The Colfax County War, New Mexico – Legends of America
The Colfax County War, a tumultuous and violent conflict that unfolded in northeastern New Mexico from 1873 to 1888, stands as a stark reminder of the turbulent times of the American West. At its heart, this war was a bitter dispute over land ownership, with the contested territory once forming part of the colossal Maxwell Land Grant – the largest land grant ever bestowed in the United States.
The Maxwell Land Grant: A Sprawling Paradise
Originally granted to Charles H. Beaubien and Guadalupe Miranda in 1841 by the Spanish Government, this vast expanse of land encompassed significant portions of Colfax County, New Mexico, and Las Animas County, Colorado. Over time, Lucien Maxwell, who married Beaubien’s daughter, gradually acquired ownership and management of the grant, eventually buying out the other owners.
Spanning an area twice the size of Rhode Island, the Maxwell Land Grant was a land of breathtaking beauty and abundant resources. It encompassed the towns of Cimarron, Springer, Raton, and Elizabethtown in New Mexico, as well as Segundo and other settlements in Colorado. Towering mountain ranges framed the landscape, giving way to verdant valleys, crystal-clear streams teeming with fish, and rolling hillsides teeming with wildlife. During Maxwell’s stewardship, the area flourished, attracting settlers, miners, and travelers along the bustling Santa Fe Trail.
From Prosperity to Conflict: The Seeds of Discord
After developing the property and establishing various businesses, Lucien Maxwell sold the land in 1870 to Senator Chafee of Colorado and two associates for $650,000. He then sold his other assets on the property for an additional $100,000 and relocated to Fort Sumner, New Mexico. Senator Chaffee and his partners quickly resold the land to an English syndicate for $1,350,000. Just six months later, it was sold again to a Dutch firm in 1872. These new owners wasted no time in aggressively exploiting the grant’s resources, establishing a sales office in Cimarron, Maxwell’s former headquarters.
However, their expectations of a rapid influx of customers were soon dashed. Declining gold production and the looming threat of Indian attacks deterred potential buyers. Moreover, the settlers who had already established themselves on the grant resented the new owners’ heavy-handed attempts to collect rents, despite the Dutch company’s legal claim to the property.
The Squatters’ Resistance: Defiance Against Foreign Interests
One of the primary objectives of the new grant owners was the eviction of squatters who had settled on the land over the previous three decades. While these farmers and miners held a degree of respect for Lucien Maxwell, they harbored no such loyalty towards the absentee foreign firm. Having invested their lives and fortunes in building homes and businesses, the settlers were unwilling to leave, particularly given the contested nature of Maxwell’s title.
To dislodge the settlers, grant officials, in collusion with a group of lawyers, politicians, and businessmen known as the Santa Fe Ring, resorted to making false accusations against local residents. Two Cimarron citizens, attorney Melvin Mills and Dr. Robert H. Longwell, were known supporters of the Ring. In the controversial 1875 local elections, Dr. Longwell was appointed probate judge, while attorney Mills was elected to the state Legislature.
The Santa Fe Ring: A Web of Corruption and Intrigue
The Santa Fe Ring was spearheaded by attorney Thomas Benton Catron and his law partner, Steven Benton Elkins, who later became a Senator. The Ring’s members were carefully selected for their skills, political influence, or financial resources.
Cimarron had already earned a reputation for lawlessness, and as the hired gunslingers of the Land Grant company attempted to force off the squatters, tensions escalated, giving rise to the Colfax County War. Unfortunately for the settlers, they were outnumbered and outgunned from the outset.
Reverend Tolby: A Voice for the Voiceless
Reverend Franklin J. Tolby, one of two Methodist ministers serving the area, emerged as a staunch advocate for the settlers against the land grant company. The 33-year-old Tolby vehemently criticized the Santa Fe Ring, exposing their corrupt practices in a series of letters to the New York Sun. He publicly vowed to do everything in his power to dismantle the grant.
However, his outspokenness came at a price. On September 14, 1875, Tolby was found shot dead in Cimarron Canyon, between Elizabethtown and Cimarron, near Clear Creek. Robbery was ruled out as a motive, as the preacher’s horse, saddle, and personal belongings were untouched. It was widely believed that someone from the Land Grant company had silenced Tolby in retaliation for his views. Five days after his body was discovered, the Daily New Mexican of Santa Fe reported, "It is thought the murderer is a white man and paid for the job."
The Flames of Resistance: The Settlers’ Vengeance
However, Tolby’s murder did not quell the opposition to the land grant; instead, it ignited the flames of resistance. The settlers immediately blamed the Grant men and the politicians they believed were in their pockets. The Colfax County Ring, as the settlers called themselves, retaliated with a vengeance.
Reverend Oscar Patrick McMains, a close friend of Tolby, took up the cause, urging defiance and contempt for the contemptible. He declared, "The war is on; the precious blood of settlers has been shed, and we must fight it out on this line. No quarter now for the foreign land thieves and their hired assassins."
The Escalation of Violence: Vigilantism and Lawlessness
Despite a $3,000 reward for the murderer, Tolby’s killer remained at large, fueling McMains’s impatience. Rumors circulated that the new Cimarron Constable, Cruz Vega, was implicated in Tolby’s murder.
McMains sought the help of Clay Allison, a local gunslinger. On the evening of October 30, 1875, a masked mob, allegedly led by Allison and McMains, confronted Vega. The constable denied any involvement in the murder, blaming it on Manuel Cardenas. The mob refused to believe him, and he was brutally hanged from a telegraph pole. Overwhelmed by the violence, McMains fled midway through the ordeal.
Manuel Cardenas, implicated by Vega, was arrested and questioned in Elizabethtown ten days later. He claimed that Vega had shot Tolby, adding that Santa Fe Ring members Mills and Longwell were also involved.
Mills narrowly escaped a lynch mob in Cimarron and was later arrested. Longwell fled to Fort Union, seeking safety from Clay and John Allison, who were in pursuit.
During his trial, Cardenas recanted his accusations against Mills and Longwell, claiming that he had been coerced into implicating them at gunpoint by Joseph Herberger, who had been promised a political position by Mills and Longwell during the 1875 elections.
However, Cardenas was shot to death while being escorted back to jail one evening. The identity of his killer remained unknown, although many suspected vigilantes led by Clay Allison.
Later, the truth about Tolby’s murder emerged, suggesting that the parson had witnessed Francisco Griego shooting a man during an argument. When the man died, Tolby planned to seek an indictment against Griego, who orchestrated Tolby’s murder to silence him. The murders of Tolby, Vega, and Cardenas remain officially unsolved to this day.
Cimarron Under Siege: The Reign of Terror
The reign of terror gripped Cimarron, plunging the town into chaos. Violence, lawlessness, and fear consumed the residents, prompting many to abandon their homes and flee the area.
Guards were stationed at all entrances to Cimarron, and no one was permitted to leave without the Colfax County Ring’s authorization. By November 9, 1875, the Santa Fe New Mexican reported that Cimarron was under the control of a mob. Reverend McMains assumed the role of commander of the vigilantes, although Clay Allison was widely regarded as the true leader.
Government Intervention and Continued Strife
The Grant Owners petitioned the courts for permission to demand purchase or rent payments from the settlers, and on January 14, 1876, Governor Samuel Beech Axtell, a member of the Santa Fe Ring, granted their request. This decision allowed the owners to evict settlers who failed to pay the required rents or purchase the property. Adding insult to injury, Colfax County was attached to Taos County for judicial purposes, forcing settlers to travel 50 miles to attend court in Taos, causing them significant hardship.
Sheriffs served eviction notices, sparking further retaliation. Grant pastures were set ablaze, cattle rustling increased, and officials were threatened at gunpoint. Grant gang members conducted nighttime raids on homes and ranches, threatening violence to compel cooperation with the grant owners. It is estimated that as many as 200 people lost their lives in the Colfax County War.
In August 1877, Minister McMains was tried in Mora County for his involvement in Vega’s murder. Despite facing trial, he continued to speak out against the Maxwell Land Grant Company. He was found guilty in the 5th degree and fined $500. McMains dedicated the remainder of his life to the fight against the grant company, hoping to open the land to settlers, as had been done with the Oklahoma Territory. McMains and his vigilantes torched barns, homes, crops, and fences in an attempt to bring the grant company to its knees.
Resolution and Lasting Legacy
In 1878, the law attaching Colfax to Taos County was repealed, and Lew Wallace, an honest governor, replaced the corrupt Governor Axtell. In 1879, the grant was resurveyed and found to encompass 1,714,764.93 acres (2,679 square miles), although the matter remained in the courts for years.
In 1884, the grant owners persuaded the territorial governor to deploy a force of 35 militiamen, led by Jim Masterson (Bat Masterson’s brother) from Trinidad, Colorado. However, George Curry, a resident of Raton, rallied a posse of ranchers and bought up all available guns and ammunition. When the militia arrived, they were disarmed and escorted back to the Colorado border.
The conflict persisted for several more years until, in the spring of 1887, the Supreme Court of the United States upheld the survey and reaffirmed the decision of 1879, legitimizing the Maxwell Land Grant Company’s efforts to evict the settlers. Abandoned by their government, many homesteaders purchased or leased their land, while others gave up and left. A few continued the struggle, clinging to the hope that the government might reverse its decision. The Dutch Firm continued to exploit the grant’s resources, prospering for several decades.
The Colfax County War remains a dark chapter in New Mexico’s history, a testament to the clash between land barons and homesteaders, the corruption of power, and the enduring spirit of resistance.