USA > Wyoming > History of Wyoming, Volume I > Part 21
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state into the Union, after deducting all expenses incident to the same, shall be donated and paid to the said state for the purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irriga- tion of the agricultural land in the state, as its Legislature shall direct.
"Resolved, That a duly authenticated copy of the foregoing resolution be transmitted to the governor of the territory and that he stand requested to take the proper steps to obtain from Congress the above desired legislation.
"L. D. PEASE, "Speaker of the House of Representatives. "JOHN A. RINER, "President of the Council."
A copy of the memorial was sent to Joseph M. Carey, then the delegate in Congress, and through his influence a bill was introduced in the senate "to provide for the formation and admission into the Union of the State of Wyo- ming and for other purposes." A bill was also introduced in the house to enable Wyoming and certain other territories to form constitutions and state govern- ments. On February 27, 1889, the senate committee on territories reported the bill back to that body, and the house bill was also favorably reported by the committee on territories, but the session of Congress came to an end on the 4th of March and the bill failed to pass for lack of time to give it the necessary and customary consideration.
ACTION IN WYOMING
The people of Wyoming, firm in the belief that, had time permitted, the enabling act would have been passed, and equally firm in the belief that the next session of Congress would grant their request, determined to proceed as though the enabling act had passed. As a precedent for their action they followed the examples of Arkansas, California, Florida, Iowa, Kentucky, Maine, Michigan, Oregon, Vermont and Wisconsin, all of which states formed constitutions and secured their admission into the Union without enabling acts from Congress.
In 1889 there were ten organized counties in Wyoming. The boards of county commissioners in seven of those counties adopted resolutions "to put into opera- tion the election machinery under the laws of the territory, for the election of delegates to a constitutional convention and the submission of such constitution as may be presented by the said convention to the people of this county for ratification or rejection, if the governor, chief justice and secretary of the terri- tory shall in their wisdom see fit to take the initiatory steps under the provisions of said Senate bill for calling into existence a constitutional convention."
As the several counties adopted this resolution, the chairman of the board of county commissioners advised the governor, chief justice and secretary of the territory of such action, with the request that, "if other counties of the territory make similar pledges and requests, they shall divide the territory into districts. apportion the number of delegates to the several districts or counties, and do such other acts as may be necessary for the convening of such constitutional convention in manner and form as is provided by the terms of said Senate bill."
On June 3. 1889, resolutions of the above character having been received from the commissioners of a majority of the counties, the governor, chief justice
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and secretary of the territory met at the capitol in Cheyenne and divided the territory into districts for delegates to a constitutional convention in accordance with the terms of the Senate bill, viz., "upon the basis of the votes cast for delegate in Congress at the last general election, in each of which districts the number of delegates apportioned to such district shall be elected. The number of delegates to said convention shall be fifty-five."
The total number of votes cast for delegate in Congress at the general election in 1888 was 18,010. Governor Warren, Chief Justice Maginnis and Secretary Shannon divided the territory into ten districts, each county being made a district, and apportioned the number of delegates to each, after which Governor Warren issued the following
PROCLAMATION
"Whereas, The Territory of Wyoming has the population, material resources, public intelligence and morality necessary to ensure a stable local government therein ; and
"Whereas, It has never been deemed a violation of their duties as loyal citizens of the United States, for the people of a territory to form for them- selves a constitution and state government and to apply to Congress for admis- sion to statehood; and
"Whereas, On the 27th day of February, 1889, a bill, with amendments, entitled 'A bill to provide for the formation and admission into the Union of the State of Wyoming, and for other purposes,' was favorably reported to the Senate of the United States by the committee on territories; and a bill pro- viding, among other things, for the admission of the proposed State of Wyoming, having been reported favorably to the House of Representatives by a like com- mittee ; and many members of the house and Senate having expressed opinions favorable to such admission; and it thus being made evident that Congress is disposed to admit Wyoming as a state whenever a suitable constitution is adopted and a state government formed preparatory to admission; and
"Whereas, By the general expressions of the citizens thereof, the executive is convinced that a very large majority of the people of Wyoming are' desirous of forming for themselves a constitution and state government, and of being admitted into the Union, and of exercising the rights and privileges guaranteed to a free and loyal people under the Constitution of the United States; and
"Whereas, The boards of county commissioners of several counties in the territory have, by resolution, requested the governor to call a constitutional con- vention, and have requested the governor, chief justice and secretary of the territory to divide the territory into delegate districts, to apportion the number of delegates among the several districts, and to do such other acts as may be necessary for the convening of such constitutional convention in the manner and form provided by the terms of the said Senate bill ; and
"Whereas, The governor, chief justice and secretary of the territory, on this third day of June, 1889, did convene at the capitol in the City of Cheyenne, and did apportion the number of delegates among the several districts so established. upon the basis of the vote cast for delegate in Congress at the last general elec- tion, as follows, to wit :
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"I. The County of Laramie shall constitute the First District and shall elect eleven delegates.
"2. The County of Albany shall constitute the Second District and shall elect eight delegates.
"3. The County of Carbon shall constitute the Third District and shall elect eight delegates.
"4. The County of Sweetwater shall constitute the Fourth District and shall elect five delegates.
"5. The County of Uinta shall constitute the Fifth District and shall elect six delegates.
"6. The County of Fremont shall constitute the Sixth District and shall elect three delegates.
"7. The County of Sheridan shall constitute the Seventh District and shall elect three delegates.
"8. The County of Johnson shall constitute the Eighth District and shall elect three delegates.
"9. The County of Crook shall constitute the Ninth District and shall elect four delegates.
"10. The County of Converse shall constitute the Tenth District and shall elect four delegates.
"Now, Therefore, recognizing the superior and material advantages of a state government over our territorial system, and being desirous of carrying into effect the will of the people, I. Francis E. Warren, governor of the Territory of Wyoming, do issue this, my proclamation to the people of the territory, recom- mending that they take such action on their part as may be necessary to secure the admission of Wyoming into the Union of states ; and for this purpose I direct that an election be held throughout the territory, on the second Monday of July, 1889, for the election of delegates to a constitutional convention to convene at Cheyenne, the capital of the territory, at 12 o'clock, noon, on the first Monday of September, 1889, for the purpose of forming a constitution for the State of Wyoming, and for the purpose of submitting such constitution to the people thereof, for their ratification or rejection.
"I suggest that, in organizing a state government preparatory to admission, the provisions of the aforesaid Senate bill should be followed, as nearly as may be possible, and in pursuance thereof the following recommendations are hereby made :
"First. The number of delegates to such constitutional convention shall be fifty-five, apportioned among the several districts as hereinbefore set forth.
"Second. The delegates apportioned to each district shall be elected exclu- sively in that district.
"Third. Persons who are qualified by the laws of the territory to vote for representatives to the Legislative Assembly thereof are hereby authorized to vote for and choose delegates to such constitutional convention.
"Fourth. The qualifications for delegates to such constitutional convention shall be such as, by the laws of the territory, persons are required to possess to be eligible to the Legislative Assembly thereof.
"Fifth. Such election shall be conducted, the returns made, the result ascer- tained, and the certificates to persons elected to such convention issued, in the
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same manner as is prescribed by the laws of the territory regulating elections therein for delegate to Congress.
"Sixth. Since the advantages to be obtained by statehood will depend some- what upon the judicious action of the constitutional convention, it is desirable . that the delegates should be representative men, of character and ability, whose work will be satisfactory to Congress and beneficial to the people of the proposed State of Wyoming. The character and fitness of the delegates to be chosen is in fact of greater importance than the manner of their selection, and if the citizens of any county generally prefer to elect their delegates by some equitable method other than that hereinbefore prescribed, it is believed that the delegates so chosen will be recognized and admitted to seats in the convention.
"Seventh. The constitution formed by such convention shall be submitted to the people of the territory for ratification or rejection on the first Tuesday in November, 1889.
"Eighth. The convention should fix the per diem and mileage of its mem- bers and employees, and certificates of service and expenditure should be made by the officers of the convention and filed with the secretary of the territory, as Congress will, without doubt, follow its own precedents in providing for the payment thereof.
"In testimony whereof, I have hereunto set my hand and caused the Great Seal of the Territory of Wyoming to be affixed at Cheyenne, at the capitol, on this third day of June, in the year of our Lord, one thousand eight hundred and eighty-nine, and of the Independence of the United States of America the one hundred and thirteenth.
"FRANCIS E. WARREN.
"By the Governor, "SAMUEL D. SHANNON, "Secretary of Territory."
CONSTITUTIONAL CONVENTION '
The election for delegates to the constitutional convention was held accord- ing to schedule on July 8, 1889, when the following delegates were chosen in the several counties of the territory: Albany-M. C. Brown, William E. Chap- lin, S. W. Downey, George W. Fox, M. N. Grant, John W. Hoyt, John McGill and A. L. Sutherland. Carbon-C. W. Burdick, Robert C. Butler, J. A. Casebeer, J. C. Davis, George Ferris, George C. Smith, W. N. Strobridge and Charles L. Vagner. Converse-M. C. Barrow, J. K. Calkins, W. C. Irvine and De Forest Richards. Crook-Frank Meyer, Thomas H. Moore, R. H. Scott and Joseph L. Stotts. Fremont-Noyes Baldwin, D. A. Preston and H. G. Nick- erson. Johnson-Charles H. Burritt, H. S. Elliott and John M. McCandlish. Laramie-George W. Baxter, A. C. Campbell, Henry G. Hay, John K. Jeffrey, James A. Johnston, E. S. N. Morgan, Caleb P. Organ, Charles N. Potter, Thomas R. Reid, John A. Riner and H. E. Teschemacher. Sheridan-Cornelius Boul- ware, Henry A. Coffeen and William N. Robinson. Sweetwater-Asbury B. Conaway, Mark Hopkins, Herman F. Menough, Louis J. Palmer and Edward J. Morris. Uinta-C. D. Clark, C. W. Holden, F. M. Foote, Jonathan Jones, Jesse Knight and John L. Russell.
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The convention met at noon on Monday, September 2, 1889, and a temporary organization was effected by the election of Henry S. Elliott of Johnson County, chairman, and John K. Jeffrey of Laramie County, secretary. Melville C. Brown of Albany County was chosen president of the convention and John K. Jeffrey was elected permanent secretary. Governor Warren's suggestion that the dele- gates ought to be men "of character and ability" seems to have been generally followed by the districts in electing delegates. In the convention were two ex-governors, one ex-secretary of the territory, three had held the office of United States attorney, one the office of territorial auditor, one was afterward elected governor of the state, one became United States senator, and four occu- pied seats upon the Supreme bench of Wyoming.
The constitution was completed on the last day of September, 1889, and was signed by forty of the delegates, the other members of the convention having been obliged to return to their homes before the final adjournment. John A. Riner, Clarence D. Clark, John W. Hoyt, Henry S. Elliott, William C. Irvine, Henry A. Coffeen, H. G. Nickerson, J. A. Casebeer, E. S. N. Morgan and Louis J. Palmer were appointed a committee to prepare a memorial on behalf of the convention for presentation to Congress, urging the passage of an act admitting Wyoming to statehood. On November 5, 1889, at an election held for the pur- pose, the constitution was submitted to the people. It was a cold, snowy day and a light vote was polled, but five-sixths of the votes cast were in favor of ratifying the constitution. The committee appointed by the convention then pre- pared a memorial setting forth all the facts in the case, which memorial was presented to Congress by Joseph M. Carey at the beginning of the ensuing session in December.
In the meantime the constitution had been favorably commented on by the press of the country, particularly the clause giving the right of suffrage to women, and it had received encomiums from eminent statesmen and publicists, among whom were George W. Curtis, editor of Harper's Weekly, and William E. Glad- stone, at that time Great Britain's premier. Through these favorable comments and encomiums the members of Congress were generally well acquainted with the provisions of the constitution before they were called upon to act in their official capacity for the admission of the new state. Joseph M. Carey, then the delegate in Congress, worked early and late to secure the passage of the bill admitting Wyoming into the Union. The bill finally passed both houses early in July, 1890. On the 9th of that month S. W. Downey and H. V. S. Groesbeck telegraphed their congratulations to Mr. Carey upon the successful termination of his efforts, and the following day they received this reply :
"Washington, D. C., July 10, 1890.
"Accept thanks for congratulations. The people of Wyoming have won a great victory. The President made Wyoming a state at 5:30 this afternoon. "J. M. CAREY."
ACT OF ADMISSION
The act approved by President Harrison at 5:30 P. M., July 10, 1890, under which the State of Wyoming was admitted into the Union, consists of twenty-one sections, introduced by the following preamble :
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"Whereas, The people of the Territory of Wyoming did, on the 30th day of September, 1889, by a convention of delegates called and assembled for that purpose, form for themselves a constitution, which constitution was ratified and adopted by the people of said territory at the election held therefor on the first Tuesday in November, 1889, which constitution is republican in form and is in conformity with the Constitution of the United States ; and
"Whereas, Said convention and the people of said territory have asked the admission of said territory into the Union of states on an equal footing with the original states in all respects whatever ; therefore, be it enacted," etc.
"Section 1. That the State of Wyoming is hereby declared to be a state of the United States of America, and is hereby declared admitted into the Union on an equal footing with the original states in all respects whatever; and that the constitution which the people of Wyoming have formed for themselves be, and the same is hereby, accepted, ratified and confirmed."
Section 2 defines the boundaries, which are the same as at the present time ; section 3 fixes the representation in Congress as two senators and one member of the House of Representatives; section 4 sets apart the sections of land num- bered 16 and 36 in each township for the support of a public school system; section 5 relates to the same subject ; section 6 grants "fifty sections of the unap- propriated public lands within the state for the purpose of erecting public build- ings at the capital," etc. ; section 7 donates 5 per cent of the proceeds of all sales of public lands within the state to the school fund; sections 8 to 11 relate to the land grants under previous acts of legislation, for the penitentiary, fish hatchery and agricultural college, etc., to-wit: For the insane asylum in Uinta County. 30,000 acres; for the penal, reform and educational institution in course of construction in Carbon County, 30,000 acres; for the penitentiary in Albany County, 30,000 acres : for the fish hatchery in Albany County, 5,000 acres; for the deaf. dumb and blind asylum in Laramie County, 30,000 acres ; for the poor farm in Fremont County, 10,000 acres; for the miners' hospital, 30,000 acres ; for public buildings at the capital, 75,000 acres; and for the state charitable, penal and reformatory institutions. 260,000 acres, making a total of 500,000 acres in addition to the specific land grants already mentioned. The act also contains a provision that none of the lands granted should be sold for less than ten dollars an acre.
The next three sections prescribe the manner in which all lands granted to the state should be selected. Section 15 appropriated $3,000 to defray the expenses of the constitutional convention. Sections 16, 17 and 18 provide for the estab- lishment of a United States District Court for Wyoming, and fix the time and place of holding terms of the United States District and Circuit courts. Section 19 relates to the election of United States senators, and the last two sections authorize the territorial officials to remain in office until a state election could be held, and declare that the laws of the United States shall apply to the State of Wyoming.
CELEBRATING THE EVENT
Almost as soon as news of the passage of the act of admission reached Chey- enne, preparations were commenced for a proper observation of the victory that had been gained by the people of Wyoming. July 23. 1890, was selected
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as the date, and invitations were sent to all parts of the state, asking the citizens to join in the demonstration. The celebration began with a parade at 2 o'clock in the afternoon. At the head of the procession was the Seventeenth Infantry Band and a detachment of troops from Fort D. A. Russell. The second division was led by the Union Pacific Band and the Wyoming National Guard. One fea- ture of the parade was both novel and instructive. On a large float, handsomely decorated, were forty-two young women, representing the forty-two states of the Union. Immediately behind the float came a small carriage drawn by two diminutive Shetland ponies. In the pony carriage were three little girls-Grace Cowhick, representing the Goddess of Liberty; Frankie Warren, representing the State of Wyoming ; and a little Miss Elliott, representing the State of Idaho. These two states had both been recognized by Congress, but had not yet been vested with the full powers of statehood. The tableau seemed to say to the occupants of the float in front: "You may look down upon us now, but we shall be on the big wagon by and by."
In front of the capitol a grandstand had been erected and here Governor Warren presided over the exercises. Mrs. Theresa A. Jenkins was the first speaker. She reviewed the struggle in behalf of woman suffrage, which had been incorporated in the constitution, and in concluding her address said: "Bar- tholdi's statue of Liberty Enlightening the World is fashioned in the form of a woman and placed upon a pedestal carved from the everlasting granite of the New England hills ; but the women of Wyoming have been placed upon a firmer foundation and hold aloft a more brilliant torch."
At the conclusion of Mrs. Jenkins' address, Mrs. Esther Morris, who has been called "the mother of woman suffrage in Wyoming," presented to the State of Wyoming a fine flag, bearing forty-four stars, which was accepted by Governor Warren, as chief executive, in a few well chosen words, after which the two bands and the entire audience of some six thousand persons joined in rendering "The Star Spangled Banner."
Mrs. I. S. Bartlett was then introduced and read an original poem, entitled "The True Republic," which is here reproduced in full.
THE TRUE REPUBLIC
The first republic of the world Now greets the day, its flag unfurled To the pure mountain air ; On plains, in canyon, shop and mine, The star of equal rights shall shine From its blue folds, with light divine- A symbol bright and fair. The flashing presence of today Startles our ancient dreams away. Wrapped in her shadows dim Old memory flees; with vivid glance Today uplifts her shining lance ; Her arm is might, her brow is light, Her voice a thrilling hymn.
Vol. I-13
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Shine on, oh star! No flag of old, No standard raised by warrior bold In all the days of yore, For chivalric or kingly claim, For honor bright or woman's name, Has ever shone with brighter flame Than peerless forty-four.
Fair state of honor-Freedom's pride, There's none in all the world beside That wears so rich a gem. A commonwealth where all are free, Where all find true equality,
First in the world, the world shall see 'Tis Freedom's diadem.
The battle's fought, the battle's won, With thankful hearts we say "Well done" To all our champions brave. No carnage marked the earnest fight,
But souls aflame and nerved with right
Urged on the conflict day and night, Our statehood cause to save.
God bless our State! Nature réjoices, too ; our mountains high Above the clouds are touched with brighter light ;
A new charm fills the overarching sky And thrills earth's denizens with visions bright.
God bless our State! The geysers throw their splendid watery plumes Still higher in their ancient wonderland. The restless mountain torrent frets and fumes More loudly on its journey to the strand.
God bless our State! The very air with new, fresh life is stirred. The free, exultant birds more sweetly sing, And Nature's changing voices ever heard Unto our souls new happiness shall bring.
God bless our State!
Where'er her mighty rivers swiftly run, Where'er her mountain peaks shall pierce the sky, Where'er her plains sweep to the rising sun, And peaceful valleys in the shadows lie.
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God bless our State! Its new career begun, let all rejoice, And man and woman, hand in hand, as one With energies of body, heart and voice Make it a happy land where all may come.
If we look within the future, our prophetic eyes can see Glorious views unfold before us, of joy, wealth, prosperity,
We can see the sons of Science, Music, Poetry and Art Coming to our grand dominion, in our growth to take a part.
We can see the iron monster, rushing fiercely to and fro, We can see the sky o'erspread with smoke from furnaces below.
We can see Wyoming's mountains giving up their hidden stores, Tons on tons, by millions pouring, of the base and precious ores.
See her towns and cities rising where the bison used to roam, And along her streams and valleys many a farmer's peaceful home.
We can see great halls of learning, well endowed and nobly planned, Monuments of taste and culture for the children of our land.
We can see the spires of churches, pointing upward to our gaze ; Chiming bells, harmonious sounding, calling us to prayer and praise.
See the plains, now dry and barren, where the sage or cactus grows, Desert plains, no longer barren, then shall "blossom like the rose."
Thirsty lands, no longer thirsty, filled with moisture wisely stored, Bounteous to the happy farmer, noble harvests will afford.
Happy are Wyoming's people, happier will our future be, So we sing today with gladness, and we shout for victory.
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