USA > Idaho > The history of Idaho > Part 5
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"When we were rested, a debate arose. Part of the men wanted to continue the trip and others wanted to return to their homes. D. H Fogus and I held out to continue and cross the river, but all the others positively refused to attempt crossing the river again. I stated that I had every reason to believe we could go back to Owyhee and find timber to make a boat so we could cross safely. It was finally decided that Fogus and I should return to Owyhee and see if we could find suitable timber for a boat. If we could, they would help us build the boat and we would all cross the river.
"We found the timber and all returned to Owyhee excepting John Casner, Silvi, Martin and one other, who returned to Walla Walla. We camped on the Owyhee about five miles above the mouth. We were twenty-one days building the boat. We then ran it down to the Snake River and crossed just below the mouth of the Owyhee. We led one horse beside the boat, the others swimming loose.
"Grimes, the two Portuguese and myself were the last to cross. Having the riding saddles, our load was very heavy, water was con- stantly coming in and we had to bail continually with a bucket. When about twenty feet from the shore the boat went down. The men who had crossed before, came to our rescue and we saved every- thing on board. I had all along stated that I wanted to go to the Payette River and follow it up, but on leaving here, our course was up the right bank of Boise river in quest of a ford. Coming to the
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first canyon, we saw granite hills. Here we constructed a raft and crossed to the north bank. I was asked if we should go towards Payette. I said 'No, for in this granite formation, we may find what we are looking for.' So we went up to the hills and camped.
"Here something occurred that made me uneasy. Grimes and Westernfelter were in advance of us and I heard the report of a gun. When they returned, I asked if they had shot anything. They said no, but I had my doubts and made up my mind to be on my guard. We hobbled and staked our horses, dug holes in the ground for a defense and put out a double guard that night, for I believed the men had shot or fired at an Indian while ahead of us. At day- light we were up and brought in our horses and tied them good and fast in the camp. I then told the party I would go to a butte near by and take a view of the country, and if they saw me start to run towards the camp, to get out their fire arms and make ready for battle, as I would not run unless I saw danger. While standing on the hill, I saw a party of Indians, stripped naked, all mounted and riding at full speed up the creek towards our camp. I ran for the camp, barely getting there before the Indians. Our men were all in line to do battle. With both arms outstretched, I cried, 'Don't shoot until I tell you.' On came the Indians not twenty yards away. Un- moved I stood there, and our men waiting, with guns drawn, for the word. Our nerves were well tested, for the Indians did not halt until within twenty feet of us. Had we been less firm, there would have been one more fearful tragedy enacted on the frontier. After stand- ing still and watching us a moment, one of the Indians called out in good English, 'Where are you going?' This was Bannock Louie. I replied that we were going to the mountains to find gold. He asked if we did not think he spoke good English, to which we replied we did. We invited them to have breakfast with us and they very readily accepted the invitation.
"The Indian who spoke English told us that the trail we were fol- lowing would lead us over the mountains to a large basin. Those words sank deep in my heart, for I had been thinking how much these mountains and surroundings tallied with the description given me by my Bannock friend. He also told us that in this basin there were over one hundred warriors of the worst type, and if we were not on the lookout, we would lose our scalps.
"After breakfast we saddled and packed our horses and moved on to the top of the mountain, where we camped for noon. When the time came to start out after dinner, Grimes and I differed as to the route we should take. He wanted to follow the ridge leading to Payette, which I had all along spoken about, but I had now discov- ered that in this basin to the right of us was the spot described to
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me by the Indian on Salmon River. Grimes and I differing we called for a vote. All the men but one voted with Grimes, so we followed him. We had not gone far, however, when Westernfelter, who had been behind, overtook us and riding up to Grimes, asked where we were going. After Grimes told him, he said: 'I understood Splawn wanted to go down into the basin and we are following him now and not you, and we will follow him, and I want you to remember he is the one to say where we are to go.' Some sharp words passed be- tween them and both dismounted and leveled their guns, the barrels coming in contact. I jumped off my horse and got between them and succeeded in making peace. Both of them were brave men and we did not have any men to spare. Grimes was asked why he did not want to go down into the basin when Splawn said it looked just like the place described by the Indian. He answerd, 'I am afraid of the Indians.' Westernfelter said, 'If we are afraid of the Indians, we should not have come here at all and we had better return home.' This remark of fear from Grimes struck me as strange, for he was well known to be the bravest of the brave. I spoke to Westernfelter saying we had put the question of our route to a vote and Grimes had won, so I would follow him. After traveling for a short dis- tance, Grimes stopped and said: 'I will get behind and bother no more.' Then I turned back on the trail, the pack horses driven be- hind me, and went down into the basin and camped. I walked on to look out our future trail and see if there were any signs of In- dians, for I remembered the words of caution given us that morning. I soon saw freshly blazed trees and returned to camp to get my horse, for I was on foot. Joe Branstetter went back with me. Rid- ing to the top of a little hill, we saw Indian lodges. We turned back and concluded to go around the lodges, but seeing an Indian dog, we thought the Indians were in their lodges ready to shoot. We made up our minds to have it out and rode full speed toward the lodges, but we did not find any Indians. The lodges, however, were well filled with salmon, both fresh and dried. Going on further up the creek, it occurred to me that the squaws had probably seen us and had gone to tell the bucks. We went back to the lodges and I took all the Salmon I could carry, and we returned to camp. We had only been there a few minutes, when looking back from whence we came, we saw about fifty warriors riding at full speed towards our camp. Some of our party were in favor of giving them blankets and so try to make friends with them, but I had been raised in an Indian country and knew too much of their na- ture to even think of such a thing. I said: 'Get your guns, and remember to be firm and no gifts.' Insisting upon this display of bravery, I took up my gun and went forward to meet the Indians,
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as I had no intention of allowing them to run into camp. I waved my hand at them, thinking they would stop, but on they came. I leveled the gun on them and they halted. Branstetter and Grimes were soon by my side. Grimes could talk good Chinook jargon and I asked him to tell them that if they wanted to come into camp, they must lay down their arms, take off their blankets and leave them where they were, and not over ten at a time come into camp. This they agreed to do. The two chiefs, each wearing a plug hat and cutaway coat (doubtless the spoils from some massacre of de- fenseless emigrants) came first, and Grimes stepping some little distance in front of us, smoked the pipe of peace with them while we stood guns in hand.
"The parley was soon over and we packed up, prepared to move again. Here another disagreement arose as to which way we should go, some wanting to return the way we came, and others to go on. The majority was for going on. I again led the way, the pack horses driven after me. We had gone only a short distance when I heard the clattering of horses feet just over a small hill to our right. I expected trouble when we came to the crossing of the creek a short distance above. At this place Branstetter rode up be- side me and said: 'We see Indians on our right, riding at full speed, and they may intend cutting us off somewhere.' I said, 'We are in for it, and the only way to act is with total indifference. Be on the alert; ride on, and if we have to, we will fight.' A little further on, near the crossing of the trail stood an Indian. I asked him how far it was to the stream. He pointed in that direction, knowing I had been there before, for our horses' tracks could be plainly seen on the same trail an hour before.
"At the crossing there were some more Indians, but we paid no attention to them. We continued on our way and camped on this creek at the place where the town of Centerville now stands. And it was at this place Fogus put his shovel in the dirt and gravel and from that shovelful worked out about fifteen cents worth of gold. I then felt we had found the basin of my dreams, so accurately described by my Indian friend.
"His story was true and this basin has proven a benefit to man- kind and a direct cause of the birth of a new and great State, and this story should have its place in its history.
"We moved on to where Pioneer now stands, stopped at this camp two days, then over Pilot Knob and camped on the creek at noon. Mounting a horse, I rode up to the head of the creek, where I climbed a tall fir tree and cut a Catholic cross in the top of it. From this tree I could see a cut-off which we afterwards used in our retreat. On coming down from the tree to where my horse
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stood, I saw an Indian and bear tracks. I mounted my horse quickly and rode down the hill and over the underbrush to the creek. In passing through this fearful entanglement, my trousers were torn off, my shirt in shreds, my limbs and body cut in many places. I arrived in camp after dark, bruised and sore. The men put plas- ters on my back and gathered pitch from the firs and put on the cuts on my body.
"The next day the men were busy sinking prospect holes. Provi- sions were getting low about this time. About three o'clock in the afternoon, while the Portuguese were making me a pair of pants out of seamless sacks while I was asleep, Grimes came into camp and wakened me, saying, 'There is trouble here. These Portu- guese say the Indians have been shooting at them while they were sinking prospect holes.' I got up and looked around and seeing nothing, again laid down as I was still sick and sore from my wounds received the day before. I fell asleep but was soon awak- ened by the sound of voices and firearms. I got up and saw George Grimes with his shotgun in his hands close by. Taking up my gun I went to him and together we made a charge up the hill in the direction of the shots. When we reached the top, it seemed as if twenty guns were fired in our faces. Grimes fell just as we reached the top. The last and only words he said were, 'Mose, don't let them scalp me.' Thus perished a brave and honorable man at a time when he stood ready to reap his reward.
"I called for the rest of the men to come to the top of the hill. We left a guard there and carried Grimes to a prospect hole and buried him, amid deep silence. He was our comrade and we had endured hardships and dangers together and we knew not whose turn would come next.
"We then commenced our retreat. It was almost dark and we had nothing to eat. I decided to take the route I had seen from the tree the day before. Riding in the lead for about a mile, and when near Pilot Knob, looking down on the creek I saw a small camp fire. When the men came up, I pointed it out to them and told them it was necessary for us to know if this was a band of warriors. I said, 'You wait here and I will go down on foot and see if I can learn for certain.' I left my rifle and took only my pistol, and told them that if they heard firing and I did not return within a reasonable time, for them to go on as I would have been killed, but that if I was not hurt, I would return within a short time.
"I took down a ravine, crawling within a few yards of the creek, but no signs of life did I see. I became impatient and made up my mind to end this anxiety. I raised up and walked rapidly
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to the bank of the creek and to my surprise and joy, found only fox fire, the first I had ever seen in the mountains. I hurried back to where the men were waiting, and we rode on to where Center- ville now stands and tied our horses until morning.
"We then climbed a steep hill where our horses had been grazing a few days before and had made tracks all over the hillside. This put the Indians off our trail, and they failed to find the route we had taken.
"Arriving at the top of this hill, I climbed a peak near by and below I could see the Indans riding in a circle, their faint war whoops reaching my ears from the valley we had just left. We went on towards Boise River, taking the same route we had in going in.
"In a little valley on the way down, we saw some squaws dig- ging Camas. Looking a little further on, some of the men pointed out a wonderful sight. A thousand Indians, they said, on white horses, were ready to bar our way. I stood dazed for a few mo- ments, then it occurred to me that there could be no such number of white horses, and taking a good look, saw that the seeming In- dians and white horses were only white rocks. Turning around to speak to the men, none of them were in sight. I hurried after them and asked them where they were going. They answered that they were going to avoid those Indians. I told them there were no Indians only squaws, and succeeded in persuading them to turn back.
"We rode down the valley, passing the squaws, and camped on Boise River, still without anything to eat. Early the next morning we were on our way and went on down the river until we came to the place where we had crossed on our way to the basin. Looking back we saw a great dust. Through our field glass it seemed to be a string of Indians about two miles long, and there was also a cloud of dust on the opposite side of the river, going down. We thought a band of Indians must be going to attack Auburn. Seeing dust in front of us and behind us, we concluded to get into a bunch of tim- ber nearby on Snake River and fight it out until night. While re- flecting on the situation, I was startled by the report of a gun behind me. Looking backward, I saw Joe Branstetter who called out that he had killed a rattlesnake. The report of the gun brought ont from the opposite shore several white men, who were camped behind some timber. Some of them came down to the river bank and we learned from them that the dust was caused by emigrant trains, Tim Goodell, captain of the train. We constructed a raft and crossed over to where the emigrants were camped. We had been without food for two days. Captain Turner came to us and
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told us the people of the emigrant train thought we were allies of the Indians and would not permit us to come into their camp or give us anything to eat. The next morning they relented and let us go into the camp and gave us something to eat.
"From this place we went to Walla Walla. Fifty men joined us at Walla Walla and we returned to the Basin, located mining claims, held and worked them, having good success.
"It was in August, 1862, when we discovered Boise Basin."
(Signed) "MOSES SPLAWN."
CHAPTER X.
ORGANIZATION OF TERRITORY OF IDAHO-APPOINTMENT OF FEDERAL OFFICERS-FIRST ELECTION FOR MEMBERS OF THE LEGIS- LATURE AND DELEGATES TO CONGRESS.
The Organic Act passed by Congress and approved by the Pres- ident March 3, 1863, creating and organizing a territorial govern- ment for the people residing within and those who might come thereafter, in certain limits and boundary lines of territorial lands, gave to that territory the name of Idaho. Various reasons are given for the origin of the name Idaho. By some it is claimed that it is an Indian name. One story is that some miners had camped within sight of what is now Mount Idaho. In the morning they were awakened by the Indians calling "I-da-ho" and pointing to the rising sun just coming over the mountain, hence the term, "The Rising Sun." Another story is that the name was taken from a steamboat built by the late Col. J. S. Ruckles to run on the Colum- bia River in early days. This boat was named The Idaho. Mr. Goulder, one of the oldest living pioneers in Idaho, saw this steam- er on the Columbia in 1860 and noticing the name asked the mean- ing and was informed that it was an Indian word, "E-dah-hoe," and stood for "Gem of the Mountains." Mr. Frederick Campbell, one of the pioneers of the Pike's Peak excitement, says the word Idaho is an Arapahoe Indian word and that in Colorado a spring was named Idaho before the word was known in the Northwest, and that it was even suggested for the name of Colorado. Mr. Campbell's theory is probably correct, as neither the Nez Perce nor any other Northwestern dialect seems to include the word.
The bill as it passed the House of Representatives named the territory Montana. The Senate amended the bill by striking out the name "Montana" and inserting "Idaho." The Senate also amended the section defining the boundary lines of the territory so as to make the area very much larger than the House bill provided for. The change of the name was made on motion of Senator Wil- son of Massachusetts, who claimed that the "word" Montana had no meaning. Senator Hardin of Oregon, said: "The name Idaho is much preferable to Montana. Montana, to my mind, signifies noth- ing at all. Idaho in English signifies 'The Gem of the Mountains.' This is a mountainous country and the name Idaho is well under- stood in signification and orthography in all that country and I prefer it to the present name." The amendment was agreed to.
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The bill, as amended, was returned to the House of Representa- tives, and on motion of Mr. Sargent of California, the House con- curred in both of the Senate's amendments.
The act of Congress dividing Washington Territory and creating Idaho Territory, described the boundaries of Idaho as follows: "Beginning at a point in the middle of the channel of the Snake River where the northern boundary of Oregon intersects the same, then follow down the said channel of Snake River to a point oppo- site the mouth of the Kooskooskia or Clear Water River; thence due north to the forty-ninth parallel of latitude; thence east along said parallel to the twenty-seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado Territory; thence west along said boundary to the thirty-third degree of longitude west of Washing- ton; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boun- dary of the State of Oregon; thence along said boundary to the place of beginning."
These boundary lines not only included all of the southern and eastern portion of the Territory of Washington, but went a way over on the east side of the Rocky Mountain range and took in a large strip of the Louisiana Purchase, including within the boun- dary lines of Idaho Territory more than three hundred thousand square miles. On March 17th, 1864, Congress passed an act cre- ating the Territory of Montana. The most of the territory that was put into Montana was taken from the northeastern portion of Idaho. Later, on June 28, 1868, the Territory of Wyoming was created by act of Congress and a large piece of the southeastern portion of Idaho was included within the boundary lines of Wyom- ing Territory. This last named act of Congress reduced Idaho to its present area of about 85,000 square miles.
ORGANIZATION.
The organic act for the Territory of Idaho provided that the President, by and with the advice and consent of the Senate, should appoint for the Territory a Governor, a Secretary, a Chief Justice and two Associate Justices, a United States Attorney and a United States Marshal. The act also provided that the Governor should appoint census takers to take the census of the Territory, and after the report of the census taker was received, he should lay out the territory in council and representative districts, and call an elec- tion for a member of Congress and members of the legislature. The legislative council was limited to seven members the first ses- sion, and the number of representatives to thirteen, with power to
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increase the number according to the increase in population, not, however, to exceed thirteen councilmen and twenty-six representa- tives. The Governor should name the time and place for holding the election, appoint the judges of election, canvass the vote and declare who was elected; also name the time and place for holding the first session of the legislature, which session should not exceed sixty days and subsequent sessions only forty days.
The officers arrived some time after their appointment. For some cause unknown to us, the Governor saw fit to make his head- quarters at Lewiston-certainly not on account of the population being greater in that part of the State, for there were more people in fifteen miles square in the Boise Basin than there were in all the balance of the Territory at that time. Lewiston was, however, the oldest town and had the advantage of being near the Governor's former home, so he very naturally exercised his right and privi- lege to locatae in the place that suited him best. If he had, how- ever, considered the best interests of the people whom he was sup- posed to serve, he would hardly have located the temporary capital away up in the northern part of the Territory, just across the boun- dary line between Washington and Idaho.
The Organic Act also provided that the Governor should com- mission such Territorial officers in addition to those named and appointed by the President, as should be appointed to office under the laws of the Territory, without waiting for a session of the legislature to determine what offices were elective and what ap- pointed. On the 23rd of July, he appointed John M. Bacon Aud- itor and Comptroller, and on the 7th of September, he appointed D. S. Kenyon Treasurer of the Territory.
The Governor issued his proclamation dated Lewiston, Idaho Territory, September 22nd, 1863, calling for a general election to be held on the 31st day of October, 1863, for a delegate to Con- gress and members of the legislature, he having defined the coun- cil and representative districts as first, second and third districts. We have been unable to procure a copy of this order, but judging from the members elected, we think the first district embraced all of Idaho north of the Salmon River and west of the Rocky Moun- tains; the second district, all of the district south of the Salmon River, and the third, all of Idaho east of the Rocky Mountains.
The act further states that at the first session of the legislature or as soon thereafter as they may deem expedient, the Governor and the legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they deem eligible. It seems from reading this act of Congress, that the seat of government for Idaho was neither located temporarily or
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otherwise, but simply left to the discretion of the Governor to name the place for holding the first session of the legislature. It did not even state that the Governor's and Secretary's offices should be at the place named by the Governor for the holding of the first session of the legislature. (See Organic Act published in the First Ses- sion Laws of Idaho, pages 27 to 36, inclusive.)
From a careful examination of this act, we must conclude that all this talk in respect to the capital being temporarily located at Lewiston by this act was a mistake. The selection of the temporary capital rested with the Governor until such time as the legislature with his approval passed a law locating it at some different place.
APPOINTMENT OF OFFICERS.
The President appointed the following officers :
W. H. Wallace, Governor, March 10, 1863.
W. B. Daniels, Secretary, March 10, 1863.
Sidney Edgerton, Chief Justice, March 10, 1863.
Alec C. Smith, Associate Justice, March 10, 1863.
Samuel C. Parks, Associate Justice, March 10, 1863.
D. S. Payne, U. S. Marshal, March 13, 1863.
G. C. Hough, U. S. Attorney, February 29, 1864.
CHAPTER XI.
INDIAN TROUBLES IN SOUTHERN IDAHO IN THE EARLY SIXTIES.
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