Making Brick out of Straw: Delegate Hiram P. Bennet

Making Brick out of Straw: Delegate Hiram P. Bennet BY JASON H. SILVERMAN On 28 February 1863 Hiram P. Bennet took the floor of the United States House of Representatives and in an eloquent plea for his constituents declared that "with a coun try so vast, filled with all the things that go to make up the wealth of a great state, occupied by [the Coloradoans] so patriotic a people, suffering so much neglect . is it asking too much of Congress, for the dignity and patriotism of this people, to give this promising young commonwealth the op portunity to become a sovereign State of this Union?"1 Unfor tunately this request went unanswered as Colorado statehood remained some thirteen years away. Nonetheless, during his two terms in Congress, territorial delegate Hiram P. Bennet constantly lobbied for the interests of Colorado Territory and the West. His proposed legislation dealt exclusively with the needs of his own territory and with those of the territories in the Rocky Mountain region. One account of Bennet's perfor mance in Washington, D.C., on behalf of his constituents noted that when "Congress did not recognize [Colorado Ter ritory's] needs, he told it so; when Congress attempted to interfere with its progress, he objected; [and] when he desired the aid of the National Government, he demanded it."2 Despite the restrictions of his office, Bennet accumulated quite a successful record in keeping the interests of his region before Congress.3 He secured the approval of his colleagues on proposals to initiate geological surveys; to protect settlers' and 1 U.S., Congress, House, Congressional Globe, 37th Cong., 3d sess., 1863, 37, pt. 1:141 (hereinaf ter cited as Cong. Globe). 2 Bernhard O.J. Linnevold, "A Study of the Attitudes on Public Questions of Colorado's Territorial Delegates, 1861-1876" (M.A. thesis, University of Colorado, 1931), pp. 38-39. 3 A territorial delegate to Congress received the same salary as co ngressmen from the States, was allowed to introduce bills and participate in debates, but possessed no official vote on measures before the House and was prohibited from serving on committees. Delegate Hiram P. Bennet 311 law in Missouri, practiced his profession and served as circuit court judge in Iowa, and ran as a candidate for delegate in Nebraska Ter~itory-all before he reached the age of thirty. Unsuccessful m that first election in 1854, he prevailed in 1856 and became a member of the Nebraska Territorial Council. In 1858 Bennet was elected to the Nebraska Territo Judge Hiram Pits rial House. of Representatives where he served as speaker. Bennet-Denver The followmg year he moved to Denver to resume his law lawyer and first city practice.4 public prosecutor, In July 18?1 whe~ the Unionists of Colorado Territory met first delegate to Congress from Col to c~oos~ their c_andidate for territorial delegate in the first orado Territory elect10n ~n the history of Colorado Territory, they nominated (1861-65), Denver a man with a strong background in politics and law, Hiram P. postmaster (1869- Bennet. According to one noted historian, this choice "indi 74), and state c~ted both the _professionalism of the Colorado political fron senator from tier and the middle-class and middle-western backgrounds of Arapahoe County in many of the Denverites. It was characteristic of him Colorado's first legislative [Bennet]-and many of his constituents-that he had been assembly-settled in both a Douglas Democrat and a Free Soiler, but now was Denver in 1859. shrewd enough to run on a vague 'Union' ticket."5 Bennet's opponent ~n this election was Beverly D. Williams, delegate and lobbyist from the recently defunct Territory of Jefferson. Williams was nominated by the People's party of Colorado.6 miners' rights against Indian encroachments; to establish With.accusat~ons of secessionism surrounding Williams, a mineralogy controls; and to prohibit taxation without rep· ~entuckian by birth, the political campaign soon turned from resentation. Bennet also proposed legislation to provide for iss~e~ of p~r~onality and policy to the spectre of regional the construction of a branch mint at Denver, a public library, nativity. Wilham Byers, the staunchly Republican editor of a penitentiary, and various post roads within Colorado Terri· the ~nfluenti~l ~enver Rocky Mountain News, continuously tory. To the surprise of his fellow congressmen, he even in· published editonals damaging to Williams. At one point, troduced an amendment that would preserve buffalo from Byers concluded that Williams's "sympathies are positively wanton slaughter, and one that would print territorial laws in known to be on the side of the rebellious states."7 The Denver Spanish. For defending their interests, Bennet won the ap· Weekly Colorado Republican joined the News in assaulting preciation and the gratitude of Colorado residents while con· currently receiving the widespread respect and praise .of ' For the next fifty-~ve Y.•ars Bennet served the people of Colorado in a variety of posts. He was Colorado Temtory s irutial delegate to Washington; secretary of the state in 1867; Denver's members of the House of Representatives. Nevertheless, his· is~:,'a":;:;r !~om 1869 to. 1874; state senator during the first Colorado State Legislature in torians have perennially neglected Bennet and his role as • a . tate Agent from 1888 to 1895, "recovering lands belonging to the State of t~e :;;i1~rado which had been wrongfully disposed of." Bennet retired from active duties and from first delegate to Congress from Colorado Territory. To thi~ s .aw practice in 1899 and remained in Denver until his death in 1914. 0 Bio~rophical Directory of the Americon Congress, 1774-1971 (Washington, D.C.: Government date there has been no substantial, published appraisal Prh1tmg Office, 1971). p. 580; obituary, Trail Magazine 7 (November 1914):27-28; Jerome C Smiley, H18tory of Denver (Denver, Colo.: Times-Sun Publishing Co., 1901). p. 496; Frank Hall. Bennet as Colorado's first official spokesman in Washington. , History of the State of ColonuU>, 4 vols. (Chicago, Ill.: Blakely Printing Co., 1889), 4:366-67. ' D.C. In this essay, therefore, Bennet's performance as a con· Howard R. Lamar, The Far Southwest, 1846-1912: A Territorial History (New York: W.W. ~orton & Co., 1970), pp. 232-33; Hubert Howe Bancroft, History of Nevada Colorad-0 and gressional delegate will be analyzed and evaluated. P yommg (San Francisco, Calif.: History Co. Publishers, 1890). p. 429n. ' ' By the time he arrived in Denver in 1859, Hiram. · • The . People's party of Colo~ado was actually the Peace Democratic party or Democrats Bennet had acquired a great deal of experience in territor:j predisposed toward compronnse rather than secession. politics. Born in Carthage, Maine, in 1826, Bennet studi ., Denver Rocky Mountain News, 25 July 1861. Delegate Hiram P. Bennet 313 victim of injustice and discrimination. But, perhaps his strongest argument on behalf of his constituents in this re gard stated: the people settled [Colorado Territory) two years before Congress knew there was such a country. They have expende~ thousands of dollars there in improvements. They A congressional del have built towns, and I may say have built a city there. egate from the pro- Ther_e are hundreds of thousands of dollars invested in the visional Jefferson pubhc lands ther~, and yet Congress has not appropriated o~e dollar for their survey. The committee is now asked to Territory, the unof give us an appropriation for surveying, not unoccupied ficial predecessor to lands, but lands that have been occupied by settlers two Colorado Territory, years, who have thousands of dollars at stake in improve Beverly D. Williams ments on them.... We only ask the sum of $25,000 . was a superinten and we ought to have it. 10 dent in Denver for the Leavenworth ClearlY_, Bennet's intention was not to grid all of the public and Pikes Peak Ex lands m the territory in order to open the market to press Company in speculators. On the contrary, his sole purpose was to survey 1859. land t~at ~ttle_rs had. already inhabited and developed. This latter JUsbficat10n ultimately precipitated Bennet's fight for the preemption rights of Coloradoans. The preemption law of 1841 gave squatters on public land the Williams candidacy and remarked that "Beverly D. the opportunity to buy their land first. The law declared that Williams ... is a Union [man) in name [but) secession in :'.the head,o_f a family, who had settled 'in person' on land and principle." 8 Such adverse publicity severely damaged improved it, had first choice or claim to buy his land, up to Williams's campaign, so when Coloradoans went to the polls 160 acres, at the minimum government price" of $1.25 per in August 1861, Bennet overwhelmingly defeated Williams.9 acre. 11 Preemption rights actually encouraged settlers to oc Four months later Bennet took his seat as a delegate in the cupy land and to invest in it before government surveyors House of Representatives at the Second Session of the and land speculators-arrived. Bennet wished to ensure that Thirty-Seventh Congress and began two successful terms of Coloradoans who preceded the land surveys would be entitled service. During both of his terms, Bennet offered and supported to these preemption rights. He commented, when asking for key amendments that dealt with the closely intertwined top more m01_iey for surveys of lands already occupied, that "I ics of surveys and the rights of preemption. One of his shall [ultimately) ask that the preemption laws be extended earliest proposals attempted to emend the Civil Appropri over [Colorado) Terri~ry,_ in order that our people there may PW:chase by preempt10n rights at $1.25 per acre the homes in ations Bill by increasing the allotment "for surveying the 12 public lands and private land claims confirmed in Colorado which their all is invested." Thus, the appropriation ex Territory" from $5,000 to $25,000.

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