USA > Colorado > History of the State of Colorado, Volume II > Part 14
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were implicated, the following epitome was obtained and given to the public in the Rocky Mountain "News :"
The Las Animas land grant ceded to Ceran St. Vrain and Cornelio Vijil by the Mexican government in 1844, embraced a tract of something over four million acres, lying in the fertile valleys of the Huerfano, Apishapa, the Purgatoire and their tributaries. After the death of Vijil, St. Vrain, as manager of this vast estate, applied to the United States government for confirmation of the title. At that time it was within the jurisdiction of New Mexico. In the regular course of events the Sur- veyor General of that Territory was authorized by Congress to make a rigid examination of all private land claims within his province, and instructed to report the exact status of each. Among others, that of St. Vrain & Vijil was reported, whereupon Congress confirmed to each of said claimants eleven square leagues of land. This act was approved June 21st, 1860, and provided that surveys should be made to cover all tracts occupied by actual settlers holding possession under titles or prom- ises to settle given by St. Vrain & Vijil in the tracts claimed by them, and after deducting the area of all such tracts from the area embraced in the twenty-two square leagues, the remainder was to be located in two equal tracts, each of square form, in any part of the land claimed by St Vrain & Vijil, and it was made the duty of the Surveyor General imme diately to make the surveys and locations authorized by the act.
It having been subsequently represented to the Commissioner of the General Land Office that St. Vrain & Vijil had disposed of more land than they were entitled to under the grant of twenty-two square leagues, Congress in February, 1869, passed a supplemental act for the purpose of adjudicating the claims derived from the original grantors. This act provided that the exterior lines of the twenty-two leagues, con firmed subject to claims derived from them by actual settlers, should be adjusted according to the lines of the public surveys as nearly as practi cable, and the claims of settlers holding possession by virtue of deeds or promises to settle, issued prior to the passage of the act, who should establish their claims within one year from the date of approval, to the
11 II.
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satisfaction of the Register and Receiver of the proper land district, should, in like manner, be adjusted according to the subdivisional lines of survey, so as to include the land so settled upon and purchased, or in other words, matters were to be so ordered as to protect the bona fide rights of settlers first, and if anything remained it might go to the grantors. But as they had conveyed their entire claim and many thou- sand acres more than had been confirmed to them, there was no re- mainder to be adjusted. However, the surveys were made and notice given to derivative claimants to file and substantiate in the proper land district, their claims within one year from the 25th of February, 1872. Under such notification a number of claims were filed in the land office at Pueblo. Testimony in support thereof continued to accumulate during the year. About the middle of February, 1873, the Commissioner of the General Land Office notified the local land officers that the time for this class of claims would expire on the 25th of that month, and instructed them to allow pre-emptions and homestead entries of all lands lying within the original bounds of the St. Vrain & Vijil estate, not covered by the rights of derivative claimants on file in their office at that time. The notice was published in the local papers and it was assumed by the officers named, that the public had been thereby legally and fully advised of the facts in the case.
On the 4th of March following, filings began to be made and entries allowed as per instructions. The lands being open to entry, many per- sons availed themselves of the opportunity. On the 25th of February, 1873, a notice was filed in the Pueblo land office, to the effect that one D. W. Hughes would appear on that day and prove his right to certain lands in townships 23 South Range 52 West, and 23 South Range 53 West. The day passed, but no proof was made. On the first day of May following, Hughes' attorney appeared, withdrew the claim and relinquished the land to the United States, whereupon it was treated as public land, and various parties made entries upon the tract as well as upon other portions of the Las Animas grant during that month. All the papers were certified to and forwarded to the General Land Office
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in Washington, and appearing to be all fair on their face, patents were issued to the pre-emptors. Some thirty of these pre-emptions upon the tract in question, each covering a quarter section, were approved and ultimately patented. In the meantime a deed, supposed to have been duly acknowledged by the pre-emptors, was placed on record in Bent County, conveying the lands to certain parties named Perry and Harris, and subsequently a deed from these two parties to David H. Moffat, Jr. and Robert E. Carr (the latter President of the Kansas Pacific Railroad), as trustees. Later, the town of West Las Animas was laid out and organized by the railway company, which had built a branch from Kit Carson to that point.
The extension of the railway and the preparations for the building of a town, gave the tract a prominence and value previously unknown. At once a number of parties who had asserted their intention to pre- empt some of the land, claimed that they had been deterred therefrom by representations of the land officers at Pueblo, to the effect that they were covered by derivative claims. A great clamor arose, and charges of deception and fraud were vociferously proclaimed. A rush was made for the town site, and forcible possession taken. A combined effort to nullify the patents was formed and the matter taken to the courts, with what result will appear in the regular course.
With this hasty introduction we come back to Mr. Lander and his machinations, with the observation that his evidence against Mr. Moffat was wholly derived from the statements of the more violent contestants, some of which possessed a few grains of truth, but in the heat of passion and smarting under what they believed to be an unmitigated outrage, the greater part were highly colored, but just the material which he required for use in striking at the heart of the controlling powers. The several accounts were adroitly made up to serve the purpose in hand, forwarded to Washington, and by McCook laid before the President as conclusive testimony that Elbert, Chaffee and Moffat had been engaged in a colossal scheme of piracy upon the public domain.
Meanwhile, with the material facts in my possession, I called upon
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Mr. Fowler at his sanctum and presented them to him. During the interview it appeared that he had been fully persuaded of the accuracy of the reports furnished him by Lander, and it was through Fowler that the names and purposes of the conspirators were first made known to me. By this time, also, it had become apparent to the editor, who seems to have acted conscientiously in exposing what he believed to be a public swindle, that the clique had been using him as a cat's-paw to further their own ends. Therefore, the next issue of his paper repudiated the association and thenceforth became one. of the staunchest advocates of the old regime.
Lander then transferred his cause to the "Tribune," edited by Gen- eral Champion Vaughn. In a confession published long afterward, Vaughn stated that it was made clear to him from McCook himself that the charges which had been published against Moffat, Chaffee and Bennett were fully credited at the White House, and that Elbert had been implicated in the alleged frauds by reason of his appointment of Moffat as Territorial Treasurer. At all events, this was made to serve as a motive for suspecting the entire administration, local and federal, of collusion with a vast scheme of corruption, and eventually wrought its downfall.
To all appearances, McCook had obtained complete ascendancy over Grant in this matter. To establish the truth of their allegations respecting the land steal, the President was induced to send out as special commissioner, a man named Robinson, with instructions to make an exhaustive examination of affairs at Las Animas. His report, rendered a few weeks later, reflected with extreme severity upon the manner in which the public lands involved had been entered and disposed of, and inferentially, though not directly, inculpated Mr. Moffat with the irregular entries. This report was the moving influ- ence which provoked the famous contest between the President and Mr. Chaffee, simply because the latter was made to appear as a sharer through his partnership with Moffat, in the alleged nefarious tran- sactions. It may as well be interpolated here as anywhere, that the Las
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Animas lands mentioned were secured for the Kansas Pacific Railway Company, and that Mr. Moffat had no further part in the transaction than to act conjointly with Robert E. Carr, the president of the road, as one of the trustees. The result of the judicial inquiry appears in the succeeding chapter.
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CHAPTER VIII.
1873-1874-INSTALLATION THE OF NEW REGIME-EXPOSURE OF M'COOK'S CON- TRACTS FOR SUPPLYING THE INDIANS-STRANGE APPROVAL OF A DIVORCE BILL- ATTEMPTED REMOVAL OF TERRITORIAL OFFICERS-APPOINTMENT OF JUDGES BRAZEE AND STONE-INDICTMENTS AND SUITS AGAINST MOFFAT, STANTON AND COOK, AND THE RESULT-ELBERT'S GREAT IRRIGATING CONVENTION-PLAN FOR RECLAIMING ARID LANDS-M'COOK'S SECOND ADMINISTRATION-THE PRESIDENT RECOMMENDS THE ADMISSION OF COLORADO-INTRODUCTION OF BILLS TO THAT END-BLACK FRIDAY AND THE PANIC OF 1873-EFFECT ON DENVER BANKS.
The nomination of McCook, Jenkins and Searight followed almost immediately after the receipt of Robinson's report. Bennett was ousted and succeeded by Cheever. Lander, while in Washington pushing the nomination of Cheever, was the accredited correspondent of the Denver "Tribune," sending letters and special dispatches of the most sen- sational and mendacious character over the nom de plume of " Michael." It took some time to get Bennett out and Cheever in, and he employed the interval in spreading dissensions and working confusion through the columns of that paper. Immediately after Cheever's confirmation, both he and the new appointee left McCook to fight his battle as best he could, taking the first train for Denver. The General, however, was in no mood to tolerate such desertion, but as they were beyond his reach, he peremptorily, by wire, summoned Vaughn to Washington to act in their stead. Vaughn obeyed, after filling his place as editor with another actor in the conspiracy. Under the substitute the paper abated nothing of its former virulence against the deposed officers and all others who acknowledged Chaffee's leadership. Its assaults upon their private character and public acts had been from the first merciless, and frequently indecent and brutal. It resorted to the blackest vituper-
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ation and published the most glaring falsehoods ; truth was wholly sacri- ficed to mere sensationalism. Every issue blazed with fanciful headlines, fictitious telegrams from the seat of war, and every form of abuse.
Meanwhile, Governor Elbert, Moffat and Lessig, with several other representative Republicans, were collecting testimony regarding Mc- Cook's manipulation of Indian beef and sheep contracts, and having secured much racy evidence, they went down to Washington to rein- force Mr. Chaffee in his combat before the Senate. They put the best detectives in the country upon McCook's trail, and in due time, ferreted out every detail of his cattle purchases and the payments therefor. Notwithstanding the vast influence and power of the President over Congress, and the natural reluctance of senators to antagonize this power, Mr. Chaffee succeeded in gaining the support of nearly all the Republican members and their pledges to stand by him. The potential instrument in his hands, was the evidence relating to the contracts just mentioned, and which will now be rapidly epitomized.
It was made to appear by these papers that on the 21st of August, 1869, Governor McCook advertised for sealed proposals to furnish seven hundred and fifty good American cows, with one bull for every fifty cows, and three thousand five hundred ewes, with one ram for each one hundred ewes; said cattle and sheep to be delivered at the Uncompahgre and White River Indian agencies, at any time between October Ist and November Ist of that year. He was especially careful to announce in the advertisement, and in his personal declarations also, . that no Texas cattle would be accepted. All must be of good American breeds, that would stand rigid inspection. The basis for this action had been laid in Ex-Governor Hunt's treaty with the Utes in 1868, his plan contemplating the location of the different tribes upon the reser- vations allotted to them on White River, and in the Uncompahgre country, with a view to their gradual civilization and engagement in the pursuits of agriculture and stock raising, and thereby in the course of time, under the wise counsels of the great Chief Ouray, become self- supporting.
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When the day arrived for opening the bids, McCook was at Colorado City in company with one C. F. Holt, who proved to be the successful bidder. The proposals were opened at the Executive office in Denver, by his private secretary, but the result was not announced until after the Governor's return on the 13th. In the list were proposals by William Cole, H. P. Bennett for George M. Chilcott, L. F. Bartels, C. F. Holt, Wilbur C. Lothrop, John Kerr and Lilley and Coberly. As if by preconcerted arrangement, the contract was awarded to C. F. Holt of Kent County, Michigan, at $45.75 per head for cattle to be delivered at the Upper, or White River, Agency, and $36.25 per head for those delivered at the Uncompahgre Agency.
Through inquiries prosecuted by the unsuccessful bidders, who left no channel unsearched in justification of their suspicions of unfair dealing, it was discovered that Holt was a distant relative of McCook's by marriage, a person wholly without capital, but little known, and, until a very recent date, a resident of Michigan, who, it was more than suspected, had been imported for the occasion. It appears that he did not purchase the cattle, but merely obeyed his instructions. The bond for $50,000 was executed by a stranger, unknown to our people, approved by the Governor, and transmitted to Washington.
The contract having been awarded, a herd described by those who saw it, as "a very poor lot of scrawny Texas cattle," was delivered by a dealer named Stockton at Red River, New Mexico, and driven north- ward toward the San Luis Valley. Holt remained at Colorado Springs the entire time, and, so far as known, never saw the stock. It was stated that McCook personally inspected the herd, riding by it in an ambulance, near Fort Garland. While he had repeatedly declared that no Texas cattle would be received, a number of witnesses testified from personal observation that not a hoof of American cattle, except a few worthless bulls, was to be found among them. Mr. John G. Lilley, at present writing a member of the Board of County Commissioners for Arapahoe County, saw them and testified that they were a poor lot of Texas cattle. A personal interview with Mr. Lilley since this chapter
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was begun, confirmed his testimony then given. The average value of the animals was placed at ten to eleven dollars per head. It was ascer- tained that they were purchased at an average of seven dollars and fifty cents per head. The payments were made at Washington upon vouchers presented to the department of Indian affairs by Wm. S. Huntington, cashier of the First National Bank of that city, who received November Ist, 1869, $16,638.75, and on December 2d fol- lowing, $13,996.44, making a total of $30,635.19. The vouchers were in Holt's name, but the money was deposited to McCook's credit. Up to that time none of the stock had been delivered at either agency. The Governor kept an account at the First National in Washington, and also at the First National in Denver, and simultaneously with the payment of the vouchers, both accounts were materially increased.
According to the evidence submitted to the Senate, he paid $7.50 per head for the stock, and received from the government $30,635.19- net profit, $23,135.19. Deducting $800 which it was said he paid to Holt for his services, the final profit was $22,335.19.
The stock was not delivered to the Indians until 1871, when it was driven to them by U. M. Curtis, Indian interpreter, at the expense of the government. The savages, fully alive to the cheat practiced upon them, refused to accept the cattle. What became of the two years' increase from the seven hundred and fifty cows, or of the sheep advertised for, if the latter were furnished, has not been ascertained.
Such was a part, at least, of the testimony collated and brought before the Senate for its consideration. Another incident of this some- what sensational indictment came under my own personal observation. The Territorial legislatures, prior to the act of Congress inhibiting special legislation, were besieged at every session to adjust a large number of marital infelicities by the passage of divorce bills, this method of separation being a cheaper and in most instances a more expeditious process than regular proceedings at law. At the session of 1870, two parties came here from an eastern State for the express purpose of procuring divorces. The bills were passed and reached the
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Governor for his approval on the last day of the session. While several bills of this nature received his signature, it appears that in one of the causes under consideration there had been some sort of a private under- standing between the principal and the Executive, which had not been fully complied with. At any rate, whatever the reason, it was laid aside unapproved, and in due course came to my office to be filed with other unsigned measures. In September or October following, during my absence from the Territory, the parties interested in these particular divorce bills called at my office to, procure certified copies of them. My clerk, Mr. W. H. Townsend, procured them from the files, when to their astonishment it was discovered that only one had been approved. Both supposing themselves legally separated had remarried, therefore the one who had not been divorced at all found himself in a serious dilemma. They departed, presumably for the Executive office. Mr. Townsend, leaving the dead bill upon his desk, went into the United . States land office adjoining, of which he also had charge in the tem- porary absence of the Register, and was detained there about half an hour. When he returned the bill lay where he left it, but bearing the Governor's signature freshly written, and ante-dated to the time of its passage by the legislature, six or seven months previous. He was, naturally enough, astounded at the trick that had been practiced upon him. He instantly wrote out a statement of the occurrence in detail; swore to it before a notary, and forwarded it to me. This affi- davit accompanied the evidence taken in connection with the cattle pur- chases, and other testimony laid before the Senate, and should alone have been sufficient to cause the immediate rejection of McCook's nom- ination, but it did not have that effect, as we shall discover.
About the middle of February, Jenkins and Searight were con- firmed, but the fight on McCook continued with great bitterness until the 19th of June, when it was brought to a favorable conclusion by the following vote : Twenty-five Republicans and one Democrat voted nay ; seventeen Democrats and ten Republicans voted aye. Thus, after a struggle of more than five months, led by the delegate from the Terri-
Sowie Dugal
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tory of Colorado against the President of the United States, backed by the power of his exalted position, this unprecedented conflict came to an end. The Democratic senators were actuated by the hope of destroying the supremacy of Republicanism in Colorado, and its speedy admission into the Union as a Democratic State, since a bill for an enabling act had passed the House on the 8th of June by over two-thirds majority. It was reported, and was probably true, that pending the trial in the senate, McCook, apprehending defeat, offered to compromise on this basis,-if Chaffee would withdraw his opposition and allow the confirm- ation to take place, he would write out his resignation and place it in Chaffee's hands. All he desired was a vindication through a favorable vote, but Chaffee promptly refused to entertain it.
The newly appointed Secretary, Mr. Jenkins, a Virginia politician, arrived in Denver, April 6th, 1874, and at once assumed charge of the office. Removals of federal officeholders continued until a clean sweep had been made of every one whose appointment had been made at the request of Mr. Chaffee. Louis Dugal, a wounded soldier, Register of the Land Office, was supplanted by Herman Silver of Ottawa, Illinois. Keyes Danforth of Arkansas, was made Register of the Pueblo Land Office, vice Irving W. Stanton, another faithful soldier removed; J. L. Mitchell displaced Charles A. Cook as Receiver of the same office. Though all but Mitchell were good appointments, there was no sufficient reason for the displacement of the incumbents, save the contest between the President and Mr. Chaffee.
Louis Dugal emigrated to Colorado with the great procession of gold seekers in 1860, but returned east in 1862 and enlisted as a private in the One Hundred and Forty-Sixth New York Regiment. At the Battle of the Wilderness, May 5th, 1864, he was severely wounded,- shot through the right lung and right arm ; his collar bone broken by a bullet through the shoulder, and his right leg so shattered by another ball as to necessitate its amputation. Left upon the field, he was taken prisoner by the Confederates, by whose surgeons his leg was amputated in defiance of his protest that the limb could be saved by proper treat-
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ment. Seven days elapsed before his other wounds were dressed. Left lying under a tree without other shelter from the sun and storms, he was finally taken to Richmond and confined in Libby prison. September Ist, 1864, he was paroled, and on March 2d, 1865, received honorable discharge from the Federal army, and soon afterward returned to Col- orado. He was appointed Register of the Land Office in Denver during the early part of Gen. Grant's first administration, and discharged his duties ably and faithfully, giving no cause whatever for dismissal.
As one of the events occurring in the Senate pending the confirm- ation of McCook, it may be stated that the Committee on Territories to whom the testimony heretofore related had been submitted, on the 7th of May reported the case in full, but by a majority vote it was re-com- mitted. This act was regarded as being tantamount to indefinite post- ponement, and therefore heralded throughout the city as a victory for Chaffee, and a decided rebuff to the President. But it appears to have been designed to afford McCook an opportunity to withdraw, or for the President to recall the nomination.
About the 12th of May, 1874, Mrs McCook died at the residence of Gen. Morgan Smith, in Washington. She was a beautiful, brilliant and fascinating woman, highly educated, a welcome guest in the first circles of society by reason of her splendid attainments and rare conver- sational powers. In her death, Gen. McCook lost the great potential influence which had sustained and advanced his political aspirations. When the grave closed over her remains, he began to sink far below the position to which her beauty and wiser judgment had elevated him, and to which he has not since been able to return.
Meanwhile, as already mentioned, Mr. Jenkins had assumed the dual position of Secretary and acting Governor, and immediately began co-operating with the McCook forces here and at the National Capital. Among his other Territorial appointments, Governor Elbert had made W. R. Thomas, then editor of the Rocky Mountain "News," Adjutant General of militia. Jenkins attempted to oust all of Elbert's appointees, beginning with the Adjutant General, not because there were any charges
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against him or them, but manifestly in accordance with a preconcerted plan to fill all places of trust with McCook's adherents. Therefore, he curtly advised Mr. Thomas of his removal. Thomas consulted the law, and finding there no authority for the act, declined to vacate. He was in possession of the arms, accoutrements, guns, pistols and archives of the department, and proposed to hold them until legally displaced.
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