John R. McBride, U. S. Representative and Chief Justice for Idaho Territory [otd 02/28]

Judge McBride.
Photo from findagrave.com

On February 28, 1865, President Abraham Lincoln – just 45 days before he was shot by John Wilkes Booth – appointed John Rogers McBride as Chief Justice of the Supreme Court of Idaho Territory. The appointment typified the patronage system of the times, but the result turned out to be a happy exception to the norm.

Although Territorial governance followed the same structure as the Federal system, voters in the Territory had no say over the executive and judicial branches: The President appointed the Governor and a panel of three judges. One of the three was designated as the Chief Justice.

In those early days, appointees to positions in Idaho were almost never residents of the Territory. They usually came from the more settled Midwest, or the East. For many, the transition to the “Wild West” came as a major cultural shock, and quite a few fled after getting one good look. To make matters worst, the salaries were miserably poor.

James H. Hawley, who was elected as state Governor in 1910, lived through that era [blog, Jan 17]. In his History, he observed that the system supplied judges that were "lawyers of only mediocre ability or political henchmen, who received their appointments as a reward for services to the party, rather than for their legal ability."

Emigrant train, ca 1846. Library of Congress.

This could have been similar. A loyal Republican, McBride got the appointment after being defeated in a bid for re-election to Congress. However, unlike many who came later, he knew the West. His family had emigrated to Oregon in 1846, when John was thirteen years old. He studied law while also serving as a school superintendent in Yamhill County, and was admitted to the Oregon bar in 1857.

In 1860, Oregon voters elected him to the state Senate. Two years later, he won election to the U. S. House of Representatives, where he was awarded some worthwhile committee assignments. However, his 1864 re-election bid failed, whereupon he received the Idaho Judgeship.

Commenting on this appointment, Hawley wrote: "an able jurist and an honest man, Judge McBride most favorably impressed himself upon the litigation of the territory and ... was beloved by the bar of the state and highly esteemed by all of its people."

McBride soon got down to business, traveling all over the Territory. The Idaho Statesman reported (August 10, 1865) one example: “Judge McBride, after a full hearing and a very thorough investigation, issued a peremptory mandate ordering Slocum to pay over to Dr. Smith, the Territorial Treasurer, about $14,000 … ” In this case, Slocum, the Treasurer for Boise County, had found some pretext to withhold “a large amount of funds” from the Territorial treasury. McBride made him pay up.

McBride was the only one of the first four Chief Justices appointed to the Territory who served most of the usual term – the others lasted an average of under 11 months. McBride resigned in July 1868 to establish a private law practice in Boise. He was soon called back into public service to supervise the construction of the U. S. Assay Office in Boise City [blog, May 30]. He then served as Superintendent while the Office was being readied for business.

In 1872, McBride moved to Salt Lake City and established the firm of Sutherland & McBride. After eight years in Utah, he relocated his law practice to Spokane. He passed away there in July 1904.
                                                                                 

References: [French], [Hawley]

Jonathan Edwards, An Illustrated History of Spokane County, State of Washington, W. H. Lever, San Francisco (1900).

"McBride, John Rogers," Biographical Directory of the U S. Congress, online.