USA > New Mexico > History of New Mexico : its resources and people, Volume I > Part 18
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HISTORY OF NEW MEXICO
Clay Allison, a notorious desperado. From 1884 until 1900 he was engaged in the real estate business in Trinidad. In 1900 he engaged in the same business in El Paso, where he remained until March, 1905, with the excep- tion of two and a half years, which he devoted to mining in old Mexico. In 1903 he was appointed chief of police of El Paso, serving for two years. Since the spring of 1905 he has been a resident of Albuquerque. He is an Odd Fellow, and was made a Mason in Trinidad, having attained the degree of Knight Templar.
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TERRITORIAL ORGANIZATION
HISTORY OF TERRITORIAL ORGANIZATION
The period of quasi-military government in New Mexico did not cease with the end of the war. In fact, the position of New Mexico during the four years following the American occupation was so anomalous that while its citizens suffered comparatively little inconvenience by the absence of authoritative government, the solution of the problems raised by its presence in the American republic involved some of the most perplexing questions of the time and caused the name of the Territory to be tossed about with utmost familiarity by the greatest statesmen in the national capital.
The problems were not presented in an acute form until after the fruits of the war had been secured by treaty. The treaty of Guadalupe Hidalgo, by which peaceful relations were restored between Mexico and the United States, was dated at Guadalupe Hidalgo, February 2, 1848, was ratified by the president of the United States March 16, 1848, was exchanged at the city of Queretaro May 30, and proclaimed by the president on July 4.
Only a few of the treaty clauses bear importantly on the history of New Mexico. With respect to boundary, the line between Mexico and this country, after following the Rio Grande "to the point where it strikes the southern boundary of New Mexico," should continue "thence west- wardly along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination ; thence northward along the line of New Mexico until it intersects the first branch of the
River Gila. ** The southern and western limits of New Mexico mentioned in this article are those laid down in the map entitled 'Map of the United Mexican States, as organized and defined by various acts of the Congress of said Republic. *
* * Published at New York, 1847, by J. Disturnell.'" To designate the boundary "the two governments shall each appoint a commissioner and a surveyor," who were to begin their work with- in a year from the exchange of ratifications.
With regard to the status of the Mexican population of the ceded territory, the treaty provided that Mexicans "shall be free to continue where they now reside or to remove at any time to the Mexican republic. * *
* Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens or acquire those of citizens of the United States. But they shall be under the obligation to make their elec- tion within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the ex- piration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citi- zens of the United States." Also a guarantee of the inviolability of property belonging to Mexican citizens and a promise of all the rights under the constitutions to those electing American citizenship.
"In consideration of the extension acquired by the boundaries of the United States," our government paid the Mexican republic fifteen million
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HISTORY OF NEW MEXICO
dollars, and furthermore engaged to assume and pay all the individual claims against the Mexican republic, which, it will be remembered, was a cause alleged in support of the war with Mexico. The fact that only a small per cent of these claims was adjudged worthy by the United States courts would indicate that they found a very flimsy basis for action in the first place.
The southern boundary of New Mexico was not definitely fixed for several years, and involved a great deal of controversy. The map men- tioned in the treaty, and which was the basis for settlement, indicated a line extended westward from above El Paso to a distance of about one hun- dred and eighty miles, thence northward. The matter would have presented no difficulties had the point of beginning been properly marked; but the map showed El Paso some thirty minutes too far north and the river some two and a half degrees too far west. Each side yielded a point, the Ameri- can commissioner consenting to placing the initial monument in latitude 32° 22' on the river, and the Mexican commissioner allowing the line to be ex- tended one hundred and eighty miles west of the river.
It was two years after the signing of the treaty of Guadalupe Hidalgo before a stable government was provided for New Mexico and it became fornially a territory of the Union. The military commanders of the de- partment were the actual heads of the government. After the departure of General Price, the successors in the office were Colonel E. W. B. Newby in 1847 and Major B. L. Beall in 1848. Major John M. Washington took command in September, 1848, and in October, 1849, Colonel John Monroe assumed control.
When the treaty of peace was signed the military government ceased to exist, according to the view of one considerable party. But the authori- ties at Washington argued that the temporary government established dur- ing the war remained as a de facto government and should continue until Congress could provide a territorial organization. Congress was very slow to undertake the necessary measures, because the disposition of the ceded territory had at once become a matter of controversy between the northern and southern representatives in Congress. In the meantime the military régime continued to preserve law and order and afford protection to the Territory, while the politically active, eager to assume their part as a territory or state of the Union, made a number of fruitless attempts to form a civil government and secure its recognition in Washington.
Had not the politicians of the Territory fomented a discontent with the existing government and stirred up the people to what seems undue haste in the matter, there would be very little to record during this interregnum, while Congress was thrashing out the gravest problems of the nation in endeavoring to determine the proper status of the new acquisitions in the southwest. It is probable that the military régime was not unsatisfactory to the New Mexican people at large-that is, the Mexican and mixed classes-but to the restless Americans who had settled in the country un- der the protection of the new flag the idea of government under military auspices seemed intolerable, and political autonomy seemed the first and all- important thing to be striven for.
Senator Benton, who was one of the most ardent supporters in Con- gress of the civil government as opposed to the military régime, whose acts he declared null and void, counseled the New Mexicans "to meet in
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convention, provide cheap and simple government, and take care of your- selves until Congress can provide for you." William Z. Angney, a lawyer, was a leader among the people in the advocacy of the measures proposed by Benton, and the agitation went on under direction from him and other politicians so strongly that the military commander, Major Washington, felt obliged to forbid the people from "participating in or being movers of seditious meetings."
In the fall of 1848 the movement passed its first phase in the call of a convention by Civil Governor Donaciano Vigil. The convention met on October roth and organized by the election of Antonio Jose Martinez of Taos county as president and J. M. Giddings as clerk. The principal thing accomplished by this convention, was the drawing up and forwarding to Senators Benton and Clayton of a memorial praying for territorial organiza- tion. This petition throws considerable light on subsequent movements of the period and is worth quoting for that reason. It follows :
"Petition to Congress of the people of New Mexico by representatives in con- vention assembled :
"We, the people of New Mexico, respectfully petition Congress for the speedy organization of a territorial civil government.
"We respectfully petition Congress to establish a government purely civil in its character.
"We respectfully represent that the organic and statute law promulgated under military orders of September 22, 1846, with some alterations, would be acceptable.
"We desire that the following offices be filled by appointment of the President, by and with the advice and consent of the Senate: The Governor, Secretary of State, Judges, United States Attorney and United States Marshal.
"We desire to have all the usual rights of appeal from the courts of the Ter- ritory to the Supreme Court of the United States.
"We respectfully but firmly protest against the dismemberment of our territory in favor of Texas or from any cause.
"We do not desire to have domestic slavery within our borders: and until the time shall arrive for admission into the union of states we desire to be protected by Congress against the introduction of slaves into the territory.
"We desire a local legislature, such as is prescribed by the laws of New Mexico, Sept. 22, 1846, subject to the usual veto of Congress.
"We desire that our interests be represented by a delegate admitted to a seat in Congress.
"Considering that New Mexico has a population of from 75,000 to 100,000, we believe our request to be reasonable, and we confidently rely upon Congress to pro- vide New Mexico with laws as liberal as those enjoyed by any of the territories.
(Signed)
"Antonio J. Martinez,
"Elias P. West, "Juan Perea. "Antonio Sais, "Santiago Archuleta, "James Quinn.
Donaciano Vigil,
Francisco Sarracino,
Gregorio Vigil,
Ramon Luna,
Charles Beaubien,
Jose Pley.
"Manuel A. Otero, "Santa Fé, October 14, :848."
This memorial accomplished nothing at Washington, except to add to the almost endless discussion over the status of the southwest territory. One difficulty in the way of the New Mexicans obtaining their just dues before Congress was the fact that they must rely on the favor of such ad- vocates as they might find in Congress. The lack of territorial organiza- tion deprived them of a delegate representative, and those directing the political affairs of the Territory felt that the election of such a dele-
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HISTORY OF NEW MEXICO
gate was the most important step toward obtaining the object of their desires.
Accordingly, in obedience to the wishes of the people, Colonel Beall, acting governor during Major Washington's absence, issued a proclama- tion for the assembling of another convention, which met at Santa Fé in September, 1849. Besides adopting a plan of territorial government and urging its adoption by Congress, as had been done by the memorial of the previous year, this convention elected Hugh N. Smith as delegate to Con- gress, whose office was to press the needs and wishes of New Mexico upon Congress until some relief was found. The petition of this year, quite strangely, makes no protests against slavery or the claims of Texas. Dele- gate Smith set off for Washington, but in July, 1850, the house, by a vote of 92 to 86, refused him admission.
The continued delay of Congress gave time for the political ferment of New Mexico to find another vent. W. W. H. Davis, who in his de- scription of this period was writing of almost contemporary events, says : "About this time two opposite parties sprang up, one in favor of a state and the other of a territorial government, which engendered a deal of excitement and ill feeling. Several large public meetings were held by the respective parties at Santa Fe. * *
* The agitation of a question of state government originated with the national administration. * * *
In the spring of 1849 James S. Calhoun went to New Mexico as Indian agent, but upon his arrival he declared that he had secret instructions from the government at Washington to induce the people to form a state gov- ernment. For a time the plan received little support, but in the course of the summer and fall an excitement was raised, and both parties, state and territorial, published addresses to the people, the former being headed by Calhoun, Alvarez and Pillans, and the latter by St. Vrain, Houghton, Beau- bien and others. The matter continued to be discussed without much effect in favor of the state until the spring of 1850, when Colonel George A. McCall arrived from the States upon a like mission as Calhoun. He in- formed the people that no territorial government would be granted by Congress and that President Taylor was determined that New Mexico should be erected into a state government, in order to settle the question of slavery and also that of the boundary with Texas. The delegate in Congress, Mr. Smith, wrote home to the same effect."
Doubtless the case was not so broad and simple as Colonel McCall stated it and desired to have the people believe. Certainly there was a con- siderable number of congressmen who desired that the southwest coun- try should be erected into states at the earliest possible moment, since one of the reasons for the acquisition of this territory had been the extension of slavery limits, so that the balance between north and south might be maintained. Perhaps the administration, too, favored the speedy organiza- tion of New Mexico as a state, but the opposition in Congress and among the people was as yet too strong for this statehood movement to have anything like a general support. McCall's assertions and actions in this matter were probably based on the instructions given him on starting for New Mexico, and it will be instructive to quote some passages from Secretary of War Crawford's communication with him.
"Since their annexation," states the secretary, "these territories, in re- spect to their civil government, have in great measure depended on the
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officers of the army there in command. *
* This condition has arisen from the omission of Congress to provide suitable governments, and in regard to the future there is reason to believe that the difficulties of the past are still to be encountered. * * * It is not doubted that the peo- ple of New Mexico desire and want a government organized. * *
The question readily recurs, how can that government be supplied ?
I
have already adverted to past and still existing difficulties that have re- tarded and may continue to retard the action of the United States in respect to this necessary and first want. To remove it may, in some degree, be the part of the duty of officers of the army, on whom, under the necessi- ties of the case, has been devolved a partial participation in civil affairs. It is, therefore, deemed proper that I should say that it is not believed that the people of New Mexico are required to await the movements of the federal government in relation to a plan of government for the regulation of their own internal concerns. The constitution of the United States and the late treaty with Mexico guarantee their admission into the union of states, subject only to the judgment of Congress. Should the people of New Mexico wish to take any steps toward this object, * * * it will be your duty, and the duty of others with whom you are associated, not to thwart but to advance their wishes. It is their right to appear before Con- gress and ask for admission into the Union."
The two parties, those favoring territorial and those favoring a state government, were now brought together in the advocacy of the state gov- ernment. Resolutions to that effect having been adopted at a meeting in Santa Fé, April 20, 1850, Colonel Monroe, military governor, issued a proc- lamation calling for election of delegates who were to meet in conven- tion May 15th. At this convention, whose president was James H. Quinn, a constitution for the state of New Mexico was framed. Three days after adjournment Colonel Monroe issued a proclamation calling for a popular election on the adoption of this constitution, and also to choose state and national officers, whose official authority should be valid as soon as the state government was recognized by Congress.
The election was held on June 20th. Henry Connelly and Manuel Alvarez were elected governor and lieutenant governor over Vaca and St. Vrain, and William S. Messervy was chosen representative in Con- gress. The vote on the constitution was overwhelmingly in favor of its adoption, as will be seen from the following tabulation of the vote:
For
Against
Taos County
1,339
35
Rio Arriba County
0
O
San Miguel County
203
O
Santa Ana County
1,146
0
Bernalillo County
1,504
I
Valencia County
2,008
I
Santa Fé County
571
2
6,771
39
Between the holding of the convention of May 15-25, 1850, for fram- ing a constitution for the proposed state of New Mexico and the passage by Congress of the organic act for the government of the Territory of New Mexico on September 9, 1850, the de facto government, headed by the commander of the military, and the civil government, represented by Vol. I. 8
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HISTORY OF NEW MEXICO
Lieutenant Governor Manuel Alvarez, were thoroughly at variance in view of their respective prerogatives and powers. The fact that no serious com- plications or actual hostilities arose from this contention doubtless proves that its mainspring was not in the people themselves, but was largely a fac- tional rivalry among politicians seeking control. Each side was firmly con- vinced in its stand and equally opposed to the other side obtaining con- trol. Colonel John Monroe, commanding the ninth military department, and really acting governor, stated in a letter to his superior officer, after reciting the serious state of political affairs, owing to the eagerness of the newly elected official of the state government to obtain possession of the civil offices before the sanction of Congress, that in his judgment the peo- ple as a whole have evinced little desire and taken little part in the move- ment ; that "opinions have been prepared for them (the people) by those having no ties binding them to the Territory, except the possession and ex- pectation of office. * * Those persons well understand the unstable elements of the Mexican character, the general ignorance of the people, their manifest dislike (although latent) to Americans, and the strong sym- pathies a large number entertain for Mexican institutions and its govern- ment as opposed to that of the United States ; yet, with this knowledge, they have preserved a course, understandingly, from which, sooner or later, dis- agreeable consequences will undoubtedly arise."
The overwhelming majority of votes cast in favor of the state con- stitution, however, fails to verify Monroe's judgment that the movement was superficial.
Colonel Monroe, in his proclamation directing that a vote be taken on the state constitution and for election of state officers and representatives in Congress, had stated, as "provided and understood that all action of the governor, lieutenant governor and of the legislature shall remain in- operative until New Mexico be admitted as a state under said constitution, * * (and) the present government shall remain in full force until, by action of Congress, another shall be substituted."
. In this position, disregarding all acts of the state government until confirmation of its existence should be given by Congress, Colonel Monroe persisted, and held himself justified in assuming all the duties and re- sponsibilities of "civil and military governor, Territory of New Mexico," and in enforcing his authority "with all the means at my disposal."
Governor Alvarez, on the other hand, strenuously asserted the legality of the constitutional convention and election of officers, and argued the question on broad grounds. He held "that it has never been pretended, even by the president of the United States, that he had any authority to make a government for us or to insist that we should observe the one left to us on the termination of the war," then, quoting President Polk's message of December 5, 1848, with reference to New Mexico and Cali- fornia :
"Since that time (13th of May) the limited power possessed by the executive has been exercised to preserve and protect them from the in- evitable consequences of a state of anarchy. The only government which remains was that established by the military authority during the war. Re- garding this to be a de facto government, and that by the presumed consent of the inhabitants it might be continued temporarily, they were advised to
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conform and submit to it for a short intervening period before Congress would again assemble and legislate on the subject."
From other presidential messages he quotes to prove that the mili- tary regulations established during the war were superseded on the re- turn of peace. "That the commanding officer of the ninth military de- partment has exercised the functions of a civil governor has arisen solely from the consent of the people. That consent is now withdrawn. The people have amicably proceeded to the full organization of a civil polity. Until the national Congress shall undo it, or refuse to sanction it, by the law of nations and the right of states it will remain our only legitimate government."
The state legislature, elected in June, met, according to previous order, in regular session in the following July, the only session of a state legislature yet recorded in the history of New Mexico. In a letter of July 12th to Colonel Monroe, Governor Alvarez states the situation : "We now occupy the position of two governments, each claiming to be the true and legitimate one. While you force the issue on the people and volunteer yourself and your military power in opposition to the will of an admitted majority, the civil power recognized by the people will be respected by them and will proceed peacefully, and with an earnest zeal to promote the common welfare, to perfect and make effective the state organization."
It will be of interest to record the acts passed at the unofficial session of the New Mexico legislature. They were :
I. To procure a state seal.
2. To erect the county of Socorro.
3. To take census in 1852.
4. To regulate elections (of alcaldes, sheriffs, etc.).
5. To regulate election of United States senators.
6. Memorial to Congress.
7. Joint resolutions in regard to Governor Monroe's letter to Lieutenant Gov- ernor Alvarez, and recommending that the state government be carried immediately into effect.
Also United States senators were elected, one of whom received his credentials.
The strained relations between the civil and military governments came to an end by the congressional act establishing a territory and organizing its scheme of government. Secretary of War Conrad, in a letter to Colonel Monroe, dated September 10, 1850, says :
"The president has learned with regret that any misunderstanding should exist, * * * and hastens to relieve you from the embarrassment in which this misunderstanding has placed you. I have now the pleasure to inform you that Congress has at length passed a law providing for the establishment of a territorial government in New Mexico. The presi- dent will proceed with the least possible delay to organize the govern- ment, and as soon as it goes into operation all controversy as to what is the proper government of New Mexico must be at an end, and the anomalous state of things which now exists there will be determined."
Of the complication of political principles and expedients involved in fixing the status of the territory acquired from Mexico, whether as slave or free soil, very little need be said. The great national question of the time affected New Mexico during the '40s in the same manner as it af-
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HISTORY OF NEW MEXICO
fected California. The records of Congress during the period are filled with speeches dealing with the status of California and other territory acquired at the same time. But while California came into the Union as a free state, an event that was significant in the political contest then rising to a climax, New Mexico was made a territory and its influence in na- tional affairs made inoperative. In two ways, however, the slavery struggle is reflected in the history of New Mexico.
The first may be briefly stated. It was the persistent controversy and struggle over slavery in the halls of Congress that delayed the determina- tion of New Mexico's anomalous position, partly under civil and partly under military rule. The compromise measures which resulted in the ad- mission of California as a free state, and left the question of slavery to be determined by the territories for themselves, were soon followed by the organic act by which New Mexico passed from military to civil gov- ernment.
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