HISTORICAL SKETCH

OF

NEVADA TERRITORY.

[From J. Wells Kelly, First Directory of Nevada Territory (1862)]

__________

            THE Territory of Nevada was created by Congress from the western portion of Utah, by an Act approved March second, eighteen hundred and sixty-one. It is bounded by the thirty-seventh and forty-second degrees of north latitude, and by the thirty-ninth and forty-third degrees of longitude west from Washington ; or, adopting the more usual mode of computing longitude, by the one hundred and sixteenth and one hundred and twentieth meridians west from Greenwich. It has, therefore, Oregon on the north, Utah on the east, New Mexico on the south, and California on the south-west and west, and contains about sixty-five thousand square miles.

            It is provided in the Organic Act, that, with the consent of the State of California, the thirty-seventh degree of north latitude, forming the southern boundary of Nevada Territory, may be continued west to the dividing ridge separating the waters of Carson Valley from those that flow into the Pacific ; then following northwardly along this divide to the forty-first degree of north latitude ; thence due north to the Oregon line : an arrangement which, if carried out, would add to the area of this Territory something like ten thousand square miles. There is a slight inconsistency in speaking of the waters of Carson Valley in this connection, since the point where this line, if continued in the manner proposed, would strike the summit of the Sierra, is more than one hundred miles south of those

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waters. The streams on the eastern declivity of the mountains in that neighborhood, all run in an opposite direction from Carson Valley towards that of Owen's River ; but, as the intent of Congress is obvious, the error is unimportant. A commission consisting of Governor Nye, Isaac N. Roop, and R. M. Ford—the latter two gentlemen members of the Legislature of Nevada—was appointed at the late session of that body, to pro-deed to California, and procure, if possible, favorable action on the part of the Legislature of that State in the premises. The alteration, if assented to by the people of California, would, beside securing to both countries a more easily recognized and natural boundary, greatly promote the convenience of those now inhabiting the Territory in question.

            The whole of Utah, prior to its acquisition by the United States, was a portion of the Mexican Department of Alta California, and as such, contained scarce any white population at that day. The first settlement made within its limits, except, perhaps, some few Catholic Missions, was that of the Mormons at Salt Lake. Portions of this people passing back and forth between California and Salt Lake, so early as eighteen hundred and forty-eight, being attracted by the fine lands in Carson Valley and vicinity, stopped, and making homes there, became the pioneer settlers, also, of what is now Nevada Territory. At that period, or shortly after, several families settled in Carson and Washoe valleys, one or two also locating in Eagle Valley, where Carson City now stands. Two hamlets—Genoa in Carson, and Franktown in Washoe Valley—gradually sprang up. The former was long known as the Mormon Station, a name that was not laid aside until quite recently ; some of the older residents adhering to it still. In these remote and quiet valleys, undisturbed by the mandates of the church, and shut out from the world, these simple and deluded, but frugal and industrious people, continued to live for several years, when in eighteen hundred and fifty-five a command issued from Salt Lake, for the faithful everywhere to repair to that place, in order to escape the doom then impending over the Gentile world.

            Ignorant and superstitious, these poor creatures, hastening to obey the behests of the vile impostor, Brigham Young, sacri-

HISTORICAL SKETCH.       19

ficed their property—giving it away, or selling it for almost nothing—and abandoning their peaceful and prosperous homes, hurried off, as they supposed, to the only place of safety. Nearly all left—not more than half a dozen families out of thirty or forty remaining. After they were gone, their deserted houses and gardens, and half-gathered grain fields, presented a melancholy sight. More melancholy still, was the cause that had led to this abandonment and sacrifice !

            On their reaching Salt Lake, it is useless to say, they soon discovered how grossly they had been deceived and imposed upon. They also discovered, what filled them with disgust and alarm, that polygamy, thus far an institution unheard of by these outside saints, and wholly abhorrent to their feelings, had been ingrafted upon the creed of the church, and reduced to practice by its leading members. Already Young and his lecherous crew had supplied themselves with numerous concubines, with whom they were living in unrestrained and open debauchery. Heart-sick and mortified, to their credit be it said, many of these poor and abused people turned their backs upon this den of lust, and, cursing their deceivers, made their way back to Carson, where they arrived stripped of everything, and to find their old homes occupied for the most part by others. While they were away, the growing trade with the Overland Immigration, and still later, the discovery of the Washoe mines, had invited a considerable population over the mountains, and these returning pioneers found themselves excluded from the fields they had inclosed, and strangers in the land they had first settled. Having thus lost their possessions, and the prestige attending their early advent on the Eastern Slope, the Mormon element and influence gradually disappeared, until they are now no longer, as aforetime, either feared or felt.

            From the time our citizens began to cross the mountains, or some few immigrants to tarry on that side for the purpose of settlement, now some eight or ten years ago, until a political separation took place, they were constantly insulted and harassed by the authorities at Salt Lake, who looked upon them as interlopers and aliens. These dignitaries, as soon as they found the Gentiles—as they impudently style those not contaminated with the Mormon pollution—multiplying in Western

20        DIRECTORY OF NEVADA TERRITORY.

Utah, grew uneasy, and sought to discourage their further increase, by resorting to every species of annoyance in their power.

            Ignorant as they were, they understood enough of human nature and history to know that Republicanism and Theocracy—civil liberty and spiritual despotism—the dogmas of Mahomet and the teachings of Christ—were naturally antagonistic, and that their followers could not dwell together in peace ; hence, a regular system was adopted, and the most strenuous efforts put forth, to drive out such of our citizens as had already settled in the Territory, and to deter others from coming in. To this end, laws obscure, partial and absurd, in conflict with the Organic Act, and repugnant to the moral sense of our people, were passed ; exclusive charters were granted, securing to the dignitaries of the church timber lands, mill-sites, herd grounds, and other special privileges; unlimited jurisdiction, both civil and criminal, was conferred on obscure courts presided over by persons of the grossest ignorance and the meanest capacity ; inferior officers were invested with powers superseding the authority of those appointed by the General Government; the Indian tribes were stirred up to hostilities, and encouraged to depredate upon the defenceless immigrants, and to plunder and murder the whites wherever they were found ; trial by jury was virtually abolished, and finally, to defeat the administration of justice more effectually, and shut out the Americans from all participation in public affairs, the County of Carson, formerly organized by statute, was again dismembered, and its records removed to Salt Lake, the Capital of the Territory, more than five hundred miles away.

            With these usurpations and outrages, the Mormons of Western Utah, as a body, had very little to do, being themselves in bad odor with the authorities for their contumacy in refusing to adopt the cherished dogmas of the church, yet they continued to be objects of suspicion and dislike amongst the Gentiles, being forced to bear the odium attaching to the acts of those in power, and to share the prejudice naturally excited by the very name they bore. Thus, for several years after their return, there were constant bickerings and strifes between them and their neighbors, not only growing out of religious opinions,

HISTORICAL SKETCH.       21

but also personal and political matters, tending to evince, what subsequent events have confirmed, that their differences were too radical ever to be reconciled. Meantime certain local matters had led to misunderstandings amongst the settlers themselves, wherein the Mormons having taken sides with the weaker party, whatever of the ancient prejudice against them had been abated, was fully restored.

            For a long time Carson Valley had served as a refuge and hiding-place for certain disreputable parties engaged in running off strayed and stolen stock from California. Owing to its remote, and at that day all but inaccessible situation, it afforded a safe retreat to these depredators, the owners of the property scarcely ever making pursuit. After resting and feeding for a few days, this stock was driven thence to Salt Lake, generally by obscure routes, well known to the Mormons, who frequently took a hand in this business; or being herded for a time in some of the valleys about Carson, it was afterwards disposed of to the traders coming in, or driven into California at remote points and sold.           This same class did not scruple in like manner to prey upon the overland immigration, picking up such cattle as had strayed from camp, or through weakness faltered behind, or, where opportunity offered, stealing them outright. These dishonest practices were not engaged in by the actual residents of the valley, who sought, as far as possible, to suppress and discourage them, being, as a general thing, an honest and honorable class of men, though not remarkable for industry and thrift. To this latter remark, however, there were exceptions, a considerable number of these people being hard-working, enterprising, and well to do in the world.

            For years these outrages had been going on with impunity, to the great scandal of the old settlers, when at length they culminated in one of unusual atrocity, and which, being attended by circumstances of both pillage and murder, aroused the entire community and brought down upon the perpetrators deserved and summary punishment.

            In the year eighteen hundred and fifty-five, a Frenchman had brought over from California a large drove of cattle which he was herding on the Truckee. There was, among the early

22        DIRECTORY OF NEVADA TERRITORY.

residents of Carson Valley, a man named William Thorrington, who lived near the head of the valley, on the farm now owned by Judge Smith, one of the best in the country. By sharp, and as many supposed not altogether legitimate practices, this man had accumulated a handsome property, being the owner of several fine tracts of land and a large number of cattle. He was suspected of having been engaged in a variety of unlawful acts, from which, having, as he boasted, always escaped scot-free, as well as from his general success in business, he came to be known by the soubriquet of " Lucky Bill." He was distinguished for his social traits of character, being hospitable and obliging, besides an exceedingly jovial and companionable fellow ; and thus, living with his wife and children, he was generally well liked in a community not apt to be squeamish in their notions, or to worry themselves over rumors disparaging to their neighbors. In fact "Lucky Bill" was rather a favorite in the valley, and might have lived on in peace and prosperity, had not his cupidity got the better of his judgment and honesty.

            Among those who were in the habit of visiting Carson for the purpose of trading and speculating in stock, was one Edwards, who was intimate with Thorrington, often dealing with him and stopping at his house. This man was desirous of buying out the Frenchman, and had visited him on the Truckee for that purpose, but not being able to agree about the price, returned and reported the same to his friend. The latter suggested a mode by which that difficulty could be gotten over, being none other than a plan for murdering the owner and seizing his stock, a scheme that Edwards at once concurred in and proceeded to carry out. He again visited the Truckee, and having decoyed the Frenchman a distance from his camp, shot him and concealed the body. His cattle and effects were then seized and duly divided between the guilty parties, a forged bill of sale having previously been made out, transferring them to Edwards.

            For a time all was quiet, and the affair adroitly managed seemed finally disposed of, when the friends of the murdered man in California, not hearing of him, began to get uneasy, and at length instituted inquiries as to the cause and manner

HISTORICAL SKETCH.       23

of his disappearance. The body was found, the cattle traced up, and the whole affair brought to light. "Lucky Bill" was arrested by a party of citizens, his accomplice having already made his escape. The people hearing of the bloody deed became generally aroused ; a Vigilance Committee was formed, officers chosen, and a temporary court instituted for the trial of the offender. After a patient and impartial hearing of Thorrington's case, he was convicted of murder and sentenced to be hung. Meantime there was a strong desire on the part of certain citizens to secure Edwards, who, though no more guilty than his associate in this particular case, was known to be a bad and dangerous man. It was believed that Thorrington, as well as his son, a lad some sixteen years old, knew where he was concealed. They therefore worked upon the hopes and fears of the latter, hinting there might be a chance of his father being spared could Edwards be taken. The boy agreed to divulge his place of concealment on condition that his father should be saved. But knowing Edwards to be a powerful man, well-armed, and that if attacked he would make a desperate resistance, it was not deemed sufficient that the lad should point out his hiding-place, but he was also required to decoy him into the valley where be could be more easily overcome. Under the strong instinct of parental love, even this was consented to, though every one knew, and none better than the boy himself, that it was a most delicate and dangerous undertaking. Accordingly at night he proceeded alone to a secluded spot in the mountains west of Genoa, and there had an interview with Edwards, telling him that his father, whose arrest he concealed, desired to see him at a certain place, that they might concert measures for their safety.

            Edwards seems to have had an idea from the first that this was a device for ensnaring him, and refused to listen to the boy's story ; but his suspicions being partially allayed by the lad's persistence and earnestness, he finally consented to go, telling him that if he found himself betrayed, he would shoot him the first thing he did. With this understanding he left his covert, and the two proceeded to a lonely ranch owned by Thorrington, near the forks of Carson River. Here, concealed in the house, a party of men lay in wait for him. A little

HISTORICAL SKETCH.       25

after midnight Edwards reached the place, and advanced cautiously up the lane, his double-barreled gun leveled before him, and his other arms in readiness ; on reaching the door, the place no doubt being familiar to him, he paused and listened, then carefully pushed it open and entered. The moment he passed the threshold, a powerful man standing behind the door with an uplifted club felled him to the floor, when others seized and secured him. Being taken before the same body that had tried his accomplice, he also had a hearing, and was, in like manner, condemned to be hung.

            The carrying out of these sentences caused a great commotion throughout the country, there being considerable diversity of public sentiment on the subject. A majority were of opinion the culprits should both be summarily executed ; some had misgivings about hanging Thorrington after the implied promise given his son that his life should be spared ; while a few thought the whole matter should be handed over to the courts to be disposed of according to law. But the mass of the people knowing the courts to be but a delusion and a snare, and believing that their own safety and good name, as well as the demands of justice, required these men should expiate their crimes upon the gallows, preparations were made for carrying out their will in an effectual and becoming manner. The place selected for the execution was a beautiful bottom on the river, near the confines of Eagle and Carson valleys, known as Clear Creek Ranch. Here, in presence of a majority of the inhabitants, beneath the blue skies of Utah, these unfortunates met their doom with a coolness and self-possession worthy better men and a less ignoble fate.

            From the divided sentiment on this issue two factions sprang up, the one known as the "Vigilance," and the other as the "Anti-Vigilance," or "Law and Order Party ;" a condition of things that kept the community in a constant ferment, leading to much controversy and personal strife. But with all their stern dealings with malefactors, and struggles for reform, the people being virtually without a government, enjoyed neither legal protection or political repose ; hence, they began to agitate the subject of a separation from Utah, and the erection of a new Territory out of its western half. James M. Crane, who had taken up his residence in Carson Valley, in eighteen hundred and fifty-seven, was that year elected a delegate to proceed to Washington, and urge upon Congress favorable action in the premises. Being thoroughly acquainted with the situation and wants of the people, as well as conversant with the resources of the country, he was admirably qualified to present their case intelligently before that body, and to effectually urge a compliance with the popular desire. But the politicians of that day were too much absorbed with personal schemes and partisan measures to pay any attention to the wants of a distant and isolated community, or to make any provision for their relief; hence, Judge Crane, after the most earnest and indefatigable efforts, returned from Washington, without having been able to accomplish the object of his mission.

            Upon his return, the people despairing of aid from the General Government, commenced to seriously contemplate the question of dissolving their political connection with Utah, and creating a provisional government, after the manner of Oregon, in eighteen hundred and forty-three, and in the hope that it would subsequently be approved by the Federal Congress. This project having been much discussed during the spring of eighteen hundred and fifty-nine, a mass meeting was held in Carson City, June sixth, whereat it was resolved to call a Convention of Delegates, chosen from all parts of Western Utah, to assemble at Genoa on the eighteenth of July, to take into consideration the condition of public affairs, and adopt some mode of relief. This call not being very explicit as to the objects of the Convention, and the extent of their powers, there was a wide diversity of opinion on these points when the members came together. A majority took the view that they had been called together for the purpose of drafting a declaration, embodying their reasons for withdrawing from any longer connection with the Government of Utah, and framing a Constitution to be submitted to their constituents for their consideration. A minority, though composed of nearly two thirds of the members, thought this no part of their present business, but that they had simply been elected to issue a call for a Constitutional Convention, and adopt regulations for its being properly conducted, the members thereof

26        DIRECTORY OF NEVADA TERRITORY.

to be subsequently chosen by the people; and for the further purpose of canvassing in Committee of the Whole, the returns for Delegate to Congress, an election for filling that position having recently been held.

            The majority, however, proceeded to carry out the programme of the Convention, according to their own views, by the drafting of a Declaration and Constitution to be submitted to the people thereafter. The Constitution is very similar to that of California, being the counterpart of that instrument in all its important features. The Declaration, which sets forth in a succinct manner the grievances impelling to a separation, is as follows:

DECLARATION.

                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 constitutional government and institutions of our country ;

                They have declared war against the Government of the United States;

                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 courts the violators of the law, when such violators were Mormons ;

                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 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 imbrued their hands in the blood of our citizens while they were peaceably 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, and forced us frequently to open war with them.

HISTORICAL SKETCH.       27

                We further consider that the dangerous 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 applied 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.

            The officers and delegates to the Convention, to the number of forty-seven, signed the Constitution, some of the members refusing to sign, and others doing so under protest. The protest, which was placed on record, signed by twenty-two of the members, set forth that the framing of a Constitution was an unwarrantable assumption of power, and that the spirit of the call under which the Convention assembled had thereby been violated. On the seventh day of September, this Constitution, having been submitted to the people at a special election, was adopted by a large majority of the votes cast. The vote, however, was a light one, many being dissatisfied with the action of the Convention, and not going to the polls at all, while others looked upon the entire movement as inexpedient and unlawful. Besides, by the time an election came off, the newly discovered silver mines, looming into importance, had attracted a fresh population over the mountains, who, not sympathizing with these radical proceedings, failed to take part in them. There was, moreover, one feature of the new Constitution which, had Congress ever been disposed to regard it with favor, would have rendered it a practical nullity. In defining the boundaries of the new Territory, which had been named Nevada, its founders had adopted the following limits:

            "Commencing at a point on the Sierra Nevada Mountains, where the forty-second degree of north latitude touches the summit of said mountains ; thence southerly with said summit to the thirty-fifth degree of north latitude ; thence east on said parallel to the Colorado River; thence up said river to its junction with

28        DIRECTORY OF NEVADA TERRITORY.

the Rio Virgin ; thence up said Rio Virgin to its junction with Muddy River; thence due north to the Oregon line ; thence west, to the place of beginning."

            From this it will be seen they were pleased to take in not only a much larger portion of Utah than is included in the present Territory of Nevada, but also about one tenth part of the State of California, and a large portion of New Mexico ; an arrangement that never could have secured the approval of Congress, or the consent of California.

            Prior to adjourning, the Constitutional Convention proceeded to canvass the votes cast for Delegate to Congress, an election by the people having just been concluded. There were but two candidates in the field, James M. Crane, and Frederick Dodge, United States Indian Agent. It was found that four hundred and thirty-nine votes had been cast for the former, and three hundred and seventy-eight for the latter ; whereupon Crane was declared duly elected. Much dissatisfaction was felt by the friends of Dodge at this result, they believing that the large vote—one hundred and nineteen—cast for his competitor by the incoming immigration, at the Sink of the Humboldt, was illegal. The supporters of Crane met this objection by asserting that the same thing had been practiced by his opponents in divers precincts, and that no great injustice had probably been done, the frauds of one party being fairly met by those of the other. And so the matter rested, the certificate of election being, meantime, conferred upon Crane. But little did these official honors, so eagerly sought and so hardly contested for, avail the recipient. On the night of the 26th of September, when on the point of departing for Washington, he was suddenly stricken down by the hand of death, while passing the evening with a party of friends, at Gold Hill.

            The death of Judge Crane was a serious loss to the new Territory. Not so much in a political, perhaps, as in a material point of view. Having spent several years on the "Eastern Slope," traveling much, and closely observing everything he saw, he was better posted in regard to the resources and capacities of that region—its condition, wants and prospects—than any other man. Then, too, he had the education, the enthusiasm, and the energy of purpose, to turn all these observations and acquirements to a practical account, wherefore he was

HISTORICAL SKETCH.       29

endowed with both the disposition and the ability to be of incalculable service to a new and opening country.

            This gentleman, having been one of the pioneers, and among the earliest to examine into and write about the country now constituting the Territory of Nevada, and the first Delegate ever sent to represent the inhabitants in Congress, deserves more than a mere passing notice in our sketch, brief as the latter must necessarily be.

            Judge CRANE, who was a native of Virginia, came to California in eighteen hundred and fifty, and was about forty years of age at the time of his death. He was a printer by trade, and, as is common with that craft, a man of large and varied information. He was conversant, not only with the current politics and questions of the day, but also with general literature, and the political history of the country. In short, he was a student and lover of books, and had found time during the pursuits of business to train his mind to careful thinking, and enrich it with learning. On his arrival in California he settled in San Francisco, and soon after started the first Whig paper on the Pacific Coast—The California Courier—he being an old line Whig of the conservative Henry Clay school. This able and popular paper owed much of its success to his pen, but the party upon which it was mainly dependent for support, having at length been dissolved, this most excellent journal perished with it ; after which Judge Crane, as did many of his political confreres, kept aloof from the partisan organizations of the day, acting independently, or lending their support to such measures alone as met their approval. After the discontinuance of the Courier, he wrote much for various papers, either as editor or contributor, and in eighteen hundred and fifty-five commenced the work of compiling a series of lectures on the early discoveries and explorations on the Pacific coast ; a work of great research, which led him into a thorough and careful examination of all the old Spanish books and records connected with the subject. These lectures were delivered in California, and afterwards in the principal towns of the East, everywhere attracting much attention and favorable comment. Having collected a large amount of matter, and his mind being deeply engaged in this branch of inquiry, he determined to publish a book upon the

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same subject. Accordingly, he traveled much over California, and was finally drawn over the Sierra Nevada in the prosecution of his enterprise, his friend, Major Ormsby—having casually met him at Marysville, and being himself a resident of the "Eastern Slope," and a great believer in its destiny,—persuaded him to accompany him to his home on the other side.

            Here a field opened exactly suited to the purposes and enthusiastic soul of Crane. Unexplored and unknown, the vast deserts traversed by numerous chains of mountains, and inhabited by savage races, stretched out on every hand, inviting the daring and hardy adventurer to penetrate their depths and reveal their hidden secrets. Well he knew this was a land of traditionary wealth, into which the early Spaniard had pushed his way centuries ago, and about which many a legend of marvelous riches had been told. Here, far across the burning sands, were the ruins of famous cities—Balbecs and Palmyras in the desert—while mountains of gold, guarded by powerful tribes, shone in the distance. Such were the tales floating through tradition and chronicled in history, concerning the Great Basin ; certainly sufficiently wild and exciting to arrest the attention of one less dreamy and imaginative than Crane, and awaken within him a strong desire to explore its strange solitudes.

            Upon his arrival on this side the mountains, Judge Crane at once set out to examine the country, visiting various localities, collecting information, and acquainting himself with the views and wants of the people. It soon became apparent that the prevailing social and political disorder resulting from a want of laws, and a suitable form of government, was ruining everything, and defeating the progress of the country. As the creation of a new Territory, and a total separation from the Mormons, had now become an obvious political necessity, it was resolved, on the part of the leading inhabitants, that a suitable person should be sent to Washington, to represent the desires of the people, and true condition of affairs to Congress, and urge upon that body the passage of an act creating the western portion of Utah into a separate Territory. Judge Crane was unanimously chosen to fill this honorable and responsible posi-

HISTORICAL SKETCH.       31

tion, and at once set out for the National Capital, where he exerted himself to the utmost to carry the measure. With the Kansas question, and the Mormon war on their hands, Congress had little time or inclination to listen to propositions for creating more Territories—those already formed being a source of so much vexation and trouble ; hence, although Judge Crane, by his persistence, and the favorable light in which he placed the whole subject before Congress, won many of the members over to his views, and prepared the way for the subsequent success of this measure, he did not at that time carry his point. Returning to his constituents he was again chosen delegate, the country having, in the meantime, received a mighty impetus by the discovery of the silver mines, which fired him with a new ambition for its independent organization, when, as has been related, he was suddenly cut off, in the prime of life, and in the midst of his useful and arduous labors.

            Late in the fall of eighteen hundred and fifty-nine, John J. Musser was elected to fill the vacancy occasioned by the death of Judge Crane, and shortly after went on to Washington, where he remained nearly a year, without accomplishing or even advancing the object of his mission. On his return from Congress, the people, now largely composed of new-corners, despairing of any relief in that quarter, concluded to re-organize the County of Carson, and electing officers, to set the machinery of a local government once more in motion, believing that even. Mormon laws and authority were better than none—the Provisional Government brought into existence by the adoption of the Constitution framed in June, eighteen hundred and fifty-nine, having in the meantime been abandoned.

            This abandonment of the infant government did not take place, however, until an election for Governor and Members of the Legislature had been gone through with, and the officers chosen thereat had first met and essayed a performance of their functions. On the fifteenth day of December, eighteen hundred and fifty-nine, they convened at Genoa, the then capital, and having organized, with no little éclat, and received the first annual message of Governor Roop, they proceeded to pass a variety of resolutions, appointed a committee to draft a memorial to Congress, urging a speedy recognition of the new

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Territory, and then adjourned. This, their first adjournment, however, proved to be final ; Governor Roop having, on the day of their meeting, sent a message to the Legislature, wherein having first set forth the causes that justified the action they had taken in establishing a separate government and adopting a Constitution, he recounted the events that had since transpired, such as the discovery of the new mines and consequent influx of a large and unexpected population—the arrival of Judge Cradlebaugh, and the small number of the Legislators that had seen fit to attend—all creating a set of circumstances so unlike those by which they were originally surrounded, as to render it inexpedient and impolitic to proceed further with their labors at that time, and pronouncing the Legislature adjourned until the first Monday in January. Amidst the excitement attendant on mineral discoveries, and the stirring incidents connected with the Indian war that soon after followed, but little further was ever heard of this Legislature or new Territory of Nevada, which have been thus noticed, more to advise the reader of their existence and mode of disappearance, than because of their intrinsic importance.

            With the finding of the silver mines in the summer of eighteen hundred and fifty-nine, additional hope was imparted to the inhabitants, and new life infused into every branch of business in Western Utah. With the population and capital these would attract, it became evident the country must soon assume an importance that would insure such action on the part of the General Government as would result in speedy and permanent relief. All classes, therefore, became patient, and further effort for a separate Territorial organization was, for the time being, relinquished—some talk was kept up of an incorporation with California, a measure that had before been agitated, but receiving little encouragement in any quarter, had never much promise of success. With the opening of the mines money came freely into the country, expanding trade, setting on foot extensive improvements, and everywhere starting up new industrial pursuits, and every interest and calling seemed on the flood-tide to prosperity, when all received a sudden check in one of those unaccountable panics that sometimes overtake an entire community, misled by the counsels

HISTORICAL. SKETCH.      33

of the inconsiderate, and bewildered by their own groundless fears.

            In the early part of May an Indian massacre was perpetrated at Williams' Station, sixty miles below Genoa, wherein four whites lost their lives. The deed, though no doubt provoked by the grossest outrages previously committed at that place upon the Indians, called for prompt and severe punishment, since it would not do to allow the savages to redress their wrongs in this way, and several of those slain were innocent parties. It therefore became necessary to ascertain what particular individuals or tribe had committed the act, and call them to account. It was proposed by the more prudent and. humane that a number of old settlers, well acquainted with the Indians, and who had volunteered for the service, should go and have an interview with their chiefs, and learn whether the killing was done with their knowledge, and if not, to demand the surrender of the guilty parties. This proposition, however, was overruled by the multitude, and an indiscriminate war set on foot against the Indians. For three months hostilities or such a state of terror prevailed, as to prevent all successful prospecting of the mines, as well as to seriously interfere with many other kinds of business. Thus the best season for operations having passed by, an entire year was lost just as Washoe, the beautiful and appropriate name given to the country, had entered upon a brilliant and prosperous career. With these Indian disturbances came general derangement of business and great depression of the mining interest, which, being followed by a severe winter, the spring of eighteen hundred and sixty-one found Washoe in a condition every way deplorable, and almost causing its friends to despair of its future. But with good weather and quiet these evils soon vanished; business revived, confidence was restored, and general prosperity ensued.

            In the spring of eighteen hundred and sixty Judge Cradlebaugh, one of the United States District Judges for Utah, arrived in Washoe, having been assigned to this District. He soon after opened his Court, appointing such officers as fell within his jurisdiction, but as every thing was in confusion, and all matters had to be adjudicated according to the statutes

84        DIRECTORY OF NEVADA TERRITORY.

of Utah, very little civil business was done. In August the people of Carson County, which then embraced all the inhabited portions of Western Utah, having been practically without any government, determined to hold an election and fill the various county and town offices heretofore vacant. This was accordingly done, but it did not result satisfactorily, as the officials were obliged to be governed by, and to carry out, the odious Mormon law, which all regarded with dislike; and when coming in conflict with their interest treated with contempt. Wherefore, the reorganization of the county, as it was termed, was generally considered a failure, and great was the rejoicing amongst all classes when it was known that Congress had passed an act creating the Territory of Nevada out of Western Utah, and providing for the inhabitants a suitable government. In anticipation of a less objectionable class of public functionaries, and a better code of laws, nearly all proceedings in the higher Court were suspended, and as little judicial business transacted elsewhere as possible.

            In July, eighteen hundred and sixty-one, Governor Nye and most of the Federal appointees arrived in Nevada, and entered upon their official duties, and the people of this neglected and distracted Territory began for the first time to enjoy the blessings of personal security and political repose. A census of the Territory having been taken in accordance with the requirements of the Organic Act, an election for choosing members of the Legislature and a Delegate to Congress, was ordered, by proclamation of the Governor, to come off on the thirty-first day of August. At this election Judge Cradlebaugh was chosen Congressional Delegate, and a full complement of Legislators selected. Tuesday, October first, was the day fixed upon by the Governor for the meeting of the Legislature, at which time, having convened, .they proceeded during the session of sixty days to which their sitting was limited, to enact a full and very acceptable code of laws, besides passing several acts incorporating parties engaged in prosecuting a variety of useful improvements.

            All the offices in the Territory, except those filled by Federal appointment, becoming vacant on the adjournment of the Legislature, the same were filled by Governor Nye, to hold until

HISTORICAL SKETCH.       35

those chosen at the election to come off in February should qualify. The Legislature having created the usual number of county and town offices, an election was appointed to be held throughout the Territory on the fourteenth day of January, eighteen hundred and sixty-two, for filling the same, which was accordingly done—a list of the officers chosen thereat being given elsewhere in this work.    On the 10th day of February, these officials having qualified, were duly installed, and thus was brought into action, for the first time, in this rent and abused country, a system of government perfect in all its parts and appliances. Oppressed with anarchy, and treated with contempt, long denied the protection of law, and virtually out of the Union, the inhabitants, now that they were to be recognized as Christians, and treated as American citizens, hailed the new order of things with unspeakable satisfaction, since in it they saw a period to the reign of danger and misrule which had so long kept them in a state of terror and unrest.

            With a stable government and a good code of laws, with an experienced, able, and honest Executive, delivered from anarchy, and out of debt, possessed of cheap lands and rich mines, if they fail to advance rapidly on the road to wealth, and finally to become rich and prosperous, it will be because they are unequal to the high destiny within their reach, and unworthy the opportunities with which they are surrounded; and, however they may meet with temporary embarrassments and transient reverses, it is not too much to believe that they will turn those manifold advantages to account, and secure for themselves and their children the successful, honorable, and happy future, that so obviously awaits them.