Statewide County NV Archives History - Books .....Chapter X Efforts At Government 1881 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nv/nvfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com October 25, 2007, 2:11 am Book Title: History Of Nevada CHAPTER X. EFFORTS AT GOVERNMENT. Resume of Political History — Rules and Regulations—A Conviction and Ear-Cropping — The Third Unsuccessful Attempt at Territorial Organization — Fac-simile of "Territorial Enterprise," July 30, 1859—Declaration of Cause for Separation—Election and Adoption of Constitution, September 7, 1859—Musser certifies to Results of the Election—Another Attempt to Re-organize Carson County by Judge J. S. Child—Carson County Election Returns of October, 1859—Attempt at Provisional Government—Provisional Legislature Meet and Adjourn— Governor Roop's Messages-After the Adjournment. IT has already been noted that in 1858 an attempt to reorganize civil government in Carson County bad been made by the appointment of John S. Child, Probate Judge, who had called a special election, that was held on the thirtieth of October, that year. The next foot-print of an attempt at government is found in Gold Hill, made one or two days before the Comstock Lode was discovered. The miners, because of the rapidly-increasing population centering about the place where the rich placer gold deposits had recently been found, became impressed with the importance of having some well-defined, recognized rules of action for guidance, in the absence of any operative, regularly constituted civil government to rely upon in case of extreme emergencies. Consequently, they assembled on the eleventh of June, 1859, at Gold Hill, and adopted laws, of which the following are some of the most important:— WHEREAS, The isolated position we occupy, far from all legal tribunals, and cut off from those fountains of justice which every American citizen should enjoy, renders it necessary that we organize in body politic for our mutual protection against the lawless, and for meeting out justice between man and man; therefore, we, citizens of Gold Hill, do hereby agree to adopt the following rules and laws for our government:— RULES AND REGULATIONS. SECTION 1. Any person who shall willfully and with malice aforethought take the life of any person shall, upon being duly convicted thereof, suffer the penalty of death by hanging. SEC. 2. Any person who shall willfully wound another shall, upon conviction thereof, suffer such penalty as the jury may determine. SEC. 3. Any person found guilty of robbery or theft shall, upon conviction, be punished with stripes or banishment as the jury may determine. SEC. 4. Any person found guilty of assault and battery, or exhibiting deadly weapons, shall, upon conviction, be fined or banished as the jury may determine. SEC. 5. No banking game under any consideration shall be allowed in this district, under the penalty of final banishment from the district. The rules thus adopted were recognized but a short time, the rush from California in August and September having swept them, with all else that partook of the past, into chaos and obscurity. But one incident seems to have been remembered of any attempt that year to punish for an offense, and this occurred in August, when a couple of thieves were caught in Washoe Valley with a yoke of stolen oxen. Their names were given as George Ruspas and David Reise; and a jury of citizens ordered an ear of each cut off, which being done, they were recommended to travel west for their health, and they traveled. TERRITORIAL ORGANIZATION. The movement set on foot in 1857, previously detailed in this work, failed of achieving the desired result. The desire for a separate-government, however, had not failed with the plan. It is evident that the feeling of hostility existing between Mormons and other citizens of the United States had not been allayed in 1859, and that it was proposed to use that feeling of unfriendliness as a leverage by which to yet procure a Territorial organization for the western portion of Utah that would not include Salt Lake City. There were men east of the mountains in 1859 who were politically ambitious, and they gave direction to the popular feeling by calling a mass meeting for the sixth of June, that year, at Carson City, to take such action as would be best calculated to open the Territorial question again. That meeting apportioned Carson County into voting precincts, called an election for July 14th to choose a Delegate to visit Washington, and provided for a convention to convene at Genoa, on the eighteen of July, to count the votes for Delegates, give the successful candidate his credentials, and take such other, not well-defined, action as the emergency demanded. They also called a Nominating Convention of regularly-appointed Delegates from the various precincts, to meet at Carson City on the twentieth of June, whose only duty was to place in the field candidate's to be elected, at the same time with the Congressional representative, as Delegates to the Genoa Convention. The miners of Gold Hill, at the first meeting ever held on the Comstock, by the following action joined in this movement:— At a meeting of the miners of Gold Hill, held on Saturday, June 11, 1859, A. G. Hammack was appointed Chairman, and V. A. Houseworth, Secretary. The Chairman briefly explained the object of the meeting, after which, Judge Crane in a brief and cogent speech, gave an account of his labors and exertions as Delegate of Nevada to Congress. On motion of V. A. Houseworth, it was unanimously resolved that we fully indorse the citizen's proceedings of Carson City, on June 6th. On motion of B. F. Little, it was unanimously resolved that the Chair appoint five Delegates to meet at Carson City, Eagle Valley, on June 20th, to appoint Delegates of this district to be elected by the people, to the Convention to be held at Genoa, Carson Valley, on the eighteenth day of July ensuing, to consider the public good. The Chair appointed V. A. Houseworth, J. A. Orsburn, James F. Rogers, L. S. Bowers, and Captain A. H. Parker, said Delegates. It was unanimously resolved that we, the miners of Gold Hill, in demonstration of respect to Judge Crane, hold that his manly and distinguished services as Delegate to Congress, entitles him to our highest considerations. The mass meeting having been held six or seven days before the Comstock Lode was discovered, and the election following on the fourteenth of July, thirty days after the discovery, and before it was generally known that silver was a part of its wealth, fully establishes the fact that this was a political move by the settlers of the country, and not by an irresponsible transient population without fixed or well-defined purpose. On the contrary, it was the influx of such a class that later swept away this half-completed governmental fabric. The Convention, elected on the fourteenth, met at Genoa, on the eighteenth, and after a nine days' session adjourned on the twenty-eighth, its proceedings being printed in the Territorial Enterprise of the thirtieth, all in July, 1859. Fortunately a copy of this paper has been preserved, brown with age, and wrinkled and worn by handling. Desiring to preserve a sample of a paper, by lapse of time so valuable to history, a photograph of the original was taken, producing a fac-simile, in dimensions fitted to the size of the book, and is presented on pages 69-72, a memento of the past. The original was on paper twenty by twenty-eight inches, of poor quality, and the press work was carelessly done, all of which the sample shows. Besides giving in detail the proceedings of the Convention, it contains many names of the pioneers, and the leading men of that time. DECLARATION OF CAUSE FOE SEPARATION. The following address by the Convention is in some respect an exaggerated statement, of the condition of affairs at that time, and causes leading the people to ask for a separated government:— WHEREAS, we, the citizens of the proposed Territory of Nevada, considering that we have suffered from a series of internal and external evils of so grave a nature, as to render forbearance a virtue no longer, and believing that the time has now arrived for us to take some permanent action upon our future well-being as a people, and believing further that a plain statement of the causes which have impelled us to take this course, will convince a candid and unprejudiced public, we would therefore state:— That a long train of abuses and usurpations on the part of the Mormons of eastern Utah, towards the people of western Utah, evinces a desire on their part to reduce us under an absolute spiritual despotism. Such has been our patient sufferings, and such is now the necessity for dissolving all political relations which may have connected us together, and we deem it not only our right, but also our duty, to disown such a government, and such a people, and to form new guards for our future security. We would charge upon the Mormons a gross violation of the organic Act creating the Territory of Utah. They have declared themselves hostile to the Constitution, Government and Institutions of our country. They have refused to submit to its laws, while they have, whenever it suited them, claimed protection under these laws. They have denied to the judges of the United States a right to try in their court the violators of the law, when such violations were numerous. They have so managed by their legislation, as to defeat justice, protect criminals, and render the laws and the authority of the United States, in Utah Territory, void and of no effect. They have conferred powers on their Territorial Marshals, so extensive as to render void the authority of the Marshals of the United States, in all cases. They have conferred upon Probate Judges the sole right to select juries in civil and criminal cases, in violation of all law and all precedent. They have also given to said Judges, and Justices of the Peace, absolute jurisdiction in all civil and criminal cases. They have made all laws existing under the embryo State of Deseret, binding upon the people of this Territory, and in defiance of the laws of the. United States. They have, by an Act of the Legislature, declared all unmarried men ineligible as jurymen, unless they have resided in the Territory two years. They have imbued their hands in the blood of our citizens, while they were peacefully pursuing their way across the continent, and have deprived them of their property without due course of law. They have poisoned the minds of the Indians against us, forced us frequently to open war with them. We have petitioned them to redress and protect us in our right, but our appeals have ever been treated with disdain and neglect. To continue the connection with Utah longer we fear would involve us in treason and rebellion to our country. We further consider that the danger, difficulty of transit and expense of communication with the seat of the Territorial Government of eastern Utah, of themselves valid reasons to induce us to form a separate Territorial organization. We have appealed for assistance to California, but she has declined to aid and protect us, because we were without the jurisdiction of the State. We have for the last two years invoked Congress to erect for us a Territorial Government, and that body has been deaf to our appeals. Therefore, believing in the rectitude of our intentions and believing the time has arrived, we make known and declare our entire and unconditional separation from eastern Utah. To provide for and secure our future protection, we pledge to each other our sacred obligations, to erect for ourselves a Territorial Government, founded upon the Republican principles of the Constitution of the United States, and that we will maintain and defend it to the best of our ability. And we look to the support and protection of the Federal Government, and our fellow-citizens in every part of the Union. ELECTION AND ADOPTION OF CONSTITUTION, SEPTEMBER, 1859. Having decided to assume the responsibility of taking the preliminary steps incident to the organization of a provisional government, and trust to the future for a recognition by Congress, the Convention framed a Constitution to be submitted on. the seventh of the ensuing September, to a vote of the people, and an election was ordered at the same time to fill the various offices created by it. The election returns were not preserved, and a consequent obscurity surrounds the result, but an indication may be obtained from the following: A resident of Genoa, in writing to the Semi-Weekly Observer of Placerville, California, gives the vote of Genoa and Carson, as follows:— Genoa. Carson City. For Constitution 38 126 Against Constitution 12 5 For Governor, Isaac Roop 46 121 For Governor, John A. Slater 1 4 Sec. of State, A. S. Dorsey 47 121 Auditor, John D. Winters 43 115 Treasurer, B. L. King 47 124 The above, with the exception of Dr. Slater, were probably elected; but none of them were ever called upon to serve except Governor Roop. From a newspaper clip, found in the Governor's scrap book, it appears that the majority for the Constitution was about four hundred votes. The following election certificate tells its own tale:— MUSSER CERTIFIES TO RESULTS OF THE ELECTION. I, J. J. Musser, President of the Constitutional Convention held in Genoa, in July, A. D. 1859, and Chairman of the Board of Canvassers appointed by that Convention to canvass the votes cast at the election for officers under the said Constitution of Nevada Territory, held throughout said Territory, on the seventh day of September, A. D. 1859, do hereby certify, that the said Board of Canvassers failed to meet at the appointed time and place to discharge the duties assigned to them. I further certify that the votes cast at said election were received by me, and that I have examined and cast up the vote of said election returns that came to me unsealed, from which I do hereby certify that a large majority of the votes east on that occasion were in favor of the Constitution, and also that Isaac Roop was elected Governor of the said Territory by a large majority. J. J. MUSSER, Pres. Con's Convention. Carson City, December 12, 1859. ANOTHER ATTEMPT TO REORGANIZE CARSON COUNTY. Immediately after the foregoing election, John S. Child held a session of Court at Genoa on the twelfth of September, with P. H. Lovel acting as Clerk. This was the first legal Court held in Carson County, after April 13,1857, when Charles Loveland presided, just before the Mormons left for Salt Lake. Judge Child found no business before the Court, and adjourned until the next day. Pursuant to the adjournment the Court convened, and still no business; but the third day's session was rescued from monotony by the appointment of W. P. Morrison as Coroner, authorizing him to officiate in an inquest to be held upon the body of John Buckley, who had been killed at Virginia City. On the fifteenth, sixteenth, and seventeenth, the Court adjourned for want of business, and none seems to have presented itself until the nineteenth of October, when Mrs. Rebecca A. Bristol filed an application for divorce from Essie C. Bristol, that resulted in her getting it, and this was the only case tried in 1859. A Coroner appointed and a divorce granted was the sum total of Court procedure that year. Judge Child had become anxious to restore the organization of Carson County, and give to it a legal existence in all its functions. The necessity for this was becoming daily greater, because of the rapidly augmenting population, as well as the increasing value of mines and other property. In pursuance of this design, the Judge, after dividing the county into ten precincts, called a special election to be held on the eighth of October to fill the various county offices. Out of the ten precincts but three, Carson, No. 2, Gold Hill, No. 5, and Walker River, No. 8, opened any polls. The following are the returns from those precincts:— CARSON COUNTY ELECTION RETURNS OF OCTOBER, 1859. PRECINCT VOTE. No. 2. No. 5. No. 8. Total CANDIDATES FOR REPRESENTATIVE. C. H. Fountain 100 100 J. C. Jones 67 17 84 S. W. Sullivan 1 1 R. M. Anderson 1 1 Total Precinct Vote 68 100 18 186 SELECTMEN. W. C. Armstrong 101 101 L. Drixley 67 18 85 E. Lambe 66 18 84 J. M. Luther 65 18 83 SHERIFF. E. C. Morse 101 101 J. Farewell 66 18 84 R. Abernathy 1 1 Total Precinct Vote. 67 101 18 186 TREASURER. H. Van Sickle 94 94 L. A. Smith 67 18 85 J. M. Henry 1 1 SURVEYOR. J. F. Long 100 100 P. C. Rector 45 18 63 William Justice, elected Justice of the Peace, Gold Hill; Alexander White, elected Constable, Gold Hill; Thomas Knott, elected Justice of the Peace, Carson City; George Wilder, elected Constable, Carson City. The returns were certified to as above on the twenty-fourth of September, by P. H. Lovel, County Clerk. Upon receipt by the Utah Governor, A. Cummings, of the election returns, he forwarded commissions dated November 15, 1859, for the successful candidates, with the following expressions, to the County Clerk, P. H. Lovel. He presumed the matter would eventually have to submit to a legal investigation, as there was no authority for calling the election; but as he was anxious to aid in organizing, he had forwarded the commissions. On the ensuing fourth of June, Judge Child addressed the following communication to Armstrong and Drixley, who had been elected Selectmen:— "I urge upon you the necessity of appearing immediately and taking the oath of office, from the fact that with the population now within the limits of Carson County it is indispensably necessary that we should have some law." None of the parties elected accepted the positions they were selected to fill, consequently the only legally authorized county officials in what is now Nevada, in 1859, and up to August 6, 1860, were J. S. Child, Probate Judge; P. H. Lovel* Clerk; S. A. Kinsey, Recorder; P. C. Rector, appointed Surveyor, March 1, 1860; D. G. Gloyd, Road Commissioner, appointed in February, I860'; A. Kinne, appointed Road Commissioner, February, 1860; James White, appointed Road Commissioner, April, 1860. *Succeeded in March, 1860, George McNeir. The attempt to organize under existing laws having proved a failure, let us return and follow the effort being made to institute a government unauthorized by law. RESUMED HISTORY OF AN ATTEMPT AT PROVISIONAL GOVERNMENT—DEATH OF JUDGE CRANE. The organization of a separate Territorial Government had been so far perfected as the adoption of a constitution and the election of officers and a Legislative body authorized by the instrument could accomplish such a result, as already narrated, when Judge Crane, the Congressional Delegate, died suddenly, at Gold Hill, of heart disease, on the twenty-seventh of September, and was buried at Carson City on the following day. Another election was called for November 12, 1859, to fill the vacancy, when, according to the Sacramento Union, J. J. Musser received for the position 935 votes, the balance being cast for different parties. Who those different parties were, or how many votes they received does not appear, but as Governor Roop in his message declared that Musser was "umanimously elected," it is safe to assume that no one attempted to run in opposition to him. Immediately after a convention of citizens counted the vote and declared the peoples' choice for Representative at Washington, Mr. Musser started on his mission to the National Capital. A few days after his departure Isaac Roop, having been declared elected Governor, subscribed to the following oath of office:— TERRITORY OF NEVADA. }ss. I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the Territory of Nevada, and that I will to the best of my ability perform all the duties of Governor of said Territory during my continuance in office. ISAAC ROOP. Subscribed and sworn to before me this thirteenth day of December, A. D. One thousand eight hundred and fifty-nine. F. M. PRESTON, U. S. Commissioner Second Judicial District, U. T. THE PROVISIONAL LEGISLATURE MEET AND ADJOURN. The Sacramento Union contains the following in regard to the session of that first Legislative Assembly in Nevada:— [By Telegraph to the Sacramento Daily Union.] GENOA, December 16, 1859. The first Legislature of the new Territory of Nevada met and organized last evening at the house of J. B. Blake, of Genoa. O. H. Pierson, of Carson City, was elected Speaker; H. S. Thompson, Clerk; and J. H. McDougal, Sergeant-at-Arms. The proceedings met with a great deal of enthusiasm. Governor Roop delivered his message, which will be published in the Territorial Enterprise of to-morrow. Several spirited resolutions were passed, and a committee of three was appointed to draft a memorial to Congress to expedite the formation of the new Territory. The Legislature then adjourned until the first Monday in July, 1860. GOVERNOR ROOP'S MESSAGE. To the people of western Utah included within the boundaries of the proposed Territory of Nevada:— Having been duly elected by you as Executive of the Provisional Territorial Government of Nevada Territory, and deeming it my duty to address you upon the subject of our separation from the curse of Mormon legislation, I present to you my reasons why an organization of the Provisional Government would at the present time be impolitic. At the time we were compelled to assemble in our sovereign capacity to endeavor to rid ourselves of the theocratic rule of Mormonism, we had no protection for life, limb, or property. We had in vain petitioned Congress for relief against the unjust and illegal attempts of Mormons to force upon us laws and customs obnoxious to every American. We had no courts nor county organization, save those controlled by the sword and satellites of the Salt Lake oligarchy; our political rights were entirely at the will of a certain clique composed of those who were opposed to the first principles of our Constitution and the freedom of the ballot-box. Under these circumstances, we endeavored to relieve ourselves from these impositions, and believing that a Provisional Territorial Government would best assure us protection to life, limb, and property, we held our election, and made all necessary arrangements for the formation of a temporary government until Congress should give us justice and protection. Since our election we have been deprived, by dispensation of Providence, of our estimable Delegate to Congress, James M. Crane, whose whole energies were devoted to the best interests of our people, and who carried with him to the grave the kindest wishes of us all, and who should have inscribed upon his tombstone: "An honest man, the noblest work of God." Within the past few months an attempt has been made by Judge Cradlebaugh to establish the United Slates District Court in this district. Coming among us as he did with the prestige of his noble stand against Salt Lake legislation, we at once yielded to him and his court all the respect accorded in any community. But notwithstanding all his endeavors, backed by the good wishes of the people, the so-called laws of Utah Territory have proved to him an insurmountable barrier. We have now en route to Washington as Delegate to Congress, to represent us and our wishes, John J. Musser, unanimously elected by the people to fill the vacancy occasioned by the decease of the lamented Crane, and in whom we all place the most implicit confidence. The recent discoveries of gold, silver, copper, and lead mines have caused an influx of population totally unexpected at the time of our late convention. The new immigration is composed of the bone and sinew of California—of men who are disposed to pay all due obedience to laws which extend to them a reasonable protection. Under the circumstances, but few members of the Council and House of Delegates have assembled in accordance with the call for their election. Now, therefore, I, Isaac Roop, Governor of the Provisional Territorial Government of Nevada Territory, believing it to be the wish of the people still to rely upon the sense of justice of Congress, and that it will this session relieve us from the numerous evils to which we have been subjected, do proclaim the session of the Legislature adjourned until the first Monday of July, 1860, and call upon all good citizens to support, with all their energies, the laws and Government of the United States. Done at Genoa, December 15, A. D. 1859. ISAAC ROOP, Governor. AFTER THE ADJOURNMENT. Mr. Roop continued to assume the duties of Governor after the adjournment. Most of his official acts being noted in this work under the head of "The Indians, and their Wars in Nevada." The only other instance known of his exercising such authority being in the issuance of the following military commission to M. S. Thompson, now a State Senator from Humboldt County:— NEVADA TERRITORY, ) Susanville, February 1, 1860. ) I, Isaac Eoop, Provisional Governor of Nevada Territory, do hereby appoint M. S. Thompson as my Aid-de-camp, to rank as Colonel of Cavalry, with pay and rations as such; this appointment to take effect from date. In testimony whereof, I have this day and date affixed my private seal, there being no public seal provided. ISAAC EOOP, Governor. [L. S.] The efforts of Mr. Musser, at Washington, fell short of obtaining immediate legislation favorable to his constituents, and he returned to Carson County. His influence, however, had left its impression, and served to give form and direction to a growing sentiment in Congress inimical to leaving other citizens of the United States under the unfriendly jurisdiction that had already, by the Mountain Meadow massacre, been demonstrated to exist in Utah under Mormon control. The subsequent development of Comstock mines, causing a large increase of population, but served to increase that feeling at Washington, and the breaking out of the southern rebellion culminated it in the Congressional Act of March 2, 1861, creating the Territory of Nevada. With the discovery of Gold Hill; with the discovery of quartz gold and silver mines; with the infant Virginia City born and named; with the consequent rush of population to the new El Dorado; with the first steps towards reorganization of Carson County; with the unsuccessful attempt to create a Provisional Government; with a large population struggling against the rigor of the severest winter ever known in the Great Basin; with western Utah shaking loose the old and putting on the habiliments of a new era, we close the narrative of 1859 to introduce that of 1860. Additional Comments: Extracted from: History of Nevada with Illustrations and Biographical Sketches of its Prominent Men and Pioneers Oakland, Cal.: Thompson & West 1881 File at: http://files.usgwarchives.net/nv/statewide/history/1881/historyo/chapterx33gms.txt This file has been created by a form at http://www.genrecords.org/nvfiles/ File size: 28.7 Kb