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The brazen 1865 heist that stole Idaho’s capital in a cloud of dust

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Clinton DeWitt Smith’s Daring Capitol Heist to Boise

Idaho’s old capitol building in Lewiston holds a wild tale of theft and chase. On March 29, 1865, Clinton DeWitt Smith named himself acting governor while the real one was away.

He then grabbed soldiers from Fort Lapwai, broke into the capitol, and stole the territorial seal plus key papers. A U.S. Marshal tried to stop him but couldn’t get past the troops.

Smith fled on horseback through rough terrain for 16 days until he reached Boise. This daring heist moved Idaho’s capital south for good, creating a divide that still runs deep across the state today.

Gold Rush Fever Put Idaho on the Map in 1863

Congress created Idaho Territory on March 3, 1863, covering 325,000 square miles of what’s now Idaho, Montana, and Wyoming. President Lincoln picked William Wallace as governor, who set up shop in Lewiston.

Back then, Lewiston was the biggest city in the Northwest, larger than Portland, Seattle, and Olympia combined. The first lawmakers met in December 1863 in a simple wooden building.

Workers made the official territorial seal right there in Lewiston.

Boise Basin Struck Gold and Changed Everything

Gold hunters found pay dirt in the Boise Basin in 1862, sending miners rushing south from the tapped-out northern fields. By 1864, southern Idaho grew to nearly 19,000 people while the north shrank to just 3,000.

Boise City quickly became the supply center for miners with better buildings and roads. Mountains between north and south made travel tough, creating headaches for running the territory from Lewiston.

Southern politicians pushed hard to move the capital closer to where most folks lived.

Lawmakers Voted to Pack Up and Head South

The second group of lawmakers met on November 14, 1864, in Boise with southern representatives now holding most seats. H.C. Riggs brought a bill on November 23 to move the capital to Boise.

They passed this bill on November 29, making it take effect December 24, 1864. Acting Governor Caleb Lyon signed this hotly debated law.

Northern Idaho folks fought against the move, calling it unfair to the original capital city.

Judges and Citizens Locked Up the Government Records

Judge John Berry ordered that nobody could take the territorial seal and papers from Lewiston. Two other judges, Thomas Pomeroy and Alleck Smith, both ruled the capital must stay put.

Worried locals moved the territorial seal and official papers from the capitol to the city jail for safekeeping. Armed guards watched over the locked documents to keep them from southern Idaho folks.

Governor Lyon ran off to Walla Walla, leaving the territory in a mess with no clear leader.

The Man Who Stole a Capital Arrives in Town

Clinton DeWitt Smith got the job as territorial secretary and showed up in Lewiston on March 2, 1865. He worked before as a clerk in the U.S. Attorney General’s office after spending years as a sea captain in the China trade.

Lewiston folks liked him at first as a fun, heavy-drinking official, but cooled when they learned he favored Boise. Smith named himself acting governor during Lyon’s absence on March 29, 1865.

A Quick Trip to the Fort for Military Backup

Smith rode out of Lewiston on March 29, telling folks he was just taking his daily ride. He traveled six miles to Fort Lapwai where he talked soldiers into helping him.

The next day, he came back with armed troops ready to grab the government papers. The soldiers took control of ferry crossings while Smith got ready to break into the jail.

Federal troops stood guard against locals who might try to stop the theft of territorial papers.

Breaking and Entering for Official Business

Smith and his soldier friends broke the lock on Lewiston’s city jail where officials kept the territorial papers. He stuffed the territorial seal and as many official documents as he could into his saddlebags.

The papers included government records and the valuable territorial seal itself.

The armed guards who had been watching these documents couldn’t stop the larger federal military force. Smith’s actions went against court orders and ignored local officials.

A Marshal’s Chase Ends at the River’s Edge

U. S. Marshal Joseph Vincent chased after Smith with an arrest warrant from Judge Berry. Vincent followed Smith all the way to the Snake River ferry landing, waving the warrant and telling Smith to stop.

Federal soldiers kept the marshal back while protecting Smith’s escape across the water. Smith made it across the Snake River into Washington Territory where the marshal couldn’t follow right away.

This river crossing started a tough 16-day journey.

Sixteen Days Through Wilderness and Bad Weather

Smith and his military guards traveled through high prairies and steep canyons during early spring’s nasty weather. The journey took 16 full days because of storms, rough terrain, and poor knowledge of the route.

They faced harsh spring conditions in the mountains between Lewiston and Boise. No real roads existed yet, forcing them to follow dangerous wilderness trails.

Bad weather slowed their progress toward southern Idaho.

The Capital Thief Arrived as Lincoln Took His Last Breath

Smith reached Boise on April 14, 1865, the same day someone shot President Lincoln at Ford’s Theater. He spoke to a cheering crowd from the balcony of the Overland Hotel despite the national tragedy unfolding.

Smith told the crowd, “I feel welcome now, for it seems to me that I have got among my friends. ” He mentioned it was the first time he felt welcome since coming to Idaho Territory.

Boise residents celebrated the successful transfer of territorial government even as the nation faced its darkest hour.

A Chess Game, a Court Ruling, and a Missing Seal

Smith died on August 18, 1865, while playing chess at Rocky Bar mining camp, just four months after his daring heist.

The Walla Walla Statesman newspaper reported he was buried right where he fell “with usual manifestation of mourning.”

The Idaho Territorial Supreme Court formed in 1866 and ruled 2-1 that Boise became the legal capital on December 24, 1864. The judges recorded this decision only in meeting minutes without writing a formal opinion.

The territorial seal vanished during the journey and has never turned up, leaving one final mystery in this wild frontier tale.

Visiting Idaho Territorial Capitol Building, Idaho

You can visit the Idaho Territorial Capitol Building replica at 0306 Third Street in Lewiston, where Clinton DeWitt Smith pulled off his famous 1865 heist.

The museum is open Tuesday through Saturday from 10am to 4pm for a small admission fee.

The historical campus includes Heritage House and Trolley Car #8 next to the Nez Perce County Historical Society Museum. Exhibits cover the 1863-65 territorial period when Lewiston served as Idaho’s first capital.

This article was created with AI assistance and human editing.

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Currently residing in the "Sunset State" with his wife and 8 pound Pomeranian. Leo is a lover of all things travel related outside and inside the United States. Leo has been to every continent and continues to push to reach his goals of visiting every country someday. Learn more about Leo on Muck Rack.

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