USA > Arizona > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 76
USA > New Mexico > History of Arizona and New Mexico, 1530-1888, Volume XVII > Part 76
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16th assembly, 1866-7. Acts providing for incorp. of debating, literary, scientific, industrial, and benevolent societies; providing for a monument over soldiers' graves, and approp. $1,500 ($1,800 more in '67-8 to complete the mon- ument); approp. $40 for shelves for the library; incorp. 'Nacimiento Cop. Min. Co.,' ' La Tijera Cop. Min. Co.,' ' Hanover Cop. Min. Co.,"' N. Mex. Telegraph Co.,' and the Presbyterian church; for public schools; changing seat of So-
711
ACTS OF THE LEGISLATURE.
applied to the proceedings during this later period ; and now, as before, there is a large mass of legislation,
corro co .; and declaring the Cañada Alamosa hot spring to be a public spring, free to all, for baths. Memorials, for additional mil. posts, for a commission to examine claims for damages by rebels, for telegraph lines, an approp. for schools, and increased pay for legislature and territorial officials.
17th assembly, 1867-8. Acts creating a general incorporation act; pro- viding for registration of voters; creating county of Grant; and changing boundary between Taos and Mora counties. Resolutions, condemning Gov. Mitchell's usurpations of power, etc .; that the election of delegate to con- gress was fraudulent; to send all acts not approved by gov. to congress for approval; expressing confidence in Sec. Heath; defending Gen. Getty; and complimenting Arny, who goes to Wash. on Ind. business. Memorials, for an approp. of $70,000 to complete the capitol, to aid education of Ind. at Bosque Redondo, to aid ' U. S. & Mex. Telegraph Co.,' and an approp. of lands outside of N. Mex. for schools in the territory; against the proposition to attach Moreno mining district to Col .; for authority to raise vol. regiments for Ind. service; for a railroad; to take away the absolute veto power of the gov .; and for a road from Sta Fé to Taos. For the various resol. and mem. in congress, see U. S. Govt Doc., 39th cong. 2d sess., H. Ex. Doc. 101, p. 1-4; 40th cong. Ist sess., H. Miscel. Doc. 12, 14, 15, 18, 19, 22; 40th cong. 2d sess., H. Miscel. Doc. 25, 33, 94.
18th assembly, 1868-9. Acts changing seat of Grant co., creating coun- ties of Lincoln and Colfax, and extending limits of Sta Fé co .; repealing act of '60 which prohibited sale of liquor to soldiers; paying members of legisl. $5 per day in addition to U. S. pay; providing that no person not a citizen can hold land, that abandoned lands-except Mex. grants-may be occupied by another, and that no person can hold Mex. colony lands unless the title was registered before U. S. possession; imposing a tax on horned cattle brought into the territory; fixing a sliding scale of prices for merchants' licenses. Resolutions, on death of the Jesuit father Billanqui; and reaffirm- ing confidence in Sec. Heath. Memorials, for mail service, for more troops and posts; for an increase of councilmen from 13 to 18, representatives from 26 to 36, and justices from 3 to 4; for govt aid to the railroad, protection of rights under Mex. grants, and for the removal of Justice Houghton.
19th assembly, 1869-70. Acts changing name of seat of Lincoln co., unit- ing Lincoln to Socorro for senatorial purposes, changing bound between Socorro and Doña Ana, also bet. Bernalillo and Valencia, and estab, seat of Colfax at Elizabethtown; adopting a new revenue system; providing for the legitimatizing or adoption of children; and changing dates of election, etc., for biennial sessions. Resolutions, to ask for an approp. for the Jicarilla and Ute Ind .; and to appoint a com. to draft a state constitution, Memorials, for annulling the treaty with the Utes, putting U. S. lands on the market as in other states and territories, for increased mil. force, especially two regiments of volunteers, and for a settlement of the war claims.
20th assembly, 1871-2. Acts restricting divorce; fixing bound bet. Socorro and Doña Ana counties, changing seat of Grant co., also of Colfax and Valencia; providing for a bridge over the Pecos at Anton Chico upper ford, and a road from Agua Negra to Taos; providing that foreigners may hold real estate like natives; authorizing mortgaging or consolidation of R. R. lines, counties to aid in construction of R. R., and providing for appaise- ment of R. R. lands; amending the revenue law; providing for a school board in each county; amending mining-claim act of 1865; and providing for an election on state constitution. Memorials, for a reservation for the Mes- caleros, removal of Jicarillas and Utes, settlement of land grants and military claims, and a recompilation of the laws.
21st assembly, 1873-4. Acts amending the revenue law; incorp. college of Christian brothers, and the sisters of Loreto; and changing seat of Valen- cia co. Memorials, for annual sessions or an extra session, for various tele-
712
CHRONOLOGIC AND OFFICIAL.
important in a sense, which cannot be satisfactorily summarized in the space at my disposal. It is not,
graph lines, speedy settlement of land claims, including those of citizens who or whose ancestors bought of pueblo Ind., aid for the Jicarillas and Utes, and admission as a state.
22d assembly, 1875-6. Acts annexing Colfax co. to Taos for judicial pur- poses, abolishing co. of Sta Ana and annexing to Bernalillo, fixing bound bet. Mora and Colfax, and changing seat of Valencia; amending revenue law; im- posing a license of $450 on merchants employing drummers; fixing salaries of attorney-gen. at $600, district attorney $400, treasurer $1,000, auditor $1,000, adj .- gen. $250, librarian $150; providing for observance of Sunday; regulat- ing manner of locating mining claims; providing that sessions of the legisl. begin Ist Monday in Jan, instead of Dec .; appointing a com. to revise the laws; and authorizing owners of two land grants to keep records, etc. Me- morials, for admission as a state, payment of claims, revision of the laws, military road, mail routes, and artesian wells.
23d assembly, 1878. Acts providing for the incorporation of R. R. com- panies; permitting the occupation of 320 acres of U. S. lands, with title good against all but govt; establishing district courts in each county; approp. funds to complete capitol; incorporating 'Society of Jesus,' ' Incorporation of Mesilla ' or holders of the Mesilla grant, and town of Silver City; repealing act to join Colfax to Taos, fixing bound between Dona Ana and Lincoln, authorizing an election to change seat of Bernalillo; aiding S. Vicente hos- pital at Sta Fé; and providing for indexing real estate records. Resolution, to appoint a com. to reapportion the legislature. Memorials, for settlement of land titles, selling land to settlers who shall find or store water for grazing, telegraph to forts Stanton and Wingate against reduction of tariff on wool, Navajos to be kept on their reservation, and for defence of town of Lincoln against a land claim.
24th assembly, 1880. Acts for incorp. of cities, societies, and giving for- eign corporations the same privileges as local; for revision of laws; prohibit- ing sale of liquor on election days; organizing a bureau of immigration; protecting fish and game; selecting university lands; authorizing gov. to call out volunteers for Ind. service; paying Lincoln mounted rifles for service in keeping order in 1879; fixing bound bet. Sta Ana and Socorro connties, changing hound of Grant co., changing seat of Rio Arriba, and changing bound of Rio Arriba and Taos. Memorials, for survey of public lands and settlement of private land claims, for increased mail facilities, for roads, for a cession of public buildings by U. S. to the territory, and against enlarge- ment of the Navajo reservation. Resolutions, on early completion of Prince's revision of the laws, on completion of the R. R. to Sta Fé, and thanking Gen. Hatch for his management of mil. affairs.
25th assembly, 1882. Acts estab. 'N. Mex. board of charities and indns- trial schools ' (repealed in '84); providing that sessions begin Ist Monday in Jan. of odd years, 1883, '85, etc. (but this was not done); regulating the library; protecting coal mines and miners; regulating R. R. fares and rates; defining a system of revenue; taxing cattle owned in other states and terri- tories; authorizing ransom of Apache captives; approp. $3,000 in aid of sis- ters of charity at Sta Fé; changing seat of Colfax, bound bet. Colfax and Mora, bet. Mora and S. Miguel, Sta Fé and S. Miguel, and S. Miguel and Valencia, and fixing seat of Doña Ana at Las Cruces. Memorials, for settle- ment of land claims, for cession of the adobe palace to the Hist. Society, for opening to settlement a part of the Mescalero reservation, for a special post- office inspector, and for repeal of U. S. law of '78 forbidding troops to act as posse comitatus.
26th assembly, 1884. Acts changing date of opening sessions to last Mon- day in Dec. 1886-8-90, etc .; repealing gen. incorp. act of '80 and passing a new one; preventing the introduction of diseased cattle; estab. public schools; estab. orphan home and industrial school at Sta Fé under sisters of charity;
713
SESSIONS OF THE LEGISLATURE.
moreover, my purpose to present in any sense a com- pilation of the laws, but only an outline of the more important acts from session to session. Several topics of interest in this connection will be noticed later in this chapter. Down to 1869-70 the sessions were annual. In 1866-7 a bill was passed by the house amending the organic act and providing for biennial sessions; this became a law for all territories in 1869; and from 1871 the assembly met biennially, though in 1873-4 and again in 1876 memorials in favor of yearly sessions were sent to Washington. By act of congress in 1871 the legislature was authorized to meet on the first Monday in December; but in 1876 this date was changed to the first Monday in January, and the assembly met accordingly in 1878-84. The same body again changed the date from the even to the odd years, beginning with 1883, and members were elected accordingly; but for want of an appro- priation from congress no change was made. Very nearly the same effect, however, was accomplished by an act of 1884 changing the date from January to December; and the 27th assembly met in December 1886. A memorial of 1866-7 called for increased pay for legislators and other officials; and an act of 1869 added five dollars a day to the pay received from the federal government, which in 1878 was fixed by con- gress at four dollars, with six dollars for president and
providing for erection of capitol; creating office of county assessor; providing for a new compilation of the laws; aiding the Hist. Society; prohibiting higher rate of interest than 12 per cent; requiring cultivated land to be fenced in a part of the territory; incorp. the 'Colonial Grant' (Vaca) aud 'Colony of Re- fugio ' grant in Rio Arriba co .; and creating the new co. of Sierra. Memorials, protesting against unjust discrimination of mil. auth. against N. Mex. in the purchase of supplies; asking that N. Mex. be made a mil. department. Resolution, denouncing charges against Chief Justice Axtell as 'malicious, scandalous, and false.'
Dav. J. Miller was translator of the Laws of the 12th assemb., Chas Lieb, of the New Mexican, being printer, and the work much better than in earlier years. Theodore S. Greiner translator, 13th assemb .; printer H. S. Johnson, Alburquerque. 14th assemb. title missing. 15th to 19th assemb., Manderfield & Tucker public printers, Sta Fé; no translator named; English and Spanish in separate volumes from the 18th assemb. 20th assemb., A. P. Sullivan pub. printer. 21st to 23d assemb., M. & F. pub. printers; José D. Sena translator for 21st; Sam. Ellison translator from 22d to 26th. R. W. Webb printer 24th; Chas W. Green 25th; and N. Mex. Printing Co. 26th.
714
CHRONOLOGIC AND OFFICIAL.
speaker. At the same time the number of council- men was limited to twelve and of representatives to 24, though an increase from 13 to 18 and from 26 to 36 had been asked for in 1868-9. In 1880 the ses- sions were limited to 60 days. Congress passed a special act legalizing the laws of 1866-7 signed by an acting governor; and also legalized the election of November 1882, which had been held with a view to a session in 1883.
Congressional action on New Mexico is epitomized in another note.5 It did not extend far beyond the
5 Congressional appropriations for N. Mex .: 1864, govt $36,480, Ind. ser- vice $75,000; 1865, govt $33,500, Ind. $150,000; 1866, same; 1867, govt $33,000, Ind. $250,000, survey of N. boundary $19,000, census of 1860, $784; 1868, govt $33,000, Ind. $462,000; 1869, govt $14,000, Ind. $282,250; 1870, govt $28,500, Ind. $50,000; 1871, govt $36,000, Ind. $166,000; 1872, govt $14,500, Ind. $116,000; 1873, govt $36,950, Ind. $116,000, survey of E. bound. $1,400, mil. road $25,000; 1874, govt $19,000, Ind. $230,000; 1875, govt $41,878, Ind. $228,675, survey w. bound. $27,350, survey of private land claims $10,000; 1876, govt $16,000, Ind. $129,175; 1877, govt $33,200, Ind. $221,840; 1878, govt $15,400, Ind. $100,840; 1879, govt $19,483; Ind. $78,000, survey of private land cl. $10,351; 1880, govt $20,600, Ind. $46,000; 1881, govt $33,279, Ind. $43,000, land claims $8,000; 1882, govt $15,500, Ind. $6,000; 1884, govt $35,815, Ind. $45,000, land claims $16,000. See U. S. Statutes, 1864 et seq. The annual approp. for the land-office, N. Mexico's part of the military approp., and some minor approp. for deficiences are not included in this note.
Résumé of congressional action in behalf of N. Mexico, excluding approp. bills and a large number of bills that were simply introduced and referred to committees, as well as mention of memorials, etc., received, as noted in legis- lative proceedings, and action on contested elections, noted elsewhere. 1864-5, joint resol. to facilitate commun. with N. Mex .; joint commun. of delegates of N. Mex. and other territories approving the constit. amendment abolishing slavery; act estab. post-roads (later acts on this subject not noted). 1865-6, bill to confirm land claim of J. S. Ramirez passed by senate. 1866-7, bill to abolish peonage, passed sen. and house; bill to amend organic act so as to prohibit restriction of suffrage on account of race or color, passed sen. and house after much discussion; bill to provide for biennial sessions of the legisl. passed the house. 1867, act legalizing acts of the legisl. at session of 1866-7; bill to settle private land claims referred to com, (as were many other bills earlier and later on this subject, as also on the war and Ind. claims, not men- tioned in this note). 1867-8, resol. for relief of Navajo captives held as peons passed by sen, and house; several bills on lands, railroads, claims, and other subjects introduced by delegate Clever, but not finally acted on; bill for re- lief and reservation of Navajos at Bosque Redondo, passed by house and amended in sen. 1868-9, act on the Vigil and St Vrain land grants, for bene- fit of settlers; act confirming 5 land claims; act providing for biennial ses- sions of the legisl .; also amending organic act on the passing of- bills over the governor's veto by a § vote; also making gov. supt of public buildings, at a salary of $1,000; also making salary of sec. $2,000 from '67. 1869, act re- pealing acts of legisl. to impose a capitation tax on bovine cattle introduced from other states and territories. 1869-70, bill to annul part of a N. Mex. law on execution and mortgages, passed house and sen., bill to authorize a state constitution referred to com .; act on details of Vigil and St Vrain land
715
CONGRESSIONAL ACTS.
granting of the annual appropriations for government expenses, which, in years when the legislature met, were from $33,000 to $40,000, and about half as much in other years, besides much larger amounts for In- dian affairs and the military department. Bills re- lating to this distant territory were, as a rule, referred to committees, and never heard of again; but occa- sionally, acts were passed, chiefly of a routine nature, some of which have been mentioned in connection with legislative proceedings, and others I shall have occasion to notice in treating other topics.
Delegates to congress have been named in the offi- cial list.6 They did, apparently, all that territorial delegates might do for their constituents, which was very little.
grant; act increasing salary of justices to $3,000. 1870-1, bill to authorize state constitution under the name of Lincoln, reported by sen. com (but again referred to com. in sen. of '71); bill to pay volunteers' claims, tabled in house; bill to confirm Rio Grande land claim, passed house and sen., appar- ently (but referred to house com. in '71); act to sell mil. reservation at Ft Sumner. 1871, act to authorize legisl. to meet on Ist Monday in Dec., and authorizing an election. 1871-2, bill to enable land claimants to test the validity of their claims ref. to sen. com .; state of Lincoln bill tabled in house; act to pay salary of sec. as supt of public buildings to June '72, but repealing the act of '68 which gave that salary; act appointing A. P. Sullivan and C. P. Clever corporators of Centen. Board of Finance; act granting right of way to N. Mex. & Gulf R. R. 1872-3, act for completing mil. road, Sta Fé to Taos; bill to survey private land grants at govt expense ref. to house com .; bill to donate 10 sections of land for finding water in the desert, tabled; bills to extend time of voting on state constit. and to create a new land district, ref. to com. 1873 4, bill for state constit. passed by house, referred by sen .; act creating a new land district. 1874-5, bill for state constit. passed by sen. with amendments. 1876, bill for a state passed by sen., referred by house. 1876-7, house bill to pay Ind. depredation claims, tabled. 1877, bill to attach Grant co. to Arizona ref. to house com. 1877-8, bill to annul act of the legisl. incorporating society of Jesuits, passed by sen., ref. by house; bill for relief of mounted volunteers, passed by sen., ref. by house. 1878, act providing that the legislature is not to exceed 12 councilmen and 24 representatives, at $4 per day, the president and speaker getting $6. 1878-9, act annulling the act of the legisl. incorporating soc. of Jesuits. 1880-1, act limiting sessions of the legisl. to 60 days. 1881-2, act legalizing election of legisl. of Nov. '80. 1883-4, act legalizing legisl. elected Nov. '82 to meet in Feb. '84. See U. S. Statutes, Senate and House Journals, Cong. Globe, and Cong. Record, 1864 et seq.
6 Perea, democrat, was elected in 1863 over Gallegos by a vote of 7,231 to 6,425; in 1865 Chavez, republican, over Perea, 8,511 to 6,180; in 1867 Clever, dem., over Chavez, 8,891 to 8,794; in 1869 Chavez over Vicente Romero; in 1871 Gallegos over Chavez and José D. Sena; in 1873 Elkins over Gallegos; in 1875 Elkins over Pedro Valdés; in 1877 Romero over Valdés; in 1879 Otero over Benito Vaca; in 1881 Luna over Miguel A. Otero; in 1883 Manzanares, dem., over Luna, 13,376 to 12,287; in 1885 Joseph, dem., over L. B. Prince and W. L. Rynerson, 12,271 to 9,930, and 5,192; in 1887 Joseph over J. W. Dwyer.
716
CHRONOLOGIC AND OFFICIAL.
The seat of Perea in 1863-4 was unsuccessfully contested by Gallegos. For the congress of 1867-8 there was no election in New Mexico at the proper time, and Governor Mitchell took the liberty of ap- pointing John S. Watts as delegate ad interim, but he was not admitted, all agreeing that the governor had no such power. At the September election C. P. Clever had a majority of 97 votes, his election being certified by the governor, and pro forma by the secretary, and the delegate taking his seat. But Secretary Heath sent a separate certificate, to the effect that the election was fraudulent, which was supported by a resolution of the legislature; and after a long discussion Chavez, the contestant, was seated in February 1869, so that Clever was virtually the delegate in the fortieth congress.7 Again, in 1883, though Luna received the certificate of election, Man- zanares, the contestant, was seated by a unanimous vote of the house.
On the public buildings, capitol and penitentiary, no progress was made after 1857, when about $100,000 had been expended on the foundations, though there were frequent appeals to congress for appropriations to complete the structures. Meanwhile, the old adobe 'palace' was used for all public purposes. On this building repairs to the extent of $5,000 were made in 1866-7; but nothing more was done; the roof was leaky, the exterior was unplastered, and the rooms were small and inconvenient. "It is safe to say no other legislative body in the United States, outside of New Mexico, ever met inside of such disgraceful sur- roundings," wrote Secretary Ritch in 1875. In 1877-8, however, $2,260 was expended, of which $1,680 was paid by the national government, and the balance pro- vided for by act of the legislature. In 1880 congress was asked to cede the site and foundations of the new structures to the territory, and the legislature of
7 U. S. Govt Doc., 40th cong. 2d sess., H. Mis. Doc. 154; 3d sess. H. Mis. Doc. 14; H. Rept 18; Cong. Globe, 1867-8, p. 499-500, 778; N. Mex. Laws, 1867-8, p. 148-50.
717
LIBRARY, ARCHIVES, AND FINANCES.
1884 appropriated $200,000 in 20-year seven-per-cent bonds for their completion.8
Meanwhile, despite an appropriation of $40 in 1866-7 for shelves, the territorial library and the archives were in a fearful condition of neglect. Many books were scattered, lost, or stolen; and the rest were left in disorder and dirt. The sale of the old Spanish archives for wrapping paper in the time of Governor Pile, 1869-71, has been elsewhere noted. Governor Giddings boxed up about five cords of such remnants as could be rescued, to protect them from the weather and further loss.9 In 1880 the Historical Society of New Mexico was reorganized, and this society, or rather Ritch, Prince, and a few other indi- viduals acting in its name, has accomplished something toward the preservation of relics and records and awakening interest in historical matters.1º Since 1882, under the care of Samuel Ellison as librarian, the archives and library have been kept in order, and the former to some extent classified.
The territory was never in very desperate straits financially. In 1864 there was reported in the treas- ury a surplus of $5,416, which, however, dwindled to $15 in 1867, becoming a debt of $17,029 the next year, and of $70,000 in 1871. The debt diminished to $15,181 in 1880, was $25,372 in 1883, and was ap- parently wiped out in 1884.11 The assessed value of
8 See full reports of condition in 1867, in U. S. Govt Doc., 40th cong. 2d sess., H. Ex. Doc. 33. Mem. of legisl. for $70,000 to complete the work. Id., 39th cong. 2d sess., H. Ex. Doc. 101, p. 1-4. Mem. of the legisl. for $105,000 in 1864. Id., 38th cong. Ist sess., H. Mis. Doc. 69. In 1868-9 the sec. was made ex-officio supt of public buildings, at an additional salary of $1,000; but the salary clause was repealed in 1872. Id., 42d cong. 2d sess., H. Ex. Doc. 128; U. S. Stat., 1868-9, 1871-2. Estimates for repairs in 1875. H. Ex. Doc. 10, 44th cong. Ist sess.
9 See N. Mex., Message of Gov., 1871.
10 N. Mex. Hist. Soc., Charter, By-laws, etc., Sta Fé, 1881; Ritch's Inau- gural Address, Sta Fé, 1881. In '82 the legisl. sent a memorial asking that the adobe palace, as a relic of antiquity, be ceded to the Hist. Soc., and in '84 voted to permit the society to occupy rooms in the palace, besides appro- priating $400 for the purchase of relics, etc. In '82 an act was passed regu- lating the territorial library; and the librarian's report of 1883 contains a catalogue of 1,810 volumes, and mentions 144 pasteboard boxes containing the classified archives. N. Mex., Official Reports, 1882-3, p. 31-5.
11 M. Mex., Reports of Auditor and Treasurer, in Journals, and some of them printed separately; also messages of gov. and reports to the sec. inte-
718
CHRONOLOGIC AND OFFICIAL.
property, which had been $20,000,000 in 1860, before the cutting-off of Arizona and Colorado, was about $18,000,000 in 1870, in 1880 apparently several mil- lions less-though there is no agreement between different reports- and in 1884 about $29,000,000.12 The rate of taxation was never excessively high, the total rate in 1884, according to the governor's report, being eleven and one fourth mills on the dollar, of which five were for the territory, three for schools, two and one half for the counties, and the rest for interest, the poll tax of one dollar being for the benefit of schools. 13
Claims of New Mexican citizens against the United States were of several different classes, including those for losses in the revolt of 1847, for Indian depreda- tions in the later years, for militia service against the Indians, for similar service against the confederates, and for the destruction of property by the latter. Almost every legislature in memorials, and the gov- ernors in their messages, urged the payment of these
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