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 39
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'The Rocky Mountain News, in the next day's issue, in a report of the meeting, said: "Colonel Chivington's speech was received with an applause from every pioneer which indicated that they, to a man, heartily approved the course of the colonel twenty years ago, in the famous affair in which many of them took part, and the man who applied the scalpel to the ulcer which bade fair to destroy the life of the new colony, in those critical times, was beyond doubt the hero of the hour."
Colonel Chivington said, in closing his speech : "I say here as I said in my own town, in the Quaker county of Clinton, State of Ohio, one night last week, I stand by Sand Creek." At no time did Colonel Chivington try to excuse himself, or to throw the blame on others, as he might have done, but under all the accusa- tions that were made against him he stood by Sand creek. The general assembly of Colorado gave him a vote of thanks for the way in which he conducted the campaigns against the Indians, and many of the people of the state looked upon him as an avenger of their wrongs and a saviour of their homes.
In July, 1864, a band of guerrillas from Texas, led by Jim Reynolds, made a raid into Colorado and robbed a coach between
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Denver and Buckskin Joe. The express box was broken open, the mail robbed and the coach demolished. W. C. McClellan, the proprietor of the line, was on the box with the driver at the time the assault occurred. He hurried back to Buckskin Joe, organ- ized a posse and started in pursuit. Near the present town of Webster the gang was found encamped in a ravine. At the first fire one was killed and Reynolds severely wounded. The rest fled but were followed by a company of soldiers under Lieutenant Shoup, and two days later all but two were captured. They were taken to Denver and turned over to Colonel Chivington, who ordered Capt. John Cree to escort them, under guard, to Fort Lyon. On the way they tried to escape and were all killed .*
The Indians of the plains renewed hostilities in the spring of 1865, but the war department adopted a different policy from that of the preceding year, and stationed ten thousand troops along the route leading from the Missouri river to Salt lake, for the protec- tion of immigrants and freighters. A boom followed, and during the summer there was a large influx of population, while from fifteen thousand to twenty thousand teams were employed in the overland freight traffic. By autumn the Indians realized that they were conducting a losing warfare, and sued for peace. Octo- ber 14, a treaty was made at a camp on the Little Arkansas river with the Cheyenne and Arapahoe tribes. The Indians agreed to let the government select a reservation for them, clear removed from the white people, and ceded the reservation between the Arkansas and the Big Sandy, established by the treaty of Febru- ary 18, 1861, to the United States. Four days later, at the same place, a treaty was concluded with the Kiowas and Comanches by which the Indian title was extinguished to all part of Colorado lying south and east of the Arkansas and Purgatory rivers. Nearly forty thousand dollars was allowed as indemnity for the losses sustained by the Indians on account of the Sand creek affair, and an annuity of one hundred and twelve thousand dol- lars given to the tribes for forty years, but with the understanding that only one half of it was to be paid until they were on the new reservation. They were afterward removed to the Indian territory leaving the white people in undisputed control of all that part of Colorado lying east of the divide.
Although Governor Evans's administration of territorial affairs was marked by wisdom and patriotism he made opponents, who
*Humor says That Captain free, Thinking It not worth while to treat the guerrilla . as prisoners of war, and destrous of avenging some of the outrages they had committed, ordered them lo stand up In fine and be shot, but the report lacks corroborallon.
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in time came to desire his removal. Complaints were carried to President Johnson, who in October, 1865, requested his resigna- tion and appointed Alexander Cummings to succeed him. Cum- mings had come into political prominence in 1862 as the founder of the New York Daily World. A great many of Governor Evans's friends disapproved of the change and did what they could to oppose the new administration. As a result of this opposition Governor Cummings was never popular with the peo- ple. Soon after the advent of Governor Cummings a general change was made in the territorial officers. Frank Hall, who had been a resident of Colorado since 1860, succeeded Samuel H. Elbert as secretary ; Moses Hallett became chief justice; Will- iam H. Gale and Charles F. Holly, associate justices and George W. Chamberlain, attorney-general.
Another effort was made in the summer of 1865 to form a state government. A second constitutional convention met at Denver, August 8, and after a session of five days adopted a constitution which was submitted to the people on the fifth of September. There was no law authorizing such a proceeding, and only eleven of the seventeen counties were represented in the convention. At the election a very light vote was polled. There were three thou- sand and twenty-five votes cast for the constitution, and two thousand eight hundred and seventy against it. According to the constitution an election for state officers and members of the legislature was held in November. William Gilpin was elected governor; George A. Hinsdale, lieutenant-governor; Josiah II. Gest, secretary of state : Alexander W. Atkins, treasurer ; Rufus K. Frisbee, superintendent of public instruction; U. B. Holloway, attorney-general; William HI. Gorsline, Allen A. Bradford, and J. Bright Smith, justices of the supreme court, and George M. Chilcott, representative to congress. The legislature chosen at this time met at Golden City, on the second Tuesday in December, and elected ex-Gov. John Evans and Jerome B. Chaffee to repre- sent the new state in the United States senate.
January 18, 1866, a bill was introduced in the senate of the United States to admit Colorado into the Union. It was not passed, however, until the latter part of April, and within a week was passed by the lower branch of congress. The friends of statehood felt somewhat encouraged at the prospect, but on May 15 the president returned the bill with the objections that the welfare of the people did not, at that time demand the erection of Colorado into a state ; that the people of the territory were divided
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on the question and that many of them did not desire the change; that the population was not sufficient to justify the passage of the bill; and that the restriction of the elective franchise to the white citizens was out of harmony with the Federal constitution. The bill could not be passed over the veto and the people took up the old territorial regime until such time as a president could be found who would take a more favorable view of the situation. In the light of subsequent events it is quite likely that some of these objections were due to the attitude of Governor Cummings.
Two sessions of the legislature were held in the year 1866. The first, which met at Golden City on New Years day, but adjourned the next day to Denver, passed a bill authorizing the assessors to take a census of the territory. This census, when complete, showed the population to be little below twenty-five thousand, though the ones who were urging the admission of the state claimed from fifty to sixty thousand. When the second session of the year met December 3, Governor Cummings referred to this in his message, and, in further disenssing the question of admis- sion, said :
"During the past year, owing to the action of the different departments of the national Government, the people have been excited on the subject of the admission of Colorado as a state into the Union. It would be idle to attempt to conceal the fact that there are two parties to this issue in the Territory, although a strenuous effort has been made to create the impression abroad that the people were united on the question. But here, where the evidence is readily attainable, it would be equally idle to deny that the party desiring a State goverment forms a very small portion of the population, and is represented by those who seek personal aggrandizement and place, at the expense of the welfare of the Territory."
Whatever may have been the truth of this statement there is no doubt that its utterance, under the conditions just then existing, served to increase the governor's unpopularity. Another act of his a little later still further strained the relations between him and the people. An election for delegate to congress took place in August, and George M. Chilcott, the Republican candidate received three thousand five hundred and twenty-nine votes to three thousand four hundred and twenty-one for A. C. Hunt, who ran as the Democratic and administration candidate. Notwith- standing Chilcott received a majorty of the votes, and was declared elected for the board of canvassers, the governor issued a certifi-
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cate of election to Hunt on various grounds, one that certain ex-Confederate soldiers had voted for Chilcott, though the latter was seated by congress.
January 9, 1867, a bill passed the United States senate, by a vote of twenty-three to cleven, to admit Colorado into the Union. On the 16th it passed the house, by a vote of ninety to forty-one, after the following amendment had been added: "That this act shall not take effect except upon the fundamental condition that within the State of Colorado there shall be no denial of the elective franchise or any other rights to any person by reason of race or color, excepting Indians not taxed; and upon the further funda- mental condition that the Legislature elected under said State con- stitution, by a solemn public act, shall declare the assent of said State to the said fundamental condition, and shall transmit to the President of the United States an authentic copy of said act upon the receipt whereof the President, by proclamation, shall forthwith announce the fact, whereupon said fundamental condition shall be held as a part of the organic law of the State; and thereupon, and . without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as com- plete."
The amendment of the house was concurred in by the senate and on the same day the bill was sent to the president for his approval. Again the bill was vetoed, President Johnson assign- ing as a reason for his action that the proceedings were irregular. An effort was made to pass the bill over the veto, but it failed in the senate by one vote. During the year the population had increased very materially, as was shown by the vote at the August elections when nearly ten thousand votes were cast. The election at that time was for members of a state legislature, according to the provisions of the new constitution, but because of the presi- dent's veto the legislature had no power to pass laws, and was inoperative from the start. In May, 1867, Governor Cummings was succeeded by A. C. Hunt.
Alexander Cameron Hunt, the fourth governor of Colorado, was born in the city of New York, on Christmas day, 1825. When he was nine years of age his father removed to Freeport, Ill., where Alexander received the major part of his education in the district schools of the town. At the age of sixteen he made the trip overland to California, and nine years later returned to Free- port a rich man. He embarked in the grain and commission busi- ness, and in 1856 was elected mayor of Freeport. The panic of 1857 brought reverses and the following year he again started out
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to seek fortune in the West. This time he concluded to try Pike's Peak. With his young wife and child, he crossed the plains with an ox team, and in the fall of 1858 reached Auraria, where he opened a restaurant in a rude cabin without door or window. Finding the business unprofitable he engaged in the lumber trade with better success. In 1860 he was elected presid- ing judge during the vigilance committee trials, and in 1862 was appointed United States marshal for the territory. As governor of Colorado he was ex-officio superintendent of Indian affairs. He adopted a policy that established friendly relations with the different tribes, and brought about the treaty with the Utes by which they were induced to cede their lands to the United States. When he retired from the office of governor he turned his atten- tion to railroad building, and was one of the originators of the Denver and Rio Grande railway system, His wife died in 1880, and he went to Mexico where he afterward became interested in the construction of the International railroad. In 1891 he was stricken with paralysis, while in the city of Chicago, and for nearly three years he lay helpless and speechless. He was taken to Washington, D. C. where he died May 14, 1894, and was buried in the Congressional cemetery.
In spite of the treaty with the Cheyennes and Arapahoes, in October, 1865, they continued their depredations, and the spring of 1867 found them associated with the Sioux in committing petty outrages along the Platte. The troops belonging to the regular army were present in the country in sufficient numbers to prevent any considerable demonstration, but the settlers lived through the earlier part of the year in constant fear of a general outbreak. This had a depressing effect on the industries of the new country, to such an extent that some became discouraged and left the state.
The seventh session of the territorial legislature met at Golden December 2, and organized by electing William W. Webster presi- dent of the council, and C. H. Mclaughlin speaker of the house. After a session of one week at Golden they removed to Denver for the remainder of the term. Aside from the amendment of the Illinois practice code, which had been adopted by one of the early legislatures, very little important legislation was accom- plished by this assembly.
During all the troubles with the Indians of the plains the dif- ferent bands of Ute Indians, inhabiting the region west of the Rocky mountains, had remained neutral, though they rejoiced at the punishment meted out to the Cheyennes and the Arapahoes with whom they had long been at enmity. A treaty was made
0
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COLORADO TERRITORY PRIOR TO 1870.
with the Tabeguache Utes in 1863, and that band was given a reservation in Western Colorado. Some of the other bands grew dissatisfied, because they were not included in the treaty, and in 1863 a council was held with the Utes of Middle Park. Nothing was accomplished, chiefly because of the inferior character of the goods furnished in paying the Tabeguache annuities. In 1868 N. G. Taylor, Kit Carson, and Governor Hunt were appointed commissioners to treat with all the Ute tribes. March 2, of that year, a treaty was made, the Indians agreeing to relinquish all their lands in Colorado, except that part of the territory lying south of the fortieth parallel, and west of the one hundred and seventh meridian, which was to be forever held by them as a reservation, and which was divided among the principal bands as follows: The Yampah, or Bear River, and the Grand River bands were located on the northern part. Their agency was established on White river, and they became generally known as White River Utes. The Uncompahgres and the Tabeguaches . occupied the central portion of the reservation, with their agency at Los Pinos. In the southern part were the Weeminuches, Muaches and Capotes, though no separate agency was established for them until five years later. The government agreed to expend not to exceed sixty thousand dollars a year for the support of the tribes until such time as they should become able to support them- selves. One half of the annuity was to be paid in clothing, blank- ets and utensils, and the remainder in provisions. Ouray, a chief of the Uncompahgre band, was appointed head chief over all the confederated tribes, with a salary of one thousand dollars a year.
July 3, 1868, a council was held, at Fort Bridger, Utah Ter., with the eastern bands of the Shoshone and Bannock Indians. The result of the council was the cession of a large tract of land including that part of Colorado lying north of the Yampah river and west of the North Platte. All the lands in Colorado, except the Ute reservation mentioned, were now in the possession of the United States government, and were opened to white settlers as soon as the treaties were ratified by congress.
In September, 1868, a war party of about seventy-five Cheyennes and Arapahoes, having passes issued by the commanders of Fort Larned and Fort Wallace, crossed Colorado, entered the Ute country by way of the Ute pass, and killed a number of the Indian inhabitants. On their return they stole abont one hundred and twenty hor es in a thinly settled part of the territory, where they thought tiny would be free from pursuit. The aların spread over the country and a company of scouts went after the Indians to
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recover the horses. They were surrounded by the Indians and were on the verge of annihilation when a volunteer company from Denver came to their relief. As the Indians were better mounted than the whites they escaped without difficulty. A few days later another party made a raid on Monument creek, in El Paso county, burned one residence, killed three persons and ran off all the live stock they could collect. This was the last invasion of Colorado by the Indians of the plains, for they were soon afterward removed to their reservation in the Indian territory.
Both political parties nominated candidates in June for delegate to congress. The Republicans selected Allen A. Bradford as their standard bearer, and the Democrats nominated D. D. Belden. The election was very close Bradford receiving four thousand and ninety-two votes, and Belden four thousand and seventy-five. A resolution was adopted by the Republican convention, asking con - gress to admit Colorado on such terms as might be deemed expe- dient. The Democratic convention divided on the question, some opposing admission entirely if negro suffrage was made one of the conditions.
In reorganizing the counties of Pueblo, Huerfano and Las Animas the legislature left a strip of territory outside the bound- aries of any county, and without civil government of any sort. In April, 1869, three negroes, Giles Lidle, Marshall Williams and John Murray, killed a man named Crevier within the limits of this strip. The marshal of the territory arrested them and brought them to trial in the Third judicial district. The judge ruled that no court had jurisdiction over the criminals, although they were amenable to the laws of the territory. They were accordingly taken to jail to await the meeting of the general assembly. The eighth session met at Denver January 3, 1870, and in his message the governor recommended the creation of a new county, or the changing of boundaries to correct the error. Febru- ary II an act was passed establishing the counties of Bent and Greenwood, which rectified the mistake and the criminals were brought to punishment. During the session, which adjourned on the IIth of February, George A. Hinsdale was president of the council, and George W. Miller was speaker of the house. Memorials to congress were adopted asking that lands be parti- tioned for the support of the university, that thirty per cent of the internal revenue collected in the territory be retained for the benefit of territorial institutions, that the abandoned military reservation of Camp Collins be transferred to the territory, and that a military post be established at the confluence of the Blue
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and Grand rivers. An act was passed establishing a board of innmigration commissioners, and J. F. L. Shirmer, J. W. Sher- wood, A. W. Archibald, and D. C. Collier were appointed the first members of the board. During the next year more than fifty thousand pamphlets, setting forth the resources and advan- tages of Colorado were distributed, many of them being sent to Europe.
Meantime President Grant had succeeded Johnson, and in June, 1869, Governor Hunt was removed, and Edward M. McCook was appointed in his place. The only other change made by the new administration was the appointment of Lewis C. Rockwell, United States district attorney.
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CHAPTER III
From McCook to Pitkin
1
E DWARD MOODY McCOOK, fifth, and also seventh gov- ernor of the Territory of Colorado, was born Juno 15, 1835, at the town of Steubenville, O. At the age of sixteen he went to Minnesota and remained there until the excite- ment following the discovery of gold at Pike's Peak took him to Denver, which was then Kansas territory. In 1859 he was elected representative to the Kansas legislature from Arapahoe county. During his term of office Kansas was admitted into the Union as a state, and he went to Washington, where he played a prominent part in securing the organization of Colorado Terri- tory. Immediately after Fort Suinter was fired upon he went to Washington and joined the Kansas legion. The Maryland troops having cut off communication with the North he volunteered to carry General Scott's dispatches, and for this service he was com- missioned second lieutenant in the First cavalry. He was soon afterward promoted to the rank of first lieutenant, and from that time rose rapidly until in 1865 he was brevetted brigadier-general. In 1866 he resigned his command, having in the meantime reached the rank of major-general, to accept the appointment of minister to the Hawaiian islands. Although he had but a com- mon school education, as governor of Colorado he organized the common school system of the territory on a substantial basis. He was the first governor of Colorado to advocate woman suffrage, which was afterward adopted in the state. At one time he was the heaviest taxpayer in Colorado, and was identified with several large enterprises of Denver. Upon the death of Gen. George II. Thomas, Governor McCook was honored with the invitation to deliver the funeral oration.
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In 1870 there was a lively contest for the election of a delegate to congress. The Republicans held a convention, July 13, and nominated Jerome B. Chaffee. Resolutions were adopted endors- ing the administration of President Grant; favoring the encour- agement of immigration, but denouncing the importation of Chinese coolies; and asking aid from the general government in the construction of public works. July 26 the Democrats met and nominated George W. Miller. A long platform was adopted, . the principal features of which were the resolutions denouncing the Indian policy of the national administration and declaring that Indian outrages were permitted to go unpunished; favoring the taxation of United States bonds on the same basis as other forms of property ; and opposing a high protective tariff. At the election Chaffee received six thousand four hundred and fifty votes and Miller five thousand and fifty-eight, this being the largest number of votes ever cast in the territory up to this time.
The census of 1870 showed a population of thirty-nine thousand eight hundred and sixty-four, with property having an assessed value of nearly eighteen million dollars. On June 15 the first railroad locomotive rolled into Denver, and was the signal for great rejoicing. At the close of the year there were about four hundred miles of railroad in operation in the territory, and a num- ber of other lines either under construction or in prospect.
The ninth session of the legislature met at Denver on January 1, 1872, and organized by the election of George M. Chilcott presi- dent of the council, and Alvin Marsh speaker of the house. In the council there were nine Republicans and four Democrats, and in the house sixteen Republicans and ten Democrats. The most important measure passed during the session was one appointing the governor, secretary and chief justice a commission to arrange for the building of a capitol. They were authorized, whenever private donations to the amount of ten thousand dollars were paid in and deposited in bank, to sell the lots set apart for the purpose of providing a building fund, and proceed with the erection of the building. This was the beginning of the magnificent structure which was not completed until many years afterward. Another attempt was made at the session of congress in 1871-72 to have Colorado admitted into the Union as a state, but the bill failed to pass. A strong memorial was sent up by the legislature of 1872, asking for the passage of an enabling act. At the time that legislature wa convened Colorado presented the unusual but gratifying condition of having not a dollar of indebtedness and a surplus of fifty thousand dollars in the treasury. An act was
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