USA > California > The conquest of California and New Mexico, by the forces of the United States, in the years 1846 & 1847 > Part 5
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" Tuesday, August 18 .- Started as usual, and at six miles came to the cañon, where the Mexican army had been assembled. There had been 3000 troops there, but it seems that the nearer we ap- proached them, the fewer they became, and when we passed through they had all gone. The position they chose was near the lower end, and it was one of great strength. The passage was not more than forty feet wide-in front, they had made an obstruc- tion with timber, and beyond this, at 300 yards' distance, was an eminence in the road, on which their cannon had been placed ; and it was thought by us that their position was equal to 5000 men. We reached the hill which overlooks Santa Fé, at 5, P. M. Major Clark's artillery was put into line, and the mounted troops and infantry were marched through the town to the palace, (as it is called,) on the public square, where the general and his staff dismounted, and were received by the acting governor, and other dignitaries, and conducted to a large room. The general stated, in a few words, the object of his visit, and gave assurances of safety and protection to all unoffending citizens. While this transpired,
53
POSSESSION OF SANTA FE.
the stars and stripes were hoisted on the staff which is attached to the palace, by Major Swords, and as soon as it was seen to wave above the buildings, it was hailed by a national salute from the batteries of Capts. Fischer and Weightman, under the command of Major Clark. While the general was proclaiming the conquest of New Mexico, as a part of the United States, the first gun was heard. 'There,' said he, 'my guns proclaim that the flag of the United States floats over this capital.' The people appeared satis- fied. The general slept in the palace, (we democrats must call it the governor's house.) One company of dragoons was kept in the city as a guard, and the business of the day was ended.
"Thus, in the short space of fifty days, has an army been marched nearly 900 miles, over a desert country, and conquered a province of 80,000 souls, without firing a gun-a success which may be attributed mainly to the skill and ability with which Gen. Kearny has managed this arduous and delicate business. In ex- plaining his object in coming into the country, and the kindness he felt for the inhabitants, he was mild and courteous ; but then, (would add,) 'I claim the whole of New Mexico for the United States. I put my hand on, it from this moment, (bringing his hand firmly down on his thigh,) and demand obedience to its laws.'
"Wednesday, August 19 .- The general addressed the whole people to-day, more at length than he had on other occasions, and took particular care to give them the most positive assurances of protection in their persons, property, and religion. Many families had fled on his approach, and he told their friends to bring them back, and to say to them that they would be more safe under his administration than they had ever been. He stated, that in taking possession of New Mexico, he claimed the whole of it for the United States, without reference to the Rio Grande. He absolved them from their allegiance to Mexico and Governor Armijo, and proclaimed himself governor of New Mexico, and claimed them as citizens of the United States.
"The acting governor and alcaldes then took the oath of alle- giance to the United States, and the people, with a simultaneous
E2
54
GEN. KEARNY AND THE INHABITANTS.
shout, exclaimed 'Vive le General.' The acting governor then addressed the people as follows :- .
"'John Baptist Vigil, alcalde, political and military governor, pro tem., of the department of New Mexico, to the inhabitants of Santa Fé, the capital thereof, greeting : It having been out of my power, by all the exertions that I could put in practice, to calm the fears impressed on the inhabitants by the desertion of Gen. Don Manuel Armijo and his soldiers, and what was most frightful, he having made them conceive, on the approach of the military forces of the government of the United States of North America to the capital, that said forces were composed of cruel and sanguin- ary savages, and for which many families have left their homes to hide themselves in the desert-believing that no security, no protection of their lives or property was to be expected from the commander of said forces ; and in order to appease these fears, I thought it convenient and necessary to order to be set up in the most public places, the proclamation of the chief of said forces, of which the following is its tenor.' He then read the proclamation which Gen. Kearny had sent among the Mexicans in advance.
" Thursday, August 20, and Friday 21 .- The general sits in his room, and is constantly receiving visits from the officers of ex- Governor Armijo and others, who fled on his approach. To all who remain quiet and peaceable, he promises protection. Many of them come into his presence very much disquieted, but he has the happy faculty of calming all their fears, and he is winning laurels among them daily. Ex-Governor Armijo has certainly fled. The cannon he took from the place have been retaken by Capt. Fischer, and will be here soon. The gun taken from the Texan prisoners was left in a mountain, carriage destroyed ; the gun, a brass six-pounder, has been recovered.
" Saturday, August 21 .- The general is still receiving visits and attending to matters and things which are referred to him. Capt. Waldo, of the volunteers, is translating the few written laws which can be found.
" Sunday, August 23 .- The general and his staff, and some. other officers went to church to-day. There are no seats in the
55
GOVERNOR ARMIJO.
church, except one for the governor, and a bench on which his subs sit. Gen. Kearny occupied the former, and we the latter. The rich and the ragged kneel or sit on the floor, as best they can. When the priests were ready, the service commenced with a piece of music, not unlike what I have heard in the theatre, and pretty well played. This continued with different pieces of music till the ceremony was over. After which, they escorted the general to his quarters with music.
"There is evidently a large proportion of very ignorant people here, and many of them seem to think, judging from their deport- ment, that they have no rights, and are bound to obey their supe- riors. When our laws and institutions are established here, the resources of the country will be developed, and these people will become prosperous and happy."*
It subsequently appeared, that Governor Armijo had actually 4000 men at his command, but very badly armed; and that on the 16th, they left for the place appointed as the battle-ground. When he got there, however, a council of his officers was called, and they refused to fight. Very soon after this determination, Gov. Armijo turned his head towards Chihuahua, followed by a few dragoons.
In fact, the star-spangled banner now waved over the capital of New Mexico. American sentinels guarded the town ; American soldiers paraded on the public plaza. On the highlands south, tent upon tent was to be seen, their inmates busily engaged clean- ing their armour, drilling, and attending to their various military duties ; the cannon of Major Clark's battalion pointing signifi- cantly with their muzzles towards the town-all denoting that the war east of the Rio Grande was ended. The fall of the capital
* The " unofficial journal" of Lieut. Emory, chief of the Engineer staff of Gen. Kearny's command, distinguished for his intelligence as an officer and a man, and now Lieutenant-colonel of Col. G. W. Hughes's regiment, was pub- lished in the " Union" of 22d and 23d of October, and 5th of November, 1846. It confirms and gives these incidents, &c., in greater detail. The limits of this work preclude the insertion here, of what will be found exceedingly interesting 'o those who desire fuller details than this work professes to give.
56
COUNTRY ROUND SANTA FE.
was in effect the fall of the country. Here a scarcity of forage was experienced, and portions of the troops were necessarily stationed with almost all the horses at villages around-some of them many miles distant-for the purpose of grazing the ani- mals.
The highly efficient quartermaster, Major T. Swords, of United "States .Dragoons, wrote Gen. Jesup : "Should the additional regi- ment of Missouri Volunteers, under Col. Price, be stationed in this section of country during the coming winter, I see but little pros- pect of their animals getting through it, as there will be no sur- plus forage in the country, and the grazing for miles around is said to be entirely eaten up. The country round here is, indeed, too poor to sustain any living thing but the wretched inhabitants, their donkeys, goats, and sheep. Should a large military force be kept in the country, it must be attended with enormous expense- the country furnishing but few of the articles necessary for the support of an army."
Lieut. Emory, also, speaks of the country round about Santa Fé, as " poor and barren," but important in a military point of view, &c.
Of the gallant volunteers, officers and men, a most interesting and original, as gallant and noble-rough yet generous-kind yet brave-a set as ever mingled strangers with a strange people- strange manners-strange customs-they to the Mexicans, and the Mexicans to them-they and their adventures are too full of pleasant interest to venture upon here, else this work would be enlarged beyond its prescribed limits.
Colonel, now Brigadier-general Kearny, was laboriously occu- pied with his various responsible duties. He early ordered the erection of a fort, a site for which was selected within six hun- dred yards of the town, and from sixty to one hundred feet above it. The Engineer officers, Lieuts. Emory, Gilmer and Peck, la- boured assiduously until, under their superintendence, arose a most imposing structure, called Fort Marcy. A tall flag-staff, erected by the quartermaster's department-spire upon spire towering to- wards the heavens, and bearing the American banner, excited the
57
PROCLAMATION OF GEN. KEARNY.
wonder of the natives so far that old men were said to have walked sixty miles to look upon it.
The chiefs and head men of the Puebla Indians came in to give in their adhesion. These are represented as a large and for- midable band, yet among the most peaceful of New Mexico.
A band of Navahoes were told of their plundering habits, and, if the Mexicans were again disturbed, they would be hung.
Here was issued the following :-
Proclamation to the Inhabitants of New Mexico, by Brigadier- general S. W. Kearny, commanding the troops of the United States in the same.
As, by the act of the republic of Mexico, a state of war exists between that government and the United States ; and as the un- dersigned, at the head of his troops, on the 18th instant, took pos- session of Santa Fé, the capital of the department of New Mex- ico, he now announces his intention to hold the department, with its original boundaries, (on both sides of the Del Norte,) as a part of the United States, and under the name of the Territory of New Mexico.
The undersigned has come to New Mexico with a strong mili- tary force, and an equally strong one is following close in his rear. He has more troops than is necessary to put down any opposition that can possibly be brought against him, and therefore it would be but folly or madness for any dissatisfied or discontented persons to think of resisting him.
The undersigned has instructions from his government to re- spect the religious institutions of New Mexico-to protect the property of the church-to cause the worship of those belonging to it to be undisturbed, and their religious rights in the amplest manner preserved to them-also to protect the persons and pro- perty of all quiet and peaceable inhabitants within its boundaries against their enemies, the Eutaws, the Navajoes, and others ; and when he assures all that it will be his pleasure, as well as his duty, to comply with those instructions, he calls upon them to exert themselves in preserving order, in promoting concord, and
58
PROCLAMATION OF GEN. KEARNY.
in maintaining the authority and efficacy of the laws. And he requires of those who have left their homes and taken up arms against the troops of the United States to return forthwith to them, or else they will be considered as enemies and traitors, subjecting their persons to punishment and their property to seizure and con- fiscation for the benefit of the public treasury.
It is the wish and intention of the United States to provide for New Mexico a free government, with the least possible delay, similar to those in the United States; and the people of New Mexico will then be called on to exercise the rights of freemen, in electing their own representatives to the territorial legislature. But until this can be done, the laws hitherto in existence will be continued until changed or modified by competent authority ; and those persons holding office will continue in the same for the pre- sent, provided they will consider themselves good citizens, and are willing to take the oath of allegiance to the United States.
The United States hereby absolve all persons residing within the boundaries of New Mexico from any further allegiance to the republic of Mexico, and hereby claim them as citizens of the United States. Those who remain quiet and peaceable will be considered good citizens, and receive protection-those who are found in arms, or instigating others against the United States, will be considered as traitors, and treated accordingly.
Don Manuel Armijo, the late governor of this department, has fled from it : the undersigned has taken possession of it without firing a gun, or spilling a single drop of blood, in which he most truly rejoices, and, for the present, will be considered as governor of the territory.
Given at Santa Fé, the capital of the territory of New Mexico, this 22d day of August, 1846, and in the 71st year of the Inde- pendence of the United States. S. W. KEARNY,
Brigadier-general U. S. Army.
By the Governor, JUAN BAUTISTA VIGIL Y ALAND.
And on the day after, the following letter was addressed to Gen. Roger Jones :
59
GEN. KEARNY'S REPORT.
HEAD-QUARTERS, ARMY OF THE WEST, Santa Fé, New Mexico, August 24, 1846.
SIR :- I have to report, that on the 18th instant, the army under my command marched into this city, the capital of New Mexico, having met with no armed resistance ; the Mexican troops, num- bering about 4000, which had been collected on the road under Governor Armijo to oppose us, having dispersed on our approach- ing them, and the governor himself having fled with a troop of his dragoons, towards Chihuahua. On the 22d, I issued a proclama- tion, claiming the whole of New Mexico, with its then bounda- ries, as a territory of the United States of America, and taking it under our protection. I send, herewith, copies of all official papers on the subject. The people of the territory are now per- fectly tranquil, and can easily be kept so. The intelligent portion know the advantages they are to derive from the change of go- vernment, and express their satisfaction at it.
In a few days, I shall march down the Del Norte, and visit some of the principal cities below, for the purpose of seeing the people and explaining to them personally our intentions relating to the territory. On my return (which will be in two or three weeks) a civil government shall be organized, and the officers ap- pointed for it; after which, I will be ready to start for Upper California, which I hope may be by the latter end of next month ; and in such case, I shall expect to have possession of that depart- ment by the close of November.
I have not heard from or of Colonel Price and his command, which he was to raise and bring here, and have received but vague rumours of Captain Allen and the Mormons. I suppose, 1 however, they will all be here in a few weeks. Captain Allen's command will accompany me to the Pacific, and the number of efficient men he brings will determine the additional number I must take from here. After deciding upon that, and upon the number which will be necessary to hold this territory, I shall send the surplus to Chihuahua, to report to Brigadier-general Wool. I enclose a copy of my communication to him of the 22d instant.
. On the 15th instant, I received yours of 2d and 3d July, the
60
ORDERS AND INSTRUCTIONS.
former enclosing a copy of a letter to Captain Tompkins, Third Artillery, from the general-in-chief-the latter enclosing for me a commission of brigadier-general, which I hereby accept of, and for which I offer to the President and Senate my acknowledgment and thanks for the honour they have conferred on me.
Very respectfully, your obedient servant,
S. W. KEARNY, Brigadier-general.
Brigadier-general R. JONES,
Adjutant-general U. S. A. Washington.
In' a word, the expedition of Gen. Kearny with the " Army of the West," had-without firing a gun, or spilling a drop of blood, and after a march of 873 miles in forty-nine days,-resulted, thus far, in the most successful triumph which even the most sanguine could have imagined.
On the other hand, it is necessary to state, that the "orders or instructions" relating to the "occupation of Mexican territory," together with the substance, intent, and meaning, &c., of the pro- clamations, laws, &c., promulgated by military and naval com- manders, in New Mexico and in California, became a subject of discussion in the Congress of 1846-7.
In answer to a call from the House of Representatives, of De- cember 15, 1846, to communicate all " orders or instructions" to any military, naval, or other officers of the government, "in relation to the establishment or organization of civil government in any por- tion of the territory of Mexico which has or might be taken pos- session of by the army or navy of the United States," the Presi- dent, on the 22d of that month, replied :
" These orders and instructions were given to regulate the exer- cise of the rights of a belligerent, engaged in actual war, over such portions of the territory of our enemy as, by military conquest, might be 'taken possession of' and be occupied by our armed forces-rights necessarily resulting from a state of war, and clearly recognised by the laws of nations. This was all the authority which could be delegated to our military and naval commanders, and its exercise was indispensable to the secure occupation and
61
INSTRUCTIONS.
possession of territory of the enemy which might be conquered. The regulations authorized were temporary, and dependent on the rights acquired by conquest. They were authorized as belligerent rights, and were to be carried into effect by military or naval offi- cers. They were but the amelioration of martial law, which modern civilization requires, and were due as well to the security of the conquest, as to the inhabitants of the conquered territory.
"Among the documents accompanying the report of the Secre- tary of War, will be found (see Ex. Doc. No. 19, House of Reps. 2d sess. 29th Cong., from which these extracts are made) a 'form of government,' 'established and organized' by the military com- mander who conquered and occupied, with his forces, the territory of New Mexico. This document was received at the War De- partment in the latter part of the last month, and as will be per- ceived by the report of the Secretary of War, was not, for the rea- sons stated by that officer, brought to my notice until after my annual message of the 8th instant was communicated to Congress.
" It is declared on its face to be a 'temporary government of the said territory ;' but there are portions of it which purport to 'es- tablish and organize' a permanent territorial government of the United States over the territory, and to impart to its inhabitants political rights which, under the Constitution of the United States, can be enjoyed permanently only by citizens of the United States. These have not been 'approved and recognised' by me. Such organized regulations as have been established in any of the con- quered territories for the security of our conquest, for the preser- vation of order, for the protection of the rights of the inhabitants, and for depriving the enemy of the advantages of these territories while the military possession of them by the forces of the United States continue, will be recognised and approved.
" It will be apparent, from the reports of the officers who have been required by the success which has crowned their arms to ex- ercise the powers of temporary government over the conquered territories, that if any excess of power has been exercised, the departure has been the offspring of a patriotic desire to give to the inhabitants the privileges and immunities so cherished by the peo-
F
62
REPORT OF THE SECRETARY OF WAR.
ple of our own country, and which they believed calculated to improve their condition and promote their prosperity. Any such excess has resulted in no practical injury, but can and will be early corrected, in a manner to alienate as little as possible the good feel- ings of the inhabitants of the conquered territory."
Accompanying the reply of the President, was the report of the Secretary of War, above alluded to, which is here given entire :
WAR DEPARTMENT, December 21, 1846.
SIR : In compliance with your request to be furnished with all the information in the War Department in regard to the objects of inquiry embraced in the resolution of the House of Representatives of the 15th instant, I have the honour to report that the accompany- ing papers, numbered from 1 to 24, contain all the orders and instructions which have issued from this department to any officer of the army "in relation to the establishment or organization of civil government in any portion of the territory of Mexico, which has been or might be taken possession of by the army or navy of the United States." They also furnish all the information in this department in relation to any form of government which any such officer has established or organized, and also in relation to any ap- proval or recognition of such government.
As the information called for by the resolution of the House of Representatives is contained in various despatches which relate principally to military operations, I have preferred, in most in- stances, to give the whole document, though parts of it have little or no direct relation to the matters embraced in that resolution. What is omitted does not relate to any branch of the inquiry, but chiefly to the plans of the campaign, and contemplated military movements, which it would not be proper to make public.
You will perceive that I stated, in my letter of the 3d of June last, to Gen. Kearny, that a proclamation in the Spanish language would be furnished to him for the purpose of being distributed among the Mexican people. A few copies of the proclamation prepared for Gen. Taylor were sent to Gen. Kearny ; but, owing to the different circumstances in which the two generals might be
63
REPORT OF THE SECRETARY OF WAR.
placed, it was afterwards deemed proper to instruct Gen. Kearny not to use them, and I am not aware that he did so in any instance. My letter to him on this subject, dated the 6th of June, is one of the papers herewith transmitted.
Among the accompanying documents you will find two procla- mations issued by Gen. Kearny, but neither the form nor substance of them was furnished from this department.
In relation to the annexed paper, No. 24, called the "Organic Law of the Territory of New Mexico," it is proper that I should state that it was received at the Adjutant-general's office on the 23d of November, and thence sent to me. As the document was voluminous, and my whole time was required for the indispensable current business of the department, then unusually pressing, and for preparing my annual report to accompany your message to Con- gress, I did not, at that time, nor until a few days since, examine it; and it was not laid before you to receive your directions in regard to it.
I have the honour to be, very respectfully, your obedient servant, W. L. MARCY.
To the PRESIDENT.
Of the "accompanying papers," it is believed that all of import- ance to our subject are either given here in the narrative, or in the Appendix, with the exception of the "Organic Law of the Ter- ritory of New Mexico," which is too voluminous for our publica- tion. And it may be proper to add, that the executive action above detailed, applies to any " organization of civil government," if such there be, that may come to be spoken of in this work.
On the 27th, Gen. Kearny issued an order regulating licenses for stores, &c., duties on wagons, &c. ; and, on the 29th, the use of stamped paper, previously required by Mexican law, was abo- lished.
On the 1st of September, he writes the Adjutant-general of the United States : "I am now endeavouring to raise from the inhabit- ants of the territory a company of infantry (volunteers for one
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