History of Washington, Idaho, and Montana : 1845-1889, Part 53

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 53
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 53
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 53

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).

A quarrel was also sought with the secretary, who was treated with scorn, as successor to the scandals of his office. With a virtuous air, the legislature de- manded information concerning the amount of federal appropriations, the money received, and the corre- spondence with the treasury department. Howlett replied that the statement given in the governor's annual message was correct; that he found Secretary Smith to have expended $9,938 for the territory, but that he had no knowledge of any other money having been received by previous secretaries, nor had he re- ceived any, although he had applied for $27,000 on the approval of his bond for $50,000.45

The legislature chose to ignore Howlett's answer, and telegraphed to McCulloch, secretary of the United States treasury, alleging that Howlett had refused to give the information sought. This brought the statement from the department that $53,000 had been placed at the disposal of former secretaries, and

" Said S. P. Scaniker : 'Does he suppose we shall consent to it? By the eternal God, I will never consent to it, and I do not believe the house will submit to it, for the governor to say we shall act thus and so. When we want any recommendations of that sort we will let him know. We didn't appoint him governor. We didn't eleet him governor. He is no part or parcel with us.' This language was tame in comparison with some of the blasphemous abuse heaped upon the 'imported governor from Yamhill county, Oregon.' Idaho Scraps, 193.

is Idaho Jour. Council, 1866-7, 62; Idaho Scraps, 193.

469

A LAWLESS LEGISLATURE.

that $20,000 had that day been placed to Howlett's credit. This was the knowledge that they had been thirsting for, as it was a promise of the speedy pay- ment of their per diem.

Meantime the governor was resolutely vetoing such bills as conflicted with the organic act, and other congressional acts or established and beneficent laws of the territory. Few of the members had taken the prescribed oath of office, but had devised an oath which evaded the main point in all official oaths, allegiance to the government, which was passed over the governor's veto. In this manner was passed the act abolishing the extra pay of the governor and secretary; an act taking from the executive the appoint- ing power, regardless of the organic act, and lodging it with themselves, or the county commissioners; and a bill appropriating $30,000 for sectarian schools. This bill, a substitute for an act passed at the previous session to establish a common-school system, provided for the issue of territorial bonds to the amount of $30,000, drawn in favor of F. N. Blanchet, archbishop of Oregon, bearing interest at the rate of ten per cent per annum, and redeemable by funds arising from the sale of the 36th section of school lands.46 And so with every bill vetoed by the gov- ernor, they passed it over his head by acclamation. With the exception of a few harmless acts, all were made with a motive to defy the administration, and grasp the money and the power derived from it and from the territorial officers. Howlett, during these proceedings, had been in correspondence with the treasury department, and had given information con- cerning the refusal of the majority of the members to take the oath of office, on which instructions had been issued to him to withhold their pay. This order raised a tempest. Resolutions were passed charging the secretary with everything vile, and demanding

46 Idaho Times, in Owyhee Avalanche, Jan. 19, 1867. Congress had the power to disapprove, and did disapprove, of these laws.

470

POLITICAL AFFAIRS.

his removal from office. This was followed by threats of personal violence. The secretary then called on the United States marshal for protection, who in turn called upon the military at Fort Boisé, and a squad of infantry was stationed in front of the legislative hall, which only increased the violence of the disloyal members. To avert a collision, judges McBride and Cummings recommended Howlett to pay all such as would then take the oath of allegiance, which, on the following day, the majority consented to do, and the threatened émeute was prevented.47 This law-making body, elected by rebellion sympathizers, has been styled the 'guerrilla legislature.' "The third session," writes one, "was by all good men, irrespective of party, pronounced infamous, but this one is Satanic." 48

Ballard's policy as governor was such that his polit- ical opponents very much desired to get him out of office.49 Holbrook had been reelected50 delegate in 1866, and was in Washington for the furtherance of any schemes concocted by his constituents, the prin- cipal one being a plan by which Ballard could be un- seated and a man put in his place who could be used

47 Idaho Jour. House, 1866-7, 412; Owyhee Avalanche, Jan. 19, 1867; Boisé Statesman, Jan. 15, 1867.

48 Sac. Union, Jan. 25, 1867. The members of the council in 1866-7 were S. P. Scaniker, H. C. Street, George Ainslie, E. A. Stevenson, of Boisé eounty; H. C. Riggs of Ada; A. M. Quivey of Alturas; L. P. Brown of Nez Perce; S. S. Fenn of Idaho; M. A. Carter of Oncida; R. T. Miller of Owyhee; W. H. Hudson of Shoshone. Ainslie, president. Members of the house: F. W. Bell, George Stafford, W. L. Law, W. H. Parkinson, of Boisé county; G. W. Paul, John Cozad, A. W. Flournoy, Ada; B. J. Nordyke, Nelson Davis, Alturas; D. G. Monroe, A. Englis, Owyhee; A. MeDonald, J. C. Harris, Idaho; W. F. McMillen, Shoshone; Henry Ohle, Oneida; J. S. Taylor, Nez Perce. Flournoy speaker. Idaho Jour. Legisl. Assembly, 1-7, 221-3.

19 David W. Ballard was a native of Indiana, and an immigrant to Oregon in 1852. He was a physician by profession, but had served in the Oregon legislature from Linn county. A mild-maunered man, but fearless. Boise Statesman, April 4, 1868; Idaho Scraps, 194.

50 Holbrook is said to have studied at Oberlin college, Ohio. IIe came to the Pacific coast in 1859, and practised law for a short time at Weaverville, Cal. He followed the rush to the Nez Perce mines, and thence to Boise. He drank whiskey freely, and had pluck and assurance, although liis attainments were mediocre. His age, when elected in 1864, was under 30 years. His services to the territory were the securing of the penitentiary ap- propriation and U. S. assay office. IIe was shot and killed by Charles Doug- lass while sitting in front of his law office in June 1870. Boisé Statesman, June 25, 1870.

471

GOVERNOR BALLARD.

for gain; and in this they were so nearly successful that in the summer of 1867 President Johnson was induced to suspend Governor Ballard and nominate Isaac L. Gibbs. But before the commission was made out Johnson had changed his mind. A letter con- taining a notice of suspension had, however, been sent to Ballard, which, being forgotten, was not revoked until November, when he was restored to office.51

Idaho continued to be democratic, but gradually the more objectionable representatives of the party were discountenanced and dropped out of sight. In 1868 J. K. Shafer52 was elected delegate over T. J. Butler, founder of the Boisé News, the pioneer news- paper of southern Idaho.53 The last two years of

61 John M. Murphy of Idaho was first nominated. The trickery by which the suspension of Ballard was effected has been explained thus: In March 1867 congress appropriated several hundred thousand dollars to be expended by the Indian department in Idaho, and this money it was desirable to have disbursed by democratic officers. To this end the department was brought to declare that it did not recognize Ballard as superintendent, although by the organic law of the territory that was his office. Frandulent charges and false certificates were used, and iufluences brought to bear amounting to the repudiation of Ballard as governor by the territory; consequently the money, which must be disbursed to put an end to Indian wars, could not be paid out until another appointment was made. Gibbs' name being sent in, and the senate about to adjourn, the nomination was confirmed. But some facts coming to light, the senate withdrew its confirmation by reconsidering the matter, and finally laying it on the table ten minutes before adjournment. Boisé Statesman, Sept. 14, 1867. President Johnson then reappointed, under the provisions of the tenure-of-office law permitting him, during a recess of congress, to suspend on satisfactory evidence of crime, misconduct in office, or disability. Within 20 days after the reassembling of the senate the pro- test of the loyal people of Idaho was laid before it, and Ballard was reinstated, Attorney-general Stanberry holding that his removal during recess was not legal. Owyhee Avalanche, Sept. 21, 1867.

52 Shafer was a lawyer of ability; immigrated to Cal. in 1849; was a native of Lexington, Va, and graduate of the college at that place; 'was first dist atty of San Joaquin co., and for 10 years judge of the dist court of said county;' went to Idaho as a pioneer; possessed fine literary attainments and irre- proachable character. Died at Eureka, Nev., Nov. 22, 1876. Owyhee Ava- lanche, Dec. 2, 1876.

63 There were a few newspapers started for political effect about this time. The Times of Idaho City was independent. The Idaho Index, published at Silver City, Owyhee, by W. G. T'Vault, about June 1, 1866, was democratic. The Territorial Enterprise was started in 1866; the Salmon City Mining News in 1867 by Frank Kenyon, afterward removed to Montana; the Boise Demo- crat, first issued Nov. 29, 1867, at Boisé City, by Buchanan & Carleton, former proprietors of the Bulletin of Silver City; in Feb. 1868 the Democrat was sold to Bail & Carleton, and in June 1868 it was discoutinued. The Lewiston Journal was issued Jan. 17, 1867, by A. Leland & Son; a non-par-

472

POLITICAL AFFAIRS.

Ballard's administration was peaceful as it was wise and energetic. On the expiration of his term of office two thirds of the citizens of Idaho territory volun- tarily petitioned for his reappointment,54 but another appointment had been made,55 that of Gilman Marston of New Hampshire. Secretary Howlett was also dis- placed by the appointment of E. J. Curtis, who- Governor Marston not yet having arrived-delivered the annual message to the legislature of 1870, and remained acting governor 56 for a year and a half, during which time Marston resigned and Thomas A. Bowen was appointed governor,57 who also resigned, when Thomas W. Bennett 58 was appointed, and ac- cepted. Idaho did not appear to men at a distance to be much of a paradise, politically or otherwise. The republicans again put forward, in 1870, T. J. Butler as a candidate for the delegateship, but he was again defeated by the democratic candidate, S. A.

tisan journal. It suspended in Feb. 1872. The newspapers which succeeded the Journal at Lewiston were the Signal, begun immediately after the sus- pension of the Journal, which lived about two years, to be succeeded by the Northerner for two years more, and again by the Teller, A. Leland editor and proprietor, in 1876. The Idaho Herald was started at Boisé City in October 1871, surviving only until April 1872. The Boisé Republican, established at Boisé City March 1, 1879, was at that date the largest journal published in Idaho, and by its prosperity illustrated the change in political sentiment. Published by Daniel Bacon. The Yankee Fork Herald was established at Bonanza City July 24, 1879, by Mark W. Musgrove, who also started the Alturas Miner in 1880. See Shoup's Idaho Ter., MS., 9; Yankee Fork Her- ald, April 3, 1880; S. F. Alta, Oct. 6, 1867; U. S. 9th Census, Pop., 482-93. 5+ See farewell letter, in Boisé Statesman, July 23, 1870.

55 Samuel Bard was first appointed to succeed Ballard. He was from New York, but in 1866 was editing the Atlanta New Era, and declined. A. H. Conner was also spoken of as governor. He was of Indianapolis, Ind.

56 The Boisé Statesman of Feb. 5, 1870, says: 'He has brought order out of confusion in the books and papers of the office, and has labored hard and successfully at the formation of a working state library.' Curtis was a native of Massachusetts, and a lawyer. He came to Cal. in 1849; resided in Siski- you co., which twice elected him to the legislature; was judge of the court of sessions in Trinity co. for two years; came to Owyhee in 1865, and settled finally in Boisé City in the practice of the law. Owyhee Avalanche, Nov. 13, 1875.

67 Bowen was a southern republican; had been district judge of Arkansas.

58 Bennett was born in Ind. Fcb. 16, 183], graduated at Asbury university in 1854, and studied law. On the breaking-out of the civil war he enlisted as a private, but was chosen captain of a company in the 15th Indiana vols. He was commissioned major of the 36th Ind., and afterward col of the 67th; brevetted brig .- gen. March 5, 1865; visited Europe in 1867; was elected mayor of Richmond, Ind., in 1869. Richmond Herald, in Owyhee Avalanche, Dec. 9, 1871.

473

DISTRICT JUDGES.

Merritt. In 1872 the republican candidate, J. W. Huston, was overwhelmingly defeated by John Hailey, democrat. 69

The chief justiceship was left vacant by the resig- nation of McBride, until the appointment of David Noggle in 1869, a man whose brain was affected, and who allowed himself to be made the instrument by which thieving politicians carried their points.60 The associates of Noggle were William C. Whitson in the 1st and J. R. Lewis in the 3d districts.61 Lewis was an upright, able judge, and became immediately obnoxious to the dominant political ring, which, to get him out of office, resorted to the device of send- ing a forged resignation to Washington.62 Before the trick was discovered, M. E. Hollister63 had been ap- pointed in his place.64 Hollister succeeded Noggle as chief justice in 1875, and John Clark succeeded Hollister in the third district. Whitson died in De- cember 1875, when Henry E. Prickett was appointed judge of the first district,65 which position he held

59 Hailey was a business man, and employed a large number of persons, who worked for his election, while Huston's friends were not thoroughly or- ganized. Huston was a good public speaker, and had been district attorney. Boise Statesman, Nov. 16, 1872.

60 David Noggle was from Monroe, Wis., where he was a leading lawyer and campaign speaker. For 9 years he served as a circuit judge in that state. He held the office of chief justice of Idaho for 6 years. Soon after his re- moval his discase, softening of the brain, developed fully, and his errors in office were imputed to it. He died July 18, 1878, at his home in Wisconsin. M. Kelly, in Boisé Statesman, July 27, 1878.

61 Thomas J. Bowers of Cal. was appointed chief justice in the latter part of 1868, but did not serve. R. T. Miller was also appointed judge of the 3d district before Whitson, but did not accept. Idaho Laws, 1868-9, 149; Camp's Year-Book, 1869, 493.

64 Boise Statesman, April 15 and May 13, 1871; S. F. Chronicle, May 7, 1877. The same means was used to get rid of Lewis in Washington, by the whiskey-sellers of Seattle.

63 Hollister was from Ottawa, Ill., and a pioneer of that state. Boisé Statesman, May 13, 1871.

64 Whitson was from Oregon. He had been chosen county clerk of Polk when 21 years of age, and elected co. judge at 28 years. He was a man of liberal education, and a successful law practitioner.

65 Alanson Smith of Boisé City was the people's choice for judge-a choice expressed by petition; but trickery again prevailed, and Prickett was made associate justice. His antecedents were anything but creditable, as he had been confidential clerk to J. C. Geer, collector of internal revenue, who de- faulted to the amount of $21,000. He had been a member of the legislative council in 1874-5.

474

POLITICAL AFFAIRS.

down to 1884, from which it would appear that he administered the laws in a manner satisfactory to the majority in his district.

Governor Bennett was succeeded by D. P. Thomp- son of Oregon, a rising man in his state.66 Bennett, while still in office, ran on the republican ticket for delegate to congress, against S. S. Fenn, democrat. There were some irregularities in the election returns, and the election was contested. Coming before con- gress, Fenn was declared elected, and in 1877 was returned to the same office for another term.67 Thompson did not long retain the gubernatorial office, his private affairs requiring his presence in Oregon. He was succeeded in 1876 by M. Brayman, Curtis continuing in the secretary's office until 1878, when

66 Thompson was born in Harrison co., Ohio, in 1834, where he resided until he migrated to Oregon, overland, in 1853. The following spring he cn- gagcd in the public surveys under Surveyor-general Gardiner, and continued in the service until 1872. During this period he ran the base line of Oregon across the Cascade Mountains to the Blue Mountains, and the Columbia Guide Meridian north to the Big Bend of the Columbia, and south to Cali- fornia. He was state senator from 1868 to 1872, from Clackamas co. In 1872 he was appointed commissioner to allot lands to the Indians of Grand Rond Indian agency. He was one of the presidents and business manager of the Oregon City Woollen Mill, in which he was joint owner with Jacobs Bros and L. White & Bro. From 1872 to 1878 he was extensively interested in mail contracts, having at one time over a hundred contraets in the states and territorics. He was appointed by President Grant governor of Idaho in 1875, but resigned in 1876 for business reasons, returning to Oregon. In 1878 he was elected a representative from Multnomah co. to the lower house of the Or. legislature, and the year following was chosen mayor of Portland, re- signing iu 1882. The Portland Savings Bank, of which he was president, was organized by him in ISSO; and he was one of the organizers of the First National Banks of Walla Walla, of Baker City, of Union, and president of the Bank of McMinnville. He built and equipped the railroad around the Falls of the Willamette, between Oregon City and Canemah. It was a horse- railroad, cost $23,000, and in one year paid dividends amounting to $48,000. He was a member of the Willamette Falls and Lock Company, which con- structed a substantial canal, with locks about the falls. In 1880 he was one of the organizers of the Oregon Construction Company, which opened up a large portion of eastern Oregon and Washington hy means of railroads, building the Umatilla aud Baker City Railroad, Or., and the Columbia and Palouse Railroad, Wash. In 1882 the board of trade of Portland sent him as a special commissioner to Washington city to obtain from congress an ap- propriation for the improvement of the Columbia River bar, in which he met with his customary success. Enterprising, energetic, and far-seeing, he pre- sented a standing example of what these qualities may be made to achieve for society and one's self.

GT II. Misc. Doc., 82, 44th cong. Ist sess. Fenn was not the popular candidate of his party in 1874, but was taken as a compromise between En- sign and Foote. Helena Independent, Dec. 20, 1874.

475

CHANGES DESIRED.

R. A. Sidebotham was appointed. At the expiration of Brayman's term, J. B. Neil became governor, and Theodore F. Singiser secretary. In 1878 George Ainslie was elected to succeed Fenn as delegate to congress. At the expiration of his term he was again returned to this place.

A matter which greatly troubled the people of the Idaho panhandle was their isolation and want of a community of interest with the southern counties. On the removal of the capital in 1864-5, they desired the reannexation of this portion of the territory to Washington. For the purpose of advocating this measure, the Radiator newspaper was established at Lewiston, and the subject was not soon suffered to drop, either by the people of northern Idaho or by those of Washington, who, as I have before shown, were equally desirous of recovering this lost territory.

The Idaho legislature of 1865-6 passed a memorial to congress praying that the portion of the territory lying south of the Salmon River Mountains might dissolve connection with the panhandle, and receive instead as much of Utah as lay north of 41° 30'; while that portion of Montana lying west of the Rocky Mountains, the northern part of Idaho, and the eastern part of Washington, should constitute a separate commonwealth, to be called the territory of Columbia. The people of the Walla Walla Valley, being strongly in favor of a readjustment of boun- daries, aided the agitation, which in 1867 was at its height, meetings being held and memorials adopted in Lewiston and Walla Walla.68 But neither Montana nor southern Idaho, on reflection, would consent to the division. Montana wished to retain the Bitter Root Valley, and southern Idaho feared to have its burden of taxation increased by parting with any of its population, already diminishing with the exhaustion

68 Idaho Laws, 1865-6, 293; Lewiston Journal, Oct. 3, 1867; Walla Walla Statesman, Oct. 4 and Nov. 1, 1867.

476

POLITICAL AFFAIRS.

of its placer mines.69 Still another proposition was inade in 1869 by the legislature of Nevada, to re- adjust the boundary of Idaho, by annexing to that commonwealth the rich mineral territory lying south of Snake River between the eastern boundary of Oregon and the eastern limit of Nevada, or, in direct terms, the Owyhee country. This project was also strongly protested against by Idaho, and was rejected by congress.70

But much dissatisfaction still existed concerning the manner in which the extensive district lying between the Cascade and Rocky mountains had been partitioned off in the hurry of forming new territories. It had always been held by a considerable portion of the Oregon people that the natural boundary of their state on the east was the Cascade range; but if they were to retain the country east of the mountains, they desired to have the Snake River for their boundary on the north as well as the east, giving them the Walla Walla Valley. Washington, while less willing to part with its eastern division, was positive about never yielding the Walla Walla Valley to Oregon, and so the two communities could never agree to the same scheme of redivision. The Idaho legislature of 1870 again memorialized congress for a change, but none that would leave the territory less able to maintain the burden of government, interfere with the con- gressional ratio of representation, or decrease the pros- pect of arriving at the dignity of statehood. A plan was then discussed by journalists of making a state out of eastern Oregon, Washington, and Idaho.

About the same time the citizens of the town of Corrinne in Utah petitioned, but in vain, to have that portion of Utah north of the north line of Colorado annexed to Idaho, not being in sympathy with the government of the Mormon church. The boundary

69 Boisé Statesman, Sept. 21, 1867; II. Misc. Doc., 100, 39th cong. Ist sess. 10 Nev. Jour. Sen., 1869, 23; Id., 1871, 175; Misc. Doc., 32, 42d cong. Ist sess .; Cong. Globe, 1870-1, 966; Boisé Statesman, June 23, 1869; Id., Jan. 29, 1870.

477

TERRITORIAL EXTENT.

line between Utah and Idaho was not then established, but was surveyed in 1871, when it was found that several large settlements which had previously paid taxes and tithings in Utah were over the line in Idaho. Defining this boundary gave Idaho about 2,500 inhabitants more than previously claimed, and a considerable addition to its wealth, as nine tenths of the population thus acquired belonged to a class of large farmers and cattle-raisers.71 The proposition to reunite northern Idaho to Washington was revived in 1873, with the unification of the great Columbia basin under the designation of Columbia,72 a plan dear to the hearts of the people east of the northern branch of the Columbia.

The surface of Idaho, after taking all the territory east of the Rocky and Bitter Root mountains to create Montana in 1864, to enlarge Dakotah, and to organize Wyoming in 1868, was over 86,000 square miles, or nearly as large as New York and Pennsyl- vania together. Its northern boundary was latitude 49°, and its southern 42°. At its greatest width it was seven degrees of longitude, also, in extent. There was grand and wonderful scenery, great mineral and manufacturing resources, and, what was not known at the time of its settlement, good agricultural lands in all its sunny vales. Most of the disorders which at- tended its infancy as a territory soon disappeared. Hidden in a great mass of sin and folly were the ele- ments of social excellence, which, with an opportunity to germinate, spread their goodly branches through- out the land.73

71 The addition thus made consisted of the settlements of Franklin, Weston, Malade, Fish Haven, Ovid, Bloomington, Paris, and St Charles. The larger portion of Bear Lake was also found to be north of the line. Rept Sec. Int., i. 159, 42d cong. 3d sess; Cong. Globe, 1870-1, app. 362, 366; Zabriskie's Land Laws, 1118.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Washington, Idaho, and Montana : 1845-1889, Part 53

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

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