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 7
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The pivotal point in the Sand Creek fight is, the claim by those who denounce Chivington and his men, that these Indians at Sand Creek had been under the pro- tection of Major Anthony. This is denied. It has been affirmed and denied these many years, notwithstanding the investigation made by congress and the court martial proceedings against Col. Chivington. The greater pro- portion of Colorado people stood by Chiving- ton.
The Indian troubles were not yet ended- In January, 1865, Gen. G. M. Dodge was ordered to open up the lines of communi- cation and telegraph and travel, that had been cut and impeded by the Indians, along the overland stage route. Indians were con- tinuing their depredations, and before the campaign was over, in the summer of 1865, about 10,000 troops were sent to the west. They were scattered through Fort Kearney, Julesburg, Camp Collins (Fort Collins) and on to Fort Laramie. Provisions were very high, and for a time Denver was panie stricken. The fourth session of the territorial general as- sembly of Colorado was convened at Golden, Jan. 2, 1865, and adjourned Feb. 10. Col. Thomas Moonlight of Kansas, in January, 1865, assumed at Denver, military command of this district. The legislature not meeting his views in the enactment of certain laws in regard to the militia, Col. Moonlight de- clared martial law. Acting Governor Elbert in February, raised several quotas, which he sent along the South Platte towards Julesburg, who returned in April. Prior and during this time, the volunteer troops along the northern
line had been active, and in March, Gen. P. E. Conner was placed in command of the dis- trict which included Colorado, and later led the Powder river expedition, and the hostili- ties of the Indians ceased.
The civil war having ended, the Indians again peaceful, and with an increase of im- migration, the question of statehood presented itself in a more emphatic way. The need of a railway was urgent. It was realized that with one member of congress and two U. S. senators, Colorado as a state would accom- plish better results in obtaining railroads and other recognition, than if it remained a ter- ritory. Accordingly, after the preliminary meetings and the selection of members, a constitutional convention was convened in Denver, August 8, 1865. W. A. H. Loveland was elected president and W. D. Anthony secretary. The constitution which was fram- ed, on being submitted to the people, was adopted by majority of 155 votes, and nomi- nations were made for offices. Former Gov. Gilpin was elected governor and George M. Chilcott, was sent to congress. The legis- lature met in Golden, and adjourned to Den- ver Jan. 4, 1866. Believing that statehood was assured, former Gov. Evans and Jerome B. Chaffee were elected to the U. S. Senate.
But now a new and disturbing element was intruded into the politics of the Territory. Although Gov. Evans had given Colorado a wise and patriotic administration, yet the Sand Creek affair was urged against him, and finally bore its results. President Johnson brought about a change, and in October, 1865, Alexander Cummings of Pennsylvania was appointed Governor. Cummings was op- posed to the statehood plan, and succeeded in disconcerting the attempts made to ac- complish that result. During his adminis- tration, Governor Evans became the founder of the University of Denver, first known as Colorado Seminary, a charter being granted by the territorial legislature.
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CHAPTER VIII.
From Governor Cummings to Governor Routt, and the Beginning of the Statehood Period.
LEXANDER CUMMINGS, Governor of Colorado Ter- ritory (1865-67), entered up- on the duties of that office in October, 1865. His pred- ecessors, Governors Gilpin and Evans, had been through strenuous years in their ad- ministrations, for those were the days of the civil war, and coupled with that of Gov. Evans who had served the longer term, was the Indian war on the plains in 1864-65. Peace having come, civil and internal affairs began to receive more attention. During the civil war period, many of the democrats had combined with republicans. But the war was now a closed issue. Party lines were begin- ning to readjust themselves, and more in- trigue and partisanship became manifest. The policy adopted by Gov. Cummings, how- ever laudable his intentions may have been, encouraged an acute situation in the political condition, fostering rather than allaying the growing discontent. Gilpin and Evans were more in touch with western sentiment, both intensely patriotic, but differing widely in temperament. Gov. Cummings, on the other hand, had been trained in the far eastern and more exacting school of politics in Penn- sylvania. Although he had the support of strong and able men, such as A. C. Hunt, afterwards governor, yet he was not of that mould or character to awaken hearty en- thusiasm in the west, and he irritated mat- ters by adopting a course that was not in ac- cord with the general public sentiment. During his administration, and through that of his successors, Hunt, McCook, and Elbert, and MeCook a second time, territorial politics were permeated with intrigue and partisan- ship, for some of which, these governors were not altogether to blame. Harsh criticism should be weighed with some grains of al- lowance, owing to the intense feeling and bit- terness which at times prevailed, during that period. Not until the appointment of Gov. John L. Routt, who possessed firmness with strong executive ability and an unusual sup- ply of hard, practical common sense, did a
more peaceful condition become apparent in the political situation. The strong and ef- fective balance wheel in those days, was "Governor" Frank Hall as he was then com- monly known. He was Secretary of the Territory from 1866 until 1874, serving under Governors Cummings, Hunt, McCook and Elbert. In the absence of the governor, the secretary performed not only the duties of his own office, but that of the governor as well. As a considerable portion of the time of these executives was spent in Washington, Frank Hall frequently, and often for some length of time, became the acting governor, exer- cising the functions of the chief executive, even to delivering an "Acting" Governor's message to the legislature. He was a strong and fearless man, whom the people trusted, and often, but for his restraining influence, political conditions may have proven more unbearable. He so frequently performed the duties of the gubernatorial office, that some think he should be considered one of the gov- ernors of Colorado. He subsequently pub- lishod an interesting history of Colorado in four volumes, replete with intimate details. He was adjutant-general two years under Gov. Pitkin and since that time, his old and popular title of "Governor" has been sup- planted by that of "General" Frank Hall.
Gov. Cummings inaugurated a campaign against the plan to make Colorado a state. Samuel H. Elbert, still holding the office of secretary of the territory, as he had under Gov. Evans, was in sympathy with the state- hood scheme. Friction naturally arose be- tween him and Cummings, and the latter took from him the custody of the territorial seal. These and other acts brought about a condition so exasperating, that Elbert re- signed. Gov. Cummings requested Frank Hall, a member of the house from Gilpin county in the general assembly, to take the office vacated. Mr. Hall at first declined. After Cummings insisted, he permitted the governor to send his name to Washington, and thus he reluctantly, became secretary of the territory.
President Andrew Johnson sent the fol-
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lowing communication to congress on January 12, 1866:
"I transmit herewith a communication addressed to me by Messrs. John Evans and J. B. Chaffee as U. S. Senators elect from the State of Colorado, together with accompany- ing papers. Under authority of the act of congress, received the 21st day of March, 1864, the people of Colorado, through a con- vention framed a constitution making pro- vision for a state government which, when submitted to the qualified voters of the terri- tory, was rejected. In the summer of 1865, a second convention of the several political parties in the territory was called, which assembled in Denver on the 8th day of Aug- ust. On the 12th of that month this con- vention adopted a state constitution which was submitted to the people on the 12th day of September and ratified by a majority of one hundred and fifty-five of the qualified voters. The proceedings in the second in- stance having differed in time and mode from those specified in the act of March 21st, 1864, I have declined to issue the proclamation for which provision is made in the 5th section of the law, and therefore submit the question for consultation and further act of Congress."
This action by President Johnson pre- vented the seating of Gov. Evans and Jerome B. Chaffee as U. S. Senators from Colorado, and it has been claimed that the attitude of the president in this matter was influenced by Gov. Cummings and his friends, who at this time opposed the admission of Colorado as a state.
The situation was complicated in Colo- rado at this time by the race question. The negroes petitioned the legislature to extend to them the right of suffrage, and that their children be permitted to attend the public schools.
The fifth general assembly of Colorado had convened at Golden, but on January 4, 1866, had adjourned to Denver. Gov. Cum- mings sent a special message to that body, en- dorsing the petition and claims made by the negro people. At an election held in 1865, the question of admitting the negro children to the public schools, had been decided against the latter, and the general assembly refused to consider what it claimed had been rejected by a popular vote of the people.
The weapon most effectively used by Cummings against the admission of Colorado as a state, was the meager population. The statehood leaders asserted that Colorado then had from 50,000 to 60,000 inhabitants, while Cummings placed the number at about 25,000, as shown by the census. On May 3, 1866, a bill was passed by congress, admitting
Colorado as a state. This measure was vetoed by President Johnson, who set forth that the population was insufficient to bear the burdens of a state government, also inti- mating that the constitution had been car- ried by a fraudulent vote. Former Gov. Evans and Jerome B. Chaffee, the senators elect from Colorado, refused to pledge their votes to sustain the reconstruction measures advocated by President Johnson. If Evans and Chaffee had supported Johnson's policy, Colorado would then have probably become a state. Trouble also ensued over the elec- tion, held Aug. 7, to choose a delegate to congress. George M. Chilcott was elected by the returns, over his competitor, A. C. Hunt. Cummings interfered with the work of the Territorial Board of Canvassers, which had a most tempestuous meeting, and he certified to the election of Mr. Hunt. The board also sent its findings to congress, which resulted in the seating of Mr. Chilcott. During the canvass of the Chilcott-Hunt vote in Colorado, Cummings telegraphed to Washington, demanding the removal of Frank Hall, Secretary of the Territory. Acting on this advice, President Johnson named a Mr. Hood his successor, but the nomination not being confirmed in the senate, Frank Hall remained in the office.
In 1866, a census of the territory was taken under an act of the legislature, the population being 27,931, that of Denver 3,500. In January, 1867, congress passed, another bill to admit Colorado as a state, which was also vetoed by the president. Evans and Chaffee, the Colorado Senators elect, still continued the fight for statehood, but without effect.
A. C. Hunt, Territorial Governor (1867- 69) of Colorado, succeeded Cummings in May, 1867. He had been U. S. Marshal, and the firm friend of his predecessor, and thoroughly understood the political situation. Probably no chief executive of Colorado ever exercised a greater influence over the Indians than Hunt. He was a man of decided ex- ecutive ability, and later was associated with Gen. William J. Palmer in building the Den- ver & Rio Grande railroad. Gov. Hunt was confronted with an Indian outbreak, and during the summer (1867), this region was visited by the grasshopper (locust) plague, being the second of this misfortune in Colo- rado, the first having occurred in 1864. The ranchmen lost heavily, and agricultural in- terests received a serious blow. In the spring of 1867, the Cheyennes and Arapahoes, com- bining with the Sioux, became very trouble- some, and although the regular troops of the government were on the frontier, the Indians committed some depredations along the
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Platte, and the settlers were in the midst of constant danger. The seventh general as- sembly was convened at Golden Dec. 2, ad- journed to Denver, Dec. 9, and adjourned sine die, Jan. 10, 1868. But little important legislation was accomplished. During the Indian wars in Colorado, up to the present times, the whites had been at peace with the Utes. The outbreaks and disturbances had been mainly confined to the tribes on the plains. The Tabeguache Utes, by a treaty in 1863, had been given a reservation in western Colorado. Other bands of Utes later, became unfriendly because they were not included in the treaty, but no serious dis- turbances occurred, yet they remained rest- less and dissatisfied. Gov. Hunt, Kit Carson, and N. G. Taylor, commissioners appointed for that purpose, made a treaty in March, 1868, with the Utes, in which the latter re- linquished all their lands in Colorado except that portion south of the 40th parallel and west of the 107th meridian, which was to remain as their reservation. The Grand River, and the Yampah, or Bear River Bands, were established in the northern part, with their agency on White river, and be- came known as the White River Utes. The central agency was located at Los Pinos for the Uncompahgres and Tabeguaches, while the Capotes, Muaches, and Weeminuches were assigned to the southern part, without an agency at that time. Certain annuities were to be allowed, and Ouray was made the chief of all the bands. In the treaty of July 3, 1868, the Shoshone and Bannock Indians ceded a large tract of land in Colorado, west of the North Platte, and north of the Yampah. Thus all of Colorado was open for settlement, except the western part that was included in the Ute reservation. A band of Cheyennes, whose nation had already been committing depredations on the plains, passed into the Ute country in September, 1868, killing sev- eral of that tribe, and when returning, stole a number of horses. They were followed by volunteers, but escaped. The Indian sit- uation on the plains became acute in 1868, and a general uprising was imminent. General Sheridan was in command, and established headquarters at Fort Hays. The Chey- ennes and Arapahoes were on the war path in Colorado, some of the latter tribe camping for a time at Colorado ('ity. Among the victims of these raids were Mrs. Henrietta Dieterman, and her son about five years of age, on Comanche creek. When their bodies were brought to Denver, and the horribly mutilated condition of the mother's remains were made known, great excitement prevailed. There were cries for vengeance, and volun-
teers were raised, who, commanded by Maj. Downing, were sent out on the Bijou where several atrocities had been committed, but they failed to find any Indians, as they had escaped. In August, the Indians raided Larimer county, killing William Brush and two of his men, and stealing stock.
It was during this war, that one of the historic battles with the Indians, took place on Beecher Island, on the Arickaree on the eastern border of Colorado. Here Col. G. A. Forsythe with a small band of scouts was at- tacked by several hundred hostiles, making one of the bravest and most memorable de- fences in Indian warfare. On the 10th of September, 1868, Col. Forsythe left Fort Wallace, Kansas, with forty-seven men, sup- plied with ten days' rations. On the Arick- aree, he defeated a small band that had be- set his camp on the 16th, and was then suddenly attacked by the main body con- sisting of 700 hostiles. Retreating to an island, now known as Beecher island, in the Arickaree, they made an heroic resistance against the horde of savages that now sur- rounded them on all sides. Failing to effect the capture of Forsythe's men by several charges, led by Roman Nose, a chief of the Arapahoes, the Indians then began a siege. Scouts left in the night to give warning at Fort Wallace, while Forsythe and his men bravely held out. A seanty water supply was obtained by digging in the sand. They fed on dead horses until the flesh became putrid. Eight were killed and twenty wound- ed before relief arrived. Among the dead was Lieut. Beecher for whom the island has since been named. A monument has been erected to commemorate the heroism of the defense in that fight. This war on the plains ended by the severe chastisement and defeat inflicted upon Black Kettle Nov. 27 by Gen. Custer, on the Washita.
A serious American-Mexican riot occurred at Trinidad New Year's day, 1868. It started over a trivial matter pertaining to a wrestling match, but resulted in three being killed and several wounded, before peace was restored.
During 1868 there was, more or less effort to secure the admission of Colorado as a state. In September that year, Allen A. Bradford was elected delegate to succeed Chilcott in congress. U. S. Senators elect Evans and Chaffee, that same month, resigned as such, so that all personal issues might be eliminated in the statehood fight. But the agitation waned, and no further effort in this line was made for some time.
Gen. Edward M. McCook was appointed Governor (1869-73, reappointed, 1874-75) of
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the Territory of Colorado June 15, 1869, by President Grant to succeed Hunt, who had been suddenly removed. Gen. McCook was of the "fighting MeCook" family, and it was but na- tural that Grant should reward one of his old soldiers with such an appointment. In Septem- ber, 1870, Jerome B. Chaffee was elected dele- gate to congress, and re-elected in 1872. The census of 1870 gave Colorado a population of 39,864, with property of an assessed value of about $18,000,000. The eighth general assembly of the territory was convened in Denver Jan. 3, 1870, and adjourned Febru- ary 11th, and the ninth session met Jan. 1, 1872, adjourning February 9th.
At the 9th session of the general assembly, a bill was passed appointing the governor, secretary, and chief justice, a commission to arrange for the erection of a capitol building. When donations to the amount of $10,000 should have been received, they were authorized to sell lots set apart for the purpose to pro- vide a fund, and erect a capitol building. Prior to this, however, the seventh general assembly passed an act transferring the capi- tal from Golden to Denver. The bill also contained a provision that a tract of land should be donated for capitol building pur- poses. The commissioners who were ap- pointed under the act of 1867 to locate the site for the capitol, were: A. A. Bradford of Pueblo, William M. Roworth of Central-City, and J. M. Marshall of Denver. These pre- liminaries in legislation were followed later by Henry C. Brown's donation of the present site, which has been increased by an additional purchase. Thus was the begin- ning made towards the present handsome state capitol and grounds. The further at- tempt in congress during 1871-2, to secure the admission of Colorado as a state, having failed, the legislature in 1872 adopted a memorial for an enabling act. Dissatisfaction as to the expenditure of the appropriation for the Indians, involved Gov. McCook, who was also superintendent for the Indians. Nothing was proven to incriminate the governor, but an opportunity was afforded his opponents to make war on his administration. A pe- tition was also signed remonstrating against his re-appointment, and requesting the ap- pointment of Samuel H. Elbert, which proved effective.
During the administration of Gov. Mc- Cook, several events occurred not of a po- litical nature, which had an important bearing on the future of Colorado.
On June 15, 1870, the first construction train of the Denver Pacific, drawn by a lo- comotive named "D. H. Moffat," pulled into Denver. On June 24 the road was completed and accepted, connecting Denver with the
Union Pacific, and thus this city was first given a railway outlet. In August, 1870, the Kansas Pacific was completed to Denver. On September 23, 1870, the Colorado Central Railroad was finished as far as Golden, and traffic established between Denver and that point. Articles of incorporation were filed Oct. 27, 1870 by the Denver & Rio Grande Railway Company, and the work of building that great system was inaugurated in March, 1871. The Denver & Boulder Valley Rail- road opened for business in January, 1871. This was an era making period. These and other great enterprises were laying the foun- dation for Colorado's future. In the spring of 1870, the Greeley Colony was established. Although there had been some development in the irrigation problem from the early garden tracts and pioneer ranches, that raised products for the first settlers, yet now were to be proven those facts that have made Colo- rado a rich agricultural region. Old and new mining camps were being developed. The railroads were planing new towns, and there was a rushing and crowding together of his- torical events.
Samuel H. Elbert was appointed Governor (1873-74) as the successor of MeCook, and assumed the duties of that office, in April, 1873. He was the son-in-law of former Gov. Evans, under whom he had served as secretary of the territory. Elbert's appoint- ment was well received, but McCook, feeling that an injustice had been done in his re- moval, began to plan for his own re-appoint- ment. This political fight has been desig- nated as the McCook-Elbert war, in which much partisan feeling was displayed. During Elbert's brief administration, several import- ant state institutions were established. He called a convention of delegates from the west, which was held in Denver, to discuss the arid land question, and the development of sup- posed millions of acres of worthless land. It was but the beginning of similar conventions that are now convened on irrigation problems, and the development of the agricultural re- sources. The appeal of an old soldier to an old soldier was not without its effect, and es- pecially as McCook claimed that he was en- titled to a vindication. The re-appointment of McCook was sudden and set the political pot boiling at fever heat. The democrats were quick to take advantage of the situation. In September, 1874, Thomas M. Patterson was elected delegate to congress, defeating the republican nominee. The republicans were split into factions, and President Grant recognizing the serious condition in which his party had been placed, appointed Routt to succeed MeCook as governor.
John L. Routt, Governor (Territorial,
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1875-76; State, 1877-79, 1891-93) of Colo- rado, during the last of the territorial period, assumed the duties of that office March 30, 1875. He found the republican party torn asunder by factional feeling, but being a born leader, and of unusual executive ability, he began to heal these party differences, and place it in a position where it held full sway in state politics for a number of years. The statehood plan had now been revived and pushed with energy. Prominent leaders of both parties favored the admission of Colo- rado as a state, republicans and democrats, both hoping to carry it in the coming (1876) presidential election. After a long and strenuous fight, the enabling act for the ad- mission of Colorado was passed, and signed by President Grant March 3, 1875. Pursuant to this act, an election was held to choose delegates to frame a constitution. and the following were elected: H. P. H. Bromwell, Casimero Barela, William E. Beck, George Boyles, Byron L. Carr, William H. Cushman, William M. Clark, A. D. Cooper, Henry R. Crosby, Robert Douglas, Frederick J. Ebert, Lewis C. Ellsworth, Clarence P. Elder, Wil- liam B. Felton, Jesus Maria Garcia, John S. Hough, Daniel Hurd, Lafayette Head, Wil- liam H. James, William R. Kenedy, William Lee, Alvin Marsh, William H. Meyer, S. J.
Plumb, George E. Pease, Robert A. Quillian, Lewis C. Rockwell, Wilbur F. Stone, William C. Stover, Henry C. Thatcher, Agapito Vigil, W. W. Webster, George C. White, Ebenezer T. Wells, P. P. Wilcox, John S. Wheeler, J. W. Widderfield, J. C. Wilson, and Abram K. Yount.
The constitutional convention, composed of thirty-nine members, was convened at Denver in December, 1875, and remained in ses- sion until in March, 1876. Joseph C. Wilson was elected president, and W. W. Coulson, sec- retary. The constitution prepared by this convention was an able document, and ex- cept for some few amendments, remains in- tact. Repeated efforts have been made pro- viding for the holding of another constitu- tional convention, but so thorough was the original, the people have been unwilling to risk any change, except in adopting an oc- casional amendment that may have been sub- mitted by the legislature.
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