USA > Idaho > The history of Idaho > Part 9
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Just sixty days after the approval of this act, Congress comes in with one of her sweeping territorial organizations and detaches all the territory embraced in these ten counties and makes Montana Territory out of them, with a little more added.
The next we have on the county business is an act defining the boundary lines of counties west of the Rocky Mountains. Section 1 defines the boundary lines and organizes Nez Perce County but says nothing about the county seat. Section 2 defines the boun- dary lines and organizes Shoshone County, but does not locate a county seat. Section 3 defines the boundary lines and organizes Idaho County but does not locate the county seat. Section 4 de- fines the boundary lines and creates Boise County, but does not
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FIRST IDAHO LEGISLATURE
locate the county seat. Section 5 defines the boundary lines and or- ganizes Alturas County and locates the county seat at Esmeralda. Section 6 readjusts the boundary lines of Owyhee County and or- ganizes Owyhee County with the county seat at Ruby City. This was all done in one act, and was approved February 4, 1864, the last day of the first session of the legislative assembly of the Ter- ritory of Idaho.
The act of Congress organizing the Territory of Idaho and fix- ing the salaries of the federal officials of the Territory is as fol- lows: Governor, Chief Justice and two Associate Justices of the court, at $2500 per annum, each, to be paid quarterly. Territorial Secretary at $2,000 per annum. The members of the legislature and the chief clerks, $4 per day and twenty cents per mile each way for members traveling. The assistant clerk and other attaches were to receive $3 per day.
These salaries did not seem to comport with the dignity of the honorable members of the legislature, as living was rather expen- sive and the currency which Uncle Sam paid was under par at that time. The assessable property in the Territory was less than three million dollars, but these federal officers and legislative solons had to have more money, so they passed an act making an appro- priation out of the Territorial treasury to pay additional amounts above that paid by the United States. These additions were as follows: To the Governor and each of the three Justices of the court, $2500 each per annum, and to the Territorial Secretary $1,500 per annum, and the per diem compensation of the members and attaches of the legislative assembly was increased as follows: To each member of the legislative assembly, $6 per day, and to each of the chief clerks, $6 per day; to each of the assistant, en- grossing and enrolling clerks, $5 per day, and to the chaplains of each branch of the legislative assembly, the sum of $3 per day; to each of the sergeant at arms and the doorkeeper, $4 per day; to each page, $3 per day; the increased salary to the federal officials to be paid quarterly, the increase per diem to the members and attaches of the legislature to be paid at the end of each week dur- ing the session. (See pages 627 and 628, 1st Session Laws, ap- proved January 13, 1864.)
These bills were paid in warrants drawn by the Territorial Comp- troller on the Territorial Treasurer and when presented were reg- istered and drew ten per cent. interest until paid. It took time and oppressive taxation to redeem them, for this law continued in force for several ycars, until at last the Congress of the United States put a veto on it.
Notwithstanding these seemingly extravagant appropriations, this
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legislative body seemed piously inclined, for they passed an act, the title of which is, "An Act for the Better Observance of the Lord's Day." "Section 1. No person shall keep open any play house or theater, race ground, cock pit or play at any game of chance or engage in any noisy amusement on the first day of the week, com- monly called the Lord's Day. Violating these provisions is pun- ishable by fine not less than thirty dollars nor more than two hun- dred dollars." Approved January 23, 1864. (See 1st Session Laws, p. 602.)
Another purity act was passed, the title of which is, "An Act to Prohibit Marriages and Cohabitation of Whites with Indians, Chi- nese and Persons of African Descent." This act is very severe on whites who marry or cohabit with any of the races mentioned in the title of the act, the least penalty being one year in the Terri- torial prison. This act was approved January 6th, 1864. (See 1st Session Laws, p. 604.) The question arises, has either of these acts ever been repealed or were they ever enforced?
This legislature passed quite a number of acts, among which is a very lengthy criminal practice act, a civil practice act, an act defining crimes and punishment, an act fixing the time for the election and fixing the number of county and precinct officers for each county and defining the duties of officers. They also passed a liberal amount of franchises for toll roads, bridges and ferries and several incorporation acts for towns. In fact, they seemed to enact into law almost everything that was brought before them for their legislative consideration, the majority of which laws have been repealed or amended.
In the meantime our very active Governor had run for Congress against J. M. Cannady, Democratic nominee. It has been whis- pered aloud that Cannady received the more votes, but the Gover- nor being of the returning board, for some reason received the cer- tificate of election and went to Washington, but never returned to Idaho to remain. William H. Wallace having resigned the office of Governor for the more lucrative and agreeable position of del- egate to Congress, under the Organic Act of Congress creating a government for Idaho Territory, it was provided "that in case of the death, removal, resignation or absence of the Governor from the Territory, the Secretary shall be and is hereby authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence or until another Gover- nor shall be duly appointed and qualified to fill such vacancy." (See Section 3, Organic Act.) William B. Daniels having been ap- pointed Secretary on March 10th, 1863, when Governor Wallace left the Territory, he became the acting Governor of Idaho. The
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Secretary served in this position all through the first session of the Legislataure and until the arrival of Caleb Lyon, who was appoint- ed Governor on February 26th, 1864.
At the first session of the legislature, an act was passed dividing the Territory into judicial districts, as follows: The First ju- dicial district, embracing the counties of Nez Perce, Shoshone and Idaho; the Second, the counties of Boise, Owyhee and Oneida; and the Third, the county of Missoula and all that portion of the Ter- ritory lying east of the Rocky Mountains. The Hon. A. C. Smith was assigned to the First district; Hon. Samuel C. Parks to the Second district, and Hon. Sidney Edgerton, the Chief Justice, to the Third district. This seemed to put the Chief Justice on the extreme frontier. The courts over which these judges presided had jurisdiction over offenses arising from violation of the United States laws as well as laws of the Territory. It was also pro- vided in the same act that the first six days of each session of these courts held at the respective county seats, namely, Lewiston, Idaho City and Virginia City (the latter town in Missoula County, now Montana), should be devoted to the trial of cases arising under the Constitution and laws of the United States. The Chief Jus- tice, however, had very little to do in his district, for it was all put into Montana the following year, March 17th, 1864.
This first legislature passed an act defining all territorial, dis- trict, county and precinct officers, and making them all elective, in- cluding the Territorial Treasurer, Auditor, Superintendent of Schools, District Attorney and members of both branches of the legislature; also an act fixing the time of elections to be held on the first Monday in September in each year to elect such officers as hold office only one year. In the act creating the offices, it was provided that the Territorial Treasurer, Auditor, Superintendent of Public Instruction, District Attorneys, members of the legislative council, county clerks, sheriff, county treasurer, county recorder, county assessors, county surveyors, county superintendents of schools and justices of peace shall hold their offices for two years; members of the lower house of the legislature to be elected for one year, constables and road supervisors for one year, county com- missioners, after the first election, one to be elected at each annual election for a term of three years. The reason for holding these annual elections seems to have been on account of two provisions in the Organic Act, one of which provided that there should be annual sessions of the legislature, and the other that the members of the lower house should be elected for only one year.
The first legislature passed an act requiring each county to build His-6
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a jail, also an act fixing the time for the meeting of the next legis- lature on the second Monday in November, 1864, also an act to tax the next annual product of mines.
An attempt was made at this first session to locate the capital permanently, but without success. Below we give the proceedings had.
Much has been said about where the Act of Congress, approved Mach 34, 1863, organizing the Territory of Idaho, located or fixed the capital of said Territory. For the information of those who have never read the Act, we here quote all of that portion of the Act that refers to the capital, as follows:
"AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY
OF IDAHO.
"Section 12. And be it further enacted that the legislative as- sembly of the Territory of Idaho shall hold its first session at such time and place in said Territory as the Governor thereof shall ap- point and direct, and at said first session, or as soon thereafter as they may deem expedient, the Governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; provided, that the seat of government fixed by the Governor and legislative as- sembly shall not be at any time changed except by an act of the said assembly, duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question."
There does not appear to have been any attempt made in this act to locate or fix the capital of Idaho Territory at any particular place, nor does it confer any direct power on the Governor to lo- cate the seat of government. It merely authorizes him to designate some time and place for the first legislative assembly to meet. It may very properly be construed to mean that the Governor and Secretary of the Territory should meet at the same time and place that the legislature is called to meet; but this was not a location of the capital within the meaning of the Act of Congress. It was merely a place designated by the Governor under the act for the legislature to meet until the Governor and the legislature agreed by enactment where the capital should be located. In writing on this subject once before, I stated that the Act of Congress seemed to place the temporary location either in the Governor's vest pocket or else in his fertile brain.
I will now give the action of the legislature and the Governor on the location of the capital of Idaho Territory.
The Governor called the first legislature to meet at Lewiston, in Idaho Territory, on December 7th, 1863. They met at the time
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FIRST IDAHO LEGISLATURE
and place, organized and went to work. They were entitled to hold sixty days' session, under Section 4 of the Act of Congress, for the first session only. The sixty days expired on February 4, 1864, at which time they adjourned sine die.
The first move made for the location of the capital by the legis- lature, we find on page 123 of the Journal of the House of Rep- resentatives of the first session of the legislature, January 28th, 1864, to wit: "Mr. Campbell introduced House Bill No. 98 for the permanent location of the seat of government at Boise City. Passed second reading and on motion was referred to select com- mittee. The speaker appointed Messrs. Kelly, Leland and Miller. Printing dispensed with."
"Monday, February 1, 1864. House Journal, pp. 137 and 139. Mr. Kelly from special committee on House Bill No. 98 made the following minority report: 'Mr. Speaker, your committee to whom was referred House Bill No. 98, reports the same back with a substitute and recommend its adoption and passage.'
"Mr. Leland from special committee on House Bill No. 98, made the following minority report: 'Mr. Speaker, a minority of your committee to whom was referred House Bill No. 98, beg leave to report that in the opinion of your minority committee it would not become the present legislative assembly to pass upon the question of a permanent location of the seat of government of this Terri- tory, but it is the opinion of your minority committee that some fu- ture legislative assembly with greater and better facilities for se- lecting such location, suited to the wants and best interest of the people of Idaho, and therefore your minority committee would recommend that said bill be indefinitely postponed.'
"Mr. Miller from special committee on House Bill No. 98, made the following minority report: 'Mr. Speaker, your committee to whom was referred House Bill No. 98, beg leave to report the same back with the following amendments, recommending their adop- tion and the passage of the bill as amended: strike out the words "Boise City in Boise County" and insert the words, "Virginia City in Madison County" instead.' "
February 2nd, 1864, House Journal, p. 147:
"House Bill No. 98 for the permanent location of the seat of government at Boise City was taken up. Mr. Brown moved the adoption of the minority report of the chairman of the committee. The question recurred on the original motion, pending which Mr. Wood moved to adjourn. Lost. Mr. Orr moved to adjourn. Lost. On motion of Mr. Brown, further consideration of the bill was deferred until after the regular order of business on the table was gone through with."
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THE HISTORY OF IDAHO
Same date, pages 149 and 150:
"House Bill No. 98, was taken up, the motion bearing on the adoption of the report of the chairman of the committee to whom it was referred, pending which the house took a recess until five o'clock in the evening. The hour having arrived, the house was called to order by the speaker. The yeas and noes were demanded on motion to adopt the report with the following result: Yeas, Messrs. Bodfish, Brown, Campbell, Keithly, Kelly, Leland, Miller and Wood. Noes: Messrs. Bacon, Orr and Mr. Speaker. So the motion prevailed. Mr. Leland gave notice to move to reconsider the vote tomorrow.
"Mr. Leland moved to engross for third reading.
"Mr. Kelly moved that the bill be considered engrossed and be put upon its final passage. Carried. The bill was then read a third time and passed by the following vote: Yeas, Messrs. Bod- fish, Brown, Campbell, Keithly, Kelly, Miller and Orr. Noes, Messrs, Bacon, Leland, Wood and Mr. Speaker.
"Mr. Orr gave notice to reconsider the vote tomorrow. Mr. Kelly also gave notice to reconsider."
February 3rd, pages 151 and 152.
"Mr. Orr in accordance with previous notice moved to reconsider the vote by which House Bill No. 98 passed yesterday. The yeas and noes were demanded, with the following result: Yeas, Messrs. Wood and Mr. Speaker. Noes, Messrs. Bacon, Bodfish, Brown, Campbell, Keithly, Kelly, Leland, Miller and Orr. Motion lost.
"Mr. Leland gave notice that he would during the day, as per previous notice, move to reconsider the vote by which the minority report of the chairman of the committee on House Bill No. 98 was adopted yesterday. Motion ruled out of order.
"Mr. Kelly moved that the clerk be instructed to transmit the bill to the council immediately. Carried."
PROCEEDINGS OF COUNCIL.
February 3rd, 1864. Council Journal, p. 129:
"Message from the House of Representatives containing House Bill No. 98 passed that body and asking concurrence therein. House Bill No. 98, an act for the location of the seat of government of the Territory of Idaho. Read first and second times and Mr. Capps moved for the indefinite postponement of the bill. The yeas and noes being demanded, were as follows: Yeas, Messrs. Capps, Edwards and Waterbury. Noes, Messrs. Stanford, Rheem, Smith and Mr. President. Motion lost.
"Mr. Smith moved to suspend the rules in order to read the bill
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the third time this day. Mr. Edwards moved the motion to sus- pend the rules be laid upon the table. Lost.
"The yeas and nays being called on the suspension of the rules, were as follows: Yeas, Messrs. Rheem, Stanford, Smith and Mr. President. Nays, Messrs. Capps, Edwards, Waterbury. Motion lost.
"On motion of Mr. Rheem, House Bill No. 98 was referred to committee on counties, consisting of Messrs. Smith, Stanford and Waterbury."
February 4th. Page 132, C. J.
"Mr. Smith, chairman of committee on counties, reported favor- ably on House Bill No. 98 and recommended its passage. Report rejected. Mr. Smith moved to suspend the rules. Lost. On mo- tion of Mr. Capps, the bill was indefinitely postponed."
CHAPTER XVI.
TROUBLE WITH INDIANS IN OWYHEE COUNTY IN 1864.
In the Spring and Summer of 1864, the Indians in Owyhee County were troublesome to those who attempted to settle on ranches away from the mines. The Indians would steal their stock and drive them away, take everything they could and sometimes shoot the settlers and also people traveling on the road. In the summer of 1864, Michael Jordan, who was one of the discoverers of the mines in Owyhee County the year before, and who had settled on a ranch a few miles from the mines in Jordan Valley (so named for Mr. Jordan), was troubled greatly by the Indians. At last they stole all of his stock and many other things. This was more than Mr. Jordan could endure, so he determined to follow the Indians. Fourteen of his friends volunteered to go with him and they started on the trail of the Indians and overtook them near the headwaters of the Owyhee River, south of Ruby City. A fight commenced be- tween the Indians and white men. The Indians outnumbered the whites and also had the advantage of ground. Mr. Jordan was shot by the Indians and fell, mortally wounded. One other man was shot through the hand. By this time the Indians were attempt- ing to surround them. As soon as Mr. Jordan learned the situa- tion, he called out to the men to leave him, as he was mortally wounded, and to run and save their own lives, which they did.
These fourteen men went to Ruby City and Booneville and re- ported what had taken place. Two companies were soon raised to follow the Indians, about sixty men in each company. Daniel Ritchard, who was with Captain Standifer in his campaign against the Indians in 1863, was one of the menwho went out with these companies, and he has given me the following account of this cam- paign :
"We started for the Indian camp, being piloted by Jordan's men. It was nearly night when we camped. We were then within a few miles of the place where Jordan's men had overtaken the Indians. A few men were sent out as spies to locate the Indian camp. We went to the place where they had fought the Indians, but found they had gone. We found Mr. Jordan's body, which had been mu? tilated in a most horrible manner. We buried the body and started on the trail the next morning. Late the second day, we overtook them and fighting commenced. We killed all we could find near, but saw twelve or fourteen bucks a long way off, going up a can-
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yon. Before we could overtake them, they had found a refuge in a cave in this canyon. There was a great quantity of thick brush all around so we could not venture in without great danger. How- ever, we finally went in and got them all and killed them, but lost two of our men and another was wounded in the thigh. We buried our comrades and built fires over their graves so the Indians would not suspect the place to be the graves of white men. We then re- turned to Ruby City and disbanded."
CHAPTER XVII.
FORT BOISE-BOISE CITY AND VALLEY IN 1863 AND 1864.
On June 28th, 1863, Major Lugenbeil of the United States army, arrived with a company of United States cavalry and pitched his camp on the south side of Boise River on what is now called Gov- ernment Island, about one mile west of where Boise now stands. The Major had come from Fort Walla Walla over the miners' trail, through the Boise Basin. The writer of this met him and his troops above the Warm Springs and talked with him. His business was to select a suitable place to establish a military post. When I returned from my trip to Idaho City on the Fourth of July, he had not moved his camp, but about the 6th of July, he made the selec- tion and located the present site of Fort Boise. Within a few days a number of men came down from Idaho City and laid out the town of Boise. Some of the original locators were Cyrus Jacobs, H. C. Riggs and Frank Davis. Thomas Davis, who had located a farm near Boise, also joined in locating the present site of Boise.
Cyrus Jacobs had an assortment of merchandise coming from Walla Walla intended for Idaho City, but this he stopped in Boise and put up a cheap building and opened up his stock of goods for sale. At the time the United States troops arrived here, the only buildings that could be seen from the road were a few log cabins, one at what was afterwards called the Nine-Mile House, or the Maxon ranch; one at what was called the Huff place, five miles be- low Boise; another at the Robert Wilson ranch on Warm Springs Avenue, and also a cabin at the Warm Springs. We did not see any person at any of these cabins as we passed up the valley on June 27th, 1863. They may have been on a visit, at work, or pos- sibly preparing for a jack rabbit drive, as the rabbits seemed to be about as numerous as the sagebrush. The only growth at that time on the site of Boise was sage brush and bunch grass, both of which grew luxuriantly. The only occupants that we saw were jack rab- bits and they seemed quite surprised to have us invade their happy domain. Some of them would stand on their hind legs and gaze intently at us as much as to say, "Why are you here and where are you going?" My passengers picked off a few of the bolder ones with their revolvers, and away the rabbits would run in every di- rection.
The site selected by Major Lugenbeil for Boise Barracks was a very desirable and beautiful location just at the foot of the moun-
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FORT BOISE
tains, somewhat elevated above the river bottom, giving a nice view, good drainage and firm soil that never gets muddy, and also a stream of water near by. The Major had the first selection for the barracks and his choice was certainly excellent. Thomas Davis' selection for a farm was also fine, commencing at the Boise River and extending up and down the river quite a distance opposite the barracks, thus leaving a strip of land between his ranch and the barracks only about one-half mile wide. It was on this strip of land the townsite of Boise was located. As the location extended west, it passed the boundary lines of the barracks and widened her lines out to the north. This is a beautiful location and is centrally lo- cated on the direct road leading from the Boise Basin country, to all parts of Southern, Southeastern and Southwestern Idaho, and to Oregon, Washington, California, Nevada and Utah. In fact, Boise is the central point from which to start to go to almost any point in the western country.
The growth of Boise was slow for many years, owing to the fact that many of the people who came to Boise did not intend to re- main. The idea seemed to be, as it is in so many new towns, that they would make some money and return to their old homes. Among the first who built and started in business was J. D. Agnew and H. C. Riggs. These men built an adobe house on the northeast corner of Main and Seventh street, where they opened a saloon and had a feed and livery stable in the rear of the building.
Boise is situated about one-half mile from Boise River on the north side. The boundary line between Oregon and Idaho is 48 miles distant. From Boise to Idaho City is 36 miles; to Center- ville, 44 miles; to Pioneer, 50 miles; to Placerville, 50 miles; to Quartzburg, 54 miles ; to Dewey, 58 miles; to Silver City, 60 miles ; to DeLamar, 65 miles; to the Payette Valley or River, 30 miles. Both the Boise and Payette Valleys are fine farming and fruit countries. The former is about fifty miles long by from one to four miles wide, and the latter is about thirty miles long and from two to five miles wide, with several small valleys above separated from the main valley by rolling hills which come down to the river. Although these lands are now very productive, it was a long time before the settlers realized that this was an arid district and that to be productive the lands must be irrigated. Seed had to be brought from Oregon, also the farming implements, and at a very high cost, so it is not surprising that the first two years the farm- ers were somewhat discouraged. But very soon they began making irrigating ditches and soon had more abundant crops.
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