Montana Territory

Territory of Montana
Organized incorporated territory of the United States
← 1864–1889 →
Coat of arms
Montana Territory, 1879
Capital		Bannack (May 28, 1864-February 6, 1865) Virginia City (February 7, 1865-1875) Helena (1875–1889)
Government		Organized incorporated territory
History
•	Split from Idaho Territory	May 26, 1864
•	Statehood	November 8, 1889

The Territory of Montana was an organized incorporated territory of the United States that existed from May 26, 1864, until November 8, 1889, when it was admitted as the 41st state in the Union as the State of Montana.

Original boundaries

The Montana Territory was organized out of the existing Idaho Territory by Act of Congress and signed into law by President Abraham Lincoln on May 26, 1864. The areas east of the Continental Divide had been previously part of the Nebraska Territory and Dakota Territory and had been acquired by the United States in the Louisiana Purchase.

The territory also included a portion of the Idaho Territory west of the continental divide and east of the Bitterroot Range, which had been acquired by the United States in the Oregon Treaty, and originally included in the Oregon Territory. The part of the Oregon Territory that became part of Montana had been split off as part of the Washington Territory.

The boundary between the Washington Territory and Dakota Territory was the Continental Divide (as shown on the 1861 map); however, the boundary between the Idaho Territory and the Montana Territory followed the Bitterroot Range north of 46°30′ north (as shown on the 1864 map). This change was due in part to Congress unifying the area with the creation of Idaho Territory in 1863, coupled with the subsequent political maneuvering of Sidney Edgerton, soon to be the first Territorial Governor of Montana, and his allies in the Congress. They successfully implemented the boundary change that won the Flathead and Bitterroot valleys for Montana Territory.^[1] The Organic Act of the Territory of Montana^[2] defines the boundary as extending from the modern intersection of Montana, Idaho, and Wyoming at:

The forty-fourth degree and thirty minutes of north latitude; thence due west along said forty-fourth degree and thirty minutes of north latitude to a point formed by its intersection with the crest of the Rocky Mountains; thence following the crest of the Rocky Mountains northward till its intersection with the Bitter Root Mountains; thence northward along the crest of the Bitter Root Mountains to its intersection with the thirty-ninth degree of longitude west from Washington; thence along said thirty-ninth degree of longitude northward to the boundary line of British possessions.

The boundaries of the territory did not change during its existence. It was admitted to the Union as the State of Montana on November 8, 1889.

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  de Lacy's 1865 map of Montana Territory

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  de Lacy's 1872 map of Montana Territory

Government

The act of Congress of 1864 creating Montana, known as the Organic Act,^[3] prescribed a somewhat standard organization for the territorial government of Montana. It established executive, judicial, and legislative branches of government, however, the federal government held a dominant role in administering the new territory. Particularly, the Congress reserved the right to nullify any laws passed by the citizen-elected territorial legislature. The President of the United States appointed the most powerful positions in the territory, including a governor, secretary of the territory, and three members of the territorial supreme court, with the advice and consent of the U.S. Senate. The citizens of the territory elected a legislative assembly, consisting of a Council and House of Representatives, which together created the laws for the territory. Citizens also elected a lone delegate to Congress as strictly an advisor to the U.S. House of Representatives; a territorial delegate was not permitted to vote.^[4] The territorial government was meant to provide a training ground for a future move to statehood, allowing time for an area's institutions to mature and populations to grow.^[5]

Executive

Governor

The governor served a four-year term, unless removed by the President. Duties of the office included 1) the faithful execution of the laws, 2) to serve as the commander-in-chief of the militia, and 3) to serve as the superintendent of Indian affairs. The governor also had to approve or veto laws within three days of passage by the territorial legislative assembly.^[6]

Parties

Dem Democratic Rep Republican

Governors of Montana Territory^[7]

#	Governor	Party	Term start	Term end	Appointed by	Notes
1	Edgerton, SidneySidney Edgerton	Rep	June 22, 1864	July 12, 1866	Lincoln, AbrahamAbraham Lincoln	Did not find out he had been appointed right away; left the state in September 1865 and did not return for 25 years
2	Smith, Green ClayGreen Clay Smith	Dem	July 13, 1866	April 9, 1869	Johnson, AndrewAndrew Johnson	Did not assume office until October 1866; stopped functioning as governor in summer 1868
3	Ashley, James MitchellJames Mitchell Ashley	Rep	April 9, 1869	July 12, 1870	Grant, Ulysses S.Ulysses S. Grant	Removed from office by President Ulysses S. Grant in mid-December 1869 for unclear reasons.[8]
4	Potts, Benjamin F.Benjamin F. Potts	Rep	July 13, 1870	January 14, 1883	Grant, Ulysses S.Ulysses S. Grant
5	Crosby, John SchuylerJohn Schuyler Crosby	Rep	January 15, 1883	December 15, 1884	Arthur, Chester A.Chester A. Arthur
6	Carpenter, B. PlattB. Platt Carpenter	Rep	December 16, 1884	July 13, 1885	Arthur, Chester A.Chester A. Arthur
7	Hauser, Samuel ThomasSamuel Thomas Hauser	Dem	July 14, 1885	February 7, 1887	Cleveland, GroverGrover Cleveland
8	Leslie, Preston HopkinsPreston Hopkins Leslie	Dem	February 8, 1887	April 8, 1889	Cleveland, GroverGrover Cleveland
9	White, Benjamin F.Benjamin F. White	Rep	April 9, 1889	November 8, 1889	Harrison, BenjaminBenjamin Harrison

Secretary of the territory

The secretary of the territory served a four-year term, unless removed by the President. Duties of the office included 1) the recording of all laws and proceedings of the legislative assembly and the acts of the governor, 2) the transmission of copies of the laws and journals of the legislative assembly to the President and the leaders of Congress, and 3) the transmission of executive proceedings and correspondence twice a year to the President. Importantly, the secretary also served as acting governor in case of the death, removal, resignation, or absence of the governor from the territory.

Parties

Dem Democratic Rep Republican

Secretaries of Montana Territory^[9][10]

#	Secretary	Party	Commissioned	Appointed by	Notes
1	Torsey, Henry P.Henry P. Torsey	Rep	June 22, 1864	Lincoln, AbrahamAbraham Lincoln	Declined appointment due to poor health.[11]
2	Coburn, JohnJohn Coburn	Rep	March 3, 1865	Lincoln, AbrahamAbraham Lincoln	Did not assume office as he resigned almost immediately upon being appointed; later in 1884 appointed a justice to the Supreme Court of Montana Territory
3	Meagher, Thomas FrancisThomas Francis Meagher	Dem	August 4, 1865	Johnson, AndrewAndrew Johnson	He served as acting governor from Sep. 1865, when Gov. Edgerton left the territory, until Oct. 1866, when Gov. Smith arrived.[12] He served again as acting governor from early 1867, when Gov. Smith went to Washington D.C., until Meagher's death on July 1, 1867.[13]
4	Tufts, JamesJames Tufts	Rep	March 28, 1867	Johnson, AndrewAndrew Johnson	He served as acting governor from the summer of 1868, when Gov. Smith left the territory, until the summer of 1869 when his replacement arrived.[14]
5	Scribner, Wiley S.Wiley S. Scribner	Rep	April 20, 1869	Grant, Ulysses S.Ulysses S. Grant	He served as acting governor from mid-December 1869, when Ashley was removed, until the end of August 1870, when Gov. Potts arrived in Virginia City.[15]
6	Sanders, Addison HiattAddison Hiatt Sanders	Rep	July 19, 1870	Grant, Ulysses S.Ulysses S. Grant	Withdrew before taking office since he took another appointment as register of the Land Office in Montana.[16]
7	Callaway, James E.James E. Callaway	Rep	January 27, 1871	Grant, Ulysses S.Ulysses S. Grant	He did not arrive in Montana until mid-April 1871 to take up his duties;[17] he was the longest serving secretary of the territory.
8	Mills, James HamiltonJames Hamilton Mills	Rep	May 10, 1877	Hayes, Rutherford B.Rutherford B. Hayes
9	McCutcheon, Isaac D.Isaac D. McCutcheon	Rep	May 28, 1882	Arthur, Chester A.Chester A. Arthur	date is given as the date he arrived in Helena; he resigned under scandal in Sep. 1883[18]
10	Tooker, John S.John S. Tooker	Rep	1883	Arthur, Chester A.Chester A. Arthur	He appears to have been commissioned sometime during the last three months of 1883 after McCutcheon's resignation,[19][20] though one source reports him being appointed in Jan. 1884,[21] and another on April 21, 1884.[22]
11	Webb, William B.William B. Webb	Dem	October 23, 1885	Cleveland, GroverGrover Cleveland	One source has Webb appointed in 1886.[23]
12	Walker, Louis A.Louis A. Walker	Rep	April 15, 1889	Harrison, BenjaminBenjamin Harrison

Congressional delegation

The eligible citizens of Montana Territory voted for a delegate to Congress, electing them to a two-year term. The territorial delegate had a seat in the House of Representatives and, as any other representative, participated in debates, yet they did not have the right to vote.^[24] During the time Montana was a territory, some delegates to Congress were allowed to sit on select committees and even standing committees of the House, yet as on the floor of the House, they were not permitted to vote.^[25]

Parties

Dem Democratic Rep Republican

Delegates to Congress from Montana Territory^[26]

#	Delegate	Party	Term start	Term end	Congress	Notes
1	McLean, SamuelSamuel McLean	Dem	January 6, 1865	March 3, 1867	38th, 39th
2	Cavanaugh, James M.James M. Cavanaugh	Dem	March 4, 1867	March 3, 1871	40th, 41st
3	Clagett, William H.William H. Clagett	Rep	March 4, 1871	March 3, 1873	42nd
4	Maginnis, MartinMartin Maginnis	Dem	March 4, 1873	March 3, 1885	43rd, 44th, 45th, 46th, 47th, 48th
5	Toole, JosephJoseph Toole	Dem	March 4, 1885	March 3, 1889	49th, 50th
6	Carter, Thomas H.Thomas H. Carter	Rep	March 4, 1889	November 8, 1889	51st

See also

• Timeline of pre-statehood Montana history
• American Civil War, 1861–1865
  • Montana in the American Civil War
• Governors of Montana Territory
• Historic regions of the United States
• History of Montana
• Montana Territory's at-large congressional district
• Rocky Mountains
• Territorial evolution of the United States
  • Territory of France that encompassed land that would later become part of the Territory of Montana:
    • Louisiane, 1682–1764 and 1803
  • Territory of Spain that would later be returned to France:
    • Luisiana, 1764–1803
  • Territory of the United Kingdom that encompassed land that would later become part of the Territory of Montana:
    • Rupert's Land, 1670–1870
  • International territory that encompassed land that would later become part of the Territory of Montana:
    • Oregon Country, 1818–1846
  • U.S. territories that encompassed land that would later become part of the Territory of Montana:
    • Louisiana Purchase, 1803–1804
    • District of Louisiana, 1804–1805
    • Territory of Louisiana, 1805–1812
    • Territory of Missouri, 1812–1821
    • Provisional Government of Oregon, 1843–1849 (extralegal)
    • Territory of Oregon, 1848–1859
    • Territory of Washington, 1853–1889
    • Territory of Nebraska, 1854–1867
    • Territory of Dakota, 1861–1889
    • Territory of Idaho, 1863–1890
  • U.S. state created from the Territory of Montana:
    • State of Montana, 1889
• William F. Wheeler, U.S. Marshal of the Montana Territory

Notes

1. Malone, Roeder, and Lang 1991, p. 95.
2. An Act to provide a temporary government, 1864.
3. An Act to provide a temporary government, 1864.
4. Renne 1958, p. 20-23.
5. Renne 1958, p. 19.
6. Renne 1958, p. 20-21.
7. Owings 1956, p. 62.
8. Spence 1968, p. 33.
9. Owings 1956, p. 62-63.
10. Spence 1975, p. 234.
11. Spence 1975, p. 18.
12. Spence 1975, p. 34, 43.
13. Spence 1975, p. 51.
14. Spence 1975, p. 55.
15. Spence 1975, p. 68, 75.
16. Spence 1975, p. 77-78, 234.
17. Spence 1975, p. 78.
18. Spence 1975, p. 156.
19. Spence 1975, p. 234.
20. Miller 1894, p. 74.
21. Leeson 1885, p. 1256.
22. Owings 1956, p. 63.
23. Spence 1975, p. 234.
24. Palmer 2011, p. 3-4.
25. Palmer 2011, p. 6-8.
26. Owings 1956, p. 63.

References

• "An Act to provide a temporary Government for the Territory of Montana" (PDF). Thirty-sixth United States Congress. May 26, 1864. Archived from the original (PDF) on January 12, 2007. Retrieved 2007-01-20.
• Leeson, M. A. (1885). History of Montana, 1739-1885. Chicago: Warner, Beers & Co.
• Malone, Michael P.; Roeder,, Richard B.; Lang, William L. (1991). Montana : a history of two centuries (Rev. ed.). Seattle: University of Washington Press. ISBN 0295971290.
• Miller, Joaquin (1894). An Illustrated History of the State of Montana. Chicago: The Lewis Publishing Co.
• Owings, Ralph E. (1956). Montana Directory of Public Affairs, 1864-1955. Ann Arbor, MI: Edwards Bothers, Inc.
• Palmer, Betsy (6 January 2011). "Delegates to the U.S. Congress: History and Current Status" (PDF). U.S. Department of State. Congressional Research Service. Retrieved 14 November 2014.
• Renne, Roland R. (1958). The Government and Administration of Montana. New York: Thomas Y. Crowell Company.
• Spence, Clark C. (Spring 1968). "Spoilsman in Montana: James M. Ashley". Montana The Magazine of Western History (Montana Historical Society) 18 (2): 24–35.
• Spence, Clark C. (1975). Territorial Politics and Government in Montana, 1864-89. Urbana, IL: University of Illinois Press.

Coordinates: 46°47′N 109°22′W / 46.78°N 109.37°W