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Reports of gold in Montana go back as far as
1852, but only small quantities were found. John White was
leading
a group of prospectors from Colorado to
Montana, and once there they wandered up Grasshopper Creek.
On July 28, 1862, John White discovered gold on Grasshopper
Creek (originally named Willard Creek by the Lewis and Clark
Expedition and renamed because of the large amount of
grasshoppers on the banks of the creek). He recorded his
deed for his discovery on 30 August 1862 (see mining deeds
on this site). Grasshopper Creek's gold was 99 to 99.5%
pure. This started Montana's first gold rush. Montana's
first boomtown was Bannack, known as the New Eldorado of the
North. By October 1862 the camp was home to over 400
prospectors. It is estimated that $700,000 worth of gold
had been collected by winter. At that time gold was worth
only $18 an ounce.
By 1863 there were 3,000 residents and the
settlement applied to the US Government for the name of
Bannock.
The name was changed to Bannack during
processing of that paperwork by Washington. During this
time Bannack
became known for lawlessness with many road
agents watching the roads in and out of town. In January
1863
Henry Plummer arrived in Bannack and was soon
elected Sheriff.
There was a large group of bandits which grew
to over 100 men, believed to have been headed by Henry
Plummer.
John White was murdered in early 1864 while
still prospecting for his fortune. Montana went to a great
effort to
find the murderer, but was not successful.
President Abraham Lincoln appointed Sidney
Edgerton as Chief Justice of the Idaho Territory and he
moved to
Bannack in September 1863. By 1864 Bannack
had Montana's first jail, first hotel and first chartered
Masonic lodge.
Mining Laws:
At a meeting of the miners of the Bannack
District, held on the 19th day of October 1862, for the
purpose of forming and passing laws for the government of
the District, the following laws and regulations were
reported by the
Committee, and adopted and ratified by the
people.
Claims
Sec. 1. Claims on Grasshopper
Creek shall be fifty feet on the creek, and extending
across the stream from base to base, of the mountains,
including all old beds of the creek or stream.
Sec. 2. Gulch claims shall be 100
feet in length, on the gulch, and extending on over one
foot on each side.
Sec. 3. Lode claims shall only be
had on well defined Quartz lodes, and shall be 100 feet
on the lode, and 25 feet on each side, including all
spurs and branches.
Sec. 4. Each miner may hold, by
pre−emption, one claim on the creek, one Gulch claim,
one lode claim, and one patch or hill claim, and working
one shall be considered as working all.
Sec. 5. All claims shall be staked
with the name of the owner with the length and breadth
of the same, and the date of staking, and when in
company with others, shall have also the names of the
company with whom he is working.
Sec. 6. Claims shall be worked or
represented at least each five days, excluding Sunday,
working claims held in company shall be considered as
representing all claims of the individual members of the
company, if property is staked and worked.
Sec. 7. All claims shall be
recorded by the individual holders of the same, with
their own names, provided not heretofore recorded by
individual members, within the next six days, from and
after the passage of this section, and all taken
hereafter, within six days after staking, or shall be
forfeited, and no claim shall be recorded or held by a
company name.
Sec. 8. When no claims exist on the Creek, any
person or persons wishing to turn the stream, or flume
it to work the bed of the same, may claim one hundred
and fifty feet, each, of said unclaimed ground, and hold
the same, provided work be commenced within ten days,
from staking, and prosecuted faithfully to completion,
but said work shall be continuous, but not one day in
ten.
Sec. 9. All persons residing and
working their home, within the limits of this District,
which shall extend from the line of the lower district,
to the head of the Grasshopper Creek, and its branches,
and three miles on each side of said creek, and be known
as Bannack District, shall hold their claims without
working the same, from the 15th day of November, next,
to the first day of May, following, and all laws for
forfeiting claims held as above shall be suspended for
and during that time.
Sec. 10. Purchased claims shall be held in the
same way, as pre−emption claims, but no individual shall
be allowed to hold more than one claim by purchase,
besides his pre−emption, except in Lode Claims, and any
person having heretofore purchased more than that
number, shall be allowed ten days from this date to sell
and dispose of the same.
Sec. 11. Any person making a new discovery of
diggings of any kind, or lode claims, shall be entitled
to hold one extra claim, as a discovery claim, without
working the same.
Sec. 12. Building lots may be taken 50 feet in
front, and 150 feet deep, and by recording the same,
each individual may hold one lot and no more, as real
estate, and may sell, trade or barter, the same, or
build upon it at his option.
Sec. 13. The fees of the recorder
shall be fifty cents, for each preemption recorded, and
for all deeds, bills of sale, or mortgages recorded, one
dollar for each one hundred words to be recorded, and no
deed, bill of sale, or mortgage, shall be held good
against third party, unless recorded.
Sec. 14. Any person owning a dry
claim, may preempt any unpreempted ground on the creek,
for a water claim, for the purpose of washing his dirt,
whether by cradle or sluice, and may hold same as a
water claim, by recording and improving the same, within
the ordinary time for other claims.
Sec. 15. When any person has gone for provisions,
intending to return, two months from this date, shall be
allowed to return, before forfeiture of their claims.
Sec. 16. In all trials before the miners, which
may be presided over by the President of the District,
the losing party shall pay the President the sum of Five
Dollars for his services.
Sec. 17. The President may, at any
time he may think proper, appoint a Sheriff to act in
any case pending, or being commenced.
At a meeting of the miners of Bannack District,
held on the 26th day of April, 1863,
passed the following Laws:
Sec. 1. The President of the District shall have
power to hold a trial, whenever it may be necessary to
settle disputes, either about claims or any other
disputed business matters, and may summon a jury to try
such dispute. The decision of such jury to be final, and
may appoint a Sheriff to carry out the decision of such
trial, who shall have power to take any property to pay
the judgment of the President.
Sec. 2. Each miner shall have the right to hold
one claim, and no more, on each Quartz Lode, and they
shall be held for one year, as real estate, to give time
for machinery to arrive here.
Sec. 3. All trials shall be, as,
near as possible, in accordance with the common law of
the land.
At a meeting of the miners of Bannack District,
held May 23rd, 1863, the following Laws were
reported by the Committee and adopted by the people.
Art. 1. The officers of the District shall be
President, Miners' Judge, Sheriff and Coroner.
Art. 2. It shall be the duty of
the President to preside at all business meetings of the
District, and to act as Judge, with power to call a
jury, in cases regarding mining claims, the parties
litigant mutually agreeing thereto.
Art. 3. It shall be the duty of
the Judge to preside over all trials of cases in the
District, except in mining cases, where parties litigant
agree to refer to the President, and when called upon,
to issue such process to bring parties into Court, as is
common and right in such cases, also to keep a docket
and make an entry therein of all suits brought, with the
judgment or verdict rendered, also to have a jury of not
less than four nor more than eight impaneled, when
requested so to do, by either plaintiff or defendant,
and receive for his services the sum of $5.00 for
presiding at each and every suit, together with 25 cents
for all oaths administered, and the issuing of each and
every writ in the case.
Art. 4. It shall be the duty of
the Sheriff to serve all writs and executions, and carry
out the awards of the Court, and do all other acts
appertaining to his office, and shall receive for his
services, for attendance in Court, during trial, $2.50;
serving warrants, $1.00; serving summons, 50 cents, and
25 cents each for summoning witness and jurors, and 25
cents mileage.
Art. 5. It shall be the duty of
the Coroner, in all cases of violent or accidental
death, to summon a jury of six persons over which he
shall preside, in examining into the causes and
circumstances attending the death of the person over
whom the inquest is held, and when called on, the
Sheriff shall act as the officer of the inquest to
summon jurors, and witnesses, and shall receive for the
service the usual fee — while the coroner shall receive
for his services on each and every inquest, the sum of
$8.00.
Art. 6. In each and every suit,
witnesses shall receive Two Dollars, and jurors Three
Dollars, except in cases where the trial shall last for
more than one day, when additional fees will be allowed.
Art. 7. In all criminal cases, the
punishment to be inflicted shall explicitly set forth in
writing the verdict of the jury.
Art. 8. All civil suits shall be
commenced by complaint setting forth in plain, simple
language, the cause of action and remedy sought.
Art. 9. All attachments may issue when the
complainant shall make oath before the Judge, that he
has reasons to believe that the defendant intends to
leave the district, or turn over his property with
intent to defraud, and may be served on any property in
defendant's hands, or to garnishee debts in hands of
others, and shall hold good till five days after final
judgment.
Art. 10. In all suits and cases, not herein
provided for, the Common Law shall be adopted.
The idea of an eight hour law came to the people in Montana,
early in its history. At a miner's meeting, White District,
April 28th, 1864, ''Non−residents of District shall
represent each and every claim, every seventh day — said
day's work shall be eight hours' labor.”
Sources:
The Missoulian.com
legendsofamerica.com/mt-bannack.html
goldrushnuggets.com/mogoru.html
greatfallstribune.com
lewis-clark.org/article/2774
goldrushtradingpost.com/bannack_state_park
History of Southern Montana
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