The Shotgun that stopped a Railroad

By Tim Gibbons: Published in the High Plains View July 18, 2008.

The time: 1879. The place: Raton Pass along the Colorado - New Mexico border. To railway giants lay poised to take possession of the pass in order to gain the trade routes of New Mexico and the Southwest. The Denver & Rio Grande (D&RG) with its founder General William Palmer at the helm, had managed to beat their competitors, the Santa Fe Railway to the mouth of the pass. All that remained was to gain the approval of the current owner of the land, Dick Wootton, an old mountain man who ran a toll road over Raton Pass with the blessing of the Colorado and New Mexico territorial governments.
In an effort to gain the right of way, each railroad dispatched an agent to meet with Wootton. While the D&RG agent stopped in town to secure lodging, confident of success, the Santa Fe man rushed out to Wootton's house and, after a long time of negotiation, secured the right of way over the pass for the Santa Fe Railroad.
Angered at this turn of events, the D&RG workers armed themselves and prepared to duke it out with the Santa Fe workers, who had also armed themselves.
In the end, despite his lead, Palmer conceded defeat and pulled out of the project. One armed property owner managed to halt one of the fast growing rail lines in Colorado.
Fast forward 129 years and we suddenly find ourselves present day with the looming threat of toll roads and railways threatening to steal our land and livelihood.
Eminent domain is running rampant and unchecked. And cries of outrage are answered with, “It's all for the greater good.”
“If, from the more wretched parts of the old world, we look at those which are in an advanced stage of improvement, we still find the greedy hand of government thrusting itself into every corner and crevice of industry, and grasping the spoil of the multitude. Invention is continually exercised, to furnish new pretenses for revenues and taxation. It watches prosperity as its prey and permits none to escape without tribute.” -Thomas Paine
But more than the greed of the government, it is the apathy, fear and ignorance of the people that is proving our greatest foe. Men and women come before elected officials crying and complaining about how greatly they will be inconvenienced, hoping to appeal to the humanity of the government.
All this is done while ignoring the fact that government is always a monstrous beast with an insatiable appetite. And unless it is kept in fear of the people it governs, it will soon resort to tyranny.
Is it any wonder then, that with so few Americans participating in government and so many rich lobbyists leaning on the arms of our senators and representatives that the needs of the people has become less important in recent years?
Tearful pleas will no more undo the wrongs that have been done than blind hope that the government will repent of its ways and restore our rights.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” - Declaration of Independence
Let us cease our tears and bitter cries and instead take up the law and wisdom as our sword and shield. Dick Wootton struck a deal with the Santa Fe that would provide him with $50 a month and groceries and free train tickets for his wife for the rest of her life.
What is to stop the armed farmers and ranchers of our Southern Colorado from demanding that not only must the government provide just compensation, but that the government, in return for taking our lands must pay additional monthly tolls for the loss of our ability to provide for our pursuit of happiness.
Tears have no effect, but our United States Constitution and our Declaration of Independence declare that all men have the right to pursue happiness and that this inalienable right can never be taken from us.
Colorado Constitution, Article II,
Section 1
“Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”
Section 2
“People may alter or abolish form of government ¬ proviso. The people of this state have the sole and exclusive right of governing themselves, as a free, sovereign and independent state; and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided, such change be not repugnant to the constitution of the United States.”
Section 3
“Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.”
The right to happiness rests solely in the hands of the citizens of Colorado. We have the right to demand of the government that they not impede upon this right. And if the “greater good” requires the sacrifice of the people, then the government is commanded to make just compensation.
Constitution of the United States of America, 5th Amendment, ratified 12-15-1791
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Colorado Constitution, Article II, Section 15
“Taking property for public use ¬ compensation, how ascertained. Private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.”
Those who do not defend their freedoms shall loose them. We country folk have always defended our right to property, even our right to live with the gun. It has been our way and our heritage. And it makes sense, the only power a tyrant respects, is the power that can dethrone him. What better way to dethrone the tyrants than a group of armed civilians united in a common cause to protect their freedom and their rights.
It is time to put the fear of god into our politicians and government, “When the government fears the people there is liberty, when the people fear the government there is tyranny.” -Thomas Jefferson.
The time to unite is now! Let us lay aside petty differences and come together in defense of our right to choose our own lives, to pursue our happiness.
Does it matter what god we serve or which president we vote for? We are all Americans, whether by birth or proclamation. But how can we call ourselves free when we are unwilling to fight for it? How can the course of our nation be changed if good men cower in fear?
Our government no longer fears the people and for good reason, we have proven time and again our cowardice and our unwillingness to unite. Greater than the cry of freedom, it is prejudice and the hatred of our fellow man that keeps our nation in bondage.
There is no god in America save Liberty and there is no king save the Law. Our founding father's came from a variety of different religious backgrounds. But instead of engaging in petty arguments, they allowed each other the right to serve God as they pleased and instead united themselves in a common goal, that of freedom.
Any petty tyrant can sit upon his garbage heap or sweat stained pew and proclaim himself king. Where are the men who would lay aside such tarnished crowns and instead take up the standard that proclaims all men free?
To Arms! To Arms! Let all able bodied men rally to Freedom's cry!