USA > Washington > History of Washington; the rise and progress of an American state, Vol. IV > Part 11
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34
146
THE RISE AND PROGRESS
In November 1866, Johnson removed Pickering, who had then served a little more than four years as governor, and appointed Cole, who had served one term as delegate. Pickering, although a man of but little education, and past sixty years of age at the time of his appointment, had made a very acceptable governor, and the legislature adopted and forwarded a memorial protesting against his removal. He was a voluble talker and writer. Like Mr. Lincoln, whose acquaintance and friendship he had enjoyed for thirty years, he was fond of stories and story-telling, and it is said of him that he could never begin a story and tell it straight through to the end without being reminded of another and still others, all of which he would weave into the general narrative, so that when he finally concluded the tale he had first started to tell-which he invariably did, if his auditors had patience to listen-it would be found that he had told a whole series of anecdotes. But his messages to the legislature, of which there were five, show no evidence of this volubility. They are for the most part succinct and straightforward statements of the affairs of the territory for the time being, and the few recommendations made were creditable, though of more importance at the time, than interesting at present. He early urged that provision be made for codifying and publishing the statutes of the terri- tory, which up to that time had been printed only in pamph- let form at the close of each session. He twice recommended that the Nachess Pass road, which, after the Indian war, had become practically impassable, be so improved that immi- grants might use it, and that a better road be opened through the Snoqualmie Pass, which he believed to be entirely practicable.
No home for insane persons had yet been provided, nor any place for the safekeeping of criminals under sentence
147
OF AN AMERICAN STATE
to the penitentiary. Insane persons, and the feeble-minded or intellectually defective, were cared for by the Sisters of Charity at Vancouver, at a contract price for each individual. While there was no complaint about the treatment given them, the governor thought a time had come when the territory should begin to do what it must do eventually, by providing an institution of its own for them. But this was not done during his time. When the contract with the Sisters expired in 1866, another contract was made with James Huntington and W. W. Hays at Monticello, and the eleven patients were transferred to their keeping. There they remained until 1871, when a new contract was made with Hill Harmon, to care for them for a term of five years, and they were removed, in August of that year, to the old site of Fort Steilacoom, where the present asylum for the western part of the State in now located.
While the patients were still to be cared for by private contract, the territory had begun to provide for taking them under its own care. The troops had been finally withdrawn from Steilacoom in 1868, and the post abandoned. In December 1869, the legislature had passed an act, making the governor and territorial auditor a board of commissioners to purchase the buildings which had been occupied by the officers and soldiers, from the national government, and turn them over to the commissioners who had been pre- viously appointed to look after the care of the insane, to be fitted up at the cost of the new contractor, for their reception. The purchase was made in January of that year, for $850. The buildings were then so changed and remodeled that the governor was able to report to the legislature, that while there had been no cause of complaint with the old contrac- tors, "it cannot be denied that the change to the present
148
THE RISE AND PROGRESS
institution, it being better adapted for that purpose, has already had a beneficial influence on the inmates."
These first asylum buildings were two in number, one 152 by 54 feet in size, which was divided into two wards, one of twenty rooms for male patients, and one of ten rooms for the females. Each ward was heated by a large box stove, with a sheet-iron drum, and each stove was enclosed with iron railings to keep the patients from being burned. A second building, 60 by 32 feet in size, contained a kitchen, and separate dining-rooms for the male and female patients. Twenty-three patients were removed to these buildings when they were ready for their reception.
Up to the time Pickering arrived in the territory, unhappy married people had usually applied to the legislature for divorces. At nearly every session, one or more acts had been passed, separating wives from husbands, or husbands from wives, and the divorce business had been particularly active during the two preceding sessions, at one of which fifteen and the other seventeen such acts had been passed. Secretary Turney, as acting governor, had declaimed against this practice in the flamboyant message he sent to the legis- lature in December 1861, but no attention was paid to his recommendation that it be discontinued. Pickering renewed the recommendation in his first message, pointing out that the law declared marriage to be a civil contract, all breaches or violations of which were proper subjects for the judiciary alone. The courts alone could hear the testimony of the parties, and they alone could render final judgment and decree for alimony, and determine which of the parties should have the care and custody of minor children. Al- though sixteen divorces were granted at this session, an act was passed at the succeeding session which practically
ELWOOD EVANS.
This pioneer lawyer was intimately associated with Governor Stevens for a time, and afterwards practised law in Olympia and Tacoma. He wrote and published a History of the Pacific Northwest, which contains a vast amount of-accurate-information.
C A P
· t
148
ZLATA OFFRIR ISE AND PROGRESS
miton motor 9te-tosk f& thhohen mumber, on was divided into two ward le juments, and one of ten room ud was heated by a large boy Army wwl each stove was enclosed A loop the patients from being burned JE Juno me by ji ser in size, contained a kitchen 001 y 00-80% foy the male and female patient Trashim Manos were removed to these building Whom they are Trudy for their reception.
Mgr so the same Plekering arrived in the territory, unhappy bmwerro! people hind usually applied to the legislature for oFogo, At niaily érery selsiun, one or more acts had I want imdying wives Trum wubands, or husband To sit mod de divorce fratres had been particularl be Hy procoding somene, at one of which (Ser grymteen much sele had been passed. na my governun, bad declaimed against My boyant message he sent to the legis IM bo! no amention was paid to his Pickering renewed pointing out that It las kowylind manage to be a civil contract, all breache. It vudetens of which were proper subjects for the judiciary com. The runr afine could hear the testimony of the parnes and Rey alone could vender final judgment and dedice for slinay, wodi dermine which of the parties should have the cor und commonly af minor children. Al- thoughe sixteen divorces were hammed at thuis session, an act was posted at the succeeding se for which practically
t
OF AN AMERICAN STATE
149
committed the granting of divorces to the courts, and the practice of applying to the legislature was discontinued.
The organic act, which was in effect the constitution of the territory, provided that all acts of the legislature should be submitted to Congress for its approval, before they should become effective, but in 1864 a change was made, by which approval by the governor was required. Most of the acts passed by the succeeding legislature in the winter of 1864-65 were approved or vetoed by Elwood Evans, who had succeeded Turney as secretary in 1862, and was acting governor much of the time. Some were approved by the governor himself, and at least one was vetoed by him. This was "an Act to Incorporate the Skaget [sic] River Log-Driv- ing Company, for the Purpose of Removing Obstructions to Driving or Floating Logs Down the Skagit River." The governor's exceptions to it were that it gave the incorpora- tors authority to build booms, impound logs and charge 75 cents per thousand feet therefor, while it did not require them to make the improvements described in the title of the act at any specified time or ever. The price they were authorized to charge, the governor regarded as exorbitant, and he entered into a computation to show that, according to the estimates of those who were supposed to know most about the standing timber along the banks of the Skagit, within two miles on either side of it, all of which would ultimately be floated down to these booms, there were ap- proximately eight billions of feet. The act, therefore, gave the incorporators power to tax the lumber industry of the Skagit region six million dollars, if the timber should all be cut away within twenty years .*
*House Journal, Session of 1864-65, p. 232.
150
THE RISE AND PROGRESS
In the winter of 1859-60, the legislature amended and elaborated the general, civil, criminal and probate practice acts, and also the act regulating the practice in justice courts. As Judge Chenoweth, who had now retired from the bench, was a member of the lower house, and chairman of its judiciary committee during this session, these acts were doubtless largely the result of his efforts. They were again revised and amended at the session of 1862-63, when Thomas M. Reed was speaker of the House, and the judi- ciary committee was composed of Messrs. Frost, Potter, Hubbs, Eagan and Andrews.
These early legislatures were composed for the most part, of men unlearned in the law, and in some degree at least, unfamiliar with books. They were men accustomed to work with their hands rather than their heads, though they were by no means lacking in intelligence. Most of them, if not all, belonged to that class which Mr. Lincoln so firmly relied upon, and so often described as "the plain people." There were always lawyers among them, like John M. Chapman, D. F. Brownfield, D. R. Bigelow, Gilmore Hays, F. A. Chenoweth, H. G. Struve, John J. McGilvra and later O. B. McFadden, but the majority were men who were but little familiar with legal forms or parlia- mentary methods. And yet their work compares favorably with that done by earlier legislatures in any of the older states and territories. They chartered some railroads that were never built, passed many acts to legalize the acts of their neighbors in office, whose inexperience had led them to make many blunders, also many private laws, authorizing individuals to build bridges or establish ferries, and incor- porated several companies for various purposes, to which far more liberal powers were granted than would have been
151
OF AN AMERICAN STATE
given had the legislators more fully comprehended the scope and meaning of what they did. But there appears to have been no suspicion at that time that any vote for these measures was cast from an improper or sordid motive. No member was charged with corruption, nor were the sessions much disturbed by lobbyists. Some curious laws were passed, and some that now seem entirely frivolous. One of these was passed January 6, 1863, and was entitled “an Act to Prevent the Depreciation of United States' Legal Tender Notes. "
No general incorporation law was passed until 1866. Previous to that time all sorts of societies and companies had been chartered by special enactment. During the session of 1858-59, lodges of the Sons of Temperance were incorporated at Olympia, Steilacoom, Monticello, Van- couver, Tumwater and Grand Mound. At the preceding session, the Steilacoom Literary Association of Washington Territory, and the Olympia Musical Association were incorporated. Some of the Masonic and Odd Fellows lodges and some churches also applied for and were given corporate authority. The Seattle Library Association was incorporated in 1859-60, and the Washington Fire Engine Company No. I of Walla Walla, in 1865. A com- pany to supply gas to the city of Lewiston was chartered in 1863, and one to lay water-pipes in Seattle, in 1865.
When Ex-Delegate Cole received notice of his appoint- ment as governor, he went immediately to Olympia, and assumed his office, without waiting for the approval of the Senate. This was never given, as the Senate in the winter of 1866-67 was not approving President Johnson's nomina- tions, until a majority of its members were fully convinced that they were in every way unobjectionable. They never
152
THE RISE AND PROGRESS
became convinced of Cole's fitness, though he held the office until several other appointees were, like himself, rejected.
Finally General Marshall F. Moore of Ohio was appointed and confirmed. Moore had entered the army early, and had won distinction, first with McClellan in West Virginia, and afterwards in the Army of the Cumberland. He had been in the battles of Rich Mountain, Shiloh and Chicka- mauga, and had been severely wounded at Missionary Ridge. He was with Sherman until Atlanta fell, and had been made a brigadier for gallantry shown in the fight at Jonesboro. His wounds had finally compelled his retirement from the service, when he was given the brevet rank of major-general. He was a man of much ability, and his message sent to the legislature in December 1867, only a few months after his arrival in the territory, showed that he had made a pains- taking study of its resources and the requirements necessary for their development. In it he noted the progress of settle- ment, as shown by the reports from the land offices at Olym- pia and Vancouver, and the profitable employment of the people evidenced by the increase in the variety of their occupations, and the development of new transportation facilities, as well as by the enlarged volume of product. The lumber manufactured on the Sound alone now amounted to more than four hundred million feet annually. The people of Walla Walla County, although numbering only forty-five hundred, had produced during the year nearly one and a quarter million bushels of grain, besides other products, and a large amount of stock. New steamboat lines had begun operations on the Chehalis and Cowlitz rivers, thus opening up their rich valleys to settlement, and furnishing an outlet for their surplus produce. The grand project of connecting the Great Lakes with the Sound had
153
OF AN AMERCIAN STATE
"assumed tangible shape," and the speedy completion of a railroad over the route which Stevens had surveyed had become "almost a certainty."
He also pointed out that two treaties had been made by the general government since the last meeting of the Terri- torial Assembly, that were likely to be of advantage to all the people of the coast. One of these was a treaty of reci- procity with the Sandwich Islands, which had not yet been ratified, but, if ratified, would permit the sugar and other products of the islands to be delivered to us at greatly reduced prices, while the demand for our lumber would be increased. The other was with the Russian government, and by it we had secured Alaska. This acquisition had given Wash- ington "a comparatively central position with respect to our entire possessions on the slope," and added materially to her geographical importance. "This extension of the national boundaries," the governor said, "will give a new impetus to the commerce of the northern Pacific, and open a new market to our productions. The change in the nationality of that part of the Pacific Coast will have the effect, also, of stimulating the whale and cod fisheries in that region. In these fisheries our people have a direct interest, since, in the nature of things, the fleets engaged in them must draw their supplies largely from our territory, and establish depots in our waters."
The governor did not apparently know, and most people do not yet know, that the interest of our national government in Alaska was awakened by a memorial adopted by the legislature of Washington Territory, in January 1866. But that this is the fact we have the testimony of Senator Sumner, who was then chairman of the committee on foreign relations of the Senate. In his speech in support of the ratification
154
THE RISE AND PROGRESS
of the treaty, he quotes this memorial, saying that previous to its reception the subject of the fisheries along the northern coast, their probable importance, and the prospect of their cession by the Russian government to a fishing monopoly, had been the subject of casual remark in Washington, and that this memorial arrived at an opportune time. It was addressed to the president, and so called his attention and that of Secretary Seward, and other members of the cabinet, to the wealth and importance of the fisheries on the Alaskan coast, and really first suggested the desirability of acquiring that country from Russia.
This memorial was drawn by H. G. Struve, who was then a member of the House of Representatives, and chairman of its judiciary committee. His attention was turned to the matter by a man named McDonald, who was engaged in the fishing business at Seattle, and who, a year or two previously, had made a trip northward as far as the Russian possessions, where he had encountered great hardships, and had returned barely alive. So jealous was the fishing monopoly, which then ruled in that region, under its arrange- ment with the Russian government, that he had not been allowed to land, even for the purpose of getting water. The information he brought back in regard to the fish in those waters, and the value of the fishing industry, if arrangement could be made to admit American fishermen to its develop- ment, fixed Struve's attention, and the result was this memo- rial,* which led ultimately to the treaty of cession, and the acquisition of a country which many wise statesmen of the time believed to be valueless, but which for a score of years past has annually poured into our ports a trade of more
*Address by Judge Hanford at the memorial meeting of the bar of Seattle, after Judge Struve's death.
HENRY G. STRUVE.
Author of the memorial of the Washington legislature which led to the purchase of Alaska. He was born in the Grand Duchy of Oldenburg, November 17, 1836; came to California in 1853, and was admitted to the bar of that state in 1859; removed to Washington in 1860, where he engaged in newspaper work at Van- couver, and soon became district attorney, a position which he held for nearly four terms. He was several times a member of the legislature, and was secretary of the territory from 1873 to 1876, when he was appoint- ed commissioner to codify the laws of the territory. He then returned to the practice of law, as the head of the firm of Struve, Haines & McMicken, afterwards Struve, Hughes, Allen & McMicken, and continued in it until his death.
-
DO 818F AND PROCHES
-
u
Opu the no
-
1
1
1
It
et his attentiun .
:
1 t t not Maiscof the cabin.
Tre h id litmus ji Stove who was ives, and chairm acion vad turned wed, who was engay od who, a year or in as far as the Run pod greit hardsto jealous was the fishi wwwpwn, under it- arran: that he had not he TH of geting Water. T arvid to the fish in the wdwory, if arrangem Habermien to its devel the result was this mem Myary of celsion, and 10' wie statesmen of y Josh for & score of years yEts a trade of men lonexing of the bay
155
OF AN AMERICAN STATE
value than its entire original cost; which now sends out annually gold dust of greater value than that cost, and both the output of gold, and the value and profits of its commerce, are steadily and rapidly increasing.
It is interesting to note, now, how the members of the lower house at those several sessions of the legislature were apportioned. Under the organic act, the council always consisted of nine members, who were elected for three years, but the members of the lower house were elected annually, and their number for the first year was eighteen, which was to be increased from year to year as the population increased, but should never exceed thirty. During the earlier years, of course, and until after the close of the Indian war, there were no representatives from east of the mountains. After that time the apportionment was changed frequently, and sometimes at every session, and the changes made indicate, sometimes in a striking way, how settlement was progressing. For example, the apportionment made in 1857-58 gave Clarke County five members, Thurston six, Pierce three, Lewis two, Cowlitz and Wahkiakum two, while King, Island, Whatcom, Jefferson, Snohomish, Clallam (still officially spelled Clalm), Pacific, Walla Walla and Skamania had one each; in 1860-61, the representation of Clarke was reduced to four, that of Thurston to four, and Pierce to two, although it also had a member jointly with Sawamish County, while Jefferson was increased to two, and King and Kitsap gained a member between them; in 1861-62 Walla Walla was allowed three members, Thurston three, Pierce two, Kitsap two, Clarke three, while the counties of Idaho, Missoula, and Nez Perce were allowed one each, and Shoshone three; in 1863-64 Walla Walla was given five members, Thurston three, Pierce two, Kitsap two, Jefferson two, and a member
156
THE RISE AND PROGRESS
jointly with Clallam, while King had one, and one jointly with Snohomish; the apportionment of 1865-66 gave Walla Walla five, Clarke three, Pierce two, King two, Kitsap two, Jefferson two, and Stevens, Pacific, Chehalis, Mason, Lewis, Snohomish, Clallam, Island and Whatcom, one each, Klikitat and Yakima one jointly, and Cowlitz and Wahkia- kum one.
Sessions of the legislature were held every winter until 1867, after which, by an amendment of the organic act, adopted in response to a memorial setting forth that annual sessions were not necessary, they were held biennially. Under the law as amended, members of the Council were elected for four years, instead of three, and the representatives were chosen for a single session as before.
As is the case in all newly settled regions, the competition between aspiring towns to secure the location of the institu- tions and public buildings provided for by the general govern- ment, or sure to become necessary, was keen and interesting from the beginning. This competition is usually carried on by the several contestants solely with a view to their own advantage, and with little regard to the considerations that should govern in such matters. The result is that the locations are made by combinations of votes from the places seeking to be benefited, or worse still by trading votes for measures more or less vicious, or that never should become laws, and schools and colleges, capitols, asylums and penal institutions are located anywhere but where they should be. Sometimes, where such a thing is possible, they are divided and partitioned among two or more places, and the bene- fits obtained are disappointing to everybody. Weak and relatively worthless institutions, and buildings that are neither creditable to the locality or the State result, where
157
OF AN AMERICAN STATE
monuments to the intelligence, liberality and civic pride of the people were not only intended but amply provided for.
The people of Washington had some narrow escapes from grave mistakes of this kind, and in some instances did not escape at all. The contest for the capital began earliest, and was soon complicated with that for other institutions, particularly the university and the penitentiary. Steilacoom and Vancouver, as well as Olympia, had aspired to be selected by the governor as the place for holding the first session of the legislature, but when Olympia was chosen they did not abandon hope. The organic act provided that the legislature might, at its first session or thereafter, locate the seat of government at such place as they might deem eligible, but the place should still be subject to change by the Assembly, and $5,000 was appropriated for public buildings at the place so chosen.
The people of Olympia and Steilacoom do not appear to have anticipated that an effort would be made to locate the capital, much less to locate it at some place other than Olympia, at the session of 1855. The Indian war had begun, and McAllister and Connell and Miles and Moses had recently been killed, when the legislature assembled. News of Lieutenant Slaughter's death was received about the time the legislators began to arrive at the capital. Most of the voters of Olympia were with Captains Hays and Eaton on White River, and most of those of Steilacoom with Captain Wallace. Those who had not enlisted were busily engaged, in both towns, with building stockades and preparing to defend the women and children who had flocked to them for protection. It is not surprising, therefore, that they showed so little interest in the capital question, that Mr. Denny
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.