The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-09-23

grown. The judges were the first to
suffer, although Governor Edgerton was
the chief victim, notwithstanding 1T
was mainly through his individual effort
Montana became a territory, with it's
western boundary the summit Of h Bit
ter Root mountains, instead of the main
chain Of the Rockies.
Happily, our knowledge Of what tran
spired in that first session Of the legtS-
lature connected with the Rogers affair
is not dependent on the word Of any
one person, as can be seen by consult
ing the issues Of the Montana Post Of
December, 1864. From them we learn
the governor informed the committee
which waited upon him that he had a
communication to make the house when
it was properly organized. That is,
when all had taken the prescribed oath.
Rogers could not do this and frankly
stated his position in a document in our
historical library which I reproduce:
Territory Of Montana and County Of
Beaverhead.
ST, ]. H. Rogers, do solemrly swear that
I will support, protect, and defend the
constitution and government Of the
United States and the Organic Act Of
the Territory Of Montana against all
enemies, domestic and foreign; and that
I will bear true faith, allegiance and
loyalty to the same, any ordinance, reso-
luton or law Of any state convention or
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that I do this with a full determination,
pledge and purpose-withoUt any mental
reservation or evasion whatever, n
further that I will and faithfully per-
form all the duties which may be re-
quired of me as a member Of h House
Of Representatives Of the Territory Of
Montana.
so help me God.
(Signed) 81. H. Rogers.
Sworn and subscribed to before me
this 18th day of December, A. D. 1864.
(Signed) Geo. Detwiller,
Speaker Of the House Of Representa-
tives."
Some of those who claimed to be
friends of the governor. showed their
lack Of tact and good Judgment by tax
ing a bitterly partisan attitude towards
Rogers. Such a one was author OF a
letter signed Franklin" published in
the Montana Post Of December IL, 1864
After attacking Rogers, Franklin says.
But the governor was not only i'm
perturbable, he was also memorable. He
limited to the gentlemen (of the com
mittee), in a mild way, the anarchy
which might result if the Assembly
should fail to take this necessary pre-
Iiminary step in organization. This die
not move them. Then there was the
most distant i-nsinuation that he Law
allowed no to be paid who did no.
swear allegiance to the government thai
paid them"
This writer, in addition to other mis-
takes stressed allegiance to the govern
ment instead of the point at issue
namely, that Of Mr.. Rogers ability tt
take what was known as the "ironclaC
OATH" There could be no question o.
his willingness to swear allegiance tt
the government after he had taken oatl
to that effect.
On December %, another writer, als'
anonymous, after prefacing his letter t.
the Post with the statement that hi
political affiliations are directly oppose
to those Of Colonel Rogers, says d
"Franklin's" criticism Of the latter:
cit is unwarranted and unjust. tn
course pursued by Mr.. Rogers, in tn
vain endeavor to secur his seat, wa
honest, straightforward and manly.
heard him make the most sensible speed
which has yet been delivered in tn
house of representatives, in explanation
of the reason why he was unwilling t
take the prescribed oath, in which h
stated honestly and fairly that he coul
not fairly forswear himself, even if h
could acquire millions by taking it. II
professed himself willing to support an
defend the constitution and the laws c
the United States, since to them he owe
his allegiance, but could not swear tina
he had not taken up arms against them
This letter bore the signature {
"R. H." which were also the initials {
Robert Hill, the governors secretary
Whether he wrote it 1 cannot say, but
do know it voiced my fathers sentiment
touching this matter.
These two letters are faint echos {
what was transporting here during ths
first session Of the territorial legisls
ture, and from them and his W state
ment given above, the reader Of tode
. cannot fail to draw the conclusion thS
Colonel Rogers was a man who won tn
respect and admiration even Of hi
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