The Largest Land Grant in US History – Maxwell Land Grant

The Colfax County War

Tolby Creek in Cimarron Canyon, Kathy Weiser, July, 2003

Senator Chaffee and the others who had purchased the land from Maxwell, almost immediately sold the land to an English syndicate for $1,350,000; and, just six months later, it was sold again to a Dutch Firm in 1872. The new grant owners immediately began to aggressively exploit the resources of the grant, opening a sales office at Maxwell’s old place in Cimarron. They waited for the customers to rush in, and they continued to wait. Faltering gold production and the shadow of Indian attacks spooked potential buyers. Meanwhile, folks who had already settled on the grant were riled at the brisk way the new owners tried to collect rents, despite the Dutch companies legal right to the property.

One of the first items on the Grant owners’ agenda was the removal of the squatters who had moved on the grant during the past 30 years. The farmers and miners who had settled on the grant had held a grudging respect for Lucien Maxwell, but they felt no such loyalty to the absentee foreign firm. The settlers, having invested their lives and money into homes and businesses were not prepared to leave, especially in view of the contested title Maxwell had conveyed.

In an effort to remove the settlers from their property, grant officials, in league with a group of lawyers, politicians and businessmen known as the Santa Fe Ring, began making false allegations against locals. Two Cimarron locals were known to have been in support of the “Ring” — Melvin Mills, an attorney and Robert H. Longwell, Cimarron’s local doctor. In 1875 local elections were held with much controversy and Dr. Longwell was made probate judge, while attorney Mills was made a state Legislator.

The Santa Fe Ring’s two prime movers were attorney Thomas Benton Catron and his lawyer partner, Steven Benton Elkins, later a Senator. Fellow “Ring” members were chosen for whatever talent they could contribute, or political or financial influence they could provide.

Cimarron had already obtained a reputation for lawlessness and as the hired gunslingers of the Land Grant company tried to force off the squatters it quickly led to what became known as the Colfax County War. Unfortunately for the settlers, they were outnumbered and outgunned from the start.

Reverend Franklin J. Tolby, one of two Methodist ministers holding services in the area, quickly sided with the settlers in their opposition against the land grant men. The 33 year-old Tolby was a vociferous critic of the Santa Fe Ring and sent a series of letters to the New York Sun exposing the group’s corrupt methods, as well as making public statements at every opportunity that he would do whatever he could to break up the grant.

On September 14, 1875 the minister was found shot to death in Cimarron Canyon, midway between Elizabethtown and Cimarron, near Clear Creek. It was clear that robbery had not been the motive because the preacher’s horse, saddle and personal belongings were untouched. It was quickly assumed that someone from the Land Grant company had taken revenge against Tolby’s opinions and quieted him forever. Five days after his body was found, the Daily New Mexican of Santa Fe reported: “It is thought the murderer is a white man and paid for the job.”

However, if the murderer thought that killing Reverend Tolby would quiet the opposition to the land grant, they couldn’t have been more wrong. The settlers immediately blamed the Grant men and the politicians who were said to have been “in their pockets.” If anything, the murder further inflamed the citizens and led to more concerted efforts to challenge the approval of the grant. The Colfax County Ring, as the settlers called themselves, rode like avenging angels cutting down the just and unjust alike.

Tolby’s 34-year old minister friend, Reverend Oscar Patrick McMains, took up the holy war, urging in a public speech,  “Defiance! And Contempt for that which is Contemptible.”  Further, he wrote, “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…”

Tolby Grave, Cimarron, New Mexico

Tolby Grave, Cimarron, New Mexico

Despite a $3,000 reward for the murderer, no progress was being made on finding Tolby’s killer and McMains was becoming impatient. Rumors began to circulate that the new Cimarron Constable, Cruz Vega, was somehow involved in Tolby’s murder.

The pastor turned to Clay Allison, a local gunslinger for help. On the evening of October 30, 1875 a masked mob, who was said to have been lead by Clay Allison and the Minister McMains, confronted Vega. The constable denied having anything to do with the murder, blaming it on a man by the name Manuel Cardenas. Obviously, the mob did not believe him and he was pummeled and hanged by the neck from a telegraph pole. Unable to stomach the violence, the Reverend McMains had panicked and fled midway through the session.

Ten days later, Manuel Cardenas, the man who Vega had implicated prior to his death was arrested and questioned in Elizabethtown. He claimed that Vega had shot the minister, adding that Santa Fe Ringers Mills and Longwell were also behind the killing.

Mills barely escaped a furious lynch crowd in Cimarron as he alighted from a coach and was later arrested. Longwell fled in a buggy to Fort Union and safety just ahead of pursuers Clay and John Allison.

Mills was granted a trial, but during the trial, the state governor was informed of the events by telegraph and the cavalry was dispatched from Fort Union, arriving just in time to end the proceedings and release Mills.

Cardenas, during his protracted hearing, retracted his earlier accusations against Mills and Longwell, thus clearing the two men. Furthermore, he stated that in Ellizabethtown he had been coerced at gunpoint into implicating the two when he was “questioned” at gunpoint by Joseph Herberger.  Evidently Herberger had been promised a political position by Ring men Mills and Longwell, during the earlier elections in 1875.

2 thoughts on “The Largest Land Grant in US History – Maxwell Land Grant”

  1. I am writing to you from Spain. I have a document about some research finding the history of Maxwell Land Grant & Railway Company.
    Creo que puede ser importante en esta historia firmado en 1871.
    Agradeceria ayuda, si desea verlo pongase en contacto a mi correo.

  2. Lucien Maxwell certainly never attacked the Ute and Apache reservation. He provided for the Indians and was their friend. When he left for Fort Sumner in 1870 it was because the government refused to continue to feed the Indians at the reservation. He couldn’t afford to feed 1500 Indians forever if the government would not pay for their supplies. The reservation was on the Maxwell Land Grant, not far from his ranch at Cimarron. In 1878 the Utes were sent to a reservation in Colorado and the Apaches elsewhere.

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