USA > Wyoming > The history of Wyoming from the earliest known discoveries > Part 55
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"The Commanding General desires to express his com- mendation of the conduct of Captain Hayes and his party, in pushing to so creditable a termination a pursuit which at times would have discouraged officers and men of less en- ergy and enterprise."
There were stirring times at Fort Steele all through 1869 and for some years following. These events will be detailed in the next volume of this history
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The Territory of Wyoming.
CHAPTER XLII.
THE TERRITORY OF WYOMING. 1868.
THE BUILDING OF THE RAILROAD NECESSITATESJ A GOVERNMENT-THE NAME WYOMING AND ITS ORIGIN-THE FIRST BILL IN CONGRESS- DR. HIRAM LATHAM SENT TO WASHINGTON AS AN AGENT OF THE PEOPLE-CIRCULAR DISTRIBUTED AMONG THE SENATORS AND MEM- BERS OF THE HOUSE OF REPRESENTATIVES-BILL PASSES THE SEN- ATE-DIFFICULTIES ENCOUNTERED IN THE HOUSE-IT WAS FINALLY PASSED AND SIGNED BY THE PRESIDENT-TERRITORIAL OFFICERS NOMINATED BY PRESIDENT JOHNSON BUT NOT CONFIRMED BY THE THE SENATE-BILL DELAYED UNTIL GEN. GRANT BECOMES PRESI- DENT-THE ACT ORGANIZING THE TERRITORY.
The building of the Union Pacific made it necessary that a new territory be formed out of parts of Dakota, Utah and Idaho. This country was remote from the capitals of all the territories mentioned and when settlement along the line of the Railroad was commenced public policy demanded a government for the use and benefit of the settlements. As soon as the line of the Union Pacific was located, far seeing and interested citizens commenced the movement which fin- ally resulted in the organization of a territory carved out of those whose names I have mentioned. The first bill intro- duced into Congress having this object in view was pre- sented by Ashley of Ohio in 1865, who named his proposed territory "Wyoming". But his bill failed to become a law .* There has been much discussion, for a number of years, as to who first applied the name Wyoming to this section of country. Leigh Richmond Freeman, of the state of Wash-
*Congressman J. M. Ashley was not so anxious to create the new Territory of Wyoming as he was to reduce the holdings of the Mormons. His plan was to extend the boundary of Colorado west on a line with the present western boundary of Wyoming and to extend Idaho south to the present southern line of this state and to create the Territory of Wyoming on the present bound- ary line. This would have reduced the Territory of Utah more than one-third. Many congress- men at that time were anxious to crush Brigham Young and his church.
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ington, makes the claim that he, in the spring of 1866, while en route from Fort Kearney, Nebraska, to Fort Laramie to attend a Peace Conference, wrote a letter for publication to his paper and dated this correspondence "Third Crossing of Lodge Pole Creek, Wyoming Territory." This, he says, was the first time the name was applied to the "southwest- ern half of Dakota." Mr. Freeman was at that time publish- ing the "Pioneer Index" at Fort Kearney. This paper was afterwards published at Fort Sanders and when Laramie was started it was moved to that town. Afterwards the paper was located at Bear River. It has been stated that Congressman Ashley originated a bill in 1865 in which this name was used. I get this from the works of Hubert Howe Bancroft.
Freeman undoubtedly did more to popularize the name, Wyoming, than any other man. He had numerous articles in his "Pioneer Index" advocating the name and there is no doubt that such editorial work had its effect on the people in this country and those who afterwards inserted the name in the bill creating Wyoming Territory. This editor says: "The word Wyoming was taken from Wyoming Valley, Pennsylvania, rendered famous from Campbell's beautiful poem, 'Gertrude of Wyoming.'
"The word means 'Mountains with valleys alternating.' Or, as we construed it: 'Here God has bent down the backs of His mountains for man to make his habitations.' "
Of the name and its meaning, Charles Miner, writing in 1845, says:
"The name Wyoming was long supposed to mean, being interpreted, 'A Field of Blood;' but Mr. Heckewelder, per- fectly versed in Indian language, to the inquiry of Mr. Chap- man, replied: 'Wyoming is a corruption of Maughwau- wama, by which it was designated by the Delaware Indi- ans, being a compound of maughwau, meaning large, and wama, signifying plains; so that it may be translated, "The Large Plains".' "
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Wyoming .- Name carried to the West by emigrants from the Wyoming Valley of Eastern Pennsylvania in its native location, the word derived from the Delaware ex- pression m'cheuomi or m'cheuwami, meaning "great plain." -From U. S Curious Facts, by Malcolm Townsend.
The first man to go east in behalf of Wyoming Territory was John B. Wolff. He stirred up the politicians, talked around the hotels at Washington and talked to members of Congress when opportunity offered. Wolff was a man of no ordinary ability but he had the misfortune of talking too much. When he commenced to interview a member of Con- gress it was absolutely impossible for him to let go his vic- tim. I chanced to meet this man of the mountains in the early part of 1868, I think it was at the National Hotel in Washington, and heard him talk about the possibilities and probabilities of this fair territory. He was an interesting character and once seen would never be forgotten, but he was not a good lobbyist for the reason that he was regarded as a "bore." The next man from Wyoming to put in an ap- pearance at Washington was Dr. Hiram Latham, who was sent to the capital by the people interested in the organt- zation of the territory. This man was quite different from Wolff. He had great discretion, was well educated, had good command of language, could answer questions without using unnecessary words; in short he was a man of ability. He had been at Washington only a few days when the pro- posed territory became something more than a shadow and members of Congress began to feel that there was need of a temporary government in this part of the country. Dr. Latham, soon after his arrival, issued the following circular which he politely handed to senators and members of the House of Representatives with the request to read it at such times as opportunity offered :
WYOMING.
To the Honorable Members of the Senate and the House of Representatives:
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History of Wyoming.
The people of Western Dakota have commissioned the undersigned to express to the Members of both Houses of Congress their earnest desire for a separate territorial gov- ernment. The following are some of the facts and reasons that render the measure both desirable and necessary:
There are now 35,000American citizens within the limits of the district called Wyoming. That district embraces 110,000 square miles, and is nearly twice the size of any state east of the Mississippi. Its eastern boundary is about 300 miles from Yankton, the capital of Dakota, and nearly one half of the people reside more than 1,200 miles from that capital. The Union Pacific railroad is now finished for a distance of 250 miles within the limits of Wyoming, and by November next the cars will be running on that road across the Territory from east to west, a distance of nearly 500 miles. The facilities afforded by the Pacific Railroad for reaching Wyoming, the exhaustless mines of gold, silver and copper with which the territory abounds, its mountains of iron and thousands of square miles of coal lands, its mil- lions of acres of unequaled pasturage, and the salubrity of the climate, are now attracting to that district of country a vast throng of enterprising people.
It is confidentially believed that in one year from this time Wyoming will have a population of 60,000 white people, nearly all American citizens. Cheyenne the principal town in the Territory, has now a population of more than 5,000 souls, and it is not yet a year old.
The people of Wyoming are practically without gov- ernment and without law. Vigilance committees usurp the functions of the courts, and the only restraint upon the evil- disposed is the fear of violence at the hands of those self- constituted tribunals. While the public lands remain un- surveyed, permanent improvement will not and cannot be made. For the people and for the Pacific Railroad there is a great and constantly increasing necessity for an early sur- vey of the lands along the line of said road.
The people of Wyoming earnestly desire and respect- fully ask that the Senate bill establishing a Territorial gov- ernment for them may become a law at this session of Con- gress.
H. LATHAM, Agent For the People of Wyoming.
-
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It will be observed that Mr.Latham used the name Wyo- ming in his circular, and from this it is only fair to presume that the people who sent him to Washington were in favor of this name. The Doctor succeeded in making friends, and in due time the bill organizing the territory was introduced in the Senate and took its regular course and passed early in June. On the 29th of this month it was discussed by the Committee on Territories of the House. Dr. Latham was given a patient hearing and when the committee adjourned they agreed to report the bill favorably. The friends of the bill were delighted with the successful progress that had been made and felt certain that within a few days the House would create the new territory. Dr. Latham waited patiently for the next act in the drama but much to his sur- prise he was told some time later that Congress would ad- journ during July and that there would not be time to take up the Wyoming matter. This was discouraging, but the friends who had been faithful to the measure were induced to make another effort to bring the bill before the House and the Committee on Territories was urged to make a report, and this it did on the 22nd of July. On the 25th the bill came up and an amendment was offered changing the name to the Territory of Lincoln but it was promptly voted down. A second amendment was offered changing the name to the Territory of Cheyenne. This was also voted down. This was followed by the passage of the bill and the same day President Andrew Johnson affixed his signature and the Territory of Wyoming was an accomplished fact.
There was great rejoicing in Cheyenne, Laramie City and other points beyond the line of the railroad. The Presi- dent, anxious to have the territory fully organized, appoint- ed territorial officers and sent them to the Senate on the identical day he affixed his signature to the bill. The Senate and President were not in accord and that body was not willing to confirm nominations of his making. Going back to the executive records, Vol. 16, I find the following entries:
-(40)
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History of Wyoming.
Under the date of July 25th, 1868, A. S. Paddock of Nebraska to be Governor of Wyoming. Referred to Com- mittee on Territories. Reported adversely. Confirmed. Re- considered and laid on the table.
Jacob W. Caldwell, to be Register of Lands at Chey- enne. Referred to Public Lands Committee. Reported favorably. Ordered to be laid on the table.
Omar F. Roberts of Indiana to be Secretary. Referred to Committee on Territories. Reported adversely and re- jected.
Under date of January 1, 1869, are the following en- tries :
Matthew F. Pleasants for Governor. Referred to Com- mittee on Territories.
Henry M. Slade of Ohio to be Secretary. Referred to Committee on Territories.
Edward P. Johnson, for United States Attorney. Re- ferred to Committee on Judiciary.
Smith P. Young for United States Marshal. Referred to Committee on Judiciary. Reported and recommended to lie on the table.
Henry Z. Zaner for Chief Justice Supreme Court. Re- ferred to Committee on Judiciary. Reported with recom- mendation that it lie on the table.
John H. Howe for Assistant Justice. Referred to Com- mittee on Judiciary. Reported and recommended that it lie on the table.
Wm. F. Pidgeon, for an Associate Justice. Referred to Committee on Judiciary. Reported with recommendation that it lie on the table.
S. K. N. Patton of Tennessee for Register of Lands. Re- ferred to Committee on Public Lands.
Lemuel Jefferies of Maryland for Receiver of Land Office. Referred to Committee on Public Lands.
Wm. E, Mathes, of Tennessee, for Surveyor General. Referred to Public Land Committee . Reported and laid on the table.
On the 7th are the following :
Hiram Latham for Surveyor General. Referred to Com- mitte on Public Lands.
George A. Hawley for Receiver of Land Office. Referred to Committee on Public Lands.
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The Territory of Wyoming.
Thus matters stood until March 4th, 1869 when General U. S. Grant became President. Among the early acts of his administration was the appointment of the officers of the Territory of Wyoming and these were promptly confirmed by the Senate.
The full and complete equipment of the territory was heartily appreciated by those who had taken up here a per- manent residence. The act providing a government seemed to these residents the beginning of all things and never was there a people who considered themselves more fortunate. The building of the railroad had brought cities, towns and prosperity and the organization of the Territorial Govern- ment brought with it law and order. There were public rejoicings and an earnest effort made to bring additional prosperity to the mountains and valleys that comprise Wyo- ming.
The names of the officers appointed by President Grant and the final organization of the territory are matters which will be discussed in the second volume of this history. The bill as it was passed by Congress will be found below.
ORGANIC ACT OF WYOMING.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled :
That all that part of the United States described as fol- lows: commencing at the intersection of the twenty-seventh meridian of longitude west from Washington with the forty- fifth degree of north latitude, and running thence west to the thirty-fourth meridian of west longitude; thence south to the forty-first degree of north latitude; thence east to the twenty-seventh meridian of west longitude; and thence north to the place of beginning, be, and is hereby, organized into a temporary government by the name of the Territory of Wyo- ming; Provided, That nothing in this act shall be construed to impair the rights of persons or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians; Provided, further, That nothing in this
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act contained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such manner and at such time as con- gress shall deem convenient and proper, or from attaching any portion thereof to any other territory or state.
Sec. 2. And shall it be further enacted, That the ex- ecutive power and authority in and over said Territory of Wyoming shall be vested in a governor, who shall hold his · office for four years, and until his successor shall be appoint- · ed and qualified, unless sooner removed by the President of the United States, with the advice and consent of the senate. ' The governor shall reside within said territory, shall be com- mander-in-chief of the militia thereof, shall preform the · duties and receive the emoluments of superintendent of In- · dian affairs, and shall approve all laws passed by the legis- : lative assembly before they shall take effect, unless the · same shall pass by a two-thirds vote, as provided in section six of this act; he may grant pardons for offences against the laws of the United States, until the decision of the presi- dent can be made known thereon: he shall commission all officers who shall be appointed to office under the laws of said territory, and shall take care that the laws are faith- fully executed.
Sec. 3. And be it further enacted, That there shall be a secretary of said territory, who shall reside therein and hold his office for four years, unless sooner removed by the President of the United States, with the consent of the sen- ate; he shall record and preserve all the laws and proceed- ings of the legislative assembly hereinafter constituted and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings on or before the first day of December in each year to the President of the United States, and, at the same time, two copies of the laws to the speaker of the house of representatives and the president of the senate, for the use of congress; and in case of the death, removal, resignation, or other necessary absence of the gov- ernor from the territory, the secretary shall have, and he 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 governor shall be appointed to fill such vacancy.
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The Territory of Wyoming.
Sec. 4. And be it further enacted, That the legislative power and authority of said territory shall be vested in the governor and legislative assembly. The legislative assem- bly shall consist of a council and house of representatives. The council shall consist of nine members, which may be in- creased to thirteen, having the qualification of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which may be increased to twenty-seven, possessing the same qualifications as prescribed for mem- bers of the council, and whose term of service shall continue. one year. An apportionment shall be made by the governor as nearly equal as practical among the several counties or. districts for the election of the council and house of repre- sentatives, giving to each section of the territory represen- tation in the ratio of their population, (excepting Indians not taxed), as nearly as may be, and the members of the council. and house of representatives shall reside in, and be inhabi- tants of, the districts from which they may be elected, re- spectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the sev- eral counties or districts or the territory to be taken, and the first election shall be held at such times and places, and be conducted in such a manner, as the governor shall ap- point and direct, and he shall, at the same time, declare the numbers of the council and house of representatives to which each of the counties or districts shall be entitled un- der this act. The number of persons authorized to be elect- ed having the highest number of votes in each of the said council districts for members of the council, shall be de- clared by the governor duly elected to the council; and the person or persons authorized to be elected having the great- est number of votes of the house of representatives, equal to the number to which each county or district shall be en- titled, shall be declared by the governor to be elected mem- bers of the house of representatives; Provided, That in case of a tie between two or more persons voted for, the gover- nor shall order a new election, to supply the vacancy made by such tie vote. And the persons thus elected to the legis- lative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place and manner of holding and conducting elections by the people, and the apportioning the representatives, ac-
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cording to the population, shall be prescribed by law, as well as the day of commencement of the regular sessions of the legislative assembly; Provided, That no one session shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer.
Sec. 5. And be it further enacted, That every male citizen of the United States above the age of twenty-one years and [including] persons who shall have declared their intention to become citizens of the United States, who shall have been a resident of the said territory at the time of the passage of this act, shall be entitled to a vote at the first election and all subsequent elections in the territory, and shall be eligible to hold any office in said territory; and the legislative assembly shall not at any time abridge the right of suffrage, or to hold office, on account of race, color, or previous condition of servitude of any resident of the ter- ritory; Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath before a competent court of record their intention to become such, and shall have taken an oath to support the constitution and government of the United States.
Sec. 6. And be it further enacted, [That] the legis- lative power of the territory shall extend to all rightful sub- jects of legislation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interefering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States, nor shall the lands or other property of non- residents be taxed higher that the lands or other property of the residents, nor shall any law be passed imparing the rights of private property, nor shall any unequal discrim- ination be made in taxing different kinds of property, but all property subject to taxation shall be taxed in propor- tion to its value. Every bill which shall have passed the council and the house of representatives of said territory shall, before it becomes a law, be presented to the governor of the territory. If he approves he shall sign it; but if not, he shall return it with his objections, to the house in which it originated, who shall enter the objection at large upon their journal and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections
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The Territory of Wyoming.
to the other house, by which it shall likewise be re-consider- ed; and if approved by two-thirds of that house it shall be- come a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays except- ed) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the as- sembly, by adjournment prevent its return, in which case it shall not be a law.
Sec. 7. And be it further enacted, That all township, district and county officers not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory. The governor shall nominate, and by and with the consent of the council, appoint all officers not herein otherwise provided for and in the first instance the governor alone may appoint all such officers, who shall hold their offices until the end of the first session of the legislative assembly; and he shall lay off the neces- sary districts for members of the council and house of rep- resentatives, and all other officers.
Sec. 8. And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission of appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the roverrment of said territory.
Sec. 9. And be it further enacted, That the judicial power of said territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of govern- ment of said territory annually, and they shall hold their offices for four years unless sooner removed by the presi- dent, with the consent of the senate of the United States. The said territory shall be divided into three judicial dis- tricts, and a district court shall be held in each of the said
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History of Wyoming.
districts by one of the justices of the supreme court, at such time and place as may be prescribed by law; and said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The juris- diction of the several courts herein provided for, both ap- pellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law; Pro- vided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction and authority for redress of all wrongs committed against the constitution or laws of the United States or of the territory, affecting persons or prop- erty. Each district court, or the judge thereof, shall appoint a clerk, who shall also be the register in chancery, and shall keep his office where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerks, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decision of said supreme court shall be al- lowed and may be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of property or the amount in controversy, to be as- certained by oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and the said su- preme and district courts of said territory, and the respec- tive judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the
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