courts of the said Territory, and the respective judges thereof, shall and may grant
writs of habeas corpus in all cases in which the same are grantable by the judges
of the United States in the District of Columbia ; and the first six days of every
term of said courts, or so much thereof as shall be necessary, shall be appropriated
to the trial of causes arising under the said Constitution and laws, and writs of
error and appeals in all such cases shall be made to the supreme court of said Ter-
ritory the same as in other cases. Tlie said clerk shall receive in all such cases
the same fees which the clerks of the district courts of Oregon Territory received for
similar services.
'"Sec. 10. And be it further enacted, That there shall be appointed an attorney
for said Territory, who shall continue in office for four years, unless sooner removed
by the President, and who shall receive the same fees and salary as the attorney
of the United States for the late Territory of Oregon. There shall also be a marshal
for the Territory appointed, who shall hold his office for four years, unless sooner
removed by the President, and who shall execute all processes issuing from the
said courts when exercising their jurisdiction as circuit and district courts of the
United States; he shall perform the duties, be subject to the same regulations and
penalties, and be entitled to the same fees as the marshal of the district court of the
United States for the late Territory of Oregon, and shall, in addition, be paid two
hundred dollars annually as a compensation for extra services.
"Sec. Jl. And be it further enxicted, That the Governor, secretary, chief jus-
tice and associate justices, attornej', and marshal, shall be nominated and, by and
with the advice and consent of the Senate, appointed by the President of the United
States. The Governor and secretary to be appointed as aforesaid shall, before they
act as such, respectively take an oath or affirmation before the district judge or
some justice of the peace in the limits of said Territory duly authorized to admin-
ister oaths and affirmations by the laws now in force therein, or before the Chief
Justice or some associate justice of the Supreme Court of the United States, to sup-
port the Constitution of the United States, and faithfully to discharge the duties
of their respective offices, which said oaths, when so taken, shall be certified by the
person by whom the same shall have been taken : and such certificates shall be re-
ceived and recorded by the secretary among the executive proceedings; and the chief
justice and associate justices, and all other civil officers in said Territory, before
tney act as such, shall take a like oath or affirmation before the said Governor or
secretary, or some judge or justice of the peace of the Territory who may be duly
HISTORY OF COLORADO 325
commissioneil and qualified, which said oath or affirmation shall be certified and
transmitted by the person taking the same to the secretary, to be by him recorded
as aforesaid; and afterwards the like oath or affirmation shall lie taken, certified,
and recorded in such manner and form as may be prescribed by law. The Governor
shall receive an annual salary of fifteen hundred dollars as Governor, and one thou-
sand dollars as superintendent of Indian aflTairs ; the chief justice and associate
justices shall each receive an annual salary of eighteen hundred dollars; the secre-
tary shall receive an annual salary of eighteen hundred dollars. The said salaries
shall be paid quarter-yearly at the Treasury of the United States. The members of
the Legislative Assembly shall be entitled to receive three dollars each per day
during their attendance at the session thereof, and three dollars for every twenty
miles travel in going to and returning from the said sessions, estimated according to
the nearest usually traveled route. There shall be appropriated annually the sum
of one thousand dollars, to be expended by the Governor to defray the contingent
expenses of the Territory. There shall also be appropriated annually a sufficient
sum, to be expended by the secretarj' of the Territory, and upon an estimate to be
made by the Secretary of the Treasury of the United States, to defray the expenses
of the Legislative As.sembly, the printing of the laws, and other incidental expenses;
and the secretary of the Territory shall annually account to the Secretary of the
Treasury of the United States for the manner in which the aforesaid sum shall have
been expended.
"Sec. 12. And be it further enacted, That the Legislative Assembly of the
Territory of Colorado shall hold its first session at such time and place in said Ter-
ritory as the Governor thereof shall appoint and direct ; and at said first session, or
as soon thereafter as they shall deem expedient, the Governor and Legislative As-
sembly shall proceed to locate and establish the seat of government for said Terri-
tory at such place as they may deem eligible; which place, however, shall there-
after be subject to be changed by the said Governor and Legislative Assembly.
"Sec. 13. And be it furtlier enacted, That a Delegate to the House of Repre-
sentatives of the United States, to serve during each Congress of the United States,
may be elected by the voters qualified to elect members of the Legislative Assembly,
who shall be entitled to the same rights and privileges as are exercised and enjoyed
by the Delegates from the several other Territories of the United States to the said
House of Representatives. The first election shall be held at such time and places
and be conducted in such manner as the Governor shall appoint and direct, and at
all subsequent elections the times, places, and manner of holding elections shall be
prescribed by law. The person having the greatest number of votes shall be declared
by the Governor to be duly elected, and a certificate thereof shall be given accord-
ingly.
"Sec. 14. And be it further enacted, That when the land in the said Terri-
tory shall be surveyed, under the direction of [the] Government of the United States,
preparatory to bringing the same into market, sections numbered sixteen and thirty-
six in each township in said Territory shall be, and the same are hereby, reserved
for the purpose of being applied to schools in the States hereafter to be erected out
of the same.
"Sec. 15. And be it further enacted, That temporarily and until otherwise pro-
vided by law, the Governor of said Territory may define the judicial districts of said
Territory, and assign the judges who may be appointed for said Territory to the
several districts, and also appoint the time and places for holding courts in the
several counties or subdivisions in each of said judicial districts by proclamation to
be issued by him; but the Legislative Assembly at their first or any subsequent ses-
sion may organize, alter, or modify such judicial districts, and assign the judges,
and alter the times and places of holding the courts, as to them shall seem proper
and convenient.
"Sec. 16. And be it further enacted, Tliat the Constitution and all laws of the
United States which are not locally inapplicable shall have the same force and effect
within the said Territory of Colorado as elsewhere within the United States.
"See. 17. And 6e it further enacted. That the President of the United States,
by and with the advice and consent of the Senate, shall be, and he is hereby author-
ized to appoint a surveyor general for Colorado, who sliall locate his office at such
3-3G HISTORY OF COLOEADO
place as the Secretary of the Interior shall from time to time direct, and whose
duties, powers, obligations, responsibilities, compensation, and allowance for clerk
hire, office rent, fuel, and incidental expenses, shall be the same as those of New
Mexico, under the direction of the Secretary of the Interior, and such instructions
as he may from time to time deem it advisable to give him."
"Approved, February 28, 1861."
CHAPTER XVI.
THE PKOTISIONAL "TEKRITORY OF JEFFERSON". — INCEPTION OF THE MOVE-
MENT THAT RESULTED IN â– ITS ORGANIZATION. A STATE GOVERNMENT
FIRST PROPOSED. AN ARAPAHOE COUNTY ELECTION. — ELECTION OF
DELEGATES TO A PRELIMINARY CONVENTION. — PROCEEDINGS OF THE
CONVENTION. A STATE CONSTITUTIONAL CONVENTION CALLED. AD-
DRESS TO THE ELECTORS OF THE INTENDED STATE OF JEFFERSON. — ELEC-
TION OF DELEGATES TO THE STATE CONVENTION. ITS MEETING AND
PROCEEDINGS. — TEMPORARY ADJOURNMENT. REASSEMBLING OF THE
CONVENTION. ITS ENLARGED REPRESENTATION. SENTIMENT FAVORING
A TERRITORIAL FORM OF GOVERNMENT. COMPROMISE ON THE QUESTION
OF "state" OR "territory". DECISION TO BE LEFT TO THE PEOPLE.
A STATE CONSTITUTION FRAMED AND A MEMORIAL TO CONGRESS FOR A
TERRITORIAL GOVERNMENT ADOPTED. PROVISIONS OF THE CONSTITU-
TION. FORM OF THE MEMORIAL. DEFEAT OF THE STATE PROPOSITION
BY" THE people's VOTE. MOVEMENT TO ESTABLISH A TERRITORIAL
ORGANIZATION. PROCEEDINGS OF A "MASS CONVENTION" IN AUBARIA
CITY. — CALL FOR A TERRITORIAL CONVENTION. "CIRCULAR LETTER" TO
THE VOTBRS. ELECTION OF A DELEGATE TO CONGRESS AND OF DELE-
GATES TO A TERRITORIAL CONVENTION.— ANOTHER ARAPAHOE COUNTY
ELECTION. — PROCEEDINGS OF THE TERRITORIAL CONVENTION. APPROVAL
OF THE TERRITORIAL CONSTITUTION. ELECTION OF OFFICERS AND MEM-
BERS OF THE LEGISLATIVE ASSEMBLY OF JEFFERSON TERRITORY. — STILL
ANOTHER ARAPAHOE COUNTY ELECTION. INAUGURATION OF THE PRO-
VISIONAL GOVERNMENT. — ITS LEGISLATION. INHERENT WEAKNESS OF
THE ORGANIZATION. — DECLINE AND FALL OF THE HOME-MADE TERRI-
TORY.
The inception of the proposition, to\vard the close of the winter of
1858-59, to organize and establish the provisional "Territory of Jefferson"
was due to anticipated requirements rather than to urgent needs existing
at the time. While the several communities of American settlers in the
Pike's Peak country had been living without any form of organized local
government, there had been neither breaches of the peace nor encroachments
upon the rights of property among them. But it was foreseen that these
extraordinary conditions of frontier life could not survive the advent of
the host of fortune-seekers which, according to reports that had drifted
across the plains, then was preparing in the States to start for the "new
gold-region" early in the coming spring.
Excepting the party of gold-hunters cabined at Red Rock, and the
gathering of French traders and some Americans on the Cache a la Poudre
near the site of the city of Fort Collins, all the settlements that had been
made in the Pike's Peak country by our pioneers were in Arapahoe County
of Kansas Territory; which county, as I have mentioned in a preceding
chapter of this volume, had been formed by the Kansas Legislative Assem-
bly in August, 1855. A. J. Smith, who, at the election held in Auraria
City on November 6, 1858, when Hiram J. Graham was delegated to go to
Washington to promote the political interests of "the people at Pike's
Peak", was chosen to represent them in the Legislative Assembly of Kansas
Territory, had proceeded in due season to the Kansas capital, where he
was recognized and seated by the House of the Assembly as tlie Repre-
sentative from the almost forgotten Arapahoe County.
327
328 HISTOEY OF COLORADO
By an act approved on February 7, 1859, the Kansas Assembly, influ-
enced by the numerous flying rumors about "rich gold-mines" having been
developed "at Pike's Peak", and probably also by the advice and personal
desires of Representative Smith, abolished Arapahoe County and di\ided
its area into five counties, one of vrhieh, that embraced the settlements at
the mouth of Cherry Creek, being designated as "Montana County". How-
ever, those of the Pike's Peakers who were now bent upon having a "sover-
eign" government of their own, and who at this time constituted more than
three-fourths of the population of the settlements, pointed out that the
Kansas Assembly had no authority to organize these counties, because the
Indians still held their title to the country the divisions covered. Therefore
these pioneers were not disposed to recognize the new counties.
The first attempt to establish local civil government in the moun-
tain-end of Kansas was made late in ilarch, 1859, by a faction which then
favored adherence to that Territory. On the 28th day of that month, an
election, in which only a small numl3er of voters participated and of whom
some were newcomers, was held for a full complement of county officers
for "Arapahoe County, Kansas Territory", which the Kansas Assemblv
had abolished and succeeded by the five counties provided for by the recent
"law". So the legality of this election and the authority of the elected
county officers to exercise the functions of their offices were denied and
repudiated by the great body of the people, some holding that the old
Arapahoe County had ceased to exist, while others, who had a better under-
standing of the situation, soundly insisted that that county never had legal
existence, and that no county lawfully could be established in the far-
western parts of Kansas until after the Indians' title to the land had been
acquired by the United States by treaty with them.
It had become known in the CheiTy Creek towns, late in Febiniary of
that year, that in all probability the Tliirty-fifth Congress would end its
career without having provided a Territorial government for the "people
at Pike's Peak"; and it was now known definitely that thousands of men
from the States soon would be upon their way across the plains to the
"new gold-diggings". To meet and deal with the conditions that would
follow the incoming of this multitude, hungry for gold, and which inevit-
ably would include in its ranks many "undesirable citizens" — outlaws,
thieves,' swindlers, gamblers, and other human parasites, such as had hur-
ried to California ten years before — there must be some form of organized
government superior to anything that was possible under the feeble juris-
diction of Kansas Territory. Moreover, there were among our pioneers of
that time some very capable politicians, who were inspired by a laudable
ambition to be founders of a new Commonwealth.
The form of the required organization, whether it should be that of a
Territory or that of a State, at once became the subject of much discussion
in the several Pike's Peak communities, and especially in the "cities" at
the mouth of Cherry Creek. But before the close of March, general public
sentiment had crystallized in favor of a State government, with authority
over a much greater area than that of the Kansas Arapahoe Coimty. It
was believed that a State government, duly organized and in actual and
successful operation, would be recognized by Congress early in the next
session of that body and admitted into the Union immediately. Our
pioneer Pike's Peakers were not men of narrow political views.
HISTOEY OF COLORADO 329
It would seem that the first definite step in the proceedings to organize
the contemplated State should have been taken in the twin "cities" at the
mouth of Chern- Creek — the "center of population". But it was not so.
The movement was initiated at Fountain City, the embryo of our city of
Pueblo, where a Statehood meeting was held on April 7th. The following
report of what was done by that gathering appeared in the first issue
(April 83, 1859,) of the Rochy Mountain News:
"The citizens of Fountain City precinct, without distinction of party, unani-
mously declared in favor of a new State, at a large meeting on the 7th of April ; J.
M. Shafer, Pres. ; F. F. Brune, Sec. Speeches were made by Henry McCoy and J.
M. Shafer, advocating an entire separation from Kansas Territory, and in favor
of taking immediate steps toward forming a new State out of a portion of Kansas,
Nebraska, Utah and New Mexico. The following delegates were appointed to attend
a convention at Auraria City: Henry McCoy, Hickory Rogers, Anthony C. Thomas,
George McDougal, J. M. Shafer, S. W. Wagoner."
The language of this report seems to imply that there had been a
previous proposition from some quarter to hold a convention at Auraria
City to organize a State government. But I could find no record of it. A
meeting similar to that at Fountain City was held in the Cherry Creek
towns four days later. The "official" minutes of the proceedings of this
assemblage also appeared in the first issue of the News, and were as
follows :
"Public Meeting."
"At a meeting of the citizens of Auraria and Denver City held at Wooton's
Hall on the evening of the 11th inst. [April], on motion of L. J. Winchester, Dr.
L. J. Russell was called to the chair, and Andrew Sagendorf appointed Secretary;
when the object of the meeting was stated by H. McCoy, Esq., followed by Gen.
Larimer in a few general remarks. Mr. Collier introduced the following resolution:
" 'Resolved, That on account of our distance from, and difficulty of communi-
cating with, the proper authorities, we the people who are the power here, authorize
the late county officers-elect to enter at once upon the discharge of their respective
duties, without waiting for their commissions from the Governor [of Kansas Terri-
tory], after having received their certificates of election from the Commissioners
and having given the proper bonds.'
"Gen. Larimer, Hon. Wm. Clancy, Judge Wagoner and others spoke at length
in favor of the resolution, and were opposed by Hon. Henry Allen. Tlie resolution
was lost. On motion of E. P. Stout, Esq., it was —
" 'Resolicd, That the different precincts be requested to appoint delegates to
meet in convention on the 1.5th inst. to take into consideration the propriety of
organizing a new State or Territory.' \Miich was carried unanimously. On motion
adjourned."
"A. Sagendorf, Secretary." L. J. Russell, Pres."
The "county officers-elect", referred to in the first of these resolutions,
were those who had been chosen on March 28th, in which election seven
"precincts" had participated.
In compliance with the request contained in Mr. Stout's resolution, a
meeting of the citizens of Auraria City was held on April 14th to appoint
delegates to the proposed convention. The following report of its proceed-
ings was printed in the first issue of the News:
"Auraria, K. T., April 14."
"Pursuant to a call, a numljer of the citizens of Auraria, K. T., met in the
atore-room of R. L. Wooton. Henry Allen was called to the chair, and stated that
the object of the meeting was to appoint delegates to attend a convention to be held
in Auraria on the 15th inst. to take into consideration the project of organizing a
new State. W. D. McLain was called upon to act as Secretary of the meeting. On
330 HISTOEY OF COLOEADO
motion it was voted that the Chairman should appoint a committee of three to
nominate six persons to act as delegates to the convention. The chair appointed R.
L. Wooton, Thomas Pollock, and D. D. Cook. After a short absence the committee
reported the following names of those to act as delegates : H. Allen, L. J. Russell,
D. D. Cook, W. 11. Slaughter, W. D. JIcLain, and Tliomas Pollock. On motion it
was voted that the report be accepted and the committee discharged.
"On motion it was voted that the persons suggested by the committee be ap-
pointed to acts as delegates. Mr. White then offered the following resolution:
" 'Resolved, That the delegates be instructed to act in the convention with a
view to forming a State government, and that they should let no sectional influences
Bway them in their deliberations.'
"The resolution was adopted and on motion it was voted that the minutes of
this meeting be published in the Cherry Creek papers.
"Minutes read and approved.
"On motion the meeting adjourned."
"W. D. McLain, Secretary." "H. Allen, President."
At that time there were no '"Cherry Creek papers". Jlerrick had
reached Auraria, with his outfit for printing a small newspaper, on the day
before. The publishers of the Bocky Mountain News had not vet put in
their appearance, but the Aurarians had had tidings of their advance across
the plains and of their prospective early arrival at Cherry Creek.
Meetings to choose delegates to the convention were held in Denver
Citj-, Arapahoe, and El Dorado and El Paso on the same day, but the
minutes of these primaries are lost. Fountain City held none, as the action
there on April 7th still stood good. Xot all of the delegates chosen at the
"country primaries" were residents of the "precincts"' they were to repre-
sent, some of them being citizens of the metropoles at the mouth of Cherry
Creek. It appears that these drafted representatives had visited the "out-
Ijdng precincts" to arouse enthusiasm for the proposed new State, and were
prevailed upon to serve them as delegates.
The convention assembled in Auraria City on the appointed day, in
"Wootoon's Hall" — the second story of E. L. Wooton"s '"business block",
wherein the News was established a few days later. The following full
report of the convention's proceedings was published in the historic first
issue of that newspaper :
"The necessity of forming some government that will be a means of procuring
safety to the large emigration now flowing to this country, having impressed itself
fully upon tlie minds of the people, a convention was called to meet at Auraria on
the fifteenth day of April to take into consideration and decide upon the course to
be pursued.
"On motion Gen. Larimer was temporarily called to the chair, and Mr. Henry
McCoy appointed Secretary.
"On motion a committee was then raised to examine credentials and report a
list of delegates. Committee reported as follows :
"Fountain City — Henry McCoy, George McDougal, H. Rogers, J. M. Shafer, A.
Thomas, S. W. Waggoner.
"Eldorado and El Passo — J. Hinman, L. .J. Winchester, Tlios. Warren, C. Gil-
mer, G. W. Putnam, T. Edwards.
"Arapahoe — Messrs. Fisk, Castro, Pollock, Cook, Cochran and Davidson.
"Auraria— Henry Allen, W. M. Slaughter, L. J. Russell, D. D. Cook, W. D.
McLain, Thomas Pollock.
"Denver City— H. P. A. Smith, J. T. Lowrie, C. H. Blake, J. Merrick, Wm.
Larimer, Jr. ; Wm. Clancy.
"On motion a committee of one from each precinct was appointed to select
permanent officers for the convention, and the following officers were selected and
unanimouslv elected :
HISTOEY OF COLORADO 331
"President, Hon. S. W. Waggoner.
"V. P. — ^Messrs. Larimer, McDougal, Cook, Gilmer, and Pollock.
"Secretaries — Jlessrs. Merrick, Shafer, Warren, Blake, Hinman, and Fisk.
"The rules of Jefferson's Manual were adopted for the government of the meet-
ing.
"The convention was then addressed at length and a full discussion of the
important points before them had by Messrs. Henrj' Allen, Wni. Larimer, Jr. ; H.
McCoy, and H. P. A. Smith, and on motion of ilr. Smith the following resolution
was unanimously adopted:
" 'Resolved. That the discussions of this convention shall have but one object,
Tiz: the formation of a new and independent State of the Union.'
"A committee of two from each precinct was then raised to report the order
of business and resolutions for the consideration of the convention, of which [com-
mittee] Henry Allen was chairman, and the convention adjourned to meet at "
o'clock P. M."
"At 7 P. M. the convention met and the following resolutions reported by the
committee were read and after some few amendments passed unanimously:
" 'The delegates from the precincts of Denver City, Auraria, Arapahoe, Foun-
tain City, El Dorado and El Paso, of the County of Arapahoe, Kansas Territory,
in convention assembled in the town of Auraria, the 15th day of April, 1859, do
adopt the following preamble and resolutions, viz. :
" 'Whereas, A very large number of the citizens of the United States having
in a very short time been brought together at this remote point of the Union,
induced by the recent discovery of rich gold mines in this locality, and the good
prospects of success held out here to the farmer, mechanic ; trader and professional
man ; and being vividly impressed by our recent journey hither over the plains with
the great distance our heterogeneous and active population is removed from any seat
of government, either territorial or state, of the United States, where our wants
could be made known, our civil and religious rights protected and our wrongs re-
dressed: having already experienced the evils of such remoteness from government
adequate to the duty of trying and punishing crime ; and being fully impressed â– with
the belief, from early and recent precedents, of the power and benefits and duty of