USA > Arizona > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 69
USA > New Mexico > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 69
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remaining parts of Arizona co. to Doña Ana; changing seat of S. Miguel co. to S. Miguel; repealing the act for protection of slave property; calling for reports of Ind. depred .; declaring all public lands fit for grazing to be re- served as public pastures for common use; repealing act of '57 which prohib- ited keeping stores open on Sundays; repealing act of '60 which prohibited one man from holding more than one office; providing for vaccination; incor- porating the Union Min. Co. A manifesto of the legislature is alluded to in a joint resol. to print 1,000 copies, but its purport is not given.
641
CAPITAL AND CAPITOL.
were raised a story and a half in height to stand in the same condition for over 30 years.11 Meanwhile, the adobe palacio served for all public purposes, fre- quent efforts to obtain funds for proper repairs being unsuccessful. The importance of preserving the Span- ish archives was more or less fully realized, and often urged; but there was no money, and these invaluable records of the past were left for the most part uncared for, to be exposed in later years, as we shall see, to still more disastrous neglect. An historical society was organized in 1859-60, but practically nothing was accomplished.12
The first legislature at its second session divided New Mexico into nine counties-Taos, Rio Arriba, Santa Fé, San Miguel, Santa Ana, Bernalillo, Valen- cia, Socorro, and Doña Ana-with names and bounds substantially as in earlier times. In 1854-5 the Gadsden purchase was added to Doña Ana county, but in 1859-60 was organized into a new county of Arizona with county seat at Tubac, and a little later at Tucson. At the session of 1861-2, on the organi- zation of Arizona territory, the county act was re- pealed, and all of Arizona remaining in New Mexico was restored to Doña Ana. In 1860 the county of Mora was created in the north-east, with seat at Santa Gertrudis de Mora. In 1861 was created the county of San Juan in the north-west, with seat at Baker City; but the next year this act was repealed.
11 An approp. of $60,000 was made in '60, but it was soon offset by a war tax, and the money was never expended, or even raised. The governor's message of 1871 contains a sketch of capitol history, and the subject is often mentioned in other messages.
12 W. J. Howard, John B. Grayson, D. V. Whiting, C. P. Cleaver, Dr Sloan, and others are named in the act of incorporation. See also mention in Historical Mag., ix. 77-8, 142-3. Ellison, Hist. N. Mex., MS., and Watts, Sta Fé Affairs, MS., have much to say on the early neglect of the archives. On some efforts in congress, see U. S. Govt Doc., 33d cong. 2d sess., H. Jour. 245; 34th cong. Ist sess., H. Mis. Doc. 138. In response to the gov.'s urg- ing, a law was passed in '63 for the custody and preservation of the archives. N. Mex., Revised Laws, 674. Congress approp. $500 for a territorial library in '50, and with this sum a beginning was made, but the librarian's salary was only $100 per year, for which no competent person could be employed, and the post was much of the time vacant. The census of 1860 shows 15. public and 2 church libraries, with a total of 10,670 volumes.
HIST. ARIZ. AND N. MEX. 41
642
TERRITORY OF NEW MEXICO.
Changes of county seats will be mentioned in a later chapter on local matters, and a map will indicate the boundaries as finally fixed.
In 1850, according to the United States census, New Mexico had a population of 61,547, exclusive of In- dians, and in 1860 the number had increased to 80,567. Of these numbers respectively, 58,415 and 73,856 were natives of the territory, 772 and 1,168 being natives of other parts of the United States, while 2,151 and 5,479 were of foreign birth. I ap- pend some details, deducting as accurately as possible the figures for Arizona. 13 Financially, as the salaries of territorial officers and legislature were paid by the United States, the burden of taxation was not heavy. The total valuation of property, which was $5,174,471 in 1850, had in 1860, according to the census reports, increased to $20,838,780, of which sum $7,015,260 is given as the value of real estate; $2,361,070 should be deducted for Arizona. The total taxation in 1860 was $29,790, or $9,255 for territory, $12,485 for counties, $3,550 for towns, and $4,500 miscellane- ous. A direct war tax of $62,648 per year was im- posed in 1861, but this was offset a little later by the capitol and road appropriations, and was never col- lected. The territorial debt in 1860 was $3,673, which was constantly diminished, until in 1863 there was a surplus of $3,080, in the treasury.
13 U. S. Census Reports, 7th and 8th census, the figures being repeated in various other works. Pop. by counties, the double numbers throughout rep- resenting the two years 1850 and 1860: Bernalillo, 7,749, 8,574; Rio Arriba, 10,667, 9,329; Sta Ana, 4,644, 1,505; Sta Fé, 7,699, 7,995; S. Miguel, 7,070, 13,670; Taos, 9,507, 13,479; Valencia, 14,189, 8,482; new counties in '60, Doña Ana, 6,239; Mora, 5,524; Socorro, 5,706; total of whites 61,525, 80,503; males, 31,725, 42,001; females, 29,800, 38,502. Free colored pop. 22, 64; slaves, -. Natives of N. Mex., 58,415, 73,856; natives of U. S., 772, 1,168; foreign, 2,151, 5,479; unknown, 209. Occupation: bakers, 11, 39; butchers, 4, 23; carpenters, etc., 215, 287; clerks, 60, 201; clergymen, 24, 37; coopers, 22, 6; drivers, 3, 37; farmers, 7,889, 5,922; goldsmiths and silversmiths, 30, 37; hatters, 43, 6; herdsmen, 65, 412; hunters, 1, 55; laborers, 6,128, 13,821; lawyers, 11, 23; mechanics, 44, 175; miners, 9, 917; masons, 14, 101; merchants, 134, 363; musicians, 41, 68; officials (local), 22, 13; officials (U. S.), 184, 56; physicians, 9, 14; printers, 6, 15; servants, 1,264, 2,560; soldiers, 655, -; smiths, 132, 181; seamstresses, -, 211; students, 5, 19; traders, 12, 34; teachers, 8, 59; tailors, 97, 98; teamsters, 72, 551; weavers, 59, 50; all employments, 17,478, 28,933. Some deductions should be made for a part of the territory finally added to Colorado.
643
EDUCATION.
Nowhere in the United States was popular educa- tion in so lamentable a condition as in New Mexico during this period. Of the population in 1850 the census showed a total of 25,085 adults, and in 1860 of 32,785, who could not read or write; and the cor- rect figures would doubtless have been considerably larger. The reports of 1860 show that 600 pupils, though one table makes the total attendance 1,466, were being educated in four colleges, academies, or private schools, and 17 public schools, with 33 teachers and a revenue of $13,149. There were practically no public schools at all. The priests, though in theory friends of education and somewhat awakening from their apathy of centuries sufficiently to regret that they had no fuuds to establish catholic schools, prac- tically used their influence against any common-school system. Territorial officials and leading citizens realized the importance of educating the masses; and several memorials were sent to congress asking for money aid in place of the usual land appropriations, which as yet could not be utilized.14 At the session of 1854-5 was passed an act establishing a system of schools to be supported by a tax; but in four counties this proposition was submitted to the people, with the result of 5,016 votes against to 37 in favor of the tax.15 In 1859-60 an act of the legislature provided for a school in each settlement, to be supported by a tax of fifty cents for each child, the justice of the peace to employ a teacher and require attendance from November to April, and the probate judge to act as county superintendent. This was the system for many years with but very slight modification.
All industries were at a standstill in those years. There were no modifications of method worth noticing, and it is not my purpose to present here the slight available statistics and details of non-progressive mo-
14 N. Mex., Acts, 1854-5, p. 125; U. S. Govt Doc., 33d cong. 2d sess., H. Jour. 323; Sen. Jour. 208; 34th cong. 3d sess., H. Mis. Doc. 40.
15 U. S. Govt Doc., 43d cong. Ist sess., Rept Sec. Int., ii. 326-8; Davis' El Gringo, 193-5.
644
TERRITORY OF NEW MEXICO.
notony. Some statistics of 1860 may be utilized later for purposes of comparison. Indian depredations, as we shall presently see, were worse than ever, effectu- ally preventing all progress in the old industries of commerce, agriculture, and stock-raising as well as the development of mining and other new industries. Merchandise to supply the needs of the people was still brought in wagon trains from the Missouri over the old Santa Fe trail. We have few details of the business, but Davis estimated the amount at from $750,000 to $1,000,000 per year, the freight costing nine or ten cents per pound. The trains arrived in August, after a trip of 45 to 60 days. The circulating medium was gold from California and silver from Mexico, the merchants making their remittances to the states in drafts obtained from United States offi- cials. Merchants paid a license for transacting business, and by the act of 1852 were relieved of the ad valorem tax of the Kearny code. In 1862 Acting-governor Arny had high hopes of being able to take advantage of the United States and French blockades of Texan and Mexican ports to supply large portions of Mexico with goods by way of New Mexico and restore the past glories of the Santa Fé trade. The old-time annual fairs were still a prominent feature of trade, and the legislature in 1852-5 legally established these fairs for eight or twelve days at Las Vegas, Doña Ana, Mesilla, Tomé, Las Cruces, Alburquerque, Socorro, and Santa Fé. Trading at these periods was free from all taxation, and gambling was permitted by payment of a small license ; at Santa Fé, indeed, all the prohibited games might be played free of license, and the occa- sion was to be marked by an oration and other literary exercises, the pueblo Indians being invited to come in and indulge in their characteristic dances. But the acts establishing these fairs were repealed in 1856-7.
There was a marked increase in the number, size, and value of farms in the decade of 1850-60, though the census reports show a diminution in the acreage
645
AGRICULTURE AND STOCK-RAISING.
ot improved lands, the increase being in grazing farms. Several acts bearing on irrigation, fencing, and other matters connected with these leading industries are mentioned in my résumé of legislative proceedings, and many more of a local nature are omitted. The presence of the United States troops afforded an im- proved market for many products; but at the same time the money spent by the government gave an opportunity for many to live with less exertion than before, and that seems to have been now as ever the main purpose of the masses. Seasons of drought were thought to be of more frequent occurrence than in earlier times. The boring of artesian wells for an in- creased water supply was often urged, and sometimes discussed in government reports. In 1858-9 a well was bored near Galisteo, as an experiment, to the depth of 1,300 feet, but though it showed the practi- cability of wells for the supply of travellers, it did not bring water to the surface, and so far as irrigation was concerned, was deemed a failure. Horses and mules increased during the decade from 13,733 to 21,357; cattle from 32,977 to 88,729; and sheep from 377,271 to 830,116, notwithstanding the constant depredations of Indians, which were commonly asserted to have paralyzed stock-raising. A large number of sheep were driven from New Mexico to California, especially in 1858-9.16
16 Statistics from the census of 1850 and 1860: no. of farms 3,750, 5,086; average acreage, 77,278; land improved 166,201, 149,274 ac .; unimproved 124,370, 1,265,635 ac .; value of farms $1,653,922, $2,707,386; value of imple- ments, etc., $77,960, $192,917. Farm products, wheat 196,516, 434,309 b., corn 365,411, 709,304 b., tobacco 8,467, 7,044 lbs., beans and pease 15,688, 38,514 b., wine 2,363, 8,260 gal., garden produce §6,679, $17,664, fruits $8,231, $19,651, wool 32,901, 492,645 lbs., butter 111, 13,259 lbs., cheese 5,848, 37,240 lbs., molasses 4,236, 5,419 gal. Horses 5,079, 10,066, mules and asses 8,654, 11,291, cows 10,635, 34,369, oxen 12,257, 25,266, other cattle 10,085, 29,094, sheep 377,271, 830,116, swine 7,314, 10,313. Value of live- stock $1,494,629, $4,499,746; value of stock slaughtered $82,125, $347,105.
Davis' El Gringo is the best work on the condition of N. Mex. in 1851-7, and on p. 195-207 he gives an excellent account of the condition and methods of agriculture and stock-raising. See also U. S. Govt Doc., 31st cong. 2d sess., Sen. Doc. 26, p. 4-9; 32d cong. 2d sess., H. Ex. Doc. 65, p. 345-52; Sum- ner's Report, iu Id., Sen. Ex. Doc., i., p. 25; Pat. Office Reports, 1851, ii., p. 478-92, 495-511; 1852, ii. 345-52; McCall's Letters, 510; Beadle's Great West, 514-15; Porter's West Census of'80, p. 451; N. Mex., Revised Laws, per index
646
TERRITORY OF NEW MEXICO.
.
Closely connected with agricultural interests in a new territory should be the disposal of public lands; but as in New Mexico nearly all the available, that is, irrigable, lands had long been reduced to private own- ership, and as there was practically no immigration, the matter did not of itself assume any very impor- tant phases in this period. The legislature in 1851-2 passed resolutions in favor of reserving mineral and timber lands for public uses, and provided that a claim or improvements on public lands should be a transfer- able interest, and valid against all parties but the United States. In accordance with the president's recommendation of 1853, congress, by act of July 22, 1854, provided for the appointment of a surveyor-gen- eral,17 extended the operation of the land laws over the territory, and gave to every citizen residing there before 1853, or settling before 1858, a donation of 160 acres, to be patented after four years' occupation. The usual grant of two sections in each township, 16 and 36, for schools and two townships for a university was made. Surveyor-general Pelham arrived in Decem- ber, and in the following April established an initial point for base and meridian lines at a hill on the west bank of the Rio Grande, in latitude 30° 19'. From this beginning the surveys were slowly advanced from year to year, appropriations being small, the authori- ties at Washington not deeming a rapid or extensive survey desirable until private and Indian claims could be settled, and the remoteness of the public lands from the settlements rendering operations in the field often dangerous. Down to 1863 there had been no sales, though a land-office was opened at Santa Fé in 1858.18 About 100 donation claims were filed, but only a few
on irrigation. On artesian well boring by govt, see U. S. Gort Doc., 35th cong. 2d sess., H. Ex. Doc. 2, p. 590-608; 36th cong. Ist sess., Sen. Ex. Doc., ii. 544-9; S. F. Bulletin, Sept. 6, 1859. The well was bored by Capt. John Pope, U. S. Top. Engineers. On the driving of sheep to Cal., see Brevoort's Sta Fé Trail, MS., 7-8; Sac. Union, Nov. 8, 1858; S. F. Alta, Nov. 6, '58; Jan. 18, '59; S. F. Bulletin, Nov. 24, '58; Jan. 26, Mar. 4, '59.
17 Dunlop's Digest U. S. Laws, 427-9.
18 U. S. Stat., 1857-8, p. 292.
647
SPANISH AND MEXICAN GRANTS.
patented. The total area surveyed was 2,293,142 acres, the area of the territory being 77,568,640 acres, or 121,201 square miles.19
New Mexico being an old province, settled for two centuries and a half by an agricultural community, the best portions of the territory along the rivers and sus- ceptible of irrigation had naturally long been reduced to private ownership under Spanish and Mexican grants, protected in theory by the treaty of 1848. In a general way, these New Mexican private claims, and the problems arising in connection with them, were the same as in California. There was the same care- less informality in respect of title papers, and the same vagueness in boundaries; the grants were, however, more numerous, much more complicated by transfers and subdivisions, more varied in their nature as origi- nating from different national, provincial, sectional, and local officials; and the archives were much less complete; but on the other hand, there was no influx of settlers and speculators to foment controversy and fraud, and to create an active demand for the segrega- tion of public lands. The proper policy of the United States was or should have been clear enough. Com- missioners and surveyors should have been promptly sent to examine titles, take testimony on possessory rights, and define boundaries, that patents might be issued-all at government expense. There would have been a certain amount of error and injustice; many personal and local controversies would have been en- countered, to be settled by arbitration, by the awarding of other lands, or by litigation in territorial courts; but the great question of land tenure in its essential features would have been easily and inexpensively solved, and the country left in a proper condition for future devel- opment. Otherwise serious troubles, including the suc- cess of fraudulent claims and defeat of just ones, were sure to result. The government did nothing until
19 U. S. Land Com. Repts, 1855-63, containing annual reports of the sur- veyor-gen.
648
TERRITORY OF NEW MEXICO.
1854, and then instructed the surveyor-general to in- vestigate the private and town claims, and report thiem to congress for confirmation. That official had no fa- cilities for this work, clerical assistance and appropria- tions being entirely inadequate; but he searched the archive records at Santa Fé to some extent, finding some thousands of documents bearing on about 200 claims; and he notified claimants to present their titles. Many in their ignorance were timid about surrender- ing their papers, feeling moreover secure in their long possession, and noting presently how tardy was action on the claims presented. Moreover, by the law of 1862, they had to bear all the expense of investigation and survey, which temporarily put an end to the pre- sentment. Down to 1863, however, out of 60 or more claims filed, about 30 had been examined, and most of them approved by the surveyor-general. He had also approved the Indian pueblo claims, which to the num- ber of 17 were confirmed by congress in the act of December 22, 1858. By this act and the later one of June 21, 1860, congsess also confirmed 19 private and town claims. In 1861, there had been surveyed 25 claims of both classes covering an area of 2,070,094 acres. In 1862-3 there had been examined of all classes 48 claims, and approved by congress 38. The sur- veyor-general constantly protested his inability to do justice to this work, urging the appointment of some kind of a commission, and congressional committees fully realized the impossibility of founding correct de- cisions on the meagre data furnished, predicting much more serious difficulties in the future; but no change was made in the system, and matters were allowed to drift.20
20 The pueblo claims confirmed by act of '58 were Jemez, Acoma, S. Juan, Picurí, S. Felipe, Pecos, Cochití, Sto Domingo, Taos, Sta Clara, Tezuque, S. Ildefonso, Pojuaque, Cia, Sandía, Isleta, and Nambé. The private and town claims confirmed by this act and that of '60 were: 1 Preston Breck Jr, 2 Town of Tome, 3 Man. Martinez, 4 Chas Beaubien, 5 Town of Casa Colo- rado, 6 Hugh Stevenson et al., 7 Town of Tecolote, 8 Donaciano Vigil, 9 John Scolly et al, 10 John Lany, 11 Town of Chilili, 12 Ant. Sandoval, 13 Town of Belen, 14 Serafin Ramirez, 15 Chas Beaubien and Guad. Miranda, 16 José L. Perea, 17 C. St Vrain et al., 18 Alex. Valle, not numbered E. W.
649
MINERAL RESOURCES.
The period of 1851-63 was in no sense one of min- ing development. That the country was rich in min- eral resources was not doubted, but such items and statements as are extant on the subject deal almost exclusively with mining successes of the remote past, generally exaggerated as the reader of earlier annals is aware, and with predictions of future successes rest- ing on a much more solid foundation. On account of the slight immigration, and especially of constant In- dian hostilities, the conditions were most unfavorable for mining; yet the soldiers and others accomplished much work incidentally in the way of prospecting, some discoveries being made in different sections, and the prospects, as is customary in a country of hostile Indians, being as a rule too highly colored. In the last years of the period some actual work was done in the south. The census reports of 1860 mention only one silver and three copper mines, all in Doña Ana county, employing 390 workmen, and producing $212,000 ; but the governor in his message of 1861-2 alludes to 30 gold lodes at Pinos Altos, employing 300 miners and paying $40 to $250 per ton, to rich gold placers near Fort Stanton, and to work at Placer Mountain near Santa Fé, besides the copper mines at Santa Rita and Hanover. There are other items of information on these and other mines, but I have not deemed it necessary to compile the meagre data, though some items may be utilized in later mining annals. All work was suspended during the confed- erate invasion of 1861-2, but from 1863 the industry was in a small way revived.21
Eaton. A few claims were limited by congress in extent; in a few cases, not confirmed, the claimants were authorized to select other public lands; and J. B. Vigil might bring suit for his rejected claim within two years. On the subject of land claims, see U. S. Land Com. Reports, 1855-63; and also a large amount of corresp. and documents in U. S. Govt Doc, 34th cong. 3d sess., H. Ex. Doc. 36, 37, 73; H. Mis. Doc. 25; 35th cong. Ist sess., H. Ex. Doc. 57, 89, 261; H. Rept, i. 457; H. Mis. Doc. 37; Sen. Rept 4; 35th cong. 2d sess., H. Mis. Doc. 37; 36th cong. Ist sess., Sen. Rept 228; H. Rept 321; H. Ex. Doc. 14; 36th cong. 2d sess., H. Ex. Doc. 28, 57, 58; 37th cong. 2d sess., H. Ex. Doc. 112; 40th cong. Ist sess., H. Ex. Doc. 13.
21 On mining in 1851-63, see N. Mex., Mining Co., Preliminary Report, N. Y., 1864; Id., Messages of governor, 1855-63; U. S. Govt Doc., 31st cong.
650
TERRITORY OF NEW MEXICO.
The New Mexican delegates to congress have been named in this chapter. In some cases, the elections were contested and charges of fraud freely made, but evidence is much too meagre for impartial investiga- tion of these contests on their merits.22 The struggle was largely one between two factions of the catholic church, one headed by Bishop Lamy-of French ori- gin-and his new clergy, and the other by the Mexi- can priests, who regarded the new-comers as intruders. Gallegos elected in 1853 was a priest. His election was contested unsuccessfully by Ex-governor Lane, who claimed among other things that the votes of pueblo Indians for him had been illegally rejected. This appears to have been the main point, but congress decided practically against the right of the Indians to vote.23 Gallegos was again elected, according to the governor's certificate, in 1855; but his seat was suc- cessfully contested by Otero. The chief ground of this contest was the voting of men who, after the treaty of 1848, had chosen-not in due legal form as was claimed-to remain citizens of Mexico, but had now changed their minds. Congress was not disposed to
2d sess., Sen. Doc. 26; 42d cong. Ist sess., H. Ex. Doc. 10, p. 284; U. S. Land Office Rept8, 1855 et seq .; Ind. Aff. Rept Spec. Com., 110 et seq .; Hunt's Merch. Mag., xxvi .; xxviii. 763; xxx. 260; Whitney's Metallic Wealth, 134; Mining Mag., i. 79; N. Mex. Scraps, 21, 35; Domenech's Deserts, 192-5; Möll- hausen, Tagebuch, 237; U. S. Census, 8th, Manuf., 666-7; Hall's Great West, 105-8; Hittell's Wash. Scrap-book, 117, 119; National Almanac, 1864, p. 456- 7; Mayer's Mex. Aztec, ii. 356-7; S. F. Herald, June 19, 1851; Sept. 23, Oct. 12, 1853; March 9, '54; S. F. Alta, Sept. 24, '53; Feb. 27, '54; Sept. 7, Oct. 5, Nov. 13, Dec. 20, '56; July 11, '61; S. F. Bulletin, Jan. 16, 28, Feb. 3, March 24, April 9, 10, May 23, Sept. 12, '63; Sac. Union, Jan. 17, March 11, 19, Sept. 5, '63.
22 According to a convenient list in Porter's Directory of Las Vegas, 46, Weightman was elected in '51 over Messervy and A. W. Reynolds; Gallegos in '53 over Wm C. Lane; Otero in 1855 over Gallegos, in '57 over S. M. Baird, and in '59 over Gallegos; and Watts in '61 over Diego Archuleta. In the election of '59, Judge Watts made in a speech at Mesilla some remarks on the family of Otero which led to a bloodless duel between the two. Hayes' Scraps, Ariz., v. 269.
23 See U. S. Govt Doc., 33d cong. Ist sess., H. Rept 121; Cong. Globe, 1853-4, p. 490, etc. There were also charges of frauds in voting and counting, which the committee found to be nothing more serious than the irregularities of form natural in a new territory; also that the votes of Mex. citizens had been received, but the com. held that this was not proved, and that if so the number was not sufficient to change the result. The original vote for Gallegos was 4,971 to 4,526 for Lane; cut down by rejecting votes to 2,80G against 2,267. The Iud. vote was 262 at Laguna and Taos.
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