USA > Wyoming > The history of Wyoming from the earliest known discoveries > Part 56
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The Territory of Wyoming.
trial of cases arising under the said constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Da- kota Territory now receive for similar services.
Sec. 10. And be it further enacted, That there shall be appointed an attorney for said territory, who shall con- tinue in office for four years, unless sooner removed by the president, with the consent of the senate, who shall receive the same fees and salary as is now received by the attorney of the United States for the Territory of Docotah [Dakota]. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner re- moved by the president, with the consent of the senate, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be en- titled to the same fees as the marshal of the district court of the United States for the present Territory of Dakota, and shall, in addition, be paid two hundred dollars annual- ly, as compensation for extra services.
Sec. 11. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney, and marshal shall be nominated, and, by and with the advice and consent of the senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid, shall, before they act as such, respectively, take an oath or affirmation before the district judge, or some justice of the peace in the limits of said territory duly au- thorized to administer oaths and affirmation by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States,. to support the constitution of the United States, and faith- fully to discharge the duties of their respective offices, which said oaths when so taken shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among the executive proceedings, and the chief justice, and associate justices, and all other civil officers in said ter- ritory, before they act as such, shall take a like oath or af- firmation before the said governor or secretary, or some
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judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affir- mation shall be certified and transmitted by the person taking the same, to the secretary, to be recorded by him, as aforesaid, and afterwards the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The governor shall re- ceive an annual salary of two thousand dollars as governor and one thousand dollars as superintendent of Indian af- fairs; the chief justice and the associate justices shall each receive an annual salary of twenty-five hundred dollars, and the secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be payable quarter- yearly at the treasury of the United States. The members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles' travel in going and returning from the said sessions, estimating the distance by the nearest traveled route. There shall be ap- propriated annually the sum of one thousand dollars, to be expended by the governor, to defray contingent expenses of the territory. There shall also be appropriated annually a sufficient sum, to be expended by the secretary, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental ex- penses; and the secretary of the territory shall annually ac- count to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.
Sec. 12. And it is further enacted, That the legislative assembly of the territory of Wyoming shall hold its first session at such time and place in said territory as the gov- ernor thereof shall appoint and direct; and at said session, or as soon thereafter as they may deem expedient, the gover- nor and legislative assembly shall proceed to locate and es- tablish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.
Sec. 13. And be it further enacted, That a delegate to the house of representatives of the United States, to serve during each congress of the United States, may be elected
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The Territory of Wyoming.
by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and priv- ileges as are exercised and enjoyed by the delegates from the several other territories of the United States in the said house of representatives. The first election shall be held at such time and places, and be conducted in such a manner, as the governor shall appoint and direct; and at all subse- quent elections the time, place, and manner of holding elec- tions shall be prescribed by law. The person having the greatest number of votes of the qualified electors as liere- inbefore provided, shall be declared by the governor elect- ed, and a certificate thereof shall be accordingly given.
Sec. 14. And be it further enacted, That sections num- bered sixteen and thirty-six in each town-ship in said ter- ritory shall be, and the same are hereby, reserved for the purpose of being applied to public schools in the State or States hereafter to be erected out of the same.
Sec. 15. And be it further enacted, That temporarily and until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for the said territory to the several districts, and also appoint the times and places for holding courts in the several counties or sub- divisions in each of said judicial districts by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize alter, or mod- ify such judicial districts and assign the judges and alter the times and places of holding the courts as to them shall seem proper and convenient.
Sec. 16. And be it further enacted, That the constitu- tion and all laws of the United States which are not locally inappplicable, shall have the same force and effect within the said Territory of Wyoming as elsewhere within the United States.
Sec. 17. And be it further enacted, That this act shall take effect from and after the time when the executive and judicial officers herein provided for shall have been duly appointed and qualified; Provided, That all general territorial laws of the Territory of Dakota in force in any portion of said Territory of Wyoming at the time this act shall take effect, shall be and continue in force throughout the said territory until repealed by the legislative authority
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of said territory, except such laws as relate to the posses- sion or occupation of mines or mining claims.
CHAPTER XLIII.
SOUTH PASS GOLD DISCOVERIES.
1842-1869.
A GEORGIAN MAKES THE FIRST DISCOVERY IN 1842-THIRTEEN YEARS LATER FORTY MEN ARRIVED AND MADE RICH DISCOVERIES-NEXT YEAR THEY ARE DRIVEN OUT OF THE COUNTRY BY UNITED STATES TROOPS-THE ATTEMPTS AT MINING FROM 1858 TO 1864-LIEUT. BROWN'S DISCOV- ERIES-MAJ. BALDWIN OUTFITS TWO PROSPECTORS-ORGANIZATION OF THE LINCOLN MINING DISTRICT-DISCOVERY OF THE CARISSA IN 1876-KILLING OF CAPT. LAWRENCE AND TONY SHIELDS BY INDIANS -MAD RUSH TO SOUTH PASS IN 1868-NUMEROUS RICH MINES DIS- COVERED THAT YEAR-ATTACK BY INDIANS-BUILDING OF SAW MILLS AND QUARTZ MILLS-DISCOVERIES OF 1869-MORE INDIAN DEPREDA- TIONS-MURDERS OF THE YEAR-PIONEERS OF THE CAMPS.
Two classes of men explored the Rocky Mountains; first came the trappers and fur traders, who richly rewarded themselves for the dangers and trials of a trapper's life. These men penetrated the mountain fastness, faced the sav- age tribes who inhabited the country, withstood the rigors of a climate that was severe in the extreme and finally made colossal fortunes for the men whom they served. When the business became unprofitable because of the destruction of fur-bearing animals, another class of men quite as cour- ageous as the trappers entered the country and commenced prospecting for gold. Five years previous to the great gold discoveries of California the precious metal was uncovered in the South Pass country. The editor of the Sweetwater
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South Pass Gold Discoveries.
Miner, in his issue of March 24, 1869, rescues from oblivion a scrap of history which appears to be authentic; at least Rossiter W. Raymond, who made a geological survey of the Sweetwater country that same year, included this newspaper article in his official report, and to that extent indorses the story. The article referred to reads as follows:
"Gold in the Sweetwater district was first discovered in 1842 by a Georgian who came here with the American Fur Company for the recovery of his health. After remaining a year he started for home, intending to organize a company and bring them here to work the mines. He never reached his home, however, and was supposed to have been killed by the Indians. Thirteen years elapsed, when a party of forty men arrived here. They prospected the whole length of the Sweetwater, found gold everywhere in the river, as well as in all of its tributaries, and turned the main stream from its channel 400 yards. A small shaft eight feet deep, from which they took from 2 to 10 cents worth of gold per pan, was sunk and worked some time. When winter approached they abandoned their enterprise to winter at Fort Laramie, where they intended to provision themselves for a year and get a supply of necessary tools in the spring. This done they started, but when two days on their way were over- taken by United States dragoons and brought back to the fort. The leader was sent to prison for some imaginary of- fense and the property of the company confiscated.
"In 1858 the leader returned to this region but did no mining until 1860, when he and eight others commenced mining on Strawberry gulch. Their rotten sluices, rockers and toms remain there to the present day. During 1861 mining was abandoned because men could make more money putting up hay and delivering telegraph poles for the Over- land Stage Company. In the fall of 1861, however, fifty-two men had collected at South Pass City ready to commence mining in the early spring of 1862. Their locations were selected, and prospects over-promising, when like a thun- derbolt the Shoshone Indians broke down upon them, robbed them of everything and drove them off."
In the summer of 1850 ten wagons arrived at South Pass containing emigrants on their way to California. These people were from Missouri, and the Captain of the company was Jonathan Ferril, an experienced freighter on
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the old Santa Fe trail. Of the party was John D. Ferril, a nephew of Jonathan; also B. Chestney, Jackson and Joseph Tackett, Samuel Parker and Dr. Hocker. This party had encountered a train which had suffered greatly with chol- era. Dr. Hocker and John D. Ferril went to the assistance of the unfortunate people, nursed the sick and buried the dead, and joined their own train again at South Pass, where it had awaited them.
During the summer of 1862 quite a number of miners from Colorado went to the Sweetwater and prospected. Among these were Joseph Sherrick of Nevadaville, Colo., John L. Kimble, W. C. Patrick and J. W. Redliff, all of the same place. These men all brought home rich specimens of placer gold taken from the bars along Sweetwater river. They left the country on account of hostile Indians who in- fested the neighborhood.
That same year, J. Dubois, J. Patneese and three broth- ers whose names are not mentioned, left the stage line at Sweetwater Crossing with the intention of prospecting be- tween there and South Pass and to eventually go into the Big Horn country. These men were told by old trappers and guides, stories of rich gold deposits in various localities, but when they were asked to guide the miners to the places, they refused because, as they explaind, they were afraid of Indians. These men were all French Canadians. They were never heard from after they left the Sweetwater. It was be- lieved in Wyoming and Montana that they were all killed by Indians. About this time a trading post was established at Pacific Springs.
On April 9, 1863. James Stuart, Cyrus Watkins, George T. Geery, A. Sternblake, George H. Smith, Samuel T. Hau- ser, Richard McCafferty, John Vanderbilt, Drewyer Un- derwood, James N. York, Henry A. Bell, James Hauxhurst, William Roach, Ephraim Bostwick and George Ives left Bannock City, Mont., on a prospecting tour to the Yellow- stone country. They followed up the Big Horn river and on the night of the 12th of May were attacked by a band of
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South Pass Gold Discoveries.
Crow Indians. The fight was a desperate one. Geery, Bost- wick and Watkins were killed. The next day the remainder of the party pushed on up the river as far as where Fort Washakie now stands, and from there they went south, striking the Sweetwater at a point not far below Lewiston. According to a report made by Stuart to the Montana His- torical Society, they found at this point rich prospects in loose gravel. The party spent three weeks prospecting in that vicinity, when they returned to Montana, having trav- eled a distance of 1,600 miles, for which they received very poor pay. In the same year, Capt. H. G. Nickerson informs me, the first placer mining was done in Carissa gulch. He says that men who were serving at that time as soldiers, along the telegraph line passing through South Pass, told him that they saw an old mountaineer working in this gulch. He packed the dirt on an ox to Willow creek and washed out the gold there. The dirt was rich, but the soldiers advised the old man that it was dangerous to at- tempt to work without protection, as the Indians would kill him if he was found by them. The miner was out of pro- visions, but the soldiers supplied his wants and he left the country. This closes the record for 1863.
In the summer of 1864 Lieut. William H. Brown was serving with a detail of his company on the Sweetwater, guarding the telegraph line and protecting emigrants who passed that way to the west. While on this service, he and a few of his men did some prospecting in the South Pass country. They found some very rich dirt in a dry gulch and filling gunny sacks with it transported the sacks on their horses several hundred yards to a small stream. The sol- diers loaded the sacks and managed to carry two on each horse, and in this way they carried considerable dirt to the stream. The Lieutenant knew something about placer min- ing and had therefore little difficulty in washing out the gold. Some of these sacks yielded two dollars, three dollars, and others as much as five dollars. Later this same party discovered a rich lead north of Rock creek, which they lo-
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History of Wyoming.
cated and called it the Buckeye in honor of the state from which the regiment came. By request of W. A. Carter, the sutler of Fort Bridger, Lieut. Brown located a claim for him, also one for Gen. Connor, and several claims for the officers in the 11th Ohio. Lieut. Brown and his men com- menced development work on the Buckeye and were getting along nicely with the work when one day the Indians came in their absence and destroyed their tools, which was the red man's way of showing his disapproval of what was going on. Brown and his companions took the hint and went back to their duty of protecting the telegraph line and emi- grants. Lieut. Brown informs me that he is satisfied that his was the original discovery on what was some years later opened out as the Buckeye lead, which yielded a large amount of gold.
The following incidents are related of 1864: John Dun- kel, a private in the Eleventh Ohio Volunteers, sunk a shaft at the head of Willow creek, and when it was down eight feet, he was taken sick with pneumonia. The regimental surgeon, who was at Sweetwater Bridge, was telegraphed for and came up to attend the sick man, but in spite of the best efforts of the physician he died. A few days after this a well appointed outfit with two four-mule teams came along and stopped at Burnt Ranch. The owner of the train was a Wisconsin man and he had been taken sick down on the North Platte and from day to day he grew worse. The peo- ple who were with him believed that he was going to die, and being helpless they took him out of the wagon and left him at the station, and in spite of the sick man's remon- strance and the indignation of the men at the station, they hurried away and left the helpless owner of the train, tak- ing all his property with them. The sick stranger was care- fully tended and finally recovered. He returned to Fort Laramie and later went back to Wisconsin. A year after this he passed through the country on his way west to hunt up the men who had robbed him of his train and left him by the roadside to die. Whether he ever recovered his prop-
REISTLE. TINVER.
ESTHER MORRIS. (As she appeared while living at South Pass, in 1869.)
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South Pass Gold Discoveries.
erty or succeeded in punishing his unfaithful and inhuman employes is not known.
In the summer of 1865, prospectors and miners again turned their faces towards the South Pass country. Pros- pecting was done along the Sweetwater river and over as far north as Beaver creek. Some of these men had been in the country before and they were quickly followed by gold hunters from both the east and the west. Among others, I find that Dr. Leonard worked in the Carissa gulch, the same place worked by the old mountaineer in 1863, but there is no record as to his success or failure. Mrs. Josephine Bald- win of Lander has placed in my hands an agreement made by her husband, Maj. Noyes Baldwin, and Capt. John S. Skelton, in which they agree to furnish to John A. James and D. C. Moreland provisions and mining tools sufficient for a six months' prospecting tour in the South Pass coun- try. They also furnished these men with pack animals. The agreement is dated at Fort Bridger, Oct. 31, 1865. With these two went William Jameson, William Burch and W. H. Shoemaker. All these men had belonged to the First Ne- vada Cavalry and had fought Indians on the plains under Gen. Connor. Baldwin was at that time major of the regi- ment and commander of Fort Bridger. Connor considered it good policy to encourage the prospecting for gold, in the hope of bringing into the country a large number of settlers, who would serve to hold the Mormons in check. The party proceeded to South Pass and the next we hear of them is a letter from James and Moreland, dated at Beaver creek, Nov. 11, 1865. They expressed themselves as delighted with the prospects for gold, and thought they would strike it rich. They proposed to locate some rich ledges the next day. There must have been a large number of miners on the ground, as they speak of holding a public meeting and the organization of a mining district. As this was undoubtedly the first mining district organized in what is now Wyoming I give the proceedings below in full:
-(41)
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History of Wyoming.
"Lincoln Mining District, "Dakota Ter., Nov. 11, 1865.
"At a meeting of the miners of this Lincoln mining dis- trict, held on one of the tributaries of Beaver creek on the evening of the 11th Nov., 1865, meeting being called to or- der, Mr. W. H. Shoemaker was chosen president and Mr. John A. James secretary. The following laws concerning the location and representation of quartz leads or lodes of gold or silver bearing rock were adopted:
"Sec. 1. Any person locating quartz lodes or leads of gold bearing rock within the limits of this Lincoln district which shall comprise all that part of the territory known as Dakota, which lies west of the 20th degree of longitude west from Washington shall not be entitled to more than 200 feet in one claim by location, and no person shall hold more than one claim on the same lead by excavation, except he be the discoverer of the ledge, who shall be entitled to one claim for discovery. The locator or discoverer shall be enti- tled to all the dips, spurs and angles appertaining unto the same. When the discovery is made by a company, they shall be entitled to but one claim for discovery and one each by location. All persons shall define the limits of their claims by a stake at each end of the claim not less than three (3) inches in diameter nor less than two (2) feet in height, with the name of person or persons and date of location thereon written
"Sec. 2. All persons shall have their claims recorded in the district recording office within ten (10) days from the time of their location; Provided, the distance of claim is not more than thirty (30) miles from the recorder's office. When the distance of claim is more than thirty (30) miles from the recorder's office, the time limited shall extend to fifteen (15) days from time of location. This law not being com- plied with, the claim shall be subject to relocation by any person thereafter. All persons shall within the space of ninety (90) days from the time of the location of their claims, improve the same by work in or for the benefit of the claim to the amount of fifty ($50) dollars, said work to be appraised by two competent judges of the same who reside in the district, when on application to the district recorder the claim holder shall receive a certificate of deed for his claim, which shall hold good above all other claims, save that of government. In case of doubt as to work having been per- formed, it shall be the duty of the recorder to visit said
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South Pass Gold Discoveries.
claim himself before issuing a certificate, in which case he shall be entitled to mileage at the rate of fifty (50) cents per mile to and from said claim. The district recorder shall be entitled to two ($2.00) dollars for recording each claim, and four ($4.00) dollars for issuing a certificate of deed. All persons shall renew the notices on their claims once in ev- ery twelve months after a certificate of deed is given.
"Sec. 3. No person shall have the right to locate claims for others except he has the power of attorney from the person himself, in which case the location shall hold good as though done by himself. Where a company makes a loca- tion together as a company, they shall have the right to put the improvements on their claims in one or two places, at the option of said company.
"Sec. 4. The recorder of this Lincoln Mining district shall be elected annually by a majority of the miners of the district, who shall vote by ballot.
"W. H. SHOEMAKER, President. "JOHN JAMES, Secretary,
"of meeting organizing Laws and Limits of Lincoln Mining district."
John A. James was duly elected recorder of the dis- trict. There must have been considerable enthusiasm in the camp, as in a letter to Maj. Baldwin, James gives it as his opinion that there will be a great rush into the coun- try the next year. The next letter from James is dated at South Pass, March 18, 1866. He reported that they had prospected the country to their satisfaction as far north as the Popo Agie river, and while they could get colors every- where they did not find the ground rich. From this letter it appears that the rich ledges they were going to file on, the previous November, were located on Willow creek, but he states that he is unable to give a definite opinion about the rock, as the snow had been ten feet deep all winter. Enough had been done, however, to prove that the gold was of fine quality, worth, he thought, $20 an ounce. It was his opinion that the gold in the lead would run $50 a ton. He closes his letter by promising some good news by the 15th of April. This letter is the last one found from James in Maj. Bald- win's papers. The contract between the four men would
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History of Wyoming.
expire on May 1, 1866, and there is no evidence that it was renewed. A few months before the date of the last letter, James mentioned reports of rich finds on Wind river and on the Yellowstone, and it may be presumed that he drifted into that country. James was an educated man, and from his letters it must be concluded that he was a miner in former days in Nevada, as he compared the quartz which he found in the South Pass with that of the mines of that country.
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