USA > Colorado > History of the State of Colorado, Vol. I > Part 18
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tem of civil order. It may be accomplished within the narrow and exclusive limits of a secret society, perhaps, wherein every member is subject to arbitrary rules, but never in the ordinary walks of life. It is the gentler element alone which modifies, regulates, restrains the evil passions, purifies, elevates and ennobles mankind, and fits him for supreme direction. Nowhere in the history of our race upon this con- tinent is this fact more fully exemplified than in the formative stages of its great mining camps. There was no orderly administration of justice, no well adjusted scheme of government here until the wives and daughters of the pioneers appeared and began to exercise their influence in the establishment of churches, schools and missions, and incidentally upon the organization of society. For more than twelve months there were but few women or children to soften and put the brutal instincts of misguided man to shame.
When these resistless civilizers were supplied, lo! a wondrous transformation began. Theretofore the miscellaneous horde dwelt in tents, or the rudest of log habitations, doing their own cooking, wash- ing, and other household duties, in which there was a lamentable omission of cleanliness. All carried deadly weapons, to protect them- selves from the lawless. Thefts, robberies, murders and a general assortment of outrages occurred, but there was no remedy save that of the always to be deprecated form of justice meted out by irresponsible vigilance committees, and this was sparingly exercised. For the want of comfortable households the unoccupied majority spent their time in the saloons making beasts of themselves, or gambling away their pos- sessions. Lacking beds, they rolled themselves in blankets and lay down upon the ground under the shining stars. Lacking families, they congregated in unholy places and fell under the temptations there pre- sented. I have seen hundreds of men about the gambling tables, pre- sided over by men whose only object was to cheat and deceive, betting away, first their money, next their fire arms, next their clothing, and finally their teams, wagons and contents, everything of value they pos- sessed, upon the turn of a card in the hands of dexterous three card
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monte dealers. Such men, stripped and helpless, became fit subjects for any desperate adventure that might be suggested to them. Some of the tables were conducted by women, richly appareled, handsome of face and form, but possessed of devils that were more devilish and ruinous than the coarser habits of their male employers and coadjutors. When the victim fell at such resorts he usually dropped to the lowest depths of degradation.
On the 6th of November, 1858, when there were less than two hundred men in this region, an effort was made to create a civil gov- ernment. A meeting was convened and an election held for delegate to Congress, and for a representative in the Kansas Legislature. The first was solemnly charged to proceed to Washington forthwith, and employ his best endeavors toward securing the organization of a sepa- rate territorial institution. To Hiram J. Graham was delegated the higher mission, while A. J. Smith took the lesser distinction. Both failed.
In a previous chapter reference was made to a second attempt which was inaugurated in April, 1859, whereby it was proposed to soar much higher and create a sovereign commonwealth. The consti- tutional convention then provided for met in Blake & Williams' Hall, on Blake street, and after discussing the proposition at some length, adjourned to the first of August, at which time one hundred and sixty- seven delegates, representing thirty-seven precincts, assembled to delib- erate further upon the momentous issues involved. The permanent organization effected, a brisk debate ensued as to whether they would have a State or only a Territorial form of procedure. It was decided ultimately in favor of the larger enterprise. A constitution was framed in accordance with this decision, submitted to the people, and over- whelmingly defeated. But the projectors, though silenced in regard to this proposition, were by no means disheartened. Another convention sprang up immediately afterward and gave birth to a second appeal for an assemblage of deputations on the first Monday in October, and the institution of a provisional government. The delegates assembled and
Justin Grenwell
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organized. After the committee of the whole had risen and reported that it was expedient to form such a government, H. P. A. Smith entered an emphatic protest on the ground-
First. That they had all the laws that existed in Eastern Kan- sas, adopted under the constitution of the United States.
Second. That they had no legal right to form such a government.
Third. That it was not called for by the people, nor was it neces- sary or proper.
Fourth. It would abrogate all the legal rights, and throw the country upon the results of a gigantic vigilance committee.
Fifth. That they had elected a delegate to Congress with instructions to ask for a territorial form of government, and by the action taken the convention clearly repudiated his election, and, at the same time, the laws of the United States.
No attention whatever was paid to this remonstrance. The com- mittee simply took up the business where it left off when interrupted, and proceeded to complete its programme. The address to the people took the position that the laws of Kansas could not be extended over this region, because the Indian title remained unextinguished, citing in proof the nineteenth section of the organic act of that Territory, wherein it was expressly stated that all such territory to which the Indian title had not been extinguished should be excepted out of the boundaries and form no part of the Territory of Kansas, until said tribe should signify their assent to the President of the United States to be included within the said Territory. And it was correct. Again it was declared that there were no courts of criminal jurisdiction or of appeal, and that the so-called organization of Arapahoe County, if contested, could not be sustained.
The upshot of the matter was the production of a constitution for a provisional government of the Territory of Jefferson, which was adopted, and an election ordered for the 24th of October.
At this election R. W. Steele of Florence, Nebraska, was chosen to be Governor; Lucien W. Bliss, Secretary of State; Charles R. Bissell, Auditor ; G. W. Cook, Treasurer; Samuel McLean, Attorney-General ;
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and Oscar B. Totten, Clerk of the Supreme Court, composed of A. J. Allison, Chief-Justice, with John M. Odell and E. Fitzgerald as Asso- ciates. John L. Merrick became Marshal, and H. H. McAfee Superin- tendent of Public Instruction.
Intelligence of this unauthorized proceeding was quickly conveyed to the seat of government in Kansas, where it excited very general con- sternation, resulting in an order from the Executive to the people to hold an election for delegate to Congress, and officers for Arapahoe County, under the laws of that Territory. This order being disapproved, it was wholly ignored
The original Constitutional Convention held in August, made pro- vision for the election of a delegate to Congress on the first Monday in October, in the event of the rejection of their fundamental charter, which as we have seen, went to the wall. Therefore, the next move in order was the holding of such election. Eight candidates entered the field -Beverley D.Williams, R. W. Steele, C. A. Roberts, J. H. St. Matthew, George M. Willing, Samuel Adams and Hiram J. Graham. There being no laws, no penalty for fraudulent registration or voting, no systematic arrangement of election machinery, frauds were committed that were not only gigantic, but in some cases highly amusing. This was especially true of the more populous mining districts where we have heard related by some of the perpetrators, many ludicrous incidents of the manner in which this first campaign was conducted. As the result, Williams received a majority of the votes cast, went to Congress, and there remained until the ultimate passage of the organic act creating the Territory of Colorado, in the spring of 1861.
But we are not yet done with the prevailing mania for the free and frequent enjoyment of the elective franchise. After the erection of the Provisional Government came the Provisional Legislature, composed of a Council, or Senate, of eight members, and a House of Representatives of twenty-one. The first consisted of N. G. Wyatt, Henry Allen, Eli Carter, Mark A. Moore, James M. Wood, James Emmerson, W. D. Arnett and D. Shafer; and the House, of the following: John C. Moore,
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W. P. McClure, William M. Slaughter, M. D. Hickman, David K. Wall, Miles Patton, J. S. Stone, J. N. Hallock, J. S. Allen, A. J. Edwards, A. McFadden, Edwin James, T. S. Golden, J. A. Gray, Z. Jackson, S. B. Kellogg, William Davidson, C. C. Post, Asa Smith and C. P. Hall.
On the 7th of November, the two bodies convened in joint session, when Governor Steele delivered his message, a well-considered document that compares favorably with any since issued. It reviewed the entire situation from the point of actual developments, giving suc- cinctly the needs and reasons for the creation of the Provisional structure, and explaining why the attempts made by Kansas to exercise her jurisdic- tion had proven abortive. Having been denied protection to life and property, the people, who were sovereign, had taken the only measures left them to secure it.
In announcing the consummation of the scheme, the "News," after taking down from its headlines the Territory of Kansas and substituting that of Jefferson, gave utterance to the rather, at this date, interesting prophecy : "We hope and expect to see it stand until we can boast of a million of people, and look upon a city of a hundred thousand souls having all the comforts and luxuries of the most favored. Then we will hear the whistle of the locomotive and the rattle of trains arriving and departing on their way to and from the Atlantic and Pacific. * *
The future of Jefferson Territory-soon to be a Sovereign State-is glorious with promise. No country in the world in so short a time has developed so many resources of wealth." Let the reader bear in mind the significant fact that this prediction was published nearly thirty years ago, in a city of less than two thousand fixed residents, and in a Territory which cast less than three thousand legal votes ; when flour was worth $14 to $20 per 100 lbs .; corn meal $10, bacon, sugar and coffee 25 cents per pound, salt 12, beans 123, butter 75, lard 50, crackers 20, bread 15, lumber $60 per 1,000, nails $20 per keg, and common window glass $10 to $12 per box. Happily, the writer of the editorial quoted has lived to witness and enjoy the verification of his dream in everything, and in even
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greater measure than his imagination then portrayed, save the million of inhabitants, but the balance are coming.
The Legislature proceeded with its duties, paying respectful attention to the suggestions of the inaugural. Some valuable laws were enacted, among them a charter incorporating the city of Denver ; providing for the organization of nine counties, and the election of officers therein ; levying a poll tax of one dollar per capita to provide a revenue, and for the appointment of a committee to prepare and report to an adjourned session on the 23d of January, 1860, full civil and criminal codes.
The levy of the per capita tax was strenuously opposed. By insti- gation of the malcontents who omitted no effort to bring the provisional establishment into disrepute, the miners were informed that the legisla- ture before adjourning had enacted a law taxing them six to seven dollars each, to be collected at once, and in addition placed a tax of a certain percentage upon all mining claims at their estimated value. The rumor spread like wildfire, and incited a general revolt. A sharp remon- strance signed by six or seven hundred miners was sent in, repudiating in effect the government and all its acts. Its reception here created a lively sensation among a cloud of political aspirants, coming as it did on the eve of the municipal election under the recently granted charter. Many candidates withdrew precipitately from the field under the appre- hension that the entire fabric which had been erected with so much care had fallen into ruin. But through the efforts of the more patriotic, quiet was soon restored by the dissemination of the facts.
The election for municipal officers was held at the appointed time, and John C. Moore elevated to the office of Mayor, who succeeded in instituting a strong and effective administration. Being a Southerner by birth, when the rebellion broke out he went home and became an officer in the Confederate service.
We will now consider the measures taken for the introduction of other essential elements of progress. For twelve months the people had been without mails or any means of communication with the States, save the passage to and fro of emigrant and merchandise trains. Up to
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June 7th the mails destined for this city had been carried by the Salt Lake stages, and dropped at Fort Laramie. Later they were forwarded from the old California crossing of the Platte. The charge on each letter was fifty cents, and on newspapers ten cents, and when received were from one to three months old.
On Saturday, June 7th, two coaches of the "Leavenworth & Pike's Peak Express" arrived, bringing nine through passengers,-among them Horace Greeley, editor of the New York "Tribune," Albert D. Richard- son, staff correspondent of the Boston "Journal," and Henry Villard of the Cincinnati "Commercial." These gentlemen came on the long and try- ing journey expressly to investigate the reputed discoveries of gold in the Rocky Mountains. Fortunately for the result, John Gregory had made his valuable discovery just a month previous, hence when these visitors arrived and proceeded to the gulch as they did immediately, there was something substantial to exhibit. Their conclusions are set forth in the preceding chapter. The coaches in which they came left Leaven- worth on the 28th of March, and were followed April Ist by a long train of wagons bearing materials for the equipment of the road,-camp sup- plies and so forth for the requisite stations, established at intervals of twenty-five miles. The route pursued was from Leavenworth to Riley, thence along the divide between the Republican and Solomon Forks of the Kansas, crossing the heads of its tributaries for some distance, and then bearing northward to the Republican, the south side of which it followed to a point near its source ; thence to the heads of the Beaver, Bijou and Kiowa Creeks through the pineries to Cherry Creek, and so on to Denver. The entire length of the line was six hundred and eighty- seven miles, which was, however, subsequently reduced seventy or eighty miles by "cut offs." Wood, water and grazing lands were abundant along the greater part of the route. The company had purchased fifty- two Concord coaches, one of which left either end of the line daily, and when established made the trip in ten to twelve days. John S. Jones was the resident agent at Leavenworth, and Dr. J. M. Fox in Denver, while Nelson Sargent, still a resident of this city, and at a later period,
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proprietor of the old Tremont House on the West side-managed the western division. This established a convenient medium of rapid (?) transit, and a safer thoroughfare for immigrants who thereupon aban- doned the Indian-infested and inhospitable Smoky Hill. The line was laid out by B. D. Williams, our first duly accredited delegate to Con- gress, as noted elsewhere. Mr. Williams is at this time a practicing attorney in the city of Little Rock, Arkansas. He has made but one visit to Denver since the early days in which he assumed a prominent part, and that in 1887.
The Pike's Peak Express had been operated only a short time when it was purchased by John S. Jones, and Messrs. Russell, Majors and Waddell,-contractors for the transportation of government supplies to the troops in Utah,-and a new company organized, which also absorbed the Hockaday passenger and express line plying between the Missouri River and Salt Lake City. Under the charter granted by the Kansas legislature it took the title of the "Central Overland, California and Pike's Peak Express Company," abbreviated to "C. O. C. & P. P. Express." An office was opened in Denver on the site now occupied by Henry C. Brown's building at the corner of Sixteenth and Holladay streets, with Judge Amos Steck in charge, who politely delivered up letters for twenty-five cents each. A more accommodating or efficient agent could not have been named. Possessed of a remarkably retentive memory for names, faces and events, it was the work of an instant for him to answer any inquiry that might be made. No matter how com- plex, strange or unpronounceable the name of the applicant, if there was or was not a letter for him, Steck knew it without examining the boxes. If a man applied at any time thereafter, even after a lapse of a year, Steck recognized him immediately, and called him by name. He rarely made a mistake. His efficiency and his breezy welcomes became the subject of current talk all over the land. To this day the pioneers at their annual or periodical gatherings take infinite pride in relating their experiences at the office of the C. O. C. & P. P. Express.
As discovered in after times when the company fell under financial
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disaster, it started out extravagantly, with insufficient capital and with a considerable debt. The expense of re-establishing the line was neces- sarily heavy. It was not long before serious embarrassment began to be felt. General Bela M. Hughes, its manager, struggled heroically against the tide. He built the new line not only to Denver but to Salt Lake, taking the shorter and better Platte route. Their capital exhausted, resort was had to borrowing, and Ben Holladay became the lender. Large sums were advanced from time to time to relieve the company from its financial straits. As a natural result there was a mortgage cov- ering its entire property. Whether justly or not, we do not care to inquire, the mortgage was foreclosed, and the property passed under Holladay's control. General Hughes managed it superbly for a year, and then resigned.
In 1860 the Butterfield Southern Overland Express Company, which ran a line of coaches through Texas and Arizona to California, en- deavored to capture the long coveted U. S. mails from the Pacific Steam- ship Company by a demonstration of more rapid time. Its trial trip was made in twenty-one days as against twenty-three days by water. But the scheme did not succeed. Meanwhile, W. H. Russell, who was also a sharp competitor for the contract, made preparations with the utmost secrecy for a grand coup d'etat designed to overwhelm his rivals by an unprecedented sweep of enterprise. His project comprehended the establishment of a Pony Express between St. Joseph, Missouri, and Sacramento. When everything was in readiness, he published a card in the New York "Herald," stating that on a certain date he would begin carrying letters between the points named, guaranteeing their delivery in nine days. For letters weighing two ounces or less, the charge was five dollars, other mail matter being subject to special contract. Of course this bold challenge created profound astonishment, but was received with great rejoicing by merchants and bankers doing business in California ..
Pony riders started simultaneously from each end of the route on the morning of April 9th, 1860, in the presence of a great multitude attracted to the scene by this altogether novel event in the way of
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overland dispatch. At St. Joseph the animal led out was a beautiful, delicate limbed, but strong and fleet pony of jet black, groomed to the highest state of perfection. At Sacramento a pure white steed of equal value took a like position. So great was the interest in San Francisco that a thousand or more citizens of that metropolis accompanied horse and rider by steamer to Sacramento. At a given signal both riders mounted and were off like the wind, each speeding to his appointed station. Each rider covered from fifty to seventy-five miles, and at the end another horse and rider stood ready to receive his burden. The saddle bags were transferred without delay, passed to the next, and so on to the end. The first trip was accomplished in eight days and four hours.
As a result of this daring exploit, " Uncle Billy Russell " gathered in the government contract for transporting the United States mails to Salt Lake, and subsequently to Denver.
On the 4th of March, 1860, a line of coaches was established between Denver and Gregory by Kehler & Montgomery. About the same time Hinckley & Co. put on a similar line. Both were swallowed up by the parent line from the East, which thereafter maintained its supremacy.
On the 19th of October, 1859, to go back a few months with the intention of picking up the scattered threads of events, there occurred one of the melancholy incidents that give a sad coloring to many fron- tier communities, the shadow of which in this case hung over the participants for years afterward.
From some cause never published, and into which we have no inclination to penetrate, a quarrel occurred between William P. Mc- Clure and Richard E. Whitsitt, which could only be settled by a hos- tile meeting. The challenge was sent by McClure's second, John C. Moore, on the 18th, was promptly accepted by Whitsitt, Colt's navy revolvers named as the weapons, a mile above the city on Cherry Creek designated as the battleground, and the hour the following even- ing-distance ten paces, Morton C. Fisher acting for the party chal-
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lenged. When the ground had been measured and the principals placed in position, the Sheriff appeared and endeavored to stop the proceeding, but without avail. The parties fired simultaneously at the word of command. For a few moments each of the combatants retained his position, but soon McClure was observed to recoil a step or two, saying to his surgeon, who had approached, "I am hit." The parties to the encounter, and the bystanders, about two hundred in number, returned to town, when McClure's injuries were examined. The ball, which had taken effect in the groin, was extracted, and thirty days later the wound healed.
In the autumn of 1859 the town of Highlands, now North Denver, was organized, but made slight progress until recent years.
The Provisional Legislature adjourned December 7th, and on the 8th an election was held for a representative in the Kansas Legislature from Arapahoe County, when Richard Sopris was chosen.
In the latter part of the same year the town of Auraria, now West Denver, began to assume a more substantial and metropolitan appearance by the introduction of two-story buildings devoted to busi- ness. To supply and cultivate the literary tastes of the people, Arthur E. Pierce-now a resident of South Denver-opened a news stand with a circulating library, on a rough pine table under the shade of a cottonwood tree. It was soon ascertained that he had punctured a vein of appetite which developed by what it fed upon. In a short time the profits of his trade enabled him to enlarge his stock and open a sec- ond department in Graham's Pioneer, or "City Drug Store," situated on the east side. Says the local chronicler of the period, in rounding off the item, though we fail to perceive its relevancy, " From this small beginning sprang the trade that is now (1866) so extensively carried on by Messrs. Woolworth & Moffat on Larimer street, and George W. Kassler & Co. on Blake street."
We find in a curious incident of the time the possible beginning of wheat culture in Colorado, which brings to mind the antiquated maxim that "great oaks from little acorns grow." In passing the cultivated
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garden of W. H. Parkinson, a citizen observed in a sheltered corner two vagrant stalks of wheat, well headed with plump and beautiful grain, thoroughly ripened. Though an apparently insignificant circum- stance, it attracted serious attention, owing to the universal interest in the unsolved problem relating to the extent to which the cultivation of cereals could be carried upon the uplands. It had been already dem- onstrated that vegetables in profusion could be raised along the rich loams of the bottoms bordering the streams, but here seemed to be at least a partial solution of the main question. By years of experi- menting it has been practically evolved that no soil in the world pro- duces finer wheat or more abundantly than the uplands of our State, when properly tilled and watered.
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