USA > New Mexico > History of New Mexico : its resources and people, Volume I > Part 14
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General Kearny's address was as follows:
"New Mexicans: We have come amongst you to take possession of New Mexico, which we do in the name of the government of the United States. We have come with peaceable intentions and kind feelings towards you all. We come as friends, to better your condition and make you a part of the Republic of the United States. We mean not to murder you, or rob you of your property. Your families shall be free from molestation; your women secure from violence. My soldiers will take nothing from you but what they pay you for. In taking possession of New Mexico we do not mean to take away your religion from you Religion and government have no connection in our country. There, all religions are equal; one has no preference over another ; the Catholic and Protestant are esteemed alike.
"Every man has a right to serve God according to his heart. When a man dies he must render to his God an account of his acts here on earth, whether they be good or bad. In our government, all men are equal. We esteem the most peaceable man the best man. I advise you to attend to your domestic pursuits-cultivate industry -be peaceable and obedient to laws. Do not resort to violent means to correct abuses. I do hereby proclaim that, being in possession of Santa Fé, I am therefore virtually in possession of all New Mexico. Armijo is no longer your governor. His power is departed. But he will return and be as one of you. When he shall return you are not to molest him. You are no longer Mexican subjects; you are now become American citizens, subject only to the laws of the United States. A change of gov- ernment has taken place in New Mexico, and you no longer owe allegiance to the Mexican government. I do hereby proclaim my intention to establish in this depart- ment a civil government, on a republican basis, similar to those of our own States. It is my intention, also, to continue those in office by whom you have been governed, except the governor, and such other persons as I shall appoint to office by virtue of the authority vested in me. I am your governor-henceforward look to me for protection."
The next day the chiefs and head men of the pueblo Indians came to give in their adhesion and express their great satisfaction at our ar- rival. * * * They and the numerous half-breeds are our fast friends now and forever.
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A message was received the same night from Armijo, asking on what terms he would be received, but this proved to be only a ruse on his part to gain time in his flight to the south. Accounts go to show that his force at the Cañon was four thousand men, tolerably armed, and six pieces of artillery. Had he been possessed of the slightest qualifications for a gen- eral he might have given us infinite trouble. A priest arrived last night, the 29th, and brought the intelligence that at the moment of Armijo's flight Ugarte, a colonel in the regular service, was on his march at this side of the Passo del Norte (El Paso) with five hundred men to support him; that, had he continued, he would have been unable to rouse the whole southern district, which is by far the wealthiest and most populous of, the whole country.
In the course of the week various deputations have come in from Taos, giving in their allegiance and asking protection from the Indians. That portion of the country seems the best disposed toward the United States. A Taos man may be distinguished at once by the cordiality of his salutation. [There was appended a footnote as follows: "Since this was written the massacre of the excellent Governor Bent has taken place in Taos. It proves the profound duplicity of this race."] * * * Various rumors have reached us from the south that troops are moving on Santa Fé and that the people are rising, etc. To quiet them an expedition of one hundred and fifty miles down the river has been determined on, to start on the Ist of September.
August 30 .- Today we went to church in great state. The governor's seat, a large, well-stuffed chair covered with crimson, was occupied by the commanding officer. The church was crowded with an attentive audience of men and women, but not a word was uttered from the pulpit by the priest, who kept his back to the congregation the whole time, repeating prayers and incantations.
The population of Santa Fé is from two to four thousand, and the inhabitants are, it is said, the poorest people of any town in the province. * * The better class of people are provided with excellent beds, but the lower class sleep on untanned skins. * Grain was very high when we first entered the town, selling freely at five and six dollars the fanegas (one hundred and forty pounds). Milk at six cents per pint, eggs three cents apiece, sugar thirty-five cents per pound and coffee seventy-five cents. The sugar used in the country is chiefly made from the cornstalk. A great reduction must now take place in the price of dry goods and gro- ceries, twenty per cent at least, for this was about the rate of duty charged by Armijo, which is now, of course, taken off.
Of the events dealing more directly with the subjugation of New Mexico, John T. Hughes's "Doniphan's Expedition" is the most reliable authority, although its pronounced sympathy with the American side leads to a suspicion of bias in his judgment of men and motives. His work is the source of most of the facts stated in the following paragraphs, and quo- tations, where not otherwise assigned, are from his book.
"Near this some time (late in August) the priest of San Felipe and the curate of the churches in the valley of Taos came to acknowledge the authority of the conqueror, receive his commands and ask protection for the churches and church property. The general having assured them that their temples of worship should be respected and their 'religion in the
Vol. I. 6
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amplest manner preserved to them,' they returned home peaceably and favorably disposed toward the Americans, more subdued by kindness than by force of arms. They did not even forbear to speak in praise of the gen- erous and magnanimous conduct of their conquerors. (It was not long before these faithless priests and leaders were detected in a conspiracy against the new government.)
"Also a young pueblo chief, with a few of his warriors, came in to see the new governor. He said he had heard of General Kearny and had come to see him; that he desired to know what his intentions were- whether he intended to protect the Pueblos or murder them; that the priests had told him that the Americans would plunder and kill them and take their wives and daughters away from them, and that such as they took prisoners they would brand on the face with a red-hot iron and thus make them American citizens; that he now desired to know if such was the truth; that if it were so, he would go back to his people and encourage them to fight the Americans; that it was better to die honorably, in defense of his people and country, than to suffer these outrages. He also stated that Governor Armijo had visited Taos and persuaded the pueblos to join his army, but that the wise men of the pueblos-old, venerable men, who had great experience and great knowledge-told Armijo that it was useless to fight the Americans; that they were a numerous people; that if he whipped the Americans in one battle, or destroyed one army, others would keep on coming from the east as long as the sun continued to shine, and that finally they would kill all the Mexicans and then kill the pueblos, their allies. Moreover, that Armijo would run when the fight came on, and leave the pueblos to be slaughtered by the enraged Americans. * * * General Kearny, pleased with the boldness and magnanimity of the young chief, gave him some money and other presents and dismissed him with assurances of his friendship."
Soon after issuing his proclamation, General Kearny, having occasion to transfer some government property into the hands of a public official, began writing an order on a piece of blank paper that lay on his desk. The alcalde, who happened to be in the room, remarked that an instrument in writing was not legal unless it were drawn on paper stamped by the govern- ment. He then handed Kearny a few sheets of the stamped paper, remark- ing that the government sold it for but eight dollars per sheet, "a very moderate sum to pay for having an important document strictly legal." The words Kearny had first intended to write upon the unstamped paper gave place to these :
"The use of the 'stamp paper' by the government of New Mexico is hereby abolished. Done by the governor, S. W. Kearny, brigadier gen- eral."
"I will now take it at its real value, like other paper," said the general to the astounded alcalde, ruining his hopes of further extortion.
Rumors having reached Santa Fé that the adherents of Armijo and a few pueblo Indians were rallying in force near Albuquerque, with the in- tention of attacking the Americans and removing the capital to the lat- ter city, General Kearny. with a force of seven hundred and twenty-five men, left Santa Fé on September 2nd, arriving at Albuquerque on the 5th, where the command, much to the surprise of all, was received with friendly demon- strations, and encamped that night eight miles below the town. From
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there they proceeded to Peralta and San Tome, but, finding conditions peaceful, the little army returned to Santa Fé, arriving there September 13th. During Kearny's absence Colonel Doniphan superintended the erec- tion of Fort Marcy, and with the aid of Willard P. Hall completed the "Organic Laws and Constitution" for the government of the new territory, now known as the "Kearny Code." These laws, which were hastily com- piled, were derived chiefly from the laws of Missouri and Texas and the constitution of the United States. The civil government was soon estab- lished and put in motion. A small printing press which had been used by, the Mexican officials was found, and with this the new laws were printed. As the Spanish language lías no W, two V's were substituted for one W. In this manner were the constitution and laws printed in both languages in parallel columns. The task of translating the laws into Spanish was as- signed to Captain David Waldo.
General Kearny's next step was to appoint civil officers for the Terri- tory, under the authority of the president. The men commissioned by him were as follows :
Governor, Charles Bent.
Secretary, Donaciano Vigil.
Marshal, Richard Dallan.
United States District Attorney, Francis P. Blair, Jr.
Auditor of Public Accounts, Eugene Leitensdorfer.
Judges of the Supreme Court, Joab Houghton, Antonio Jose Otero, Charles Beau- bien.
Fort Marcy, which commanded the city from an eminence to the north, was laid off by Lieutenant Gilmer of the topographical corps and L. A. Maclean, a volunteer of Captain Reid's company. It was built by the volunteer troops, those who labored ten days or more consecutively re- ceiving eighteen cents per day in addition to their regular allowance. The figure of the fort was that of an irregular tridecagon, and it had accom- modations for one thousand soldiers. Its walls were massive, thick and strong, and were built of adobe bricks two feet long, one foot wide and six inches thick. It was named in honor of William L. Marcy, then secre- tary of war.
On September 25th General Kearny, at the head of a small force, set out for California, leaving Colonel Doniphan in command of all the forces in New Mexico until the arrival of Colonel Sterling Price, who was to succeed him, leaving Colonel Doniphan free to proceed upon his expedition to join General Wool at Chihuahua, according to the original plans. Colonel Price, at the head of the Second Missouri Mounted Volunteers, with one mounted extra battalion and one extra battalion of Mormon infantry, a total of about twelve hundred men, left Fort Leavenworth about the middle of August. About this time Captain Allen of the First Dragoons, under or- ders from the war department, proceeded to Council Bluffs, where for sev- eral months the Mormons had been collecting with the intention of found- ing a settlement, and there raised a body of five hundred volunteer in- fantry. This body was outfitted at Fort Leavenworth, and soon after the departure of Price took up the march to Santa Fé and thence to the Pacific coast.
Colonel Price, his health almost shattered as the result of the hardships incident to the journey across the plains, arrived in Santa Fé with a few of
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his staff officers on September 28. His troops followed him day by day, the greater part of them, including the Mormon battalion, being delayed until the 9th to the 12th of October. The aggregate effective force of the American army in Santa Fé at this time was about thirty-five hundred men. Soon after this force was somewhat broken up by Doniphan's orders, num- bers being dispatched to various localities where forage and water might be easily obtained.
On October II a message was received from General Kearny to the effect that news had been received that the Americans had occupied Cali- fornia without resistance, and instructing Colonel Doniphan to delay his contemplated move upon Chihuahua for a time, and proceed against the Nav- ajo Indians and chastise them for their recent depredations. As winter was approaching, Doniphan executed the order with all possible expedition. Four months' pay was now due the soldiers, and many of them would soon be destitute of clothing suitable for the winter, yet Doniphan had not a dollar of government funds on hand to meet the just demands of the men. Small wonder, then, that they regarded the Navajo campaign as a hard- ship. But they entered upon the work with more zest than should have been expected under the circumstances. Proceeding down the Rio Grande to the Rio Puerco, they entered the mountains, but finding no Indians, part of the command continued their journey to the ruins of Valverde, where headquarters were established. From here expeditions against the Navajos into the mountains to the west were made. Portions of the command went westward from Albuquerque to the Pueblo of Laguna, and explored the country in that vicinity, finding most of the Navajos inclined toward peace, though they were levying tribute upon the frontier Mexican and pueblo villages. Lieutenant-Colonel Jackson had been instructed by General Kearny to negotiate a triple league of peace between the Navajos, Pueblos and Mexicans on one side and the Americans on the other. The Navajos were willing to treat with the Americans, but they were unable to compre- hend why they should be asked to surrender the captives and property which they had taken from the Mexicans and pueblos. Neither could they conceive how the Mexicans, having been conquered by the Americans, had become American citizens. Captain Reid, with about thirty men, under the guidance of Sandoval, a noted Navajo chief, penetrated the Navajo country as far as the Colorado river. While the expedition was not productive of any immediate beneficial results, it tended to give the Navajos a good im- pression of the enterprise and good faith of the Americans, though they could not be induced to place any confidence in Mexican promises.
In the meantime a detachment had been sent out from Santa Fé to preserve order among the Utes, under command of Major Gilpin. Other parties were dispatched on similar missions among the border tribes. These detachments finally effected a junction with Doniphan's main command, reporting that the Indians had said they had entered into a treaty of peace with the Americans, alluding, doubtless, to the equivocal arrangement made with Captain Reid. Dissatisfied with this arrangement, Doniphan finally succeeded in arranging for a meeting with the chief men of the tribe at Bear Spring, where a formal treaty was made on November 22. The exer- tions resulting in this treaty were, at that time, almost unparalleled, for the Navajos and Mexicans had been at war ever since the Spanish settlement of the country.
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Upon his return from the Navajo country Colonel Doniphan concen- trated his force at Valverde, preparatory to his march to Chihuahua, and sent to Santa Fé for additional artillery. The expedition started across the Jornado del Muperto, in three detachments, about the middle of November. On the 22d of that month they reach Doña Ana, and encamped upon the soil of the state of Chihuahua. At Brazito they met a force of Mexicans under General Ponce de Leon, and a desperate engagement ensued. The victory lay with the Americans, the Mexicans fleeing in panic. This battle was fought on Christmas day, 1846. By this defeat the Mexican army was completely disorganized and dispersed. The capture of El Paso, the battle of Sacramento and the capitulation of Chihuahua followed, and the successful termination of the historic Doniphan expedition was a matter of but a few days.
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MILITARY REGIME AND TAOS REVOLUTION
With the occupation of Santa Fé, General Kearny proclaimed the authority of the United States in the Territory, and proceeded to establish civil government in the conquered domain. These facts have been narrated on preceding pages, but in order to understand thoroughly the grounds on which New Mexico became a possession of the United States, and how far the charges are justified that the Mexican war was "a war for the acquisi- tion of territory," it is necessary to present a more complete review of the circumstances attending the spread of American authority over this part of the Southwest.
Before the departure from Leavenworth of the Army of the West, General Kearny received the following instructions, in part, from the secre- tary of war ( Marcy) : "Should you conquer or take possession of New Mexico and California, or considerable places in either, you will establish temporary civil governments therein, abolishing all arbitrary restrictions that may exist, so far as it may be done with safety. In performing this duty it would be wise and prudent to continue in their employment all such of the existing officers as are known to be friendly to the United States and will take the oath of allegiance to them. You may assure the people of these provinces that it is the wish and design of the United States to pro- vide for them a free government with the least possible delay, similar to that which exists in our territories. They will then be called upon to exer- cise the rights of free men in electing their own representatives to the terri- torial legislature. It is foreseen that what relates to the civil government will be a difficult and unpleasant part of your duty, and much must neces- sarily be left to your own discretion. In your whole conduct you will act in such a manner as best to conciliate the inhabitants and render them friendly to the United States."
This order, dated June 3, 1846, seems to indicate a clear intention, at least on the part of those concerned in its issuance, to incorporate under the United States government all portions of New Mexico and California which should be won by force of arms. Gen. Kearny, in his famous proclamation of August 22, 1846, to the inhabitants of New Mexico, showed that he meant to follow out these instructions with very liberal regard for their essential provisions as above quoted. His proclamation, issued four days after the capture of Santa Fé, is as follows :
"Proclamation to the inhabitants of New Mexico, by Brigadier General S. W. Kearny, commanding the army of the United States in the same:
"As by the act of the Republic of New Mexico a state of war exists between that government and the United States, and as the undersigned, at the head of his troops, on the 18th instant, took possession of Santa Fe, the capital of the Department of New Mexico, 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 military force, and
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an equally strong one is following close in his rear. He has more troops than neces- sary to put down any opposition that can possibly be brought against him, and there- fore it would be folly and madness for any dissatisfied or discontented persons to think of resisting him.
"The undersigned has instructions from his government to respect the religious institutions of New Mexico, to protect the property of the church, to cause the wor- ship 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 property of all quict and peaceable inhabitants within its boundaries, against their enemies, the Eutaws, Navajos and others. And while 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 in maintaining the authority and efficiency of the laws; and to require 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 confiscation, 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 present; provided, they will consider themselves good citizens and willing to take the oath of allegiance to the United States.
"The undersigned hereby absolves all persons within the boundary of New Mexico from further allegiance to the Republic of Mexico, and hereby claims them as citizens of the United States. Those who remain quiet and peaceable will be considered as 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 accord- ingly. Don Manuel Amijo, the late governor of this department, has fled from it. The undersigned has taken possession of it without firing a gun or shedding a drop of blood, in which he most truly rejoices, and for the present will be considered as the governor of this Territory.
"Given at Santa Fé, the capital of the Territory of New Mexico, this 22d day of August, 1846, and in the seventy-first year of the independence of the United States.
"By the Governor :
"S. W. KFARNY, Brigadier General."
This proclamation was followed in a few weeks by the publishing of the famous "Kearny Code." The "Bill of Rights" accompanying this de- clares the basic principles according to which law and government under American rule should proceed. The exact words of this document follow :
"That the great and essential principles of liberty and free government may be recognized and established it is hereby declared :
"First. That all political power is vested in and belongs to the people.
"Second. That the people have the right peaceably to assemble for their common good, and to apply to those in power for redress of grievances by petition or remon- strance.
"Third. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no person can ever be hurt, molested or restrained in his religious professions if he do not disturb others in their religious worship; and that all Christian churches shall be protected and none oppressed, and that no person, on account of his religious opinions, shall be rendered ineligible to any office of honor, trust or profit.
"Fourth. That courts of justice shall be open to every person, just remedy given for every injury to person or property, and that right and justice shall be admin- istered without sale, denial or delay, and that no private property shall be taken for public use without just compensation.
"Fifth. That the right of trial by jury shall remain inviolate.
"Sixth. That in all criminal cases the accused has the right to be heard by himself and counsel, to demand the nature and cause of the accusations, to have
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compulsory process for witnesses in his favor, to meet the witnesses against him face to face, and to have a speedy trial by a jury of his country.
"Seventh. The accused cannot be compelled to give evidence against himself, or be deprived of liberty, or property, but by a verdict of a jury and the laws of the land.
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