USA > Colorado > History of the State of Colorado, Volume II > Part 44
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porated with them in the same civil organization. An organization of a county or counties has been attempted by the Legislature of Kansas Territory, but which action has been utterly abortive and inoperative in its effects. It is apparent that any juris- diction of Kansas Territory over this country, is expressly prohibited by the 19th section of her organic act. Hence, this pretended organization has proven totally inadequate to our wants, having only the shadow without the living substance of a government.
We have had no courts of either criminal or civil jurisdiction, either original or appellate. Life and property were insecure, and crime was unpunished and to a great extent unrebuked.
There can be no conflict with the laws of the United States, nor any disrespect shown to the Federal Congress by taking the first and best course for the mutual pro- tection, safety and happiness to the people of the Territory of Jefferson, when the exigencies of the case so imperatively demanded action in the premises.
That the necessity for a government was felt, and that this government meets with the approbation of a large majority of the people, is shown by the overwhelming vote in its favor at the late election for its adoption. It now becomes the officers elect under this government, to use their best endeavors to meets the ends for which the govern- ment was established.
A great responsibility rests upon the first legislature of any commonwealth. It becomes you well to consider the importance of all your actions. It is not the mere exigencies of the present which you are to meet, but your work will give a cast and character to the whole future of this country. The foresight and calm deliberation of the sage will be required in the first moulding of the laws and institutions of our embryo State. The eyes of the Union are upon us, and there are those ever ready to criticise every step which may be taken amiss ; let us then, not underrate the importance of the task before us, but go to work like true citizens and patriots, devoted first and last to the well being of our country.
The developments of the past season have conclusively proven that the gold mines will yield immense treasures to our enterprising citizens, and the explorations which have been carried on so indefatigably in every gulch and cañon, extending even over the snowy range, open up a field for future industry, of immense extent.
These, with the mines of silver, iron, copper, lead, coal, and the quarries of lime- stone, marble, gypsum, grit and other useful products of the mineral kingdom, furnish a guaranty of future wealth unsurpassed by any country.
That it will be your early care to protect the miner in his arduous labors and secure him the fruits of his toil, I sincerely trust.
The agricultural and horticultural resources of this country have been this season sufficiently developed to warrant us in believing that the cereals and other vegetable productions of this latitude, may be very successfully and profitably cultivated. Any legislation which may tend to encourage the agriculturist should receive attention.
It will become your duty to establish a civil and criminal code of practice, to be plain, certain, and easy of construction, which will afford to the party aggrieved, a speedy, impartial, and adequate remedy.
The criminal law should be plain in its specification of crimes, with penalties that can be inflicted, attached to each offence ; as it is the certainty of punishment that causes the law to be obeyed and respected.
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I would recommend a statute providing for miner's courts, by giving jurisdiction of cases wherein mining interests are at stake, to certain officers, with the right of jury trial, and appeal to the district court, and that all courts, whether of original or appellate jurisdiction, shall be bound to recognize the laws of the mining district where the property in litigation is situated.
As a general law for the regulation of miners' interests that would operate equally on all, I would recommend the action of "forcible entry and detainer," as being a remedy generally understood by the courts and lawyers of the country.
By Art. VI, Sec. 4, of the organic act, it will be found to be your duty to divide the Territory into three judicial districts, and assign the judges to their respective districts.
You will also find in Art. VIII, Sec. I, of the organic act, that you are required to provide some manner of defraying the expenses of the provisional government ; this, perhaps, is the most difficult part of your labors. But it is to be hoped that all our citizens will recognize the importance of some well regulated government for the pro- tection of our persons, our families, and our property ; and that they will willingly support such an organization. Therefore, I would recommend to your honorable bodies that a poll tax, not exceeding one dollar, be collected between the first day of June and the first day of July next. Also, a small revenue might be obtained from licenses granted to places of amusement.
It is very necessary you should provide the Territory with a stringent election law to cover all cases of fraud. It will suffice for me to call your attention to this point, as the history of our past elections already shows the want of such a law.
At the election held on the 24th of October, it will be seen that there were elected a Governor, Secretary, Attorney General, a Chief-Justice, two Associate Justices, a Marshal, Auditor, a Treasurer, a Clerk of the Supreme Court and a Superintendent of Public Instruction. It will be your duty to define more particularly and specifically the powers and duties of some of these officers, while of others it will be necessary to define their duties in full.
It will devolve upon you to organize the Territory into counties, and locate their county seats ; in all cases observing the convenience of the settlers.
All officers who may have either moneys or other important trusts committed to their charge, should, by statute, be required to file with some officer specified, a good and sufficient bond, conditioned that they will faithfully perform the duties of their office, according to law.
As you have much labor before you at the present session, I would call your attention to the fact, that it would be well to avoid, as much as possible, special legis- lation ; but provide by general laws for the incorporation of all bodies, whether corporations for pecuniary profit or municipal governments.
The evil of too much special legislation is one which Western legislators are very prone to run into, thereby neglecting very important laws of a general character ; when once the door is thrown open to this abuse of legislative power, it is very difficult to check it. It is therefore hoped, that your course on this subject will be a con- servative one.
You will at all times recognize the constitutional authority and power of the United
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States government over us. The right of petitioning and memorializing Congress is indisputably yours here, as in any other portion of the Union.
To the general government we are required to look for the extinguishment of the Indian title to the lands of this Territory, for the establishment of mails and mail routes to the principal and important towns of the Territory, with such branches as the popu- lation of the country may demand. Also for the construction of military roads and bridges, and for the establishment of a sufficient number of forts and magazines, at such places as will afford the greatest protection to our citizens.
Many other subjects of important and legitimate legislation, will from time to time arise during your session, which it is impossible at this time to foresee ; you are aware that the wants of our citizens demand an immediate action on your part for the adoption of a systemized code of laws.
Thousands of our citizens have returned to their homes in the States for the purpose of returning with their families and friends early next spring, and a great necessity of some definite rule of law in this Territory is admitted by all to exist at this time ; then how much more so will it be needed during the coming spring and summer, when our population will probably be swelled to one hundred thousand, all eager to push their fortunes in any avocation that promises the greatest remuneration.
Let us then, enter upon our duties with a determination of spirit that conquers all difficulties ; working for the benefit of the whole commonwealth, encouraging moder- ation and conservatism in all our acts, that we may never be ashamed of having taken an humble part in the organization of a provisional government for the Territory of Jefferson. Signed,
DENVER, Nov. 7th, 1859.
R. W. STEELE, Governor.
DIARY OF A PIONEER.
The notes subjoined are literal transcripts front the diary of Mr. George A. Jackson, who made the first discovery of gold placer mines in the Rocky Mountains, on Chicago Creek, opposite the present town of Idaho Springs. In his letter of trans- mittal Mr. Jackson (now a resident of Ouray), says:
The following will give you a pretty clear idea of what kind of a life we led, as well as a clear insight into the daily routine of our lives. Tom Golden, James Sanders and I left the Arapahoe village after selling out our stock of Indian goods, in the fall of '58, and moved up on Vasquez Fork, and pitched our lodges on the present site of Golden City, and wintered at that point, just where Gen. George West's father-in-law afterward built his residence in the town of Golden:
Dec. 26th, 1858: Tom Golden, Black Hawk and I left camp to-day for an elk hunt; took the old Ute trail with cart and one yoke of cattle. Went into Elk (now Bergen's) Park, about seven miles southwest of our camp. Snowing. Camped at spring in Quaking Asps.
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Dec. 27th: Still snowing. Tom hunting oxen. Black Hawk and I for elk. I killed an old bull; no good. Black Hawk killed a fine fat doe. Still snowing. Dec. 28th: Snowing fast, accompanied by high wind. In camp all day.
Dec. 29th: All out hunting to-day. Tom down the creek, Black Hawk to the north, and I to the two Blue Mountains, one and one-half miles to the west. Tom killed two deer, Black Hawk one deer and two elk. I got into camp late at night; saw about 600 elk; killed five cows and one bull.
Dec. 30th: All off for the elk grounds of yesterday. Tom and Black Hawk to butcher the kill of yesterday and I to follow up the elk trail. Left Tom and Black Hawk butchering elk and I took the elk trail west; followed to brow of mountain, looking down on Vasquez Fork. Ran into the band again. Killed one fat cow and camped.
Dec. 31st: Jerked elk meat until noon with intention of going down mountain to Vasquez Fork. Packed meat and blankets and started down over fallen timber and through snow four feet deep. Had a h-1 of a time before I reached the creek. Went into camp at dark. Dogs and I almost tired out. Made big fire after supper and dried my clothes and blankets. Turned in about 12 o'clock, and slept good until daylight.
Jan. Ist, 1859: Clear day. My supply of State's grub short-two pounds bread, one pound coffee, one-half pound salt. Plenty of dried elk for myself and dogs yet, so here goes for head of creek. Told Tom I would be back in a week to our old camp above Table Mountains. Off; good going most of the way. Killed mountain lion to-day. Made about eight miles and camped at Warm (now Soda Creek) Springs, near mouth of small creek coming in on south side. Snow all gone around springs. Killed fat sheep and camped under three cottonwood trees. About 1,000 sheep in sight to-night; no scarcity of meat in future for myself or dogs. Good.
Jan. 2d: Drum and Kit woke me by low growls at daylight. Sheep all gone; mountain lion within twenty steps. Pulled my gun and shot too quick; broke his shoulder, but followed up and killed him. Clear high wind and very cold. In camp all day. Built bough house, and ate fat sheep. Bread all gone. Plenty good meat. No wantum bread.
Jan. 3d: Still clear and very cold-sun dogs. Sheep came down again; are very tame; walk up to within 100 yards of camp and look and stamp at us. Mountain lion killed one within 200 yards of camp to-day and scattered the whole band again. Went up the main creek to another tributary (now Chicago Creek) coming in from the south, a little larger than this one.
Jan. 4th: Pleasant day. Made a long tramp to-day. Followed up the main fork five miles. Here the creek forks again; each about the same width. Followed up the north fork about five miles; rough country and plenty of snow. Got back to camp after dark. Mountain lion stole all my meat in camp; no supper to-night; d-n him.
Jan. 5th: Up before daylight. Killed fat sheep and wounded mountain lion before sunrise. Ate ribs for breakfast; drank last of my coffee. After breakfast I moved up to next creek on south side, one-half mile. Made camp under big fir tree. Good gravel here; looks like it would carry gold. Wind has blown snow off of the rim, but gravel is hard frozen. Panned out two cups; nothing but fine colors.
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Jan. 6th: Pleasant day. Built big fire on rim rock to thaw gravel; kept it up all day. Corcajou came into camp while I was at fire; dogs killed him after I had broken his back with belt axe; h-1 of a fight.
Jan. 7th: Clear day. Removed fire embers and dug into rim on bed rock. Panned out eight Treaty cups; found nothing but fine gold; ninth cup got one nugget of coarse gold. Feel good to-night; dogs don't; Drum is lame all over; sewed gash in his leg to-night. Corcajou no good for dog.
Jan. 8th: Pleasant day. Well, Tom, old boy, I've got the diggins at last, but can't be back in a week. Dogs can't travel. D-n a Corcajou. Dug and panned to-day until my belt knife was worn out; so will have to quit or use my skinning knife. I have about half an ounce of gold; so will quit and try and get back in the spring.
Jan. 9th: Filled up hole with charcoal from big fire and built a fire over it, and marked the big fir tree with belt axe and knife.
Jan. roth: Snowing like h-1; high wind and cold. In camp all day. Drum can hardly walk around to-day.
Jan. 11th: Cold, and has quit snowing. Still in camp doctoring my dog; his leg has swollen to the size of my arm above my elbow. D-n a Corcajou.
Jan. 12th: Made a start down the creek on the ice to-day. Made about four miles and camped. Got balsam and put on Drum's wounds to-night; he is very sore.
Jan. 13th: Pleasant day. Started late and traveled slow; made about ten miles and went into camp in a dark cañon. Drum is a great deal better to-night. Kit is all right.
Jan. 14th: Started early. Good going on ice. Had a hard time getting down some falls to-day. Stopped at noon two hours and whanged up my moccasins; nearly barefooted. Got out at mouth of cañon just at dark, and got down to the old camp and had a good supper of State's grub. Tom was getting uneasy a little. After supper I told him what I had found and showed him the gold, and we talked, smoked and ate the balance of the night. I could hardly realize I had been gone nineteen days.
Jan. 15th: Pleasant day. Tom hasn't seen the stock for three days. Tom after the stock, and I making moccasins. Got back with horses, mules and cattle at noon, all in good order. Snow about six inches deep. Good feed for stock.
Jan. 16th: Both making moccasins to-day. Will start for trappers' camp at mouth of Big Thompson in a few days to bring up my mule.
Jan. 17th: Went down to Arapahoe village to-day. Found Marsh Cook, Dick Cartwright, Sam Curtis, Ned Wynkoop, Hamp Boone, and Jerry Lewis at the Indian village. They had surveyed off a town site; call it Arapahoe. Marsh Cook is sluicing a little with two boxes on bar of Vasquez Fork. No good; too fine to save without quicksilver, and not enough to pay with it. Black Hawk came up to camp with me.
Jan. 18th: Will start for mouth of Big Thompson to-morrow. Nailed shoes on Old Chief to-day, and Black Hawk and I made Hackamore and sinche.
Jan. 19th: Left camp at 10 o'clock for the river. Got as far as Arapahoe village and staid all night with the boys. Played poker all night for buckskins. Jerry Lewis bagged the game.
Jan. 20th: Off for Jim Robinson's. Ned Wynkoop, Jim Sanders and I made mouth of St. Vrain and staid at Noel Siminoe's lodge.
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Jan. 2Ist: Went through to-day. Found the old camp all well. Chat Dubra and Antoine Leboa have my mule off after antelope. They got back to-night. We staid all night at old Jim's lodge.
Jan. 22: Left for Auraria. Fine day. Old Phil with us. He wants to get my stock to go to Laramie for mail; wont do it.
Jan. 23d: Staid all night at mouth of Vasquez with Bateau, Leboa and Neva. Niwot is sick; mountain fever, I think.
Jan. 24th: Went to old John Smith's lodge and saw Jack Henderson and John Ming. They tell me they will give one dollar a letter and fifty cents a paper for all papers and letters directed to any man in camp. Also twenty-five cents a paper for all newspapers not over a month old. So here goes. I want to see old Seth Ward, anyhow. (The mail was at Fort Laramie).
Jan. 25th: Got every man's name in camp to-day, and left for my camp on Vasquez Fork. Phil wants to go. . Tom wants Phil to stay at our camp and let him go, but Phil wont do it. Packed up our things for the trip and got Oakes' Henry rifle for Phil. I take my old Hawkins.
Jan. 26th: Left early. Followed the old trail along the base of the mountains and camped with Jack Rande on St. Vrain's Fork.
Jan. 27th: Off early. Found Antoine and Nick Janiss, with several others, at the crossing of Cache la Poudre. Camped to-night on Box Elder. Snowing.
Jan. 28th: Still snowing a little. Made about forty miles to-day and camped on tributary of Lodge Pole Creek.
Jan. 29th: Cold and clear. Off early. Passed Brule village on the Chugwater. Swift Bird and Chocka with hunting party. Hard day's travel. Camped on the Chug- water. Phil shot six times at a deer. No meat. Henry rifle no good for deer; maybe some good for prairie dog.
Jan. 30th: Still snowing. Got to Deer Creek and went into camp with Lightner's men.
Jan. 31st: Went down to the Fork to-day. Got all the letters I could raise on my list, and about 100 papers all told. Left Phil at old Seth Ward's. If he gets drunk I will leave him.
Feb. Ist: In camp all day. Good feed for horses and mules. Phil got back to-night half drunk. Will start back to-morrow. Found Phil's bottle; broke it.
Feb. 2d: Got the stock up and ready to make a start. Phil still asleep. Ate my breakfast and woke him up. He wants to go, so had to wait until he got his breakfast. Off in snowstorm. Made Swift Bird's village and went into camp. Phil has been as cross as a bear all day.
Feb. 3d: Started early. Clear and cold. Good going. Made forty miles and camped at Medicine Trace, south of divide. Phil's pony came near giving out to-day.
Feb. 4th: Killed a fat doe this morning. Staid in camp until noon. Phil's pony no good. Off after dinner. Made twenty-five miles and camped at Deer Springs in the foot hills.
Feb. 5th: Started early. Only came as far as Cache la Poudre and staid all night with Antoine Janiss. Phil's pony nearly gone; no good.
Feb. 6th: Off for St. Vrain. Camped on Bonita Fork. Killed antelope. Phil killed two sprigtail grouse. Had good supper.
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Feb. 7th: Off early. Made John Smith's lodge and gave out letters and papers, and collected $132 for the trip, besides bringing back ten pounds of trade balls, ten pounds of powder, 2,000 waterproof caps, with some extra traps. Gave Phil $50. He owes Al Garwitch $100, but wont give him a dollar; wants to save his money and buy whisky, the old brute.
Feb. 8th: Left one of my mules with Jack Jones and came up to camp on Vasquez. Found Tom and Black Hawk well and hearty. One letter for Tom; none for Black Hawk; his friends are like mine, all dead. Old Chief looks a little like he has had a hard trip. Good grass here; he will be all right in a day or two.
Feb. 9th: Graining skins to-day to make coat and pants. Got plenty buckskin needles and saddler's silk now. Lower boys came up from Arapahoe for mail. They say they will have a town down there in the spring. Want us to move down. No town for us. We will bounce out for the head of Vasquez in the early spring. Tom is the only man who knows I found gold up the creek, and as his mouth is as tight as a No. 4 beaver trap, I am not uneasy.
CITY OFFICERS OF THE CITY OF DENVER FROM ITS ORGANIZATION, NOVEMBER, 1861.
From November, 1861, to April 1, 1862.
Mayor .- Charles A. Cook.
Aldermen .- First Ward: H. J. Brendlinger, John A. Nye. Second Ward: L. Mayer, W. W. Barlow. Third Ward: J. E. Vawter, L. Buttrick.
Police Magistrate .- P. P. Wilcox.
City Marshal .- W. M. Keith.
City Clerk and Attorney .- J. Bright Smith.
City Surveyor .- E. D. Boyd.
City Collector and Treasurer .- George W. Brown, Jos. B. Cass .*
Street Commissioner .- D. D. Palmer.
Chief of Police .- George E. Thornton.
From April Ist, 1862, to April Ist, 1863. Mayor .- Charles A. Cook.
Aldermen .- First Ward: Jas. A. Cook, H. J. Brendlinger. Second Ward: C. E. Cooke, L. Mayer, J. M. Broadwell.+ Third Ward: B. B. Stiles, J. E. Vawter.
Police Magistrate .- P. P. Wilcox.
Police Marshal .- A. J. Snyder. City Surveyor .-. E. D. Boyd, George L. Moody.}
* Jos. B. Cass elected Dec. 30th, 1861, in place of George W. Brown, resigned.
+ Elected to fill unexpired term of C. E. Cooke, deceased.
# George L. Moody elected May 22d, IS62, in place of E. D. Boyd, resigned.
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City Attorney .- J. Bright Smith.
City Clerk .- Chauncey Barbour.
City Treasurer and Collector .- George T. Clark. Street Commissioners .- D. D. Palmer, Jos. L. Bailey .* Chief of Police-George E. Thornton. +
From April Ist, 1863, to April Ist, 1864. "
Mayor .- Amos Steck.
Aldermen .- First Ward: H. J. Brendlinger, George Tritch. Second Ward: J. W. Kerr, L. Mayer. Third Ward: B. B. Stiles, Edwin Scudder.
Police Justices .- James Hall, O. O. Kent.
City Marshal .- J. L. Bailey.
City Attorney .- Moses Hallett.
City Clerk .- Chauncey Barbour.
City Surveyor .- F. J. Ebert.
City Treasurer .- George T. Clark.
City Collector .- A. J. Snyder.
From April Ist, 1864, to April 1st, 1865.
Mayor .- H. J. Brendlinger.
Aldermen .- First Ward: John Maloney, Leavitt L. Bowen. Second Ward: Alvin McCune, George Tritch. Third Ward: S. D. Kasserman, Edward Gaffney. Police Justices .- James Hall, O. O. Kent.
City Marshal .- Jos. L. Bailey.
City Clerk and Assessor .- Chauncey Barbour.t
City Attorney .- J. Q. Charles.
City Surveyor .- F. J. Ebert. City Treasurer .- George T. Clark.
From April Ist, 1865, to April Ist, 1866.
Mayor .- George T. Clark.
Aldermen .- First Ward: H. Fuerstein, John Maloney, Ed. Chase.§ Second Ward: Jos. Kline, Alvin McCune, M. M. DeLano. | Third Ward: O. A. Whittemore, S. D. Kasserman, E. N. Harvey. I Police Justices .- P. P. Wilcox, S. D. Hunter. City Marshal .- J. L. Bailey. City Clerk and Assessor .- B. B. Stiles. City Attorney .- Moses Hallett. City Surveyor .- F. J. Ebert.
* Jos. L. Bailey elected at a special election August 20th, 1862, in place of D. D. Palmer, resigned. + Office abolished June 12th, 1862.
# James Hall elected City Clerk, vice Chauncey Barbour, resigned, in November, 1864.
§ Elected in place of John Maloney, resigned.
| Elected in place of Alvin McCune, resigned.
T Elected in place of O. A. Whittemore, resigned.
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City Treasurer .- Luther Kountze. City Collector .- W. D. Anthony.
From April Ist, 1866, to April Ist, 1867.
Mayor .- Milton M. DeLano.
Aldermen .- First Ward: J. D. Scott, Moritz Sigi. Second Ward: John E. Force, G. C. Schleier. Third Ward: R. L. Hatten, George H. Estabrook, John J. Reithmann,* Daniel Ullman.+ Fourth Ward: William R. Ford, Ed. Chase, R. E. Whitsitt. } Police Justices .- P. P. Wilcox, S. D. Hunter.
City Marshal .- D. J. Cook.
City Clerk and Assessor .- B. B. Stiles.
City Attorney .- I. W. Cook. City Surveyor .- G. V. Boutelle. City Treasurer .-- H. J. Rogers.
City Collector .- R. L. Hatten.
From April 1st, 1867, to April Ist, 1868.
Mayor .- Milton M. DeLano.
Aldermen,-First Ward: J. D. Scott, T. G. Anderson. Second Ward: J. E. Force, John Weinshank. Third Ward: Daniel Ullman, P. P. Wilcox. Fourth Ward: W. R. Ford, Ed. Chase.
Police Justices .- R. S. Wilson, P. P. Wilcox, O. O. Kent,§ J. Downing. [] City Marshal .- D. J. Cook.
City Assessor .- Calvin Boyer.
City Surveyor .- R. Fisher.
City Clerk .- B. B. Stiles. City Attorney .- M. Benedict.
Street Commissioner .- J. E. Wurtzebach.
City Treasurer .- Frank Palmer.
City Collector .- M. Anker, B. B. Stiles. "
From April 1st, 1868, to April Ist, 1869.
Mayor .- W. M. Clayton.
Aldermen .- First Ward: T. G. Anderson, J. E. Bates. Second Ward: John Wein- shank, William Barth. Third Ward: P. P. Wilcox, J. L. Bailey. Fourth Ward: Ed. Chase, W. R. Ford, H. M. Porter .**
Police Justices .- R. S. Wilson, J. S. Taylor.
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