north of the middle of the main channel of the Columbia River, from its mouth to where the fortysixth degree of north latitude crosses said river near Fort Walla Walla; thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains." This included all the territory of the present state, the north part of Idaho, and the western part of Montana.

65. Provisions of the Act. The act creating the territory provided for a governor, to be ex-officio commander-in-chief of militia and superintendent of Indian affairs; a secretary, a supreme court of three judges, an attorney, and a marshal, all to be appointed by the president for a term of four years. It also provided for a delegate to Congress, whose first term was to last only during the Congress to which he was elected. A territorial legislature was created with two branches—a council of nine members elected for three years the first members to serve one, two, and three years, decided by lot among them; and a house of eighteen members, elected for a term of one year. Twenty thousand dollars were appropriated to defray. the expenses of a census, after the taking of which the governor was to apportion the members of the legislature and call an election to choose them and the delegate to Congress. The first legislature was to meet at any place the governor might select, and was then to fix the seat of government. Five thousand dollars were appropriated for public buildings, and the same amount for a library. County and local officers then serving were to hold their positions

until their successors were chosen under acts to be passed by the legislature of the new territory. Causes were to be transferred from the Oregon courts, and the territory was to be divided into three districts, in each of which one of the supreme judges was to hold a district court. Sections 16 and 36 of the public lands, or their equivalent, were given to the territory for the benefit of the public schools.

66. First Territorial Officers. President Pierce soon after his inauguration appointed the following named officers for Washington Territory: Governor, Major Isaac I. Stevens, of the U. S. Engineers; Secretary, Charles H. Mason, of Rhode Island; Attorney, J. S. Clendennin, of Mississippi; Marshal, J. Patton Anderson, of Tennessee; Chief Justice, Edward Lander, of Indiana; Associate Justices, Victor Monroe, of Kentucky, and O. B. McFadden, of Pennsylvania.

GOVERNOR STEVENS' ADMINISTRATION.

67.

1853 TO 1857.

Stevens' Proclamations. The war department had placed Major Stevens in charge of an expedition to survey a northern route for a transcontinental railway, and he was occupied with that work during the summer and autumn of 1853. On September 29th, 1853, Stevens crossed the boundary line of the new territory at the summit of the Rocky Mountains, where he issued a proclamation declaring the act of Congress and assumed his duties as governor. Hẹ

arrived in Olympia in November, and on the 28th issued a second proclamation dividing the territory into judicial and legislative districts, and calling an election to be held on the 30th day of January, 1854, for the election of a delegate to Congress and members of the territorial legislature.

27th of February, 1854, for the legislature at Olympia.

He appointed the

convening of the

Marshal Ander

68. First Election in the Territory. son arrived in the Territory in 1853, and during the summer of that year had taken a census, as provided by act of Congress creating the territory. His returns showed a total population of 3965, of whom 1682 were voters. For the election to be held in January, 1854, the Democratic party nominated Columbia Lancaster, of Clarke County, for delegate to Congress. The Whig party nominated W. H. Wallace, of Pierce County. M. T. Simmons, of Thurston County, was an independent candidate for this office. Lancaster was elected, receiving 690 votes. Wallace received 500, and Simmons 18-a total vote of 1208.

69. Meeting of the First Legislature. The first legislature of Washington Territory convened at Olympia on the 27th of February, 1854. The Democratic party had a majority of one in the council and of six in the house. G. N. McConnaha was chosen president of the council, and F. A. Chenoweth speaker of the house. Olympia was chosen as the capital of the territory. This legislature also created several new counties, retaining the names and boun

daries of those already formed by the Oregon legislature. A commission was appointed by the legislature to codify the laws of the territory.

70. Wagon Road Over the Cascades. The early settlers came to Washington either by the way of the Columbia River and up the Cowlitz in canoes, or by vessel through the Strait of Fuca. To develop the country a wagon road over the Cascade Mountains from eastern Washington to Puget Sound was much needed. As early as 1850 measures were taken to establish such a road from Nisqually to the source of the Yakima River, and thence down that stream to Fort Walla Walla, and thence to intersect the old emigrant road to Oregon, near the foot of the Blue Mountains. In the mean time some work had been done on this road, but it was not until the summer of 1853 that the way was opened for the passage of wagons. In the autumn of that year thirty-five wagons passed over this road to Puget Sound. This was the first thoroughfare over the Cascades and soon led to the settlement of the rich valleys of the White and Puyallup rivers. It was only a matter of time when the "Iron Horse" was to take the place of the ox team along this route.

71. Governor Stevens Visits the National Capital. Soon after the adjournment of the legislature Governor Stevens went to Washington City in the interests of the territory and to report the results of his railway survey. In conjunction with delegates Lane of Oregon and Lancaster of Washington, Stevens presented the

needs of the new territory to Congress. The result of their efforts was the appropriation of $30,000 for the construction of the Mullen road from the Great Falls of the Missouri via Coeur de Alene Lake to Walla Walla; $25,000 for the construction of a military road from the Dalles down the Columbia to Fort Vancouver; $30,000 for a road from Fort Vancouver to Fort Steilacoom; $89,000 for light houses at various points on the coast, and $100,000 to enable Governor Stevens to treat with the Indians in the territory.

72. Governor Stevens Elected Delegate to Congress. At the election held in 1855 J. Patton Anderson was elected by the Democrats delegate to Congress over the Whig nominee, Judge William Strong. During Anderson's term of office nothing of importance had been done of interest to the territory. In 1857 the Republican party, the successor of the Whig party, nominated Alexander Abernethy for delegate to Congress. The Democrats placed in nomination. Governor Stevens, who was elected by a large majority. On the 11th of August, 1857, Stevens resigned the office of governor to take his seat in Congress, and his place was taken by Secretary Mason, acting governor until the appointment of Stevens' successor.

GOVERNOR MCMULLEN'S ADMINISTRATION. 1857 TO 1859.

73. Fayette McMullen Appointed Governor. Upon the resignation of Governor Stevens, Fayette McMullen, of Virginia, was appointed Governor of Wash