The government of the people of the state of Colorado

Front matter

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Introduction

1. "A State is apolitical community of free citizens occupying a territory of defined boundaries, organized under a government sanctioned and limited by a written constitution, and established by the consent of the people. Each State or Commonwealth maintains a republican form of government, which is guaranteed by the United States."

In an analysis of the above definition the following points are prominent :

(1) The Land,

(2) The People,

(3) The Laws,

(4) The Government.

The civil government of Colorado, or of any State, must consider the people as an organized unit, having a designated abode ; and as having officers cliosen to enact and administer laws according to the will of the people. The objects of civil government are (1) to secure justice and (2) to advance the interests of the common weal.

2. The Land. — In this age, wandering tribes, held together by an identity of interests only, do not constitute a State. Since the introduction of agriculture the people have become more and more attached to some particular locality. A fixed abode has fostered the home and familysentiment. The land, then, as the theatre of the people's activities, is one of the permanent elements of the State. - The name Colorado designates not only the political organization of free citizens, but 'also the land comprised within certain specified limits.^

The character of the land — its fertility, resources, location and extent — determines the occupations of the people. The occupations of the people, together with their former training, determine the form of government for the State.

A State with fertile soil and favorable climate, extensive forests of timber, and vast stores of minerals, requires a form of government and special laws that will regulate agriculture, lumbering and mining. The special laws of a State containing a navigable river will probably pertain to commerce.

The chief resources of Colorado are (1) fertile soil and (2) a great variety of minerals. These resources indicate the occupations of the people, and the occupations in turn indicate the special character of the laws of the State.

3. The People. — The habits and customs of the people, their former political training and education, modified by the physical environment, indicate the peculiar form of laws which a free State will possess. Many States contributed to the pioneer population of Colorado. The Middle States east of the Mississippi, especially central and southern Illinois, furnished the largest number, hence the political ideas of the people from those States have been re-enacted in this State.

Even after the government has been organized the subsequent laws at any given time will depend on the training, temper and needs of the people who constitute the

^ See Constitution, Art. L

INTRODUCTION. (

citizenship of the State. The laws of Colorado differ from those of Massachusetts; those of California, from those of Iowa. They differ because the people have different needs, and have different ideas concerning laws.

It is necessary to study the history of the people as a basis for any work on civil government.

4. The Laws. — The laws of Colorado are either enacted directly by the people or indirectly by the representatives of the people. The people enact the organic or fundamental law of the State. This law is called the Constitution. It describes the framework of the government, the powers and duties of officers and the rights of the people. The Constitution can be changed only by the will of the people; no officer can change it.

The Constitution provides for its own amendment by the people, that it may be adequate for the constantly widening demands of society.

Throughout the Constitution such expressions as, " unless otherwise provided by law " and " as shall be provided by law " occur frequently. In this way authority is given to the General Assembl}^ to enact laws indirectly for the people. These are called statutory laws. They must not conflict with the organic law enacted directly by the people. Statutory law, especially that enacted by the first General Assembly, is very important. Many of these laws provide for the regulation of mining, irrigation, agriculture and stock-raising, for, next to the freedom of the people, these are the subjects of greatest importance.

The laws of the State are constitutional law, the statutory laws, the interpretation of the courts, and that which cannot be expressed in written form — the character of the people. It should be understood that back of the laws, to give them authority, and back of the government to make it efficient, is the will of the people.

5. The Government. — By means of the ballot the people elect representatives or officers. Theoretically, officers are only individuals in the State ; practically, however, while invested by the people with civil authority they constitute the government. The government is concerned with enacting, administering and interpreting laws. While acting as the government, officers are held strictly responsible for their official acts. They may be impeached and tried for malfeasance in office.

6. The Constitution and the laws of Colorado must not conflict with the Constitution and the laws of the United States ; but the government of the State is supreme within its sphere. Questions of National policy often overshadow local questions, but home government in the school district, in the county and in the State has more to do than National government in matters connected with the home, the family, and the daily life of the citizen.^ Through a thorough understanding of local affairs the citizen more readily comprehends the needs of the National government. Active participation in the government of small local units should be the watchword of every citizen. It is only in this way that this will be " a government of the people, by the people, and for the people."

^ " It will not be denied that the State government touches the citizen and his interests twenty times, where the National government touches him once.'^ — James A. Garfield.

** An American may, through a long life, never be reminded of the Federal government, except when he votes at presidential or congressional elections, lodges a complaint against the post-office, and opens his trunk for a custom-house officer on the pier at New York when he returns from a tour in Europe. His direct taxes are paid to officials acting under State laws. The State, or a local authority constituted by the State statutes, registers his birth, appoints his guardian, pays for his schooling, gives him a share in the estate of his father deceased, marries him, divorces him, entertains civil action against him, declares him a bankrupt, hangs him for murder. The police that guard his house, the local boards which look after the poor, control highways, impose water rates, manage schools—all these derive their legal powers from the State alone." — Bryce's American Commonwealth,

William Gilpin, First Governor of Colorado Territory.

Chapter II. Historical Sketch Of Colorado

General Description of Colorado.

7. Colorado is one of the highest States in the Union, being situated partly in the great phiin of the Mississippi valley, and partly in the Rocky Mountain region, between latitude 37° and 41° north, and longitude 102° and 109° west from Greenwich. Its length from east to west is three hundred and eighty miles ; its width from north to south is two hundred and seventy-five miles. In area (103,925 . square miles) it ranks as the fifth State in the Union.

The territory included in this vast area was acquired by the United States in three tracts : the territory north of the Arkansas River and east of the summit of the Rocky Mountains was purchased from France in 1803 ; that south of the Arkansas River and east of the Rio Grande was purchased from Texas in 1850; the remainder of the State was acquired by the Mexican cession of 1848/

Discovery and Exploration.

8. In 1540 Coronado, a Spaniard, set out from Santa Fe in search of the seven cities of Cibohi.^ He reached these cities, but found the stories about gold to be false. The natives directed him eastward. His account relates that he reached latitude 40° north, somewhere on the southern boundary of Nebraska. This explorer is supposed to have been the first white man within the present limits of Colorado.

In 1776 another Spanish exploring expedition, under the command of Escalante, set out from Santa Fe, with the intention of exploring a route from Santa Fe to the coast of Upper California. This company traversed the western part of Colorado through the territory of the CliflFdwellers ^ north to where the White River enters Utah.

9. The next account of exploration in this territory is that of Lieutenant Zebulon M. Pike. The vast territory known as Louisiana had been transferred by Napoleon to the United States in 1803. This territory was an unknown land. The government at Washington was desirous of having it explored. Lieutenant Pike was sent out to explore the source of the Red River. In 1806 he beheld

^ For a history of these acquisitions see any standard United States History.

'^ The Indians reported to the Spaniards that to the northward were located seven cities comparable in size to the City of Mexico. These cities were supposed to be very wealthy in gold and silver.

^ In the south-western part of Colorado there are found the remains of an extinct race, known as the Cliff-dwellers.

the stately peak which now bears his name. In his diaryhe thus refers to it: " 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."

10. A second expedition was fitted out by the government in 1820, and placed under the command of Col. Stephen Long. In the early summer he reached and followed up the South Platte River, and discovered the giant peak to which his name has been given. Col. Long carefully examined the territory from Long's Peak to Pike's Peak. His report to the government described most of the territory west of the Missouri River as a desert. As a result of this report no more exploring expeditions were sent out by the government until 1842.

11. Col. John C. Fremont, the illustrious "Pathfinder," had charge of the expedition of 1842. Upon his arrival at California Crossing (Julesburg) he sent a detachment of his forces to Fort Laramie. With the rest of his command, he proceeded up the South Platte to Fort St. Vrain, a trading-post seventeen miles east of Long's Peak, and one hundred miles north of Pike's Peak. He turned north and explored the country beyond the limits of Colorado. In 1843 Fremont made surveys of the country north and south of the Divide and mapped out the main geographical features of Colorado.

None of these explorers knew for a certainty that there was gold in this region, although Fremont's reports bore testimony to the mineral character of the country.

Early Settlements and Discovery of Gold.

12. Trappers, hunters and scouts are the forerunners of builders of forts; the builders of forts and the defenders of the frontier blaze the way for a subsequent civiUzation. The early work of such scouts and guides as Carson, the Bents, the St. Vrains, Bridger and Maxwell guided those who followed them and whose genius for civilization has builded an empire.

The first place in Colorado for the haVjitation of white persons was a stockade built by Lieutenant Pike for winter quarters in 1806-7, near the present town of Caiion City on the Arkansas River. He also established a block house in the San Luis valley. In 1826 the Bent brothers and Ceran St. Vrain, who were experienced trappers and traders in the service of the American Fur Company, erected a rude trading-post nearly midway between Canon City and Pueblo on the north bank of the Arkansas River.

In 1828 the Bents moved to a point a few miles east of the present town of Las Animas and erected a structure which was known as Fort William in honor of Colonel William Bent.

In 1854, after the destruction of Fort William, Col. Bent built another fort several miles west of the original fort. This was leased to the government in 1859. In 1860 Col. Sedgwick, aided by Col. Bent, began the construction of a fort at the mouth of the Purgatoire River. This was first named Fort Wise, in honor of Governor Wise of Virginia, but subsequently the name was changed to Fort Lyon.

13. About 1840 a settlement was made on the present site of Pueblo by Charles Bent, Lupton, and St. Vrain. They also made a settlement thirty miles above, at Hardscrabble. Fort Massachusetts was established in the San Luis valley in 1852. It was dismantled in 1858, but was rebuilt and called Fort Garland.

14. In 1858, on the banks of the Platte a few miles above Denver, a settlement was made and named Montana City. The same year a party of nine selected the east side of Cherry Creek, near its mouth, for a town site, and gave it the name of St. Charles. About the same time another company selected the west side of Cherry Creek for a town

B site, and named it Auraria. The name of St. Charles was soon changed to Denver in honor of the governor of the Territory of Kansas. An intense rivalry existed between Denver and Auraria (West Denver) until 1860, when the two towns were consolidated under the name of Denver. The first settlers came to Boulder county in 1858. South Park, Golden, Colorado City, Boulder, and Russellville were settled in 1859.

15. A party of Cherokee Indians, in 1852, on their way from Georgia to California, discovered gold in a small tributary of the Platte. Exciting reports of gold induced many persons to leave their homes in the East for the Pike's Peak country. In 1858, W. Green Russell of Georgia prospected for gold along Cherry Creek and the Platte. His search was rewarded by finding gold in paying quantities. John H. Gregory, in 1858, discovered rich veins of gold in the region about Black Hawk and Central City. The news of the gold discovery having been confirmed, the Pike's Peak country soon became filled with prospectors looking for wealth.

Attempts at Government.

16. The population of the Pike's Peak country was of a cosmopolitan character. All elements were represented ; but the Anglo-Saxon genius for government soon asserted itself. The first effort at local government is to be found in the courts which administered justice.

On the plains, the People's courts held sway; in the mountains, the Miners' courts had jurisdiction.

In the People's courts persons accused of crime were tried by hastily improvised assemblies of the people themselves acting as a jury, presided over by a judge selected for the purpose. The accused person was assigned an attorney to defend him and was given a fair trial.

The Miners' courts acted under a different organization. Pursuant to a public call all the miners of a district met.

organized the district, elected a president, judge, sheriff, collector and surveyor for the ensuing year, prescribed their powers and duties, and enacted a " Miners' code." The court was responsible to the Miners' Meeting. A case not settled by the courts was carried directly to the Miners' Meeting, from which there was no appeal. The judicial machinery of the People's and the Miners' courts was not extensive, but the decisions were usually on the side of justice.

IT. A large portion of what is now Colorado was included in the original Territory of Kansas, but the Kansas officials restricted their operations to the eastern part of the Territory, and the government of the Pike's Peak country was neglected. A convention of people, acting as citizens of Kansas, was held at Auraria in November, 1858, and a county formed and named Arapahoe, after a neighboring tribe of Indians. The convention elected Hiram J. Graham as delegate to Congress and Andrew J. Smith as representative to the Kansas legislature. Graham was instructed to petition Congress to form the county of Arapahoe into a Territory. Smith was to endeavor to secure a seat in the Kansas legislature and to have the organization of Arapahoe county confirmed. The efforts of both these gentlemen were fruitless, except that the county of Arapahoe was confirmed by the Kansas legislature.

18. As the population was constantly increasing, an established form of government became indispensable. On April 11, 1859, a mass meeting was held at Auraria. At this meeting it was determined to hold a delegate convention. This convention, held April 15th, determined on " the formation of a new and independent State of the Union." At a delegate convention on the first Monday in June, the work of drafting a Constitution was entrusted to eight committees. These committees were empowered to prepare the Constitution and present it for consideration to a larger convention to be held the first Monday in August. At this convention in August a Constitution was completed which was to be submitted to the people for acceptance or rejection. On September 4th the Constitution was rejected by a large majority.

19. On Monday October 3d, Beverley D. Williams was elected to memorialize Congress to organize the Pike's Peak country. Delegates were elected at the same time to form a Provisional Territorial Government. The delegates chosen entered upon their work with earnestness. The new Constitution was called the '^Organic Act of the Territory of Jefferson." On Monday October 24th, officers were elected for the Territory of Jefferson. Robert W. Steele was chosen governor. The newly elected legislature met and formally received the message of Governor Steele, and enacted a full criminal and civil code. A contest between the Kansas officials of Arapahoe county and the officials of the Territory of Jefferson was waged for supremacy. The Kansas officials finally ceased to have more than a nominal existence. The Provisional Government continued until the Territory of Colorado was organized.

Colorado as a Territory.

20. The Territory of Colorado ^ was organized by an act of Congress approved February 28, 1861. The act provided for the appointment of a governor and other Territorial officers, including judges of the Territorial supreme court. The Territorial legislature consisted of a Council and a House of Representatives.

21. In 1861 the Federal officers arrived, and on May 29, 1861, civil government in Colorado, under the authority of the National government, was regularly established.

^ Colorado takes its name from the Colorado Eiver. This river was so named from the color of the water; Colorado being the Spanish name for red.

William Gilpin was the first governor of the Territor}^. Soon after assuming office he made a tour of the settlements to acquaint himself with their needs. At all points of this journey he was given an ovation, for the people felt secure when under the strong arm of the Federal government. Gilpin has been called the " Founder of Colorado." When asked what he was doing in the West, he invariably replied, '' I am founding an empire." He lived to see his statement verified.

In compliance with the provisions of the act organizing the Territory a census was taken ; the population was found to be 25,329. The Territorial supreme court was established July 10, 1861. On July 11th the governor issued a proclamation declaring the Territory one congressional district, and this was divided into nine council and thirteen representative districts. On August 19th, Hiram P. Bennett was elected delegate to Congress, and on the same day the members of the Territorial legislature were elected. The legislature convened September 9th. Full civil and criminal codes were adopted; in mining legislation the authority of the Miners' courts was recognized, and provision was made for tlie transfer of cases from the Miners' courts to the Federal courts. The first legislature deserves great praise for its efficient work.

Governor Gilpin organized the first regiment of Colorado infantry, which was placed under the command of Col. John P. Slough. The Texan invasion of 1862 was repelled by this force. During this year a strong tide of immigration set in.

22. Governor Gilpin was succeeded by Dr. John Evans in April, 1862. During 1862-3 two regiments of Colorado cavalry were raised. They won renown in their movements in Missouri against the Confederates commanded by General Price. In 1863 a branch telegraph line was completed from California Crossing (Julesburg) to Denver.

2— Col

During this year there was a great boom in the mining business. In the spring of 1864 the Indians of the plains combined to exterminate the whites. They attacked coaches and wagon trains, massacred the inmates of exposed settlements, and scalped and mutilated helpless women and children. At Sand Creek,. about twenty miles northeast of Lamar, Col. Chivington, with a body of United States troops, attacked a party of seven hundred Cheyennes and completely annihilated them.

23. In 1864 the Colorado legislature petitioned the thirty-eighth Congress to pass an " enabling act" providing for the admission of Colorado as a State. The enabling act was passed by Congress, but the Constitution prepared by a convention under the authority of the enabling act, when submitted to a vote of the people was rejected, in October, 1864.

24. In 1865 there was another outbreak of the Indians, which was quelled by United States troops.^ In this year another Constitution was framed by a convention and adopted by a vote of the people. At this time Congress was not disposed to admit Colorado as a State. An exigency arose, — Congress needed the services of another representative and two senators to assist in the impeachment of President Johnson. Another enabling act was passed, but it was vetoed by President Johnson.

25. Alexander Cummings succeeded John Evans as governor in October, 1865. During his administration Colorado enjoyed unusual prosperity. On May 27, 1867, Alexander C. Hunt became governor; he was succeeded by Edward M. McCook, June 15, 1869.

26. In 1870 the Denver Pacific railway was completed to Cheyenne, to intersect with the Union Pacific ; the Kari-

^ The early history of Colorado is replete with the records of heroic struggles with the Indians. The massacre of Nathan C. Meeker is a disgraceful blot on the Indian policy of the National government.

HISTORICAL SKETCH OF COLORADO.

sas Pacific also reached Denver from Kansas City durin*g this year. During this and the succeeding year, successful settlements were made at Greeley, Longmont and Colorado Springs. Soon after, many successful colonies were planted in the San Juan region.

Samuel H. Elbert succeeded Edward M. McCook as governor in 1873, but McCook was re-appointed in 1874. A bitter factional fight was waged among the members of the Republican party on account of the frequent change of Territorial governors. It was finally settled by the appointment of John L.

Routt as governor, March 29, 1875.

Through the efforts of Jerome B. Chaffee, delegate to Congress, a third enabling act was passed in 1875 providing for the admission of Colorado as a State.

Colorado as a State.

27. The admission of new States into the Union is provided for by the Constitution of the United States, but the conditions and mode of admission are left to be prescribed by Congress.^

The act enabling Colorado to become a State was approved by President Grant, March 3, 1875. On Monday, October 25, 1875, an election was held for delegates to form a State Constitution. The constitutional convention assembled Monday, December 20th, in the city of Denver. It

John L. Routt, First Governor op the State of Colorado.

^ See Thorpe's Course in Civil Government, page 61.

completed its work in eighty-six days/ There were thirtynine members in the convention. To their honor be it said, partisan political feeling was for the time quieted. The convention wrought earnestly, honestly and patriotically for the future of Colorado.

The convention issued an address to the people, which deserves to rank as a State paper of high order. The Constitution was submitted to a vote of the people July 1, 1876.'^ The majority in its favor was 11,381, which was duly certified to the President by Governor John L. Routt. President Grant issued his proclamation declaring Colorado a State of the Union, August 1, 1876.^ Thus was Colorado, " The Centennial State," ushered into the sisterhood of States during the celebration of the one hundredth anniversary of the Republic.

Resources of Colorado.

28. " The plains east of the mountains constitute about one-third of the total area, the remainder, in the middle, being mountains and parks, and the western, high mesa lands. The greater portion of the mesas can be cultivated if sufficient water can be brought over them for purposes of irrigation. The park and mountain region is, in general, too elevated for agriculture, but may be extensively util-

^ This was the third attempt at State government. The first was defeated by a vote of the people ; the second by the veto of President Johnson.

^ The Constitution of Colorado is among the longest of the State Constitutions. One excuse for the number of articles of the Constitution is, that Colorado has many separate and distinct sets of interests. Only a careful study of the instrument can reveal its excellence.

^ The first State election was held in October, 1876 ; John L. Routt was elected governor. In November, Thomas M. Patterson was elected representative to Congress. The first General Assembly convened at Denver, Wednesday, November 1, 1876. On November 14th the General Assembly elected Jerome B. Chaffee and Henry M. Teller United States senators.

ized for pasture ground for cattle, horses and sheep. The plains east of the mountains, which are all arable lands, can be made productive, and in a great many portions are producing large crops of cereals under systematic irrigation. Considerable portions of river and creek bottoms and uplands can be cultivated without irrigation. Sixteen thousand square miles of the State are covered by forests. The mineral lands located along the mountain slopes cover a large extent, although the aggregate of productive areas may not embrace many square miles. Four-fifths of the State has an elevation of 4000 to 10,000 feet. The lowest elevation on the eastern border is 3703 feet, and on the western 4435 feet. Along the foot-hills the average is 6500 feet. In the principal parks it ranges from 8000 to 9500 feet. The summit of the main range averages about 11,000 feet. Seventy-two peaks rise to heights ranging between 13,500 and 14,500 feet above the level of the sea. The highest mountain is Mount Blanca, which has an elevation of 14,483 feet.'^^

Because of the peculiar climatic conditions, the native grasses will nourish live-stock every month in the year. The live-stock industry is a source of great wealth ; Colorado is peculiarly adapted to sheep-raising. The oil-fields of Colorado are among the most productive of any State in the Union ; there are also mountains of iron, granite, marble and building stone, the value of which is unsurpassed. Zinc, lead and copper are plentiful.

Colorado leads the other States in the production of the precious metals — gold and silver; but the production of silver has been greatly reduced since the repeal of the silver-purchasing clause by Congress. Every quality of coal abounds in the State; in this respect Colorado is " a second Pennsylvania. Owing to the fertility of the soil and the perfected system of irrigation, Colorado is

^ From an article prepared by Prof. P. H. Van Diest for Hall's History of Colorado.

fast becoming a producer of the finest grains, fruits and vegetables. In no portion of the West is irrigation, the science of modern agriculture, better understood or more thoroughly developed than in Colorado/

The natural scenery of this State is more varied, beautiful and wildly picturesque than that of any country in the world.

The Future of the State.

29. Since Colorado became a State in 1876, its history has been one of progressive development. The intelligence, the enterprise, and the moral earnestness of the people have imprinted the stamp of an advanced civilization on the character of the State. In accordance with the true American idea, the church accompanies the school. Vigorous churches of all denominations and an able ministry are keeping step with other forces w^hich are rapidly telling for true stability and growth.

What shall be the future of our State? That future depends on the men and women, the boys and girls of to-day. It is they who make the State. Throughout the wide world there is no other land so full of opportunities as our own. We are free to make our institutions ideal in their perfection. But our civil institutions depend on the citizen for their strength and character. He makes the government in school district, county, State and Nation. His interests are entrusted to public servants of his own choosing. Upon him fall both the responsibilities and the blessings of free government.

At the fireside we hear the story of Washington and Lincoln ; in school we learn of the making of the States

^ The following table is interesting :

Acres farmed by irrigation (1895) 2,100,000

Value of products per irrigated acre $14.

Value of products of irrigated lands $29,000,000

Value of products of lands not irrigated .... $1,500,000

The Royal Gorge on the Arkansas River, Colorado.

and of the Nation ; we learn the nature of the State, its organization and its administration. We leave school, and enter upon the active duties of life ; then our influence is for or against good government — we hinder or we promote the general welfare. Many years ago a child of five years became King of France. Until he was old enough to take upon himself the cares of his kingdom his guardians ruled in his name. On the day when he became of age his minister inquired of him, "" Sire, to whom shall I now report?" "To me," replied the king, '^ I am the State." And in this country, when a youth enters upon his manhood years, he may well say, '' I am the State. Its interests, its honor, its history, are mine also."