USA > Colorado > History of the State of Colorado, Vol. I > Part 23
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Handbills containing the proclamation were circulated in Denver and throughout the territory.
The first business in hand, by instruction of Congress was a census of the population. In September the official returns were published by the U. S. Marshal as follows:
White males over 21 years of age. 18,136
Under 21 years of age. 2,622
Females 4,484
Negroes
89
Total population. 25,33I
The enumeration for Denver returned less than three thousand, whereas the general estimate had been five thousand. Both results were disappointing. We had counted the hundreds coming in as thousands, but failed to take note of the outgoing throngs. The population was indisputably much lighter in 1861 than in 1860, for the reason that thousands had returned to the states, to join the Union or the Confed- erate forces, as their sympathies directed.
Governor Gilpin's first official act of record was to swear in the judges of the Supreme Court. Up to the first of July only Judges Hall and Pettis had arrived. The next was to organize the judicial districts and assign the judges. The first district comprised all the territory east of the meridian line passing through the town of Arapahoe; Court at Denver, Chief-Justice Hall.
The second district embraced all the territory west of the same meridian and north of the parallel of the town of Bradford; Court at Central City, S. Newton Pettis presiding.
The third district took in all the territory west of said meridian, and south of the parallel of the town of Bradford ; Court at Canon City, Charles Lee Armour, presiding.
The Governor made a general tour of the settlements, especially the mining regions, was everywhere cordially welcomed, and by his addresses produced a favorable impression.
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HISTORY OF COLORADO.
On the 2d of August Secretary Weld felt it to be incumbent upon him to advise Secretary Seward of the state of affairs in the territory. He mentioned the fact that the officers had been received with much enthusiasm by the people, who hailed with delight their advent among them as the sure promise of relief from a disorganized and chaotic state of law and society from which they earnestly desired to be freed. Though separated by seven hundred miles of uninhabited plains from their homes in the states, the people were entirely loyal to the Union and the constitution, watching with the intensest anxiety the progress of events at the east, and earnestly and patiently applying themselves to the development of the resources of the soil and the mines of precious metals. Several of the officers had not arrived, and until they were on the ground it would be quite impossible to set the machinery of govern- ment in order. If much longer delayed, he suggested the propriety of appointing others in their places. James E. Dalliba was recommended for District Attorney. He was eventually appointed.
The Supreme Court organized July 10th being opened with prayer by the venerable Dr. Kehler; Judge Hall presided, and Baxter B. Stiles was appointed Clerk. Rules were promulgated, and a number of attorneys admitted to practice. William B. Likins, John P. Slough, Allyn Weston, I. N. Bassett, and J. T. Coleman were appointed to examine applicants for admission to practice .* Leavitt L. Bowen was appointed District Attorney pro tempore.
The first Territorial legislature convened September 9th. In the temporary organization of the House, Mr. Chaffee was elected speaker, being succeeded in the regular order by Charles F. Holly. H. F. Parker was chosen president of the Council. In due time Governor Gil- pin delivered his message, and both Houses passed resolutions of loyalty to the Union, which were duly transmitted to Washington. The volume
*The following were reported: Moses Hallett, A. M. Cassidy, Selden Hetzel, Jacob Downing, James E. Dalliba, Baxter B. Stiles, Leavitt L Bowen, George Wilson, George W. Purkins, Edward C. Jacobs, William Perry, George F. Crocker, N. G. Wyatt, Lewis B France, Amos Steck, John Wanless, John C. Moore, Samuel L. Baker, David C. Collier, Gilbert B. Reed, William HI. Farner, H. R. Hunt, J. II. Sherman, John P. Slough, James T. Coleman, I. N. Bassett, Allyn Weston, William B. Likins, J. Bright Smith, William Gilpin, Lewis Ledyard Weld.
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of laws enacted during the session of sixty days, form the basis of all the present statutes, being modeled chiefly from those of the state of Illinois.
On the Ist of July a convention of the Union party was held at Golden City to nominate a candidate for Delegate to Congress. Amos Steck presided. H. P. Bennett received the nomination. Beverley D. Williams was placed at the head of the People's ticket. Mr. Bennett carried the election by nearly a two-thirds majority.
To illustrate briefly the condition of public feeling upon the great national issues, and to indicate the direction taken by the opposing forces, the following incidents are given: S. W. Waggoner, "the bravest of the brave," and W. P. McClure were intimate friends, though widely separated in sentiment respecting the impending conflict. Mc- Clure was a secessionist of the most ardent type, while Waggoner was equally pronounced in his devotion to the Union. McClure had been appointed Postmaster at Denver by President Buchanan. He informed Waggoner that he was expecting a beautiful silk Confederate flag from St. Louis, and when received he would like to show it to him. When the emblem of disunion arrived by mail, Waggoner sat in the postoffice reading a late paper and eagerly scanning the developments of the war, when McClure, in the presence of two or three sympathizers, opened the package containing the flag and spread it out to their admiring gaze. He called Waggoner to look at it, but without avail. Finally, after much importuning, he arose and said : " I want to see none but the flag of my country." They insisted upon a closer inspection, which net- tled him, and being a furious tobacco chewer, as they brought the emblem for a closer examination, he spat the contents of his mouth upon it, exclaiming, "There, that's what I think of your infernal rebel rag !" and marched out. Anticipating a challenge he prepared for it, but received instead a letter demanding an apology. This he declined to make, but sent a reply in which, after reminding McClure of their long and close friendship, he wrote, "I didn't mean to insult you per-
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sonally, but to express my contempt for the cause you represent." The explanation was accepted and there the matter ended.
A Confederate flag was raised one day over Wallingford & Mur- phy's store, situated on Larimer street near Sixteenth. A crowd assembled, and while some were disposed to remove it by force, the majority favored ridiculing it by passing all sorts of humorous remarks upon it. Still, there was that in the spirit of the audience which gave the owners warning that the flag must be taken down, or serious conse- quences would follow. In a few moments it disappeared, when the owners received notice that Denver was a Union city, and no other than the Stars and Stripes would be permited to float over it.
Judge Bennett being of the party, proposed as in some sense a test of the patriotism of the community, to raise a flag over his residence on the West Side. He had traded a lot in Golden City to George West of the Boston Company for the grand old banner, and felt that it ought to be displayed. The town was invited to the ceremony, and the greater part attended. The demonstration proved sufficient to denote an over- whelming majority for the Union cause. Hitherto the secession element had been rampant and boisterous. Afterward they made little or no parade of their disloyalty. The voice of the public had been heard. Among the more outspoken, resolute and emphatic, was Jacob Downing, who pronounced in unmistakable terms his condemnation of all who were against their country.
At the first sound of the approaching crisis, Gilpin, like an exper- ienced soldier, took what were suggested to his mind as proper measures in preparation for the storm. At his instigation a number of military companies were enrolled, and put under drill and discipline, so that an armed force might be in readiness for any emergency. Toward the latter part of July, John P. Slough received a commission to recruit two companies for the United States Army, with the design as then stated, when filled, of sending them to Fort Garland, to relieve the reg- ular troops stationed there, which were to be sent to the states. Samuel F. Tappan recruited a company in and about Gregory Point, Black
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HISTORY OF COLORADO.
Hawk and Central. The Governor in his zeal for the cause assumed entire control of military affairs, claiming authority from the Secretary of War to raise a full regiment of volunteers. He appointed a military staff, with R. E. Whitsitt as Adjutant General, Samuel Moer Quarter- master, John S. Fillmore Paymaster and Morton C. Fisher purchasing agent. The latter was sent out to buy and collect all the arms that could be obtained. As every settler and emigrant had brought at least one rifle or shotgun, the supply was large. By this process the Union men were disarmed and rendered powerless for their own defense, while the secessionists who refused to sell theirs were united and in order for a contest, if need be. Many of the weapons were bought at extravagant prices, and the miscellaneous collection turned in to the common arsenal for the equipment of the troops. As the enlisted men had to be fed, clothed and otherwise provided for, and there being no other way of meeting the expense, the Governor issued drafts direct upon the Sec- retary of the Treasury. These drafts were readily accepted by the merchants and others who furnished supplies, upon the assumption, nowhere disputed, that he, as the accredited officer of the government, possessed the right to issue them. His entry among the people had been auspicious. His enthusiastic interest in the country, his unwearying exertions to make its resources known of all men, and the wisdom of his official acts thus far, inspired unbounded respect and confidence. They never suspected for an instant that he had no more authority to write these drafts than the merchant who sold the goods, or any other citizen. The executive department assumed the dual character of a civil and a military establishment, the latter predominating. Gilpin's orders to the troops were respected and obeyed. Having been apprised that Col.
Philip St. George Cooke and Major Pleasanton were marching from Salt Lake eastward with the remnants of General Johnston's army, he sent a messenger to intercept and if possible to divert their march to Denver. Col. Cooke was advised by letter that this was the great line to be - defended, and as he (Gilpin) was already engaged in raising troops for the field, the regulars should come here and support them. But he
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declined to disobey his orders to march to Washington, so that project had to be abandoned.
In the course of his administration, drafts amounting to about $375,000 were issued. When they reached Washington for collection the head of the treasury, Salmon P. Chase, was simply astounded. Our delegate in Congress, Mr. Bennett, wrote the governor that they would not be paid, that the entire business was irregular, and could not be recognized. The government was under a heavy strain for ways and means to meet its own expenses. The treasury was empty, and a loan seemed impossible. But the merchants here were in dire distress. They had exhausted their stocks, and must have new ones to meet cur- rent orders. When informed of the repudiation of the drafts they were in despair. Trade languished, money grew scarcer and scarcer and the whole situation was deplorable in the extreme. They opened and poured out the vials of their wrath upon the governor. Public indignation rose to a lofty pitch. Ruin stared many in the face. His Excellency was beset and bedeviled on all sides, but he was powerless to afford relief. The troops were in camp idle, many of them vicious, some mutinous. It became evident that something must be done to avoid a serious ebullition. In hopes of being able to still the tempest, by securing some sort of recognition of his claims, the governor went to Washington. Meanwhile Secretary Chase had sent for delegate Bennett and given him a fearful lecture upon the manner in which this business had been man- aged by the people of Colorado. The delegate explained that the people were not chargeable with the misguided acts of the govern- ment officials. They were wholly unfamiliar with the treasury methods but understood that Gilpin had full authority for his acts. The matter went to a Cabinet meeting but reached no conclusion there. Gilpin was removed, and Dr. John Evans, of Illinois, appointed. While there may have been intrigues against him growing out of the general ascerbity of feeling, these were less effective in accelerating his down- fall than his own unwarranted acts. No one doubts that his defensive
Н. WBacreser
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measures, though unauthorized, were prompted by the loftiest patriot- ism; no one denies that in the sequel his wisdom and promptitude pre- served the Territory from hostile invasion, and prevented the subver- sion of the Union control over New Mexico, and therefore the anom- alous course pursued was, viewed in this light, fully justified. His habits of life, thought and action had been, first essentially those of the well trained soldier, but they were overshadowed by the persistent bent of his mind toward the abstruse sciences. He had had no schooling in financial problems. His thoughts were constantly soaring above and beyond the petty details of existence, lost in the immeasurable expanse of vast projects for the regeneration of continents and worlds. Com- pelled to recognize the necessity which confronted the nation, and that portion of it which he had been sent to govern, the military spirit took possession, and while organizing he met the contingencies in the only way he could think of. He saw the black tempest of war in the heavens and, without pausing to consider whether his course was legal or illegal, put his forces in line of battle to protect his people.
The holders of the drafts finally placed their claims, in the form of itemized vouchers, in the hands of Paymaster Fillmore who took them to Washington, and the First Regiment having meanwhile rendered splendid service in New Mexico, they were audited, first by the War Department, and next by the Treasury, and duly paid. The drafts were simply canceled, and probably destroyed. Fillmore received the ap- pointment of paymaster of volunteers, but neither he nor Whitsitt were allowed any compensation for their services on the governor's staff. Thus ended a matter which had not only excited acrimonious discord in the local government, but came dangerously near bankrupting the infantile metropolis.
Governor Gilpin was born October 4th, 1822, on the old battle- field of Brandywine, upon which his father had taken a tract for a homestead. At the age of ten years he was sent to England where he remained under tuition for three years. Returning to the United States, he entered the junior class at the University of Pennsylvania
18
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HISTORY OF COLORADO.
and having graduated, was appointed a cadet at West Point, graduating from that institution in 1836. Having been commissioned a lieutenant in the Second Dragoons, he reported to General Harney at St. Louis with whom he marched to Florida to engage in the Seminole war ; at its close he resigned from the army, locating in St. Louis. In 1841 he moved to Independence, Missouri, where he served two years as secre- tary of the legislature. Having studied law at West Point, he en- gaged in the practice of that profession. In 1843 he came west with Fremont as already mentioned in a previous chapter, passing on to the mouth of the Columbia River. The few white settlers on the Willa- mette composed of Americans, French Canadians, and employes of the British fur companies, whalemen, Catholic missionaries, etc, resolved to form a territory. Gilpin drew up their memorial to Congress and was commissioned by them to lay it before that body. This mission was only partially successful. He claims to have founded the city of Portland, Oregon. His military services in subjugating the Indians of New Mexico and in the Mexican war, have been related. From 1848 to 1861 he resided in Independence. While his administration lasted but a single year, he had the satisfaction of knowing before its close that the troops he had organized with so much difficulty, and under such extraordinary circumstances, had crushed the attempted invasion of New Mexico and Colorado by the Confederate arms.
1
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HISTORY OF COLORADO.
CHAPTER XIX.
1861-1862-ACTIVITY OF THE SECESSIONISTS-PLOT TO CAPTURE COLORADO AND NEW MEXICO-ORGANIZATION OF THE FIRST REGIMENT COLORADO VOLUNTEERS-ITS MARCH TO FORT UNION-BATTLES OF APACHE CANON AND PIGEON'S RANCH- GALLANT EXPLOITS OF MAJOR CHIVINGTON-SLOUGH'S RESIGNATION-CHIVING- TON APPOINTED TO COMMAND-HIS ABILITY AS A LEADER-SERVICE RENDERED BY CAPTAINS DODD AND FORD-M'LAIN'S BATTERY.
During the organization of the troops called for by Governor Gilpin, the sympathizers with and abettors of the Southern Confederacy resolved upon a counter movement, which was inaugurated by the posting of handbills in all conspicuous places between Denver and the mining camps, designating certain places where the highest prices would be paid for arms of every description, and for powder, lead, shot and percussion caps. Simultaneously, a small force was collected and put under discipline to cooperate with parties expected from Arkansas and Texas who were to take possession, first of Colorado and subsequently of New Mexico, anticipating the easy capture of the Federal troops and stores located there. Being apprised of these movements, the governor immediately decided to enlist a full regiment of volunteers. John P. Slough was appointed Colonel, Sam. F. Tappan Lieut .- Colonel, and J. M. Chivington Major, with the following company officers :
Company A, E. W. Wynkoop Captain, J. R. Shaffer and J. C. Davidson Lieutenants ; Company B, S. M. Logan Captain, Isaac Gray and E. A. Jacobs Lieutenants ; Company C, Richard Sopris Captain, Alfred S. Cobb and Clark Chambers Lieutenants ; Company D, Jacob Downing Captain, W. H. Roath and Eli Dickerson Lieutenants ; Com-
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pany E, Scott J. Anthony Captain, J. O. Buell and J. A. Dawson Lieu- tenants ; Company F, Samuel H. Cook Captain, George Nelson and W. F. Marshall Lieutenants ; Company G, J. W. Hambelton Captain, WV. F. Wilder and John C. Anderson Lieutenants ; Company H, George F. Sanborn Captain, J. P. Bonesteel and B. N. Sanford Lieutenants ; Com- pany I, Charles Mallie Captain, Charles Kerber and John Baker Lieu- tenants ; Company K, C. P. Marion Captain, George S. Eayers and Robert McDonald Lieutenants. Recruiting offices were opened in Den- ver, Boulder, Colorado City, Cañon City, and all the mining sections of the territory. Enlistments proceeded rapidly, and the regiment was completely filled about the middle of September.
Without telegraphs or railroads nearer than the Missouri River, and wholly dependent upon the overland mail coach for communication with the states and the authorities at Washington, all news was at least a week old when received here. Thus in a condition of doubt and extreme anxiety, the troops passed the time until the 6th of January, 1862, when information arrived that an invading force under Gen. H. H. Sibley from San Antonio, Texas, was approaching the southern border of New Mexico, and had already captured Forts Fillmore and Bliss, taking pris- oners their garrisons without firing a gun, and securing all their stock and supplies.
Immediately upon the receipt of this intelligence, efforts were made to obtain the consent of, or orders from General Hunter commanding the department at Fort Leavenworth, Kansas, for the regiment to go to the relief of General Canby, then in command of the department of New Mexico. On the 20th of February orders came from Gen. Hunter direct- ing Colonel Slough and the First Regiment of Colorado Volunteers to proceed with all possible dispatch to Fort Union, or Santa Fé, New Mexico, and report to Gen. Canby for service.
Two days thereafter the command marched out of Camp Weld two miles up the Platte River, and in due time encamped at Pueblo, on the Arkansas River. At this point further advices were received from Canby stating that he had encountered the enemy at Valverde, ten miles north
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of Fort Craig, but owing to the inefficiency of the newly raised New Mexican volunteers, was compelled to retire. The Texans under Sibley marched on up the Rio Grande River levying tribute upon the inhab- itants for their support. The Colorado troops were urged to the greatest possible haste in reaching Fort Union where they were to unite with such regular troops as could be concentrated at that post, and thus aid in saving the fort and its supplies from falling into Confederate hands. Early on the following morning the order was given to proceed to Union by forced marches, and it is doubtful if the same number of men ever marched a like distance in the same length of time.
When at the summit of Raton Pass, another carrier from Canby met the command, who informed Col. Slough that the Texans had already captured Albuquerque and Santa Fé with all the troops stationed at those places, together with the supplies stored there, and that they were then marching on Fort Union.
Arriving at Red River about sundown, the regiment was drawn up in line and this information imparted to the men. The request was then made for all who were willing to undertake a forced night march to step two paces to the front, when every man advanced to the new alignment. After a hasty supper the march was resumed, and at sunrise the next morning they reached Maxwell's Ranch on the Cimarron, having made sixty-four miles in twenty-four hours. At ten o'clock on the second night thereafter the command entered Fort Union. It was here discov- ered that Colonel Paul in charge of the post had mined the fort, given orders for the removal of the women and children, and was preparing.to blow up all the supplies and march to Fort Garland or some other post to the northward, on the first approach of the Confederates.
The troops remained at Union from the 13th to the 22d of March, when by order of Colonel Slough they proceeded in the direction of Santa Fé. The command consisted of the First Colorado Volunteers, two light batteries, one commanded by Captain Ritter and the other by Captain Claflin ; Ford's company of Colorado Volunteers unattached,
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two companies of the Fifth Infantry (regulars) and two companies of the Seventh U. S. Cavalry.
This force encamped at Burnell's Springs, where Col. Slough determined to organize a detachment to enter Santa Fé by night with the view of surprising the enemy, spiking his guns, and after doing what other damage could be accomplished without a general action, falling back on the main body. The detachment chosen comprised sixty men each from Companies A, D and E of the Colorado regiment, with Com- pany F of the same, mounted, and thirty men each from the companies of Captains Ford and Howland of the Seventh Cavalry, the whole com- manded by Major Chivington. At sundown on the 25th of March it reached Cosloskie's Ranch, where Chivington was informed that the enemy's pickets were in the vicinity. He went into camp at once, and about 9 o'clock the same evening sent out Lieut. Nelson of the First Colorado with thirty men of Company F, who captured the Texan pick- ets while they were engaged in a game of cards at Pigeon's Ranch, and before daylight on the morning of the 26th, reported at camp with his prisoners. After breakfast, the major being thus apprised of the enemy's whereabouts proceeded cautiously, keeping his advance guard well to the front. While ascending the pass near its summit the officer in command of the advance met the Confederate advance consisting of a First lieu- tenant and thirty men, captured them without firing a gun, and returning, met the main body and surrendered the prisoners to the commanding officer.
The Confederate lieutenant declared that they had received no intimation of the advance from Fort Union, but themselves expected to be there four days later.
Descending Apache Canon for a distance of half a mile, Chiving- ton's force observed the approaching Texans about six hundred strong, with three pieces of artillery, who, on discovering the Federals, halted, formed line and battery, and opened fire. Chivington drew up his cav- alry as a reserve under cover deployed Company D under Capt. Down.
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