Introduction

Land ownership has always been at the core of America’s story.  This story begins long before there was “an America.”  To the first people to arrive here, America was just a place.  They may have had a name for it, but if they did, that name is lost in time.  It was where hunters and gatherers finally arrived, perhaps by accident, in the quest for food and shelter.  They came across a land bridge from Siberia, a migration that lasted until the land bridge disappeared below the surface of the Bering Straits.  Once here, they slowly worked their way from the far northern reaches of the continent southward toward a warmer climate, forming pockets of human habitation throughout North, Central, and South America.

This first discovery happened long before there was a place called Europe, beginning around 14,000 years B.C.  We may be curious about this migration, but finding answers is difficult because there are no written accounts of what transpired.  What we know of it comes to us from archeological and anthropologic studies.  We may call these people “native Americans” today, but they were no more native to the land than anyone who later migrated from Europe — they were only the first to arrive.

Europeans didn’t arrive in America until 15,000 years later.  The first of these were Norse explorers and settlers who made their discovery between 950 and 1,000 A. D.  Their stay was brief.  Their first adventure took them to Greenland and later to present-day Newfoundland (known to them as Vineland).  They didn’t stay long, but long enough to record their adventures as sagas.  Historians are interested in these stories, but as with all ancient tales, only a thorough investigation will separate fact from fiction.

Some historians suggest that were it not for these Vikings and their early discovery of the eastern seaboard of North America, the explorations and discoveries of Columbus, Coronado, Cartier, Hudson, and Cabot may have been delayed. Still, word of a new-found-land made its way southward in Europe, and combined with man’s natural curiosities, Columbus eventually bumped into what later became known as the American Continent.

America’s Land

Native Americans never had any questions about who owned the land in America.  The land belonged to the Great Spirit.  But control of the land was an entirely different matter.  In that sense, the land belonged to the strongest tribe.  American Indians jostled with one another for that title for thousands of years.  Indian hostility was a fact of life in America long before the first Europeans appeared from across the sea, and it always centered on the question of territorial domination.  Life in America may have been simple, but that didn’t make it any less dangerous.[1]

When the Europeans finally did arrive in North America, they brought with them, in addition to shiny trinkets, a new reality for the American Indian.  European technologies made these new arrivals into the newest and strongest tribe.  The Indians had superior numbers, but the Europeans had superior firepower and interesting, useful, and shiny things that fascinated the Indians.  To obtain these new toys, the Indians were happy to barter away land they didn’t own and equally delighted, initially, to allow the Europeans some control over it.

We can discern some similarities between the Indians and Europeans, particularly regarding control and land ownership.  Both groups understood the importance of maintaining a strong tribe, and both groups believed “someone else” owned the land.  In the minds of Native Americans, the Great Spirit owned it; Europeans knew better.  Their king owned it.

According to tradition, the first thing Europeans did after setting foot on American soil was proclaim that land as Spanish, French, Dutch, or British territory in the name of their sovereign.  Having made that proclamation, the land and everything on it belonged to their king.  Everything — the people, the animals, the vegetation, the waterways, and all materials extracted from under the ground.

The king, whether Spanish, French, or British, expected his emissaries to rule this new land in his name and with his absolute authority.  Under the concept of the divine right of kings, European monarchs sent forth their subjects to settle the land, claim dominion over it, defend it, and make it economically viable.  This was the duty of the colonists and settlers — at least initially.

How the Problem Evolved

European laws allowed landowners to sell their holdings to whomever they chose.  But the king’s rules were different in the New World.  In America, the land belonged to the monarch who claimed title to it, populated it, and controlled it.  In British America, colonial governors, as the king’s agents, granted licenses to settlers who wished to purchase land.  If Mr. Jones wanted to buy land, he could only purchase it from the colonial governor upon application and with the purchase of a license or title to hold that land.  If Mr. Jones later wanted to sell that land, he could only sell it to buyers who had a land purchasing license issued by the colonial administrator.

Indians who wished to sell (or barter away) their land could only sell it to the king’s agent or a private buyer who held the king’s license to purchase it.  Since the Indians didn’t actually own the land, trading it for shiny trinkets may have caused much levity.

The land’s potential for achieving great wealth made it valuable to Europeans.  Of course, the king had his rules, but his throne was thousands of miles away, beyond his immediate control.  He relied on colonial governors to enforce royal decrees.  Colonial governors quickly learned that the land distribution process offered them nearly unlimited opportunities for self-enrichment.

There was plenty of land and people interested in buying it.  With a constant flow of new arrivals eager for land, America was a gift that kept on giving.  Not only did these administrators collect money for land purchases, but they also collected money for licenses to buy or sell it.  They also profited from the bribes offered by wealthy men for the privilege of purchasing large tracts of Indian land.

What evolved was a vibrant land market in which natives were allowed to sell or barter away their land either to the colonial government or to private buyers licensed to make such a purchase.  These licensed land buyers became early America’s speculators — buying up vast acreages for a pittance and later selling it for a substantial profit.

Other men, who were not wealthy, wanted a piece of this action.  They devised a method of land fraud that began in the early settlement period and has become one of our more enduring traditions.  One scam involved falsified land deeds, made possible when men signed a fake name for a deed transfer.  There was never a shortage of dishonest men.  It was helpful to these corrupt men that the Indians were illiterate.  It was also beneficial to offer Indians copious amounts of liquid refreshments, which they called fire water.

On the other hand, Squatters didn’t bother with legalities — someone apparently told them that possession was 9/10ths of the law.  The issue became somewhat complicated when fraudsters illegally sold land that was already occupied by squatters, who weren’t inclined to vacate that land, and Indians who knew nothing about the transfer of land.  Expelling squatters might involve gunfights or a necktie party; trying to remove Indians would involve a little more.

Our Story

Pierre (Pedro) Vial was born in Lyon, France in 1746.  We know nothing about his life between his birth year and arrival in Spanish territory 33 years later.  But from that point forward, Pedro Vial’s accomplishments in the Old West were remarkable.  He was proficient in the Wichita language and instrumental in negotiating peace accords between the Comanche and Spanish authorities in San Antonio and Sante Fe and finding a route between those two cities.  Vial pioneered what would become the Sante Fe Trail.

In 1841, Governor Manuel Armijo of New Mexico granted a vast area of land to Charles Beaubien[2] and Guadalupe Miranda,[3] which at the time included a large portion of Northern New Mexico and present-day Las Animas County in southern Colorado.  In 1849, after New Mexico was ceded to the United States, Lucien B. Maxwell[4] moved to the area, married Beaubien’s daughter, and became part owner and manager of a vast land area.

Over several decades, a stream of pioneer families went to northeast New Mexico and southeastern Colorado, areas conveniently situated along the Santa Fe Trail.  Initially, Maxwell was lenient to transient settlers by allowing pioneers to settle and ranch on land within the Beaubien grant, allowing local natives to hunt, and leasing claims to miners.

In 1870, Maxwell sold the Beaubien grant to English investors.  These men formed the Maxwell Land Grant and Railway Company (MLGRC).  The transfer of the land was unpopular among local settlers because they never owned the land but lived on it as squatters (with Maxwell’s permission).  Animosity developed between MLGRC and the squatters who had become ranchers, miners — and Indians who hunted the land and interfered with the company’s efforts to develop it.

In 1873, settlers met to discuss the matter.  They agreed to arm themselves and to use deadly force to protect themselves and “their property,” if necessary.  Violence was triggered when Reverend Franklin J. Toby, an advocate for local settlers, was murdered by unknown persons.  Toby’s body was discovered in Cimarron Canyon in September 1875.  The settlers believed the MLGRC was responsible for Toby’s murder.  They also suspected gunman Cruz Vega as the man who did the killing.

Initially, Vega sided with Hispanic squatters — his uncle being one of the leaders of the Mexican sector.  But when Uncle Francisco and his family found themselves facing charges in the murder of three cavalry soldiers (during a card game), and were implicated in a separate killing, Francisco Griego made a deal with the Santa Fe Ring[5] and all charges were dropped.  Considering the Vega/Griego family’s reputation for violence and betrayal, Señor Vega became an easy target as a suspect in Toby’s murder.

The squatters hired gunfighter Robert Clay Allison[6] to form a gang and track Vega down — which they managed to do within a short time.  After using persuasive questioning techniques, Vega spilled his guts.  When Allison had no further use for Vega, he was hanged.  As soon as Uncle Francisco learned about the lynching, he swore an oath of revenge and wasted no time confronting Allison.  Francisco was laid to rest next to his nephew.

The MLGRC hired hooligans, as well.  They famously mounted night-time raids on settlers, set fire to their buildings, and killed anyone who fought back.  By this time, the Colfax Range War was in full swing, and Cimarron had become the last place anyone would want to spend a relaxing weekend.  Territorial governor Mark Giddings requested federal assistance from Fort Union — needed, he argued, to reinforce County Sheriff Isaiah Rinehart.

The introduction of soldiers into the conflict only made matters worse because the men used to quell the violence were from the 9th US Cavalry (Buffalo Soldiers), with whom the squatters harbored racial prejudices.  In one instance, several of these black soldiers got into a gunfight with a group of Texas cowboys at the St. James Hotel — the result was that the regiment was suddenly short three soldiers.  Later, Allison himself shot and killed a black sergeant in a saloon for no other reason than the sergeant entered a saloon where Allison was drinking.

Eventually, someone other than Vega confessed to Toby’s murder.  For his honesty, twenty gunmen hanged him in November 1876.  After this, local violence seemed to dwindle.  Allison was subsequently arrested and charged with murder but was allowed to leave New Mexico in December.  The MLGRC sold its interest in the land to a company in the Netherlands.

The new Dutch landowners ran into financial and legal difficulties when the federal government sued, claiming that the company illegally claimed public land in Colorado.  The case went all the way to the Supreme Court in 1887, with the high court ruling in favor of the Dutch company.

In 1885, one of the last gunfights of the Colfax County War occurred on the lawn of the County Courthouse.  One group, led by George Curry,[7] was assaulted by county deputies.  The shootout resulted in two men killed, one of whom was Curry’s brother.  Curry ended up pleading guilty to unlawfully carrying a firearm and was fined five dollars.

Eventually, some of the squatters left the area after selling their settled land to the Dutch company.  Still, most others continued living on the land until 1894, when they were evicted.  The last victim of the Colfax Range War was Richard Russell, shot and killed by company enforcers near Stonewall, Colorado in 1888.

Sources:

1. Caffey, D. L.  Chasing the Santa Fe Ring: Power and Privilege in Territorial New Mexico.  University of New Mexico Press, 2014.
2. Duffus, R.  The Santa Fe Trail.  Longmans, Green & Co., 1930.
3. Hogan, R.  The Life and Death of Clay Allison.  New American Library Press, 1961.
4. John, E. A. H.  Inside the Comancheria 1785: The Diary of Pedro Vial.  Texas State Historical Association, online.
5. Loomis, N. M. and A. P. Nasatir.  Pedro Vial and the Roads to Santa Fe.  Norman: University of Oklahoma Press, 1967.
6. O’Brien, W.  Merchants of Independence: International Trade on the Santa Fe Trail, 1827-1860.  Truman State University Press, 2014.
7. Peters, A.  Seven Trails West.  Abbeville Press, 1996.

Endnotes:

[1] Early America may have become part of Charles Darwin’s theory of evolution because it was a land where the strongest species survived, and the weakest withered away.

[2] Beaubien (1800-1864) was also known as Alexis Beaubien, Carlos Beaubien, and Charles Trotier.  He was a Canadian born American fur trader.  His land grant consisted of 2.7 million acres in northeastern New Mexico and Southeast Colorado, and in the Sangre de Cristo grants.

[3] Guadalupe Miranda (1810-1890) was a former mayor of Ciudad Juarez.  His land grant involved 1.7 million acres.

[4] Lucien Maxwell (1818-1875) was a mountain man, rancher, and scout.  He, Thomas Catron, and Ted Turner were/are among the United States’ largest private landowners.  A friend of John C. Fremont and Kit Carson, Maxwell served as chief hunter on several western expeditions of discovery.  When Maxwell married Beaubien’s daughter, Charles Beaubien gifted Maxwell 15,000 acres.  Maxwell took over management of the Beaubien estates after the Taos Revolt, where Governor Charles Bent and Charles’ son Narciso were killed.  Maxwell’s wife escaped death by escaping with her mother, Miranda.

[5] A cabal of powerful attorneys, government officials, and landowners/speculators that controlled New Mexico politics from around 1860 to 1930.  Among these men were Governor Sam Axtell, Stephen Elkins, Thomas Catron, and numerous other “enablers,” such as Governor Lew Wallace.  The MLGRC was also part of the Santa Fe Ring.

[6] On a list of extremely violent men, Allison would rank in the top tier.

[7] An up-and-coming New Mexico politician who later served as the 17^th Territorial Governor.

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