HISTORY OF ARIZONA AND NEW MEXICO, 1680—1888

CHAPTER XXVIII.

CHRONOLOGIC AND OFFICIAL.

1864-1886.

 

 

 

In the history of New Mexico after 1863 chronologic annals have but small part. The government record, Indian affairs, industries and institutions, and local matters will be treated in four successive chapters. All these, and especially the first, will be devoted for the most part, not to a consecutive narration of events, but to classified records and statistical matter showing the territory’s condition and development, a large part of which matter may be presented most profitably in fine-print notes. I begin, however, by appending a chronologic summary of the most important happenings of 1864-86, embracing many topics to be noted more fully in the following pages and chapters. And the completeness and utility of this summary are increased by extending it backward, so far as leading events are concerned, to the American occupation in 1846; and even farther, in the briefest of outlines, to the beginning of New Mexican annals.

The territory was ruled from 1864 by a succession of eight governors: Henry Connelly from 1864, Robert B. Mitchell from 1866, William A. Pile in 1869-71, Marsh Giddings in 1871-5, Samuel B. Axtell in 1875-8, Lewis Wallace in 1878-81, Lionel A. Sheldon in 1881-4, and Edmund G. Roes from 1885. Most of the rulers managed New Mexican affairs with commendable tact and honesty, taking some pains to acquaint themselves with the territory’s needs, so far as can be determined from their messages, from the praise of friends and censure of foes, and from the various records of their official acts, though not appointed with any special view to their fitness or the people’s desires, and having but slight opportunity for useful service. Connelly, as we have seen, was a weak man, of good intentions, who, notwithstanding his loyal sentiments, made no very brilliant record as a ‘war’ governor. He died in office, and was succeeded temporarily by W. F. M. Amy, the secretary, a man prominent in Indian affairs and other public matters, involved in many controversies, but of good repute. Governor Mitchell incurred the enmity of the legislature to such an extent as to call out from that body a resolution for his removal. He was accused of having absented himself during the session, removing on his return the officials appointed by Secretary Heath, and refusing to sanction a memorial passed in his absence. He even had the audacity to appoint a delegate to congress to fill a vacancy! It was resolved to send laws not approved by him to congress for confirmation, at the same time asking for an abrogation of the governor’s absolute veto power, which was granted by an amendment of the organic act in 1868. There was a controversy between the governor and secretary, the latter being denounced in public meetings at the capital but sustained by two resolutions of the assembly. Of Governor Pile, but little appears beyond the stupid blunder by which half the old Spanish archives were lost, as noticed elsewhere. He was later United States minister in Venezuela. Governor Giddings died in office in 1875, and was succeeded temporarily by Secretary Ritch, a man who as secretary, acting governor, president of the Immigration Society, author, and citizen has been since 1873 one of the most active and successful workers for the benefit of his territory. Governor Axtell was later chief justice; Governor Wallace, famous as a general and as an author; and Sheldon, a most efficient and popular governor.

It will be noted that the preponderance of Spanish names is even more marked than in the assemblies of earlier years. Indeed, until the last sessions, almost the whole membership was made up of native New Mexicans, all business being transacted in the Spanish language, so that the journals and laws had to be translated into English for publication. A few prominent families in each county still controlled the elections, though perhaps in somewhat less degree than formerly. In politics the legislature was generally and nominally republican, though political considerations were always secondary to those of a local and personal nature. There were a few petty wrangles over organization; notably in 1884, when the councilmen from Bernalillo and Santa Fé were refused their seats on allegations of fraudulent election, and the contestants without certificates were sworn in by the secretary, on a vote of the other members that they were entitled prima facie to the seats. This led to the organization of a rival council under the management of J. F. Chavez, and to much controversy; but I have found no record of the final decision as to the legality of the acts of the legislature thus informally organized.

A résumé of legislative proceedings is given in a note. General remarks in an earlier chapter may be applied to the proceedings during this later period; and now, as before, there is a large mass of legislation, important in a sense, which cannot be satisfactorily summarized in the space at my disposal. It is not, moreover, my purpose to present in any sense a compilation of the laws, but only an outline of the more important acts from session to session. Several topics of interest in this connection will be noticed later in this chapter. Down to 1869-70 the sessions were annual In 1866-7 a bill was passed by the house amending the organic act and providing for biennial sessions; this became a law for all territories in 1869; and from 1871 the assembly met biennially, though in 1873—4 and again in 1876 memorials in favor of yearly sessions were sent to Washington. By act of congress in 1871 the legislature was authorized to meet on the first Monday in December; but in 1876 this date was changed to the first Monday in January, and the assembly met accordingly in 1878-84. The same body again changed the date from the even to the odd years, beginning with 1883, and members were elected accordingly; but for want of an appropriation from congress no change was made. Very nearly the same effect, however, was accomplished by an act of 1884 changing the date from January to December; and the 27th assembly met in December 1886. A memorial of 1866-7 called for increased pay for legislators and other officials; and an act of 1869 added five dollars a day to the pay received from the federal government, which in 1878 was fixed by congress at four dollars, with six dollars for president and speaker. At the same time the number of council-men was limited to twelve and of representatives to 24, though an increase from 13 to 18 and from 26 to 36 had been asked for in 1868-9. In 1880 the sessions were limited to 60 days. Congress passed a special act legalizing the laws of 1866-7 signed by an acting governor; and also legalized the election of November 1882, which had been held with a view to a session in 1883.

Congressional action on New Mexico did not extend far beyond the granting of the annual appropriations for government expenses, which, in years when the legislature met, were from $33,000 to $40,000, and about half as much in other years, besides much larger amounts for Indian affairs and the military department. Bills relating to this distant territory were, as a rule, referred to committees, and never heard of again; but occasionally, acts were passed, chiefly of a routine nature, some of which have been mentioned in connection with legislative proceedings, and others I shall have occasion to notice in treating other topics.

Delegates to congress have been named in the official list. They did, apparently, all that territorial delegates might do for their constituents, which was very little.

The seat of Perea in 1863-4 was unsuccessfully contested by Gallegos. For the congress of 1867-8 there was no election in New Mexico at the proper time, and Governor Mitchell took the liberty of appointing John S. Watts as delegate ad interim, but he was not admitted, all agreeing that the governor had no such power. At the September election C. P. Clever had a majority of 97 votes, his election being certified by the governor, and pro forma by the secretary, and the delegate taking his seat. But Secretary Heath sent a separate certificate, to the effect that the election was fraudulent, which was supported by a resolution of the legislature; and after a long discussion Chavez, the contestant, was seated in February 1869, so that Clever was virtually the delegate in the fortieth congress. Again, in 1883, though Luna received the certificate of election, Manzanares, the contestant, was seated by a unanimous vote of the house.

On the public buildings, capitol and penitentiary, no progress was made after 1857, when about $100,000 had been expended on the foundations, though there were frequent appeals to congress for appropriations to complete the structures. Meanwhile, the old adobe ‘palace’ was used for all public purposes. On this building repairs to the extent of $5,000 were made in 1866-7; but nothing more was done; the roof was leaky, the exterior was unplastered, and the rooms were small and inconvenient. “It is safe to say no other legislative body in the United States, outside of New Mexico, ever met inside of such disgraceful surroundings,” wrote Secretary Hitch in 1875. In 1877-8, however, $2,260 was expended, of which $1,680 was paid by the national government, and the balance provided for by act of the legislature. In 1880 congress was asked to cede the site and foundations of the new structures to the territory, and the legislature of 1884 appropriated $200,000 in 20-year seven-per-cent bonds for their completion.

Meanwhile, despite an appropriation of $40 in 1866-7 for shelves, the territorial library and the archives were in a fearful condition of neglect. Many books were scattered, lost, or stolen; and the rest were left in disorder and dirt. The sale of the old Spanish archives for wrapping paper in the time of Governor Pile, 1869-71, has been elsewhere noted. Governor Giddings boxed up about five cords of such remnants as could be rescued, to protect them from the weather and further loss. In 1880 the Historical Society of New Mexico was reorganized, and this society, or rather Ritch, Prince, and a few other individuals acting in its name, has accomplished something toward the preservation of relics and records and awakening interest in historical matters. Since 1882, under the care of Samuel Ellison as librarian, the archives and library have been kept in order, and the former to some extent classified.

The territory was never in very desperate straits financially. In 1864 there was reported in the treasury a surplus of $5,416, which, however, dwindled to $15 in 1867, becoming a debt of §17,029 the next year, and of $70,000 in 1871. The debt diminished to $15,181 in 1880, was $25,372 in 1883, and was apparently wiped out in 1884. The assessed value of property, which had been $20,000,000 in I860, before he cutting-off of Arizona and Colorado, was about $18,000,000 in 1870, in 1880 apparently several millions less—though there is no agreement between different reports—and in 1884 about $29,000,000. The rate of taxation was never excessively high, the total rate in 1884, according to the governors report, being eleven and one fourth mills on the dollar, of which five were for the territory, three for schools, two and one half for the counties, and the rest for interest, the poll tax of one dollar being for the benefit of schools.

Claims of New Mexican citizens against the United States were of several different classes, including those for losses in the revolt of 1847, for Indian depredations in the later vears, for militia service against the Indians, for similar service against the confederates, and for the destruction of property by the latter. Almost every legislature in memorials, and the governors in their messages, urged the payment of these claims; and the subject came up at nearly every session of congress after as well as before 1864; but I cannot learn that any of the demands were ever paid.

A “Revised Code of New Mexico” had been prepared in 1856, but not published, so far as I know. In 1862 the governor, authorized by an act of 1859, appointed Kirby Benedict, C. P. Clever, and Facundo Pino as commissioners to codify the laws; but their work was delayed by Pino’s death and other causes. In 1864 the legislature authorized the secretary to appoint a commission, and Justice Houghton and four others were appointed; but Governor Connelly vetoed the act, and apparently filled the old board or appointed a new one, since the result was published in 1865. A new revision was urged by governor and legislature in 1871-2 and again in 1875-6, an act of the latter year authorizing the appointment of five commissioners; but nothing was accomplished, apparently. In 1880 a similar act was passed, and a joint resolution rejoiced in the early completion of Judge Prince’s compilation, at the same time asking for funds for its publication; but we hear no more of this work. Finally, under an act of 1884, a new compilation was published in 1885.

From 1861 there were frequent efforts to secure the admission of the territory of New Mexico into the union as a state; and in 1872 a constitution was formed by a convention formed for that purpose. The population was sufficient, much larger than that of some other states at the time of their admission, but the prospective politics of the new state was generally not encouraging to the administration or the dominant party in congress; and moreover, there was a valid objection to the character of the native inhabitants, whose language was foreign, and who had but slight knowledge respecting the principles of American government. The subject was somewhat complicated with Indian affairs and frontier controversies; and it was feared that the admission of such a people might establish a bad precedent for the future if new territory should ever be acquired on the south. Therefore, New Mexico’s legitimate ambition for statehood has not been gratified. But the matter is still agitated, and it is not unlikely that, under new political exigencies and the aims of a democratic administration, the desire of the people may be gratified at no very distant day. For a time it was proposed to call the new state Lincoln.

The geologic and geographic surveys of the western United States territories, executed under the charge of Professor Hayden and Captain Wheeler in 1869-78, included a considerable portion of New Mexico, the reports and maps containing a vast amount of valuable information, which cannot be even summarized here. The southern boundary having been fixed by the national or treaty survey, the northern, eastern, and western lines were successively surveyed under appropriations of congress made in 1867, 1873, and 1875, the work being simply the determination of the different meridians and parallels, but furnishing, naturally, considerable geographical and other information. There were unsuccessful attempts to restore the tract containing Conejos, Costilla, and Culebra from Colorado to New Mexico; to attach the Moreno mining district to Colorado; and to set off Grant county in the south-west as part of Arizona.

In the matter of crime and disorder the territory presents a record that is by no means unfavorable, considering the circumstances of position on the Mexican frontier, constant ravages of Indian foes, defective organization of the courts, lack of suitable jails, the ignorance and primitive character of the people, and the presence of miners, soldiers, and liquor-traders in remote parts of the country. Of course, there were many irregularities and lawless acts, the record of which is very imperfect and cannot be presented in detail here even so far as it exists; but the New Mexicans proved themselves to a much greater extent than has generally been believed abroad a peaceful and law-abiding people. From 1878 to 1882 the state of affairs in most districts, particularly in the south, was much worse than at other periods. The population of New Mexico in 1860, with some imperfectly estimated deductions for the territory detached later, has been given as 80,567, exclusive of Indians. In 1870 the figures had increased to 90,573, and in 1880 to 109,793. Of these numbers, in the two years respectively, 180 and 1,015 were colored; and in 1880 there were also 57 Chinese. The number born in New Mexico was 82,193 and 92,271; born in other parts of the United States 2,760 and 9,471; born in Mexico 3,903 and 5,173; born in other foreign countries 1,717 and 2,878. The governor’s estimate in 1883 was 150,000, and the population may have reached that figure in 1886.

 

SEAL OF NEW MEXICO.

 

CHAPTER XXIX.

INDIAN AND MILITARY AFFAIRS.

1864-1887.