Hasbrouck was for many years clerk of the Supreme Court, and died in Boise in 1906. When in mid-stream, the canoe became unmanageable and was borne away by the current down Snake River to White's Ferry, where a carriage was found in waiting on the Washington Territory side of the river, which took Caleb and his shotgun to Walla Walla, where he took the stage for Boise. This was the last that was ever seen of Caleb Lyon, of Lyonsdale, governor of all Idaho, on our side of the Salmon River Mountains."
The departure of Governor Lyon left in Lewiston, as the only representative of the territorial government, Silas D. Cochran, who was kept under close guard by the sheriff of Nez Perce County and a small army of deputies sworn in for the purpose. In due time the case came up in the District Court, the complain- ants claiming that the sesion of the Legislature which passed the capital removal bill began on a day different from that fixed by law, and that certain other irregularities in the proceedings rendered the law null and void. Judge Smith, who was rather inclined to favor the plea of Lewiston, finally handed down a decision, "lengthy, elaborate, complex and involved," one sentence of which was clearly understood, however, and that was that "The capital of the terri- tory is still at Lewiston."
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For some time after this decision was rendered by Judge Smith, the political affairs of Idaho were in a chaotic state. Governor Lyon was absent from the territory, the new secretary, C. DeWitt Smith, had arrived, but he was favor- able to the Boise side of the controversy and declined to go to Lewiston. Of Mr. Smith it is said that he was a native of New York, "a young man of promise, educated for the bar and for some time an employe of the Govern- ment in Washington, but he yielded to the temptations peculiar to frontier so- ciety, indulged in dissipation, from the effects of which he died at Rocky Bar on August 19, 1865, six months after his arrival." After his death Idaho was for some time without governor, secretary or a definite seat of government, but finally orders came from Washington instructing the United States marshal to remove the territorial archives, records, etc., to Boise City and these orders were executed in October, 1865.
THIRD LEGISLATURE
Horace C. Gilson was appointed secretary of the territory on September 4, 1865. About the same time, or perhaps a little later, Governor Lyon returned to the territory, under a reappointment, and the current of political affairs in Idaho began to flow more smoothly.
The third session of the Legislature met at the new capital, Boise City, on December 4, 1865. E. Bohannon, of Owyhee County, was elected president of the Council, and Alexander Blakely, of Idaho County, was again chosen speaker of the House. The attempt to place Governor Lyon under arrest a few months before, in connection with the removal of the capital, apparently made no impression upon his fondness for "highfalutin" language, as he began his mes- sage with the following paragraph regarding the condition of the nation:
"The temple of war is closed. No more shall its iron-mouthed and brazen- throated cannon peal forth dread 'misereres' over half a thousand battlefields, where sleep their last sleep the victor and the vanquished .. No more shall the ear of night be pierced with the echoes of fierce assaults and stubborn de- fense from encompassed and beleaguered cities. The conflict is over, and with it expired the cause. They who appealed to the last argument of kings, ap- pealed in vain. The constitution of our common country has been vindicated and the Union gallantly sustained. The destroyers have become restorers and those who were last in the war have become the first to hail the glorious advent of peace."
He again recommended the enactment of a law to organize the territorial militia ; the incorporation of a territorial agricultural society ; a special tax for building schoolhouses; the improvement of the Snake River for the benefit of navigation ; a wagon road from Lewiston to Helena via Lolo Fork and the Bit- ter Root Valley; a memorial to Congress asking for an appropriation of $100,- 000 for the erection of public buildings, and one urging the establishment of a branch mint and assay office in the territory. He also urged the Legislature to exercise due caution in the granting of franchises.
At this session the members of both houses showed a disposition to work in harmony and to follow the recommendations of the chief executive's message. On January 9, 1866, Governor Lyon approved a memorial to Congress asking for the establishment of a branch mint and assay office at some convenient point
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in the Territory of Idaho. The same day he approved another act confirming the law enacted by the First Legislature increasing the per diem of the Legis- lators and the salaries of territorial officials. Two days later he approved an act incorporating the Idaho Territorial Agricultural Society, and one incor- porating the Idaho, Salt Lake & Columbia River Branch, Pacific Railroad Com- pany. The office of territorial controller was created; the laws relating to the common schools and the prison commissioner were amended; the tax on Chinese miners was increased to $5.00 per month; and a number of franchises were granted. This Legislature also passed a bill authorizing the funding of the territorial indebtedness at 12 per cent per annum, and several acts defining county boundaries.
A short time before the Legislature was convened, Secretary Gilson re- ceived from the United States Treasury Department $25,000 to defray the ex- penses of the approaching session. Upon the receipt of this money, he engaged passage upon the stage for Walla Walla, agreeing to pay his fare when he returned to Boise City. Where he went from Walla Walla is a mystery, but the $25,000 evidently went along with him, and as he never returned to Boise his stage fare remains unpaid to this day. Congress ultimately made another appropriation to pay the expenses of the legislative session.
In those days the office of governor carried with it the control of Indian affairs within the territory. The Third Legislature adjourned sine die on Jan- uary 12, 1866, and soon afterward Governor Lyon was charged with miisappro- priation of certain funds appropriated by Congress for the benefit of the Nez Perce tribe. The matter was made the subject of an official investigation by the Government. Governor Lyon left Idaho under a cloud and his death oc- curred while the investigation was pending.
Vol. 1-11
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CHAPTER XI TERRITORIAL HISTORY (CONTINUED)
BALLARD'S ADMINISTRATION-FOURTH LEGISLATURE-GENERAL CONDITIONS IN 1867-ELECTION OF 1868-FIFTH LEGISLATURE-PRESIDENT GRANT'S TROUBLES -ELECTION OF 1870-GRANT TRIES AGAIN-BENNETT'S ADMINISTRATION- ELECTION OF 1872-HON. JOHN HAILEY-SEVENTH LEGISLATURE-ELECTION OF 1874-EIGHTH LEGISLATURE-BRAYMAN'S ADMINISTRATION-HON. GEO. AINSLIE-NINTH LEGISLATURE-INDIAN WARS-TENTH LEGISLATURE-NEIL'S ADMINISTRATION-ELEVENTH AND TWELFTH LEGISLATURES-GOVERNOR WIL- LIAM M. BUNN-THIRTEENTH LEGISLATURE-THE TEST OATH LAW AND THE MORMON QUESTION - STEVENSON'S ADMINISTRATION - FOURTEENTH LEGIS- LATURE - SHOUP'S ADMINISTRATION - FIFTEENTH LEGISLATURE - READY FOR STATEHOOD.
It should be always borne in mind in considering the matter of territorial officers that the governor, secretary and judges of the courts were appointed by the President of the United States. After Secretary Gilson absconded with the funds entrusted to him late in 1865, the office of secretary of the territory remained vacant until July 26, 1866, at which time President Andrew Johnson appointed S. R. Howlett to fill the vacancy. In the meantime, Governor Lyon had departed from the territory and on April 10, 1866, a few weeks after, Dr. David W. Ballard was appointed as his successor.
BALLARD'S ADMINISTRATION
David W. Ballard, the third governor of Idaho Territory, was a native of Indiana, where he grew to manhood and received a liberal education. He studied medicine, was admitted as a practitioner and began the practice of his profession in that state. He removed in 1852 to Oregon and soon after was elected to the Legislature of that state from Lynn County. At the time of his appointment to the position of governor of Idaho he was living in Yamhill County. He has been described as "A gentleman of mild manner and fearless in the discharge of his public duties." Other statements, however, in regard to Governor Ballard, made by citizens resident in Idaho at the time he administered its affairs as chief executive, are not as flattering as the one quoted. Whatever his ability to properly discharge the duties of his office may have been, there
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was one marked difference between him and most of the governors of Idaho appointed during its existence as a territory, as he actually remained in Idaho during his entire term of office. His course as chief executive was very unpop- ular among many, especially his political opponents, and he succeeded in arousing the ire of the democrats to a remarkable degree. E. D. Holbrook, then delegate in Congress, was especially bitter in his opposition to some of the policies advo- cated by the governor, and in the summer of 1867 President Johnson, at the request of Delegate Holbrook, suspended Ballard and appointed Isaac L. Gibbs as his successor. Before Gibbs' commission was made out, the President recon- sidered his action and Governor Ballard was restored to office. Soon after President Grant was inaugurated, on March 4, 1869, a number of the citizens of Idaho petitioned him to reappoint Governor Ballard, but by the time the petition reached Washington the President had appointed another man and Governor Ballard returned to Oregon.
FOURTH LEGISLATURE
The fourth Territorial Legislature met at Boise on December 3, 1866, and remained in session until January 11, 1867. George Ainslie, of Boise County, was chosen to preside over the council, and A. W. Flournoy, of Ada County, was elected speaker of the house. As soon as the two branches of the Legis- lature were organized they met in joint session to hear Governor Ballard's mes- sage, from which the following extracts are quoted:
"For the first two years after the settlement of our territory Idaho was looked upon as a theatre for speculation, and as a place for temporary residence, where, by enduring the necessary toil and privations, rapid fortunes might be acquired. The territory was first peopled by those whose object was the acquire- ment of a speedy fortune and this being done, to return either to the Pacific or Atlantic states; but this feeling is rapidly subsiding and the abundant success attending both mining and agricultural pursuits during the past year is fast removing the prejudices that have formerly existed against Idaho as being a desirable location for permanent residence.
"The output of gold and silver from our mines has been greater the past year than for any previous year. All of the quartz ledges that have been opened up and worked have yielded well. Agricultural pursuits, for the first two years almost totally neglected, have been prosecuted during the past year with the most gratifying results. Many hundred acres in the Boise and other valleys have been brought under cultivation, and it is cheering to learn that the yield per acre of both cereals and vegetables will compare favorably with the yield of any other locality on the Pacific coast.
"With regard to legislation to be done at the present session, I have but very few recommendations to make. Indeed, it seems to me that no great amount of legislation is at present required. It is thought that familiarity with the existing statutes is of greater consequence to the people than increased legislation. While it is important that needed changes in the laws should from time to time be made and necessary new ones enacted, it is equally important that the statutes should remain free from complications by amendment, at least long enough for the people to become familiar with them and their practical workings.
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