Weston Arthur Goodspeed.

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 (Volume 4) online

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congress he was removed from office and the sujiject dropped.
Upon the admission of the state he was elected a member of the
supreme court, and from 1880 to 1883 was the chief justice. He
was re-elected in 1885, but before the close of his term he resigned
owing to failing health and went abroad. The decisions ren-
dered by him while justice are highly regarded by the legal pro-
fesssion.

The year 1873 was one of general {prosperity to Colorado, the
business of railroad building being pushed with such energy that
at the close of the year thi-re were a little over fMK) miU's in opera-
tir.n. 'I'll, Dniver and KMo Grande comi.Klcd l^U miles of road.
Tiiis wa^ III. lirst n.iiinw gaiii'.e mad in the I'liilcd Slates, being
but three i< ( l, and the average grade was seventy-five feet to the



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COLOR. II >0, FROM McCOOK TO PITKIN. 415

The question of admission came up again in the congress of
1873-74- Ijiit the passage of a bill requiring a population of
125,000 before a territory would be eligible for statehood defeated
Colorado's prospects at that session. The tenth legislature assem-
bled at Denver on January 5, 1874, and organized by electing
Madison \V. Stewart presiilent of the council, and David H.
Nichols speaker of the house. Congress had passed an act in
January, 1873, turning over to the territory the penitentiary at
Canon City. Owing to the fact that there was no money in the
territorial treasury to maintain the prison, Governor McCook
refused to accqit it. In his message to the legislature of 1874
Governor Elbert said, regarding the matter: "As there was
no fund at the command of the E.xecutive with which to meet
the current expenses of the institution, my ])reilecessor declined
to receive it. . . . An apprtipriation should be made to
meet this exigency, and a law passed providing for a full and
complete system of prison discipline and government." On Feb-
ruary 9, an act was passed authorizing the governor to appoint
three commissioners, with power to accept the prison from the
United States government, and an ajjpropriation was placed at
the hands of commissioners for the support of the institution.
Acts were passed establishing several other institutions. An
appropriation of fifteen thousand dollars was made to erect build-
ings for a university ; seven trustees were appointed for the school
of mines at Golden City, and five thousand dollars ai>[)rt.i)riated
to complete the buildings already begun; a school for deaf mutes
was hvaled at CoKirado Sj)iings, seven trustees were ai)pointed,
and an appropriation of live thousand dollars was made, with the
provision that it was not to be available until the citizens gave five
acres of ground for a suitable site.

In the spring of 1874 Governor Elbert was removed and
Edward IMcCook reappointed. The appointment was not con-
firmed by the United States until July, Elbert meantime con-
tinuing to administer the affairs of the territory. Part of that
time there was an interesting controversy between Elbert and
John W. Jenkins, the territorial secretary. About the time that
McCook was reappointed, Elbert went East on business, leav-
ing the secretary as acting-governor. When he returned Jenkins
addressed a letter to him, signing it as acting governor. Elbert
returned the letter with the endorsement "not recognized" and
signed bin. self "governor of Colorado." Jenkins insisted that
he had . eeived information of Elbert's removal, and Elbert as
strenuously maintained that he had received no notification of the



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4l6 TlUl PROVINCE AND TIIll STATUS.

fact. Both opened offices as the chief executive of the territory,
and botii chunicd to be governor until the contirniation of McCook
settled the matter.

Owing- to the wrangle growing out of these conditions, and
the difference of opinion in the Uei)ublican party regarding the
question of statehood, the Democrats carried the election of
1874. Thomas M. Patterson was elected delegate to congress,
defeating IT. P. H. Bromwell, the Jvepul)lican candidate. The
national administration felt the rebuke and in March, 1875, Presi-
dent Grant removed McCook and appointed John L. Routt gov-
ernor of the Territory.

John L. Routt, eighth territorial governor of Colorado, was
born in the little town of Eddyville, Caldwell county, Ky.,
April 25, 1826. When only a few months old his father dieil
and in 1836 he removed with his mother to P.loomington, HI.,
where he was educated in the pu])lic schools. While still in his
minority he commenced learning the trade of builder and machin-
ist, and having finished his apjjrenticeship he embarked in the
business for himself. Ife continued in it until 1851, when he
became interested in real estate and began dealing in town prop-
erly and public lands. In i8(xj he was elected sheriff of the
county, but resigned in 1862 to accept a conunission as captain
of Company E, Ninety-fourth Illinois volunteer infantry. His
first service was in Arkansas. After that he was with Grant
at Vicksburg, where he performed an important service by bring-
ing a supi)ly of anmumition from a magazine, si.xteen miles away,
lie was mustered out in the fall of i8()5 to tnul that during his
absence he had been elected treasurer of McLean county.' He
served two terms but declined a nomination for a third. In 1869
President (hant ai)i)<^inted him United States marshal for the
southern district of Illinois, and two years later made him sec-
ond assistant postmaster-general, which position he held until
appointed governor of Colorado, llpon the admission of the state
he was elected the hrst state governor, and N\as again elected in
1890. During his fust term as governor of the state he exerted
all his inlluence to establish the credit of the young common-
wealth, and with such success that warrants which were selling
at a discount of twenty-hve per cent, when issued, went up before
the ex])iration of his term to two per cc
lie was I lecled mayor of Denver, and
nietb I ihal h.id disliugnished him ;
a cI'-;mi, busini'ss-like admiuislration.

March 3, 1875, ccMigress jiassed an act authorizing the people



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CULUK.IDO, I'ROM McCOOK TO PITKIX. .jij

of Colorado to form a slate f^uvcniiiu-iit. It provided that the
delegates to a constitutional coinenlion should he elected hy
the people, and that the delet^ates should meet within sixty da>s
after heins:^" elected; that md distinction must he made in the
constitution on account ui color ; that the instrument when framed
must he snhmitted to a poi)idar vole; and an ai)pro|iriation was
made for the expenses of the convention. Sections sixteen and
thirty-six in each township were set afiart as a source of reve-
nue for the sup])ort of the common stdiools ; fifty sections of land
were donated for the erection of puhlic huihlini^s; iifty iuv a
peiiilenliar) ; se\ enl\-l\\() for a uni\ersil\ ; twehe salt sprinL;>,
with six sections of land each, were s^iveu to the .stale to he de\otcd
to such purjiose as ihe j^eueral assemhly mii^ht elect ; and li\c per
cent of the proceeds ari^i^,L;■ from the sale of [juhlic lands within
the slati' was to he t;i\en .as a further endow luent to the com-
mon schools. Alineral Lauds, lioweser, were to he exempt from
the provisicjus of the act.

Pursuant to this act, deleL;ates were chosen to meet in conven-
tion and draft ;i constitution. Idle convention met on Deceni-
her JJ, and remained in sessioi\ until the I4lh of March, 1876.
j. C. Wilson was elected president and W. W. I'oul.son secre-
tary. The dele!L;ates who si-ned the Constitution were: II. P.
II. Promwell, Casimiro P.arela, William K. I'.eck, ( ieor-e P.oyles,
liyron L. t'arr, William 11. Cushman, William L. Cdarh, A. I).
Cooper, Henry R. Croshy, Kohert Doui^las, iM-ederick j. IChert,
Lewis C. hdlsworth, Clarence P. Ivlder, Willard U. I'eltou, Jesus
Ma. tiarcia, Daniel llurd, l.afavetle Head, William II. lames,
Wilh.un R. Kenuedv, WUliam I.ee, .\lvin i\larsh, S. J. I'lumh,
Cicori^c 1'. Pease, Rohert A. Ouilliau, Lewis C. Rockwell, WiL
hur l'\ .Stone, William C. Stover, llenrv C. Thatcher, Aoainto
A'igil, \V. W. Wehster, Ce.jr-e C. White, Ehcnezer T. Wells,
P. P. Wilcox, John S. Wheeier, j. W^ Widderheld, Ahram K.
Yount, and the president. The constitution havini; ])een framed
for suhmission, a committee <d" ten was appointed to i)repare an
address to the iicoi)le of Colorado. That conuniltee consisted of
William M. Clark, chairman, Wilhur I'. Stone, William E. Deck,
John S. WHieeler, Casimiro Barela, William R. Kennedy, Rohert
Dou.^-Ias, Georj^e E. Pease, E. T. W-^ells, and Jesus Ma. Garcia. In
the openint;- parai^raphs of the address the committee said: 'Tn
a work of such maj.oiitude, wIhtc the interests are so \'aried and
extensive, ;l is to he ex|)ecled that errtirs would creep in, and
tJiiiissions (..IS unnoticed, hut, upon Ihe whole, \vc hclii've il ('oii-
laiiis not .nlv all (d" the iMimilive ri-hls puar.mlecd in our
IV - -7



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4l8 THE I'ROriNCR AND THE Sr.lTES.

nati(jnal constiliuion, Ijut most of tliosc rcfoniialory measures
, wliich the cxpericiiec of the past century lia\e proven wise and
judicious.

"The end souj:^ht to be aecomi)lished was to secure a just and
economical administration of the de])artments vi state, and, with
this purpose in view, especial effort was made U) restrict the
powers of the icL^islalive cU-partment, 1)\- malan.i;- all laws general
and of uniform operation, to establish uniformit)' in tlie judi-
cial department — tliereby furtherinj:^- the ends of justice ; to pre-
vent the corrui)tion of puldic ofiicials ; to provicle for the safe
keeping: of all public funds, and to protect the people from unjust
monopolies, and the oppression conse(|uent uiion the A'eitini^' of
bonds antl other kinds of indebtedness to cor])ora(ions."

In framiuL^- the constitution the points enumerated in the para-
graphs (|uoted were kept steadily in view. Ilesides the usual
guaranties in the bill of ri.-:;hts it was ])rovided that the gen-
eral assembly should ni.ake no irrexocable grants of special privi-
leges or immunities; that private i)roperty should not be taken
for public or private use without just compensation previously
matle to the owner; the grand jury system was so modified that
three-fourths of the jury could find a bill, and the legislature was
given power to abolish the grand jury altogether. All state offi-
cers were required to keep an accurate account of the public funds
received and disbursed, and the state treasurer was required to
make a quarterly statement of all moneys on hand and how depos-
ited, which statement was to be given U) the public. The legis-
lature was given power to call for such statements at any time
and to i»ass laws to pre\-ent exlra\agance or fraud.

klie sessions of the general assembl\- were limited to forty da)S,
and at least one .sessi..n must be held once in two years; laws
of a local or special nature were ])rohibited ; no law could be
passed giving extra compen.sation "to any public officer, servant
or employe, agent or contractor, after services shall have been
rendered or contract made, nor providing for the payment of any
ckiim made again.st the sl;ite wilhonl i>revious authority of law."
This provision was intended to prevent extravagance in the mat-
ter of legislation,, and that due consideration might be given every
measure proposed, all bills were required to be i)rinted ; that only
one subject should be embraced in each bill, and that no bill,
except for the general expenses of government should be intro-
duced after the first twenty five days of the session.

Kadicl .■li.mges were iiia.le in the judicial d.-partnn iit. .An
additional district court was created and the district courts were



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COLOkAUU, J'KOM McCOOK TO I'lTKlN. 41^

l^nvcn original juriscliclion in a lars^-c number of cases; to hear and
determine all controversies in behalf of the people regarding the
rights, dutii's and liabilities of certain corporations. A sujireme
couit of three justices was established; probate courts were
abolished anil county courts created; justices of the peace in sufh-
cient numbers were provided for, and provisions were made for
llie settlement of dift'erences b\' arbitration.

With regard to corjjorations the aiUlress of the conmiittee con-
tains the following language: "We have i)rovided for the wip-
ing out of all dormant and sham ct)rporations claiming special
and exclusive privileges. We have denied the general assembly
the power to create corporations, or to extend or enlarge their
chartered rights by s])ecial legislation, or to make such rights
and iM-ivileges irrevocable ; but in case it shall be found that the
exercise of sucli rights and privileges proves injurious to the
people, then the general assembl)' shall have power to alter, revoke
or annul such charters, when that can be tlone without injustice
to the corporators. We have declared that railroad corporations
shall be liable as common carriers, and that to avail themselves
of the benefit of future legislation, they must subject themselves
to all the requirements of this constitution. We have forbidden
the consolidation of parallel and competing lines, and of all unjust
and unreasonable discriminations. . . . We are aware that
these provisions do not cover the whole ground, but it must be
remembered that while some of our sister slates have not gone
far enough in placing restrictions on the legislati\e i)i)\ver, others
have gone too far, and ba\e IkuI to recede. \\\- have ende.i\'on.'d
to lake a nii(Kllc ground, luliex'ing it to be more safe, and in the
end that it wdl give more general satisl'action."

The school luntl was to be kept inviolate and intact. No appro-
priation should ever be made b}' the state, nor by any county
or municiiKdity, to any denominational or sectarian school, and
no religious dcjgma should ever be taught in any of tlie public
schools or institutions of learning under the patronage of the
state.

Some of the miscellaneous provisions of the constitution dealt
with the subjects of mining and irrigation in which a greater
portion of the population were tlirectly intcresteil. The office of
commissioner of mint's was created, the water of all unapj)ro-
declared to Ite public property for
certain rights, in the m;itter (jf con-
died. Amendments to the cojistitu-
i\ s : "The general asstnibly may, at



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420



Tim I'KUllNCli AND TUli Sl'.lTHS.



any time, by a vote of Uvo-lliinis of the iiKiulxi ^ rlectetl to each
house, recommeiul to the electors of the .state, to vole at the
next general election, ior or against a C(jnveiition to alter ami
amend this constitution; and if a majority ^.A iho.sc voting on
the question shall declare in favor of such con\enlion, the gen-
eral assembly shall, at its next session, luovitle for the calling
thereof."*

One article of the constitution provided that "The general
assembly shall at the lirst session thereof, and may at any sub-
sequent session, enact laws to extend the right of sultrage to
women of lawful age, and otherwise ([ualified according to the
provisions of this article. Xo such enactnienth hhall be of effect
until submitteil to the vote of the qualiJied electors at a general
election, nor unless the same be approved b\- a majority of those
voting thereon."

The constitution was adopted by the vcjtei.s on the fii-ht of July,
1876, and on the lir.st of August Tresident (Jranl issued his proc-
lamation declaring the state admitted. The fact that Colorado
became one of the so\-ereii4n slates of the American rei)ublic on
the one hundredth aum\ci>>ar\ of American indepi-ndeuce gave
to it the name of the "Ceulenmal .State." At the time of its
admission the population was estimated at 125,(100, and the \aluc
of taxable i)roi)erty was almost forty million dollars. In the
state there were 125 school buildings, as rejjorled in 1875, with
180 teachers emplo)'ed. (_)f the 1.1,417 children oi school agi-,
7,.15(') were enrolled in the seh.u.ls. Not a doll.ir o\ indebtedness
was held a;;.imsl die new sl.ile, awA the leslnclh.us of the con-
slUmuMi le-.irdm;; llie qiuMioii oi a h.Mided debt have been sutii-
cienl to keej) the public linauces in a heallliy coudition.

October 3 an election was held for state ollicers, the first under
the constitution, ami the following were chosen: (iovernor,
John L. Routt; lieuleiiant go\ eiuor, Lafa)ette llead; secretary
of state, William i\i. Clark; auditor, David C. Crawford; treas-
urer, George C. Corning; attorney-general, Archibald J. Sanip-
son; superintendent of public instruction, Jose])h C. Shattuck ;
justices of the sujjreme court, K. T. Wells, Henry C. Thatcher,
and Samuel 11. hdbert. .At the same time James IS. lU'lford was
elected member of congress fur the une\|>ired teiin of the lM)rty-
fourth coii-ress, and at the r< -ular conuressional t-leetion in



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COLOR. inO, I'ROM McCoOR TO PITKI.y. 421

NovL-mbcr, Tlionias M. Patterson was elected for the full term
of the Forty-fifth congress.

Members (jf a state legislatiu-e were also chosen at the October
election and on the first day of Noxember the assembi)' met at
l)en\er. At iiooii on the third da\ of the session the executive
(jfficers ajjpeared, were swoiii in by Judge Itrazee, and the state
government was fully inaugurated. A few day,-> later the legis-
iature elected Jerome 1'.. C/balfee and Henry M. Teller to the
United States senate.

Henry M. Teller was born at Granger, N. Y., May 2.^,
1830. After acquiring an acatleniic education he studieil law
and began j^racticing in Illinois. In iS()i he removed to Colo-
rado and from 1862 to 1864 was major general of the ter-
ritorial militia. In November, iSyU, he was elected to the United
Slates senate. Upon the admission of Colorado as a state,
he was elected to the United States senate by the first general
assembly that convened November i, 1876. This being the
first representation of Colorado in the senate, under the rules he
and Mr. Chaffee, his colleague, drew lots to determine their
respective terms. In the first drawing Mr. Chaffee drew the
term of two years and .Mr. Teller a blank. On the second he
secured the slip wdiich co\ered the four months ending March,
1877, and Mr. Chaffee the one expiring in .March, 1871). Decem-
ber 9, l87r,, the general assemlJy re-elected Mr. Teller for
the full term i>i six \■ear^ from March, 1877. In l88j I'rtsitlent
-Arthur .ippoiiiled him Ni'crelar\- of die interior. Secretary Teller
wiul oul wldi I'reMdenl Arthur's cabinet, March 3, 1SS5, and
tlie following da\' again took his seat in the senate, having been
elected to succeed iXalhaniel 1'. Hill. He was a Republican
from the organization of the i)arty in 1856, but withdrew from
the national convention of that party in 1896, because he disagreed
with the financial jjlank of the i)latform, and su])ported the Demo-
cratic nominee for tin' presidency. His last election to the senate
was in \[)0].

Jerome B. Chaffee was also a native of New York, having been
born in Niagara county in 1825. In his youth he emigrated to
Michigan, and later to IMissouri, where he became interested in
the banking business. In l8r.o he went to Colorado and with
F.ben Sniitii .rected the Smith & ChalTee stamp-mill in the (iilpin
county goll mines. In i8()5 he established the hirst National
bank of |i' iivrr. He w.is twice in the territorial legislature, and
in 1863 \>..> speaker of the house. In 1870 and again in 1872,
lie was elected delegate to e(jngress. He served but one term in



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422



THE I'ROVINCE AND THE STATES.



the senate of the Unitetl States, after which he devoted his atten-
tion to his large business interests.

During- tlie summer of 1874 \V. 11. Jackson, of tlie photo-
graphic and natm-alist division of the United States geological
survey, visited the southwestern part of Colorado, and gave to
the world the first authentic account of the cliff-dwellings found
in the canons of that section. In 1875 he made another visit and
gave a detailed report of his discoveries. The report attracted
wide-spread attention, 'idie ruins of that ancient and long
e.xtinct civilization were found over an area ui alnnit 150,000
square miles in Southwestern Colorado, and the adjoining corners
of Utah, Arizona anil New Mexico. In the Mancos canon, in
Montezuma county, Co!., were found some of the most distinctive
and best preserved of the cliff-dwellings, though the largest ruin
was found about twenty miles from Phoenix, Ariz. All
through the country, once iidiabited by this prehistoric people,
were noted the ruins of aceijuias, or irrigating canals, indicating
that the country was once in a state of cultivation. The faces of
the rocks were found to ])e covered with hieroglyphs; i)ottery of
curious designs, and stone imijUments were found in abundance;
cotton cloth was fountl in a few (jf the ruins, but nothing was
discovered to show that the original occupants of these peculiar
structures were acciuainted with the use of metals. There is a
tradition that they hacl a written language. A book of skins is
said \o be kept in liie Zuni rurblo. lis pages are covered with
sli.MULH' char.icUrs, m various colors, ihongli the ia^l man who
could read il died a loni; liinr ;:go. and it is now preserved only
as a sacred relic oi a long lo>t ci\'ilization. l'",llinologists and
antiquarians have found a rich field for their investigations in the
cliff-dwellings of Coloratlo, along the Rio ]\lancos, and in the
Ilovenweep, McFdmo, La Plata, Las Animas, and Montezuma
canons. Nmiierous expeditions have been made to these canons,
each adding new discoveries to lliose of its predecessors. .\ fine
collection of relics, taken from the different ruins, is in the
possession of the Colorado Historical societ\', in Denver.

One of the early settlements of Colorado was that made at
California gidch in the fall cjf 1801 and namrd ( )ro City where
very rich ])lacer nnnes had Itrtn iliscovcrcd. Tm yiars later the
liosloriirc \\;is rrmoved lo mw di;;gin,i;s I'ailhrr up the gldch,
and 111' oiiidii.il ():o (i(\ was :dian<lo'U(l. Placer mining was
Mill CI. i.d oil lli.iv, howrvrr. and a dih h was const nicled by
vSteveii; \ lA'ilir for llic jmrpose of furnishing water to the
sluices. I'or some time il was noticed that the svdiiiieiU and small



Online LibraryWeston Arthur GoodspeedThe 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 (Volume 4) → online text (page 45 of 53)