CHAPTER III.

ORGANIZATION OF GOVERNMENT.

1853-1855.

GOVERNOR ISAAC INGALLS STEVENS-HIS LIFE AND CHARACTER-RAILROAD SURVEYS-POLITICAL PARTIES-ELECTION-FIRST LEGISLATIVE ASSEMBLY-ITS PERSONNEL AND ACTS-EARLY NEWSPAPERS-COUNTY ORGANIZATIONS-FEDERAL COURTS-LAND CLAIMS AND LAND TITLES-ROADS, MAILS, AND EXPRESS COMPANIES-SAN JUAN ISLAND-INDIAN TROUBLES -TREATIES AND RESERVATIONS-STEVENS IN EASTERN WASHINGTON.

ISAAC INGALLS STEVENS, the man who had been sent to organize the government of Washington, was one fitted by nature and education to impress himself upon the history of the country in a remarkable degree. He was born at Andover, Massachusetts, and educated in the military school of West Point, from which he graduated, in 1839, with the highest honors. He had charge for a few years of fortifications on the New England coast. He had been on the staff of General Scott in Mexico, and for four years previous to his appointment as governor of Washington had been an assistant of Professor Bache on the coast survey, which gave him the further training which was to make his name prominent in connection with the survey for the Northern Pacific railroad-the historic road of the continent-the idea of which had for thirty years been developing in connection with the Columbia River and a route to China.

Congress having at length authorized the survey of this and other routes to the Pacific, Stevens was placed in charge of the northern line, whose terminus, by the progress of discovery and events, was now

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GOVERNOR AND POLITICS.

71

fixed at Puget Sound. He was to proceed from the head waters of the Mississippi to this inlet of the Pacific, and report not only upon the route, but upon the Indian tribes along it, with whom he was to establish friendly relations, and, when practicable, to treat. The manner in which the survey was conducted is spoken of in another portion of my work, and I proceed here with the narration of territorial affairs.1 The day appointed by Governor Stevens for electing a delegate to congress and members of a council and house of representatives was the 30th of January, 1854, the members chosen to convene at Olympia February 27th following. In the time intervening, two political parties organized and enacted the usual contest over their candidates. The democratic candidate for delegate to congress, Columbia Lancaster, is not unknown to the reader. He had served the county of Lewis in the council of the Oregon legislature, if service it could be called, in which he did nothing but cover himself with ridicule. His whig opponent was William H. Wallace, and the independent candidate M. L. Sim

1 The officers appointed to assist Stevens in the survey of a railroad route were W. T. Gardiner, capt. 1st dragoons; George B. McClellan, brev. capt., assigned to duty as capt. of eng.; Johnson K. Duncan, 2d lieut 3d art.; Rufus Saxton, Jr, 2d lieut 4th art.; Cuvier Grover (brother of L. F. Grover of Oregon), 2d lieut 5th art.; A. J. Donelson, 2d lieut corps of engineers; John Mullan, Jr, brev. 2d lieut 1st art.; George F. Suckley and J. G. Cooper, surgeons and naturalists; John Evans, geologist; J. M. Stanley, artist (the same who was in Oregon in 1847-8); G. W. Stevens and A. Remenyi, astronomers; A. W. Tinkham and F. W. Lander (brother of Judge Lander), civil engineers; John Lambert, draughtsman. Washington (City) Republic, May 7, 1853. The survey was to be commenced from both ends of the route, to meet somewhere west of the Rocky Mountains. McClellan, who had charge of the west end of the line, arrived in S. F. in June 1853, and proceeded to explore the Cascade Range for passes leading to Puget Sound, starting from Vancouver, and dividing his party so as to make a reconnoissance on both sides of the range the same season. The narratives of these surveys contained in the Pacific R. R. reports are interesting. Several persons connected with the expeditions remained on the Pacific coast; others have since revisited it in an official capacity, and a few who are not mentioned here will be mentioned in connection with subsequent events.

2 Wallace was born in Miami county, Ohio, July 17, 1811, whence he removed when a child to Indiana, and in 1839 to Iowa, where he served in both branches of the legislature. He was appointed receiver of public moneys at Fairfield, Iowa, holding the office until Pierce's administration, when he removed to Washington, in 1853. His subsequent career will be given hereafter. His death occurred Feb. 8, 1879. Olympia Standard, Feb. 15, 1879; New Tacoma Herald, Feb 14, 1879.

mons, who, notwithstanding his popularity as a man and a democrat, received only eighteen votes.3 Wallace received 500, and Lancaster 690. Democracy was strong on the north side of the Columbia, as it was on the south, but it had not yet assumed the same dictatorial tone, and Lancaster, who had affiliated with the whigs in 1851 in Oregon, was a thorough enough democrat in 1853.5 He had a talent for humorous story-telling, which in debate often goes as far as argument or forensic eloquence before a promiscuous assemblage. The unsuccessful candidates were John M. Hayden, surgeon at Fort Steilacoom, F. A.

Simmons' influence naturally declined when he was put in comparison and competition with men of different degrees of education, and he felt the embarrassment and humiliation of it keenly. To it he ascribed the loss of his property, which occurred later. Although a man of large frame and good constitution, he died at the age of 53 years, Nov. 15, 1867. He was buried with imposing ceremonies by the masonic order, of which he was a member, having subscribed liberally toward the erection of a masonic hall at Olympia in 1854. Olympia Standard, Nov. 23, 1867.

Joseph Cushman was appointed by a democratic legislature first probate judge of Thurston co. He was born at Middlebury, Mass., March 13, 1807, and was a lineal descendant of Robert Cushman of the Mayflower company, had a good home education and a Boston business training, hence was a valuable man in any community, besides being an orator of ability, and ready writer. He went to South America in 1849, and after a brief stay in Valparaiso, came to California, and engaged in jobbing goods on the Sacramento River. Making the acquaintance of Samuel Merritt, owner of the brig G. W. Kendall, he took charge of Merritt's business, established in Olympia in 1852, Merritt running a line of vessels, and having a trading-house at that place. In 1857 Cushman was admitted to practice as an attorney, and successfully defended Luther M. Collins, who was charged with murder in connection with the execution of an Indian outlaw. In 1855 he was nominated by the free-soil party for delegate to congress, but was beaten by J. P. Anderson, democrat. In the Indian war he enlisted as a private in Eaton's company of rangers, and was one of the party besieged on Lemmon's land in the Puyallup Valley, remaining in the service until the close of the war. He was president of the first board of trustees for Olympia in 1869. In 1861 he was appointed by President Lincoln receiver of public moneys in connection with the land-office, which appointment he held until 1870. His name is incorporated with the history of the capital of Washington particularly, and with the country in general. He died Feb. 29, 1872. Olympia Echo, March 7, 1872; Olympia Standard, March 2, 1872.

P. W. Crawford relates how by a little sharp practice he procured the nomination in convention of his friend Lancaster, who lived on or near the Columbia, against the candidates of the Sound district, by dividing the votes against him, and as they failed, gathering them in solid for the remaining candidate. Narr., MS., 267.

Hayden was strongly supported by Pierce co., having resided at the fort ever since its establishment, practising his profession also outside the military reservation. Being recalled to the east in 1854, companies A and C, 4th infantry, presented him a flattering farewell address, published in Olympia Pioneer and Dem., Jan. 21, 1854.

THE LEGISLATURE.

73

Chenoweth, Judge Strong, Gilmore Hays, and W. H. Wallace.

In the legislature, which organized by choosing G. N. McConaha president of the council, and F. A. Chenoweth speaker of the lower house, there was a democratic majority of one in the council' and six in

'Gilmore Hays was a native of Ky, but resided in Mo., where he was district judge, when the gold discovery drew him to Cal. Returning to Mo., he led a train of immigrants to Oregon in 1852, and in 1853 settled on Des Chutes River near the head of Budd Inlet. The year 1852 was the time of the cholera on the plains, and Hays lost his wife and two children, who were buried near Salmon Falls of Snake River, together with the wife of B. F. Yantis. There remained to him three sons, James H., Charles, and Robert, and one daughter, who married J. G. Parker, all of whom reside in Olympia. In the same company were John P. and Isaac Hays, his brothers, N. Östrander, Hilary Butler, James Scott, and their families, Thomas Prather, George Fry, and others. When the Indian war threatened, he was first to volunteer, his was the first company raised, and throughout he was of much service to the territory. After the termination of the war, he returned to Mo., but in 1863 removed to Idaho, and was useful to the supt of Ind. affairs for Washington in arranging treaties with the natives. Failing health caused him to return to Puget Sound, where he died October 10, 1880. Olympia Transcript, Oct. 30, 1880; Olympia Standard, Oct. 29, 1880; Olympia Courier, Oct. 29, 1880.

* McConaha was drowned, in company with P. B. Barstow, in the Sound, on the 23d of May, 1854. His widow, Ursula, had a series of other losses and misfortunes. An 8-year old daughter was burned to death in March 1858, a son was killed by a vicious horse, and another son terribly maimed by an accident. In August 1859 she married L. V. Wyckoff of Seattle.

The first legislative assembly was composed of nine councilmen, as follows: Clarke county, Daniel F. Bradford and William H. Tappan; Island and Jefferson, William T. Sayward; Lewis and Pacific, Seth Catlin and Henry Miles; Pierce and King, Lafayette V. Balch and G. N. McConaha; Thurston, D. R. Bigelow and B. F. Yantis. H. M. Frost of Pierce was elected chief clerk, and U. E. Hicks of Thurston assistant clerk. Hicks was county clerk of Thurston. He figured a good deal in politics, served in the Indian war of 1855-6, and afterward edited one or more newspapers. He emigrated to Washington from Mo. in 1850, with his young wife, who died Nov. 16, 1853, aged 21 years. He married, Jan. 21, 1855, India Ann Hartsock. Frost served but a part of the term, and resigned, when Elwood Evans was elected and served from March 8th to May 1st. J. L. Mitchell of Lewis was elected sergeant-at-arins, and W. G. Osborn of Thurston door-keeper. The council being divided into three classes by lot, D. R. Bigelow, Seth Catlin, and W. H. Tappan drew the three-years term; B. F. Yantis, Henry Miles, and G. N. McConaha, the two-years term; W. T. Sayward, D. F. Bradford, and L. Balch, the one-year term. The house of representatives consisted of seventeen members, one from Island county, S. D. Howe (whig); five from Clarke, J. D. Biles, F. A. Chenoweth, A. J. Bolan, Henry R. Crosbie, and A. Lee Lewis (whig); one from Lewis, H. D. Huntington (whig)—John R. Jackson and F. A. Clarke received the same number of votes, and the second member from Lewis was not elected; one from Jefferson, D. F. Brownfield; one from King, A. A. Denny (whig); three from Pierce, L. F. Thompson, John M. Chapman, and H. C. Moseley; four from Thurston, Leonard D. Durgin, David Shelton, Ira Ward (whig), and C. H. Hale (whig); one from Pacific, Jehu Scudder, who died before the legislature convened. Scudder was one of the first settlers in Pacific county, and was much regretted. A singular fatality attended the

the house of representatives; but there was no undue exhibition of partisan zeal, nor any occasion for it, the assembly being impressed with the importance of the public duties which had been assigned to them. The organization being completed on the 28th, Governor Stevens was invited to communicate to the legislature a message, in which he made certain statements which will not be out of place here as an introduction to his administration and the history of the territory.

After a just encomium upon the country and its natural advantages for commerce, he reminded them that as the Indian title to lands had not been extinguished, nor a law passed for its extinguishment, titles could not be secured under the land law of congress, and the public surveys were languidly conducted. He spoke of the importance of a road to Walla Walla, another to the Columbia, and one along the eastern shore of the Sound to Bellingham Bay, and advised them to memorialize congress on the urgent necessity for these roads, to prevent suffering and loss to the immigrations. He counselled them to ask for a surveyor-general of the territory, and that liberal appropriations might be made for the surveyors, that they might keep in advance of the settlements. He proposed to request an amendment to the land law making it possible to acquire title by the payment of the minimum valuation, by a residence of one year, or by improvements equal to the minimum valuation, and that single women should be placed on the same footing with married women. He recommended the early settlement of the boundary

representatives from Pacific. In the first instance, J. L. Brown was nominated, and died before the election. His successor, Scudder, who was nominated after his death and elected, did not live to take his seat. Henry Feister was then chosen to fill the vacancy, but died of apoplexy on the evening of the day on which he was sworn in. Feister also left a family. Another election being ordered, James C. Strong was chosen, and took his seat April 14, 1854. Olympia Pioneer and Dem., April 15, 1854. B. F. Kendall was elected chief clerk, and J. Phillips assistant clerk, of the lower house; Jacob Smith of Whidbey Island sergeant-at-arms; and J. H. Roundtree door-keeper. Olympia Pioneer and Dem., March 4, 1854.