Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1939-07-15
Nv ERIC THANE

tous one in the history of
90 Montana. After more than %
years of wrangling and half-steps
towards statehood, that year, ex-
actly so years removed from 1889,
saw this vast rich region of noun
tains and plains joined to the union
as the 41st state. Thus was salts
fled the dreams of men who, years
before, had glimpsed the wealth
and future of "the land of shining
mountains" and here had established
homes and businesses and here sought
to carve their destiny from a wilder
ness as rough as any on the face OF
the earth.
on May 20. 1854, President Lincoln
signed the organic act, which set the
boundaries Of Montana and made 1t
territory-the boundaries which later
became the boundaries of the state.
Previously, the mountains and plains
of modern Montana had been part
of Washington, Idaho, Oregon and the
Dakotas, as well as the original pur-
chase of Louisiana which Thomas JET
ferSon had made in 1903 from France.
The organic act provided for terri
torial legislature and a governor, for
which latter position Sidney Edgerton
was selected. So it was that in 1854
Montana assumed separate person.
atty a country with boundaries and
a type Of government; but long trail
lay ahead before President Harrison
announced Montana fully qualified
state of the union.
It was a rocky trail beset with many
difficulties. AS provided by the organic
act the legislature met on Dec. II,
Il I1nr nlr nc n n.
ital. This was a logical choice since
Bannack was the center of gold rush
and consequently the population center
of the period. Edgerton, as governor
with power to veto or approve what I,
ever the legislature did, approved the |
choice, but turned his disapproval on |
other actions Of the legislature |
bill dividing the territory into districts
and fixing the number Of members in |
the governing body. He was Of the |
opinion that the democrats were given
too much power. At that time the
Civil war was drawing to a close and
there was considerable tense feeling
between democrats and republicans.
Capital Follows Crowd
The legislature continued into 1860,
and some important changes were
made to the acts OF the previous year.
The mines at Bannack had begun TO
play out; people flocked to new digg1ngs
at Virginia City. The legislature, rea-
soning that the capital should be in
The city of most population, designated
Virginia City as the new capital. On
Feb 5, 1865, the original counties OF
Montana were established
Edgerton Cater renamed Lewis ana
Clark, Deer Lodge, Beaverhead, Cal
ATTN, Jefferson, Missoula, Chouteau
and Big Horn. There was considerable
discussion concerning the possibilities
If a constitutional convention, as the
first step towards statehood but the
legislature adjourned without results
n this direction.
In the fall of 1865 Governor Edger-
on left Montana for several months,
md his place was taken by Acting
Governor Thomas Francis Meagher, a !
orIner Irish patriot, Irish exile, Civil !
var hero who lately had been sent :
o Montana. A number of persons, !
nxious to have the territory a full !.
tate, petitiOned him to call conStt- :
utional convention, which he did. He J
made number of mistakes, however, : :
hitch resulted In the llegality OF the E
hole proceeding: He named as place
meeting the city Of Helena, which 6
i'd not become territorial capital until 2
years later; he decided the number .
delegates arbitrarily upon the basis s
counties and ignored one county .
together, thereby rouSlng such dis +,
abstraction that when the delegates :,
let in Helena, April 8, 1856, there !,
ere vacancies from Deer Lodge and y
Cssoula counties, and five delegates g
d not appear at all. :,
When 1t came time for those dele n
ateS that were present to take oath, "
difficulty occurred. Members to con- a,
itutional conventions, according TO Fl
WIS of the United States, must have ..
lot borne arms against the govern (,
emit" The Civil war had Just ended y;
Id Montana mining camps were full =,
men who had served the Confeder- !"
y; a number of these were among
e delegates. In this dilemma John re
Shober, representative from Edger- ~
n county, suggested the oath be ~
Ianged to leave out the offending ~
auSe, which was done. The conven- ~
N got under way at once. ca
Constitution is Drafted NJ
Robert @. Ewing was chosen presi- az
Mt, and Horatio NJ Mcguire was IN
scted secretary A constitution, pat Gu
med after that Of the state of Cal nI
'rnia, was drafted and sent TO st. 50
uis, NO. in care of Thomas E. Tut, M
delegate from Edgerton county. There Su
S a single copy Of the document,
it was the Intention Of the con- tai
ntion to have 1t published In st. tn
uis. Legally a second copy should tai
We been made and filed with the CO.
- ".