History of Washington, Idaho, and Montana : 1845-1889, Part 10

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Frances Fuller, 1826-1902
Publication date: 1890
Publisher: San Francisco : History Co.
Number of Pages: 880


USA > Idaho > History of Washington, Idaho, and Montana : 1845-1889 > Part 10
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 10
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 10


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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2 Wallace was born in Miami county, Ohio, July 17, 1811, whence he re- moved when a child to Indiana, and in 1839 to Iowa, where he served in both branches of the legislature. He was appointed receiver of public moneys at Fairfield, Iowa, holding the office until Pierce's administration, when he re- moved to Washington, in 1833. His subsequent career will be given here- after. His death occurred Feb. 8, 1879. Olympia Standard, Feb. 15, 1879; New Tacoma Herald, Feb 14, 1879.


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ORGANIZATION OF GOVERNMENT.


mons, who, notwithstanding his popularity as a man and a democrat, received only eighteen votes.3 Wal- lace received 500, and Lancaster 690. Democracy was strong on the north side of the Columbia, as it was on the south, but it had not yet assumed the same dictatorial tone,4 and Lancaster, who had affiliated with the whigs in 1851 in Oregon, was a thorough enough democrat in 1853.5 He had a talent for hu- morous story-telling, which in debate often goes as far as argument or forensic eloquence before a promiscu- ous assemblage. The unsuccessful candidates were John M. Hayden, surgeon at Fort Steilacoom, F. A.


8 Simmons' influence naturally declined when he was put in comparison and competition with men of different degrees of education, and he felt the embarrassment and humiliation of it keenly. To it he aseribed the loss of his property, which occurred later. Although a man of large frame and good constitution, he died at the age of 53 years, Nov. 15, 1867. He was buried with imposing ceremonies by the masonic order, of which he was a member, having subscribed liberally toward the erection of a masonic hall at Olympia in 1854. Olympia Standard, Nov. 23, 1867.


4 Joseph Cushman was appointed by a democratic legislature first probate judge of Thurston co. He was born at Middlebury, Mass., March 13, 1807, and was a lineal descendant of Robert Cushman of the Mayflower company, had a good home education and a Boston business training, hence was a val- uable man in any community, besides being an orator of ability, and ready writer. He went to South America in 1849, and after a brief stay in Valpa- raiso, came to California, and engaged in jobbing goods on the Sacramento River. Making the acquaintance of Samuel Merritt, owner of the brig G. W. Kendall, he took charge of Merritt's business, established in Olympia in 1852, Merritt running a line of vessels, and having a trading-house at that place. In 1857 Cushman was admitted to practice as an attorney, and suc- cessfully defended Luther M. Collins, who was charged with murder in con- nection with the execution of an Indian outlaw. In 1855 he was nominated by the free-soil party for delegate to congress, but was beaten by J. P. An- derson, democrat. In the Indian war he enlisted as a private in Eaton's company of rangers, and was one of the party besieged on Lemmon's land in the Puyallup Valley, remaining in the service until the close of the war. He was president of the first board of trustees for Olympia in 1869. In 1861 he was appointed by President Lincoln receiver of public moneys in connection with the land-office, which appointment he held until 1870. His name is in- corporated with the history of the capital of Washington particularly, and with the country in general. He died Feb. 29, 1872. Olympia Echo, March 7, 1872; Olympia Standard, March 2, 1872.


5 P. W. Crawford relates how by a little sharp practice he procured the nomination in convention of his friend Lancaster, who lived on or near the Columbia, against the candidates of the Sound district, by dividing the votes against him, and as they failed, gathering them in solid for the remaining candidate. Narr., MS., 267.


6 Hayden was strongly supported by Pierce co., having resided at the fort ever since its establishunent, practising his profession also outside the military reservation. Being recalled to the east in 1854, companies A and C, 4th in- fantry, presented him a flattering farewell address, published in Olympia Pioneer and Dem., Jan. 21, 1854.


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THE LEGISLATURE.


Chenoweth, Judge Strong, Gilmore Hays,7 and W. H. Wallace.


In the legislature, which organized by choosing G. N. McConaha 8 president of the council, and F. A. Chenoweth speaker of the lower house, there was a democratic majority of one in the council 9 and six in


" Gilmore Hays was a native of Ky, but resided in Mo., where he was dis- trict judge, when the gold discovery drew him to Cal. Returning to Mo., he led a train of immigrants to Oregon in 1852, and in 1853 settled on Des Chutes River near the head of Budd Inlet. The year 1852 was the time of the cholera on the plains, and Hays lost his wife and two children, who were buried near Salmon Falls of Snake River, together with the wife of B. F. Yantis. There remained to him three sons, James H., Charles, and Robert, and one daughter, who married J. G. Parker, all of whom reside in Olympia. In the same company were John P. and Isaac Hays, his brothers, N. Ostran- der, Hilary Butler, James Scott, and their families, Thomas Prather, George Fry, and others. When the Indian war threatened, he was first to volunteer, his was the first company raised, and throughout he was of much service to the territory. After the termination of the war, he returned to Mo., but in 1863 removed to Idaho, and was useful to the supt of Ind. affairs for Washing- ton in arranging treaties with the natives. Failing health caused him to return to Puget Sound, where he died October 10, 1880. Olympia Transcript, Oct. 30, 1880; Olympia Standard, Oct. 29, 1880; Olympia Courier, Oct. 29, 1880.


6 McConaha was drowned, in company with P. B. Barstow, in the Sound, on the 23d of May, 1854. His widow, Ursula, had a series of other losses and misfortunes. An 8-year old daughter was burned to death in March 1858, a son was killed by a vicious horse, and another son terribly maimed by an accident. In August 1859 she married L. V. Wyckoff of Seattle.


" The first legislative assembly was composed of nine councilmen, as follows: Clarke connty, Daniel F. Bradford and William H. Tappan; Island and Jeffer- son, William T. Sayward; Lewis and Pacific, Seth Catlin and Heury Miles; Pierce and King, Lafayette V. Balch and G. N. McConaha; Thurston, D. R. Bigelow and B. F. Yantis. H. M. Frost of Pierce was elected chief clerk, and U. E. Hicks of Thurston assistant clerk. Hicks was county clerk of Thurston. He figured a good deal in politics, served in the Indian war of 1855-6, and afterward edited one or more newspapers. He emigrated to Washington from Mo. in 1850, with his young wife, who died Nov. 16, 1853, aged 21 years. He married, Jan. 21, 1855, India Ann Hartsock. Frost served but a part of the term, and resigned, when Elwood Evans was elected and served from March 8th to May Ist. J. L. Mitchell of Lewis was elected sergeant-at-arms, and W. G. Osborn of Thurston door-keeper. The council being divided into three classes by lot. D. R. Bigelow, Seth Catlin, and W. H. Tappan drew the three-years term; B. F. Yantis, Henry Miles, and G. N. McConaha, the two-years term; W. T. Sayward, D. F. Bradford, and L. Balch, the one-year term. The house of representatives consisted of seventeen members, one from Island county, S. D. Howe (whig); five from Clarke, J. D. Biles, F. A. Chenoweth, A. J. Bolan, Henry R. Crosbie, and A. Lee Lewis (whig); one from Lewis, H. D. Huntington (whig)-John R. Jackson and F. A. Clarke received the same number of votes, and the second member from Lewis was not elected; one from Jefferson, D. F. Brownfield; one from King, A. A. Denny (whig); three from Pierce, L. F. Thompson, John M. Chapman, and H. C. Moseley; four from Thurston, Leonard D. Durgin, David Shelton, Ira Ward (whig), and C. H. Hale (whig); one from Pacific, Jehu Scudder, who died before the legislature convened. Scudder was one of the first settlers in Pacific county, and was much regretted. A singular fatality attended the


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ORGANIZATION OF GOVERNMENT.


the house of representatives; but there was no undue exhibition of partisan zeal, nor any occasion for it, the assembly being impressed with the importance of the public duties which had been assigned to them. The organization being completed on the 28th, Gov- ernor Stevens was invited to communicate to the legislature a message, in which he made certain state- ments which will not be out of place here as an introduction to his administration and the history of the territory.


After a just encomium upon the country and its natural advantages for commerce, he reminded them that as the Indian title to lands had not been extin- guished, nor a law passed for its extinguishment, titles could not be secured under the land law of congress, and the public surveys were languidly con- ducted. He spoke of the importance of a road to Walla Walla, another to the Columbia, and one along the eastern shore of the Sound to Bellingham Bay, and advised them to memorialize congress on the urgent necessity for these roads, to prevent suffering and loss to the immigrations. He counselled them to ask for a surveyor-general of the territory, and that liberal appropriations might be made for the surveyors, that they might keep in advance of the settlements. He proposed to request an amendment to the land law making it possible to acquire title by the payment of the minimum valuation, by a resi- dence of one year, or by improvements equal to the minimum valuation, and that single women should be placed on the same footing with married women. He recommended the early settlement of the boundary


representatives from Pacific. In the first instance, J. L. Brown was nom- inated, and died before the election. His successor, Scudder, who was nom- inated after his death and elected, did not live to take his seat. Henry Feister was then chosen to fill the vacancy, but died of apoplexy on the evening of the day on which he was sworn in. Feister also left a family. Another election being ordered, James C. Strong was chosen, and took his seat April 14, 1854. Olympia Pioneer and Dem., April 15, 1854. B. F. Kendall was elected chief clerk, and J. Phillips assistant clerk, of the lower house; Jacob Sinith of Whidbey Island sergeant-at-arms; and J. H. Roundtree door-keeper. Olympia Pioneer and Dem., March 4, 1854.


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MESSAGE OF GOVERNOR STEVENS.


line between Washington and the British territory on the north, and that congress should be memorial- ized on this subject, and on the importance of contin- uing the geographical and geological surveys already commenced. He made the usual prophetic remarks on the Pacific railroads,10 referred to the inefficient mail service, of which I have spoken at length in the history of Oregon, gave same advice concerning the preparation of a code of laws, and adverted to the im- portance of organizing new counties east of the Cas- cade Range, and readjusting the boundaries of some of the older ones.


In referring to the position occupied by the Hud- son's Bay and Puget Sound Agricultural companies, the governor declared them to have certain rights granted to them, and lands confirmed to them, but that the vague nature of their limits must lead to disputes concerning their possessions, and recom- mended that congress should be memorialized to extinguish their title. As to the right of the Hudson's Bay Company to trade with the Indians, that he said was no longer allowed, and under instruc- tions from the secretary of state he had already informed the company that they would be given until July to wind up their affairs, after which time the laws regulating intercourse with the Indians would be rigidly enforced.


He recommended a special commission to report on a school system, and that congress should be asked to appropriate land for a university; also that some mili- tary training should be included in the curriculum of the higher schools. An efficient militia system was declared to be necessary in a distant territory, which


10 ' In my judgment, with such aid as the government can rightfully furnish as a proprietor in making surveys and granting lands, the energies of our people are adequate to building not simply one, but three or four roads. Our commerce doubles in 7 years, our railroads in 4 or 5 years, and we have reason to believe that for some years to come this rate of increase will be accelerated. ... I am firmly of opinion, however, that these great undertakings should be controlled and consummated by the people themselves, and that every project of a government road should be discountenanced.' Wash. Jour. Council, 1854, 14.


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ORGANIZATION OF GOVERNMENT.


must in case of war be compelled for a time to rely upon itself; and this he thought, with the arms and ammunition to which the territory would be entitled under the laws of congress, would enable it to protect itself from any foreign invader.11 Such is a brief abstract of the first message of the first governor of Washington, which is an epitome also of the condition, needs, and prospects of the new commonwealth. Most of the suggestions made by the governor were carried out in some form.


Immediately after organization, the house adopted for the territorial seal a device furnished by Lieutenant J. K. Duncan of Stevens' surveying expedition.12


OF


W


ORY


ALKI


00


TON


1853.


SEALĀ®


The first bill passed was on the 1st of March, an act providing for a board of commissioners to prepare a code of laws for the territory; the board appointed consisting of judges Edward Lander, Victor Monroe, and William Strong, who adopted as many of the


11 Wash. Jour. Council, 1854, 10-18.


12 On one side, a log cabin and an immigrant wagon, with a fir forest in the background; on the other, a sheet of water being traversed by a steamer and sailing-vessels; a city in perspective; the goddess of hope and an anchor in the centre, the figure pointing above to the significant Indian word 'Alki'-by and by. Olympia Pioneer and Dem., Feb. 25, 1854; Wash. Jour. House, 1854, 14.


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COUNTIES.


laws of Oregon as they found practicable, and other suitable ones from other codes,13 the laws originated by the legislature being chiefly local.


The counties of Sawamish,14 Whatcom,15 Clallam, Chehalis, Cowlitz, Wahkiakum, Skamania, and Walla Walla16 were created, the latter with the county seat "on the land claim of Lloyd Brooks," now the site of the city of Walla Walla. The county seat of Clarke county was fixed at Vancouver,17 "on the east side


13 Strong's Hist. Or., MS., 62. J. W. Wiley of the Pioneer and Democrat, a new name for the Columbian, was elected territorial printer by the legisla- ture, but A. M. Berry, Wiley's partner, was appointed to superintend the print- ing of the laws in the east. He died of malignant small-pox soon after reach- ing his home in Greenland, N. H., at the age of 29 years, and the laws were not in readiness for the next legislature. Alfred Metcalf Berry came to the Pacific coast in 1849, and to Or. in 1850 for his health. In Dec. 1853 he formed a partnership with Wiley, and the name of Columbian being no longer signifi- cant, the publishers changed it to Washington Pioneer. In Jan. 1854 R. L. Doyle brought a press and material to Olympia, with the intention of starting a new paper to be called the Northwest Democrat, but finally consolidated with the Pioneer, which then became the Pioneer and Democrat. See Wash. Pioneer, Jan. 28, 1854. Soon after the death of Berry, George B. Goudy, another young man, became associated with Wiley as publisher, the firm be- ing Wiley, Goudy, & Doyle, but Doyle retired before the end of the year (1855), and only Wiley and Goudy remained, Wiley being editor. Goudy was elected territorial printer Jan. 27 1855, the Pioneer and Democrat remaining the official paper of the territory until a republican administration in 1861. He was a native of Indianapolis, Ind., and born in 1828. He came to Or. in 1849, and for a year had charge of the publication of the Spectator. He married Eliz- abeth Morgan of Lafayette, Or., in Sept. 1854, and removed to Olympia early in 1855. His connection with the Pioneer and Democrat ceased in Aug. 1856. He died Sept. 19, 1857, leaving a wife and child. E. Furste succeeded Goudy as publisher of the Pioneer and Democrat. In May 1858 Wiley retired, leav- ing Furste publisher and editor. Wiley died March 30, 1860, at the age of 40, the victim of intemperate drinking. He was born in Ohio, was possessed of brilliant talents, and impressed his mind and energy upon the history of his adopted country, but fell by a power mightier than himself. Pioneer and Dem., March 30, 1860. In November 1860 Furste sold the paper to James Lodge, who found the change in public sentiment against the democratic antecedents of this journal, which lost precedence, and was discontinued not long after. Historically, the Pioneer and Democrat is of more importance than any other journal or journals.


14 Sawamish county, first organized March 13, 1854, had its name changed to Mason Jan. 3, 1864, in honor of Charles H. Mason, first secretary of the territory. The county officers appointed on its organization were: commis- sioners, Wesley Gosnell, Charles Graham, Lee Hancock; sheriff, Finis K. Simmons; judge of probate, Alfred Hall; auditor, V. P. Morrow; treasurer, Orrington Cushman; justice of the peace, Aaron M. Collins. Olympia Pioneer and Dem., May 27, 1854.


15 Commissioners appointed for Whatcom county were William Cullen, H. C. Page, R. V. Peabody; sheriff, Ellis Barnes; auditor, A. M. Poe.


16 Commissioners appointed for Walla Walla were George C. Bamford, John Owen, Dominique Pambrun; sheriff, Narcisse Raymond; judge of pro- bate and justice of the peace, Lloyd Brooke.


17 Vancouver is called Columbia City in the act. This patriotic change of


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ORGANIZATION OF GOVERNMENT.


of Mrs Esther Short's land claim," and by the same act Mrs Short's dwelling was made the legal place of holding courts until suitable buildings should be erected by the county.18 The county seat of Che-


name occurred about 1851 or 1852, but I fail to find any mention of it. I think it was done on the motion of the first postmaster at that place, R. H. Lansdale, who had the post-office called Columbia City. The name, how- ever, would not pass in the face of long usage, and the Washington legisla- ture at its second session changed it to Vancouver. The commissioners appointed for Clarke county by the first territorial legislature were William Dillon, C. C. Stiles, and Mr Fairchilds; sheriff, George W. Hart; judge of probate, Henry Gullifer; anditor, William Ryan; treasurer, Henry Burlin- game; justices of the peace, Solomon Strong, Michael Tubbs; coroner, William M. Simmons; assessor, Henry C. Morse; constable for Vancouver precinct, Moses Kirkham, for Cathlapootle precinct, C. C. Bogarth, for Washougal precinct, Berry Paten.


18 Officers were appointed for all the counties already in existence, as well as the new ones, and as the list furnishes a guide to the distribution of the pop- ulation, they are here given. Skamania county commissioners, S. M. Hamil- ton, Joseph Robbins, Jacob W. Scroder; sheriff, E. F. MeNoll; judge of probate, Cornelius Salmer; treasurer, J. H. Bush; auditor, George W. Johnson; justices of the peace, N. H. Gales, B. B. Bishop, aud Lloyd Brooke.


Cowlitz county commissioners, Thomas Lowe, A. A. Abernethy, Seylor Rue; justice of the peace for Monticello precinct, Nathaniel Stone; constable, R. C. Smith; judge of probate, Nathaniel Ostrander; auditor, Charles Hol- man; treasurer, Alexander Crawford; sheriff, James Huntington; assessor, Benjamin Huntington; justice of the peace for Oak Point precinct, W. H. Harris; constable, F. A. Smith.


Wahkiakum county commissioners, James Birnie, Thompson Dray, Aus- tin Nye; auditor, Newell Bearfs; treasurer, James Birnie, Jr; sheriff, Wil- liam Stilwell; judge of probate and justice of the peace, Solomon Stilwell.


Pacific county commissioners, George T. Eastabrook, P. J. McEwen, Danicl Wilson; judge of probate, George P. Newell; justice of the peace, Ezra Wes- ton; constable, William Edwards.


Lewis county commissioners, Henry R. Stillman, Thomas Metcalf, J. C. Davis; judge of probate, James Gardiner; auditor, Horace H. Pints; jus- tices of the peace, Charles F. White, O. Small, N. Stearns, F. Delin; con- stables, Baptiste Bone, William C. Many; sheriff, J. L. Mitchell; auditor, Martin Budson; treasurer, C. C. Pagett; coroner, George B. Roberts; super- intendent of common schools, A. B. Dillenbangh.


Thurston county commissioners, Sidney S. Ford, Sen., David J. Chambers, James McAllister; auditor, Urban E. Hicks; sheriff, Franklin Kennedy; assessor, Whitfield Kirtley; judge of probate, Stephen D. Ruddell; treasurer, Daniel R. Bigelow; justices of the peace, Nathan Eaton, Joseph Broshears, W. Plumb; superintendent of schools, Elwood Evans; constable for Olym- pia precinct, Franklin Kennedy.


Chehalis county commissioners, George Watkins, John Vail, John Brady; auditor, A. O. Houston; treasurer, D. K. Weldon; judge of probate, James H. Roundtree; sheriff, M. A. Fairfield; justices of the peace, William M. Bullard, C. L. Russell, I. L. Scammon.


Pierce county commissioners, William P. Dougherty, L. A. Smith, William N. Savage; treasurer, H. C. Perkins; sheriff, C. Dunham; assessor, Hugh Patterson; coroner, Anthony Laughlin; justices of the peace, H. M. Frost, George Brown, Samuel McCaw; auditor, G. Bowlin; judge of probate, II. C. Moseley; constables, William McLucas, William Sherwood.


King county commissioners, Thomas Mercer, G. W. W. Loomis, L. M. Collins; judge of prohate, William A. Strickler; sheriff, C. D. Boren; auditor,


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CAPITAL AND COURTS.


halis county was fixed temporarily "at the house of D. K. Weldon;" of Cowlitz, at Monticello; and of Skamania, at the "south-east corner of the land claim of F. A. Chenoweth."


Olympia was fixed upon as the temporary seat of government, the judicial districts were defined, and the judges assigned to them as follows: the first dis- trict comprised Walla Walla, Skamania, Clarke, Cow- litz, Wahkiakum, and Pacific counties, Judge McFad- den; second district, Lewis, Chehalis, Thurston, and Sawamish counties, Judge Monroe; third district, Pierce, King, Island, Clallam, Jefferson, and What- com, Judge Lander. At the second session of the legislature Lander was assigned to the second district, and the judge of that district to the third, which brought the chief justice to the more central portion of the territory. In their districts the judges were required to reside, and to hold two terms of the dis- trict court annually in each county, except in those which were attached to some other for judicial pur- poses, like Walla Walla, which was attached to Skamania, and Chehalis to Thurston.


The first federal court held in Washington after the organization of the territory was by the proclama- tion of the governor on the 2d day of January, 1854, at Cowlitz landing, by Judge Monroe, who in May held regular terms in all the counties of his district according to the act of the legislature, and to the


H. L. Yesler; treasurer, William P. Smith; superintendent of schools, Henry A. Smith; assessor, John C. Holgate; justices of the peace, John A. Chase, S. L. Grow, S. W. Russell; constables, B. L. Johns, S. B. Simmons, James N. Roberts.


Jefferson county commissioners, J. P. Keller, William Dunn, F. W. Pet- tygrove; treasurer, J. K. Thorndyke; sheriff, W. T. Sayward; judge of pro- bate, L. B. Hastings; auditor, A. A. Plummer; justices of the peace, J. P. Kel- ler, William Webster, F. W. Pettygrove, J. K. Thorndyke; assessor, J. Clinger.


Clallam county commissioners, E. H. McAlmond, E. Price, Daniel F. Brownfield; sheriff, Charles Bradshaw; justice of the peace, G. H. Gerrish; assessor, J. C. Brown; treasurer, Mr Fitzgerald; judge of probate, John Margrave; auditor, G. B. Moore.


Island county commissioners, John Alexander, John Crockett, Ira B. Powers; sheriff, Hugh Crockett; auditor, R. H. Lansdale; assessor, Hum- phry Hill.


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ORGANIZATION OF GOVERNMENT.


satisfaction of the people. Yet in October he was removed, upon the false representation of some per- sons unknown that he had absented himself from the territory.19 F. A. Chenoweth was appointed in his place, and was present as the judge of the 2d judicial district at the meeting of the supreme court in Olym- pia in December,20 the bench now containing but one of the original appointees for Washington, Lander, the chief justice.21


There was none of that romantic attempt at creating something out of nothing in the first acts of the Wash- ington legislature which invested with so much inter- est the beginnings of government in Oregon, for the legislators had at the outset the aid of United States judges and men familiar with law, besides having the government at their back to defray all necessary ex- penses. There is therefore nothing to relate concern- ing their acts, except in instances already pointed out in the message of Governor Stevens, where certain local interests demanded peculiar measures or called for the aid of congress.




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