CHAPTER III.

POLITICAL AND JUDICIAL

1864-1866.

ORGANIZATION OF THE TERRITORY-BOUNDARIES ESTABLISHED GOVERNOR EDGERTON-JUDGES APPOINTED-FIRST LEGISLATURE-SEAT OF Gov. ERNMENT-SEAL-MAP-MEAGHER, ACTING GOVERNOR-PARTY ISSUES -CONVENTION-ELECTION-EARLY NEWSPAPERS-VIGILANCE COMMIT TEE INFLUENCE-EASTERN SOLONS-DIFFICULTIES ENCOUNTERED BY THE EARLY JUDGES - BEIDLER-MORE LEGISLATION-GOVERNOR SMITHEDUCATION-ASSAY OFFICE-SURVEYOR-GENERAL-REMOVAL OF CAPITAL.

Up to this time the territory later called Montana was still within the limits of Idaho, which embraced the mining country east of the Rocky Mountains. On the 26th of May, 1864, congress passed an act providing a temporary government for a new territory to be called Montana, the boundaries of which embraced 143,776 square miles, or 92,016,640 acres;1 commencing at a point formed by the intersection of the 27th degree of longitude west from Washington with latitude 45°, thence due west to longitude 34°, thence to latitude 44° 30′, thence west along that line to the summit of the Rocky Mountains, and along their crest to its intersection with the Bitterroot Mountains, thence along the summit of the Bitterroot Mountains to its intersection with longitude 39°, thence along that degree to latitude 49°, thence cast along that line to longitude 27°, and thence southward on that degree to the place of beginning. It com

Zabriskie's Land Laws, 857.

2 Id., 860-71; U. S. Acts, 91-7, 38th cong. 1st sess.; Camp's Amer. YearBook, 1869, 497-500: Como Sentinel. Aug. 13, 1864.

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TERRITORIAL ORGANIZATION.

643

prised the north-east part of Idaho, the south-east part being reattached to Dakota, from which it was taken when Idaho was first organized.

It will be remembered that in 1863 Sidney Edgerton, formerly of Ohio, was appointed chief justice of Idaho, but that Governor Wallace of that territory, in laying out the judicial districts, assigned him to the district east of the mountains, in order to exhibit his dislike of imported judges. As the territory was not organized until September, and the Idaho legislature did not meet to lay out districts until December, there was little opportunity for the exercise of judicial functions in Edgerton's district before Montana became a separate territory, and the former chief justice of Idaho was appointed governor of Montana. He was commissioned June 22, 1864, and the territorial secretary, Thomas Francis Meagher, on the 4th of August, 1865. The judges appointed were Hezekiah L. Hosmer chief justice, and Lorenzo P.

3 Two other men had been previously appointed who declined: Henry P. Torsey, June 22, 1864, and John Coburn, March 3, 1865. Edgerton was without a secretary for the first year he was governor. Sidney Edgerton was born in Cazenovia, Madison co., N. Y. His father was Amos Edgerton, who married Zevirah Graham, both educated in the best schools of their times. The father dying, the mother was left, while Sidney was but 6 years of age, to support and educate the family of 6 children, with whom she removed to Ontario co., N. Y., where Sidney grew to man's estate, alternately following the avocation of a builder and attending the higher schools, or teaching village schools. For 2 years he was principal of the Genesee Wesleyan seminary at Lima, Livingston co. In 1840 he went to Akron, Ohio, to read law with the famous Rufus P. Spaulding. In 1842 he entered the Cincinnati law school, then under the charge of Timothy Walker, author of American Law, from which institution he graduated in 1844, returning to Akron to practise, forming a partnership with Van R. Humphrey and William H. Upson. Edgerton was strongly anti-slavery in his convictions, and a leader of that unpopular party, finding no national organization to adhere to before the birth of the republican party in 1855. In 1858 he was elected a member of congress, and again in 1860. His appointment to the chief justiceship of Idaho, in 1863, followed, and on arriving at Bannack, then a part of that territory, and finding a large population there without law or officers, he reported to Gov. Wallace and awaited the designation of the courts, but no court was appointed within the district to which he was assigned, nor was there any officer there to administer the oath of office. He was selected by the people to go to Washington to endeavor to have the territory of Montana organized, in which business he was successful, and was appointed governor. At the expiration of his term he returned to Akron, Ohio, where he continued the practice of his profession. Owing to the turbulence of the times, Gov. Edgerton did not receive the just meed of his qualities and services in Montana. Sanders' Notes, MS., 1-11.

Williston and Lyman E. Munson associates. Edward B. Neally was commissioned United States district attorney, and George M. Pinney marshal.® Internal revenue officers appointed were Nathaniel P. Langford collector, and Truman E. Evarts assessor. None of the district judges were on the ground before late autumn. The first election was held on the 24th day of October, for the choice of a legislature' and a delegate to congress. Samuel McLean was chosen delegate by a majority of thirteen hundred votes. The legislature met December 12th at Bannack, was sworn in by Judge Williston, and proceeded harmoniously to business."

8

The condition of politics in Montana was a repetition, to a considerable extent, of the anti-administration sentiment of Idaho, and for the same reason, that it was overrun by southern men, escaping from draft into the confederate army. But otherwise there was this difference between Idaho and Montana, that the former was founded by western men from Oregon,

Ammi Giddings was the first associate judge appointed, but declined. 50. F. Strickland was appointed A. A. atty-gen. in 1865, and William M. Stafford in 1866.

Cornelius F. Buck was the first appointed, but declined.

The legislature consisted of 20 members, 7 in the council and 13 in the lower house. The council was composed as follows: Beaverhead county, Frank M. Thompson and Ebenezer D. Leavitt; Madison county, Charles S. Bagg, Anson S. Potter, and Robert Lawrence; Jefferson county, Nathaniel Merriman; Choteau, Deer Lodge, and Missoula, Frank L. Worden. Lawrence was chosen president. Appointed by the council: George Heynes secretary; Frank H. Angevine assistant secretary; Robert Hereford engrossing clerk; John C. Ryan enrolling clerk; Harrison G. Otis sergeant-at-arms; Harris Gilman door-keeper; W. P. Edgerton page. Mont. Jour. Council, 1864, 1, 6. The members of the house of representatives were: Beaverhead county, J. C. Faul, A. J. Smith; Deer Lodge, James Stuart; Jefferson, George Det willer speaker, J. N. Buck, Milo Cartwright; Madison, Francis Bell, Wiley Huffaker, Alexander E. Mayhew; Washington, J. McCormick, J. H. Rogers, Patrick Ryan, John Owen (elected but not seated), E. B. Johnson.

W. F. Sanders was put forward as a candidate by the loyal population. James Tufts, who had been speaker of the Idaho legislature, also had aspirations. Portland Oregonian, Sept. 14, 1864.

9

According to J. N. Bond, who has furnished me with a manuscript narrative of the early History of Colorado, Idaho, and Montana, in each of which territories he has borne a pioneer's part, not one of the members of the first legislature of Montana had ever served before in the capacity of lawmaker, and the governor himself was ignorant of parliamentary rules. p. 61 of Bond's MS. It would seem, however, that this statement should be taken with allowance, particularly in regard to the governor, who was a graduate of a law school, and had been a member of congress.

Washington, and northern California, who were chiefly descendants of men bred in the south-western and southern states, while Montana had a large percentage of her first population from the northern states. 10 That portion of the governor's message which related to the existing war, being referred to a committee of Bagg, Thompson, and Leavitt in the council, Bagg reported, as chairman, in language strongly anti-administration, while refraining from uttering sentiments openly disloyal. Leavitt, not being willing to indorse such a report, a few days afterward offered a resolution strongly loyal, which was adopted by a majority of the council, the whole

being done without any discourteous exhibition of political hostility. According to the requirements of the organic act, the legislature proceeded to locate the seat of government, which was fixed at Virginia City. A seal for the territory was adopted, which had as a central group a plough and a miner's pick and shovel;

10 There was strong political feeling in the first canvass. The leaders of the dominant party were Sample Orr, W. L. Ewing, Warren Toole, Alexander Davis, H. Y. Pemberton and Thomas Thorougliman of Missouri, W. B. Dance of Montana, W. L. McMath, N. J. Bond, and Samuel McLane of Colorado, and Ansell Briggs, whilom governor of Iowa, who was president of the first democratic convention of Montana in the autumn of 1864. The leader of the republican element was W. F. Sanders. Bond's Hist. Col., Idaho, and Montana, MS., 58.

on the right the falls of the Missouri; on the left mountains; underneath the motto, Oro y Plata. Upon the margin surrounding the whole were the words, The Seal of Montana Territory.

There being no map of the territory by which the legislature could define the district boundaries, W. W. De Lacy was employed to make one for the purpose, to be further completed when the districts were laid off. Among the earliest acts was one incorporating the Historical Society of Montana. Acts were passed repealing the statutes of Idaho, adopting common law, and providing for the codification of the territorial laws. A common-school system was adopted, and an act passed to prevent carrying concealed arms.12 Acts were passed incorporating Virginia City, and the towns of Montana (the name being changed to Prickly Pear), Missoula, Marysville, Willow Creek, Ophir, North Ophir, Junction City, Jefferson, Gallatin, East Gallatin, Brandon, Beaver, and Alki. Several of these had only an ephemeral existence, and were soon not to be found on the maps. A large number of mining, road, bridge, and ferry companies were incorporated, showing the activity of the population in seizing upon business opportunities.

But an error was committed by the first legislature, which practically disorganized the territory for two succeeding years. According to the organic act, the first legislature was to be apportioned by the governor; but thereafter the time, place, and manner of holding elections, and the apportioning of the representation in the several counties, were to be prescribed by law, as well as the day of commencing the regular sessions of the legislative assembly. The law-makers, instead of keeping within their privileges as granted by the organic act, of gradually increasing their numbers to thirteen councilmen and twenty-six represent

11 The code commissioners were William H. Miller, George W. Stapleton, and W. F. Sanders. Helena Montana Post, Dec. 4, 1868.

12 Where the majority were openly armed, such a law could effect little reform in the practice of shooting a man at sight.