USA > Colorado > History of the State of Colorado, Vol. I > Part 27
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One of the outlaws, named Singleterry, was killed outright, and Rey- nolds the leader, severely wounded in his right arm. Completely sur- prised, the survivors fled in confusion without stopping to return the fire, or to secure any part of their plunder, and under cover of darkness and the dense timber, effected their escape. Sparks' men rushed into the camp, securing most of the articles and money which had been taken from the coach, their horses, McClellan's watch and other property. One of the band named Holiman was subsequently taken by a party of citizens at a lonely station on the road leading from Canon City to the mines. He was conveyed to Fairplay, and under threats of immediate execution by the rope, forced to disclose the plans and whereabouts of his companions. At first he proved rather stubborn, but finding his captors resolute, finally yielded, revealing all he knew. He was bound hand and foot and laid on the floor of the principal hotel under guard, to await the deliberations of the jury appointed to pass upon his case. Strong pickets were stationed about the town on both sides of the Platte, because of rumors that an attack would be made by Reynolds during the night. The air was filled with absurd reports and the people wrought up to the highest pitch of excitement by the apprehension that a general massacre was contemplated. At dawn next morning one of the guards was shot through both legs by one of his comrades, who, seeing him depart from a lonely cabin, took him for an enemy and fired with the result stated.
Next day all the men that could be spared from the settlement, collected on horseback and in wagons for the pursuit of the main body, and with their prisoner started down the road toward Canon City, the leaders having been informed that the enemy had taken that direction with the intention of meeting at a designated rendezvous on the top of a mountain near Currant Creek ranch. While on the march they were joined by a detachment of the First Colorado cavalry commanded by Lieut. George L. Shoup, and accompanied by U. S. Marshal A. C. Hunt, Wilbur F. Stone and others, who were bound on a like mission. They succeeded in tracking the marauders to Canon City, where after .
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a prolonged search, five of them, including Reynolds, were captured in a thicket of under brush and turned over to Marshal Hunt, by whom they were conveyed to Denver and lodged in the military prison. Shortly afterward they were tried in secret by the military authorities and ordered transferred to Fort Lyon. If any record of the trial was made or preserved, it never came to the knowledge of the public. The prisoners were placed in charge of Captain T .G. Cree of Company A Third Colorado cavalry, with instructions to take them to the desig- nated post, and should they attempt to escape, to shoot them. On the march, when the command reached the California ranch in Douglas County, as reported at the time, they became especially abusive and insolent to the officers and men. Capt. Cree warned them that they must treat his soldiers with due respect or he would not answer for the consequences, as they were already so incensed as to be almost uncon- trollable. A few miles beyond, at the old Russellville town site, the wagon containing the prisoners and their guard fell behind the mounted escort, to water the animals. Here, it was said, a concerted attempt to escape was made, when the guerrillas were fired upon and every one killed. Leaving the bodies where they fell, the command returned to Denver and reported.
The actual facts attending this tragedy were kept profoundly secret. The statements given to the press were shadowy in the extreme. Whether the culprits were regarded as prisoners of war, or as trans- gressors of the civil law, the method of their taking off was unworthy a civilized people. That they were outlaws who deserved severe punishment for crimes committed in this jurisdiction, to say nothing of those committed elsewhere no one will deny, but to say that an entire company of cavalry was incompetent to guard and safely conduct five prisoners from Denver to Fort Lyon, and that an effort to escape com- pelled their assassination, is not only an absurdity but a reproach to every one engaged in the bloody transaction. It was openly stated by many that Capt. Cree received verbal orders from his superior officers to dispatch Reynolds and his men in some such manner as herein
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detailed, and that it was never intended that they should reach Fort Lyon. Whether true or not, the fact remains substantially as stated, so far as the public has been advised. There appeared to be a per- sistent determination on the part of the authorities to conceal the details, and the silence has been well maintained to the present day.
During 1863-4 much heated discussion occurred in the mining sec- tions, more especially in Gilpin and Boulder Counties, concerning titles to mining locations or claims. These locations having been made upon the public domain, extravagant reports of their value being sent abroad soon attracted the attention of Congress and the government, and sug- gested the necessity either of obtaining a revenue from them by direct taxation, or by the subdivision and sale of these immensely productive tracts. In a previous chapter reference has been made to the intro- duction of a bill termed the "Seigniorage Act" which proposed the levy of a direct tax upon the gross product. As the principal mines were being offered for sale in New York, the elaborate advertising that ensued created still more animated debate in Washington, resulting in the preparation of measures calculated to force the matter to a settle- ment. While these proceedings were being had at the national capital, the several mining communities, alarmed by the impending danger, pre- pared for defense. A meeting was held at Central City, November Sth, 1864, to consider the subject of congressional legislation upon the matter of titles to mineral lands. William R. Gorsline presided, and Charles C. Post was elected secretary. Governor Evans, at whose instigation the movement had been brought to this stage, appeared and addressed the large concourse of people at considerable length, setting forth the importance of the exigency confronting them, and declaring that unless prompt action were taken, legislation that would effectually obstruct, if it did not wholly defeat the proper development of the mines, might be anticipated. Having formulated his views on the subject, according to his invariable habit, he introduced a preamble and resolu- tions and moved their adoption. This document in a series of where- ases, outlined the various propositions presented to Congress fore-
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shadowing an early change in the policy of the general government in regard to the mines, and looking to the immediate realization of revenue rather than to the extended development of our mineral resources-indicated that through misguided views of the actual situa- tion here, the industry which had been so auspiciously established was in imminent danger of being permanently crippled. It remonstrated with great emphasis against the application of any system of tenantry on the theories advanced. The resolutions asked Congress to enact a just law, giving the property in fee to the discoverers under proper regulations, to the extent of one thousand lineal feet of each lode, with the view of stimulating search for hidden wealth, and also that the titles already acquired under district laws be confirmed ; finally, to pro- mote the better operation of affairs, that a mining bureau be created in the Department of the Interior, and geological surveys of the mineral lands provided to aid the people to a more direct apprehension of scientific development. All wise and excellent recommendations, which, with the exception of the mining bureau, one of the most important of the series, were subsequently adopted by Congress, the length of claims however, being extended to fifteen hundred feet. Empowered by the meeting to lay the proposition before Congress, on the 16th of November, the governor proceeded to Washington for the dual purpose of urging this matter, and of securing, if possible, military protection for our lines of communication with the states east of the Missouri river. In addition to these duties, he addressed a memorial to the House of Representatives stating the necessity, and urging the adoption of measures looking to the erection of a capitol building and a territorial penitentiary in Colorado.
In his official report published in December, 1864, the Secretary of the Interior, referring to the mines of our territory, adverted to the fact that attention had frequently been called to the importance of securing an income to the national treasury from the products of the lodes and placers. By the laws of Spain and Mexico, and according to the principles adopted in civilized countries, the property in these precious
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deposits was vested in the government, exercising sovereignty and jurisdiction over the soil. In a previous report a number of suggestions had been advanced relating to the protection of this property, and to securing a revenue from the annual output, since when, the same subject had been repeatedly mentioned, but Congress had taken no action thereon. He argued that sound policy dictated the propriety of levying a revenue tax upon those who were engaged in gathering individual wealth from this national property. It was suggested, furthermore, that the jurisdiction of the internal revenue department be extended to cover the collection of this tax from the miners. He recommended the issu- ance of licenses to every person engaged in placer mining upon the pub- lic domain, and a reasonable tax on the products of all mines, which might be graduated according to the cost of production. This plan he thought, would be just to the government, and satisfactory to the pro- ducers. To justify these conclusions he proceeded to illustrate by say- ing, "When it is considered that a nominal tax of one per cent. on the present product of the mines would yield a larger income than is now derived from the sales of the public lands, with an expense of collecting it comparatively small, and that the prospective revenue from this source is so great, the impolicy of granting the mines and mineral lands in fee without consideration, must be approved by all." But an afterthought virtually negatived his conclusion, for he invites the attention of Con- gress to a new proposition, already self evident to every occupant of these lands, "that the business of developing the mineral resources of those regions is yet in its infancy and that all special legislation bear- ing upon it should have for its object the increase of the annual prod- ucts of the precious metals, and should in its inception be directed to the encouragement of the miner by affording him security in his possession and stability in his business, rather than to obtaining an immediate income to the treasury." In this latter declaration the Secretary placed himself so squarely upon the principles evoked at the meeting in Central City, we are led to the inference that in framing the first part of his report he acted upon his own undeveloped theories, while in winding it up he
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so clearly adopted the well-known views of Governor Evans as to per- suade us that this gentleman had meanwhile conferred with him and changed his views. At all events, the subject was dismissed with the following significant paragraph : "With the prospect of returning peace, and the consequent increase of emigration to the mining regions likely thereafter to ensue, it seems to be demanded of Congress that the rights of the miners should be defined and secured by law, and the prosperity of those regions and the preservation of good order therein, thus insured."
We have in these movements and recommendations the crude beginning of subsequent legislation on the subject of mining titles, devised in large part by Jerome B. Chaffee conjointly with Senator Stewart of Nevada and other well informed representatives of the min- ing states and territories, from 1866 forward. The first act, though imperfect and in many respects not well adapted to existing circum- stances, nevertheless prepared the way for the better system now and since 1872 in full and, on the whole, satisfactory operation. It is not possible to frame a general statute that will operate advantageously in all sections, that is to say, equitably adjusted to all local contingencies, since the conditions vary with every new district opened.
In June, 1865, George W. Julian introduced a bill in the lower house to provide for the subdivision and sale of the gold and silver bear- ing lands of the United States, and others containing valuable minerals ; for the coining of the products of such lands, and for other pur- poses. By the abstract following, it will be seen that this was the most dangerous of all the measures proposed, and which, had it been adopted, -and at one time it seemed alarmingly probable,-would have thrown the entire business into confusion. This bill provided for surveys of mines the same as for other lands, the filing of plats, and the public advertisement in the newspapers that at such a time and place as might be designated, the lands so subdivided would be sold at auction to the highest bidder, subject to such minimum price per acre as might be placed upon them, the sale to remain open for a period of two weeks.
Jamelignon
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Fortunately, owing to the vigorous resistance of the mining interest represented in Congress and in the lobby, this bill, though seriously considered, and by its author earnestly advocated, was defeated. During the agitation of the matter here in Colorado, Colonel E. T. Wells of Black Hawk, then a rising young attorney-(subsequently a justice of the supreme court of the state, and at this time a prominent lawyer in Denver), fresh from the battlefields of the west where he served upon the staff of General George H. Thomas,-addressed a letter to the Hon. John A. Kasson of Iowa, in which he set forth clearly and distinctly the injury to the miners contemplated by the Julian bill, and indicated the kind of legislation needed to adjust the difficulty. Mr. Kasson at this time was a visitor in Central City, having made the long and tiresome journey partly for pleasure, but also with the view of investigating the new settlements of the Rocky Mountains. Col. Wells had been here sufficiently long for a man of his keen perceptions to reach the root of the problem, and his experience informed him what were the desires of the people whose interests were threatened. His letter had some part in shaping the policy adopted in 1866, and also in securing the powerful aid of the member to whom it was addressed.
But we are not yet done with the schemes projected against our pioneers on the mountain tops. Fernando Wood of New York, offered a resolution in the House, which, in effect, authorized the president to take such measures,-even to the employment of armed force-as might be necessary, to protect the rights of the government in the mineral lands of Colorado and Arizona. In a word, Mr. Wood proposed to have the miners expelled from their locations, and the mines worked for the benefit of the national treasury, not in so many words, perhaps, but this was, unmistakably, the true meaning of his resolution. In the debate following, he argued that the government in its dire extremity, should hold and receive all the benefits derivable from its more valuable pos- sessions. Some time previous delegate H. P. Bennett had made a speech which, though intended for the lasting good of his constituents by awakening a torrent of emigration to the far West, returned upon
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him and them like a boomerang, by furnishing men like Fernando Wood with powerful arguments for the expatriation of the gold diggers. In his address Bennett dwelt long and eloquently upon the phenomenal richness of these lands, the fortunes made in a single season by the more successful operators, the vastness of their resources in every min- eral known to mankind which could minister to the general prosperity, . the beauty of the climate, and in due course, quoted from the mint report showing the millions which had been sent to the government coin- ing rooms by the people he represented. It stimulated the promoters of mining sales in New York, and was loudly applauded at home, but its effect upon Congress was just the reverse of what was intended. In fact, it came very near precipitating a series of calamities.
Mr. Wood, duly advised of the proceedings in his native city, and supported in his convictions by Bennett's statements on the floor, was armed for a spirited contest. He declared that unless the government acted promptly the veins and deposits would be exhausted, when the public domain, denuded of its value, would be returned as a worthless possession. In the course of the discussion Mr. Washburn of Illinois, reminded the belligerent Fernando, that if he expected to raise a force to go into the Rocky Mountains and drive out the diggers, the country would have another civil war on its hands, not to be easily settled. He had lived in a mining region (Galena) the better part of his life, that was originally in precisely the same condition as that now existing in Colorado. In 1835 Jefferson Davis had been ordered down there with troops to expel the miners under just such instructions as Mr. Wood proposed to have the president issue for this occasion, and after many years of turbulence, involving vast expenditures, only succeeded in stirring up all manner of strife, and he was at last compelled to withdraw and leave the matter to be adjusted according to the better judgment of the people.
In reply Mr. Wood disclaimed any intention of provoking civil war, his chief purpose being to authorize the government to repossess itself of these mines. As they were being offered for sale to the extent of
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about fifty millions of dollars, he thought the government should derive some benefit by selling the right to work them, inasmuch as it was the rightful owner, and these occupants trespassers upon its rights. Suffice it to say, that after the question had been fully ventilated, it was laid away to await wiser action in 1866.
Perhaps the most startling event of the year 1864, certainly the one which gave rise to more acrimonious discussion than any other, entering as it did into every phase of political adventure, and invading even busi- ness and social relations, was the battle of Sand Creek. Here, as in most public questions, and particularly those of a political coloring, senti- ment was hopelessly divided. That we may reach proper and unpre- judiced conclusions, it is necessary at the outset of this investigation, to inquire as briefly as may be into the series of events which, in the minds of Col. Chivington and his supporters, rendered the battle a necessity for present and future relief from repeated acts of treachery and violence visited upon the people by the numerous hordes of Indians that infested the plains.
Let us go back, therefore, to the beginning, and by discovering the cause of the war, trace it to the culmination just mentioned. No man who crossed the plains with the early immigrants in 1859-60-61, could have failed to note the effect upon the wandering nomads of the con- stantly increasing influx of white population to their cherished hunting grounds, where ranged countless thousands of buffalo, antelope and deer that constituted the only sources of subsistence they possessed. The wanton slaughter of this quadruped game was destined a few years later to incite a general conflict, and many scenes of indescribable horror. I saw the tendency from the moment the train of which I was a member entered the country of the plains Indians. Some of those who followed the first reports of the discovery of gold in 1859, and especially those who came by the Smoky Hill route which, down to 1868, was the gen- eral rendezvous of the Arapahoes and Cheyennes, and often of the Kiowas and Comanches, were severely harassed, and some of them killed. These Indians were then strong and warlike, lacking only modern fire-
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arins to render them extremely formidable. They fathomed quickly the real intent of this enormous outpouring from the east, and knew it to be an invasion which could only terminate in their own dispersion. When the tide turned to the Platte route, they met it with sullen for- bearance, but remained peaceable, biding their time. At this period the Arapahoes and Cheyennes were poor, having but few horses, and no arms save bows, arrows and lances. As train after train passed by they begged, first for tobacco and provisions, and next even more eagerly for guns, powder and lead, giving as a reason that when the white men came they hunted and frightened the game so that it could no longer be reached with arrows. For firearms and ammunition they would make great sacrifices. Among the emigrants were many who outraged and abused these wretched aborigines, gave them villainous whisky to drink, invaded their lodges, treating the bucks with brutal contempt and assailing the virtue of their women. Such collisions became more and more frequent as the races became more intimately acquainted. Here in Denver where hundreds of the savages were encamped, parties of ruffians, loaded with arms and " Taos lightning," frequently visited the tepees and subjected the squaws to all manner of violence. Complaints by the chiefs were heard, but there was no redress. At length with sen- timents anything but friendly toward the trespassers upon their domain, the Indians folded their tents and departed, and in their councils debated among themselves what should be done.
A treaty made with the Cheyennes and Arapahoes at Bent's Fort in 1861, procured the cession of their lands east of the mountains to the government. It was no sooner signed than regretted. They had been persuaded to the point of affixing their names to the instrument which dispossessed them of their ancient heritage by the usual means, presents and mystification. The more the act was contemplated the more reso- lute they became to expel the settlers and regain what they had so foolishly surrendered. The conspiracy met hearty approval, but to insure its success arms and ammunition were needed. Henceforth, therefore, the moving impulse among chiefs, bucks and squaws was to
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buy, beg or steal weapons that would shoot. In time the arms were collected, their ponies fattened, and the organization and plans perfected for a general and prolonged contest.
In his message to the legislature, delivered July 18th, 1862, Gov- ernor Evans urged upon that body the necessity of a militia law adapted to the convenience of the people, in view of the fact that we were sur- rounded by large bands of Indians, who, though apparently friendly, might at any time be incited to violence. The general government could not be relied upon to furnish protection, because all its resources were directed to the suppression of the rebellion. The Colorado troops were absent in New Mexico, therefore in the event of an uprising which must be anticipated, we would have to depend upon home forces to meet it. The act was passed as suggested.
In September following, acting Governor Elbert issued a procla- mation stating that the threatening attitude of the Indian tribes throughout the northwest, engendered by the conflict between the Sioux and the settlers of Minnesota, rendered it imperative that the militia be enrolled as provided by law, and companies organized for any emergency they might be called to meet. Repeated warnings had been received at the executive office of anticipated trouble, and the people must be put upon their guard to prevent disastrous surprises.
A month later Mr. Elbert gave public notice of Indian depredations upon the stations, stock and property of the Santa Fé mail route. By these signs it will be comprehended that the resolves of the Indian coun- cils to equip themselves for war were being gradually carried into effect. By attacking the traveled routes they secured horses, provisions and arms. On the 30th of March, 1863, intelligence was received of very extensive depredations upon settlers at the mouth of the Cache la Poudre. While no murders were committed, horses and guns disap- peared. In view of the consequences to be related, the attention of the reader is especially drawn to the unraveling of the cunningly devised plot, as taken by the author from the records of the times. He must have these antecedent facts in order to determine whether or not
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