part of Colorado which had been detached from Xew Mexico legally and
actually was slave soil, under a law enacted by tlie Legislative Assembly of
that Territory in 1859. A few slaves were brought into Colorado from the
States in 1861.

There has been much discussion in our State as to who first suggested
"Colorado"' as a name for our division of the Union, and which Senator
Gwin thought to be "the handsomest name that could lae given to any Ter-
ritor;^ or State". Each of several men have claimed the honor. But it is
in Senator Green's bill, reported in April, I860, that we find the first record
of the use of the word as a name for a Territory of the United States. In a
letter received by the present writer several years ago from Mr. Beverly
D. AVilliams, now deceased, but who at that time was living in the city
of Little Eock, Arkansas, the pioneer "Delegate from Jefferson Territory"
said that he suggested the name to Senator Green before the latter's bill had
been drafted. It is quite probable tliat j\Ir. Williams' memory was serving
him faithfully. Major William Gilpin was prominent among those who
took credit for having proposed it. Tlie distinction has teen very generally
accorded to Senator Henry Wilson ; but, as w-e have seen, he was merely
instrumental, at the request of the delegate from the Pike's Peak country
(probably Mr. Williams), in restoring the name to Senator Green's bill
after both "Jefferson" and "Idaho" successively had been substituted for it.
The word is a Spanish adjective, meaning "florid", "ruddy," and, by exten-



HISTORY OF COLORADO dl»

sion, rather a deep reddisli-brown. The name was bestowed upon the Colo-
rado Eiver because of the discoloration of its water in times of freshets by
silt from the reddish rocks of the region it drains. The word is used by
makers of cigars to denote an intermediate color-grade of their products,
between "Claro" — a light brown, and "Maduro" — darkish, or vero-inE;- upon
black.

A great variety of names for the Territory other than those proposed
in Congress had been suggested to the Territorial Committees by citizens
of the Pike's Peak country and others. These were "Arapahoe", "Lula"
(said to mean "Mountain Fairy"), "Montana", "Nemara", "San Juan",
"Yampa"', "Wapola", "Lafayette", "Columbus", and "Franklin". Still
others were suggested, by another outsider. In a letter written on January
T, 1859, by James K. Snowden, Director of the United States Mint, to Dele-
gate H. J. Graham, at Washington, the former, after reporting to Mr. Gra-
ham the result of the assay of some "gold grains" which the delegate had
placed in his hands, went on to say :

"Having thus given the inforniatiun asked for, I beg leave to make a single
remark. If gold is to be found in the region of the Park mountains and the branches
of the Platte in the quantity _your remarks would lead us to expect, it is veiy evident
that a large and enterprising population will soon find their way thither, and hence
in a few years the name 'Colona', which has been suggested for that country [by
Mr. Colfax's bill of January 0, 18.">9], will become strikingly misappropriate. May I
venture to suggest that some name peculiar to that region be selected? as, for exam-
ple, 'Arapahoe', or 'Cheyenne'; or 'Platte', or 'Kioway'. If it were not that I
prefer any name that will serve to keep in remembrance the aboriginal inhabitants
of that counti-y, I would even recommend 'The Parks', 'Pike's Peak', or 'Long's Peak'
as more appropriate and desirable than a name which has no local interest, and
only expresses a condition of dependence. When it would become a State it would
cease to be a Coloiiia."

But, by a happy circumstance, the more appropriate of all was given
the new Territory in the organic act. There were some objections to "Jef-
ferson" tecause it was the name of a man. It was said that, aside from the
name of the first President, that of no man should he attached to anv sub-
division of the Xation. But, notwithstanding the inherent weakness and
recognized impotency of "Jefferson Territory", its name had a strong hold
upon the sentiments of its people, was in common use, and doubtless was
preferred at the time by a large majority of the Pike's Peak population.
However, as they were at last to have a duly constituted government, the
people were not disposed to find fault with the name under which it was
to operate.

President Buchanan might have appointed the executive and judicial
officers for the new Territory had he chosen so to do. But he left their
selection to his successor. On March 22d (1861), President Lincoln sent
a message to the Senate, which was then in special session, in which he
nominated for Governor, Major William Gilpin, of Missouri; for Secretary,
Lewis L. Weld, of Colorado; for Attorney-General, William L. Stoughton,
of Illinois; for Surveyor-General, Francis M. Case, of Ohio; for Marshal,
Copeland Townsend, of Colorado; for Judges of the Supreme Court, B. F.
Hall, of New York; S. N. Pettis, of Pennsylvania; and Charles L. Armour,
of Ohio. The Senate confinned these nominations immediately. Some
eight months later (November 7, 1861), Governor Gilpin completed the
executive machinery of the Territory by appointing James P. Benson, Treas-



320 HISTORY OF COLORADO

urer; William W. DeLano, Auditor; and William J. Curtice, Superiutendeut
of Schools.

It will be observed that but two of the President's appointees were citi-
zens of Colorado — a number equalled by that of the Ohio men in the list.
There was a strong local sentiment, which was supported by several men
prominent at Washington, in favor of having the Denver City pioneer. Gen-
eral William Larimer, Jr., appointed Governor; but it was unable to over-
come the influences that were brought to bear in behalf of Major Gilpin.

Although Colorado Territory nominally became a political sub-division
of the Nation by the proceedings at Washin^e^ton in February and March,
its government was not made an actuality until the beginning of the autumn
of that year. Governor Gilpin did not reach the Territory's capital until
May 27th; the other non-resident appointees following him soon afterward.
The Governor's arrival at Denver thus was noted in the issue of the Daihi
Rocky Mouniain News, of that date :

"Col. Gilpin, Gov. of this Territory, arrived from tlie States by this afternoon's
Express coach. We believe the citizens of Colorado, of all sections and parties, will
extend to this well-known pioneer and friend of this country a cordial and unani-
mous welcome. He has written and spoken respecting this section of the Great
West for many years, and. to no small extent, developed and controlled an interest
in the States respecting these Eocky Mountains, which does now. and hereafter
will continue, to benefit and magnify our Territory.

"Let the committees of our penjjle, appointed some weeks ago. now conclude
the arrangements to give the Governor a warm, sensible, hospitable and high-toned
reception."

The reception took place in the evening of that day, in front cf one of
Denver's pioneer hotels, the Tremont House, which building is still stand-
ing, on the westward side of Twelfth Street, where Blake Street joins that
thoroughfare. The "exercises" consisted of speeches of welcome, a response
thereto, introductions, music, and much cheering.

During the month of June, Governor Gilpin ^nsited nearly every settled
part of liis domain, to become acquainted with its people and to see for
himself the progress that had been made ; and on July 8th he was formally
inaugurated.

On July 10th, the Governor aunounced by proclamation that by virtue
of the authority vested in him he had divided the Territory into three judi-
cial districts, and that the District Court of the First District should be held
at Denver City; that of the Second at Central City; and that of the Third
at Canon City. On July 11th, he proclaimed that he had divided the Ter-
ritory, for legislative purposes, into nine council districts (the equivalents
of senatorial districts in a State), and thirteen representative districts; and
appointed Monday, August 19th, as the day for Jiolding an election ho choose
a Delegate in Congress and members of the two houses of the Territorial
Legislature. Another proclamation, on July 22d, appointed a term of
the Supreme Court of the Territory, for the First Judicial District, to begin
at Denver City on the first Monday in September; and a term for the
Second District, to begin at Central City on the third Monday in that
month. James E. Dalliba, of Denver, had been appointed Attorney-General
of Colorado, by President Lincoln, on August 18th, in place of William L.
Stoughton.

At the election on August 19th, the only vote which was general
tltroughout the Territory was that for a Delegate in Congress, for which



HISTORY OF COLORADO 331

position tliere were two candidates — Beverly D. Williams, the "Delegate
from Jefferson Territoi7", and Hiram P. Bennet, both of Denver City. Of
the 9,597 ballots cast, 6,703 were for Mr. Bennet (who, at the time of this
wi-iting, is still living in Denver), 2,892 for Mr. Williams, and 2 "scatter-
ing". As the outbreak of the Civil War had caused many citizens of the
Territory to return to their former homes, the total number of votes cast
for these candidates was much smaller than it would have been had the
election occurred three or four months earlier. However, it seems far short
of what it should have been for the population that remained, if the census,
required to be taken by section 4 of the organic act, and which had been
completed by the middle of July, were trustworthy. According to that
enumeration, the Territory contained, exclusive of Indians, 25,331 people^
18,136 "white males over 21", 2,622 "white males under 21", 4,484
"females", and 89 negToes.

At the district elections the following-named persons were chosen for
the Territorial Legislative Assembly : Members of the Council — Dr. E. A.
Arnold, A. U. Colby, John M. Francisco, Hiram J. Graham, C. W. Mather,
H. F. Parker, Samuel M. Robbins, Amos Steck, and R. B. Willis. Repre-
sentatives—Jesus M. Barela, Jerome B. Chaffee, George M. Chileott, George
F. Crocker, Jose Victor Garcia, Charles F. Holly, J. H. Noteware, William
A. Rankin, Edwin Scudder, Daniel Steele, 0. A. Whittemore, E. S. Wilhite,
and Daniel Witter.

The Supreme Court of the TeiTitory had been organized, and rules and
regulations for practice therein adopted, on July 10th. The first term of
a District Court was opened in Denver City, pursuant to the Governor's
proclamation on the subject, on September 2d, "at the new Court rooms on
Fifth Street". But no business was done until the next day, when a grand
jury was impanelled.

A week later (on September 9th), the first Legislative Assembly of the
Territory met in Denver City. Xo organization was effected until the fol-
lowing day, when Dr. E. A. Arnold was elected President of the Council,
and Charles F. Holly Speaker of the House. Governor Gilpin then trans-
mitted to the new body of lawmakers a long and excellent message.

Of "Our Legislative Halls", the issue of the Rocky Mountain News of
September 10th had the following to say :

"Tlie places prepared for the two branches of our Legislature are convenient
and comfortable. The Council chamber is in the building directly opposite the
Broadwell House, on Larimer street [southeast corner of Larimer and Sixteenth
streets] ; and the House of Representatives, in the new building adjoining the Post
Office. Both are well fitted up for the convenience of members, and the lobby is
provided with seats capable of accommodating an hundred or more spectators."

So, within about three years from the beginning of the permanent
American settlement of the Pike's Peak country, the lawfully-constituted
government of this new division of United States territory went into oper-
ation.



"An Act to Provide a Temporary Government for the Territory of Colorado."
"Be it enacted hy the Senate and House of Representatives of the United
States of America in Congress assemhled. That all that part of the territory of the
United States included within the following limits, viz: commencing on the thirty-
seventh parallel of north latitude where the twenty-fifth meridian of longitude west
from Washington crosses the same ; thence north on said meridian to the forty-first

Vol, 1—21



323 HISTOEY OF COLOEADO

parallel of north latitude : thence west along said parallel west to the thirty-second
meridian of longitude west from Washington ; thence south on said meridian to the
northern line of New Mexico; thence along the thirty-seventh parallel of north
latitude to the place of beginning, be, and the same is hereby, erected into a tempo-
rary government by the name of the Territory of Colorado: Provided, That nothing
in this act contained shall be construed to impair the rights of person or property
now pertaining to the Indians in said Territory, so long as such rights shall remain
unextinguished by treaty between the United States and such Indians, or to include
any territory which, by treaty with any Indian tribe, is not. without the consent of
said tribe, to be included within the territorial limits or jurisdiction of any State
or Territory; but all such territory shall be excepted out of the boundaries and con-
stitute no part of the Territory of Colorado until said tribe shall signify their assent
to the President of the United States to be included within the said Territory, or to
affect the authority of the Government of the United States to make any regulations
respecting such Indians, their lands, property, or other rights, by treaty, law or
otherwise, which it would have been competent for the Government to make if this
act had never passed: Provided further, Tliat nothing in this act contained shall be
construed to inhibit the Government of the United States from dividing said Terri-
tory into two or more Territories, in such manner and at such times as Congress
shall deem convenient and proper, or from attaching any portion thereof to any
other Territory or State.

"Sec. 2. And be it further enacted, That the executive power and authority in
and over said Territory of Colorado shall be vested in a Governor, who sliall hold his
office for four years, and until his successor shall Ije appointed and qualified, unless
sooner removed by the President of the United States. Tlie Governor shall reside
within said Territory, shall be commander-in-chief of the militia thereof, shall per-
form the duties and receive the emoluments of superintendent of Indian affairs, and
shall approve all laws passed by the Legislative Assembly before they shall take
effect; he may grant pardons for offenses against the laws of said Territory, and
reprieves for offenses against the laws of the United States, until the decision of the
President can be made known thereon: he shall commission all officers under the
laws of said Territory, and shall take care that the laws be faithfully executed.

"Sec. .3. And be it further enacted, Tliat there shall be a secretary of said
Territory, who shall reside therein, and hold his office for four years, unless sooner
removed by the President of the United States ; he shall record and preserve all the
laws and proceedings of the Legislative Assembly hereinafter constituted, and all the
acts and proceedings of the Governor in his executive department: he shall transmit
one copy of the laws and one copy of the executive proceedings, on or before the first
day of December in each year, to the President of the United States, and, at the
same time, two copies of the laws to the Speaker of the House of Representatives and
the President of the Senate for the use of Congress. And in case of the death,
removal, or resignation, or other necessary absence of the Governor of the Territory,
the secretary shall have, and he is hereby authorized and required to execute and
perform all the powers and duties of the Governor during such vacancy or necessary
absence, or until another Governor shall be duly appointed to fill such vacancy.

"Sec. 4. And be it further enacted. That the legislative power and authority
of said Territory shall be vested in the Governor and a Legislative Assembly. The
Legislative Assembly shall consist of a council and house of representatives. Tlie
council shall consist of nine members, which m.ay be increased to thirteen, having
the qualifications of voters as hereinafter prescribed, whose term of service shall
continue two years. The house of representatives shall consist of thirteen members,
which may be increased to twenty-six, possessing the same qualifications as pre-
scribed for members of the council, and whose term of service shall continue one year.
An apportionment shall be made, as nearly equal as practicable, among the several
counties or districts, for the election of the council and house of representatives,
giving to each section of the Territory representation in the ratio of its population
(Indians excepted) as nearly as may be: and the members of the council and of the
house of representatives shall reside in, and be inhabitants of, the district for which
they may be elected, respectively. Previous to the first election the Governor shall
cause a census or enumeration of the inhabitants of the several and districts of the
Territory to be taken; and the first election shall be held at such time and places



HISTORY OF COLORADO 833

and be conducted in such manner as the Governor shall appoint and direct; and
he shall, at the same time, declare the number of the members of the council and
house of representatives to which each of the coimties or districts shall be entitled
under this act. The number of persons authorized to be elected, having the highest
number of votes in each of said council districts for members of the council, shall
be decla red by the Governor to be duly elected to the council ; and the person or
persons authorized to be elected having the greatest number of votes for the house
of representatives, equal to the number to vphieh each county or district shall be
entitled, shall be declared by the Governor to be elected members of the house of
representatives: Provided, That in case of a tie between two or more persons voted
for the Governor shall order a new election to supply the vacancy made by such tie.
And the persons thus elected to the Legislative Assembly shall meet at such place
and on such day as the Governor shall appoint; but thereafter the time, place, and
manner of holding and conducting all elections by the people, and the apportioning
the representation in the several counties or districts to the council and house of
the first election, and shall be eligible to any office within the said Territory ; but the
representatives, according to the population, shall be prescribed by law, as well as
the day of the commencement of the regular sessions of the Legislative Assembly:
Provided, Tliat no one session shall exceed the terra of forty days, except the first,
which may be extended to sixty days, but no longer.

"Sec. 5. And be it further enacted. That every free white male citizen of the
United States above the age of twenty-one years, who shall have been a resident of
said Territory at the time of the passage of this act, including those recognized as
citizens by the treaty with the Republic of Mexico, concluded February two, eighteen
hundred and forty-eight, and the treaty negotiated with the same country on the thir-
teenth day of December, eighteen hundred and fifty-three, shall be entitled to vote at
qualifications of voters and of holding office at all subsequent elections shall be such
as shall be prescribed by the Legislative Assembly.

"See. 6. And be it further enacted. That the legislative power of the Terri-
tory shall extend to all rightful subjects of legislation consistent with the Constitu-
tion of the United States and the provisions of the [this] act; but no law shall be
passed interfering with the primary disposal of the soil; no tax shall be imposed
upon the property of the United States; nor shall the lands or other property of
non-residents be taxed higher than the lands or other property of residents; nor
shall any law be passed Impairing the rights of private property; nor shall any
discrimination be made in taxing diff'erent kinds of property; but all property sub-
ject to taxation shall be in proportion to the value of the property taxed.

"Sec. 7. And be it further enacted. That all township, district, and county
officers, not herein otherwise provided for, shall be appointed or elected, as the case
may be, in such manner as shall be provided by the Governor and Legislative As-
sembly of the Territory. The Governor shall nominate and, by and with the advice
and consent of the Legislative council, appoint all officers not herein otherwise pro-
vided for ; and in the first instance the Governor alone may appoint all said officers,
who shall hold their offices until the end of the first session of the Legislative Assem-
bly, and shall lay off the necessary districts for members of the council and house of
representatives, and all other officers.

"Sec. 8. And be it further enacted, That no member of the Legisla.tive Assem-
bly shall hold or be appointed to any office which shall have been created, or the
salary or emoluments of which shall have been increased, while he was a member,
during the term for which he was elected, and for one year after the expiration of
such term; and no person holding a commission or appointment under the United
States, except postmasters, shall be a member of the Legislative Assembly, or shall
hold any office under the government of said Territory.

"Sec. 9. And be it further enacted, That the judical power of said Territory
shall be vested in a supreme court, district courts, probate courts, and in justices
of the peace. The supreme court shall consist of a chief justice and two associate
justices, any two of whom shall constitute a quorum, and who shall hold a term at
the seat of government of said Territory annually; and they shall hold their offices
during the period of four years." The said Territory shall be divided into three
judicial districts, and a district court shall be held in each of said districts by one
of the justices of the supreme court at such time and place as may be prescribed



32i HISTOEY OF COLOEADO

by law: and the said Judges sliall, after their appointments, respectively, reside in
the districts which shall be assigned them. The jurisdiction of the several courts
herein provided for, both appellate and original, and that of the probate courts and
of the justices of the peace, shall be as limited by law: Provided, That justices of
the peace and probate courts shall not have jurisdiction of any matter in contro-
versy when the title and boundaries of land may be in dispute, or where the debt
or sum claimed shall exceed one hundred dollars ; and the said supreme and district
courts, respectively, shall possess chancery as well as common law jurisdiction; and
authority for redress of all wrongs committed against the Constitution or laws of
the United States, or of the Territorj-, affecting persons or property. Each district
court or the judge thereof shall appoint its clerk, who shall also be the register in
chancery, and shall keep his otiice at the place \\'here the court may be held. Writs
of error, bills of exceptions, and appeals, shall be allowed in all cases from the final
decisions of said district courts to the supreme court, under such regulations as may
be prescribed by law; but in no case removed to the supreme court shall trial by
jurj' be allowed in said court. The supreme court, or the justices thereof, shall ap-
point its own clerk; and every clerk shall hold his office at the pleasure of the
court for which he shall have been appointed. Writs of error and appeals from the
final decisions of said supreme court shall be allowed, and may be taken to the
Supreme Court of the United States, in the same manner and under the same regu-
lations as from the circuit courts of the United States, where the value of the
property or the amount in controversy, to be ascertained by the oath or affirmation
of either party, or other competent witness, shall exceed one thousand dollars ; and
each of the said district courts shall have and exercise the same jurisdiction, in all
cases arising under the Constitution and laws of the United States, as is vested in
the circuit and district courts of the United States; and the said supreme and district