USA > New Mexico > History of New Mexico : its resources and people, Volume I > Part 15
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"Eighth. That no person, after having been once acquitted by a jury, can be tried a second time for the same offense.
"Ninth. That all persons shall be bailed by sufficient sureties, except in capital offences where proof of guilt is evident, and the privilege of a writ of habeas corpus cannot be suspended except the public welfare shall require it in the case of rebellion or invasion.
"Tenth. Excessive bail shall not be required, excessive fines imposed, nor cruel and unusual punishment inflicted.
"Eleventh. That the people shall be secure in their persons, papers, houses and effects from unreasonable searches and seizures, and that no writs shall issue for a search or seizure without a probable cause of guilt is made out under oath.
"Twelfth. That free communication of thoughts and opinions is one of the invaluable rights of free men, and that every person may freely speak, write or print on any subject, being responsible for every abuse of that liberty.
"Thirteenth. That no vicar, priest, preacher of the Gospel, nor teacher of any religious denomination shall ever be compelled to bear arms, or to serve on juries, work on roads or perform military duty.
"Done at the Government House, in the City of Fanta Fe, in the Territory of New Mexico, by Brigadier General Stephen W. Kearny, by virtue of the authority conferred upon him by the Government of the United States, this twenty-second day of September, A. D. 1846.
"S. W. KEARNY, "Brigadier General, U. S. A."
In sending to Washington a copy of the laws prepared for the govern- ment of New Mexico and list of appointments of civil officers, General Kearny refers to the preparation of the code in the following language:
"I take great pleasure in stating that I am entirely indebted for these laws to Colonel A. W. Doniphan, * * * who received much assistance from Private Willard P. Hall of his regiment.
"These laws are taken, part from the laws of Mexico-retained as in the original- a part with such modifications as our laws and constitutions made necessary; a part from the laws of the Missouri Territory; a part from the laws of Texas; and also of Texas and Coahuila ; a part from the statutes of Missouri; and the remainder from the Livingston Code."
In this manner was the famous Kearny Code of law brought together. The organic law, he states, "is taken from the organic law of Missouri Territory."
It will be remembered that the ostensible object of the Mexican war had been to extend the Texas boundary to the Rio Grande river. No refer- ence is made to this in any of the instructions given to General Kearny, and his extension of civil government along both sides of the Rio Grande quite ignored any pretensions that Texas might set up to the east side. The enemies of the administration in Washington at the time made all these facts the basis for extreme denunciation of the war and all its results.
This partisan fight at Washington led to some modification of General Kearny's course in New Mexico. On January II, 1847, the war and navy departments sent dispatches regarding the authority of those entrusted with the conquest of the southwestern country. Secretarv Marcy (war) said in his dispatch: "It is proper to remark that the provisions of the laws which have been established for the government of the Territory of New Mexico
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go, in some few respects, beyond the line designated by the president, and propose to confer upon the people of that territory political rights under the constitution of the United States. Such rights can only be acquired by the action of Congress. So far as the code of laws established in New Mexico by your authority attempts to confer such rights, it is not approved by the president, and he directs me to instruct you not to carry such points into effect."
In his dispatch of the same date to Commodore Stockton, the secre- tary of the navy said: "Pending the war, our possession gives only such rights as the laws of nations recognize, and the government is military, per- forming such civil duties as are necessary to the full enjoyment of the advan- tages resulting from the conquest and to the due protection of the rights of persons and of the property of the inhabitants. No political rights can be conferred on the inhabitants thus situated emanating from the constitution of the United States."
As the evident object of the dispatch was to correct the errors which had been committed in the organization of civil government in New Mexico, and as no error was specified in the dispatch but that of giving the people of the Territory a representation in Congress, the natural conclusion seemed to be that none other existed in the laws or form of government adopted for the Territory. That the error alluded to did not consist in permitting the people to elect agents to assist in the making or the execution of the laws is evident from the following paragraph from the dispatch last re- ferred to:
"In the discharge of the duty of government in the conquered territory during our military possession, it has not been deemed improper or unwise that the inhabitants should be permitted to participate in the selection of agents to make or execute the laws to be enforced. Such a privilege cannot fail to produce amelioration of the despotic character of martial law, and constitute checks, voluntarily and appropriately submitted to by officers of the United States, all whose instructions are based on the will of the governed. I have regarded your messages in authorizing the election of agents charged with the making of laws or in executing them as founded on this principle, and, so far as they carry out the right of temporary government under existing rights of possession they are approved, but no officers created or laws or regulations made to protect the rights or per- form the duties resulting from our conquest can lawfully continue beyond the duration of the state of things which now exists, without the authority of future treaty or act of Congress."
It is therefore evident that the Kearny Code and the act of the session of December, 1847, were valid with the restriction above alluded to with regard to political rights under the constitution of the United States. But as the temporary government established ceased to exist upon the conclusion and exchange of ratifications of a treaty of peace with Mexico, it was main- tained that the laws passed by the temporary civil government ceased to exist also, unless perpetuated by the treaty itself. The Supreme Court decided that the treaty did not provide any system of government for the ceded territory, but only provided that civil rights that had been legally vested by the Mexican laws in Mexican citizens, who for the future should be American citizens, should not be taken away from them.
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TAOS REVOLUTION.
After the occupation of Santa Fe by General Kearny many of the native inhabitants of the Territory became dissatisfied with the new order of things. Threats against the new government were freely made, and though it was generally believed that this was due to the spirit of bravado for which the Latin race has always been more or less celebrated, the authorities deemed it discreet to keep a close watch on the movements of the discontented ones. General Kearny had proceeded to California, leaving Colonel Sterling J. Price in command at Santa Fé. During the fall of 1846 Colonel Price learned from reliable sources that Tomas Ortiz and. Diego Archuleta, two influential native politicians, with the secret assistance of Fr. Antonio José Martinez, priest in charge of the Roman Catholic parish of Fernando de Taos, had been inciting a general uprising of the Mexicans and pueblo Indians, especially those located in the northern part of the Territory. The plan of these conspirators, according to advices received by Colonel Price, was to have all this native population who were able to bear such arms as they might procure fall upon and kill all Americans and other foreigners in the Territory at a preconcerted moment. The two leading spirits in this movement, learning that the authorities in control had been informed of their movements, fled from the country, and it was for a time believed that the threatened rebellion would not materialize.
But other leaders were found soon afterward in the persons of Pablo Montoya and a Taos pueblo Indian called bv the Mexicans El Tomacito. Through talkative Mexicans in Taos, Santa Fe and other points the Ameri- cans learned of the contemplated uprising. Charles Bent, the first civil governor of the Territory under appointment by General Kearny, for several years had been engaged in freighting and trading in partnership with Colonel Ceran St. Vrain, making his business headquarters at Santa Fé, though his family resided at Taos. In conjunction with Colonel Price he took prompt steps to put down the incipient revolution. A number of the revolutionists in Santa Fé were placed under arrest .*
*On January 8, 1847. one week before he started for Taos for the purpose of re- moving his family to the capital, he issued the following pacificatory proclamation : "Carlos Bent, Governor of the Territory of New Mexico, to the Inhabitants thereof :
"Citizens :- A combination of extraordinary ideas rush to my mind to furnish me material wherewith to address you for the first time. I shall not make use of eloquent or sublime language in order to make myself understood; truth is self-con- vincing and needs not the aid of rhetoric to set it forth.
"In the year 1829 I came for the first time to this country. Since I became acquainted with it, your frank and simple character has won my sympathy which, with time, has been so deeply rooted that I can never part from it, and I therefore cast my fortunes with your own. I am a New Mexican by adoption and to this soil are linked all my possessions, and more so to-day that it has heen annexed to my native country, the United States of America, which is the cradle of liberty and of which you are a component part.
"General S. W. Kearny took military possession of this Territory with unbounded pleasure on the 18th day of August of last year, because without using force, and without sorrow and no shedding of tears, you recognized the republican government to which you belong to-day. You are now governed by new statutory laws and you also have the free government which he promised you in his proclamation. Do not abuse the great liberty which is vonchsafed vou by it. so you may gather the abundant fruits which await you in the future. Those who are blindly opposed, as well as those whose vices have made them notorions, and the ambitious nersons who aspire to the best offices, also those persons who dream that mankind should bow to their
Ruins of Church at Taos Pueblo Bombarded by the Americans in February, 1847
West Pueblo, Taos
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Governor Bent was one of the least alarmed men in the country. The native inhabitants, especially those of Santa Fé and Taos counties, had always professed the warmest admiration and friendship for him and his family and friends, and he had treated them all with kindly consideration and generosity. Consequently, upon his arrival at his home in Taos on January 18 he paid little attention to the alarming reports of the state of affairs or to the urgent request of his friends that he remove his family to Santa Fé at once. "Why should they want to kill me or my family?" he asked. "Have I not been their friend? Have I not supplied them with medicines when they were ill, with food when they were hungry, with clothing when they needed it? Have no fears for me. I will depart with my family in good time."
But Governor Bent had misjudged the temper of the people and the influence of the treacherous men who had professed such friendship. Early on the morning of January 19, while the people of Taos were still in their beds asleep, the insurrectionists, many entering town quietly from the surrounding country and there joining forces with those of their fellow- conspirators who resided there, began the attack. Beginning with the destruction of the houses occupied by the hated Americans, they soon worked themselves up to a state of frenzy and demanded the blood of the objects of their attack. The night was extremely cold and the ground was covered with snow, but as soon as the discharge of firearms was heard the sleeping inhabitants started to flee in alarm, clad only in their night
whims, having become satisfied that they cannot find employment in the offices which are usually given to men of probity and honesty, exasperated (Thomas Ortiz and the old revolutionist Diego Archuleta) have come forth as leaders of a revolution against the present government. They held a meeting in this Capital about the middle of last month which was also attended by some foolish and imprudent men who were urged to follow the standard of rebellion. Their treason was discovered in time and smothered at its birth. Now they are wandering ahout and hiding from the people, but their doctrines arc scattered broadcast among the people thereby causing uneasi- ness and they still hold to their ruinous plans.
"The organic law and the statutes are the foundation upon which these anarchists lean. They say that tax on land is the aim of the present government; that it wants to impose the first and to deprive you of the latter. It is an infamous lie.
"Examine the laws from beginning to end and you will not find a single page to prove such falsehood. It is true that the laws impose taxes, but only on commerce and distilleries where liquor is distilled from corn and wheat, but not upon the people. An office also has been created for the purpose of recording the titles to the lands but this is in order to further protect your titles to your property, and not for the purpose of depriving you of the same as it has been falsely asserted by evil minded persons. There is still another pretext with which they want to alarm you, and that is the falsehood that troops are coming from the interior in order to re- conquer this county. What help could the department of Chihuahua, which is torn by factions and reduced to insignificance afford you? Certainly none.
"Colonel Doniphan, who is now advancing on the town of El Paso, with his regiment, was attacked by a superior force at Bracito, but he dispersed the enemy in a few moments with the loss of thirty men. Listen, my friends, with what flimsy pretexts the turbulent elements wants to deceive you. I urge you to turn a deaf ear to such false doctrines and to remain quict, attending to your domestic affairs, so that you may enjoy under the law, all the blessings of peace, and by rallying around the government call attention to the improvements which you deem material to the advancement of the country and that by so doing you may enjoy all the prosperity which your best friend wishes you.
"CARLOS BENT.
"Santa Fé, January 8, 1847."
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clothes. The stampede soon ended, however, and preparations for some show of defense were begun.
The valiant Montoya kept in the background, leaving the first attack to the Indians, under Tomacito. Reaching the home of Governor Bent, as the Indians pounded on the door leading into the main room of the house, the governor, standing behind the locked door, inquired what was wanted.
"We want your head," replied one of the Indians, who is believed to have been Tomacito.
"If you want money, or anything else I can give you, you may have it," replied the governor.
"No, we want your head," was the answer.
Alfred, the ten-year-old son of the governor, entering another room at this moment returned with a toy gun, and standing beside his father, bravely said :
"Papa, let us fight like men."
Hardly had the words escaped the child's lips when a gun was dis- charged through the door. The first shots struck Governor Bent in the chin and in the stomach. The door was then broken in and the Indians filled the body of the fallen man with arrows, three of which he pulled from his head and face as he lay prostrate. As the Indians were slashing his wrists and hands with their knives and axes, a Mexican named Buena- ventura Lobato entered the room, and seeing what they were doing cried:
"I did not tell you to kill him, but only to take him prisoner !"
Lobato, in a public speech, afterward admitted his local leadership in the uprising.
Governor Bent was scalped before he died, amid the fiendish yells of his murderers. His head was afterward hacked from his body.
In the meantime, seeing that resistance was useless, Mrs. Boggs, wife of Thomas Boggs, Mrs. Carson and Mrs. Bent, all members of the gov- ernor's household, began to dig a hole in the adobe wall of the room, using an iron spoon for the purpose, hoping to enable the governor to make his escape. Though too late, they were able to make their own way into the adjoining house. They were pursued, and Mrs. Boggs and Mrs. Carson begged on their bended knees that the assailants spare the lives of Mrs. Bent and her children. For a moment the murderers relented, and the three women and the Bent children escaped and fled to the home of Mrs. Juana Catalina Valdez-Lobato, where they remained until the arrival of the troops from Santa Fé fifteen days later.
Following the killing of Governor Bent, the remaining Americans hid themselves in the most convenient places. Pablo Jaramillo, Mrs. Bent's brother, and Narciso Beaubien, a son of Charles Beaubien and one of the most highly educated and promising young men of New Mexico, buried themselves beneath straw and manure in a stable in the rear of the house, but were discovered and their bodies were pierced through with lances. The house was then destroyed by fire. Among the others who were mas- sacred were Louis Lee, who was acting as sheriff at the time: Cornelio Vigil, prefect and probate judge of Taos county and an uncle of Mrs. Bent, and J. W. Leal, a lawyer.
After concluding their bloody work at Taos, the murderers proceeded to Arroyo Hondo, where the work of assassination and carnage was con- tinued. There they destroyed a distillery and killed Jesse Turley and two
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other Americans. John Albert and Thomas Tobin succeeded in effecting their escape from the latter place, and Tobin is credited by some as having been the man who carried the news of the uprising to Santa Fe. Mrs. Alloys Scheurich, of Taos, a daughter of Governor Bent and an eye- witness to these thrilling scenes, says that Stephen Lee, a brother of Lonis Lee, who was killed, walked all the way to Santa Fe on this mission, after having been shot in the heel.
While these bloody scenes were being enacted at Taos, similar attacks were made upon Americans in other parts of the Territory. Seven Ameri- cans in Mora were killed. These were Santa Fé traders, the most promi- nent of whom was Lawrence L. Waldo, of Westport, Mo., father of Henry L. Waldo, of Santa Fé. Mr. Waldo had been engaged in trade for several vears and had made many trips with caravans over the Santa Fé trail. Like Governor Bent, he was respected and liked by the masses of Mexicans and Indians. He was just entering Mora with his companions in charge of a caravan, ignorant of the fact that an uprising was afloat, when all were shot from ambush and killed. When the news of this affair reached Las Vegas, a detachment of troops was sent to Mora. They returned to Las Vegas with the bodies of the murdered men, who were buried in the latter town.
As soon as Colonel Price received word of the massacre at Taos, he started for the scene, arriving there February 3. At La Cañada, on the road between the two places, he met a small force of insurrectionists, whom he routed. He then sent Captain Burgwin with two companions, accom- panied by Colonel Ceran St. Vrain and sixty volunteers, on an advance toward Taos. Aside from a short skirmish at Embudo, they met with no resistance. Price followed Burgwin with the main command.
When the relief expedition reached Taos, they learned that the Mexi- cans and Indians had gone to the pueblo and there fortified themselves in the old church of La Iglesia de Taos, established there in the early part of the seventeenth century, believing that the Americans would not dare to fire upon that edifice. As soon as Price and the main body of the expedition arrived, they proceeded at once to the pueblo, about three miles north of Fernando de Taos, and after firing three or four shots from a small cannon into the church, they returned to the village and camped for the night. The Indians and Mexicans, believing that their strong position had dis- couraged the attacking force, indulged in great rejoicing that night and the day following, but on the second day the troops returned to renew the attack. They found the insurrectionists occupying the pueblo houses, but soon drove them to refuge in the ancient church again. The assault on the church was made with three small howitzers and a six-pound cannon, but the missiles would not penetrate the thick adobe walls of the structure. Ammunition was running short, and volunteers to effect a breach in the rear walls were called for. Thirty-five men responded, but they found their work difficult on account of the rapid fire maintained from inside the church. Three of the assaulting party were killed before the force had effected a sufficient breach to enable the Americans to shell the interior of the building. Awful carnage resulted from the explosion of the shells. The besieged burst open the doors and fled toward the mountains. James Quinn planted the American flag on the walls inclosing the churchyard, but some of the retreating Mexicans shot it down. Much hand-to-hand fighting en-
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sued in the pursuit to the mountains, and little quarter was asked or given. Most of those who were not killed were captured. The federal troops hitched the captives to wagons and compelled them to draw many loads of their booty back to Taos,
The loss to the troops and volunteers was about thirty-five, including Captain Burgwin, who was buried at Taos. The loss to the Mexicans and Indians was about one hundred and fifty. After the battle a detachment of soldiers was left to hunt for the leading conspirators. Montoya and Tomacito were captured and placed in prison to await trial, but a dragoon named Fitzgerald shot Tomacito in head, killing him instantly. Fitz- gerald escaped and was not captured. Montoya and twelve others were tried by a court-martial, found guilty, and hanged from the same pole, all at the same time.
The home of Fr. Martinez was generally regarded as the head- quarters for the insurrectionists prior to the uprising and until after the attack upon Taos. His power over the parishioners was absolute and his hatred of Americans and American institutions was recognized by all. This fact was regarded by such men as Governor Bent. Charles Beaubien, Colonel St. Vrain and Kit Carson as ample proof of his complicity in the affair. His brother, Pascual Martinez, commanded a company of Mexican "rurales" during the days immediately preceding the Mexican war, and persons who are still living are authority for the statement that he actively participated in the uprising of 1847 at the instigation of the priest. After his death large numbers of Penitentes visited his house and scourged them- selves until they dropped from exhaustion. An old Mexican entered their midst and upbraided the mourners for their exhibit of grief, exclaiming: "Why do you do this? Was the father not the cause of all our trouble with the Americans years ago?" This fact is also cited to show the priest's enmity toward all Americans and his probable complicity in the first and last up- rising against American authority in New Mexico. * *
Charles Bent, the chief victim of this savage outbreak, was born in Charlestown, Va., now West Virginia, in 1797. His father, John Bent, was of English ancestry. From his mother he inherited a strain of French blood. In boyhood he was taken by his parents to Kentucky, where his father had a large plantation. He was finely educated and in young man- hood studied medicine. He afterward entered the United States Military Academy at West Point, from which he was graduated. After a short service with the army he went to St. Louis and engaged in general merchan- dising. In 1829 he started over the Santa Fé trail in the determination to engage in trade at some favorable location along the route. For a while he was located on the Arkansas river at a point twelve miles from Las Animas, where his brother William established Bent's Fort in that year. There he maintained a trading post until 1832, when, accompanied by his brothers, William and George, he came to Santa Fé and founded a general merchandising business. A short time afterward another brother, Robert, joined him at that point. In addition to his mercantile establishment the Bent Brothers transported immense quantities of freight across the plains by ox-team. Late in the thirties he formed a partnership with Colonel Ceran St. Vrain, who had been operating independently, and for many years the firm of Bent & St. Vrain transacted the greatest volume of mer-
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