USA > Colorado > History of the State of Colorado, Volume II > Part 27
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As to Mr. Barela, he has made his name familiar throughout the State by his many years of service in both branches of the Territorial and State legislature. In the convention he exhibited the same char- acteristics of generosity and courtesy which have won for him the esteem of his colleagues in all those bodies. Taken together, the Mex- ican delegation won the confidence and regard of all, as well as their lasting friendship.
They were not the only representatives of the Mexican element. Mr. Meyer and Col. Head, old residents, and versed in the Spanish language, represented two of the " Mexican counties."
No one who has ever visited Conejos, fails to remember the wide dwelling house of Mr. Head, which covers a space as large as a half block in any part of the city of Denver, and on every foot of its floors the stranger finds a welcome, which unites the old Missouri hospitality with the proverbial bounty of the Mexican home life.
The German stock in our Colorado community was well repre- sented by Mr. Frederick J. Ebert of Arapahoe, and Mr. William H. Meyer of Costilla.
Mr. Ebert was a noble man, and a faithful representative of the best modern intelligence and thought, as might be inferred from his name standing in the biographical roll of at least one of the German cyclopedias, before he was known in Colorado.
Mr. Meyer could represent both the German and Spanish, as well as the English-speaking portion of his district, for, like Mr. Ebert, he was a man of languages. His residence in a part of the Territory in
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which some opposition to the public school article was manifested, did not swerve him from the instinctive German loyalty to the cause of free schools, and he stood by the provision against the division of the public school fund to the last. Mr. Ebert was notable in his devotion to the cause of education, especially the public free school system, and his mind was always on the alert in furtherance of every enterprise for the diffusion of knowledge among all classes of the community. In true manliness of character he was at once an ornament to the German race, and an honor to his adopted country.
The convention was not altogether so solemn a body as some might suppose. Indeed, no assembly with Stone, Wilcox and Crosby on the floor, could fail to have some genuine old-fashioned fun at times, or at odd hours in the hall or other rooms.
It had also some sport occasionally in the way of punishing those who "appeared out of sight," when for some cause their presence was required. On one occasion of this sort, Judge Wells and Mr. White being found delinquent, Judge Wells was mulcted in two boxes of cigars, and a bushel of apples, while Mr. White was let off with a peck of pea- nuts, all which property disappeared ; that is, was " consumed in the use " of the convention, before it could be turned over to the proper custodian of the Territorial property. This, of course, was because there were "distressing doubts," as the courts say, as to whether the United States or the Territory was the lawful claimant, as the convention was repre- senting one, and acting solely under the authority of the other of those two powers.
The reason assigned by the inculpation committee in their report against the delinquents, why Judge Wells should be punished more severely than his colleague in non-feasance, was that he (Wells) had been extremely severe while on the bench in punishing dilatory witnesses and jurors, but it has been slightly surmised that the cause was that his "example was odious," in working more hours per day on the judiciary and legislative articles than some others deemed to be "healthy" under the circumstances.
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There took place afterward a more serious incident, which serves to show what great results may depend on apparently unimportant move- ments, concerning widely different matters. A portion of the judiciary committee brought in a report proposing that a popular election for the choosing of electors for President and Vice-President, " should be called by the convention, in the election ordinance." Judge Pease, of the same committee, at once took the floor in opposition, on the ground that such a provision would be null and void, for want of power in the convention to deal with the subject.
A lively debate followed, which ended in the convention resorting to the mode which formerly obtained in South Carolina, viz., leaving the electors (for the year A. D. 1876) to be chosen by the legislature itself, which was the only practicable mode, as the legislature could not pos- sibly be elected and meet in time to order an election by the people. The truth is, that a legislature of the State is the only power which can elect or provide for the election of those officers.
Now, before that time, some spiritual medium had received a pre- diction from the other world, that on that year (1876), "the President of the United States would come from Colorado." Those most imbued with faith in this prophecy, announced at once that a Colorado man would be the next President, according to the literal sense of the words used. But those better skilled in the art and mystery of augury, incantations and the like, gave a more truly oracular character to the prediction ; that is, a more ambiguous one, and maintained that it meant either that the next President should be a citizen of Colorado, or that he should be chosen by the vote of Colorado, which ever might happen.
What followed ? Why, sure enough, it turned out that the last mentioned expounders were right, for the mode of choosing the electors being made legal by the legislature selecting them, the vote of Colorado did actually elect Gen. Rutherford B. Hayes President by one majority, and if it had been cast for Governor Samuel J. Tilden, would have elected him by five majority. But if the mode of choosing the electors had been otherwise fixed by the convention, it would have been manifestly void,
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and so declared, and Governor Tilden declared elected by two majority, without any dispute, such as arose when the returns began to come in ; consequently, the attempts to influence presidential electors, and the returning boards in several States, the cipher dispatches, and the perambulations of the so-called "visiting Statesmen " of both parties to certain States, to appear before returning boards where they had no sort of business, would never have taken place.
The faithfulness of the members and officers of the convention is well known to all who took notice of their conduct, and is shown in part by their continuing at their work, adjusting, amending and revising, by adding, taking out and modifying, by day and night, twenty-one days after the expiration of the time for which they could be paid. And this, while most of them were pressed by extremely urgent affairs of their own, already long neglected ; and indeed, many of them thus lost pecu- niarily far more than all they received for their services, while not a single member, so far as known, ever asked the legislature of the State to pay the unpaid portion of their salaries. However, it was, after some nine years, paid by the voluntary act of the legislature.
During the entire session no clerks were employed to assist any committee, except that Mr. Salisbury, assistant Engrossing and Enrolling Clerk, devoted much valuable labor in aid of the Committee on Revision in the numerous engrossments of sections and articles rendered neces- sary by the special work in which they were engaged.
But none of these considerations availed to secure the convention against a loud clamor on the part of a portion of the community, calling on the convention to adjourn ; and every day and night that they con- tinued at the work, they were harassed by the impatient expressions of unreflecting or interested parties. Indeed, some few of the members were so influenced by what they saw and heard, that they began to urge an adjournment. But there was at all times a working majority who would have staid by the work much longer than they actually did, had they found it necessary.
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Before they adjourned finally, they published an address to the people, setting forth the reasons for their action in the most important provisions of the constitution, which address was prepared by a com- mittee of which Wm. M. Clark of Clear Creek, was chairman, and con- tains matter well worth perusal at this time. They then paid off the last item of expense incurred, out of the funds in hand, procured a gold pen with which to subscribe the constitution in duplicate, which, being done, they presented to the President of the convention the pen and the large dictionary, purchased first by the Secretary of the Territory for the use of the convention, and then purchased by the members from the Territory, for presentation as mentioned; also a cordial address subscribed by the members. The pen is the same deposited some months ago by President Wilson in the Mercantile library, established by the Chamber of Commerce of the city of Denver.
At the last, when all was done, there came to this, as to all other such human assemblies, the conclusion.
It would have been a time of gratulation in a burden lifted, of satisfaction in a work accomplished, but the gladsome sense of release was repressed by the reflection that the liberation from a task was the signal of the separation, and all knew that to such a dispersion there follows no reassembling, at any time or place.
The names of all remain on the double roll where they subscribed them, each with his own hand, but those of Thatcher, Hurd, Yount, Boyles, Ebert, White, Cushman (and most likely Crosby), have been triplicated by the hands of others on their scattered headstones.
Shortly the roll call thus begun, beyond the invisible portals of "the world to be," will be fully answered,-and the convention,-a bubble on the stream of human memory.
In the foregoing sketch of the convention and its work, Judge Bromwell, with characteristic modesty, has avoided reference to his own services in that historic assembly of lawmakers, hence the author has undertaken to supply, in so far as he may, the noticeable discrepancy.
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It is the testimony of his colleagues that, to his enlightened judgment, ripe experience and unremitting zeal, and to the many wise provisions drafted by him, we are indebted for some of the higher excellencies of our fundamental charter. It is well also to add, that while some of the propositions advanced by him, and most eloquently advocated as essential features for the protection and well being of the State, were rejected, for the obvious reason that his associates failed to penetrate the future with the keen foresight given to him, it is now discovered after a little more than a decade of advancement, when the State has developed more swiftly than the more sanguine then conceived to be possible, that the errors which he discerned and strove to guard against, have grown and multiplied into serious grievances, for the want of the restrictions which he would have supplied. One of these was designed to abolish the indefensible fee system, by the substitution of salaries, but the overwhelming influence of an organized lobby, which threatened the constitution with defeat if this provision were incorporated, excited the fears and overcame the better judgment of the majority and it was left out, thereby opening a veritable Pandora's box of evils, to harass the people by multiplying costs, involving disgraceful corruption in politics, and casting burdens upon the taxpayers which can never be justified nor condoned, notwithstanding the precedents found in the government of the United States and in most of the State constitutions.
Bromwell was essentially honest, and moreover, was inspired by the loftiest patriotism in his endeavors to produce an instrument which, if not wholly perfect in all its parts, should achieve the highest attainable degree of excellence. To this purpose he devoted his fine talents with unfaltering energy and great enthusiasm. Though not always right in his conclusions, he was always candid, and much oftener right than wrong. A profound student and an able lawyer, given to acute analysis of legal problems, he discussed all questions by the light of a long and active life in the practice of his profession, and extended service in State and national legislatures. The younger delegates, relying upon his wisdom, often consulted him as to the effect of important measures
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introduced, and while sometimes entertaining convictions opposed to his, the changes time has wrought have convinced them, that in some cases at least, it would have been better had his opinions, and not theirs, controlled final action. But, as has been stated in his review, all the members were actuated by the common motive,-the production of an acceptable constitution, and the few imperfections now observable were simply errors of judgment, and may be amended as the need appears. Upon one thing all agree, that Bromwell was one of the most fervent, high minded, learned and useful members of the convention, and it is unquestionable that some of the better features of the charter relating to irrigation and the public lands, as those also which restrict public expenditures to the measure of current revenue, were originated by him, therefore the large class of people who are beneficially affected thereby, have cause to be grateful to him for the efforts put forth in their behalf. 21 II.
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CHAPTER XV.
AREA AND BOUNDARY LINES OF COLORADO-CHARACTER OF THE SEVERAL DIVISIONS -GEN. J. W. DENVER, AND HIS STORMY ADMINISTRATION IN KANSAS-ADOPTION OF OUR STATE CONSTITUTION-ADMISSION PROCLAIMED BY THE PRESIDENT- MEETING OF THE POLITICAL PARTIES-NOMINATIONS FOR STATE OFFICERS AND FOR CONGRESS-THE FAMOUS BELFORD-PATTERSON CONTEST-COLORADO DECIDES THE PRESIDENTIAL ELECTION OF 1876-EFFORTS TO DEPRIVE BELFORD OF HIS SEAT IN CONGRESS.
Colorado is the only State or Territory, whose boundary lines are so exactly drawn as to form a perfect parallelogram. Since the lines originally defined. for the so-called Territory of Jefferson, which pre- ceded the organization of the Territory of Colorado, were adopted by Congress with slight modifications, it has become a marked figure upon the maps of the nation, occupying as it does, a conspicuous central position in the western half of the continent, and embracing the greater portion of the Rocky Mountains of the West.
The area, boundary lines and geographical center of Colorado, as set forth in different publications, show many and wide variations, no two of them being in agreement. Desirous of procuring for this work the exact figures, if obtainable, I applied to Professor P. H. van Diest, a distinguished engineer, in charge of the chief department of the Sur- veyor General's office, and the most learned authority on the subject, who has kindly furnished the statement which follows :
"Its area is 103,477.93 square miles, embracing 66,205,875.20 acres, equal to that covered by the States of New York, Pennsylvania, Massachusetts and New Jersey. The plains east of the mountains constitute about one-third of the total area, the remainder, in the middle being mountains and parks, and in the western high mesa lands. The
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greater portion of the mesas can be cultivated if sufficient water can be brought over them for purposes of irrigation. The park and mountain region is, in general, too elevated for agriculture, but may be exten- sively utilized as pasture ground for cattle, horses and sheep. The plains east of the mountains, which are all arable lands, can be made pro- ductive, and in a great many portions are producing large crops of cereals under systematic irrigation. The extent to which these lands can be tilled is only limited by the water supply from canals and reservoirs.
"At present, in the Platte Valley and its tributaries, 631,036 acres are irrigated, and 1,126,800 acres may be supplied by the 2,067.36 miles of ditches constructed and in operation.
"In the Arkansas Valley and its tributaries, 101,047 acres are irri- gated, and 255,240 acres under 943.30 miles of ditch.
"In the Valley of the Rio Grande and tributaries 177,948 acres are irrigated, and 501,670 acres under 773.35 miles of ditch.
" From other river valleys, as the Grand, Dolores and others, no reliable data can be given, but it is estimated that not less than 5,000 miles of canals and ditches have been constructed, covering consid- erably larger areas than are given above. The water supply is by no means exhausted by these various arteries, but how much more land can be supplied, it is difficult to estimate. The 'information surveys' now being conducted under the direction of Major Powell, chief of the United States Geological Survey, will, it is believed, soon furnish trust- worthy data on this subject, which is of vital importance to our people.
" Considerable portions of river and creek bottoms and uplands can be cultivated without irrigation. Sixteen thousand square miles of the State are covered by forests. The mineral lands, located along the mountain slopes, cover a large extent, although the aggregate of pro- ductive areas may not embrace many square miles. Four-fifths of the State has an elevation of 4,000 to 10,000 feet. The lowest elevation on the eastern border is 3,703 feet, and on the western 4,435 feet. The city of Denver stands at an elevation of 5,196 feet above tide water. Along the foot hills the average is 6,500 feet. In the principal parks,
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formerly the beds of inland seas or lakes, it ranges from 8,000 to 9,500 feet. The summit of the main range averages about 11,000 feet. Seventy-two peaks rise to heights ranging between 13,500 and 14,500 feet above the level of the sea. The highest mountain is the Sierra Blanca, which has an elevation of 14,483 feet.
"The basis of 103,477.93 square miles should be adopted as the correct one, if the astronomical monuments placed at the four corners of the State were exactly in the positions assigned them by the act of Con- gress describing the boundaries, but they are not. When the first monuments determining the southern boundary were placed, the obser- vations as to longitude principally, were necessarily inaccurate. In the absence of telegraphic communication of time, the observers were obliged to resort to moon culminations for their determination of the longitude, which leaves an error that is beyond the power of the most skillful astronomer with the best instruments to eliminate.
" The boundary between Colorado and New Mexico was surveyed in 1868 by Ehud N. Darling, and that between Nebraska and Colorado in 1869, by S. N. Chaffee; between Kansas and Colorado in 1872, by John T. Major, who also surveyed in 1873, that portion of the southern boundary north of the public lands between New Mexico and the Indian Territory. The boundary between Wyoming and Colorado was surveyed in 1872, by A. V. Richards, and that between Utah and Colorado in 1878-'79, by R. J. Reeves. A re-survey of this line from the southwest corner of our State to the White River crossing was made June 20th, 1885, by Allen D. Wilson, eliminating an error in excess of measurement up to that point, of one mile, 30.68 chains.
According to these surveys the boundaries are measured as follows : West Boundary. 275 miles 29.96 chains, which is 39 chains 34 links shorter than the arc of a meridian between 37° and 41° latitude should be.
The East Boundary-
Between Kansas and Colorado. 207 miles 26 chains.
Between Colorado and Nebraska. 68 miles 79.59 chains.
276 miles 25.59 chains.
Which is 36 chains 29 links longer than it should be.
OHnen Dieth
C
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The North Boundary is measured-
Between Colorado and Nebraska. . 104 miles 73.34 chains.
Between Colorado and Wyoming . 262 miles 28.53 chains.
367 miles 21.87 chains.
Which is I mile 32.44 chains too long.
The South Boundary is measured- Between Colorado and New Mexico . 331 miles 60 chains.
Between Colorado and Public Lands. . 55 miles 22.50 chains.
386 miles 82.50 chains.
Which is 58.41 chains shorter than it should be.
" Accepting the measurements of the boundaries as final and correct between the four corner measurements, then the area calculated from these data should be 103,563.6380 square miles. But these figures are likely to differ again from the official figures, which can only be obtained when all the townships in Colorado shall have been surveyed.
"In the spring of 1858 the first lines of public survey were protracted from the system of lines in New Mexico within what is now Colorado. In the spring of 1859 the first lines of public survey were extended west within Colorado from the Kansas or Sixth Principal System. In the summer of 1861, Francis M. Case was appointed the first Surveyor General for Colorado, and since that time the survey of public lands has proceeded steadily until the present (October, 1889). Of the 2,757 full townships of thirty-six square miles, and 237 fractional town- ships along the boundary lines of the State, and boundaries of the Sixth Principal Meridian and New Mexico Principal Meridian System, cov- ering the State, only 223 townships remain unsurveyed. The surveys of townships are not always correct, a limit of error being allowed of 80 links per mile, but the record of such surveys is official, and the area is accepted as it is given on the official plat.
" The geographical center of Colorado is situated in the meridian of longitude 28° 30' west of Washington, and 122 feet north of the point of intersection of said meridian with the 39th° parallel of north latitude. This is very near the N. W. corner of the N. E. { of the N. W. { of
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Section 21, township 12 S. R. 73 W., and three miles N. N. E. of Spinney Station, on the Midland Railroad, in Park County."
The Territory of Louisiana, of which certain areas in Colorado form a part, was ceded to the United States by Napoleon Bonaparte, First Consul of France, by a treaty signed May 3d, 1803, and ratified by the American Congress October 20th following.
For this enormous grant, now of incalculable value, the United States, through Thomas Jefferson, paid sixteen millions of dollars. By the treaty of Guadaloupe Hidalgo at the close of the war with Mexico, in 1848, the remainder of this vast territory, embracing the western and southwestern parts of Colorado, all New Mexico and Upper California, came into our possession by the payment of fifteen millions, which extended the national domain to the Pacific Ocean.
The act of Congress providing for the organization of the Territory of Kansas was approved May 30th, 1854. The name passed through various changes of orthography from the earlier writers to the later, thus-Canson, Kanson, Kanzas, to Kansas. Its limits extended west- ward from the Missouri River to the summit of the Rocky Mountain chain, and to the northward from the 37th to the 40th parallel. It was admitted into the Union January 29th, 1861, its boundaries as then defined, excluding all that portion theretofore claimed, and over which the Territory had asserted the right of jurisdiction, and including Col- orado, or the Pike's Peak region. It is not my purpose to give even a brief synopsis of its history. The facts are fully set forth in the pub- lished annals of that State. The capital city of Colorado was named for one of its Territorial Governors, hence it is deemed advisable to make such reference to his career as the extremely brief record before us will permit.
Gen. J. W. Denver is a Virginian by birth, and a lawyer by pro- fession. He earned his military title by gallant service in the war with Mexico. At the time of his appointment as Secretary and acting Gov- ernor of Kansas Territory, by President Buchanan in December, 1857, he held the office of Indian Commissioner, had lived on the borders of
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Kansas and Missouri before the former Territory was opened to settlement, and when the commission reached him, was on a visit to friends in Lecompton. The honor had been several times tendered him, but respectfully declined. He knew the condition of affairs, the tur- bulence and confusion which prevailed, was in full accord with the better and more conservative free State element, but as most of the leading men of Western Missouri were his personal friends, he felt that if he became Governor of Kansas they would naturally expect him to conduct the government in their interest. Persistent urging finally induced him to accept. His first step was to conciliate and organize the thinking, rational and respectable forces for peace and order. Hav- ing taken a general survey of affairs, he wrote his conclusions at length to the President, urging him not to present the Lecompton constitution to Congress, but to earnestly recommend in his forthcoming message to that body, the adoption of an Enabling act, whereby the people might reorganize and make a fresh start for good government. The Pres- ident was deeply impressed by the facts set forth in General Denver's letter, but he had already written his message and committed himself to the Lecompton outrage. Furthermore, he had read that part of the document to a number of Senators and Representatives, and he could not therefore, withdraw it.
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