USA > Colorado > Sketches of Colorado: being an analytical summary and biographical history of the State of Colorado as portrayed in the lives of the pioneers, the founders, the builders, the statesmen, and the prominent and progressive citizens Vol. 1 > Part 5
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John H. Gregory left Georgia in 1858, and was employed in driving a government team to Fort Laramie. He had intended going to Fraser river, but was attracted to this section,
and became a prospector. Having been in- formed by Jackson of his discovery on Chi- cago Creek, he intended to meet the latter at that place, when he returned to the scene of his discovery. Missing his way, Gregory ascended the north instead of the south branch of the creek. and thus made one of the most important strikes in the history of the state. He found the Gregory vein. Placer mining gave rich returns, but the development of great veins and deposits in place, gave Colo- rado its permanence. Gregory was supplied with provisions by D. K. Wall, and ac- companied by Wilkes Defrees of South Bend, Indiana, and William Ziegler of Miss- ouri, he reached Gregory Gulch May 6, 1859 and resumed prospecting, where he had a short time previous obtained gold, but had been driven out by a snow storm. From the rich "dirt" of the gulch they fol- lowed it to its source and the Gregory was located on the 10th. These finds resulted in a stampede to the mountains, and there followed in course of time, those developments that have made Gilpin, Clear Creek, and Boulder counties, celebrated for their rich mineral output. Chicago Bar or Jackson Dig- gings was the name given to the discovery of George A. Jackson. Nearby was Spanish Bar, and in the vicinity were developed the Fall river and Grass Valley mining camps. The districts discovered in 1859 in Gilpin and Clear Creek Counties, besides Gregory, were: Russell, Spanish Bar, Jackson, Nevada, Lake Gulch, Griffith, Illinois, Central, En- terprise, Eureka, and Virginia. The thous- ands who now rushed in, led to the founding of Central City, Nevada, Mountain City, Mount Vernon, Missouri Flats, Black Hawk, Georgetown, Idaho Springs, and other min- ing towns and centers.
Golden, where in after years was estab- lished the State School of Mines, was founded at the point where Vasquez (Clear) Creek emerges from the canon, and soon became a rival to Denver. It was the shipping point at the base of the mountains, for these new mining centers. In the meantime, the pros- pectors were extending their range of opera- tions into Middle and South Parks. In July, 1859, the Hamilton Diggings were open- ed half a mile below that town, while about two miles above the latter place thrived the new camp of Tarryall. Breckenridge, Fair Play, French Gulch, and Buckskin Joe, and other mining camps were established in that section. In January, 1859, gold was ob- tained at the mouth of Gold Run, a small stream in Boulder county. In the latter part of that month, the Deadwood Diggings were opened on the south branch of the Boulder. The town of Boulder was founded in Feb-
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ruary, 1859, soon after the discovery of gold. It is now the seat of the University of Colo- rado. With Denver as the center of opera- tion, there was a general activity in the min- ing industry, as then developed, but mainly confined to the region that has been described, during the period of 1858-9.
In 1859, Denver and the new mining camps were visited by Horace Greeley of the New
York Tribune, A. D. Richardson of the Bos- ton Journal, and Henry Villard of the Cin- cinnati Commercial. They made a favor- able report on the mining conditions here, and counteracted detrimental and hurtful state- ments published by some, who, dissatisfied, had returned to the east declaring the claims made for this region were a "hoax."
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CHAPTER VI. Political Conditions-Jefferson Territory Organized.
HOUSANDS had followed the Pike's Peak excitement. Personal rights and property must be protected. Hun- dreds of miles intervened be- tween these pioneers and the Missouri river settlements, and the seats of government of the newly organized territories of Kansas and Nebraska. Hostile Indians held possession of the great plains. The dangerous clouds of the coming civil war hung over the land. Kansas, the national center of political dis- cussion, had been experiencing the throes of the border ruffian struggle. Colorado had not yet been placed on the map. Denver was in Arapahoe county, Kansas, and Gov- ernor Denver of that territory, had assumed jurisdiction in appointing commissioners. The Kansas legislature by enactments, considered this section under their law-making power. The northern part of what is now Colorado, in which there had been some settlements, was in Nebraska territory. Utah and New Mexico infringed on the west and south, though not specially involved, at this time, as to their rights. The farming and general business life of Kansas and Nebraska were not in touch with that of mining in this new region. Mining litigation, as has been real- ized in later years, may be called a science of law peculiar to itself, so much so, that many of the great lawyers of the west have made it a specialty in their practice. Even with conditions properly understood, Kansas and Nebraska were not prepared to govern and control this section. These were all serious questions, that were presented to the Colorado pioneer. But the American settler whether the Cavaliers in Virginia, the Pilgrims from the Mayflower, the early immigrants across the Alleghenies, and in the Mississippi valley, have always been able to become a law to themselves, enforce peace and order, and then tie on in a patriotic manner to the rest of the country. But a new mining region differs materially in early settlement from that of an agricultural section. In the latter, the growth, prior to the opening of large areas at one time for settlement in the west, was slow, and towns and cities sprang up with the nat-
ural development. The town and city came last, unless a fort was used for protection. The opening of Oklahoma, the Dakotas, and other parts of the west, in a later period, pre- sented something similar to mining conditions, and the parallel of building towns and cities first, but in a more methodical way. Thus municipal conditions early assume an im- portant position in a new mining country. The town or city springs up first, develop- ment follows. It may grow and become per- manent, or there follows what is so well known, the "deserted" camp. In the old fashioned way of pioneering, the family went together and a social condition something like the old home, was at once established. The opposite of all this was the special feature that marked the settlement of California and Colorado. Although some brave and heroic women were among the first settlers, as a rule, the first comers were men. When woman is not a balance wheel in new social conditions, and man is left to himself, there is a wilder life, such as characterized some of the early mining camps. But this phase rapidly dis- appears with the coming of the wife and children, and in establishing churches and schools.
These were questions that forced them- selves upon the Colorado pioneers. They were of the heroic type, and some of them had seen frontier life in California. Miners courts were established and their decisions and rul- ings recognized. They settled rights of prop- erty, and on their verdict, men were some- times hung. It was but natural, under such conditions, that some bad men sought this region, but they soon came up against the strong arm of the law. There was a struggle for law and order, and civilization won. Some held to the belief that this section was under the jurisdiction of Kansas Territory, and two members, Capt. Richard Sopris, afterward Mayor of Denver, and Edward M. McCook, later Governor of Colorado Territory, were elected to the Kansas legis- lature. Denver had a municipal form of government, with considerable power and jurisdiction. But the great majority of the people were not satisfied with their political condition. They desired a state or terri-
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torial form of government of their own. This was carried out, and there was organized a Provisional Government known as the Terri- tory of Jefferson, unique in American his- tory.
The first important step in the political history of this section was the result of a pub- lic mass meeting, at which action was taken, requesting Kansas to establish a new county, to be known as Arapahoe, and A. J. Smith was selected to represent this proposed county in the legislature of that territory. The or- ganization of a new territory was then advo- cated, the result of which was, that at an election held on Nov. 6, 1858, Hiram J. Gra- ham was selected as territorial delegate. He was instructed to go to Washington and urge upon congress the necessity of establishing the Territory of Jefferson out of the Pike's Peak country. The Kansas legislature re- fused to admit A. J. Smith as a member of that body. Gov. Denver, however, saw the necessity of establishing Arapahoe county, and appointed the following commissioners for the same: E. W. Wynkoop, Hickory Rogers, and Joseph L. McCubin; also, H. P. A. Smith, probate judge. The first elec- tion for Arapahoe county was held March 28, 1859, in which 774 votes were cast, Denver polling 144; Auraria (West Denver) 241; and outside precincts (in Arapahoe county) 389. The following were elected: S. W. Wagoner, probate judge; D. D. Cook, sheriff; John L. Hiffner, treasurer; J. S. Lowrie, register of deeds; Marshal Cook, prosecuting attorney; W. W. Hooper, auditor; C. M. Steinberger, coroner; Ross Hutchins, assessor; L. J. Winchester, Hickory Rogers, and R. L. Wooten, supervisors; and, Levi Ferguson, clerk. The mission of Hiram J. Graham, the delegate sent to Washington, failed.
A meeting was held April 11, 1859, at which Gen. William Larimer presided, and Henry McCoy was secretary, and the feasibility was discussed as to the organization of a state or territorial form of government. At this meeting or convention it was resolved:
"That the different precincts be requested to appoint delegates to meet in convention on the 15th of April, inst., to take into con- sideration the propriety of organizing a new state or territory.'
The people wererestless. A heterogeneous mass had congregated here in this section of the Rocky Mountains. Prompt action was necessary to protect both life and property. They were a patriotic people, but there was the constant and irritating question of jurisdic- tion, and as to where the authority was vested, to control and govern. At the meeting of April 11, a central committee was also ap-
pointed and empowered to designate new precincts, as increasing population might de- mand. This committee met May 7, and designated the first Monday in June as the date to select delegates for the constitutional convention to establish the State of Jefferson. On that date, fifty delegates representing 13 precincts, met in Denver, and after a two days' session, a committee was appointed to draft a constitution to be submitted to an adjourned session of the convention, to be
held the first Monday in August. On the re-assembling of the convention, 167 dele- gates, representing 46 precincts were in attendance. After a week's session, the re- port of the committee, submitting a consti- tution to form the State of Jefferson, was adopted. It also contained a provision that if it should be rejected, an election should be held the first Monday in October, to choose a delegate to congress, to use his influence to secure the establishment of the Territory of Jefferson in the gold region. It will be observed that there was a wide difference of opinion, as to whether they should endeavor to carry out the statehood plan or simply at- tempt to establish a territory. The consti- tution, which contained the alternative scheme, was defeated by a vote of 2,007 to 649, and thus failed the first attempt for statehood in Colorado. Beverly D. Williams was elected, over seven competitors, as delegate to con- gress. About 8,000 votes were cast, and charges of fraud also made. Capt. Richard Sopris, at this election, was also chosen to represent Arapahoe county in the Kansas legislature, and was given a seat in that body. Williams was not so successful in Washington, but it is probable that his agitation of the needs of this section, later resulted in some good in familiarizing the public as to con- ditions in the Rocky Mountains. In the meantime, those who favored the territorial plan, had been active. They had issued an address to the people, requesting that dele- gates be chosen at the October election, to establish an independent or provisional gov- ernment. This convention was convened on October 10th, with an attendance of 86 del- egates. A new constitution was adopted, known as "The Organic Act of the Territory of Jefferson," dividing the territory into dis- triets and counties and the election ordered on the fourth Monday in October. The con- stitution was ratified by a vote of 1,852 to 280. The following officials were elected for Jefferson Territory: Governor, Robert W. Steele; Secretary, Lucien W. Bliss; Auditor, C. R. Bissell; Treasurer, Geo. W. Cook; At- torney General, R. J. Frazier; Chief Justice, A. J. Allison; Associate Justices, J. N. Odel, and E. Fitzgerald; Marshal, John L. Merrickl
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Clerk of Supreme Court, O. B. Totten; Sup- erintendent of Schools, Henry McAfee. The vote of Governor Steele over his opponent, J. H. St. Matthew, was 1,547 against 460, and that on the remainder of the ticket was about the same. The constitution of the Territory of Jefferson provided that the legislature should consist of a Council (Senate) of eight members, and a House of Repre- sentatives numbering twenty-one. Those elected were:
Council-N. G. Wyatt, Henry Allen, Eli Carter, Mark A. Moore, James M. Wood, James Emerson, W. D. Arnett, and D. Shafer.
House of Representatives-John C. Moore, W. P. McClure, William Slaughter, M. D. Hickman, David K. Wall, Miles Patton, J. S. Stone, J. N. Hallock, J. S. Allen, A. J. Edwards, A. McFadden, Edwin James, T. S. Golden, J. A. Gray, Z. Jackson, S. B. Kellogg, William Davidson, C. C. Post, Asa Smith, and C. P. Hall.
The region included in the territory of Jefferson, was considerably larger than the present confines of Colorado. The eastern and southern boundaries were approximately on the same line as they exist at present, but the northern coincided with that of the north- ern line of Nebraska, while the western boundary of Jefferson included about a third of the eastern part of what is now Utah. Al- though the population was congested within only a small part of this area, an ambitious future was planned. The machinery of the Provisional Government was put in motion at once, which afforded the inhabitants a kind of three headed jurisdiction. There were the miners courts, peculiar to themselves; there was an allegiance due to Kansas, as Arapahoe county formed a part of that ter- ritory; and, now had been organized the new Territory of Jefferson, exercising all the func- tions inherent in such a form of government. Further complications ensued as the northern part of this region constituted a part of Nebraska. One of the strong arguments urged against any exercise of authority by either Kansas or Nebraska over this section, was, that the Indian tribes not having re- leased their titles to their lands, that the Ter- ritory of Jefferson had an equal if not better right, to do so.
On Nov. 7, 1859, the provisional legisla- ture of the Territory of Jefferson was convened in Denver, and Gov. Steele delivered his mes- sage to that body. He reviewed the con- ditions that had brought about their present provisional form of government. He began his message as follows:
"It becomes my duty as the chief execu- tive officer for the newly organized Provis- ional Government of this Territory, to make
at this time such recommendations and sug- gestions to your honorable bodies, as I may deem proper to secure the well being and prosperity of our adopted country, which from unmistakable indications is soon to grow into an important state."
Referring to the gold discoveries, the gov- ernor said:
"Prior to the summer of 1858, the region now known as Jefferson Territory possessed in the public estimation no superior attrac- tions for the pioneer settler over other por- tions of the public domain in the possession of the aboriginal tribes. During that season, certain adventurous spirits, led on by a de- sire to prove or disprove the various rumors of rich mineral deposits, which had been in circulation, of the unexplored regions at the base of the Rocky Mountains, prospected the eastern slope from Fort Laramie to the Spanish Peaks in New Mexico, and they gave to the world as the result of their explorations, accounts of their finding gold in nearly all of the mountain streams and in the foot plains at their base. Their report spread rapidly, and ere the beginning of the winter of 1858 and '59, near 1,000 people had made their way to the scenes of these explorations, and were busy in prospecting and preparing shelter and sustenance for the winter. With the early emigration came the spirit of active enterprise, so peculiar to the Great West. Soon improvements of all kinds began to show themselves over the country, town sites were located, farms, ranches and garden spots, dotted our rich valleys, and the plans for a prosperous and happy future were speedily framed."
Thus this message not only gives official ut- terance as to the mining conditions, but shows that attempts were early made in agricultural pursuits. Continuing, Gov. Steele said:
"The necessity was at once felt for some law or rule of action to regulate the trans- actions of man with man, and to secure life and property from the ruthless hand of the felon. A vigilance committee, the first re- source of an isolated and exposed community, was organized, and certain offenses occurring during the winter and spring were taken cog- nizance of. But a more perfect form of gov- ernment than was afforded by a vigilance committee was needed."
What an historical document was that first message by a Colorado governor, for the old Jefferson Territory is the Colorado of to-day! A vigilance committee had punished certain offenses. Who had prescribed what should constitute an offense? They were far distant from any constitutional law mak- ing authority. It was the development of the inherent spirit of civilization that has
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always characterized the American pioneer. He always makes a winning fight for the maintenance of law and order. Gov. Steele does not use the word lynching, or kindred words, but politely says these offenses "were taken cognizance of." The message then recites the historical events leading up to the formation of the Provisional Government. The condition of the people was set forth by the governor, in part, as follows:
"Our Territory occupies an isolated po- sition, separated from the seats of government of Kansas and Nebraska by a distance of about 700 miles, 200 of which is an almost sterile plain. Our interests and avocations differ so widely from those of the citizens of either of the aforementioned territories, or any other from which our territory is formed, that it is utterly impossible for us to be suc- cessfully incorporated 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 in- operative in its effects. It is apparent that any jurisdiction 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 gov- ernment. 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 ex- tent unrebuked."
Gov. Steele then gives utterance to the following patriotic statement :
"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 protection, safety, and happiness to the people of the Territory of Jefferson, when the exigencies of the case so imperatively demanded action in the premises."
The message of Gov. Steele throughout is able, dignified, conservative and patriotic. It tells the simple story that the American is always prepared and ready to solve the question of self government, amid doubtful and adverse conditions.
The laws enacted by the General Assembly of Jefferson Territory, in November and December, 1859 and January, 1860, com- prising a volume of 303 pages, is now, one of the rarest volumes in American jurisprudence, and is eagerly sought by historical societies, libraries, and students of political history.
On October 22, 1860, Governor Steele was re-elected, together with the following: Sec- retary, L. W. Bliss; Auditor, C. R. Bissell;
Attorney-General, Samuel McLean; Chief Justice, J. B. Smith; Associate Justices, Wil- liam Brackett, and C. C. Post; and, Marshal, R. Borton. Denver now had also organized a Provisional City Government, which weakened that of Jefferson Territory. Land Claim Courts had also become influential. Liti- gants having failed in one jurisdiction, with- out the regular "change of venue," would carry their cases to rival courts, and the con- dition still remained unsatisfactory. It was with difficulty that a quorum was maintained during the second session of the General As- sembly of Jefferson Territory, the latter part of which was held by that body in Golden.
In the meantime immigrants were coming and going, but notwithstanding the fluctu- ation in population, there was a gradual, but sometimes slow development of the mining industry. Late in 1859, rich placers were discovered in California Gulch, where about twenty years later was established the great carbonate camp of Leadville. In the spring of 1860, this gulch, and the headwaters of the Arkansas were thronged with thousands of miners and prospectors. For a time, Cali- fornia Gulch yielded rich returns, but no one then dreamed of the Leadville that was to come, in that locality, which was also to be the forerunner to the opening of the Gunni- son and the western slope. In 1860, Baker's Park, in the San Juan was prospected, and in this party was Benjamin H. Eaton, later Governor of Colorado. Their discoveries, made while enduring the severest hardships, in exploring Baker's Park and that region, awakened an interest that resulted in the founding of Silverton, and later, the estab- lishing of mining centers in the San Juan region.
Two duels took place in Denver in the early days. William P. MeClure and Richard E. Whitsett, as the result of a private quarrel, fought a duel, October 19, 1859, MeClure sending the challenge, which was promptly accepted. Using Colt's navy revolvers, they met about a mile up Cherry Creek, with their seconds, and at a distance of ten paces, fired. McClure fell, badly wounded, but later re- covered. Owing to a political quarrel in March, 1860, Dr. J. S. Stone, a member of the legislature of Jefferson Territory, challenged L. W. Bliss, the secretary of the territory. Double barreled shot guns were the weapons selected, to be loaded with bullets, and the distance was set at thirty paces. The meet- ing place was on the north side of the Platte. Dr. Stone fell mortally wounded, and died after a lingering illness, and suffering intense- ly from his wound. W. N. Byers was fearless in denouncing crime and murder, and at one time was threatened by a mob.
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In 1860, Clark & Gruber established a banking and assay office, and then started a mint, there being at that time no law against private coinage. They coined $2.50, $5., $10., and $20. gold pieces. The pony express was established in 1860.
On February 28, 1861, President Buchanan signed the organic act, by which Colorado be- came a territory, and Jefferson Territory with its Provisional Government disappeared. Ida- ho and other names were suggested, but with- out avail. The boundaries of the Territory as established by the act of congress were included in a region between the 37th and 41st parallels of latitude, and the 102nd and
109th meridians of longitude, forming an oblong square with an area of about 104,000 square miles. All of Colorado south of the Arkansas, and between that stream and the Rio Grande; and also between lines drawn from the sources of these two streams to the northern boundary, came from what was a part of the Texas Cession. Thus this section of the state has an historical link with the struggle of Texas for independence, the battles of San Jacinto, and the death struggle at the Alamo. The Louisiana Purchase, and part of New Mexico (which also included a por- tion of the Texas Cession) and Utah, all con tributed to the boundaries of Colorado.
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CHAPTER VII.
Colorado Territory-Administrations of Governors Gilpin and Evans-The Civil War Period.
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