their financial burdens the heavier expense of a State form of government.
Yet those who favored such a change continued to advocate it, and began to
prepare for another trial at Washington when the Thirty-eighth Congress
should meet in its first session, in December (1863). By the elections
for members of Congress in the previous autumn the dominant party's
470 HISTOEY OF COLORADO
strength in that body had been seriously impaired, and its leaders appre-
ciated the importance of resorting to ways and means that would produce
additional Senators and Representatives of their partisan faith.
Shortly after the beginning of the first session of that Congress, State-
hood bills for Nebraska, Nevada, and Colorado made their appearance
in the House; the Colorado bill having been introduced on December 1-ith
by Representative Ashley, who had been reappointed Chairman of the House
Committee on Territories. After their first and second readings the bills
were referred to the Committee on Territories, which, on the 22d, reported
back those for Nevada and Colorado. These were ordered to be printed
and recommitted to that committee ; with which action their history ended.
On February 8, 1864, Senator James E. Doolittle, of Wisconsin, intro-
duced into the Senate a pair of bills to enable the people of Colorado and
Nevada to form constitutions and State governments. After the usual
routine readings these were referred to the Senate Committee on Terri-
tories, by which they were reported back, on February 16th, without amend-
ment. The two were taken up and passed by the Senate on the 24th,
without debate or roll-call, and unchanged excepting the adoption of a
clarifying amendment relating to the grants of land to be made to Colorado.
Action upon these bills by the House was delayed until March 17th,
on which day both were passed by that body, together with the House bill
for Nebraska. Under the restrictions imposed by Ashley's application
of the "previous question", the Nevada measure went through without de-
bate; but he permitted some discussion of the Colorado proposal. Repre-
sentative George H. Pendleton, of Ohio, wanted the latter referred to the
Committee of the Whole House on the State of the Union, but Chairman
Ashley could "not consent to send the bill to the toombs in that way."
Representative S. S. Cox, of Ohio, desired to amend it so as to require the
proposed State to have a population equal to the ratio for one Representa-
tive before the provisions of the act should become effective. Ashley met
this with the statement that he understood that Colorado, as well as Nevada
and Nebraska, had a population greater than that of Oregon when the latter
was admitted into the Union. Notwithstanding that President Lincoln's
"emancipation proclamation" had been issued more than a year before, the
bills for Colorado and Nevada stipulated that the constitutional convention
of each "shall provide by an ordinance, irrevocable without the consent of
the LTnited States and the people of said State, that there shall be neither
slavery nor involuntary servitude in the said State, otherwise than in pun-
ishment of crimes, whereof the party shall have been duly convicted"' ; and
the Nebraska bill carried the same inhibition, but expressed in fewer words.
Representative Robert Mallory, of Kentucky, proposed to amend the Colo-
rado bill by striking out the anti-slavery clause. Ashley consented to a
vote on this, but refused the same favor to Cox's proposition. After rejec-
tion of Mallorys amendment by a vote of 86 to 17, the bill was passed
without roll-call. Immediately thereafter the House bill for Nebraska also
went through, and in the next month received the Senate's concurrence.
The measures for Colorado and Nevada were approved by the President on
March 31st, and the act for Nebraska on April 10th. However, Nevada was
the only one of the three that became a State in consequence of this legis-
lation.
The adoption of Cox's amendment long would have postponed State-
HISTORY OF COLORADO 471
hood for Colorado under the enabling act, as the Territory had not at that
time one-fifth of the required population ; and even at the end of that dec-
ade had less than one-third. As to the number of Colorado's people, gross
misrepresentations were made in Washington in the winter of 1863-64, the
more common "estimate" thereof was put into circulation in the National
Capital at that time making it "between forty-five and sixty thousand".
Notwithstanding the obvious unpreparedness of the Territory for the pro-
posed change, and also regardless of the views of a majority of the people,
the Third Legislative Assembly formally indorsed the movement for State-
hood. In a Joint resolution, that was approved by Acting Governor Elbert
on March 10, 1864, the Assembly expressed its opinions on the subject as
follows :
""O'liereas, We, the Legislative Assembly of Colorado Territorr, believing it to be
the desire and for the interest of the people of this Territory to become a
State under the provisions of an Enabling act, and,
"Whereas, We believe it to he the true poliey of our government to foster and
encourage the development of this Territory, it being a portion of the great
West, which is now fully demonstrated to be rich in mineral worth, and which
is so fast growing populous and wealthy, and which has by her votes, money,
and by her strong arm and blood, defended the flag of our common country on
the battle field, and,
"Wheveas, It seems but just that an expression of the people through us, their repre-
sentatives, shall be given so as to better enable our delegate in Congress to
represent our views and wishes in this regard; therefore,
"Be it resolved ht/ the Cmiiicil and House of Eepresentatives of Colorado
TcrrUorij:
"That we desire the Congress of the United States to pass an act enabling this
Territory to become a State under such provisions as may be deemed just and con-
sonant with our republican institutions.
"2nd. That our delegate to Congress be requested to use all honorable endeav-
ors to accomplish such action, and that copies of these resolutions be forwarded by
the Secretary of the Territory to the President, and each presiding officer of Congress,
and to the Hon. H. P. Bennett."
The enabling act for Colorado, which was nearing its birth at the
time the foregoing joint resolution was approved, required the Governor of
the Territory to order, by proclamation, on or before the first Monday in
the following May, an election of representatives to a convention to form
a State constitution, and who in number were to be equal to that of the
members of both branches of the Territorial Legislative Assembly, which
was thirty-nine. These representatives were to meet at the capital of the
Territory on the first Monday in July, of that year: and the result of their
labors was to be submitted to the people of the territory, for their ratifica-
tion or rejection, on the second Tuesday of the ensuing October. But by
an act of Congress, approved on June 15th, supplementary to the enabling
act, the time of voting on the constitution which should be proposed was
changed to the sec-ond Tuesday iu September, in compliance with the desires
of Colorado's advocates of Statehood.
On April 8th, Governor Evans, who had returned a few days before
from his long sojourn at Washington, where he had assisted in promoting
the passage of the enabling act, issued a proclamation in which he ap-
pointed the first Monday in June as the day on which elections for mem-
bers of the Constitutional Convention should be held. The representatives
thus chosen met at Golden City, then the capital, on the day specified in the
47-2 HISTORY OF COLORADO
enabling act, and after having elected 0. A. XAliittemore to be President
of the convention adjourned to Denver, where E. M. Ashley was chosen
Secretary, and where the work of framing the constitution was completed
on the 11th day of July.
The promoters of the movement were so confident that the constitu-
tion would be ratified by the people that an "Executive Committee" repre-
senting them now issued a call to "all Union men" of the Territory to elect
delegates to a convention, to be held in Denver on the second day of the
next month, to nominate candidates for State ofBces, and one for Repre-
sentative in Congress. It was generally understood and agreed among the
Statehood element that Governor Evans and Henry M. Teller should be
elected United States Senators from the anticipated new State by its Legis-
lature. The convention, which was duly held on August 2d, nominated a
full State ticket, with Henry D. Towne as the candidate for Governor. It
also nominated three Presidential Electors, and, with great enthusiasm,
made Colonel J. M. Chi\'ington, who was a politician as well as a warrior,
its candidate for Representative in Congress. Towne having declined his
nomination, the "Union Executive Committee'' appointed Daniel Witter in
his stead.
But all this had been done without a proper reckoning with the senti-
ments and intentions of a large majority of the people. In the brief inter-
val between the adjournment of the Constitutional Convention and the
day appointed for the vote on the document it had fabricated, there was
waged a campaign that, in bitterness, acrimony, and unscrupulousness on
both sides, never was equalled in any other political contest during Colo-
rado's Territorial period, which, in its public affairs, from beginning to end,
was characterized in the main by a stormy type of politics. Support of the
Statehood progi-amme was almost entirely confined to Arapahoe County —
to Denver, but even there the people were divided on the question — about
half and half. At the election on the second Tuesday in September, the
constitution was rejected by an overwhelming majority, and the depletion
of the Territory's population was plainly revealed by the figures of the re-
turns. In a total of 6,192 votes there were 1,520 for the constitution and
4,672 against it; an adverse majority of 3,1.52. The State ticket nominated
on August 2d also was submitted to the voters on the same day, and
went down with the wreck of the Statehood movement.
The principal reason for the constitution's rejectment was the financial
inability of the people to sustain a State Government without undue sacri-
fices. But there were some citizens who also objected to the constitution's
denial of suffrage to negroes. The Territory's organic act had confined the
right to vote at the initial election to "white male citizens" ; the Legislative
Assemblies had confirmed and continued this restriction as to "a negro or
a mulatto": and the constitution had provided for its perpetuation.
However, the swamping defeat did not dismay or disintegrate the forces
that were striving for Statehood for Colorado : and it is evident that it was
at their instance that an effort was made in the second session of the Thirty-
eighth Congress again to enact a law to enable the Territory to become a
State. On December 19, 1864, Senator Lane, a steadfast friend, introduced
into the Senate "A Bill to enable the people of Colorado to form a consti-
tution and State government", and so forth; and which was the only one
for that purpose that appeared in either chamber during that session. It.
HISTORY OF COLORADO 473
went by the usual course into the keeping of the Senate Committee on the
Territories, in whose hands it remained dormant until February 22d, on
which day it was reported back from that committee, with an amendment.
Lane then asked for its immediate consideration, to which Senator Henry
Wilson interposed an objection, and therefore the bill was laid over. As
the session was nearing its end, and as interest and attention everywhere
largely was absorbed by the tottering Southern Confederacy, which then was
crumbling to its fall. Senator Lane's bill to give Colorado another oppor-
tunity to get into the Union at an early day was heard of no more.
Although a large majority of the people of the Territory then were
opposed to negro suffrage, a much larger majority, including Hiram P.
Bennet, their Delegate in Congress, favored the abolition of slavery in the
I'nion. This sentiment was reflected in the action of Delegate Bennet, who
headed a written resolution signed by the Delegates from all the Territories
and submitted to the House of Representatives on Februarj' 1, 1865, approv-
ing the proposition so to amend the National Constitution as forever to pro-
hibit slavery upon soil of the United States.
Xotwithstanding that Senator Lane's effort to procure a new enabling
act for Colorado was an open and distinct recognition of the fact that the
previous act now had heen rendered impotent by the people's rejectment of
the constitution that had been formed under its provisions, and although the
Indian war was overclouding the central plains, the managers of the move-
ment prematurely to attain Statehood for the Territory resumed active oper-
ations late in the spring of 1865. The basis of their programme was their
assertion and pretended belief that the enabling act of March, 1861, still
was eSective, and therefore, notwithstanding that it had appointed certain
days in the year 1864 on which certain of the proceedings should occur,
without alternative, that further trials lawfully could be made under its
authorizations. But in reality they depended on the probability, in the
event of a Constitution and State Government having been otherwise duly
formed and ratified, that Congress would recognize and admit the State
regardless of the specifications as to dates contained in that act.
But some reasons more valid were advanced in support of the movement.
Among these was the prospect that the Territory would receive an early and
large immigration, now that the Civil War was over and that many of the
men who had constituted the great annies that had been engaged in it
would establish themselves in the West upon their return to the life and ways
of peace; and another was the influence that two Senators and a Representa-
tive in Congress could exert in behalf of legislation that should require the
Union Pacific Railroad Company to locate and constnict its road by way of
a route through the central section of the Territory — a course upon which
it should have been built.
The leaders of the political divisions among the people of the Terri-
tory had come together; the former rivalries and animosities were to be
buried — for the time; and the fresh attempt to attain Statehood was to
be non-partisan, the work of a union of hearts and of hands, a spontaneous
and harmonious action of and by and for the people. But it was sharply
understood among these leaders that the political truce was to terminate in
the evening of the day on which the people should vote upon the work of the
proposed Constitutional Convention.
The executive committees of the parties joined in a call, issued on July
474 HISTORY OF COLORADO
19th, for a Constitutional Convention, to be held in Denver, on the 8th day
of the next month, and directed that delegates thereto be chosen upon a non-
partisan basis in each county. Delegates from twelve of the seventeen coun-
ties assembled in Denver on August 8th, the counties of El Paso, Pueblo,
Huerfano, Costilla, and Conejos, which contained not far from one-third of
the Territory's population, being unrepresented. Nevertheless, those present
organized the convention by electing W. A. H. Loveland President of the
body, and W. D. Anthony Secretary, and then began their labors. Having
adopted a resolution declaring the expediency of instituting the State form
of government in Colorado and complied with the preliminaries required by
the enabling act of 1864, they turned to the constitution, of which they made
a short job, completing it on August 12th, the fourth day thereafter. The
document substantially was the same as the constitution of the previous year,
. and likewise denied suffrage to negroes and mulattoes. September 5th, the
first Tuesday in that month, was appointed as the day on which the people
should vote to accept or reject the revamped constitution.
While rather a general campaign in favor of ratification was made, and
without meeting with much open opposition, there was a strong iindercurrent
against the whole proposition, especially in the southern section of the Terri-
tory, and which was given expression on the day of voting, although some
of the people in the southern parts did not participate in the election. Ac-
cording to the returns, the total number of votes cast was 5,895, of which
3,025 were in the afiirmative and 3,870 in the negative, leaving a ratification
majority of 155. However, it was openly alleged soon thereafter that this
showing had not been based entirely upon the contents of the ballot-boxes,
and that a large number of the affirmative votes — more than that of the nom-
inal majority — had been the result of political handicraft employed to meet
and overcome the emergency.
In a formal written statement made and sent to Washington at the end
of that year by Hen:y C. Leech, President of the Council division of the
Territorial Legislative Assembly, he averred that "the convention which
had framed the constitution was not elected by the people, being simply
delegates appointed by caucuses ordered by political parties"; that "the
Constitution was submitted to the people without the safeguards and pro-
tection of law, one week in advance of the annual Territorial election",
for the reason, as "publicly asserted, that if submitted on the same day
'the people would vote it down' " ; that "information that the constitution
was to be voted on did not reach the county of Conejos until ten o'clock
on the morning of the election"; that "none of the provisions of the ena-
bling act of 1864 were complied with, except the submission of the con-
stitution to the people, and this was done without the authority and pro-
tection of law"; and that the vote on the constitution "was obtained by a
union of politicians of all parties and the support of all the newspapers
of the Territor}-, there being no organized opposition, and no protection
of law from fraudulent voting".
But however all this may ha\e Ijeen, the face of the returns gave a
small majority for the constitution, as we have seen ; and the party leaders
now prepared for a resumption of hostilities. Calls were issued for the
election of delegates to conventions to nominate candidates for the State
offices and for Representative in Congress, and which were duly held. The
Republicans, or, as they styled themselves, "Union Administration" men.
HISTORY OF COLORADO 475
nominated George M. Chilcott for Representative, and a full State ticket
with ex-Governor William Gilpin as their candidate for Governor. The
Democrats did likewise, excepting their omission of candidates for places
upon the Supreme Bench, with William Craig for Governor, and D. D.
Belden for Representative in Congress. I have mentioned in a former
chapter that "the Sand Creek affair" became an "issue" in this political
movement. In consequence thereof, those who regarded its approval and
vindication as a cardinal duty put forth a third State ticket, headed by
Edwin Scudder, and with George M. Chilcott, the "Union Administration"'
candidate, for Representative in Congress. Xominations of candidates for
membership in the State Legislature were made by the Republicans and
the Democrats in the several coimties, the choice of these being a matter
of mucli interest, as two United States Senators were to be elected by that
body when it should convene.
In accordance with a provision of the constitution, the election was
held on Xovember llth, and resulted in a victory for the "Union Adminis-
tration", or Republican, party, which electell its State ticket, its candidate
for Representative in Congress, and a majority of the members of the Leg-
islature.
In the statement by Henry C. Leech, from which I have quoted above,
he said that "the election for State officers in Xovember was without au-
thority or protection of law, and large frauds were perpetrated, the entire
vote of the first wai'd in Denver being declared fraudulent by the can-
vassers"; and that "fifty-eight voters in the county of Summit elected two
representatives and one Senator to the 'State Legislature' ".
Tlie members-elect of the State Legislature met at Golden City on
December 18th, and went through the forms of organizing. But after
electing Jerome B. Chaffee and John Evans (the latter having, in the
previous October, quit the oflBce of Governor of the Territory,) United
States Senators from the supposed new State, they adjourned to await
further events.
Many of the Colorado people believed that the Territorial Government
now was extinct, but Governor Cummings, who had succeeded Evans, and
was hostile to the Statehood movement, knowing that that was not yet the
case, held the organization together, and he and the minor Territorial ex-
ecutives continued to exercise the functions of their offices. Moreover,
an election for members of the Territorial Legislative Assembly had been
held on September 12th, in due accordance with Territorial law.
Armed with credentials of their election and other documents in sup-
port thereof. Senators Evans and Chaffee, together with Representative
Chilcott, promptly proceeded to Washington, in expectation of an imme-
diate recognition of the State Government of Colorado and of their admis-
sion into the National Legislature in which, as attested by their commis-
sions, they were entitled to seats. Upon their arrival at the National Cap-
ital, the two Senators sent to President Johnson a written recital of the
Statehood proceedings in Colorado, which, among other things, had re-
sulted in their election to the United States Senate; and requested him
to issue a proclamation declaring Colorado now to be a State of the Union.
The President refused to comply, for the reason that appears in the fol-
lowing :
476 HISTORY OF COLORADO
'•Washington, D. ('.. Jannary 12. 1866."
"To the Senate and House of Sepresentatives:
"I transmit herewith a communication addressed to me by Jlessrs. John Evans
and J. B. Chaffee as ' United States Senators elect from the State of Colorado, '
together with the accompanying documents.
"Under authority of the act of Congress approved on the 21st day of March,
1S64, the people of Colorado, through a convention, formed a constitution making
provision for a State government, which, when submitted to the qualified voters of
the Territory, was rejected.
"In the summer of 186-5 a second convention was called by the executive com-
mittees of the several political parties in the Territory, which assembled at Denver
on the 8th of August, 1865. On the 12th of that month this convention adopted a
State constitution, which was submitted to the people on the 5th of September, 1865,
and ratified by a majority of 155 of the qualified voters. The proceedings in the
second instance for the formation of a State government having differed in time and
mode from those specified in the act of ilarch 21, 1864, 1 have declined to issue the
proclamation for which provision is made in the fifth section of the law, and therefore
submit the question for the consideration and further action of Congress. ' '
"ANDEEW JOHNSON."
This message, as well as its purport, had been anticipated, for, on the
same day and immediately after its reading, Senator AVilliam M. Stewart,
of the new State of Nevada, asked and received unanimous consent "to in-
troduce a bill for the admission of Colorado, of which no notice has been
given". This measure was not a bill to enable the people of Colorado to
form a constitution and State government, and so forth, but one for "the
admission of the State of Colorado into the Union", under the proceedings
in the Territory in the last half of the previous year, which were to "be
accepted, ratified, and confirmed", thus recognizing these as having effected
the organization of the State. After its formal readings, the bill was re-
ferred to the Senate Committee on the Territories, which, on the 18th of
that month, reported it back without amendment. On the 20th, at Senator
Stewart's request, it was made the special order for the 24th.
On January 22d, Colorado's Delegate, A. A. Bradford, introduced into
the House "A Bill to provide for the admission of Colorado as a State into
the Union", and which, as in the case of Senator Stewart's, assumed that