USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. IV > Part 37
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Doctor Stone's antagonist was Lucien W. Bliss, the secretary of the provisional territory. The circumstances leading to the duel were as follows: Stone was a member of the provisional legisla- ture, but after drawing his pay at the close of the session of that body he repudiated the government and the laws he had helped
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to make. On the evening of March 6, 1860, Secretary Bliss gave a dinner to some of his friends at his rooms. During the progress of the dinner Stone, accompanied by a friend, dropped in uninvited. While they were present Bliss proposed the toast -- "Here's to the man who got his pay and then repudiated the government and left his friends." Stone and his friend at once took their leave but a little while later the latter returned bearing a challenge. As the challenged party Bliss had choice of weapons. He named double barreled shotguns, loaded with bullets, at a distance of thirty paces. The meeting occurred the next morning. Stone fired first but Bliss escaped unharmed. The secretary then fired and Stone fell mortally wounded, being shot through the pelvis. He lingered for several months, how- ever, before death came to his relief. It is said that it was not Bliss's intention to kill the doctor and that he fired low on purpose to avoid hitting a vital part.
Like all frontier towns Denver had a fair share of that turbu- lent element that has little regard for law or for human rights. An attempt was made to mob William N. Byers because he denounced, in the Rocky Mountain News, the killing of a negro by a desperado named Harrison. In an assault upon the News office an associate of Harrison's, a man named Steele, was shot and killed. Another desperado by the name of Gordon killed two men and was followed by Sheriff Middaugh into the Cherokee country, where he was captured and brought back to Denver for trial. His case was tried by a People's court where he was found guilty and sentenced to be hanged. The energy displayed by the sheriff in the capture of this ruffian, and the promptness with which the sentence of the court was executed, had a salutary effect upon the community. Those who believed in law and order were encouraged while the lawless saw that they must either behave or seek some other field of operations. Some reformed and others left the town.
The second election for officers of the provisional government occurred October 22, 1860. A very light vote was polled, due to several causes. The region over which it was sought to establish authority was embraced within the boundaries of five different territories created by acts of congress. The western part of the proposed territory of Jefferson was really part of Utah; the southern portion was included in New Mexico, and the eastern part was divided between Kansas and Nebraska. Not- withstanding, the acts of the legislature and the executive officers were intended to promote the general welfare, the people recog-
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nized the fact that interference on the part of one or more of the established territories was liable to come at any moment. Another reason for the lack of interest in the provisional goverment was that systematic efforts were under way to have the territory regularly organized by congress. Jannary 2, 1860, a mass meet- ing, which was largely attended, was held at Denver. At this meeting a memorial, to the president of the United States was adopted, setting for thereasons why a separate territory should be organized, and S. W. Beall was chosen to carry it to Washington. This was followed by petition after petition from the people asking and urging congress to create a new territory. Such perseverance must needs meet its reward. In response to this popular demand congress passed a bill, which was approved by the president February 2, 1861, establishing a new territory extending from the thirty-seventh to the forty-first parallels, and from the twenty-fifth to the thirty-second meridians west from Washington, but the name of Colorado was substituted for that of Jefferson.
In connection with the organization of the territory might be noticed the interesting fact that Colorado was the only state or territory except California in which money was ever coined inde- pendent of the Federal government. During the early days, not- withstanding gold was plentiful, money was extremely scarce. Little bags of buckskin filled with gold dust were made to do duty as currency. In 1860 the firm of Clark & Gruber erected a building in Denver for banking purposes and an assay office. It may not be generally known that prior to 1861 there was no law on the statute books of the United States to prevent any one so inclined from coining money. Knowing this Clark & Gruber decided to supply the demand for currency, to some extent at least, by the coinage of ten and twenty-dollar gold pieces. Dies were made bearing on one side the figure of Pike's Peak and on the other the name of the firm issuing the coin. No one refused them for they contained about one per cent more gold than the standard double eagles of the United States. In. 1861 the fırın ordered a complete set of dies for denominations of $2.50, $5, $10 and $20, that were close imitations of United States coins of like denominations. The coining continued about two and one-half years, and about three million dollars' worth were issued in that time.' Early in the spring of 1862 Mr. Gruber was in Washington, and while there called upon Secretary Chase at the treasury departi went. In the course of the conversation Gruber mentioned their experiment and exhibited some of the coins.
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The secretary protested against their further use, but Gruber insisted that there was no law against their coinage, which was true. The secretary resolved that the law must be changed, and at the next session of congress an act was passed restricting the power to coin money to the government. The Pike's Peak coins were bought up by speculators though a few were pre- served by collectors and are still in existence. Two years later the government bought the building from Clark & Gruber and established a branch mint in Denver but no coining was done.
By the organic act the rights of the Indian tribes in Colorado were not to be infringed upon, nor their lands disturbed until relinquished by treaty, and congress reserved the right to divide the territory any time that migh be deemed expedient. The gen- eral appropriation bill which was passed a few days later pro- vided for the expense of taking a census, and appropriated five thousand dollars for the erection of a territorial penitentiary, the money to be expended under the direction of the governor, chief justice and marshal. As usual in the organization of a new territory the appointment of the executive and judicial offi- cers was placed in the hands of the president. Shortly after his inauguration President Lincoln appointed William Gilpin, gov- ernor ; Lewis L. Weld, secretary ; Benjamin F. Hall, chief jus- tice; Charles Lee Armour and S. N. Pettis, associate justices ; William L. Stoughton, attorney general ;* Copeland Townsend, United States marshal ; and Francis M. Case, surveyor general. Governor Gilpin arrived at Denver May 20, and entered upon the duties of his office. He received a cordial welcome from the people who, tired of the triple-headed government, gave him loyal support and a hearty co-operation in getting the new territorial government launched.
*Succeeded in a short time by James E. Dalliba.
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COLORADO TERRITORY PRIOR TO 1870.
CHAPTER HI
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The Territory Prior to 1870
W TILLIAM GILPIN, the first territorial governor of Colo- rado, was born on the historic battlefield of Brandywine, October 4, 1822. During his boyhood he spent two years attending school in England, and upon his return to this country he entered the University of Pennsylvania, from which he graduated two years later. Through the influence of Presi- dent Jackson he was admitted to West Point, and after com- pleting the course in that institution was commissioned second lieutenant in the Second dragoons. Upon the breaking out of the Seminole war he was promoted to first lieutenant and fought in Florida under General Jessup. He next entered the field of journalism and took charge of the Missouri .Argus at St. Louis. Hle was elected secretary of the general assembly of Missouri, and about the year 1840 he began the practice of law at Indepen- dence. But both law and journalism were too quiet for him, so in 1843 he joined Fremont's expedition to Fort Vancouver. Proceeding to Oregon City he was instrumental in organizing the provisional government there and took the petition to Wash- ington explaining to the United States government the situa- tion in Oregon. In 1847 the Indians united to cut off western emigration and Gilpin was commissioned to lead an expedition to open up the route. Wth 1,200 men he entered the Indian country, passed the winter in the neighborhood of Pike's Peak and the next spring accomplished the purpose for which he had been sent out. He was one of a hundred men that accompa- nied President Lincoln to Washington in March, 1861, and slept in the White House as the president's personal guard. While governor of Colorado the Pacific railway project began
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to take form, and although many thought the scheme highly problematical, he did all he could to advance the idea of a trans- continental railway. Governor Gilpin was a fine scholar, a bril- liant orator and an entertaining writer. He was the author of "The Central Gold Region," "Notes on Colorado," and "The Cos- mopolitan Railway," etc. He died January 19, 1894.
February 18, 1861, while the question of organizing the Ter- ritory of Colorado was pending in congress, an important treaty was concluded at Fort Wise with the Cheyenne and Arapahoe Indians. By this treaty a large tract of land was ceded to the United States. It included all that part of the present State of Colorado lying east of the main divide and north of the Purga- tory and Arkansas rivers, except a reservation between the Arkansas river and Big Sandy creek, the western boundary of which was not far from the eastern line of the present county of El Paso. The cession of these lands and the prospect of their being early opened to settlement no doubt had its influence upon congress and hastened the organization of the territory.
Governor Gilpin arrived at Denver May 20 and soon afterward assumed the duties of his office. He spent some time in visiting the different settlements, forming the acquaintance of the peo- ple, and having a census taken by the marshal. When completed this census showed a population of 25,329, of whom 18, 156 were voters. On the tenth of July he assigned the judges to their respective districts, and the next day issued a proclamation divid- ing the territory into nine council and thirteen representative districts, as provided by the organic act, and ordered an elec- tion for members of the territorial legislature and a delegate to congress on the 19th of August. Two candidates were nominated for delegate. Hiram P. Bennett was nominated by a conven- tion at Golden City, July 1, before the governor's proclamation calling an election had been issued. Beverly D. Williams was nominated by the Democrats at a "Union convention" July 24. Bennett was elected by a large majority, receiving 6,699 votes to 2,898 for Williams.
September 9 the first session of the territorial legislature was convened at Denver. The members of the council, in the order of their districts, were Iliram J. Graham, Amos Steck, C. W. Mather, H. F. Parker, A. U. Colby, S. M. Robbins, E. A. Arnold, R B. Willis and J. M. Francisco.
In the election of members of the house there were two con- tested saus. N. J. Bond contested the election of Daniel Wit- ter in the Seventh district, and (. A. Whittemore contested that
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COLORADO TERRITORY PRIOR TO 1870.
of Corydon P. Hall in the Tenth. As finally settled, the house was made up of Charles F. Holly, E. S. Wilhite, Edwin Scud- der, William A. Rankin, J. B. Chaffee, J. H. Noteware, Daniel Witter, George F. Crocker, Daniel Steel, O. A. Whittemore, Vic- tor Garcia, Jesus Barela, and George M. Chilcott.
The council was organized by the election of E. A. Arnold, president, and S. L. Baker, secretary. In the house, Charles F. Holly was elected speaker and F. H. Page chief clerk. The session lasted sixty days. In that time civil and criminal codes were enacted and the Illinois practice code adopted for the use of the territorial courts. The territory was devided into seven - teen counties, viz: Arapahoe, Boulder, Clear Creek, Costilla, Douglas, El Paso, Fremont, Gilpin, Guadaloupe,* Huerfano, Jef- ferson, Lake, Larimer, Park, Pueblo, Summit, and Weld. Acts were passed recognizing the legality of the miners' courts and pro- viding for the transfer of all pending cases to the regularly estab- lished courts of the territory, and giving sanction to the laws and regulations concerning claims that had been adopted by the various mining districts. Just before the final adjournment an act was passed locating the capital of the territory at "the town of Colorado City, situated on the east bank of the Fontaine qui Bouille at the mouth of Camp Creek,", and S. L. Baker of Cen- tral City, E. B. Cozzens of Pueblo, and J. M. Holt of Gold Hill, were named as commissioners to select the exact location for the capitol and other state buildings. November 7, acts were passed establishing a common school system and locating the University of Colorado at Boulder. The school law enacted at this first session was modeled after the State of Illinois. The territory was redistricted for members of the legislature, the number of councilnen being increased to thirteen, and the num- ber of representatives to twenty-six, the maximum limit as fixed by the organic act. It was also provided that the additional legislators should be elected in December, and that another ses- sion should be held beginning on the first Monday in June, 1862.1
The additional councilmen, elected in December, were II. R. Hunt, W. A. H. Loveland, N. J. Bond, J. B. Woodson and Henry Altman. The additional members of the house were Joseph Kenyon, D. C. Oakes, C. G. Hanscome, W. M. Slaughter, II. B.
*Changed to Conojos a few days Intor.
III was afterward discovered that this would throw two sessions of the ns- sembly within the same fiscal year, and that no appropriation for legislative expenses would be avaffable until after the first of July. The date was there- fore changed to the first Monday In July.
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Hayes, J. W. Hamilton, Wilbur F. Stone, John Fosher, M. S. Beach, José Raphael Martine, José Francisco Gallejos and D. Powell.
Scarcely had the echoes of the jubilant cheers over the organ- ization of the territory died away when the whole country was shoked by the news that the Civil war had begun. And which side of the cause would Colorado espouse? Following Green Russell's party hundreds of Southern men had come to Colo- rado. Would they stand with the North or the South in the coming contest ? No demand had been made on the infant Ter- ritory for troops, nor was there any appearance of immediate danger. But Governor Gilpin, being a soldier himself, believed in the old adage, "In time of peace prepare for war." Before leaving Washington he had received instructions from the presi- dent to keep the new territory in the Union. Broad powers had been conferred on him by the national administration to accom- plish that end. To avoid arousing the opposition, if any existed," he proceeded quietly to raise two companies of picked men, purchased arms wherever he could get them, and after this nuclens of a regiment was equipped, issued a call for eight more companies to complete the organization. About that time news was received of the Confederate victory at Bull Run. Then it developed that some of the Southern sympathizers, under the leadership of one McKee, had been cantiously organizing with the intent to plunder the banks and stores of Denver, proceed to Texas and join the Confederate army. The news from Bull Run encouraged this clement and some of them came out more openly. A Confederate flag was given to the breeze at Denver, but it did not remain there long. This incident thoroughly aroused the Union sentiment, the men of Colorado responded promptly to the governor's call, and in a short time the First Colorado vol- unteer infantry was ready for service. Supplies were purchased from the Denver merchants and paid for by drafts on the United States treasury. The regiment was officered as follows: Colonel, J. P. Slough ; lieutenant colonel, S. F. Tappan; major, John M. Chivington.
The regiment soon became known at "Gilpin's Pet Lambs." It was, for the most part, made up of strong, brave men, but it also contained many restless, undisciplined individuals to whom the inactivity of camp life was galling. They had enlisted to fight, but for wed. they were held in camp at Denver doing nothing. Their presence there did much to hold the Confederate senti- ment in check, but the enforced idleness made discipline hard to
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COLORADO TERRITORY PRIOR TO 1870.
maintain. Clashes with the Denver police were frequent, and the troops were moved to Camp Weld, two miles from town. A little later two companies were sent to Fort Lyon. Some openly threatened to desert unless the regiment was called into active service. That time, however, was near at hand. Early in 1862, Gen. H. H. Sibley at the head of 4,000 Texan troops invaded New Mexico, and Major General Hunter, commanding the depart- ment, ordered the Colorado troops to the relief of General Canby, who had been driven back by Sibley to Fort Craig, near Val- verde, N. M. Sibley's objective point was Fort Union, where there was a large store of military supplies, it being the chief depot in New Mexico. To protect these supplies the First Colorado made a series of forced marches by way of the Raton pass, going in twenty-four hours sixty-four miles, and leaving their baggage at the Red river in order that the wagons might be used to hanl those who gave ont on the march. By almost superhuman efforts they reached Fort Union March 13, and the . next day learned from Canby that Sibley was at Santa Fe recruit- ing his army. When this information was received Colonel Slough resolved to march on Santa Fe before Sibley had time to strengthen his forces. With a force of about 1,300 men, con- sisting of the First Colorado, two companies of the Fifth United States infantry and two light batteries, he left Fort Union March 28, keeping a company of mounted scouts out to ascertain the enemy's movements. Two considerable skirmishes took place on the line of march. At Apache canon Major Chivington with 400 men defeated twice that number of Texans. March 28 Colonel Slough was attacked at Pigeon's rancho by a greatly superior force, and held his ground in a fight which lasted all day. When night came the Texans asked for an armistice to give them an opportunity to bury their dead. The Union loss in these two engagements was 49 killed, 64 wounded, and 21 captured. That of the enemy amounted to 281 killed, 200 wounded, and 100 captured. . While the armistice was in force Colonel Slough received orders from General Canby to stop fighting and return to Fort Union. The order displeased Colonel Slough and he resigned as soon as the regiment got back to Fort Union.
In April the regiment, now commanded by Chivington, who had been promoted to the colonelcy,* joined Canby and partici- pated in the battle of Peralta. Sibley left New Mexico and for
*The promotion of Major Chivington over Lieutenant-Colonel Tappan caused some Ill feeling that had a tendency to react on the major in the investigation of the Sand Creek affair three years Inter.
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some time the regiment was in camp at Valverde and Fort Union, the men agam chafing at their enforced idleness. In July Chivington went to Washington on leave of absence, to request that the regiment be transferred to a department where there was active service. The result of his mission was the following order from Major-General Curtis, who had succeeded General Hunter in command of the department.
"St. Louis, November 1, 1862.
"Special Order No. 36.
"Pursuant to orders from the Secretary of War and the election of Governor Evans of Colorado Territory, the first Regiment Colorado Volunteers commanded by Colonel Chiving- ton, will be converted into a cavalry regiment to be denominated the First Cavalry of Colorado. The Quartermaster and Ord- nance Departments will furnish and change equipments to suit the change of arins. The regiment will rendezvous in Colorado Territory : headquarters at Denver.
"By command of Major-General Curtis. "N. P. CHIPMAN, Colonel and Chief of Staff."
The regiment reached Denver January 13, 1863, where it met with a hearty reception, being escorted through the streets by the Third Colorado and welcomed by a large concourse of enthusiastic citizens. The transformation to a cavalry regiment was soon completed and it did valiant service against the Indians on the frontier until 1865 when it was disbanded.
Two companies were organized in the fall of 1861 by Captains Dodd and Ford in the southern counties of the territory and sent to Fort Garland. They also participated in the New Mexico campaign, and afterward became the nucleus of the Second Colorado. In February, 1862, Col. J. H. Leavenworth was ordered to recruit six companies of volunteer infantry, which with the two companies mentioned were to be organized into a regiment. Later two more companies were added and the Second regiment was complete. J. H. Leavenworth was made colonel and Capt. T. II. Dodd lieutenant-colonel. For some time after the organization was made the regiment did duty on the frontier, but October 11, 1863, by order of Gen. J. M. Schofield, it was consolidated with the Third Colorado, the new regiment to be called the Second Colorado cavalry. It was ordered to Kansas City, Mo., and took part in the Price raid. After that it was employed for a time in the district of Arkansas, but
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COLORADO TERRITORY PRIOR TO 1870 ..
later was assigned to duty in the operations against the Cheyenne, Arapahoe, Kiowa and Comanche Indians. It was mustered out in September 1865.
The organization of the Third regiment was begun in August, 1862, though in the following February only one battalion was ready for service. James H. Ford was commissioned colonel, S. S. Curtis, lieutenant-colonel, and Jesse L. Pritchard, major. March 3, 1863, this battalion was ordered to Missouri, and went into camp at Sulphur Springs, twenty miles from St. Louis for instruction. On the 21st it was assigned to the First brigade, Second division, and ordered to Pilot Knob. In October it was consolidated with the Second regiment at Rolla, Mo., and from that time was part of the Second Colorado cavalry.
In 1862 several changes were made in the territorial officers. All of the drafts on the United States treasury, drawn by Governor Gilpin as a military necessity, remained unpaid. Some of the holders of these orders being in need of money sold them to speculators at a heavy discount. They regarded Governor Gilpin as the cause of their financial misfortunes and demanded his removal. In April he was succeeded by John Evans, of Illinois. Secretary Weld gave way to Samuel 11. Elbert, who afterward became a son-in-law of Evans. In June Marshal Townsend was removed and A. C. Hunt appointed to the office ; Allen A. Bradford succeeded S. N. Pettis as associate justice, and Samuel E. Browne became attorney-general.
John Evans, the second territorial governor of Colorado, was born near Waynesvilk, O., March 9, 1814. Until he reached the age of twenty-one he lived on the farm with his parents, attending the district schools as opportunity offered. When he was of age he went to Philadelphia, and after a course at the Clermont Academy began the study of medicine. He graduated in 1836 and commenced the practice of his profession in the towns along the Illinois river. At the end of two years he returned to Ohio, married Hannah Canby, a cousin of General Canby, and settled at Attica, Ind., where he built up a large practice. Becoming interested in the conditon of the insane in Indiana he proposed a tax of one cent on the one hundred dollars on all the property of the state, the proceeds to be used to erect an insane asylum. The proposition was favorably received, the legis- lature passed a law to that effect, and Evans was appointed the first superintendent of the institution. He removed to Indian- apolis and took charge, remaining there until 1845 when he was appointed to a professorship in the Rush Medical college, of Chi-
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