USA > Colorado > History of the State of Colorado, Vol. I > Part 32
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He saw no reason why the Secretary should be the exclusive cus- todian of the seal, and he knew of many reasons why he should not have it at all ; that he had been extremely careless with that sacred instrument, leaving it exposed to the public gaze when it should have been secreted, and inferentially to public desecration ; that Elbert was none too good to
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employ it in authenticating documents of a treasonable nature; charged him with constantly absenting himself from his office, with neglect of duty, with crimes and conspiracies; with leaving his door open and his desk unlocked, so that any person could enter and work his will upon important records and papers, and with manifold other delinquencies. He raked him fore and aft with grape, canister, shell and solid shot, striking with fierce venom at every point; arraigned him before the bar of public opinion for a most infamous fraud in connection with the returns of votes cast at an election held under the Enabling Act, whereby a majority for the constitution was made to appear, when as a matter of fact it was rejected, asserting his ability to establish the crime from indis- putable evidence. He went even further, and charged him with an attempt to break up the Territorial government, saying: "I know per- sonally of efforts of your own to mislead the public mind in regard to the provisions for and necessity of the meeting of the legislative assembly which, had they not been arrested by my action, would undoubtedly have subverted the government here."
To place all the officers under his personal direction, he rented on his own responsibility a suite of rooms for himself and them and com- pelled their occupation. Elbert refused to obey these orders. As the disbursing officer, accountable to the Treasury Department alone for the expenditures, his fund limited to the last stage of attenuation, he realized that the utmost economy must be observed to make the scanty appropriations cover the legitimate expenses. He alone was charged with the duty of renting apartments, therefore he very properly resisted this unauthorized invasion of his rights.
David A. Cheever, the executive clerk under Evans, was at this time engaged in transcribing the records, filing papers and closing up the work of the preceding administration. The Governor, by craftily questioning him, endeavored to worm out the darker secrets of his employer, for such use as might be made of them to further the end in view. The information elicited, though of no value for the purpose in hand, by ingenious perversion was converted into serious charges.
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Elbert instantly sent him a Roland for his Oliver, by responding at even greater length, and caustically reviewing the antecedents of the belligerent Governor, paying especial attention to the latter portion of his career. An able lawyer, and an incisive writer, the Secretary after repell- ing every charge of his dyspeptic adversary, plunged into an exhaustive and scathing expose of Cummings' connection with one of the most glar- ing and gigantic swindles of the war, committed while a purchasing agent of the government, and intimating that in appropriating the great seal he was simply obeying an instinct of his nature which impelled him to seize upon any and all movable property within his reach, hence the writer's objection to being located within reach of his hands. If Cum- mings' letter was sharp and cuttingly severe, the rejoinder was even more damaging. This remarkable correspondence being published, created much excitement throughout the Territory. Thereafter, parties and individuals governed themselves by the state of belligerency thus positively defined.
Cummings had long been an active supporter and friend of Simon Cameron, who stood unflinchingly by his friends, right or wrong, and it was this quality combined with great wealth and a genius for political strategy, which enabled him to control the destinies of the State of Pennsylvania. While Secretary of War he appointed Cummings an agent to purchase certain supplies for the army, which in process of time got both into trouble. Under this commission he purchased a mixed cargo of Scotch ale, London porter, codfish, three hundred boxes of selected herring, a large assortment of straw hats, several thousand pairs of linen trousers, with eight hundred condemned carbines, and chartered the steamer Cataline to transport this extraordinary con- signment to the troops in the field. His disbursements on this account ran up to one hundred and sixty thousand dollars. The matter was made the subject of an investigation by Congress, which put a sudden end to his career, and became a national scandal. Then through the influence of his patron he was sent out to govern Colorado.
Having alienated the Jews, and the State faction beyond the hope
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of reconciliation, his next move was to put the territorial librarian and all officers who would submit to his demands under his feet. The storm he had been mainly instrumental in creating, in its counter attacks through the press rendered him still more irritable and domi- neering. The great question of extending the elective franchise to the negroes came in as a disturbing problem, not to him but to the State men. The colored people were quick to observe that the results of the civil war left the government no alternative but to grant them the coveted right, and felt that it ought to begin in the Territories. They demanded the opening of the public schools to their children. The vote taken at one of the elections (in 1865) determined the case against them, but they were not content to abide by this decision. They drew up and circulated a petition asking the legislature to grant them the suffrage, and admission to the schools that they were taxed to maintain. The Governor finding in this vigorous movement a pow- erful weapon of advantage, used it mercilessly. He sent it with a special message to the House and Council, strongly indorsing the appeal. The assembly falling back upon the vote of the people, declared that it was asked to do something which the people had rejected and flatly refused to consider it. It was a new question then; ages of slavery had instilled the serf and slave idea so deeply it was not readily eradicable. The dawn of a new light was necessary to remove the prejudice of centuries from the minds of even the more radical sup- porters of the Union. While some favored giving the negroes a por- tion of the school fund for the erection of separate schools, the great majority shrank from the idea of more intimate contact with the down- trodden blacks. But the wheels of justice were revolving slowly though surely, and the turn was near at hand when the American people would be forced to a decision. Radicalism in Congress, to meet the exigencies of reconstruction, found itself compelled to protect the millions of freedmen by giving them the ballot, which carried with it all the rights of citizenship.
The principal object of our crafty Governor in taking this matter
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in hand, was to commit the legislature against it by an expression that could be employed before the radical leaders in Congress as an argu- ment against the admission of the State. Having secured the rejection of the petition, he prepared an elaborate paper setting forth the facts colored to suit his purpose, an art in which he was an adept, and sent it down to Washington.
On the 12th of January, 1866, Andrew Johnson sent this message to Congress: "I transmit herewith a communication addressed to me by Messrs. John Evans and J. B. Chaffee as U. S. Senators elect from the State of Colorado, together with accompanying documents. Under authority of the act of Congress, received the 21st day of March, 1864, the people of Colorado, through a convention framed a constitution making provision for a state government which, when submitted to the qualified voters of the Territory, was rejected. In the summer of 1865 a second convention of the several political parties in the Territory was called, which assembled at Denver on the 8th day of August. On the 12th of that month this convention adopted a state constitution which was submitted to the people on the 12th day of September and ratified by a majority of one hundred and fifty-five of the qualified voters. The proceedings in the second instance having differed in time and mode from those specified in the act of March 21st, 1864, I have de- clined to issue the proclamation for which provision is made in the 5th section of the law, and therefore submit the question for consultation and further action of Congress."
It was generally understood at the time that much of the President's prejudice against Evans and Chaffee, as also against the movement they represented, had been incited by Governor Cummings who, directly or through influential friends, held the key to his opinions concerning Col- orado. W. J. Hardin, the colored orator, a man of some ability, was brought into the breach as an influence with Charles Sumner and his coadjutors in the cause of the blacks. He was especially forceful in advocating the right of suffrage and admission to the public schools, and by his letters continued to exert material influence. As the fight pro-
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gressed the Governor became more and more aggressive. He sent in an executive protest against admission, upon the ground of frauds in the election and in canvassing the returns, among other weighty reasons. Nevertheless, the lower house of the legislature passed a concurrent reso- lution setting forth the advantages of statehood, and urging Congress to pass the bill. The council a few days later passed the same with amend- ments, one of which instructed Senators Evans and Chaffee to use all honorable means to have the main line of the Union Pacific Railroad located on the Smoky Hill route and westward through Berthoud Pass.
While the legislature was still in session Secretary Elbert left for the East, placing E. M. Ashley in charge of his office, and its duties, including the payment of the members and other expenses. The funds being deposited with the superintendent of the Branch mint, Cummings went down there and endeavored to prevent the payment of the checks, but without avail. Ashley issued them as directed, and they were paid, the superintendent promptly honoring Elbert's signature.
Unknown to any one except his confidential assistant, Elbert, on the first of January, 1866, finding his connection with the executive intolerable, sent his resignation to Wm. H. Seward, Secretary of State, who retained it without acceptance or acknowledgment until February 6th, when it was accepted. On being notified of this happy turn of events, Cummings began to look about for a successor, and fixed upon Mr. Frank Hall, a member of the house of representatives from Gilpin county, who was sent for, and the proposition laid before him. Being then engaged in the publication of a daily newspaper at Central City, and having no ambition for political office, Mr. Hall declined the urgently proffered distinction. But Cummings insisted, and at length forwarded the nomination to the President. The Senate confirmed the selection, and in due time the commission was transmitted. Though repeatedly importuned to assume the duties of the office, I felt unwilling to attach myself to the existing administration, all of my sympathies and most of my social and political affiliations being with the promoters of state organization, whom I had no intention of antag-
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onizing. Thus from February until May the appointment lay in the Governor's hands. At last, after consulting the leading Republicans, and obtaining their views, the office was accepted upon the reason urged that if I refused, Cummings would secure a candidate in full accord with his programme, and be thus enabled to work further injury to the State movement. I assumed charge of the Secretary's office on the 2d of May, 1866. On the 3d the Governor departed in haste for Washington. Thereafter political affairs remained tranquil until after the regular autumn election, when new causes of disturbance arose with the return of his turbulent Excellency.
Through failure to discover certain facts relating to an important event which occurred in 1863 in time for its incorporation with the chronicles of that year, I am impelled to present it at the close of this chapter.
In the spring of the year mentioned, the entire region of country between Pueblo and Park counties, indeed all sections of the Territory, became in a measure panic stricken by accounts of terrible and mys- terious massacres of travelers on the lonely roads leading from the southwest to the South Park. Every little while, residents of certain localities disappeared, and upon search being instituted by friends, their dead bodies were found. Who committed these horrible deeds no one could comprehend, since all traces were lost. The first victim in the neighborhood of Canon City-we follow Capt. Rockafellow's narrative -was William Bruce on Hardscrabble Creek. He went to his sawmill twelve miles from his residence, but not returning to his home at the time expected, search was made, when he was found shot through the heart. While wondering over this tragic event, another strange murder occurred at another sawmill in El Paso county, on the Little Foun- taine about sixty miles from the scene mentioned above, where the body of an old man named Harkins was found killed, apparently, with a hatchet. Next a man named Addleman was slain, on his ranch situated near the road leading from Colorado City to the South Park. Next a brother of Colonel George L. Shoup, and a man named Binckley were
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found butchered in the Red Hills in the Park itself. Soon after, a man named Carter was killed at Cottage Grove near Alma. Then two men named Lehman and Seyga shared the same fate in the Red Hills, an admirable place for the assassins because of the concealment offered by the thickets and timber near by. Consternation filled every mind. The air was loaded with rumors, but not a soul could give even the faintest clue to the origin or purpose of these appalling tragedies. A super- stitious dread prevailed throughout the South Park region, for it was there that the greatest number of bodies had been found. No one dared to venture out upon the roads by day or night, for none had escaped death who did so.
While riding through the region on horseback in the summer of 1864, the different scenes of these murders were pointed out to me, and the principal incidents, so far as they were known, related by a com- panion who was a resident of California Gulch. From this source I learned that the first clue discovered occurred somewhat as follows : The driver of an ox team who was hauling a load of lumber from the neighborhood of what is now Alma, to Fairplay, was fired upon from a thicket by the roadside. The shot struck his left breast, but was stopped from entering his body by a copy of Lincoln's emancipation procla- mation and a memorandum book in his breast pocket. Looking instantly in the direction from which the bullet had come, he discovered two men, whom he at first thought to be Indians from their tawny color, but a second glance proved them to be Mexicans. He had little time for reflection however, for his team, affrighted by the sharp report of the rifle, ran away as fast as their legs could carry them, and though one of the Mexicans drew his gun to shoulder for a second shot, it was not fired. Speeding in all haste to Fairplay the driver related his experience to the citizens, when measures were taken for pursuit.
Capt. John McCannon who led the first party in search of the Espinosas-the name of these Mexican butchers-subsequently wrote a detailed account of it, from which it appears that Lehman and Seyga were residents of California Gulch, and when the news of their murder
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reached the gulch, a meeting was called for the purpose of raising funds and volunteers to track the assassins. A call for volunteers being made, the following responded : Joseph M. Lamb, Julius Sanger, O. T. McCannon, Thomas S. Wells, C. F. Wilson, Wm. R. McComb, John Gilbert, Frank Miller, Fred Fredericks, Wm. Youngh, James Foley, John Landin, Charles Nathrop, John Holtz, John Endelman, William Wood- ward and John McCannon, the latter being elected commander of the company.
Proceeding to the South Park, they scouted the country in every direction, the command being divided into detachments. At length, after much night and day scouting, a trail was discovered which led Capt. McCannon and the men with him to the haunt of the bloody Espinosas, a weird cañon on the west side of Four Mile Creek near a dense thicket of willows. Here they found two horses, one hobbled, in a little park on the south side of the gulch. Says McCannon, "I dispatched Foley, Youngh, Fredericks and Landin with instructions to go around the bluff and get into the cañon below, and to carefully push their way along up the cañon while we covered the horses with our guns. In a short time the largest of the Espinosas came out of the willows and commenced taking off the hobbles that held his horse. Joseph M. Lamb fired, the ball breaking the second rib on the right side and passing directly through, broke the second rib on the left side. Sanger fired next, with buckshot, but the horse stumbling over the desperado, received the charge. Espinosa raised up on his elbow and commenced firing at me, as I had left my position to look after the other one, supposing that Lamb's and Sanger's firing had done the work. Charles Carter, then fired, the ball striking Espinosa between the eyes, and ranging back, killed him instantly. The other one came in sight, but got off without a shot, through a mistake. I had my gun leveled on him, when Julius Sanger cried out, 'For God's sake don't kill Billy Youngh! They were about the same size, and were dressed alike. I dropped my gun to get a better look, and he (the Espinosa) seeing the motion, threw himself over into the ravine and was seen no more." Making his escape back to New
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Mexico, he picked up a nephew, a mere boy, and after a time returned upon the old trail. Meanwhile, however, rewards were offered for the murderers, by the Governor, and the relatives of some of the murdered men, the whole amounting to fifteen hundred dollars, which stimulated others to the chase, among them an old mountaineer named Tom Tobins, then as now, a resident of San Luis valley. Taking a few sol- diers from Fort Garland, Tobins began a close and rapid search for the trail of the remaining Espinosas, and finally discovered their encampment by his thorough knowledge of the secrets of the mountains and of signs in the air. Noticing a faint column of smoke ascending from a thicket, and looking up into the air he saw ravens circling about the spot, which indicated to his well trained mind the presence of men and the prepa- ration of a meal in the thicket. Crawling upon his hands and knees, using great care not to make a sound by the breaking of a twig or the rustling of a leaf, he came close upon the encampment without discovery. When in a good position to make his aim certain, he fired and killed the elder Espinosa, both of them in fact, and brought the head of the principal assassin to Fort Garland. Thus terminated the lives of two of the worst assassins that ever cursed our country. They were religious fanatics, and murdered as offerings to the virgin. By a memorandum book taken from one of the Espinosas, for a long time in my posses- sion, it was found that they had killed thirty-two Americans in the course of their different raids. An ugly looking butcher knife taken at the same time, was for some years among the trophies of the Adjutant- General's office in this city.
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CHAPTER XXIV.
1866-STATE BILLS BEFORE CONGRESS-SECOND VETO-ATTEMPTED BARGAIN WITH EVANS AND CHAFFEE-ORGANIC ACTS AMENDED-EVANS REVIEWS THE VETO- CHILCOTT AND HUNT FOR CONGRESS-MORE OF CUMMINGS' PERFORMANCES-A MIDNIGHT MESSAGE TO THE PRESIDENT-SECRETARY HALL REMOVED-SENATE REFUSES TO CONFIRM A SUCCESSOR-CAUSTIC REVIEW OF CUMMINGS' ACTS BY A CONGRESSIONAL COMMITTEE-CHILCOTT SEATED-HUNT APPOINTED GOVERNOR- LOVELAND AND THE CLEAR CREEK RAILWAY-FINAL LOCATION OF THE PACIFIC RAILROAD-FIRST PIONEERS' ASSOCIATION-KOUNTZE BROS. AND THE COLORADO NATIONAL BANK-GEORGE T. CLARK-ARRIVAL OF BAYARD TAYLOR AND GEN- ERAL SHERMAN-FIRST BALLOTS CAST BY
THE BLACKS-EARLY HISTORY OF CHURCH ORGANIZATIONS-FIRST REPUBLICAN CLUB.
The Senate bill providing for the admission of Colorado, passed Congress May 3d, 1866. In the lower house Mr. Washburne offered an amendment that the word "white" be stricken from the state consti- tution, but it was rejected by a vote of thirty-nine against fifty-nine. The bill then passed, yeas, eighty; nays, fifty-five. Knowing the Presi- dent's temper, general apprehension was expressed that he would send it back with his objections. Sure enough, on the 15th this expectation was fulfilled. His first objection was, insufficiency of population. Next, that the state government was not essential to the welfare of the people, whose numbers did not exceed forty thousand, the greater part recent settlers, many of whom were understood to be ready to emigrate to other mining districts beyond the limits of the territory. The burdens of increased taxation were urged as a substantial reason, but greater than all, it had not been satisfactorily established that a majority of the citizens either desired or were prepared for the change, closing with the intimation that the majority for the constitution was secured by fraud.
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As a natural consequence, Messrs. Evans and Chaffee applied all their resources of argument and persuasion to secure the passage of the bill over the veto. It was stated as a matter of fact that Andrew Johnson had signified to our Senators elect his readiness to approve the measure if they would pledge themselves to sustain his policy of reconstructing the States lately in rebellion, and that both refused to gain their ends on such terms. Nevertheless, they labored most earn- estly with the President to remove his opposition, but ineffectually. Political feeling ran high. Johnson adhered uncompromisingly to the programme he had conceived, regardless of the will of Congress and the northern sentiment. There is no doubt that he would have signed the bill, if thereby he could have received assurances, or any accept- able guarantee of the support of our Senators. It was premature as every one here who reasoned independently on the subject, knew and admitted, yet the feeling among the people at large was decidedly un- favorable to a continuance of the kind of Territorial government which had been accorded them. Cummings, Sam Tappan, A. C. Hunt and others prominent in the Anti-state league, were as ardent in obstructing the movement as the State men were in pushing its adoption, and hav- ing the chief magistrate with them, they were much more certain of success.
In June, 1866, Congress passed a bill amending the organic acts of the several Territories so as to prohibit the legislatures of said Terri- tories from passing special acts conferring corporate powers, but auth- orizing the formation of corporations, except for banking purposes, under the general laws, which might be altered or repealed at pleasure. The practice of granting special charters had become an abuse of power, and this amendment was interposed to put a stop to it.
Immediately after the veto, Governor Evans published a reply in one of the Washington papers, and later a second article in refutation of the arguments advanced by the President. He entered upon a gen- eral and searching review of the condition of the Territory, showing a steady increase of population and development of resources; also that
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a number of States had been admitted with much less population than Colorado possessed. It is probable that these publications were in- tended not so much to affect the President, as to furnish reasons to Senators and Representatives for passing the bill over the veto, a result that was for some time confidently expected. But even this hope failed. The requisite two-thirds vote, though frequently promised, was never obtained. The only advantage accruing to the Territory from the per- sistent zeal of our representatives at the national capital, was a very extensive advertising which had the effect, in time, of causing large numbers of emigrants to locate here.
July 24th George M. Chilcott was nominated for delegate to Con- gress by the Union Republicans, and A. C. Hunt by the Independents, or Johnson administrationists, the latter publicly declaring himself to be unalterably opposed to any change in our territorial condition until our finances should be materially improved. Hunt was supported in the canvass by the Democrats, and to all intents and purposes was their candidate. August 13th Governor Cummings returned from the east to afford him all the aid in his power. The campaign, though earnestly conducted, produced no excitement. Both candidates were well known, and each was deservedly popular with his particular friends. Mr. Chil- cott had long held the position of register of the U. S. Land office which brought him into familiar contact with the people. As an officer and citizen, no man was more widely esteemed. Hunt was the very in- carnation of energy and force. Neither could make a stump speech, therefore each pushed his canvass upon the theory that a first-class "single-handed talker" was more effective in securing votes than the most eloquent orator. Hunt was an aggressive campaigner in any field he might enter, and by the rapidity of his movements seemed more nearly capable of being in two or more places at the same moment than any man of his time. As the acknowledged representative of the Anti-staters, he was naturally opposed, feared, and possibly hated by the State leaders. He was often rash and headstrong, but rarely weak or vacillating. He advised, led, directed and controlled the administration
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