History of the State of Colorado, Volume II, Part 24

Author: Hall, Frank, 1836-1917. cn; Rocky Mountain Historical Company
Publication date: 1889
Publisher: Chicago, Blakely print. Co.
Number of Pages: 672


USA > Colorado > History of the State of Colorado, Volume II > Part 24


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work of political campaigns, he became one of the most noted managers of his time, the recognized leader of his party in the Territory and State, and the only man who up to the present epoch has combined within himself all the essential qualities of a successful leader. Yet he never made a speech which attracted more than ordinary attention until after his election as Senator, and then from manuscript,-on the Pacific railroad bill. He was averse to appearing in public assemblies, but at the head of his well ordered forces in a political combat he was invinc- ible, looking to the arrangement of every detail, true to his friends, gen- erous to the last degree, and attached to his cause by the innate force of his nature, and by his genial manners, every element about him.


When the decisive vote had been taken and a victory assured, a relapse occurred, from which he never fully recovered. It was declared at the time, and was probably true, that McCook endeavored to induce the President to veto the bill, or leave it unsigned, but without effect. At twenty minutes to 12 o'clock on the night of March 3d, 1875, Gen. Grant attached his approval to the act which eventuated in ushering the Centennial State into the family of States.


The foregoing rather elaborate epitome has been given in order that the people who now are building one of the more prosperous of the Western States, may be advised of the struggle under which the work they are doing was rendered both possible and successful. It is well to place these events upon record, since they preceded and formed a part of the mightiest political contest thus far noted in the history of the nation, and which determined, whether rightfully or otherwise it is not my province to discuss, the Presidency in 1876, and also that the splendid results attending our own internal progress may be properly measured. We have seen that, but for the stupendous energy and wisely directed ability of Mr. Chaffee and his faithful auxiliaries, the Enabling act would have perished through the overwhelming rush for the adoption of numberless other measures, and it is extremely doubtful if the Territory could have been emancipated from its state of colonial dependence upon the general government for many years, had


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this attempt proven abortive. Ours was the last State admitted, indeed, the last proposition of the kind to be seriously considered, until the passage of the " Omnibus bill" at the session of 1888-89, whereby four Territories were granted the right to form State constitutions, and were admitted in November, 1889.


Let us now contemplate for a moment the series of events which succeeded the Enabling act, and resulted in our transmutation from a Territorial to a higher form of government.


Governor Routt and family arrived in Denver on the 21st day of March, 1875. Before leaving Washington he, with others, had suc- ceeded in effecting a reconciliation between Mr. Chaffee and the Presi- dent. At the conference between them, Gen. Grant admitted that he had been grossly deceived in regard to the alleged piracy by Moffat and others on the public lands, and that he had been persistently wrought upon, by what appeared to be trustworthy evidence of Mr. Chaffee's collusion with the cabal said to be engaged in a gigantic scheme of robbery of the public domain. These efforts had been so long continued, and so ingeniously presented in various forms, he was at last impelled to take peremptory action in justice to himself and the country. Mutual explanation brought out the facts, and as a result, the two became fully reconciled and in the course of years deeply attached friends, a relation which prevailed with ever increasing warmth to the close of their lives.


The Governor established temporary headquarters at the Inter- Ocean hotel, then the principal hostelry of the city, where prominent citizens of every shade of political belief called and extended to him a cordial welcome. All were disposed to accord him a generous reception, since the honorable record he had made for himself in the army and in official life, his spotless integrity, his honesty and pleasing manners had preceded him, through private correspondence and the public journals. The people had become weary of factional wars and enmities, the dis- cord and confusion which impeded the development of the country, and were unitedly desirous of carrying into effect the promised change. He


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was sworn into office by Chief-Justice Hallett on the 30th day of March, 1875, and entered immediately upon the discharge of its duties. The first onerous responsibility that came to him was the necessity of a thorough reconciliation of the shattered elements of his party, and to this he addressed himself with, in due time, flattering prospects of suc- cess. Both political organizations began to take the preliminary steps toward reorganization, first for a trial of numerical strength at the polls in the legislative election to occur in the fall, next for supremacy in the constitutional convention, and finally, for the election of a Repre- sentative in the Forty-Fourth Congress, and State officers following the adoption of the Constitution. No one doubted the ratification of that instrument if it were carefully framed, and the desires of the people met in its more important provisions. The experience gained in 1864 and 1865 had brought wisdom, therefore it was held to be extremely im- probable that any serious errors would be committed in constructing the fundamental law, since every one knew that it must be substantially perfect to insure acceptance.


On Sunday morning, April 4th, Stanley G. Fowler, editor of the "Mirror," published a striking allegorical cartoon representing the cere- monious introduction of Colorado, the youngest and fairest of the sisterhood, to Mistress Columbia, the general housekeeper of the Union. In the foreground stood Delegate Chaffee presenting the beautiful and blushing maiden to the stately head of the nation. A group of figures, representing the more ardent friends of the new State,-Gov. Evans, William N. Byers, Amos Steck, Gov. Elbert, Hugh Butler, D. H. Moffat, E. T. Wells, Gen. Bela M. Hughes, Dr. R. G. Buckingham, Judge Hallett and others stood by, silent but joyful witnesses of the interesting ceremony. On the left was the Governor's guard arrayed in brilliant uniforms, standing at "present arms." One of the more conspicuous features of the picture was an imposing and beautiful arch upheld on either side by massive pillars of gold and silver, the capitals crowned on one side by the stalwart figure of a miner, and on the other by a tiller of the soil. The arch itself bore, in the center, the Colorado


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coat of arms. At a distance in the perspective the Chaffee Light Artillery was engaged in firing a national salute. To complete the details, the magnificent sweep of the great Sierra Madre, crowned with everlasting snow, was graphically pictured, at its feet a lovely landscape representing the fertile valleys of Clear Creek and the Platte bathed in sunlight and blossoming with unreaped harvests. Over and above the enchanting scene sprang a bow of promise, from the apex of Pike's Peak to the dome of the capitol at Washington. It was a fine con- ception, and attracted much admiration. The same idea, enlarged and elaborated by many artistic touches, was transferred to a large canvas by an eminent painter of the day, and now hangs in the courthouse of Arapahoe County, having been purchased and presented to the State by Mr. D. H. Moffat.


On the 28th of April, 1875, the Republican Central Committee, Joseph C. Wilson, Chairman, met pursuant to call in Masonic Hall at Colorado Springs. Many of the leading representatives of the party were present by invitation. The meeting assumed the character of a general conference, with a view to the discussion of the new issues growing out of the recent act of Congress, but more especially to the restoration of harmony. The movement signified unification, the interment of all differences, and the rearrangement of its columns into a grand consolidated working force for the business at hand.


Mr. J. Marshall Paul, of Park County, was installed as Chairman, and Louis Dugal, of Denver, as Secretary. The main purpose of the call was accomplished without effort. There were no outward evidences of dissension. An adjournment to Manitou was taken, where the remainder of the session was held. Those who anticipated a renewal of factional grievances were disappointed. Several resolutions were adopted, the first to this effect, "that we are in favor of the organization and admission of Colorado as a State, and we will use all honorable means to that end." The following by Mr. Byers, secured a unanimous vote :


Resolved, That in the opinion of this meeting the Constitution to be framed for the State of Colorado should be rigidly non-partisan, and that the election for delegates to


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the Convention to prepare said Constitution, and the election upon the adoption of the same, should avoid party issues.


Resolved, That the policy of drawing party lines, or the contrary in the election affecting the formation of the Constitution and its adoption, be left to the Territorial Central Committee, as in its judgment may seem best.


Resolved, That the ablest and best men in Colorado should be chosen to draft our State Constitution for submission to the people.


While the first resolution expressed the sentiments of a majority, it was deemed advisable, as set forth in the second, to leave the question to the discretion of the Committee, to act according as the result of its submission to the opposite party might impel. There were no divisions upon the general purpose. The result proved that all recognized the necessity of hearty and unreserved acquiescence in the patriotic endeavor, first to secure the best constitution that the wisdom of our ablest men were capable of producing, a charter calculated to endure the mutations of time, and secondly, to restore the shattered prestige of the Repub- lican party through decisive majorities at the polls. The first battle to be fought was in the election of a Territorial legislature, and it was here that the question, whether the Republicans or the Democrats were in the majority, was to be determined. This vote would necessarily indi- cate to a great extent the political complexion of the incoming State therefore was a matter of great importance.


The Democratic press and the leaders of that party, confident of their majority as indicated to them by the election of Mr. Patterson, strenuously advocated strict adherence to party nominations for the con- vention, and for everything else. On the Ioth of June their central committee met at the Sargent House in Denver, to consider and an- nounce the course its party would pursue. Mr. J. B. Fitzpatrick presided, and Capt. James T. Smith was the Secretary. The first business taken up referred to the resolutions adopted by the Republicans at Manitou, a copy of which had been transmitted by Chairman Wilson for consid- eration, with the hope that both parties would agree to a non-partisan constitutional convention. After giving them due attention, the fol- lowing was adopted :


Jains APlant


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Resolved, That the Chairman be instructed to respectfully respond to the reso- lutions of the Republican Central Committee, submitted through its Chairman, that it is the sense of this Committee that it has no power in the premises to direct the Dem- ocratic party in the several districts, as to their action in the election of delegates to the Constitutional Convention.


This was construed to mean a distinct rejection of the proposition. The battle was to be fought in the open field, each party to muster its forces as best it could, and try conclusions upon the well-known principles of political warfare. In order that there should be no room for doubt as to its intentions, a committee of five, composed of Harley B. Morse of Gilpin, Judge McFerran of El Paso, Dr. R. G. Buckingham of Ara- pahoe, Joseph Kenyon of Fremont and W. G. Winburn of Weld, was appointed to draft an address to the people, conveying the sentiments of the committee as expressed in its reply to Mr. Wilson, and of the party at large upon the issues pending. This address made the customary arraignment of the Republican organization for multiform crimes and misdemeanors, extending over and embracing and blackening the entire period of its existence. It is needless to recapitulate the charges, for by referring back to any of the manifestoes of either party during the fifteen years after the war, the reader, if sufficiently curious, will discover that one was but a repetition of the other, chiefly sound and fury, and signi- fying nothing further than that the " outs" were venomously, eternally and unalterably hostile to the " ins," and vice versa. But at the close it was represented, that "the Constitution of Colorado yet to be framed should be such as to meet the approbation of all the people of the new State, without regard to party ; that it should reflect the wisdom, ripe experience and patriotism of its framers ; that it should not be tainted with any par- tisan feeling or purposes ; that all its provisions should be just, commend- able in every respect ; in harmony with the principles of our American system, and that thus constructed it may stand for ages the bulwark of freedom to the people of Colorado, and a model of sound representative government worthy of all praise and universal imitation."


Here was a declaration that, standing by itself, evinced a spirit of


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true and lofty patriotism, one upon which there could be no division among loyal citizens, whatever their political faith. Among the utter- ances of the time there were none which breathed a purer sentiment, and had the committee made this the beginning and end of their address, it should, and probably would have sent their names down to posterity as among the wisest and best of their time. But they spoiled it by interpo- lating the declaration that to secure this happy result, and, inferentially, the only way in which it could be attained, was through "the thorough organization of the Democratic party throughout the Territory without delay, to secure the success of Democratic principles and the restoration of good government."


However, entertaining this opinion from the constant iteration of false logic and from lifelong affiliation, and believing as they undoubtedly did that all they proclaimed was true, no milder indictment could have been expected. It was accepted by their adversary as an unmistakable challenge and notification that the Democratic party would stand upon the issue thus joined and force the fighting. A great mass meeting was held at Guard Hall the same evening, when the policy laid down by the committee was emphatically indorsed as the policy of the party.


On the 16th of June, Chairman Wilson appeared with a sharp rejoinder, in the form of an address to his party, setting forth the action taken by each committee upon the proposition for a non-partisan con- vention, and the willing acceptance by the Republicans of the challenge. He in turn raked over the record of the Democratic party in terms bristling with vituperative rhetoric. Both manifestoes were in execrable taste, both defamatory and untrue, and ill befitting the dignity and intel- ligence of the parties in whose behalf they were fulminated. Each was born, however, of an epoch filled with virulence, injustice and all unright- eousness, the natural heritage perhaps, of the bloodiest and most unwar- rantable conflict of modern times. There was nothing original and but little to commend in either address, nor was the campaign seriously affected by either.


The election for members of the last Territorial legislature


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occurred on the 14th of September, 1875. While there was little or no excitement, each party endeavored to muster its utmost strength. The Democrats elected nine members of the Council, or Senate, and the Republicans four ; to the House of Representatives the Republicans elected sixteen and the Democrats ten, leaving the former but one ma- jority of the whole number chosen. It will be seen that with this narrow margin the Republicans could not afford to neglect any oppor- tunity if they were to win in the succeeding contests.


On the day noted above, Governor Routt issued his proclamation to the sheriffs of the several counties, notifying them that an election would be held for delegates to the constitutional convention on Monday, October 25th, and that the convention would assemble on Monday, December 20th, in the city of Denver. The Enabling act required that the apportionment of representatives in that body should be based upon the election returns of 1874. The plan adopted was to begin at the northeast corner of the Territory, and designate the dis- tricts by counties from right to left, and from left to right alternately, as nearly as the same could be done with due regard to existing con- ditions. Fractions were grouped together in such manner as to afford full and proper representation. In no case was the political status of any county permitted to influence the formation of representative districts. The Enabling act, as passed in 1875, provided that only citizens who were qualified electors at the date of its approval should be eligible to vote or hold office, but Mr. Patterson had, in the meantime, procured the adoption of an amendment which opened the way to all who were qualified electors on the day of election.


The campaign was devoid of exciting incident, and only a light vote was cast, about 5,000 less than at the preceding election. The Republicans elected twenty-four and the Democrats fifteen delegates. Each party had nominated some of its ablest men, and as a result the people secured an admirable charter. The work of the convention, in the chapter following, has been thoroughly and ably epitomized by Judge H. P. H. Bromwell.


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CHAPTER XIV.


THE CONSTITUTIONAL CONVENTION-SYLLABUS OF MATTERS TO BE CONSIDERED- CONDITION OF THE TERRITORY-MEMBERS AND OFFICERS OF THE CONVENTION- ORGANIZATION-ADDRESS OF THE PRESIDENT-QUESTIONS CONSIDERED AT THE BEGINNING-CHARACTER OF THE DELEGATES-APPOINTMENT OF COMMITTEES AND ASSIGNMENTS OF WORK-REPORTS RENDERED-DISCUSSION OF THE MORE IMPORTANT PROVISIONS-MEMBERS WHO HAVE SINCE BEEN DISTINGUISHED OFFICERS OF STATE -AN INCIDENT WHICH DETERMINED THE PRESIDENTIAL ELECTION OF 1876.


A history in full of any convention engaged in the work of framing an organic law for the creation of a State, must require considerable space.


This may be readily seen by inspecting the bulky volumes which record the discussions and acts of those assemblies, whose proceedings have been reported and published at length. Nor would any part be entirely devoid of interest, for it would at least exhibit the simultaneous sentiments and thoughts of many minds, concurring or dissenting upon the gravest political, social and legal problems which concern the welfare of a people.


But what is to be attempted here must be confined within very close limits. In other parts of this history will be traced the social and political events leading up from the earliest settlements in the wil- derness of Colorado, to the arrival of the hour for exchanging colonial dependence for the dignity and security of State government.


This chapter can be nothing more than a syllabus of the principal matters of a public character, immediately connected with the actual preparation of the people's charter to the body politic of the incipient State, now so auspiciously established.


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The Constitutional Convention began its work under circumstances and conditions far more embarrassing than a large majority of our pop- ulation at present would readily believe.


To establish a State government by a newly settled people in any of the former Territories east of us, was always an enterprise difficult enough to test the public spirit and energy, as well as the resources of the community. But Colorado had a more formidable task than most of those mentioned. There the new territory lay close beside longer settled and better furnished regions, and the settlements advanced out- wardly from these, and by easy stages, into a country similar in soil, climate and other natural conditions to that left behind.


But here was a population not exceeding in number one hundred thousand souls, great and small, a large portion of them newly arrived immigrants, of scanty means; unused to the peculiar and severe con- ditions imposed by the climate and surface formation of the country ; and dispersed over a vast region, destitute of roads, except in some limited portions, between the principal settlements and mining camps ; without bridges for passing the hundreds of mountain torrents and rivers of fearful current; while on the parts level and low enough to allow the cultivation of grain, neither seedtime nor harvest might be thought of until canals for watering the soil could first be constructed at enormous expense, compared with the means of the people.


All supplies, whether of metal, hard wood, pottery, leather or cloth- ing stuffs of any kind, besides the greater part of all kinds of food, even to the provender of beasts of burden, had been, during twelve years of the seventeen since the first comers surprised the savages by the smoke of their camp fires, drawn six or seven hundred miles in freight wagons, which carried also subsistence for the teamsters ; until in the year A. D. 1870, a line of railroad six hundred and thirty- nine miles long, connected Denver, the principal town, with the Missouri River.


According to the memorial to Congress reported by Gen. B. L. Carr of Boulder, and adopted by the convention, the Territory ex- 19 II


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ceeding one hundred and three thousand square miles in extent, and "traversed by numerous ranges of snow-covered mountains, many of them passable only at widely separated points" was so situated in respect to communication, "that many of the members of the convention" were "obliged to travel from four hundred to ten hundred and sixty miles, crossing several ranges of mountains, at the line of perpetual snow, in coming to, and returning from the convention, causing an expense four times greater than would journeys of like distances in the older States."


But besides these, several special causes combined to obstruct the establishment of the statehood of Colorado, and also to create fears that a State government might prove to be an intolerable burden, and so a grievous disappointment and discouragement to the people, and deter the incoming of desirable settlers.


These causes tended not only to dampen the ardor of some friends of the State movement, but to greatly aggravate the perplexity and difficulty of preparing a constitution desirable and proper for a State evidently destined to become populous, and notable in material and social development, which would also conform in frugal economy and simplicity of administration, to the condition of the commonwealth, in the earlier stages of its progress.


One of the special causes mentioned, was that the great financial disturbance known as "The Panic" of 1873, began to produce its dis- astrous effects as far west as Colorado, early in the year 1874, and had nearly reached its worst, in the early part of 1876, while the convention was in session.


The depression in business was very great. Real estate had fallen in value one-half; and little wonder that it fell, for building was at a standstill, and communities situated anywhere in growing towns and cities as those of Colorado, live mostly by building,-its cessation almost paralyzes more than half the occupations and branches of busi- ness, directly, and shuts off the means of living from a majority of all mechanics and other wage workers, and scatters them abroad. Then


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all other business is affected indirectly but severely. Such was the result in Colorado.


But another, and perhaps a greater cause of disaster, came in at the same time. It was in the year A. D. 1873, that the Rocky Mountain locusts (miscalled grasshoppers), equal if not superior in numbers and power of destruction to their next of kin, the African and Asiatic locusts, made their second incursion into the settlements of Colorado.


This was no such thing as the visitation of worms or insects which occur at times in the States east of us; for there, though such pests often work great havoc in crops in different localities, much remains uninjured ; but the locust takes all.


As said nearly three thousand years ago: "The land before them is as the Garden of Eden, and behind them a desolate wilderness." It is known that during the years A. D. 1874-'5 and '6, these creatures com- ing across the mountain ranges in flocks spreading many miles in width, and often consuming several days and nights in passing, devoured everything in the fields which could be eaten, except that a remnant of the wheat crop of the last two years was saved by various devices ; but the labor and expense must have exceeded in value all that was saved, counted at what would have been its market price under ordinary circumstances.




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