CHAPTER I.

On April 3d of the year 1803, Napoleon Bonaparte, First Consul of France, for the sum of $16,000,000, ceded to the United States, then under the presidency of Thomas Jefferson, all that vast territory entitled the Province of Louisiana. The province extended from the possessions of New Spain on the south, to the boundary line of the British possessions on the north, and had the magnificent Mississippi river on the one side, and the great Pacific Ocean on the other. At the close of the Mexican war, in 1848, by the treaty of Guadalupe Hidalgo, for the sum of $15,000,000, all New Mexico and Upper California--a region extending from the Rocky Mountains to the Pacific, and containing about 500,000 square miles--was ceded to the United States. This immense domain, thus acquired by purchase from France and Mexico, has been occupied by an intelligent and enterprising population, and divided into states and territories, each an empire in its dimensions, and has been cultivated, developed, and embellished by all the arts and inventions of the most progressed civilization. One portion of this domain is Colorado, destined by her position, resources and climate to enjoy an immortal precedence among the States of our great Republic.

Before the year 1858 very little was known of Colorado. It is recorded, with some apparent truth, that a large force of Spaniards and Indian allies, led by Coronado, a Spanish military captain, having for their object the discovery of gold, had, about the middle of the sixteenth century, penetrated to this section of the Rocky Mountains. The expedition, after incredible hardships, returned without the golden treasures, for which they had ventured so far and suffered so much.

Soon after the transfer of the Louisiana province, and the establishment of the United States authority therein, it was determined at Washington to ascertain the nature of the country, the sources of its large rivers and the general character of the climate. Accordingly, in the summer of 1806, a small expedition was equipped, and dispatched under the command of Lieutenant Zebulon M. Pike, who, for his skillful services, was, on his return, promoted to the rank of major. On the 15th of November, Major Pike and his small company beheld the prominent and stately mountain which, in honor of the commander, was named Pike’s Peak. Major Pike, in his diary, thus refers to this peak: “This mountain was so remarkable as to be known to all the savage nations for hundreds of miles around, and to be spoken of with admiration by the Spaniards of New Mexico, and was the bounds of their travels north-west.” Directing his march with the course of the mountains, Major Pike continued his explorations. Failing to discover the object of his search--the source of the Red River--he retraced his steps, and proceeded in a south-westerly direction. Determined to find the head-waters of that important stream, and unconquered by the fearful severities of winter in the midst of the mountains, the little party of explorers pursued their way. Their discoveries were, however, brought to a close by an untoward event--the capture of the whole party by the Spaniards, who held a military post in the San Juan country. This arrest would hardly have occurred had the boundaries between New Spain and Louisiana been definitely known.

In the year 1819 another and larger expedition was prepared, and ordered to explore this section of the Rocky Mountains. The party engaged in this enterprise had advanced a considerable distance into the Indian country without molestation, when its further progress was checked by the loss of their horses, which had been stolen by the Pawnee Indians. This mischance detained the expedition for a whole year. In June, 1820, Col. S. H. Long, the commander, all losses having been repaired, resumed his march. Early in the summer they reached the South Platte, and followed its course until the mountains came in sight. The massive giant peak, which stood out boldly and grandly before them, was, in honor of Col. Long, called Long’s Peak. Col. Long made a careful examination of the mountains from Long’s Peak to Pike’s Peak, and of the plains lying along their base.

A very full exploration of the Rocky Mountains was made, in 1832, by Captain Bonneville, who commanded a party fitted out by the American Fur Company.

The most effective expedition hitherto equipped by the Government, for purposes of exploration, was commanded by Col. Fremont, and set out in 1842. Upon his arrival at the South Platte, he sent the larger portion of his force to Fort Laramie, a post of the American Fur Company. With the rest of his command he advanced to Fort St. Vrain, an Indian trading post, situated seventeen miles east from Long’s Peak, and one hundred miles north from Pike’s Peak. From this point he journeyed northward, exploring the country beyond the limits of Colorado.

Another band of explorers, conducted by Col. Fremont, camped at Fort St. Vrain in July, 1843. This party made accurate surveys of the regions known as north and south of the Divide--an elevated ridge, separating the Arkansas and Platte valleys; crossed and re-crossed the range, ascertained many valuable facts, and mapped out the main geographical features of Colorado. But, so far, none of these explorers, nor any of the white inhabitants, mostly occupied in trading, trapping and hunting, had made any discovery of the vast mineral wealth now known to exist in this portion of the Sierra Madre mountains.

As the limits of Kansas formerly embraced a large part of what now constitutes Colorado, a brief summary of the early history of Kansas is essential. The territory of Kansas was organized on the thirtieth day of May, 1854. Then began her pupilage under the guardianship of Congress. In theory, the relation of a territory to the national government is that of a child to its parent. It is supposed to be under discipline and training, by which it will, in due time, be fitted to discharge the high and important duties incident to statehood. Kansas, it seems, was an unruly ward, and caused much trouble and anxiety to her guardian. In the Organic Act of the territory it was prescribed that the Constitution and all the laws of the United States should be in full force and effect, except the Missouri Compromise Act of 1820, which was declared to be inoperative and void in that territory. The Missouri Compromise, thus partially rescinded, opened the way for a pro-slavery and an anti-slavery agitation. Anti-slavery colonies from New England, and pro-slavery colonies from the Southern States, came to settle in the new territory of Kansas. Confusion, riot, and bloodshed soon followed. This unhappy state of affairs continued until the adoption of a State constitution prohibiting slavery. This important event occurred December 6th, 1859. From that time peace and order reigned. On January 29th, 1861, an Act for the admission of Kansas into the Union as a state, passed both Houses of Congress. On February 26th, 1861, Congress divided the new state, and organized the western portion into a territory bearing the name of Colorado.

We have seen that Kansas became a territory in 1854. From that year until 1858 no one authorized to represent the territory of Kansas appeared within the present limits of Colorado. The inhabitants before this time, beside the employees of the American Fur Company and a few independent trappers, hunters, and Indian traders, consisted of a scattered population of Pueblos and Mexicans, mostly engaged in stock raising in the vicinity of the Raton Mountains, and the roving tribes of savages. The Indian traders, among whom were Lieutenant Lupton and Vigil St. Vrain in the north, and Colonels Boone and Bent in the south, had erected small forts to shield them from the savages. The junction of the Fontaine qui Bouille with the Arkansas was a favorite winter rendezvous for the trappers and hunters, among whom was the famous Kit Carson. In 1854, the Ute Indians massacred, in one night, all who had assembled at this resort. Hitherto the protection of Kansas power and law had never been invoked, nor had the needs of the scanty and motley population occupied the attention of the Kansas government. In 1852 a party of Cherokee Indians, on their way from Georgia to California, discovered gold on the banks of a small stream tributary to the South Platte. On their return journey they showed the gold and reported the place of discovery. Exciting rumors of gold found in large quantities in the Rocky Mountains, inflamed thousands with the desire to reach and possess the open treasures. The first train of prospectors, led by W. Green Russell, Esq., started from Georgia. As they passed through Missouri and Kansas, the gold fever influenced many to leave home and competency for the distant plains and mountains teeming with riches. The Georgians took up their position where Denver now stands, and thoroughly prospected Cherry Creek from its mouth to its source, but as their labors were poorly rewarded, they gave the Platte, of which Cherry Creek is a tributary, a fair trial for six or seven miles south. Much disappointed, they set out for the North Platte and Green River regions, but faring worse, returned to their first location, and were made happy by larger returns for their labor. The first Kansas party built their camp fires near the present site of Pueblo. As the news of gold discoveries sped across the continent, a strong tide of emigration set in to the Pike’s Peak country. Strings of wagons and troops of men, in constant succession, kept crossing the great plains, anxious as they toiled on, to catch a glimpse of the blue outlines of the mountains, where fortune stood waiting to enrich the hardy adventurers. From all parts, and embracing all characters, poured in the earnest crowd, all animated by a common hope of attaining sudden wealth.

J. W. Denver, after whom Denver, the present capital of Colorado, was called, was then governor of Kansas territory. But neither he, nor his successor Medary, nor even Robinson, elected State governor December 6th, 1859, could give scarcely any attention to occurrences in the distant Pike’s Peak gold regions. Their thoughts and time were almost entirely engrossed by political events at home.

On the banks of the Platte, near the present Younker ranch, some of the Kansas company, who had camped on the Arkansas, with others, began to erect a number of log cabins. These were soon completed, and the name of Montana City was applied to the settlement. In these cabins a large party of prospectors spent the winter. On the 24th of September, a party of nine selected the east side of Cherry Creek, near its mouth, for a town site, and agreed to lay out 640 acres for that purpose. The peculiar and pious name of St. Charles was given to it, but no steps were taken to survey and plot the town or put up buildings, unless a few logs crossed together, with an old wagon cover for a roof, might be designated a house. Another company chose the west side of Cherry Creek for a town site, and in the latter part of October proceeded to construct some log cabins. These, and a number of others used as stores, were built, and the town called Auraria, from a small mining town in Georgia. The prospects of this new enterprise soon became encouraging, while Montana City in time lost its inhabitants, and its tenements went to ruin. A town company, composed mainly of Kansas citizens, on November 17th, 1858, took possession of the deserted St. Charles town site. Steps for the erection of cabins were immediately taken in order to secure the right of pre-emption. By New Year’s Day Denver had twenty and Auraria forty cabins. Up to this time the settlements contained only three white women. In the fall of 1859, a warm rivalry existed between Auraria and Denver. This was manifested in every issue, and continued until the consolidation of Denver and Auraria in 1860. The first inhabitants of Boulder came to that section October 17, 1858. In the summer of 1859 settlements were made in South Park. In the autumn months of 1859 Mountain City, Boulder, Russellville, Colorado City, Golden and Arapahoe became large settlements.

As the population increased, protection of life and property was felt as the special need. Animated, therefore, by a common desire to establish security, prevent and punish crime, the new settlers called a public meeting. The meeting was held November 6, 1858, in the settlement of Auraria, containing at that time about 200 inhabitants. The assembly, though composed of immigrants from different states, acted as citizens of Kansas territory. Out of the Pike’s Peak country, as that part of the Rocky Mountains, and the plains around their base, were called, they formed a county, defined its limits, and named it Arapahoe, from a neighboring tribe of Indians. They also declared Auraria to be the county seat. They then proceeded to elect a delegate to Congress and a representative to the Kansas Legislature. H. J. Graham was chosen delegate, and A. J. Smith representative. This action of the assembly manifested a rare spirit of enterprise in politics. They declare a district of Kansas to be a county, and depute one of their number to the legislature with credentials of his election, and petitions that the county be established, and their representative be received. At the same time a delegate is dispatched to Congress with instructions to have the county converted into a territory. The delegate of _Kansas_ Territory would be duly recognized and admitted to a seat in Congress. But to the delegate of Arapahoe county no such recognition or position would be tendered. His labors would be confined to the advocacy of the petitions and claims of the people he represented before committees, or with individual members of the House or Senate. Nevertheless, Mr. Graham hurried to Washington, impelled by the delusive hope that his mission would be successful, and that he would enjoy the honors and emoluments of territorial delegate. The people of Arapahoe county were 700 miles distant from Leavenworth, the capital of Kansas, without railroads or telegraphs, and with immense uninhabited plains lying between them and the territorial authorities. They, therefore, naturally desired to have the territory of Kansas divided, and the western part organized into a new territory. This arrangement, if consummated, would place the country on a stable footing. Peace and order would be maintained, the general prosperity promoted, while Congress and the nation would be directly acquainted with the growth, prospects and necessities of the country. Mr. Graham exerted himself to prevail on Congress to respect the petition of his constituents, but his efforts proved unsuccessful. Their representative, A. J. Smith, succeeded in his mission, had Arapahoe county confirmed, but was not admitted as a member of the Kansas legislature.

During the winter of 1858 the population was only slightly increased. The settlements were governed by local laws, devised and adopted by the people, and these laws were executed by a Probate judge and other officers, of the people’s appointment. The first election of Arapahoe county officers, under Kansas laws, was held March 28, 1859. Over 700 votes were polled, of which 231 were credited to Auraria and 144 to Denver. The spring months brought a great increase to the mining population. From authentic sources it has been computed that, during the summer, the Pike’s Peak gold regions contained 20,000 souls. An established and accessible government became indispensable. The subject pressed itself more and more urgently on the public mind. Their first attempt, in 1858, to impress Congress favorably with the necessities of their situation, had proved abortive. But a profound sense of their needs moved them to renew their efforts to prevail on Congress to consummate a partition of the territory of Kansas, and to establish a separate government in this distant but populous region. A mass meeting was called, to convene in Auraria, April 11th, 1859. In the resolutions adopted, it was expressed as the unanimous sentiment of the meeting, that a separate and distinct government was not only important but necessary. By these resolutions, also, the several precincts of Arapahoe county were requested to choose delegates, to meet in joint convention on the fourth day after the meeting, April 15th, to consider the question of organizing a new state or territory. On the day appointed the delegates met. In order to save time and determine quickly, they pursued an eminently judicious course. They resolved on one subject of debate, and only one: “The formation of a new and independent state of the Union.” It must be remembered that Kansas, at this time, was only a territory, though pressing her claims for recognition and admission as a State. Thus early, and prematurely, as facts subsequently proved, did the people, who crowded into this new country, seek for the honors and privileges of statehood. While these delegates were in session, or shortly after, the _Rocky Mountain News_, the pioneer journal of Colorado, issued its first edition, April 23d, 1859. This Auraria convention, as a summing up of their labors, ordered a general election of delegates on the second Monday in May, to meet on the first Monday in June. At the time designated fifty delegates assembled. As in the April convention, only one subject, it seems, engaged their deliberations--the attainment of statehood. The work of drafting a constitution was entrusted to eight committees, in order to economize time and secure a complete instrument. The committees were requested to report, and submit their labors to a fuller convention, which was enjoined to meet on the first Monday in August. In the interval the several committees prepared their work. When the convention, which consisted of one hundred and sixty-seven delegates, met, the committees presented their reports. A constitution was completed, and arrangements made for its acceptance or rejection by the votes of the people. Though some members of the convention were sanguine of success, the majority thought that the result would be adverse, and sought to provide against such a contingency. The day set for voting on the constitution and movement for a state, was the first Monday in September. The convention therefore resolved that should the constitution be rejected, a delegate to Congress should be elected on the first Monday in October. The delegate would represent Jefferson Territory--the name given by the convention to Arapahoe county, or Pike’s Peak gold regions. On September 4th the votes far or against the constitution were cast, and resulted in 2,007 against, and 649 for, that instrument. A short time (about ten days) before the October election, it was proposed, at a mass meeting held in Auraria, that on the day a delegate to Congress was elected, delegates should be chosen to form a Provisional Territorial Government. The proposition was adopted. Accordingly, on the first Monday in October this double election took place.

The governor of Kansas, in 1859, had issued a proclamation that Arapahoe county be established, and that a representative be elected. The Arapahoe county election for Kansas officials was therefore also held. Captain Richard Sopris was elected representative, and was the first member from Arapahoe county admitted to a seat in the Kansas legislature. An event, worthy of relation, is the arrival of the Leavenworth and Pike’s Peak express, May 17th, 1859. This assured direct communication with the capital of Kansas, and thence with all the States. It was a day of congratulations, and one to be remembered. Another noticeable matter of record is the visit of Horace Greeley, editor of the _N. Y. Tribune_, who witnessed, with extraordinary interest the operations of gold mining. A letter, to which he attached his own signature, was published June 6th, 1859. This letter set forth in strong language the large returns of the mines and placer diggings. As a consequence, another immigration that fall largely increased the population.

At the October election above mentioned, B. D. Williams was chosen delegate to Congress. He was the exponent of the August convention, and entrusted with the mission to memorialize Congress to separate the Pike’s Peak region from Kansas, and organize it into a territory under the name of Jefferson. The other delegates chosen were instructed to form a Provisional Government. Eighty-six delegates met in convention. They entered upon their duties with great earnestness. A new constitution, called the “Organic Act of the Territory of Jefferson,” was framed and adopted. Other important measures received their approval. The territory was divided into legislative districts. A full state ticket was nominated, and an election ordered for the fourth Monday of October, the same month in which they had been elected, had convened, had acted. The election took place; 2,000 votes were cast in twenty-seven precincts. The Provisional Government was adopted, a full corps of legislators chosen, and, indeed, all but one of the entire ticket elected. The purpose of the parties who had determined on a Provisional Government ran swift to its fulfillment. The legislature thus suddenly and questionably brought into existence, met and began their session. The message of the governor, R. W. Steele, was received with the usual formalities, and the session was passed in diligent legislative labors. Many general and special laws were enacted; nine counties were organized; a poll-tax of one dollar was imposed, and a committee appointed to report full civil and criminal codes to an adjourned session, January 23d, 1860. In each of the nine newly organized counties the governor appointed a Probate Judge, to hold office until the regular county election on the first Monday in January, 1860. The legislature met pursuant to adjournment, and for the remainder of the session devoted their attention to the report of the committee. Full civil and criminal codes were finally adopted. An _imperium in imperio_ was now fairly established. Right in the midst of the Kansas Government stood the Provisional Government. The first resistance to the authority of the latter, and protest against its legality, arose from the Arapahoe county officials, who were elected according to Kansas territorial law, and were, therefore, beyond a doubt, legal. Besides this, a remonstrance against the per capita tax, signed by seven hundred miners, was sent down from the mountains. In the valley, therefore, the Kansas and the Provisional governments held divided sway; and in the mountains the Miners’ Courts and the Provisional Government contended for the mastery. Golden was the only settlement that wholly submitted to the Provisional Government. In truth, the authority of the Kansas officials was never fairly recognized, and they soon ceased to have even a nominal existence.

From 1858 to some time in 1861, two kinds of courts existed in the Pike’s Peak region, whose decisions were final. These were called the People’s Courts and the Miners’ Courts. The People’s Courts were improvised assemblies of the people, who convened to adjudicate criminal cases, such as murders, homicides, and other felonies. They were usually presided over by a probate judge or justice of the peace. The extreme penalties were hanging, lashes on the bare back, and banishment. The Miners’ Courts were differently organized. Pursuant to a general call, all occupying a mining district met together. They fixed the limits of their district, adopted a miners’ code, defined the duties of officers, and elected them for the ensuing year. A president, judge, sheriff, collector, surveyor, and recorder, who was _ex officio_ treasurer and secretary of the district, composed the officers of the court, who were all responsible to the superior tribunal, the Miners’ Meeting. These courts settled all claims and offences in mining districts. When a case was not settled in the courts, it was carried to the Miners’ Meeting. There was no appeal from their decision. The courts organized under the Provisional Government were respected by the people, and their decisions accepted with general satisfaction. In Denver and some other places the People’s Courts alone were recognized.

The year 1860 witnessed great activity in mining throughout the mountains. April 3d, 1860, Denver and Auraria, by mutual agreement of the citizens, were consolidated. During this year the celebrated Consolidated Ditch, constructed for mining uses, was completed. In the fall of 1860 Edward M. McCook was elected representative to the Kansas legislature. It is certain that no bills were passed for the benefit of his constituents, who formed a very small minority of the people, and it is a matter of doubt whether he received more than his mileage. On New Year’s Day, 1860, Denver had two hundred and Auraria four hundred houses, with a combined settled population of one thousand. At the close of 1860 it was estimated that sixty thousand people, chiefly transient, were in the Pike’s Peak country, and the population in and around Denver, four thousand.

The Pony Express, which started simultaneously from St. Joseph, Missouri, and Sacramento, California, April 9th, 1860, and which was conceived and made a success by the bold enterprise of W. H. Russell, Esq., was an event of unusual consequence to the whole nation. Telegrams from New York, by this conveyance, were delivered in San Francisco in eight days and four hours, and letters from San Francisco reached St. Joseph, Missouri, in eight days and nine hours. The great Pacific Mail Steamship Company had, for about ten years, held the contract for the transportation of the U. S. mails. This service realized a million dollars annually. By this line the transit of the mails took twenty-three days. But this achievement of the pony express, reducing the time to eight days and nine hours, induced the government to change the route for the Pacific mails. The contract was given to Butterfield, who sub-contracted to W. H. Russell, through whom the Pike’s Peak gold regions soon had ample mail facilities. On May 1st, 1860, began the publication of the _Rocky Mountain Herald_, daily edition, whose racy columns drew an encouraging patronage. In August, 1860, the first mail service was extended to the mountains. During this year, considering the number of lawless and reckless men congregated in this new country, comparatively few crimes were committed. The criminals guilty of murder were tried by a People’s Court, sentenced, and hanged. During the summer months Denver was overrun by a crew of desperadoes and robbers, who, if resisted, did not hesitate to use any violence. They assailed the office of the Denver _News_, and forcibly, with intent to kill, abducted the editor for his unsparing condemnation of their outrages. But the career of one of them was ingloriously terminated, being shot down by the citizens, and the fate of others speedily determined by the People’s Courts. The rest hurried away to other parts, where justice did not follow the offender so surely and so swiftly. In the mountains crimes, at first frequent, soon almost disappeared, owing to the vigilance and prompt action of the Miners’ Courts. At Washington the Congressional delegate indefatigably pressed the petitions of the people, and urged the necessity of immediately organising a territory. Thus 1860 passed.

The next year, so full of great events, brought the desired relief. On the 26th of February, 1861, a bill passed Congress designating the boundaries of the new territory of Colorado, which embraced portions of Kansas, Nebraska, and Utah, and providing for its political organization and administration. The news of this important event was received with great demonstrations of joy.