USA > Colorado > History of Colorado; Volume I > Part 20
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The Governor of Kansas, in 1859, had issued a proclamation that Arapahoe County be established, and that a representative be elected. The Arapahoe County election for Kansas officials was therefore also held. Capt. Richard Sopris was elected representative, and was the first member from Arapahoe County admitted to a seat in the Kansas Legislature.
TERRITORY OF JEFFERSON
At the October election D. B. Williams was chosen delegate to Congress. He was the exponent of the August convention, and entrusted with the mis-
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sion to memorialize Congress to separate the Pike's Peak region from Kansas and organize it into a territory under the name Jefferson. The other delegates chosen were instructed to form a provisional government. Eighty-six delegates met in convention. They entered upon their duties with great earnestness. A new constitution, called the "Organic Act of the Territory of Jefferson," was framed and adopted. Other important measures received their approval. The territory was divided into legislative districts. A full ticket was nominated, and an election ordered for the fourth Monday of October, the same month in which they had been elected, had convened, had acted. The election took place; 2,000 votes were cast in twenty-seven precincts. The provisional government was adopted, a full corps of legislators chosen, and, indeed, all but one of the entire ticket elected. The purpose of the parties who had determined on a provisional government ran swift to its fulfillment. The legislature thus suddenly and questionably brought into existence, began its sessions. The message of the governor, R. W. Steele, was received with the usual formalities, and was fol- lowed by diligent legislative labors. Many general and special laws were enacted; nine counties were organized; a poll tax of $I was imposed, and a committee appointed to report full civil and criminal codes to an adjourned ses- sion, January 23, 1860. In each of the nine newly organized counties the governor appointed a probate judge, to hold office until the regular county elec- tion on the first Monday in January, 1860. The legislature met pursuant to ad- journment, and for the remainder of the session devoted its attention to the report of the committee. Full civil and criminal codes were finally adopted. An imperium in imperio was now fairly established. Right in the midst of the Kan- sas government stood the Provisional government. The first resistance to the authority of the latter, and protest against its legality, arose from the Arapahoe County officials, who were elected according to Kansas territorial law, and were, therefore, beyond a doubt, legal. Besides this, a remonstrance against the per capita tax, signed by 700 miners, was sent down from the mountains. In the valley, therefore, the Kansas and the Provisional governments held di- vided sway; and in the mountains the miners' courts and the Provisional govern- ment contended for the mastery. Golden was the only settlement that wholly submitted to the Provisional government. In truth, the authority of the Kan- sas officials was never fairly recognized, and they soon ceased to have even a nominal existence.
PEOPLE'S AND MINERS' COURTS
From 1858 to 1861 two classes of courts existed in the Pike's Peak region, whose decisions were final. These were called the People's Courts and the Miners' Courts. The People's Courts were improvised assemblies of the people, who convened to adjudicate criminal cases, such as murders, homicides and other felonies. They were usually presided over by a probate judge or justice of the peace. The extreme penalties were hanging, lashes on the bare back, and banishment. The Miners' Courts were differently organized. Pursuant to a general call, all occupying a mining district met together. They fixed the limits of their district, adopted a miners' code, defined the duties of officers, and elected them for the ensuing year. A president, judge, sheriff, collector, sur-
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veyor and recorder, who was ex officio treasurer and secretary of the district, composed the officers of the court, who were all responsible to the superior tribunal, the Miners' meeting. These courts settled all claims and offenses in mining districts. When a case was not settled in the courts it was carried to the Miners' meeting. There was no appeal from their decision. The courts organ- ized under the Provisional government were respected by the people, and their decisions accepted with general satisfaction. In Denver and some other places the People's Courts alone were recognized.
But as a rule these People's Courts were orderly affairs. An illustration will bear this out. In July, 1860, James Gordon, while on a spree, and entirely un- provoked, shot down a man named Jacob Gantz. Escaping to Fort Lupton, he was able to barricade himself, but finally, hard-pressed by a posse, escaped by riding through the crowd of pursuers. He was captured on the Indian Terri- tory border by W. H. Middaugh, acting as people's sheriff, and when taken to Leavenworth was acquitted in a farcical trial. A mob turned him over to the Colorado sheriff, and Gordon was brought to Denver. A People's Court was formed, and the judge in addressing it said: "The trifling of one of the highest courts of the land with the life that is now in our hands has turned the eyes of tens of thousands in the states towards Denver, where no law of the great American Union claims jurisdiction. Let us temper justice with mercy, and let no mob or unlawful attempt interfere with the 'People's Court.'" Gordon was defended by able lawyers, and twelve of the most respected men in the com- munity found him guilty. He was executed some days later, time having been allowed for friends to attempt to secure a reprieve.
CONGRESS CREATES COLORADO TERRITORY
On February 26, 1861, Congress created the Territory of Colorado, and the new officials, headed by Governor William Gilpin, arrived on May 29th of that year.
The other coordinate branch of Federal Government had now to be estab- lished. This was the Territorial Supreme Court. On July 10th, the governor assigned the judges to their districts, and the Supreme Court immediately organ- ized. On July IIth he issued a proclamation, in which the Territory was de- clared to be one congressional district, and the congressional district to be divided into nine council and thirteen representative districts, and in which the election of a delegate to Congress, and of a legislative assembly was ordered. The election was held on the 19th day of August, Hiram P. Bennet being chosen delegate to Congress. The Legislature of the Territory of Colorado convened on the 9th of September. They adopted full civil and criminal codes. They rec- ognized the miners as authority in mining legislation, acknowledged the legality of their courts, adopted their laws, confirmed their decisions, and arranged for the transfer of cases to the regular courts, so that no jarring, nor inconvenience was experienced. Great praise, is due to this legislative body for the laws they enacted, and though some have been found faulty and others repealed, yet they effectually served the needs of the Territory.
In 1867 Congress passed an act providing that the legislative assemblies of the several territories of the United States "shall not, after the passage of this act,
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grant private charters or especial privileges, but they may, by general incorpora- tion acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing and other industrial pursuits."
In the same act it made the salary of each of the Territorial Supreme Court judges $2,500 per year.
Biennial sessions of the legislative assemblies of territories were provided for in 1869.
The civil and criminal codes enacted by the first territorial legislation were founded on those of Illinois, the practice act of that state being almost bodily appropriated, and the acts of the People's Courts as well as the Miners' Courts were in many instances ratified. The records of some of these early courts, kept by able secretaries, are still to be found in the court archives, and have been repeatedly reverted to in litigation.
CREATING THE FIRST COUNTIES
When the first territorial legislature met one of its earliest tasks was the creation of seventeen counties, as follows :
Arapahoe, with Denver as its county seat.
Boulder, with Boulder as its county seat.
Clear Creek, with Idaho as its county seat.
Costilla, with San Miguel as its county seat.
Douglas, with Frankstown as its county seat.
El Paso, with Colorado City as its county seat.
Fremont, with Cañon City as its county seat.
Gilpin, with Central City as its county seat. Guadaloupe, later changed to Conejos, with Guadaloupe as its county seat.
Huerfano, with Autobees as its county seat. Jefferson, with Golden City as its county seat.
Lake, with Oro City (Leadville) as its county seat.
Larimer, with La Porte as its county seat.
Park, with Tarryall City as its county seat.
Pueblo, with Pueblo as its county seat. Summit, with Parkville as its county seat.
Weld, with St. Vrain as its county seat.
Many of the seventeen counties were larger than some of the eastern states, but the Arapahoe and Cheyenne Reservation, in southeastern Colorado, was not included in the division. Arapahoe extended from the Jefferson County line to the eastern limits of the territory. Weld occupied the entire northeastern part of the territory. Huerfano was even larger, extending from the Arkansas and the Pueblo County line to the New Mexico line. Douglas stretched to the territory's eastern limit. El Paso and Pueblo, Larimer and Fremont, were all big divisions, but were dwarfed by the extent of territory occupied by Summit, Lake, Costilla and Conejos counties, which extended over much of what is now the San Luis Valley, North Park, and a good part of the higher country along the Arkansas, as well as the entire western slope.
The judicial districts were three in number, the first comprising Arapahoe, Boulder, Douglas, El Paso, Larimer and Weld; the second, Clear Creek, Gilpin,
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Jefferson, Park and Summit; and the third, Conejos, Costilla, Fremont, Huer- fano, Lake and Pueblo.
The first Legislature also lost no time in clearing up the many "Jefferson" territory enactments, ratifying the consolidation of Denver, Auraria and High- lands, and the granting of a charter to Denver. Titles to real estate given in the days before territorial organization were finally smoothed out by congressional action in 1864.
MOVING THE CAPITAL TO COLORADO CITY
The first Legislature, empowered by Congress to increase its membership from nine in the council to thirteen, and from thirteen in the house to twenty- six, arranged for the additional representation. Two days before it adjourned it made Colorado City the capital of the territory. This was done largely to injure Denver, the country members believing that the hustling little town was endeavoring to "do all the governing." Despite this feeling, when the next Legislature met in the log cabin provided at Colorado City it remained but nine days, resuming its labors in Denver, July 16, 1862. This was accomplished despite the southern members, who as Judge W. F. Stone, a member of that body, relates, "were finally brought together in Mother Maggart's Hotel under pretense of compromising the matter, locked in, and when the vote was finished we adjourned to Denver."
THE CAPITAL AT GOLDEN
Golden City was fighting for the honor, however, and before that second Legislature adjourned it specified that town as the seat of territorial govern- ment.
CHANGE FROM GOLDEN TO DENVER
The third Assembly met in the new capital, but adjourned almost at once to Denver. This Legislature finally changed the meeting date from the first Mon- day in February to the first Monday in January. The fourth Legislature stuck to Golden throughout its session. The fifth remained in Golden a single day. The sixth, which began its meetings December 2d, remained at Golden. The seventh first of all changed the convening date to the first Monday in January which is still the date for the opening of the Legislature, and then, on December 9, 1867, made Denver the permanent capital of the territory.
But the work of that first territorial legislative assembly was perhaps as constructive as that of any that has since met. In giving married women con- trol of their own property and the power of making contracts they took a long step toward suffrage, which came many years later. With the enabling act pro- viding a fund, it began the work of establishing a state university. The third assembly passed the act providing for incorporation of giant stock companies. The fifth passed the important law requiring a discovery shaft of ten feet on a lode claim. But when Congress passed the mining law of 1872 Colorado adjusted its entire mining code to conform to it. This was largely the work of the tenth Legislature.
FIRST CAPITOL OF COLORADO, NOW IN COLORADO SPRINGS, FORMERLY IN COLORADO CITY, WHICH WAS ANNEXED TO COLORADO SPRINGS IN 1917 Colorado City was the capital of the state for three days.
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CONGRESS PROVIDES FOR CONSTITUTION
In the enabling act, which was approved March 3, 1875, Congress pro- vided first of all for the formation of a constitution, which was to be "republican in form, and make no distinction in civil or political rights on account of race or color, except Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence."
It provided that perfect toleration of religious sentiment shall be secured, and "no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship; secondly, that the people inhab- iting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory; that the lands belonging to citizens of the United States residing without the said state shall never be taxed higher than the lands belonging to residents thereof, and that no taxes shall be imposed by the state on lands or property therein belonging to, or which may hereafter be purchased by the United States.
"That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools; fifty entire sections of the unappro- priated public lands within said state, to be selected and located by direction of the Legislature thereof, be granted to said state for the purpose of erecting public buildings at the capital of said state for legislative and judicial purposes ; that fifty other entire sections of land are hereby granted to said state for the purpose of erecting a suitable building for a penitentiary or state prison; that seventy-two other sections of land shall be set apart and reserved for the use and support of a state university ; that 5 per centum of the proceeds of the sales of agricultural public lands lying within said' state which shall be sold by the United States subsequent to the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to the said state for the purpose of making such internal improvements within said state as the Legislature thereof may direct; that the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale and at a price not less than $2.50 per acre, the proceeds to constitute a permanent school fund, the interest of which is to be expended in the support of common schools; that all mineral lands shall be excepted from the operation and grants of this act."
Under this act delegates to frame a constitution were duly elected, met in convention in December, 1875, and adjourned after completing their task March 13, 1876. A complete history of the framing of the constitution will be found in the succeeding chapter.
CUSTOMS OF LEGISLATURE
The Legislature convened at 12 o'clock M. on the first Wednesday in January, 1879, and at 12 M. on the first Wednesday in January of each alternate year "forever thereafter," and at other times when convened by the governor.
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Custom, so prevalent and so ancient as to have the force of law, has made it the duty of the clerk of the previous house to call to order, and to conduct the proceedings generally, until a speaker is chosen, but any member-elect is competent to perform this duty.
In other states it is the custom of the secretary of state to furnish to the clerk a certified statement of the names of the members-elect, which is read. The members then advance to the clerk's desk, generally the delegation of each county by itself, and subscribe the oath of office. But in this state the usual proceeding is to choose a speaker and a clerk pro tem., and to appoint a com- mittee which examines credentials of members-elect, and reports to the House thus temporarily organized.
The oath of office is then administered to the members-elect. It may be administered by the president of the Senate, the governor, secretary of state, attorney general, or any of the judges of the Supreme Court. It has been administered in this state usually by one of the judges. After all are sworn the roll is called, when, if a quorum is found present, the speaker pro tem. de- clares the House to be qualified and competent to proceed to business.
If the members present have determined their choice for officers, the election proceeds forthwith; if not, an adjournment is had until the next day.
It is determined by the House whether the election for speaker, clerk, and sergeant-at-arms and the subordinate officers shall be by ballot, viva voce, or otherwise.
Candidates for speaker are nominated and the vote taken.
The speaker pro tem. announces the result, and names a committee to con- duct the speaker-elect to the chair. The other elections proceed in the same manner, except that when the result is announced by the speaker the officer- elect advances to the clerk's desk and is sworn in by the speaker.
A committee is then appointed to wait on the Senate, and inform it that the House is organized; or the clerk is directed, by resolution, to inform the Senate of the fact.
It is customary for the speaker to appoint a committee of three to meet with a committee of three from the Senate for the purpose of forming joint rules for the government of both houses; and when completed the committees report to their respective houses.
By concurrent resolution both houses meet in joint convention to canvass the vote for executive officers.
When it has been determined who are the executive officers, a joint com- mittee of both houses is then appointed to wait on the governor and inform him that both houses of the General Assembly are organized, and that the houses are in readiness to receive any communication from him.
The Senate and House usually assemble in joint convention in the chamber of the House upon some day and hour suggested by the governor, during the first week of the session to hear his message.
The message is usually read by the executive, but may be read by his private secretary, or by anyone the governor may appoint.
At the first opportunity after hearing the message read the various recom- mendations therein contained are referred, by resolution, to appropriate standing committees, or select committees.
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Standing committees are appointed by the speaker at as early a day in the session as is possible. Each committee usually consists of five members, but the House determines the number.
TERRITORIAL OFFICERS OF COLORADO
GOVERNORS
William Gilpin, appointed by Abraham Lincoln. . July 8, 1861
John Evans, appointed by Abraham Lincoln. April 19, 1862 Alexander Cummings, appointed by Andrew Johnson . Oct. 17, 1865 A. C. Hunt, appointed by Andrew Johnson . May 27, 1867
Edward M. McCook, appointed by U. S. Grant. June 15, 1869
Samuel H. Elbert, appointed by U. S. Grant. March 9, 1873 Edward M. McCook, reappointed by U. S. Grant August, 1874
John L. Routt, appointed by U. S. Grant. March 29, 1875
SECRETARIES
Lewis Ledyard Weld, appointed by Abraham Lincoln. . July 8, 1861
Samuel H. Elbert, appointed by Abraham Lincoln April 19, 1862
Frank Hall, appointed by Andrew Johnson. May 2, 1866
Frank Hall, appointed by U. S. Grant June 15, 1869
Frank Hall, reappointed by U. S. Grant. . June 18, 1873
John W. Jenkins, appointed by U. S. Grant. February 12, 1874
John Taffe, appointed by U. S. Grant August 16, 1875
TREASURERS
George T. Clark, appointed by Governor Gilpin. November 12, 1861
Alexander W. Atkins, appointed by Governor Evans. March 17, 1864
A. C. Hunt, appointed by Governor Cummings. January 25, 1866
John Wanless, appointed by Governor Cummings. September 5, 1866 Columbus Nuckolls, appointed by Governor Hunt December 16, 1867
Columbus Nuckolls, reappointed by Governor Hunt . March 17, 1868
George T. Clark, appointed by Governor McCook. February 14, 1870
George T. Clark, reappointed by Governor McCook. February 17, 1872
David H. Moffat, Jr., appointed by Governor Elbert. January 26, 1874
Frederick Z. Salomon, appointed by Governor Routt. February 11, 1876
AUDITORS
Milton M. Delano, appointed by Governor Gilpin. November 12, 1861
Richard E. Whitsitt, appointed by Governor Evans. March 10, 1864
Richard E. Whitsitt, appointed by Governor Cummings January 26, 1866
Hiram J. Graham, appointed by Governor Cummings. December 13, 1866 Nathaniel F. Cheesman, appointed by Governor Hunt. January 7, 1868 James B. Thompson, appointed by Governor McCook. February 15, 1870
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James B. Thompson, reappointed by Governor McCook February 14, 1872
Levin C. Charles, appointed by Governor Elbert. . January 26, 1874
Levin C. Charles, reappointed by Governor Routt. February 12, 1876
SUPERINTENDENTS OF PUBLIC INSTRUCTION
William J. Curtice, appointed by Governor Gilpin. November 7, 1861
William S. Walker, appointed by Governor Evans November 15, 1863
*Alexander W. Atkins. February 10, 1865
*John Wanless January, 1866
*Columbus Nuckolls. March, 1867
Wilbur C. Lothrop, appointed by Governor McCook. March, 1870
Wilbur C. Lothrop, reappointed by Governor McCook. March, 1872
Horace M. Hale, appointed by Governor Elbert. . July 24, 1873
Horace M. Hale, reappointed by Governor Elbert. .1874
Horace M. Hale, reappointed by Governor Routt February 9, 1876
DELEGATES TO CONGRESS
Hiram P. Bennet, elected. December 2, 1861
Hiram P. Bennet, re-elected. October 7, 1862
Allen A. Bradford, elected. . July 11, 1864
George M. Chilcott, elected. November 14, 1865
George M. Chilcott, re-elected August 7, 1866
Allen A. Bradford, re-elected September 8, 1868
Jerome B. Chaffee, elected. September 13, 1870
Jerome B. Chaffee, re-elected September 10, 1872
Thomas M. Patterson, elected . September 8, 1874
JUDGES OF THE SUPREME COURT-CHIEF JUSTICES
Benjamin F. Hall, appointed by Abraham Lincoln. March 25, 1861
Stephen S. Harding, appointed by Abraham Lincoln. July 10, 1863
Moses Hallett, appointed by Andrew Johnson April 10, 1866
Moses Hallett, reappointed by U. S. Grant April 30, 1870
Moses Hallett, reappointed by U. S. Grant. 1874
ASSOCIATE JUSTICES
Charles Lee Armour, appointed by Abraham Lincoln March 28, 1861
S. Newton Pettis, appointed by Abraham Lincoln. .July 9, 1861
Allen A. Bradford, appointed by Abraham Lincoln. .June 6, 1862
Charles F. Holly, appointed by Andrew Johnson . June 10, 1865
William H. Gale, appointed by Andrew Johnson June 10, 1865
William R. Gorsline, appointed by Andrew Johnson. . June 18. 1866
Christian S. Eyster, appointed by Andrew Johnson August 11, 1866 James B. Belford, appointed by U. S. Grant June 17, 1870
* Ex officio as Territorial Treasurer.
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Ebenezer T. Wells, appointed by U. S. Grant February 8, 1871
James B. Belford, reappointed by U. S. Grant 1874
Amherst W. Stone, appointed by U. S. Grant. March 1, 1875
Andrew W. Brazee, appointed by U. S. Grant February 24, 1876
UNITED STATES ATTORNEYS FOR COLORADO
Name
Date of Appointment
Theodore Edwards.
March 27, 1861
James E. Dalliba. August 19, 1861
Samuel E. Browne
April 8, 1862
George W. Chamberlin
October 1, 1865
Henry C. Thatcher
April 19, 1869
Lewis C. Rockwell
. June 7, 1870
H. C. Alleman. April 15, 1873
Charles D. Bradley
. June 30, 1875
Westbrook S. Decker.
January 12, 1877
Edward L. Johnson.
. May 10, 1880
Andrew W. Brazee
September 5, 1882
Henry W. Hobson
. May 28, 1886
John D. Fleming.
March 23, 1889
Henry V. Johnson
April 15, 1893
Greeley W. Whitford
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