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BANCROFT

LIBRARY
•»

THE LIBRARY

THE UNIVERSITY
OF CALIFORNIA

THE HISTORY

Military Occupation

OF THE

Territory of New Mexico

FROM 1846 TO 1851

GOVERNMENT OF THE
UNITED STATES

TOGETHER WITH

Biographical Sketches of Men Prominent in

the Conduct of the Government

During that Period

BY
RALPH EMERSON TWITCHELL

Vice-President New Mexico Historical Society

DENVER, COLORADO

THE SMITH-BROOKS COMPANY, PUBLISHERS
1909

General Stephen Watts Kearny.

To the memory of Lawrence L. Waldo, who lost his life
by the assassin's bullet, at Mora, New Mexico, en the first
day of the Mexican uprising, January 19, 1847, this volume
is inscribed.

He was a pioneer upon the old Santa Fe-Chihuahua Trail,
and, in all his business and social relations, was the true
concept of a gentleman.

Although a non-combatant, he was a martyr to the march
of American progress and civilization.

CONTENTS

Page.

CHAPTER 1 17

1. The War with Mexico. 2. Causes and Leading
Events. 3. Position Claimed by Mexico. 4. The United
States and Its Claims. 5. Annexation of Texas No
Just Cause for the War. 6. Mexico Begins Hostilities.
7. Congress Declares Existence of War.

CHAPTER II 38

1. Organization of the Army of the West, Under
General S. W. Kearny. 2. March Across the Plains
and Concentration at Bent's Fort. 3. The Army
Invades New Mexico and Crosses the Raton Mountains.
4. The Army Reaches Las Vegas and General Kearny
Makes Address. 5. The Army Moves on the Capital by
Way of San Miguel and the Apache Pass. 6. General
Manuel Armijo Masses Mexican Forces at Apache Pass.
7. General Kearny Receives Word that Armijo Has
Fled and Army Dispersed. 8. Army Proceeds to Santa
Fe. 9. General Kearny Takes Possession of Capital and
Hoists the American Flag. 10. Proclamation Issued,
Claiming New Mexico for the United States. 11.
Kearny, with a Substantial Force, Marches Down the
Valley of the Rio Grande and Returns to Santa Fe. '
12. Kearny, with Portion of the Army, Leaves for
California, Colonel Doniphan Remaining in Command
at Santa Fe.

CHAPTER III 95

1. The March to Chihuahua. 2. Colonel Doniphan
Ordered Against the Navajo Indians. 3. Treaty with
the Navajo Indians by Doniphan. 4. Colonel Doniphan
Proceeds Down the Valley of the Rio Grande. 5. Battle
of the Brazito. 6. Colonel Doniphan Occupies El Paso.
7. Marches on the City of Chihuahua. 8. The Battle of
Sacramento. 9. Occupation of the City of Chihuahua.

10. Departure of Army for Saltillo and Monterey.

11. Return of the Army to the United States.

Page.

CHAPTER IV 122

1. General Sterling Price in Command at Santa Fe.
2. The Archuleta Conspiracy. 3. The Taos Revolution.
4. The Killing of Governor Charles Bent. 5. The Bat-
tles of La Canada, Embudo, Taos and .Mora. 6. The
Leaders Are Tried by Court Martial and Hanged. 7.
Fight with Indians at Red River Canon. 8. Fight at
Las Vegas and Destruction of the Town. 9. Fight at
Arroyo Hondo. 10. Fr. Antonio Jose Martinez. 11.
Legislative Assembly Under Military Rule. 12. Differ-
ences Between Military and Civil Authorities. 13.
Formation of the Territory of New Mexico.

BIOGRAPHICAL SKETCHES.

1. General Stephen Watts Kearny 203

2. Governor Donaciano Vigil 207

3. Willard P. Hall 230

4. Diego Archuleta 238

5. Thomas H. Benton 250

6. Carlos Beaubien ." 267

7. Christopher (Kit) Carson 271

8. Manuel Antonio Chaves 285

9. Nicolas Pino 310

10. David Waldo , . . . . 323

11. William Gilpin 337

12. John W. Reid 346

13. Francis P. Blair, Jr 368

14. General Sterling Price 358

15. Henry Connelly 365

16. James Magoffin 376

17. Antonio Jose Otero 361

18. Richard Hanson Weightman ...'. 381

ILLUSTRATIONS

Subject. Page.

Portrait of General Stephen Watts Kearny 3

Portrait of General A. W. Doniphan 18

Government Scout — He Led the Way 22

The Army of the West Crossing the Great Plains 25

Old Fort Bent 27

A Valuable Aid to the Commissary Department 30

The Army Crossing the Sapello 34

General Kearny Addressing the People of Las Vegas .... 37

The Army Leaving Las Vegas for Santa Fe 39

Ruins of Pecos Pueblo — Ancient Aztec Kiva 42

Ruins of Old Catholic Church at Pecos Pueblo 44

Alcalde of Pecos Announcing Flight of General Armijo. . 47

The Army at Apache Pass 51

Portrait of General Manuel Armijo 55

Fac-Simile of Proclamation of General Armijo 58-59

liaising American Flag Over Old Palace 66

Old Palace, 1909 68

Proclamation of General Kearny at Santa Fe. . 70-71

Fac-Simile of Oath of Allegiance of Juan Bautista Vigil y

Alarid 76-77

Plan of Santa Fe and Its Environs 81

Portrait of Governor Charles Bent 85

Fac-Simile of Page of Stamped Paper 88

General Kearny and Command on the Gila, En Route

to California 90

Santo Domingo Indians Entertaining Kearny and Staff. . . 92

Fac-Simile of Page of Kearny Code 94

Portrait of General Doniphan at Seventy Years of Age. . . 97

Portrait of General Sterling Price, 1846 99

General Doniphan Concluding Treaty with Navajo Indians 101
General Doniphan's Command Crossing the Jornada del

Muerto 103

Plan of the Battle of Brazito 104

Fac-Simile of Black Flag Carried by Mexicans at Battle

of Brazito 106

The Battle of Brazito.. 108

Subject. Page.

Cannon Captured at Battle of Sacramento 110

-Plan of the Battle of Sacramento 112

Charge of Captain Reid at Sacramento 114

The Missouri Mounted Volunteer 117

Old Church at Taos 126

Battle of Taos — Death of Captain Burgwin 130

Portrait of Fr. Antonio Jose Martinez 135

Battle of Mora 137

Fight at Las Vegas 143

Monument to General Doniphan at Liberty, Missouri 189

Portrait of Gen. S. W. Kearny 202

Portrait of Donaciano Vigil 206

Portrait of Willard P. Hall 229

Portrait 'of Don Diego Archuleta 238

Fac-Simile of Certificate of Decoration of Cross of Honor

to Archuleta by Mexican Government 241

Don Diego Archuleta in Plaza, 1884 245

Fac-Simile of Brigadier General's Commission to Archu-
leta by Governor Connelly 246

Portrait of Thomas H. Benton 249

Portrait of Carlos Beaubien 266

Portrait of Christopher (Kit) Carson 270

West Pueblo at Taos 273

Old Home of Carson at Taos 276

Grave of Carson at Taos 281

Portrait of Manuel Antonio Chaves 284

Portrait of Nicolas Pino 309

Portrait of David Waldo 322

Portrait of William Gilpin 336

Portrait of John W. Reid 345

Portrait of General Sterling Price 357

Portrait of Governor Henry Connelly 364

Portrait of Frank P. Blair 367

Portrait of James Magoffin 375

Portrait of Richard Hanson Weightman 380

INTRODUCTION.

A comprehensive history of New Mexico remains
to be written. Many books and pamphlets, covering
various periods in its history, have been published but
no one of them is entirely free from errors and inac-
curacies.

The general lack of knowledge of the events which
have transpired in this portion of our country, even
during so brief and recent a period of our history as
that covered by this volume, displayed by the average
citizen in casual conversation, has prompted and in-
duced its preparation. While making no special pre-
tense as an historical writer, the author has attempted
to record, with reasonable accuracy, the events of the
American Occupation period. For more than a quarter
of a century a citizen of New Mexico, he has always
been interested in securing all the information possible
relative to its past. No opportunity was lost by way
of inquiry of the old residents of the City of Santa F6
and elsewhere during the first years of his residence
in the Territory. Almost all of the old men, who were
personally cognizant of the affairs of New Mexico
during the war with Mexico, have passed away, but
in many note books has been faithfully recorded every
statement of consequence, bearing upon the history
of New Mexico as communicated by them to the au-
thor. Old documents, pictures and books and letters
have been collected and preserved with scrupulous
care.

While yet very young and living in Jackson
county, Missouri, the author met and was well ac-
quainted with General Doniphan and Colonel John W.

Reid, who had been a captain in Doniphan's regiment.
On many occasions he has listened to a recital of the
events transpiring during the great march from the
Missouri river to Chihuahua. General Doniphan was
always willing to tell of his experiences. Colonel Reid
often told of the battles of Brazito and Sacramento. It
wras he who actually led a charge of cavalry up the hill
at Sacramento, against an enemy entrenched and re-
sisting with heavy artillery the assault of the gallant
Missouri volunteers. From him wras learned the story
of the battle of Brazito, how the black flag waved from
the lance of the Mexican officer who demanded the
surrender of Doniphan, the flight of Ponce de Leon,
the Mexican general, the defeat of the enemy at Sacra-
mento, the occupation of Chihuahua, its evacuation
and the army's march to join General Zachary Taylor.
These stories made great impressions; the pictures
formed of battles, of fights with Indians, the hunting
of buffalo, the treaty with the Navajos and the de-
scriptions of localities and individuals, have never
been eradicated and are as vivid and as realistic as
though of yesterday.

New Mexico, in its more than three centuries of
Spanish, Mexican and American control, has been the
theatre of much historic drama. Here is presented to
the student a wonderful field of historic research. The
American Occupation period has been chosen as the
one most easily described, and, at the same time, one
of the most interesting in the history of the American
people, containing, as it does, the deeds of men who
won the West, men whose courage, devotion to country
and true citizenship enabled them to "accomplish the
greatest ^ military achievement of modern times, a
single regiment of citizen soldiers, marching nearly
six thousand miles through five states of a foreign

nation, living off the resources of the invaded country,
almost annihilating a powerful army, conquering and
treating with powerful Indian tribes, and, returning
home, graced with the trophies of victory, all with the
loss of less than a hundred men."

Such deeds should appeal to every loyal American
and should find portrayal in every school house
throughout the land, thereby inspiring and instilling
the lessons of patriotism, honor, valor and love of
country.

In the preparation of this volume occasion has
been had to consult the following authorities:

Kendall's Santa Fe Expedition.

Gregg's Commerce of the Prairies.

Marcy's Prairie Traveller.

Bartlett's Explorations in New Mexico.

Reports of Operations of the Army of the West-
Emory, Abert, Cooke and Johnston.

Hughes' Doniphan Expedition.

The Doniphan Exposition — Connelley.

Campaigning with Doniphan, Edwards.

Reports of Wheeler and Powell.

Messages of the Presidents, Jackson, Polk and
Taylor.

History of NewT Mexico — Prince.

Letters on The Mexican War — Ex. Document
Number 60.

The Vigil Papers — N. M. Historical Society Li-
brary.

New Mexican Archives at Washington, D. C.

Court Records — Santa Fe and Taos.

New Mexico Historical Society Library.

The portraits and illustrations are copies of old
prints, oil paintings, documents, books and many steel

engravings and wood cuts and lithographs. These
have been faithfully and artistically reproduced. A
number of the illustrations are by K. M. Chapman,
an artist of Las Vegas, N. M., drawn from combina-
tions of old pictures and, with the use of historical
data and present physical conditions, all are authentic
and reliable.

RALPH E. TWITCHELL.
Las Vegas, New Mexico, January 1, 1909.

The Military Occupation

OF THE

Territory of New Mexico

FROM 1846 TO 1851

THE MILITARY OCCUPATION OF NEW MEXICO,
1846-1851.

CHAPTER I.

1. The War with Mexico. 2. Causes and Leading Events.
3. Position Claimed by Mexico-. 4. The United States and
Its Claims. 5. Annexation of Texas No Just Cause.
6. Mexico Begins Hostilities. 7. Congress Declares Exist-
ence of War.

Accuracy of knowledge, intimate acquaintance
with facts, mastery of the sources of evidence and of
statements, are the necessary fundamental factors in
historical writing. Great diligence and patience are
important adjuncts.

In the presentation of many related truths, the
historical writer often finds it most difficult to convey
an impression which is itself a composite truth. In
the review of some period of the military history of our
country a faithful presentation does not necessarily
consist in recording every fact and omitting none.
Modes of presentation oftentimes give impressions-
which are contradictory. Facts, it matters not IIOAV
exhaustively acquired, are merely the stone and mortar
of the writer of history. One does not have to be an
artist that he may properly examine and read archives,
but some thought and study are required for the mak-
ing of truthful comment as to the significance of their
contents.

Proper conclusions demand great research. To
obtain them, the facts demand analytical study. The
leading features must be grasped. Their relations

Reprint of Portrait in Hughes' Doniphan Expedition.

MILITARY OCCUPATION OP NEW MEXICO. 19

must be understood, and, with this material in hand, a
presentation will be logical.

The true historian delights in sharing the emo-
tions of a great general whose place in history has
been fixed by some conspicuous deed of valor.

The writer of history, in his presentation of events
occurring during a given period, may be compared to
the lawyer in the preparation and presentation of a
case. The lawyer first acquaints himself with the facts.
He then applies the law and forms his conclusions.
The writer of history digests all the accounts of any
series of events. From these, varied though they may
be, he draws a conclusion. The lawyer, as he brings
out the facts for the consideration of a jury, is en-
gaged in preparing the mind of the juror for the for-
mation of a conclusion. Later, in his capacity of advo-
cate, he does not recite to the jury what the witnesses
have said verbatim, but, in a logical presentation of
the principal facts, endeavors to assist the juror in the
formation of a conclusion similar to the one he has
himself drawn from a study and investigation of the
weight which should attach to each.

So the historical writer should not be merely a
narrator, a chronicler. He should not be the witness
giving testimony. He should be the lawyer, the advo-
cate, the painter, the artist evolving an historical pic-
ture for the mind and creating impressions which re-
sult in conclusions.

We have all read historical narrative which, by
the superabundance of details and occurrences, even
though one read as carefully and as intelligently as
is possible, produces a generality of impression, which
may be likened to the viewing of a moving picture

20 THE MILITARY OCCUPATION'

film; here and there, as the film unwinds, an incident
catches the attention and probably is retained by mem-
ory, but of the whole we have nothing but a rapidly
moving succession of images to which there is little
but beginning and end.

There have been many accounts of the events oc-
curring during the war with Mexico. The gallant
deeds of Doniphan and his men have been sung in
song and story. There have been criticisms of the
policy of our government for its prosecution of the war.
During and immediately succeeding the war many nar-
ratives and memoirs found way into print. The de-
bates in congress, the reports of commanding officers,
the messages of President Polk, the multitude of letters
and proclamations, all bear witness, when digested
after the lapse of more than half a century, that the
dignity and honor of the American people, as voiced
by the great majority of the congress of the United
States in the Act of May 13, 1846, wherein it was de-
clared that ikby the act of the Republic of Mexico, a
state of war exists between that government and the
United States/' demanded that all differences between
our country and Mexico existing at that time must be
settled by the god of war.

"The world had twice witnessed the extraordinary
spectacle of a government, in violation of its own ex-
press agreement, rejecting a minister of peace from
the United States, clothed with full powers for the
amicable adjustment of existing differences," said Pres-
ident Polk. Modern history presents no case in which,
in time of peace, one nation has refused to even hear
propositions from another for the termination of exist-

OF THE TERRITORY OF NEW MEXICO. 21

ing difficulties between the two. This was the state of
affairs when the Act of May 13, 1846, was passed.

It was manifest destiny that the American Repub-
lic must sooner or later become the possessor of its
present area.

Nine years before the actual commencement of hos-
tilities, President Andrew Jackson was of the opinion
that the treatment of American citizens by our sister
republic had become intolerable and should be no
longer endured. In a message to congress in February,
1837, he said that "the length of time since some of
these injuries have been committed, the repeated and
unavailing applications for redress, the wanton char-
acter of some of the outrages upon the property and
persons of our citizens, upon the officers and flag of
Hie United States, independent of recent insults to
this government and people by the late extraordinary
Mexican minister, would justify, in the eyes of all na-
tions, immediate war.'7 But in a spirit of kindness
and forbearance, in a matter of such national concern,
unlooked for in a man like Andrew Jackson, he further
declared that war should not be used as a remedy "by
just and generous nations, confiding in their strength
for injuries committed, if it can honorably be avoided,"
and added, "it. has occurred to me that, considering the
present embarrassed condition of that country, we
should act with both wisdom and moderation by giv-
ing to Mexico one more opportunity to atone for the
past before we take redress into our own hands, and
to avoid all misconception on the part of Mexico, as
well as to protect our own national character from re-
proach, this opportunity should be given with the
avowed design and full preparation to take immediate

He Led the Way — Government Scout.

MILITARY OCCUPATION OF NEW .MEXICO. .23

satisfaction, if it should not be obtained on a repeti-
tion of the demand for it."

Committees of both houses of congress, to which
this message of President Jackson was referred, fully
sustained his views of the character of the wrongs
which we had suffered from Mexico. In fact, no dif-
ference of opinion upon the subject is believed to have
existed in congress at that time. Both the executive
and the legislative branches of our government con-
curred, and yet, such was the forbearance and desire
to preserve peace, that the wrongs of which our coun-
try complained and which gave rise to these solemn
proceedings in congress, not only remained unredressed
but additional causes of complaint of an aggravated
character were constantly accumulating.

POSITION OF MEXICO.

The government of Mexico claimed that the United
States was overwhelmed with a desire to extend its
territory at the expense of that of Mexico, and that so
far as Texas was concerned, it had been the firm and
certain determination that the Texas Republic should
become a part of the United States. That the Ameri-
can government had connived at it and that this fact
created an imperious necessity that Mexico, for her
own honor, should repel it with proper firmness and
dignity. It was declared by the supreme government
of Mexico that it would look upon the annexation of
Texas as a casus belli; and, as a consequence, negotia-
tion was by its very nature at an end, and war was the
only recourse of the Mexican government.

Mexico declared that agents of the United States
had been active in the Republic of Texas, promoting
the cause of annexation, and, availing themselves of

24 MILITARY OCCUPATION OF NEW MEXICO.

the statu quo of Mexico, had so prepared and directed
affairs that annexation was hastened and effected by
means of violence and fraud.

Her statesmen beheld with amazement, at such an
enlightened and refined epoch, a powerful and well
consolidated state, availing itself of the internal dis-
sensions of a neighboring nation, putting its vigilance
to sleep by protestations of friendship, setting in action
all manner of springs and artifices, alternately plying
intrigue and violence, and seizing a moment to despoil
her of a precious territory, regardless of the incontro-
vertible rights of the most unquestioned ownership
and the most uninterrupted possession.

irriie Mexican Minister of Foreign Relations stated
that "if war should finally become inevitable, and if,
in consequence of this war, the peace of the civilized
world should be disturbed, the responsibility will not
fall upon Mexico. It will all rest upon the United
States ; not upon Mexico, who, with a generosity un-
equalled, admitted the United States citizens who
wished to colonize in Texas, but upon the United
States, who, bent upon possessing themselves, early or
late, of that territory, encouraged emigration thither
with that view, in order that, in due time, its inhabi
tants, converting themselves from colonists into its
masters, should claim the country as their own, for
the purpose of transferring it to the United States.
Not upon Mexico, who, having in due season protested
against so enormous a transgression, wished to remove
all cause for controversy and hostilities, but upon the
United States, who, to the scandal of the world, and
in manifest violation of treaties, gave protection and

'Correspondence between Don J. M. de Castillo y Lanza*
and John Slidell, March 12, 1846.

26 MILITARY OCCUPATION OF NEW MEXICO.

aid to those guilty of a rebellion so iniquitous. Finally,
not upon Mexico, who, putting out of view her own
dearest interests, through her deference for peace, has
entertained as long as was wished, the propositions
which, with this view, might be made to her, but upon
the United States, who, by frivolous pretexts, evade
the conclusions of such an arrangement, proposing
peace at the very moment when they are causing their
squadrons and their troops to advance upon the ports
and frontiers of Mexico, exacting a humiliation impos-
sible to be submitted to, in order to find a pretext, if
no reason can be found, which may occasion the break-
ing out of hostilities."

POSITION TAKEN BY THE UNITED STATES.

In response to the declarations made by the Mex-
ican Minister on Foreign Relations, Honorable John
Slidell, Special Envoy of the United States, declared
that, in the face of incontrovertible evidence, Mexico
had abandoned all intention or even hope of ever re-
establishing her authority over any portion of Texas,
and that the statement that "Texas had been an in-
tegral part of Mexico, not only during the long period
of Spanish dominion, but since its emancipation, with-
out any interruption whatever during so long a
period/' came as a great surprise to him, and to learn
that "the United States had despoiled Mexico of a val-
uable portion of her territory, regardless of the incon-
trovertible rights of the most unquestionable property
and of the most constant possession," was not sus-
tained, and that from the time of the battle of San
Jacinto, in April, 1836, to the moment of writing,
Texas had sustained and exhibited the same external
signs of national independence as Mexico herself, and

Old Fort Bent.
Reprint from Hughes' Doniphan Expedition.

28 THE MILITARY OCCUPATION

with quite as much stability of government; and, quot-
ing from Mr. Daniel Webster, Secretary of State,
"practically free and independent; acknowledged as a
political sovereignty by the principal powers of the
world; no hostile foot finding rest within her terri-
tory for six or seven years, and Mexico herself refrain
ing for all that period from any further attempt to re-
establish her own authority over the territory." "How
weak," said Mr. Slidell, "must be the cause which can
only be sustained by assertions so inconsistent with
facts that are notorious to all the world; and how un
founded are all these vehement declarations against
the usurpations and thirst for territorial aggrandize-
ment of the United States! The independence of
Texas, then, being a fact conceded by Mexico herself,
she has no rigjit to prescribe restrictions as to the form
of government Texas might choose to assume, nor can
she justly complain that Texas, with a wise apprecia-
tion of her true interests, has thought proper to merge
her sovereignty in that of the United States."

"The Mexican government can not shift the re-
sponsibility of war upon the United States by assum-
ing that they are the aggressors. With what reason
does Mexico attribute to the United States the desire
of finding a pretext to commence hostilities? The
appearance of a few ships of war on the Mexican
coasts, and the advance of a small military force to
the frontier of Texas are cited as evidence that the
declarations of desire to preserve the peace are in
sincere. Surely it can not be necessary to remind your
excellency that the menaces of war have all proceeded
from Mexico."

"With these avowed intentions on the part of
Mexico, and, so far as words can constitute war, that

OF THE TERRITORY OF NEW MEXICO. 20

state actually existing, with what fairness can she
complain of precautions having been taken by the
United States to guard against the attacks with which
they have been menaced."

On the day following the sending of the letter from
which the foregoing extracts have been taken, the 18th
day of March, at Matainoras, more than twelve hundred
miles from the seat of the Mexican government. General
Francisco Mejia, in command of the Mexican forces in
that department, delivered an address to the inhabi-
tants of his district and to his soldiers, among other
things, declaring:

2"Fellow Countrymen : — With an enemy which re-
spects not its own laws, which shamelessly derides the
very principles invoked by it previously, in order to
excuse its ambitious views, we have no other resource
than arms. We are fortunately always prepared to
take them up with glory in defense of our country ;
little do we regard the blood in our veins, when we
are called upon to shed it in vindication of our honor,
to assure our nationality and independence. If, to the
torrent of devastation which threatens us, it is neces-
sary to oppose a dike of steel, our swords will form
it; and on their sharp points will the enemy receive
the fruits of his anticipated conquest. If the banks of
the Panuco have been immortalized by the defeat of
an enemy, respectable and worthy of the valor of
Mexico, those of the Bravo shall witness the ignominy
of the proud sons of the North, and its deep waters
shall serve as the sepulchre of those who dare to
approach it. The flame of patriotism which burns in
our hearts will receive new fuel from the odious pres-

2Address of General Mejia — Letters on the Mexican War
—Ex. Doc. No. 60, page 128.

MILITARY OCCUPATION OF NEW MEXICO. 31

ence of the conquerors; and the cry of Dolores and
Iguala shall be re-echoed with harmony to our ears
when we take up our march to oppose our naked
breasts to the rifles of the hunters of the Mississippi."

This address was delivered nearly one month prior
to the commencement of hostilities and is abundant
evidence of the preparations then making by Mexico
for a conflict which she evidently courted.

It was also claimed by the American congress and
the President of the United States that Mexico, by
evasion and the interposition of many forms of diffi-
culty and delay, had twice violated the faith of treaties,
by failing and refusing to carry into effect the sixth
article of the Convention of January, 1843. That con
vention declared, upon its face, that the arrangement
between the two countries was entered into for the
accommodation of Mexico. Awards for claims against
Mexico, for losses sustained by American citizens at
the hands of citizens of our sister republic, amount-
ing to several millions of dollars, made by a duly con-
stituted commission appointed by both governments,
Mexico was unable to liquidate.

The United States was asked to postpone the time
of payment and the request of Mexico was promptly
complied with. Again Mexico failed to comply with
the terms of the convention, which provided for an
indemnity to our citizens for acknowledged acts of
outrage and wrong, and refused to make payment.
The policy of our government toward Mexico was one
of kindness, consideration and forbearance. In addi-
tion to her failure to comply with her solemn obliga-
tions, as declared by treaty, she was constantly giving
cause for new complaints and new demands for in-

32 THE MILITARY OCCUPATION

demnity to that extent that, while the citizens of
the United States were conducting a lawful commerce
with Mexico under the guaranty of a treaty of "amity,
commerce and navigation," many suffered all the in-
juries which would have resulted from open war. The
treaties, instead of affording protection to American
citizens, were the means of inviting them into the
ports of Mexico, that they might be plundered of their
property and deprived of their personal liberty, if they
dared insist upon their rights.3

It was believed by the American people and so
declared upon the floors of congress, that, 4"in so long
suffering Mexico to violate her most solemn treaty
obligations, plunder our citizens of their property and
imprison their persons without affording them any
redress, we have failed to perform one of the first and
highest duties which every government owes to its citi-
zens" and that "the proud name of American citizen,
which ought to protect all who bear it from insult
and injury throughout the world, has afforded no such
protection to our citizens in Mexico." In a message
to congress, President Polk declared : "We had ample
cause of war against Mexico long before the breaking
out of hostilities; but even then we forebore to take
redress into our own hands until Mexico herself be-
came the aggressor by invading our soil in hostile
array and shedding the blood of our citizens."

The annexation of Texas to the United States was
no just cause for offense to Mexico. It was pretended
that such was the case, but the contention is wholly
inconsistent with the well-known facts connected with
the revolution by which Texas became independent of

'Debates in Congress— 1846.

'Message of President Polk, December 8. 1846.

OP THE TERRITORY OF NEW MEXICO. 33

Mexico. Texas had declared her independence and
maintained it for more than nine years. She had an
organized government in successful operation during
that period. Her separate existence, as an independent
state, had not only been recognized by the United
States, but by the principal European powers as well.
Treaties of commerce and navigation had been con-
cluded with her by different nations, and it had be-
come manifest that any further attempt on the part
of Mexico to conquer Texas would be vain. Mexico,
herself, had become satisfied of this fact, for, while
the question of annexation to the United States was
pending before the people of Texas, the Mexican gov-
ernment, by formal act, agreed to recognize the inde-
pendence of Texas, provided she would not annex
herself to any other power. This formal agreement,
whether or not the proviso was carried out, was con-
clusive against Mexico.

Meanwhile the President of the United States had
declared that our relations with Mexico were in a very
unsettled condition; that a revolution had occurred
in Mexico by which the government had passed into
the hands of new rulers.5

The minister of the United States had not been
received by the existing authorities. Demonstrations
of a character hostile to the United States continued
to be made in Mexico and nearly two-thirds of the
army of the United States was concentrated on the
southwestern frontier. This action had become neces-
sary to meet a threatened invasion of Texas by the
Mexican forces. This invasion was threatened solely
because Texas had determined, in accordance with a

5Message of President Polk to the Senate of the United
States, March 24, 1846.

MILITARY OCCUPATION OF NEW MEXICO. 35

resolution of our own government, to become a part
of the American Union, and claimed the Bio Bravo
on the south, instead of the Rio Neuces, as its boundary
with Mexico; and, under these circumstances, it was
plainly the duty of the United States to extend Ameri-
can protection over her citizens and soil. The Ameri-
can forces were concentrated at Corpus Christi. The
commanding general was under positive instructions to
abstain from any aggressive act toward Mexico or her
citizens and to regard the relations between that Re-
public and the United States as peaceful, unless she
should declare war or commit acts of hostility indica-
tive of a state of war.

The Mexican forces at Matamoras assumed a bel-
ligerent attitude but no open act of hostility was
committed until April 24, 1846, on which day General
Atrista communicated to General Zachary Taylor that
"he considered hostilities commenced and should pros-
ecute them." 6 On the same day, a party of dragoons
sent out by General Taylor, became engaged with a
superior force of the Mexican army in which some
sixteen Americans were killed and the balance cap-
tured.

MEXICO BEGINS HOSTILITIES.

Thus actually began the war with Mexico. On the
13th day of May following, a proclamation by the
President of the United States, announcing the exist-
ence of war between our country and Mexico, was
promulgated. General Taylor, already authorized by
the President, by way of precaution, accepted regi-
ments of volunteers, not from the state of Texas alone,

"Letter of General Zachary Taylor, April 26, 1846, to the
Adjutant General of the Army, Washington, D. C. — Ex. Doc.
No. 60, page 288.

36 MILITARY OCCUPATION OP NEW MEXICO.

but from the states of Louisiana, Alabama, Mississippi,
Tennessee, Missouri and Kentucky. These volunteers
were called out by the governors of the several states.
President Polk asked congress for authority to call for
troops and for means to carry on the war.7

7Message of President Polk to the Senate of the United
States, May 11, 1846.

CHAPTER II.

1. Organization of the Army of the West, under General S. W.
Kearny. 2. March Across the Plains and Concentrate at
Bent's Fort. 3. The Army Invades New Mexico, Crosses
the Raton Mountains. 4. The Army Reaches Las Vegas
and General Kearny Makes Address. 5. The Army Moves
on the Capital by Way of San Miguel and the Apache Pass.
6. General Armijo Masses Mexican Forces at Pass. 7. Gen-
eral Kearny Receives Word that General Armijo Has Fled
and Army Dispersed. 8. Army Proceeds on Way to Santa
Fe. 9. Kearny Takes Possession of Capital and Hoists
American Flag. 10. Proclamation Issued Claiming New
Mexico for United States. 11. Kearny with Substantial
Force Goes into Valley of the Rio Grande and Returns to
Santa Fe. 12. Kearny with Portion of the Army Leaves
for California, Leaving Colonel Doniphan in Command.

The government of the United States immediately
began the formation of plans for the organization of
an expedition to invade the northern provinces of
Mexico. This expedition was known as the "Army of
the West" and its command was given to Colonel,
afterwards Brigadier General, Stephen W. Kearny. It
was destined, particularly, for the conquest of New
Mexico and California. The command consisted of
two batteries of artillery, under the command of Major
Clark, three squadrons of dragoons, under Major
Sumner, the 1st Regiment of Missouri Cavalry, under
Colonel A. W. Doniphan, and twro companies of in-
fantry under Captain Angney. Colonel Kearny com-
menced his march from Ft. Leavenworth, on the
Missouri River, in the latter part of June, 1846. The
entire command when concentrated upon the Arkansas
River, consisted of 1,558 men and sixteen pieces of
ordnance. The armv was detached in different columns

'"3sL

40 THE MILITARY OCCUPATION

from Ft. Leavenworth and reunited on the Arkansas
River, near Bent's Fort, on the 1st day of August.
1846. The exact point of concentration is not known,
but it is said to have been at a place nearly nine miles
below the fort, about twelve miles northeast of Las
Animas, Colorado.

It was at this point that the expedition was
joined by Frank P Blair, Jr., of Missouri, who w-as a
health-seeker at Bent's Fort at the time.8

Bent's Fort is described as having been a struc-
ture built of adobe bricks. It was 180 feet long and
135 feet wide. The walls were 15 feet in height and
four feet thick and it was the strongest post at that
time west of Ft. Leavenworth.

The construction of this fort was commenced in
1828, the first fort erected by William Bent, at a point
on the Arkansas, somewhere between the present cities
of Pueblo and Canyon City, having been disadvantage-
ously located. Four years were required in which to
complete the structure. On the northwest and south-
east corners were hexagonal bastions, in which were
mounted a number of cannon. The walls of the fort
served as walls of the rooms, all of wThich faced in-
wardly on a court or plaza. The walls were loopholed
for musketry, and the entrance was through large
wooden gates of very heavy timbers. Forty -five years
ago the old walls were standing and the entire struc-
ture was in a fair state of preservation, but to-day not
a vestige remains, except possibly mounds of earth re-
sulting from the disintegrating adobe bricks of which
the walls were built.

8Emory's Notes of a Military Reconnoisance from Ft.
Leavenworth to San Diego — Senate Doc. 30th Cong., 1st Ses-
sion.

OF THE TERRITORY OP NEW MEXICO. 41

It was near this fort that the first irrigating ditch,
constructed by Americans in Colorado, was built. The
lands irrigated were between the fort and the ford of
the river. It was constructed under the supervision
of William Bent.

At this point Kearny despatched Lieutenant De-
Courcey, with twenty men, to the Taos valley, for the
purpose of ascertaining the disposition of the inhabi-
tants in that portion of New Mexico, and to inform
himself as to other matters of importance, germane to
the expedition, and report to the general somewhere
en route. This officer rejoined the column on August
llth, on the Ponil, in what is now Coif ax county, New
Mexico, bringing in a number of Mexican prisoners,
who gave exaggerated reports of the Utes and other
Indians joining the Mexicans for the purpose of op-
posing the advance of the American army, at some
point between Las Vegas and the Capital at Santa F6.

On the 2nd, Captain Cooke was sent in advance,
under a flag of truce, to Santa F£, carrying with him a
proclamation issued by General Kearny on the 31st
day of July. On the 9th day of August, Cooke reached
Las Vegas, where he met the Alcalde, Don Juan de
Dios Maes, and was a recipient of his hospitality. The
Alcalde, however, immediately despatched a swift mes-
senger across the mountains, by a short trail, carrying
a copy of Kearny's proclamation and notifying Gov-
ernor Armijo of Cooke's arrival at Las Vegas. Captain
Cooke, on the following day, proceeded on his journey,
passing through San Miguel, where the inhabitants
turned out en masse to see him, and on the 12th ar-
rived in Santa F6. Here all was excitement. The city
was filled with soldiers and citizens gathered for the

3 -5

o •/.

o ~-

•3 £
O

MILITARY OCCUPATION OF NEW MEXICO. 43

organization of a force to resist the American advance.
Captain Cooke and his party, among whom was James
Magoffin of Chihuahua, proceeded to the Old Palace,
the seat of government, and were met by the Mayor of
the city, Captain Ortiz, who conveyed the news to
Governor Armijo, to whose presence Captain Cooke
was shortly conducted. The governor was informed
by Cooke that he had been sent by General Kearny,
commanding the American army, bearing a letter which
he would present at the pleasure of his Excellency,
and a later hour was set for the official reception of
the communication. In the evening Cooke presented
the letter and afterwards his call was returned by
Governor Armijo, who said he would send a commis-
sioner to meet General Kearny, and declared further
that he, himself, would lead a force of six thousand
men to meet the Army of the West.

A most excellent understanding prevailed at all
times during the progress of this expedition between
the regulars and volunteers. The latter, though but
recently accustomed to the ease and comforts of smiling
home, bore up against fatigue, hunger and the vicissi-
tudes of a long and tedious march through unexplored
regions with a zeal, courage and devotion that would
have graced time-worn veterans and reflected the highest
credit on their conduct as soldiers.

There was a noble emulation in the conduct of
both, which, in no small degree, benefited the service,
at the same time promoting that cordiality of inter-
course which, in after life, both in the civil and the
military, made their meetings most cordial and glad-
some.9

^Report of Gen. S. W. Kearny — Ex. Doc. No. 60.

MILITARY OCCUPATION OP NEW MEXICO. 45

The manner in which the volunteer soldiery of the
United States conducted itself during the war with
Mexico was a great demonstration, at that time, of the
real military strength of the country. Before that war,
European and other foreign powers had but imperfect
ideas of our physical strength and our ability to prose-
cute a war, and particularly one waged beyond the
confines of the United States. The foreign powers saw
that, on a peace footing, we only had 10,000 fighting
men. Themselves accustomed to the maintenance in
times of peace of great standing armies, for the pro-
tection of thrones against their own subjects, as well
as against foreign foes, they could not believe it pos-
sible for a nation without such an army, well disci-
plined and of long service, to wage war successfully.
They held in low repute our militia, and were far from
regarding them as an effective military force. The war
demonstrated that, upon the breaking out of hostilities
not anticipated, a volunteer army of citizen soldiers,
equal to veteran troops, had been brought into the field.

The First Missouri Volunteers, commanded by
Colonel Doniphan, made the march to Santa F^ like
veterans. In the ranks of that regiment were soldiers,
men of birth and position, who afterwards became cele-
brated in many of the walks of civil life. Dozens of
these soldiers who marched to Santa F£ and Chihuahua
could be enumerated — men like Willard P. Hall, after-
wards governor of the state of Missouri; William
Gilpin, afterwards governor of Colorado; Waldo P.
Johnson, Richard Hanson Weightman and John W.
Reid, leading men in the West after the war had closed.

The regiment was composed indiscriminately of
all professions and pursuits — of farmers, lawyers.

46 MILITARY OCCUPATION OF NEW MEXICO.

physicians, merchants, manufacturers, mechanics and
laborers — and this not only among the officers, but the
enlisted men as well. From their youth, the men in
this regiment had been accustomed to the use of fire-
arms, and many of them were expert marksmen. They
were men who had reputations to maintain at home
by their good conduct in the field. They were intelli-
gent, and there was an individuality of character in
the First Missouri Cavalry found in the ranks of few
armies which ever went into battle.

The citizen soldier of our country finds no parallel
anywhere in the world. The civil war demonstrated
this; the war with Spain proved conclusively that with
the growth of the country no change had come over our
citizenship in the way of fighting men, and all because
the American citizen in battle, be he officer or enlisted
man, fights not only for his country, but for glory and
distinction among his fellow citizens when he shall
return to civil life, and, without any reflection upon
many living distinguished Americans, it may be added,
he fights for office as well.

On the 2d day of August, Kearny's column left the
Arkansas, proceeded down the river a short distance,
and, turning to the left, marched to a point on the
Timpas not far from the present station of that name
on the Atchison, Topeka and Santa F£ Railway. Three
days later the army reached the Purgatoire, near the
present city of Trinidad. Within the next four days
the Raton Mountains had been crossed, and, on the
10th, General Kearny arrived at the crossing of the
Cimarron River, and a day later had crossed the Ocate.
At this time quite a number of native citizens were cap-
tured by Kearny's men, and upon their persons was

48 THE MILITARY OCCUPATION

found a proclamation by the prefect of Taos, based
upon one already issued by Governor Armijo, calling
the citizens to arms to repel "the Americans who were
coming to invade their soil and destroy their property
and liberties."

On the 13th the column halted at the Sapello River,
and the general was advised by an American gentleman
named Spry, who had come from Santa F£, that the
Mexican forces were assembling at Apache Canyon,
about fifteen miles from the city of Santa F6; that the
pass was being fortified, and advising Kearny to go
around it.

The following day General Kearny received his
first official message from Governor Armijo, which was
as follows : "You have notified me that you intend to
take possession of the country I govern. The people of
the country have risen en masse in my defense. If you
take the country, it will be because you prove the
strongest in battle. I suggest to you to stop at the
Sapello and I will march to the Vegas. We will meet
and negotiate on the plains between them." 10

This message was delivered by an officer of lancers,
accompanied by a sergeant and two privates. On the
15th the column was joined by Major Swords, Lieu
tenant Gilmer and Captain Weightman, who had come
from Ft. Leavenwrorth, bringing and presenting to
Colonel Kearny a commission as brigadier general in
the army of the United States. These gallant officers
had heard that a battle was to be fought the following
day near Las Yegas and had ridden sixty miles in order
to participate in the engagement.

10Lt. Emory, page 25.

OF THE TERRITORY OF NEW MEXICO. 49

KEARNY ENTERS LAS VEGAS AND DELIVERS PROCLAMATION
TO THE PEOPLE.

On the morning of the 15th, precisely at eighi
o'clock, General Kearny and staff galloped into the
plaza of Las Vegas, where he was met by the alcalde,
Don Juan de Dios Maes, and a large concourse of
people. Pointing to the top of an adobe building, one
story in height, and located on the north side of the
plaza, General Kearny suggested to the alcalde that if
he would go to the top of the building, he and his staff
would follow, and from that point, where all could see
and hear, he would speak to them, which he did, as
follows i11

"Mr Alcalde and people of New Mexico : I have
come amongst you by the orders of my government, to
take possession of your country and extend over it the
laws of the United States. We consider it, and have
done so for some time, a part of the territory of the
United States. We come amongst you as friends, not
as enemies ; as protectors, not as conquerors. We come
among you for your benefit, not for your injury."

"Henceforth I absolve you from all allegiance to
the Mexican government, and from all obedience to
General Armijo. He is no longer your governor (great
sensation in the plaza) ; I am your governor. I shall
not expect you to take up arms and follow me to fight
your own people who may oppose me : but I now tell
you, that those who remain peaceably at home, attend-
ing to their crops, and their herds, shall be protected
by me in their property, their persons and their re-
ligion; and not a pepper, not an onion, shall be dis-
turbed or taken by my troops without pay, or by the

nLt. Emory, page 27.

50 MILITARY OCCUPATION OP NEW MEXICO.

consent of the owner. But listen ! He who promises
to be quiet and is found in arms against me, I will
hang."

"From the Mexican government, you have never
received protection. The Apaches and the Navajos
come down from the mountains and carry off your
sheep, and even your women, whenever they please. My
government will correct all this. It will keep off the
Indians, protect you in your persons and property ; and,
I repeat, will protect you in your religion. I know you
are all great Catholics ; that some of your priests have
told you all sorts of stories; that we would ill-treat
your women and brand them on the cheek, as you do
your mules on the hip. It is all false. My government
respects your religion as much as the Protestant re-
ligion and allows each man to worship his Creator as
his heart tells him is best. Its laws protect the Catholic
as well as the Protestant; the weak as well as the
strong, the poor as well as the rich. I am not a Catholic
myself ; I was not brought up in that faith, but at least
one third of my army are Catholics and I respect a
good Catholic as much as a good Protestant."

"There goes my army; you see but a small portion
of it; there are many more behind; resistance is use
less."

"Mr. Alcalde, and you two captains of militia ! the
laws of my country require that all men who hold
office under it shall take the oath of allegiance. I do
not wish for the present, until affairs become more
settled, to disturb your form of government. If you
are prepared to take oaths of allegiance, I shall con-
tinue you in office and support your authority."

;

52 THE MILITARY OCCUPATION

Beyond all question the alcalde and the two cap-
tains did not fully appreciate the situation in which
they found themselves. The captains did not protest,
but looked with down-cast eyes upon the earthen roof
upon which they wrere standing. Noticing his attitude,
General Kearny said to one of them, in the hearing of
all the people: "Captain, look me in the face, while
you repeat the oath of office!" The oath was admin
istered, and General Kearny, attended by his staff,
descended, mounted and galloped away to the head of
the column. The sun was shining brightly ; for the first
time since leaving the Missouri Kiver, the guidons and
colors of each squadron, battalion and regiment were
unfurled. The trumpeters sounded "to horse" with
spirit and the rocky hills to the west multiplied and
re-echoed the call.

The army moved forward briskly to meet a force
of six hundred Mexicans, which it had been said, was
in waiting at a gorge in the hills about two miles
distant. The gorge was reached and passed, but not
a soul was seen. One by one the guidons were furled.
Onward marched the army to Tecolote, thence to San
Miguel, at both of which places General Kearny re-
enacted the drama which had occurred at Las Vegas.

Reports now reached General Kearny at every step
that the people were rising and that General Armijo
was collecting a formidable force to oppose him at the
Apache Pass, near Canyoncito, about 15 miles from
Santa Fe\ The Army of the West proceeded on its way,
over a portion of the Santa F6 Trail and, on the 17th
of August, captured the son of Damasio Salazar, a
citizen of San Miguel, the individual who had so nearly
accomplished the death of a few members of the Texas

OF THE TERRITORY OP NEW MEXICO. 53

Santa F6 Expedition a few years before, and whose
efforts in that behalf were frustrated through the in-
fluence of Don Gregorio Vigil, a man of prominence in
that community.

THE PUEBLO OF PECOS ; FLIGHT OF GENERAL ARMIJO.

As the command reached the ancient town of
Pecos, about one mile beyond the present station of
Rowe, on the line of the Atchison, Topeka and Santa
F£ Railway, the General was notified, by a Mexican
coming from the direction of Glorieta, that General
Armijo and his force of two thousand men, which had
been assembled at the Apache Pass to oppose the on-
ward march of the American army, had quarreled
among themselves and, that General Armijo, taking
advantage of the dissension, with his artillery and
dragoons, had fled southward.

It was well known that General Armijo was averse
to a conflict, but his life had been threatened by some
of his own people if he refused to fight. He saw, how-
ever, what they failed to realize, the absolute hopeless-
ness of resistance.

The ancient town of Pecos, at which this news
was communicated to General Kearny by the Mexican,
who, it was afterwards learned, was the alcalde of
the district, was once a fortified town. When Fran-
cisco Vasquez de Coronado visited the place, accom-
panied by an army of Spanish soldiers of fortune, in
search of gold and conquest, nearly three hundred
years before, the pueblo was known as Cicuye and was
a place of great strength. It maintained a standing
army, and, within its walls, lived the greatest number

54 MILITARY OCCUPATION OF NEW MEXICO.

of people at that time inhabiting any one locality
within what is now the United States.12

Here, within the estufa of the pueblo, for cen-
turies had burned the eternal fires of Montezuma, and
these had ceased to be kept alive up to a time only
seven years prior to the coming of General Kearny.

The illustrations are taken from drawings made
by the topographical engineer who accompanied the
Army of the West, and show the old pueblo and the
church as they stood in 1846. Today nothing is left
of the pueblo and only a portion of the walls of the
old church is still standing. The church was built
some time in the middle of the 16th century by Fr.
Juan de Padilla, who accompanied the Coronado ex-
pedition, but remained at the pueblo after Coronado
returned to the City of Mexico.

The remains of the architecture, as shown by the
drawings, which are unquestionably authentic, exhibit,
in a most prominent manner, the engrafting of the
Catholic church upon the ancient religion of the coun-
try.

At one end of the small oval hill, upon which
stood the pueblo, were the remains of the estufa of
the Indians, with all its parts distinct; the other, the
ruins of the Catholic church, both showing the marks
and emblems of the two religions. The fires from the
estufa burned and sent their incense through the air
where the fire-worshipping Indian performed his pagan
rites, while only a few yards distant stood the church
from the altars of which he listened to the teachings
of Christ.

12Castaneda's Account of Coronado Expedition — Vol. 14,
Bureau Eth. Reps.

General Manuel Armijo.
From a Picture in the Possession of Don Luis Baca, Socorro, New Mexico.

5H THE MILITARY OCCUPATION

A very short period before the coming of the
American army the tribe became almost extinct and
the few remaining went over the mountains to the
Pueblo of Jemez, where, it is said, a few of their de-
scendants are still living and keep the sacred fires
from the ancient estufa of the pueblo of Cicuye alive
and burning.

Lieutenant Emory, whose assistant, a Mr. Stanly,
made the drawings from which the illustrations are
taken, says: "The architecture of the Indian portion
of the ruins presents peculiarities worthy of notice.
Both are constructed of the same materials ; the walls
of sun-dried bricks, the rafters of well-hewn timber
which never could have been shaped by the miserable
little axes now used by the Mexicans, which resemble,
in shape and size, the wedges used by our farmers for
splitting rails. The cornices and drops of the archi-
trave in the church are elaborately carved with a
knife."18

On the morning of the 18th of August General
Kearny had reached a point 29 miles from Santa Fe\
Not a hostile arrowr or rifle was now between the Army
of the West and the ancient capital of New Mexico.
The general determined to make the march in one day
and raise the American colors over the ancient palace
before sundown. Fifteen miles from Santa F£ the
column reached the point deserted by General Armijo.
It is a gateway, which, in the hands of a competent en-
gineer and one hundred resolute men, would have
proved a second Thermopylae. Had the position been
defended with spirit and ability, General Kearny
would have been compelled to turn it by taking the

"Emory's Account, page 30.

OF THE TERRITORY OF NEW MEXICO. 57

road running to Ojo de Baca (Cow Springs) and
Galisteo.

On the way to Santa F6 General Kearny was met
by the acting secretary, who brought a letter from
Vigil, the lieutenant governor, which informed the gen-
eral officially of the flight of Armijo, and of his readi-
ness to receive him in Santa Fe', with the hospitalities
of the city.

GENERAL MANUEL ARMIJO.

General Armijo was not unlike others of his na-
tion and time. He was not to the purple born and was
of low extraction. He finally managed to obtain a
foothold in the official circles at Santa F£ and was
made collector of customs. Later he became governor,
and again, after the murder of Governor Perez, was
made governor of the state. He was essentially a cruel
man, not only to foreigners, but to his own people.
He undoubtedly entertained the same ideas of the
American occupation and the causes for the war with
Mexico as other state executives and military com-
manders of the Mexican Republic.

At the City of Mexico, and, in all the newspapers
of the Republic, great attempts had been made to ex-
asperate the minds of the people against the Amer-
icans. The war was represented to be one for national
existence, and that it was the wish of the United
States to destroy the Mexican nation. It was declared
to be a war of rapine and plunder, many generals, in
their proclamations to the people and to the soldiery,
declaring that the United States intended to oppress
them, to rob their churches and desecrate their altars.
General Armijo knew the falsity of these accusations
and the injustice and absurdity of such imputations;

Fac-simile of First Page of Proclamation of Governor Armijo, August 8, 1846.

•

Last Page of Proclamation of Governor Armijo, August 8, 1846.

60 THE MILITARY OCCUPATION

nevertheless these statements were systematically
propagated throughout the country and found many
believers in localities where ignorance was great and
the means of truth circulation small.

General Armijo had been most active in his en-
deavors to rouse the people and had made statements
which were very effective in some localities. He was
very much concerned personally, knowing as he did,
the power of the advancing army, and lost no oppor-
tunity to bring to bear every pressure possible in the
raising of a force sufficient to repel the American ad-
vance.

ARMIJO'S PROCLAMATION.

Before General Kearny had entered Mexican ter-
ritory Armijo knew of the coming of the Army of the
West, and Kearny's proclamation, made at Bent's
Fort, had also reached him. Armijo had received from
St. Louis, Mo., a large amount of ammunition and sup-
plies, which had been brought to Santa F6 in a cara-
van from Independence. Armijo issued a proclama-
tion to his people, the exact language of which has
only lately come to light. In this it was proclaimed :14

"The Governor and Commanding General of New
Mexico to its Inhabitants: —

Fellow^ Countrymen : — At last the moment has ar-
rived when our country requires of her children a de-
cision without limit, a sacrifice without reserve, under
circumstances which claim all for our salvation.

Questions with the United States of America
which have been treated with dignity and decorum by
the supreme magistrate of the Republic, remain unde-

14Vigil Papers— New Mexico Historical Society— Santa
Fe, N. M.

OF THE TERRITORY OF NEW MEXICO. 61

termined as claimed as unquestionable rights of Mex-
ico over the usurped Territory of Texas, and on ac-
count of this it has been impossible to assume diplo
matic relations with the government of North Amer-
ica, whose minister extraordinary has not been re-
ceived; but the forces of that government are ad-
vancing in this department ; they have crossed the
northern frontier and at present are near the Colorado
river.

Hear, then, fellow citizens and countrymen, the
signal of alarm which must prepare us for battle!

The eagle that made us equal under our national
standard, making of us one family, calls upon you to-
day, in the name of the supreme government and un-
der the Chief of the Department, to defend the strong-
est and most sacred of all causes. Then you knew
how, by your noble efforts and heroic patriotism, with-
out foreign help, to maintain the independence of our
nation.

Today that sacred independence, the fruit of so
many and costly sacrifices, is threatened, for if we are
not capable of maintaining the integrity of our terri-
tory, it will all soon be the prey of the avarice and
enterprise of our neighbors from the north, and noth-
ing will remain but a sad recollection of our political
existence.

But thanks be to the Almighty, it will not be so!
The Mexicans of today are the same as those of 1810,
who, although divided and without a country, subdued
the powrer and pride of a foreign nation.

With the army and people united in defense of
our threatened independence, our outraged national

62 THE MILITARY OCCUPATION

honor and the rights of our vilified country, they form
an invincible union.

Fellow citizens and countrymen, united with the
regular army, you will strengthen the sentiments of
loyalty among your defenders. Now to the call ! Let
us be comrades in arms and, with honest union, we
shall lead to victory.

Remember that the author and conserver of so-
ciety inscribed in the golden book the following truth
ful words: "A country divided within itself shall be
destroyed." Do not permit these words to escape you ;
do not separate your personal interests from the com-
mon cause, and, with union, resources, public spirit
and true patriotism, I assure you that the Mexican Re-
public will command the respect of its enemies and
will demonstrate to the civilized world that she is en-
titled to be numbered among the free and enlightened
nations of the earth.

We are fortunate to have at the head of our su
preme government an illustrious, honorable and pa-
triotic general, who in the past has sustained with dig-
nity and energy the sacred rights of our country; one
who will lead us to a glorious victory. Let us now be
prepared for the coming conflict which is forced upon
us. Let us not belittle the power of our enemy nor
the size of the obstacles we must surmount.

The God of Armies is also the protector of the jus
tice of nations and, with his powerful help, we will add
another brilliant page to the history of Mexico, and
demonstrate to the world, if possible, for impossibili-
ties are not expected, that our beloved country is en
titled to be known as a free and independent republic.
Relative to the defense of this department on account

OF THE TERRITORY OF NEW MEXICO. 63

of this invasion, your governor depends entirely upon
your own pecuniary resources, your determination,
your convictions, all founded in reason, justice, equity
and public convenience. Kest assured that your gov
era or is willing and ready to sacrifice his life and all
his interests in the defense of his country. This you
will see demonstrated by your chief, fellow-country-
man and friend,

MANUEL ARMIJO (Rubric.)
Santa Fe, Saturday, the 8th day of August, 1846.

The American general, under the instructions from
his government, was charged with the duty of counter-
acting the injurious imputations, and, in the light of
the orders issued by the Secretary of War, Hon. W. L.
Marcy, we clearly see why it was that General Kearny
felt called upon to make the remarks made at Las
Vegas and at other points between that place and th<-
Capital.15 The War Department did not furnish Gen-
eral Kearny with a proclamation, printed in the Span-
ish language, such as was given to General Zachary
Taylor, but a few copies of the one sent to General
Taylor were sent to General Kearny, and he was re
quested not to use them.1(i The Republic of Mexico, at
that time, was in a most deplorable condition in its
administration of civil and military affairs. This cori
dition had existed and continued, more or less, ever
since the defeat of Santa Ana at San Jacinto. In
December, 1845, General Herrera resigned the Presi-
dency and yielded up the government to General Pare-
des without a struggle. Thus a revolution was accom-

15Ex. Doc. No. 60, page 155.

10Ex. Doc. No. 60, W. L. Marcy to Col. S. W. Kearny,
page 168.

64 THE MILITARY OCCUPATION

plished solely by the array commanded by Paredes,
and the supreme power in Mexico passed into the
hands of a military dictator and usurper who wras bit-
terly hostile to the United States.

In the month of August, just at the time when
Kearny arrived in Xew Mexico, the government of
Paredes was overthrown and General Santa Ana, who
had been in Havana since 1844, an exile from his coun-
try, returned. Revolution followed revolution. The
country was divided into races, classes and parties,
and with so many local divisions among departments
and personal divisions among individuals, it is no
wonder that, in many portions of Mexico, the people
were not in harmony with the powers that attempted
to rule the country. The men of Spanish blood monop
olized the wealth and power of the country and the
mixed Indian races bore its burdens.

Some of the military chieftains desired a mon-
archical form of government, notably Paredes, and
desired to place a European prince upon a throne in
Mexico. Naturally there was jealousy and animosity
between them. It was the policy of General Kearny,
and of every other American general commanding an
army in the war with Mexico, to reach the interests,
passions or principles of some one of the parties, there-
by conciliating their good will and securing active co-
operation in bringing about a speedy and honorable
peace. Policy and force were combined and the fruits
of the former were prized as highly as those of the
latter. The inhabitants were encouraged to remain in
their towrns and villages. They w^ere continued in of-
fice. Kind and liberal treatment was accorded them
and they were made to believe that the American army

OF THE TERRITORY OF NEW MEXICO. 65

had come as a deliverer from oppressive dictatorship
of military governors. Rights of person and property
were carefully guarded, respected and sustained, and
the troops were restrained from every act of license
or outrage.

GENERAL KEARNY's FIRST PROCLAMATION.

On the 31st day of July, prior to his departure
from the Arkansas river, General Kearny issued a
proclamation, which soon reached the hands of Gen-
eral Armijo. In this he declared that his entry into
New Mexico with a large military force was for the
purpose of seeking union with and ameliorating the
condition of the inhabitants of New Mexico. That his
coming was by order of the American government and
that he would be amply sustained in his efforts. The
people were enjoined to remain quietly at home in
the pursuit of their peaceful occupations and that in
this they would not be interfered with, but would be
respected and protected in their civil and religious
rights, but admonishing all that those who took up
arms or encouraged resistance against his government
would be regarded as enemies and treated accord-
ingly.17

The fact that during the entire march from the
Arkansas to Las Vegas, not one act of oppression had
been committed by Kearny's command doubtless had
found its way into the hearts of the people who had been
ruled with the sword of tyranny. But General Armijo
is not to be too severely criticised for his official acts.
These speak for themselves. With his personal char-
acter it is unnecessary to deal. His authority came
from the City of Mexico, a capital so remote that presi-

TEx. Doc. No. 60, No. 12, page 168.

MILITARY OCCUPATION OF NEW MEXICO. 67

dent might succeed president, the government itself
might be overturned, and the news not reach Santa Fe*
for several months. He was governor of the province
furthermost north in the Kepublic. In his official
conduct, he probably knew his people better than some
of his critics. His acts as governor and commanding
general were no different than those of other military
chieftains and governors in his nation.

When he assembled his army at the Apache Pass
and the dissensions arose between his officers and men,
no doubt already the diplomatic leaven used by General
Kearny in his several addresses, together with his acts
and deeds of kindness, as well as the well known
strength of the American army, had produced the effect
desired, and Armijo, too well appreciating the final
outcome, used this situation as an excuse and fled
southward, accompanied by a personal body-guard of
one hundred dragoons, not knowing that at the very
moment of his flight, a substantial force under Colonel
Ugarte was on its way up the valley of the Rio Bravo
to assist him in the defense of his country and its
citizens.

GENERAL ARMIJO AND THE TEXAS-SANTA FE EXPEDITION.

In judging General Armijo's policies and official
acts, small attention should be given to the treatment
received by the Texans at his hands at the time of the
Texas-Santa F6 Expedition, which had traveled across
the plains of Texas under the pretense of establishing
commercial relations with New Mexico. Theirs was
something beside a commercial invasion. 18Under the
circumstances, Governor Armijo is not to be severely

18Kendall's Texas-Santa Fe Expedition, Vol. 1, pages
14-15.

MILITARY OCCUPATION OF NEW MEXICO. 69

blamed for his official conduct. When this expedition
was organized it was given out officially, by General
Mirabeau B. Lamar, then president of the Republic of
Texas, that the expedition was commercial in its inten-
tions, the object being to open a direct trade with
Santa Fe' by a route known to be much shorter than the
old Santa F£ Trail from the Missouri Kiver. The di-
version of this trade, at that time very considerable,
was undoubtedly the primary and ostensible object, but
General Lamar's ulterior motive, the bringing of so
much of the province of New Mexico as lies upon the
eastern side of the Rio Grande under the protection of
his government, was not generally known until after
the expedition had left Austin and was far on its way
to Santa Fe\ General Lamar had been led to believe
that nine-tenths of the inhabitants of New Mexico were
discontented under the Mexican yoke and anxious to
come under the protection of the Lone Star Republic.
In fact he had received assurances from Texans. living
in Santa Fe, that such was the popular feeling, and that
the people would hail the coming of the expedition with
joy. Governor Armijo may have been regarded as ex-
tremely cruel toward these invaders, carrying arms into
a country from which only a short time before it had
achieved its independence, but it was but natural that
Armijo should so regard them, particularly when it
was well known that Texas was claiming as its western
boundary, the Rio Grande, a contention which Mexico
was resisting with all its power and diplomacy. A
parallel case in more recent times is that of Dr. Jame-
son and his raiders in South Africa.

Fac-simile of First Page of Proclamation of General Kearny, August 19, 1846.

»~- *-

&***"••«.' x

Last Page of Proclamation of General Kearny, August 19, 1846.

12 THE MILITARY OCCUPATION

IN SIGHT OP SANTA^ PE.

The advance of the American column arrived in
sight of the City of Santa Fe at three o'clock in the
afternoon of the 18th of August, 1846; by six o'clock
the entire army was in the capital. The general and
his staff, and other officers of the army, were received
at the old palace by Lieutenant Governor Vigil, assisted
by about thirty representative citizens of the city.
Refreshments were ordered served by Governor Vigil
and as the sun sank behind the far distant Jemez and
Valles Mountains, painting the clouds which over-
hung the lofty ranges with a glorious combination of
saffron, opal, purple and golden color, the flag of our
country was hoisted over the ancient palace and a
salute of thirteen guns from cannon planted on the
eminence, afterwards known as Ft. Marcy, declared the
conquest of New Mexico complete.

There, in the Old Palace, sat the American general
and his principal officers, the guests, enforced it is true,
but still welcome, of all that was left of the men who
had derived authority from the Mexican Republic ;
seated in a building, which, in historic interest, sur-
passes any other within the confines of the United
States ; built in the first years of the 17th century, and,
down through all the succeeding years, until 1886,
whether the country was under Spanish, Pueblo, Mexi-
can or American control, it remained the seat of
authority; whether the ruler was called viceroy, cap-
tain-general, political chief, department commander or
governor and whether he presided over a kingdom, a
province or a territory, the Old Palace has been his
official residence.19 Thoughts of the most pleasant

19Prince's History of New Mexico.

OF THE TERRITORY OF NEW MEXICO. 73

character filled the minds of both officers and men ; the
former being entertained in various places in the city,
at the houses of the most prominent people, the men
mixing with the populace in the various resorts and
bailies of the city.

On the following morning General Kearny ad-
dressed nearly all of the people of Santa F£, assembled
in the plaza for the purpose of hearing him, saying :

"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
toward 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 shall take nothing from you but what they pay
for. In taking possession of New Mexico, we do not
mean to take away from you your religion. Religion
and government have no connection in our country.
There, all religions are equal ; one has no preference
over the other; the Catholic and the Protestant are
esteemed alike. Every man has a right to serve God
according to his heart. When a man dies he must
render to 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 the laws. Do not resort to violent means to correct
abuses. I do hereby proclaim that, being in possession
of Santa Fe, I am therefore virtually in possession of

74 THE MILITARY OCCUPATION

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 government has
taken place in New Mexico and you no longer owe al-
legiance to the Mexican government. I do hereby
proclaim my intention to establish in this Department
a civil government, on a republican basis, similar to
those of our own states. It is my intention, also, to
continue in office those by whom you have been gov-
erned, 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 — henceforth look to me for
protection."20

Immediately upon the delivery of the proclamation
by General Kearny a response was made by Juan
Bautista Vigil y Alarid, which is fairly expressive of
the opinions entertained by a large number of the rep
resentative and influential citizens of the territory.
Vigil was the official left in charge by Governor Armijo
and his address is given here for the first time :21

"General : — The address which you have just de-
livered, in which you announce that you have taken
possession of this great country in the name of the
United States of America, gives us some idea of the
wonderful future that awaits us. It is not for us to
determine the boundaries of nations. The cabinets of
Mexico and Washington will arrange these differences.
It is for us to obey and respect the established author-
ities, no matter what may be our private opinions.

^Lt. Emory's Account, page 6.

^Vigil Papers, N. M. Historical Society.

OF THE TERRITORY OF NEW MEXICO. 75

The inhabitants of this Department humbly and
honorably present their loyalty and allegiance to the
government of North America. No one in this world
can successfully resist the power of him who is
stronger.

Do not find it strange if there has been no manifes
tation of joy and enthusiasm in seeing this city occu-
pied by your military forces. To us the power of the
Mexican Kepublic is dead. No matter what her con-
dition, she was our mother. What child will not shed
abundant tears at the tomb of his parents? I might
indicate some of the causes for her misfortunes, but
domestic troubles should not be made public. It is
sufficient to say that civil war is the cursed source of
that deadly poison which has spread over one of the
grandest and greatest countries that has ever been
created. To-day we belong to a great and powerful
nation. Tts flag, with its stars and stripes, covers the
horizon of New Mexico, and its brilliant light shall
grow like good seed well cultivated. We are cognizant
of your kindness, of your courtesy and that of your
accommodating officers and of the strict discipline of
your troops; we know that we belong to the Republic
that owes it origin to the immortal Washington, whom
all civilized nations admire and respect. How different
would be our situation had we been invaded by Euro-
pean nations ! We are aware of the unfortunate condi-
tion of the Poles.

In the name, then, of the entire Department, I
swear obedience to the Northern Republic and I tender
my respect to its laws and authority.
JUAN BAUTISTA VIGIL y ALARID (Rubric)

Governor."

Santa F(§, August 19, 1846.

M /"'* "'*.* ""' / '

Fac-simile of Acceptance of Allegiance by Juan Bauptista Vigil y Alarid, Acting
Governor, August 19, 184G.

.<y''-V7 •' '<&»*#< -''r ' ' '

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v /^N

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Last Page of Acceptance of Allegiance of Juan Bauptista Vigil y Alarid, Acting
Governor, August 19, 1846.

78 THE MILITARY OCCUPATION

The following day the principal chiefs of several
tribes of Pueblo Indians presented themselves at the
palace and gave in their submission and expressed
great satisfaction over the arrival of the American
forces. Their interview was long and very interesting
and, as stated by Lieutenant Emory,22 they narrated
what is a tradition with them, that the white man
would come from the far east and release them from
the bonds and shackles which the Spaniards had im-
posed, not in the name of, but in a worse form than
slavery.

The same night a message was received from
General 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. From trust-
worthy accounts, Armijo's force, at the Canyon, was
about four thousand men, tolerably well armed, and six
pieces of artillery. Had he been possessed of the
slightest qualifications as a general, it was possible for
him to have given the American forces a great deal of
trouble. During the week various deputations came to
the capital to see General Kearny, some of them from
Taos, all giving in their allegiance and asking protec-
tion from the Indians.22

KEARNY'S SANTA Flf PROCLAMATION.

On the 22nd day of August, 1846, General Kearny
issued a proclamation which produced a most salu-
tary effect upon the people. In this document he
says :23

"As, by the act of the Republic of Mexico, a state
of war exists between that government and the United

^Lt. Emory's Account, page 6.
MEx. Doc. No. 60, pages 170-171.

OP THE TERRITORY OP NEW MEXICO. 79

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
Nortej as a part of the United States, under the name
of the Territory of New Mexico."

"The undersigned has come to New Mexico with a
strong military force, and an equally strong one is
following him in his rear. He has more troops than is
necessary to put down any opposition that can pos-
sibly be brought against him, and therefore it would
be but folly or madness for any dissatisfied or discon-
tented persons to think of resisting him."

"The undersigned has instructions from his gov-
ernment to respect the religious institutions of New
Mexico, to protect the property of the church, to cause
the worship of those belonging to it to be undisturbed,
and their religious rights in the amplest manner pre-
served to them; also to protect the persons and prop-
erty of all quiet and peaceable inhabitants within its
boundaries against their enemies the Eutaws, the Nav-
ajos and others; and when he assures all that it will
be his pleasure, as well as his duty, to comply with
those instructions, he calls upon them to exert them-
selves in preserving order, in promoting concord, and
in maintaining the authority and efficacy of the laws.
And he requires of those who have left their homes
and taken up arms against the troops of the United
States, to return forthwith to them, or else they will
be considered as enemies and traitors, subjecting their
persons to punishment and their property to seizure
and confiscation for the benefit of the public treasury."

80 MILITARY OCCUPATION OF NEW MEXICO.

"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 force
will be continued until changed or modified by compe-
tent authority; and those persons holding office will
continue in the same for the present, provided they
will consider themselves good citizens and are willing
to take the oath of allegiance to the United States."

"The United States hereby absolves all persons re-
siding within the boundaries of New Mexico from any
further allegiance to the Republic of Mexico, and here-
by claims them as citizens of the United States. Those
who remain quiet and peaceable will be considered
good citizens and receive protection — those who are
found in arms, or instigating others against the United
States, will be considered traitors and treated accord-
ingly."

"Don Manuel Armijo, the late governor of this
department, has fled from it; the undersigned has
taken possession of it without firing a gun. or spilling
a single drop of blood, in which he most truly rejoices,
and for the present will be considered as governor of
the territory."

"Given at Santa F£, the capital of the Territory
of New Mexico, this 22nd day of August, 1846, and in
the 71st year of the independence of the United
States." S. W. KEARNY,

Brigadier General, U. S. Army."
"By the Governor:

Juan Bautista Vigil y Alarid."

TLANOF

AND ITS ENVIRONS

82 THE MILITARY OCCUPATION

On the same day General Kearny wrote to Briga-
dier General Wool, at Chihuahua, Mexico, saying that
"everything is quiet and peaceable. The people now
understand the advantages they are to derive from a
change of government and are much gratified with it."

On the 2nd day of September, General Kearny
and a portion of his command, consisting of a battery
of eight pieces and one hundred artillerymen, a bat-
talion of one hundred dragoons, under Captain Burg-
win, and five hundred mounted volunteers, marched
south to the valley of the Kio Grande, moving by way
of Agua Fria, five miles from Santa F£, thence to the
Galisteo river, and, following this stream to its junc-
tion with the Eio Grande where the Pueblo of Santo
Domingo now stands. His command numbered seven
hundred and twenty-five. The general and his officers
were hospitably entertained by the principales of the
pueblo and were entertained at the residence of the
priest.24 The general was shown into the priest's parlor
which was tapestried with curtains stamped with like-
nesses of all the presidents of the United States up to
the time of President Polk. The cushions were of spot-
less damask and the couch was covered with a white
Navajo blanket worked in richly colored flowers.

The air was redolent with the perfumes of grapes
and melons and every crack of door and window glis-
tening with the bright eyes and arms of the women of
the capilla. The old priest was busily talking in the
corner, and little did he know of the game of sighs and
signs carried on between the young fellows and the
fair inmates of his house. The gayest array of young
men in the command were out and the women seemed

24Lt. Emory's Account, page 7.

OP THE TERRITORY OF NEW MEXICO. 83

to those present to drop their usual subdued look and
timid wave of the eyelash for good hearty twinkles
and signs of unaffected and cordial welcome, signs
supplying the place of conversation, as neither party
could speak the language of the other.26

A fine repast was served by the priest, and after-
wards, standing in front of the portal, General Kearny
delivered a speech to the assembled Indians which was
first interpreted into Spanish and then into Pueblo.
The command then proceeded down the valley, stopping
at the principal Indian villages and Mexican towns and
arriving at Tome', in the county of Valencia, on the 7th
of September, and thereafter returning to Santa F£,
arriving on the eleventh of the month.

General Kearny, having occasion to transfer some
public property into the hands of a public functionary,
took up a bit of blank paper and commenced writing,
when the Alcalde, who happened to be present, re-
marked to the general that an instrument of writing
was not legal, unless it was drawn upon paper stamped
with the government seal or coat-of-arms, for the State
of New Mexico. He then stepped out and brought a few
sheets of the government paper to General Kearny,
politely observing "that the government sold it at only
eight dollars per sheet, a very moderate sum to pay for
having an important document strictly legal." With
out ceremony, General Kearny changed his purpose for
the moment, and wrote, in substance, as follows : "The
use of the 'stamp paper' by the government of New
Mexico, is hereby abolished. Done by the Governor,
S. W. KEAENY, Brig. Gen."

25Lt. Emory's Account, page 7.

84 MILITARY OCCUPATION OF NEW MEXICO.

*'I will now," continued he, "take it at its real value,
just as other paper." The Alcalde was astonished, for
his prospects of further extortion were blasted. The
common people who had been compelled to pay the ex-
orbitant sum of eight dollars for a sheet of paper, when
an instrument of writing was wanted which required
a seal, rejoiced that they were now relieved of so
burdensome a tax.

On the 22d of September, General Kearny, claim-
ing to have authority to do so, made appointments of
territorial officials as follows : Charles Bent, governor ;
Donaciano Vigil, secretary ; Richard Dallam, marshal ;
Francis P. Blair, Jr., United States Attorney ; Charles
Blumner, treasurer; Eugene Leitensdorfer, auditor,
and Joab Houghton, Antonio Jose Otero and Charles
Beaubien, judges of the superior court.26

KEARNY CODE PROMULGATED.

On the same day General Kearny promulgated the
laws which he had prepared for the government of the
territory. In his letter to the Adjutant General of the
Army, transmitting a copy of these laws, General
Kearny says:

"I take great pleasure in stating that I am en-
tirely indebted for these laws to Colonel A. W.
Doniphan, of the 1st Regiment of Missouri Mounted
A7olunteers, 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 constitution made necessary; a part are from the
laws of Missouri Territory; a part from the laws of
Texas and Coahuila, a part from the statutes of

8Ex. Doc. No. 60, page 22, page 176.

Charles Bent, First Governor of New Mexico.

86 THE MILITARY OCCUPATION

Missouri; and the remainder from the Livingston
Code; the organic law is taken from the organic law of
Missouri Territory."

This letter, together with the copy of the laws and
the list of General Kearny's appointees, was received
at Washington, November 23d, following.

GENERAL KEARNY LEAVES FOR CALIFORNIA.

On the 24th of September, 1846, general orders
were issued designating the force to accompany Kearny
on his march to California. It consisted of three
hundred United States 1st Dragoons, under Major
Sumner, who were to be followed by the battalion of
Mormons, five hundred in number, commanded by
Captain Cooke.

Colonel Doniphan's regiment was to remain in New
Mexico until relieved by Colonel Price's regiment,
which was daily expected to reach Santa Fe from the
United States, when the 1st Missouri Mounted Cavalry,
under Doniphan, w^as directed to join General Wool, at
Chihuahua. The two batteries of artillery were di-
vided; one company, Captain Fisher's, to be left in
New Mexico; the other, Captain Weightman's, to
accompany Colonel Doniphan. The battalion of in-
fantry, under Captain Angney, was directed to remain
in Santa Fe\ Thus was the Army of the West divided
into three columns, to operate in regions remote from
each other and never again to be united in one body.29

On the morning of the 25th, the column was ready
for its long march to the Coast, and, at two in the
afternoon, left Santa F6 and reached Albuquerque on
the 2£th, at which place the Rio Grande was crossed;
thence the valley was followed to the Jornado del

28Lt Emory's Account.

OF THE TERRITORY OF NEW MEXICO. 87

Muerto and thereafter, across the plains into the valley
of the Rio Mimbres, from which locality Kearny pro-
ceeded westward to the Pacific Coast, reaching San
Diego in December.

The conquest of New Mexico was complete;
achieved without the loss of a man or the firing of a
gun, the work was finished. Kearny and Doniphan,
going out from the then western border of civilization ,
marching upwards of a thousand miles through lands
overrun with hostile Indians, making a circuit equal
to a fourth of the circumference of the globe, providing
for the army as they went, returned with trophies
taken from fields the names of which were unknown to
themselves30 and their country. History has but few
such expeditions to record. "New Mexico, itself so
distant and so lately the Ultima Thule, the outside
boundary of speculation and enterprise, so lately a
distant point to be obtained, became itself a point of
departure for new and far more extended expeditions."

The fruits of this great expedition, coupled with
the great successes of the naval and military forces of
the United States operating simultaneously on the
coast of California, time has shown to have been in-
estimable in value to our country. New Mexico and
California, conquered but afterwards ceded by Mexico
to the United States, an area of territory embracing
nearly ten degrees of latitude, lying adjacent to Oregon
and extending from the Pacific Coast to the Rio Bravo,
gave an empire to the United States and its acquisition
was second only in importance to the purchase from
Napoleon, of Louisiana, in 1803. Gold had not been
discovered in California ; the great copper mines of the

30Hon. Thomas H. Benton— address, July 2d, 1847.

-^i

Fac-simile of Page of Stamped Paper, the Use of Which Was Abolished by
General Kearny.

MILITARY OCCUPATION OF NEW MEXICO. 89

present territory of Arizona had not been dreamed of
by men of Anglo-Saxon blood, and the immense agri-
cultural and horticultural resources of the golden state,
not to mention those of the territories of New Mexico
and Arizona, had not been given the slightest thought
by the statesmen of that day. The possession of the
ports of San Diego, Monterey and San Francisco im-
mediately enabled the United States to command the
commerce of the Pacific Coast, and at that time, in the
whaling business alone, the capital invested exceeded
forty millions of dollars. To-day the assessed valuation
of property in some of the cities of California exceeds
by many millions of dollars the entire cost of the war
with Mexico; a single copper mine in the Territory of
Arizona has produced copper bullion of greater value,
in dollars, than the total amount of the national debt
of our country after the war with Mexico was over, and
the value of the coal and coke already produced in the
coal regions of New Mexico and Southern Colorado, at
the time of the occupation, at part of New Mexico, ex-
ceeds the cost of all that portion of the United States
embraced within the Louisiana Purchase and the terri-
tory acquired by the annexation of the Kepublic of
Texas, as well as that secured under the terms of the
Treaty of Guadalupe Hidalgo.

KEARNY'S ACTIONS PARTLY DISAPPROVED AT WASHINGTON.
Exactly four months after General Kearny had
established a civil form of government in New Mexico
and named the officials of the Territory, President
Polk, in answer to a resolution of the House of Eepre
sentatives asking for all documents containing any
orders or instructions to any military, naval or other
officer of the government in relation to the establish

MILITARY OCCUPATION OF NEW MEXICO. 91

ment or organization of civil government in any por-
tion of the Territory of New Mexico, which has or
might be taken possession of by the Army or Navy of
the United States, said: — "Among the documents ac-
companying the report of the Secretary of War will
be found a "form of government" "established and
organized" by the military commander who conquered
and occupied with his forces the Territory of New
Mexico. This document was received at the War De-
partment in the latter part of last month, and, as will
be perceived by the report of the S-ecretary of War, was
not, for the reasons stated by that officer, brought to
my notice until after my annual message of the 8th
instant was communicated to congress."

"It is declared on its face to be a temporary gov-
ernment of the said territory," but there are portions
of it which purport to "establish and organize" a per-
manent Territorial government of the United States
over the Territory and to impart to its inhabitants
political rights, which, under the Constitution of the
United Spates, can be enjoyed permanently only by
citizens of the United States. These have not been
"approved and recognized" by me. Such organized
regulations as have been established in any of the con-
quered territories for the security of our conquest, for
the preservation of order, for the protection of the
rights of the inhabitants, and for depriving the enemy
of the advantages of these territories while the military
possession of them by the forces of the United States
continues, will be recognized and approved.31

"It will be apparent from the reports of the officers
who have been required by the success which has

'Message of President Polk, Dec. 22d, 1846.

MILITARY OCCUPATION OP NEW MEXICO. 93

crowned their arms to exercise the powers of temporary
government over the conquered territories, that, if any
excess of power has been exercised, the departure has
been the offspring of a patriotic desire to give to the
inhabitants the privileges and immunities so cherished
by the people of our own country, and which they be-
lieved calculated to improve their condition and pro-
mote their prosperity. Any such excess has resulted in
practically no injury, but can and will be early cor-
rected in a manner to alienate as little as possible the
good feelings of the inhabitants of the conquered
territory."

LEYES

para

EL GOBIBRNO DEL TeRRITORIO OE

MBJtCO

TEST AM EN PA RI AS.

SECCION I Las leyes basta ahora
vigentes relatives 6 herencias, repar-
timientes, ult'i nas voluntaries y testa
Bientos segua estan contenidas en el
tratado sobre estas m itenas escrito
POT Pedro M irillo de Lara, qucdaran
figentes en todo lo que sou con formes
con la constitucion de log Estados
U»i los y estalutos tambien vjgentes

2 Los Prefectos concederan letras
credenciales para tesiamentenaa y
para Ahintestatoe.

3 Las latras para testamentanas
y Abintestatos seran concedidaa eri
el 'condado en qu el hogar 6 lugar
de residencia del difuruo estubiere n-
bicado- Si no tenia hogar 6 lu?ar de
residencia at tiemoo de su inuerte y
poseyera tier as las letras creden.
dales se conceieran eti el-condadoen
que estubieren las tierraa 6 parte -de
ellas. Si e1 d-finto no tenia hogar 6
Jugar de residencia y no poseia tier-
fas, las letras p jdran concederse en
«l condado en que m iro 6 doude etn.
ficren la may or parte de sus bienes. Si

LAWS

for

THB GOVERNMENT OF THE TERRITORY OP

NEW MEXICO.

ADMINISTRATIONS.

Section 1 The Jaws Aeretofore in
brce concerning descents, disinbu-
ions, vvtlld and testaments, as cou«
ained rn the treatise on these sub*
ects w itten by -Pedro Munllo De
L,orde, shall remain in force so far

tAey are in conformity toitti \.hz
Constitution of tAe United Slates aud
he State laws in force for the time
eing.

2 The prefects shall grant letter!
estanientary and of admiiiHfration

3 Letters testamentary an 1 of ad
ministration shall b« granted in the
ouuty in w/nch the mansioii house
<r place of abode of the deeensed is
ituated. If he ha«i no mansion house-
r place of abode at the time of/hifl
eath, and be possessed of lands, let-
era shall be granted in the county in
vhich the \&nis or a parr thereof lies.

If the deceased had no mansion
ouse or place of abode, and was not
ossessed of lands, letters may be
ranted in the county in which he
ied or where the greater part of Jtus

Page of Kearny Code.

CHAPTER III.

1. The March to Chihuahua. 2. Doniphan Ordered Against the
Navajos. 3. Treaty with the Navajos. 4. Doniphan Pro-
ceeds Down Valley of Rio Grande. 5. Battle of Brazito.
6. Doniphan Occupies El Paso. 7. Marches on Chihuahua.
8. Battle of Sacramento. 9. Occupation of Chihuahua.
10. Departure of Army for Sflltillo. 11. Return to the
United States.

When General Kearny left Santa F6 for Califor-
nia the command of the forces remaining in New Mex-
ico was turned over to Colonel Doniphan. Two days
after the departure of Kearny, Colonel Sterling Price,
accompanied by his staff, arrived in the city in ad-
vance of his command. Colonel Price's troops arrived
a few days later and consisted of 1,200 mounted volun-
teers from Missouri and a Mormon battalion of 500
infantry, which had been organized at Council Bluffs.
These troops marched across the plains in fifty-three
days. Santa F6 was now a great military camp, the
aggregate effective force of the army at the time being
in the neighborhood of three thousand five hundred
men.

Great preparations were made for the campaign
to be commenced by Colonel Doniphan, his objective
point being Chihuahua, where it was supposed he
would be able to join with General Wool, who had
been ordered there by the President, operating under
orders from General Zachary Taylor, at that time com-
manding the army of occupation in Mexico, and under
whose leadership the battles of Palo Alto and Kesaca
de la Palma had been fought on the 8th and 9th days
of May previous.

96 MILITARY OCCUPATION OF NEW MEXICO.

When Colonel Doniphan had completed all his
arrangements for the campaign to the south, advices
were received by him, in the nature of a special order
from General Kearny, who had reached La Joya, a
point in the valley of the Rio Grande, a short distance
above the present city of Socorro, directing him, prior
to his march against Chihuahua, to undertake a cam
paign against the Navajo Indians, who had been raid-
ing the valley in the neighborhood of Polvodera. With-
out a moment's delay, everything being in readiness,
Colonel Doniphan began the work.

CAMPAIGN AGAINST THE NAVAJO INDIANS.

Colonel Price was left in command at Santa F6,
and on the 26th day of October, having divided his
force into two parts, at the head of one Doniphan pro-
ceeded to Albuquerque, thence to the Kio Puerco, fol-
lowing that stream to its headwaters. Major Gilpin
was placed in command of a force of two hundred men,
marched up the valley of the Chama from Abiquiu,
crossed the Continental Divide and proceeded down
the San Juan river to the valley of the Little Colorado.
Captain John W. Reid, with thirty men, led an ex-
pedition into the heart of the Navajo country, which
was of a most daring and brilliant kind. The whole
country was traversed and the Navajos finally assem-
bled at Ojo del Oso (Bear Spring), where a treaty
was signed, after a campaign lasting only six weeks,
and at the conclusion of which the command returned
to the valley of the Rio Grande, reaching Socorro on
the 12th day of December, 1846.

Thus early in the history of American rule of New
Mexico, the army of the United States, traversing the
Great Plains, the heroes of a bloodless conquest of

General A. W. Doniphan at Seventy.

98 MILITARY OCCUPATION OF NEW MEXICO.

New Mexico, became the champions and protectors of
a people not vet citizens of the United States. In ne-
gotiating with the Navajos, Colonel Doniphan outlined
the purposes of the American government in taking
possession of New Mexico. He was answered by Sar-
cilla Largo, a young chief, an Indian of prominence
and ability in his tribe, who said that he was gratified
to learn the views of the American general. It was ex-
plained to the Indians that the United States had
taken military possession of the country ; that the laws
of the United States were now in force and that all
citizens would be protected against violence, invasion
and depredation; that the government was also anx-
ious to enter into a treaty of peace with the Navajos;
that the same protection would be given to them ; that
the United States claimed everything by right of con-
quest and that the Mexicans and Indians were now
equally citizens of his country.

Sarcilla Largo replied : "Americans ! You have a
strange case of war against the Navajos. We have
waged war against the New Mexicans for many years.
We have plundered their villages, killed many of their
people and have taken many prisoners. Our cause was
just. You have lately commenced a war against the
same people. You are powerful. You have great guns
and many brave soldiers. You have therefore con-
quered them, the very thing we have been attempting
to do for many years. Y7ou now turn upon us for at-
tempting to do what you have done yourselves. We
cannot see why you have cause to quarrel with us for
fighting the New Mexicans on the West, while you do
the same thing on the East. Look how matters stand !
This is our war. We have more right to complain of

Reprint from Hughes' Doniphan Expedition.

100 MILITARY OCCUPATION OF NEW MEXICO.

you for interfering in our war than you have to quar-
rel with us for continuing a war we had begun long
before you got here. If you will act justly you will
allow us to settle our own differences."

It was then explained that the New Mexicans had
surrendered and were no longer bearing arms against
the American forces. The Indians were informed that
according to the usages of civilized warfare, when a
man surrendered he was treated thereafter in a
friendly manner. That, by right of conquest, all of
New Mexico and all the inhabitants had become a part
of the United States; that, if the Navajos continued
to steal from the New Mexicans, they were stealing
from citizens of the United States and that, when
they killed them, they were killing our own people.
That the American government had guaranteed pro-
tection to the New Mexicans from whatever source
they should be threatened, and that no further war-
fare against them on the part of the Navajos would
be tolerated.

It was finally agreed to execute the treaty, the
Navajo chief declaring that New Mexico, being in the
possession of the American army, and it being the in-
tention to hold it, all depredations by his tribe would
cease and that thereafter they would refrain from
making war upon our people. "We have no quarrel
with you," said Sarcilla, "and want no war \vi1h so
great a nation. Let there be peace between us."

The entire column commanded by Doniphan was
concentrated near Socorro, in the valley of the Rio
Grande, and on December 14th began its march down
the Rio Bravo, a wonderful undertaking, an expedition
which made the name of Doniphan a household word

*NC\

Colonel Doniphan Treating With the Navajo Indians.

Sarcilla Largo: "We can not see why you have cause to quarrel with us for
fighting the New Mexicans on the west, while you do the same thing on the east."

102 MILITARY OCCUPATION OF NEW MEXICO.

in the Great West and raised him, to that pinnacle of
glory which gave a great American poet an inspiration,
a comparison with the deeds and march of Xenophon
and the Ketreat of the Ten Thousand.32

After crossing the Jornado del Muerto (journey
of death), Colonel Doniphan and command entered
the Mesilla Valley of the Rio Grande, and, a few miles
south of the present town of Las Cruces, camped at
what is known as the Brazito, on the east bank of
the river, in a level, bottom prairie, partially covered
with mesquite and cotton wood undergrowth.

BATTLE OP BRAZITO, DECEMBER 25, 1846.

While the men were scattered in quest of wood
and water for cooking purposes, for fresh grass for the
animals, and while the wagon trains and teamsters
were scattered along the road for miles in the rear, a
great cloud of dust was observed to the southward,
and shortly it was announced by men scouting in the
advance that the enemy was approaching. Every man
flew to his post; assembly was sounded; the men,
dashing down their loads of wood and buckets of
water, came running from all directions, seized their
arms and fell into line under whatever flag was most
convenient; those in the rear fell into line, under the
nearest standards, as fast as they came up.

By this time the Mexican General had drawn up
his forces in front and on the right and left flanks of
Doniphan's lines. His force was about one thousand
three hundred men, regulars and volunteers, cavalry
and infantry and four pieces of artillery. They ex-
hibited a most gallant and imposing appearance, for

3::William Cullen Bryant.

MILITARY OCCUPATION OF NEW MEXICO. 105

the dragoons were dressed in a uniform of blue pan-
taloons, green coats, trimmed with scarlet and wearing
tall caps, plated in front with brass, on the tops of
which waved plumes of horsehair.

Before the battle commenced and while the two
armies stood marshaled front to front, the Mexican
commander, General Ponce De Leon, despatched a
lieutenant to Colonel Doniphan, bearing a black flag.
The messenger, coming with the speed of lightning,
halted when within sixty yards of the American line
and waved his ensign gracefully in salutation. Colonel
Doniphan advanced toward him a short distance, ac-
companied by an interpreter, and asked his demands.
The response was a demand from the Mexican General
that the American commander appear before him.
Doniphan replied : "If your General desires peace, lei
him come here," when the messenger cried out: "Then
we will break your ranks and take him there." "Come
then and take him," cried Doniphan, and immediately
the battle began.33

"Dios y Libertad," shouted the Mexican com-
mander, and in a whirlwind of sand and dust the cav-
alry came thundering on. Through the rising clouds of
dust the bright lances and sabres glittered in the sheen
of the sun; the Vera Cruz dragoons were leading and
charged on Doniphan's left. Not until within a few
yards did the Americans open fire. The shrill voice
of Doniphan could be heard above the cries of the
Mexicans and the fire of the yagermen. The execution
was deadly; his line was broken. At this moment
Captain Eeid, with only sixteen mounted men, the
balance on foot, charged the enemy, broke through his

3Hughes' Doniphan's Expedition, pages 264 and 265.

MILITARY OCCUPATION OP NEW MEXICO. 107

ranks, hewed them to pieces with their sabres and
threw them into complete confusion. Hand to hand
conflicts were everywhere in evidence. The Mexican
General had his horse killed under him and was
wounded in a sabre duel with one of Reid's troopers.
The Chihuahua infantry and cavalry charged Doni-
phan's right. They were met with a galling fire at
sixty paces and, wheeling, fled in great confusion. The
consternation became general in the ranks of the enemy
and they commenced a retreat. The Mexican loss
was seventy-one killed, five prisoners and not less than
one hundred and fifty wounded, among whom was the
commanding general, Ponce De Leon. The American
loss was none killed and eight wounded.

By this defeat the Mexican army was completely
disorganized and dispersed. Their volunteers returned
with the utmost expedition to their respective homes,
while the regulars, under Ponce De Leon, continued
their flight to Chihuahua. This was the only battle
fought by Doniphan's command on what is now Amer-
ican soil.

On the following morning Doniphan moved south-
ward, and, on the 28th, occupied El Paso, which sur-
rendered without a struggle. Here he remained for
about six weeks awaiting the arrival from Santa F£
of the artillery under Major Clark and Captain
Weightman. These re-enforcements arrived on the 1st
of February, 1847, and consisted of one hundred and
seventeen men and six pieces of cannon. On the 8th
the entire army began its advance upon the City of
Chihuahua. The men were buoyant with hope, ex-
pecting a harvest of undying fame and looking for
victorv or death on the field of battle. This little

MILITARY OCCUPATION OF NEW MEXICO. 109

army, only a handful of volunteers, essayed to conquer
the greatest city in Northern Mexico, defended by reg-
ulars and volunteers from the entire state of Chihua-
hua and the neighboring state of Durango. The march
led through sandy plains; the water was bad and
scarce and everything physically was a menace to the
success of the enterprise. The capture of Chihuahua
had been deemed of the greatest importance by the
American government, so much so that General Wool,
with 3,500 men and a heavy park of artillery had been
directed thither for its subjugation. Colonel Doniphan
was only too well aware of the dangers that con-
fronted him, but he had been ordered to report to
General Wool and, brave frontiersman that he was,
had no idea of remaining at El Paso waiting for re-
enforcements; no doubt was in his mind as to his
ability to defeat the enemy and capture the city, not-
withstanding the fact that both the great states of
Chihuahua and Durango were in arms to oppose his
advance.

On the 28th, near the City of Chihuahua, the
American army came in sight of the enemy encamped
at a place called Sacramento. All day long an im-
mense eagle, sometimes soaring aloft and sometimes
swooping down amongst the fluttering banners, fol-
lowed the lines of march and seemed to herald the
news of victory. Like the Komans of old, the men re-
garded the omen as good.

The enemy had occupied the brow of a rocky emi-
nence rising upon a mesa between the Sacramento
river and the Arroyo Seco. The approaches were for-
tified by a line of field works consisting of twenty-
eight strong redoubts and intrenchments. This pass

Cannon Captured by Colonel Doniphan at Battle of Sacramento, Now in State
House Grounds, Jefferson City, Missouri.

MILITARY OCCUPATION OF NEW MEXICO. Ill

was the key to the capital — the far-famed City of
Chihuahua, the Mecca of the merchants of the Santa
F6 Trail. Thus fortified and intrenched, the Mexican
army, consisting, according to a consolidated report
of the adjutant general, which fell into the hands of
Doniphan after the battle, of four thousand two hun-
dred and twenty men, commanded by Major General
Heredia, aided by General Conde, formerly Minister
of War of Mexico, as commander of cavalry; General
Ugarte, in command of the infantry, and General
Trias, commanding the artillery, awaited the approach
of the American army.34

As the American volunteers advanced nothing could
exceed in point of solemnity and grandeur the rumbling
of the artillery, the firm moving of the caravan, the
dashing to and fro of horsemen, the fluttering banners
and guidons waving defiance to the enemy. The Mex-
icans began the engagement with a cavalry charge, led
by General Conde. Down the fortified heights he
charged, with sabres flying, leading twelve hundred
men, a magnificent sight, the glistening brass upon
their accoutrement shining with the flash of a thou-
sand sabres. This force was greater than Doniphan's
entire command, and quickly he ordered the artillery
to begin its work; at less than a thousand yards the
six-pounders and howitzers did deadly work. The
charge was broken; Conde fell back in some confusion,
unmasking, however, a battery which immediately
commenced a fire upon the American army. The ar-
tillery battle continued for upwards of an hour, re-
sulting in great loss to the Mexicans. General Conde

34Hughes' Doniphan's Expedition. Campaigning with Dani-
phan-Edwards.

SIERRA DE NOMBRE DE DIOS

PLAN OF THE BATTLE OF SACRAMENTO

MILITARY OCCUPATION OP NEW MEXICO. 113

fell back and attempted to reorganize his command
behind the retrenchments. Meanwhile the Americans
advanced to storm the redoubts. Sixteen pieces of
cannon from the redoubts opened a heavy fire upon our
army as it moved up the hill, but, owing to the fact
that the enemy was compelled to direct his fire plun-
gingly down hill, the army sustained but little damage.
When within four hundred yards of the redoubts a
charge was ordered. Here it was that Captain Keid
again distinguished himself, for with twenty-five troop-
ers he charged the redoubt in his front and carried the
battery, silencing the guns. He was too weak to hold
it, however, and overwhelmed by the enemy he was
beaten back. His horse was killed under him. Within
a few moments the remainder of Reid's troop was with
him and a section of WTeightman's howitzers. To-
gether they swept the intrenchments with grape and
canister and the battery was retaken and held.

Meanwhile the American left, under Major Gilpin,
boldly scaled the heights, passed the intrenchments,
cleared the redoubts and, with great slaughter, forced
the enemy to retreat. The Mexican artillerymen were
brave fighters; some of them were made prisoners
while in the act of touching off their cannon. Great
efforts were made by the Mexican generals to rally
their forces, but they were unavailing. The rout of
the Mexican army became general and the slaughter
continued till night put an end to the conflict.

The Mexican loss on the field was three hundred
and four men, and a large number wounded, not less
than five hundred and seventy were taken prisoners.

Thus was the army of Northern Mexico totally de-
feated and completely disorganized by a column of

MILITARY OCCUPATION OP NEW MEXICO. 115

Missouri volunteers. The American loss was one killed,
Major Owens of Independence, Mo., and eleven
wounded.

Colonel Doniphan, immediately following up this
sweeping victory, took possession of the City of Chi-
huahua, together with a vast quantity of provisions, six
thousand dollars in silver, fifty thousand head of sheep,
one thousand five hundred head of cattle, one hundred
mules, twenty wagons, twenty-five thousand pounds of
ammunition, ten pieces of cannon, one hundred stands
of small arms, one hundred stands of colors, several
fine carriages and other things of lesser note, belonging
to the departed commander, Heredia.

On the same day, in the center of the Plaza, amid
the thunder of twenty -eight guns, a national salute,
Old Glory was hoisted over the stronghold of northern
Mexico.

On the 18th of March, Doniphan learned of the
great conflict at Buena Vista, and, on the 20th, de-
spatched a messenger to General Wool protesting
against remaining at Chihuahua as a mere wagon-guard
for the garrisoning of a city with troops never intended
for such duty. On the 9th of April following, de-
spatches were received from General Taylor, by way
of General Wool at Saltillo, and were sent to Colonel
Doniphan by the hands of Captain Pike, with an escort
of twenty -six cavalry-men, reaching Doniphan on the
23d, and on the 25th Colonel Doniphan ordered the
evacuation of the city and began his march to Saltillo.

Isolated from every other branch of the army,
barred by intervening deserts from all communication
with his government, thrown entirely upon his own re-
sources, compelled to draw supplies from a hostile

116 MILITARY OCCUPATION OF NEW MEXICO.

country and in the absence of instructions from any
superior authority, Doniphan and his command had
been practically abandoned by the United States gov-
ernment and left to cut its way through the country of
a subtle enemy. Destitute of clothing and the means
of procuring it, the army not having received a dollar
in pay since the day of enlistment, the soldiers indeed
were become rough and uncouth samples of frontier
existence.

Their long beards flowed in the wind like the hair
of the Cossack on the Russian Steppes. Their buck-
skin apparel, their unusually stern appearance, their
determined and resolute mien attracted the gaze and
won the admiration of the people everywhere.

When General Wool, with three thousand five
hundred men, with heavy artillery, set out from San
Antonio on his intended expedition against Chihuahua,
many predicted his complete annihilation, and yet,
Doniphan, with a force of less than a thousand effective
men, captured the city, although desperately defended
at Sacramento, a feat at that time unrivalled in the
history of American armies.

In compliance with the orders of General Taylor,
the services of the Missouri Volunteers being no longer
required in the war with Mexico, General Doniphan
and command were sent to the United States by way
of Matamoras and the Gulf of Mexico. They were dis-
charged at New Orleans and returned to their native
state, graced with the trophies of the vanquished foe,
the cannon captured at Sacramento afterwards pre-
sented to the state of Missouri, having in twelve months
travelled more than three thousand five hundred miles
by land, over two thousand five hundred miles by sea,

The Missouri Mounted Volunteer.

Sketch from Life, on Arrival of Doniphan's Command at Chihuahua, 1847.
Reprint from Hughes' Doniphan Expedition.

118 THE MILITARY OCCUPATION

conquered the state of New Mexico, concluded a great
campaign against the Xavajo Indians, in which a treaty
of peace was secured, fought the battles of Brazito and
Sacramento, conquered the state of Chihuahua,
marched over six hundred miles through sandy, desert
wastes to Saltillo, joining General Wool, all accom-
plished with a loss of less than one hundred of their
original number.

The expedition of Cyrus against his brother,
Artaxerxes, and the retreat of the Ten Thousand
Greeks under Xenophon form the only parallel to
Doniphan's expedition recorded in the history of the
world.35

The returning soldiers were welcomed on every
hand by the patriotic citizens of their native state.
Great public meetings were held, one at St. Louis on
the 2d day of July, 1847, being addressed by Hon.
Thomas H. Benton, then a United States senator from
Missouri, who in a most thrilling and eloquent manner
recounted wTith astonishing accuracy and extraordinary
minuteness the events of the great campaign.36

In the latter part of the month, at a meeting held
in Independence, Colonel Doniphan was crowned with
the hero's laurel wreath, and a Mrs. Buchanan, on be-
half of the ladies of the state, delivered from the stand,
in the presence of the assembled thousands, a most
eloquent address, saying: — 3T

"Volunteers of Missouri : — In the history of your
country no fairer page can be found than that which
records your heroic achievements. Many of you had

35Hughes' Doniphan's Expedition.
3eMissouri Republican— July 3d, 1847.
"Hughes' Doniphan's Expedition, page 383.

OF THE TERRITORY OF NEW MEXICO. 119

never welcomed the morning light without the sunshine
of a mother's smile to make it brighter. Many of you
had known the cares and hardships of life only in name,
still you left the home of your childhood and en-
countered perils and sufferings that would make the
cheek of a Koman soldier turn pale, and encountered
them so gallantly that time in his vast calendar of
centuries can show none more bravely, more freely
borne."

"We welcome you back to your homes. The
triumph which hailed the return of the Caesars to
whose war chariot was chained the known world is not
ours to give, nor do you need it. A prouder triumph
than Kome could bestow is yours, in the undying fame
of your proud achievements. But if the welcome of
hearts filled with warm love and well merited admira-
tion, hearts best known and longest tried, be a triumph,
it is yours in the fullest extent."

"Colonel Doniphan : — In the name of the ladies
who surround me, I bestow on you this laurel wreath —
in every age and every clime, the gift of beauty to valor.
In placing it on the brow of him who kneels to receive
it, I place it on the brow of all who followed where so
brave, so dauntless a commander, led. It is true that
around the laurel wreath is twined every association of
genius, glory and valor, but I feel assured that it never
was placed on a brow more worthy to receive it than
his on which it now rests— THE HERO OF SACRA-
MENTO."

Alexander William Doniphan was born on the 9th
day of July, 1808, in Mason county, Kentucky. There
his tender years were spent and his youthful mind re-
ceived its first impressions. Amidst Kentucky's wild,

120 THE MILITARY OCCUPATION

romantic mountain scenery, his young faculties de-
veloped, unfolded and expanded. Here he learned
sentiments of honor, honesty and patriotism. He was
a great admirer of the patriots of the American
Revolution. He was educated at a college located at
Augusta, Kentucky, conducted by the Methodist Epis-
copal Church and graduated in his 19th year with high
honors. He read law under Martin Marshall and
finally moved to the state of Missouri and located at
Lexington, removing later to Liberty, in Clay county,
about twelve miles from Kansas City. His success at
the bar was almost unexampled.

Colonel Doniphan, in 1838, held the office of
Brigadier General of militia, and in that year was in
command of a brigade belonging to the division of
Major General Lucas, operating against the Mormons.
who were creating disturbances in the Far West, led
by their great Prophet, Joseph Smith. Military prep-
arations were being actively pushed forward by the
Prophet to meet the emergency and General Doniphan
rendered important service in overawing the insurgent
forces and quelling the disturbances without bloodshed.
This was his first campaign. His biographers say
that38 in all the relations of his social life, and his
public career as well, his conduct was most exemplary.
In all his dealings he was just and honorable. He was
most interesting and fluent in conversation ; his manner
and deportment were most prepossessing, and, as an
orator, he had wonderful and shining powers. His
air was commanding, his language full and flowing, his
gestures graceful, his enunciation distinct, his voice
sonorous, his arguments convincing and his mind clear

^Hughes and Allen.

OF THE TERRITORY OF NEW MEXICO. 121

and comprehensive. His was a great imagination. It
was not only brilliant but dazzlingly brilliant, vivid
and strong, and when excited the tide of his eloquence
was almost irresistible. In stature he was six feet and
four inches, well proportioned, dignified and gentle-
manly in his manners. His features were bold, his eye
keen and expressive and his forehead massive. No
fitter man could have been chosen by the volunteers for
the command of the regiment. It was his sagacity that
planned, his judgment that conducted and his energy
and bravery, together with that of his officers and men,
that accomplished the most wonderful campaign of any
age or country. It was done without an outfit, without
money, almost without ammunition, by a citizen-com-
mander of citizen soldiers. The history of this expedi-
tion is his monument. His deeds will ever live to
praise him. He died at Richmond, Missouri, August
8, 1887. beloved bv all who knew him.

CHAPTER IV.

1. General Price in Command at Santa Fe. 2. The Archuleta
Conspiracy. 3. The Taos Revolution. 4. The Killing of
Governor Bent. 5. The Battles <yf Canada, Embudo, Taos
and Mora. 6. The Leaders Are Tried by Court-martial
and Hanged. 7. Fight with Indians at Red River Canyon.
8. Fight at Las Vegas; the Town Is Burned. 9. Indian
Fight at Arroyo Hondo. 10. Fr. Antonio Jose Martinez.
1. Legislature Under Military Rule; Governor Vigil.

12. Differences Between Military and Civil Authorities.

13. Formation of Territory of New Mexico.

Upon the departure of Colonel Doniphan and his
command for the Chihuahua campaign, Colonel Ster-
ling Price, afterwards commissioned a Brigadier Gen-
eral, and later Governor of Missouri and a Major Gen-
eral in the Confederate army, in the war between the
States, assumed command at Santa Fe. About the
1st of December following the departure of Doniphan
some very distinguished native citizens of New Mex-
ico began to hold secret cabals, plotting the overthrow
of the existing government. These revolutionists had
been prominent in the affairs of New Mexico during
the rule of Armijo and longed for return to power
and authority. The leaders of this revolution were
Don Tomas Ortiz, who aspired to become governor, and
Don Diego Archuleta, who had been nominated as com-
manding general. Many other prominent men, of
great and restless ambition, joined in the plot, among
whom, it has been declared, was the priest, Fr. An-
tonio Jose Martinez, of Taos.

The 19th of December, at midnight, was the time
first fixed for the revolt, which wras to be simultaneous
throughout the department. Owing to a want of com-

MILITARY OCCUPATION OF NEW MEXICO. 123

plete organization, the conspiracy not yet having fully
matured, the commencement of the revolution was sus-
pended until the evening of the 24th of December,
when it was believed the chances for the successful
capture of the city of Santa F£ and its garrison would
be better. It was believed that Christmas evening was
a most favorable time, for the reason that the soldiers
would be indulging in wine in the resorts of the city
and would be taken unarmed. Every American, with-
out distinction, throughout the entire department, and
such natives as had favored the American government
and accepted office under General Kearny, were to be
massacred and the reins of government seized. This
revolution, however, failed, owing to the vigilance of
Colonel Price, his officers and men. The leaders fled,
some south to Chihuahua and others to the mountains
of Rio Arriba. The rebellion was immediately sup-
pressed.

But the leaders of this revolution were men of
restless and unsatisfied ambition. They remained in-
active only a brief period. A second and still more
dangerous revolution was plotted. Some of the most
powerful and dangerous men in the department are
known to have favored the design. The experience de-
rived from the failure of the first brought about the
most profound secrecy in the formation of the plans
for the second. Upon the surface everything through-
out the department was quiet and yet the machina-
tions of the revolutionists were daily gaining strength.
Even the priests gave counsel. The people everywhere,
in the towns, villages and settlements began to arm
and equip themselves unknown to the military authori-

124 THE MILITARY OCCUPATION

ties, and on the 19th of January, 1847, the rebellion
broke out in several parts of New Mexico.

THE TAGS REVOLUTION KILLING OP GOVERNOR BENT.

On the 14th of January, Governor Charles Bent
had left Santa F6 to visit Taos and five days later he
was foully assassinated in his own residence in that
village.

Governor Bent, it seems, was aware of the dis-
content which prevailed among certain leaders and
classes of the people, for, subsequent to the first con-
spiracy, he issued, as governor, a proclamation, among
other things declaring:

"You are now governed by new statutory laws and
you also have the free government promised to you.
Do not abuse the great liberty which is vouchsafed
you by it, so you may gather the abundant fruits which
await you in the future. Those who are blindly op-
posed, as well as those whose vices have made them
notorious, and the ambitious persons who aspire to the
best offices, also those persons who dream that man-
kind should bow to their whims, having become satis-
fied that they cannot find employment in the offices
which are usually given to men of probity and hon-
esty, exasperated (Thomas Ortiz and the old revolu-
tionist, 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
about and hiding from the people, but their doctrines
are scattered broadcast among the people, thereby

OF THE TERRITORY OF NEW MEXICO. 125

causing uneasiness, and they still hold to their ruinous
plans. * * * There is still another pretext with
which they want to alarm you and that is the false-
hood that troops are coming from the interior in order
to re-conquer the country. What help could the de-
partment of Chihuahua, which is torn by factions and
reduced to insignificance afford you? Certainly none.
* * * I urge you to turn a deaf ear to such false
doctrines and to remain quiet, attending to your do-
mestic 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."

While he knew of the discontent prevailing, Gov-
ernor Bent was in no wise alarmed for his personal
safety. The native people had always professed the
warmest admiration and friendship for him, and his
treatment of them was of the most cordial and gener-
ous kind.

Governor Bent misjudged the people and under-
estimated the influence of the treacherous men who
professed to be his friends. Early on the morning of
the 19th of January, the insurrectionists, under the
leadership of Pablo Montoya and a Taos Indian,
known as Tomasito, entered the city, joined the resi-
dent members of the revolutionary movement and be-
gan the attack. They destroyed the houses of the resi-
dent Americans. The Indians, under the leadership
of Tomasito, visited the home of Governor Bent, and,
firing through the door, while engaged in conversation
with him, wounded him in the chin and stomach. The

Old Church at Taos, N. M.

MILITARY OCCUPATION OF NEW MEXICO. 127

door was broken down and the Indians filled his body
with arrows, three of which the prostrate governor
pulled from his face before he was killed. His wrists
and hands were slashed with knives and axes. Amidst
the fiendish yells of the Indians, he was scalped, while
yet alive, and afterwards his head was hacked from
his body. Immediately after the killing of Governor
Bent, the remaining Americans hid themselves as best
they could. Pablo Jaramillo, the brother of Mrs. Bent,
and Narcisco Beaubien, a son of Charles Beaubien,
buried themselves in the straw of a stable near by, but
were discovered and their bodies pierced through with
lances. Among others who were massacred were Louis
Lee, the acting sheriff of the county, Cornelio Vigil,
prefect and probate judge, and J. W. Leal, circuit at-
torney. Leaving Taos, the insurrectionists proceeded
to the Arroyo Hondo, where they destroyed a distillery
and killed Jesse Turley and six other Americans.39

While these bloody scenes were being enacted in
Taos and at the Arroyo Hondo, similar attacks were
made upon Americans in other parts of the Territory.
Seven were killed at Mora.40 These were Santa F6
traders, the most prominent of whom was Lawrence
L. Waldo, of Westport, Missouri, father of Henry L.
Waldo, of Las Vegas. Mr. Waldo had been engaged
in trade for several years and had made several trips
over the Santa F£ Trail. Like Governor Bent, he was
respected and liked by the masses of the Mexican peo-
ple and by the Indians. He was just entering Mora
with his companions, in charge of a caravan, ignorant

39Hughes' Doniphan's Expedition, page 393.
^Hughes' Doniphan's Expedition — Culver, Noyes and
others.

128 THE MILITARY OCCUPATION

of the fact that a revolution hfad been started, when
all were shot from ambush and killed. When the news
reached Las Vegas, a detachment of troops was sent
to Mora, which returned with the bodies of the mur-
dered men, and later they were buried in the cemetery
on the hill west of the present old town of Las Vegas.

GENERAL PRICE STARTS FOR TAGS. BATTLES OF CANADA,
EMBUDO AND TAGS.

As soon as Colonel Price learned of the massacre of
Governor Bent and his retinue, word having been
brought to him by a brother of the sheriff, who had lost
his life with Bent, he left for Taos with a strong force.

The insurgents were assembled in force near the
present village of Santa Cruz, twenty-five miles north
of Santa F£, under Generals Ortiz and Montoya, with a
view of making an assault upon the Capital. Colonel
Price met them at Canada, the enemy numbering about
two thousand men. The American force consisted of
four hundred and eighty men and four pieces of ar
tillery, mountain howitzers. The insurgents were
posted on both sides of the main road to Taos, occupy-
ing the hills. A sharp fire from the howitzers was di-
rected against the enemy, but writh little effect, where
upon Colonel Price ordered Captain Angney to charge
the hill, which was gallantly done, being supported by
Captain St. Vrain with a company of citizen soldiers.
The conflict continued until sundown. The American
loss was two killed and seven wounded. The insurgent
loss was thirty-six killed and forty-five taken prisoners.
The insurgents retreated toward Taos. The enemy was
hotly pursued by Price and was again encountered at
Embudo, where he was discovered in the thick pinon
and cedar thickets which lined the road side. A charge

OF THE TERRITORY OF NEW MEXICO. 129

was ordered and was made by three companies under
Captain Burgwin and Captain St. Vrain and Lieuten-
ant White, resulting in the total route of the insurgents.

The march was resumed the following day and no
opposition was had until the third day of February, at
which time Price arrived at the Pueblo of Taos, where
he found the insurgents strongly fortified. A few
rounds were fired by the artillery that evening, but was
soon discontinued on account of its ineffectiveness.

General Price gives a very vivid description of the
battle of Taos ; it is as follows : — "Posting the dragoons
under Captain Burgwin about two hundred and sixty
yards from the western flank of the church, I ordered
the mounted men under Captains St. Vrain and Slack
to a position on the opposite side of the town, whence
they could discover and intercept any fugitives who
might attempt to escape toward the mountains or in
the direction of San Fernando. The residue of the
troops took ground about three hundred yards from the
north wall. Here, too, Lieutenant Dyer established
himself with the six-pounder and two howitzers, while
Lieutenant Hassendaubel, of Major Clark's battalion,
light artillery, remained with Captain Burgwin, in com-
mand of two howitzers. By this arrangement a cross-
fire was obtained, sweeping the front and eastern flank
of the church. All these arrangements being made, the
batteries opened upon the town at nine o'clock a. m.
At eleven o'clock, finding it impossible to breach the
walls of the church with the six-pounders and the
howitzers, I determined to storm the building. At a
signal Captain Burgwin, at the head of his own com-
pany and that of Captain McMillin, charged the
western flank of the church, while Captain Angney, in-

MILITARY OCCUPATION OP NEW MEXICO. 131

fantry battalion, and Captain Barber and Lieutenant
Boon, Second Missouri Mounted Volunteers, charged
the northern wall. As soon as the troops above men-
tioned had established themselves under the western
wall of the church, axes were used in the attempt to
breach it, and a temporary ladder having been made,
the roof was fired. About this time Captain Burgwin,
at the head of a small party, left the cover afforded by
the flank of the church, and, penetrating into the corral
in front of that building, endeavored to force the door.
In this exposed situation Captain Burgwin received a
severe wound, which deprived me of his valuable serv-
ices, and of. which he died on the 7th instant. Lieu-
tenants Mcllvane, First United States Dragoons, and
Royall and Lachland, Second Regiment Volunteers,
accompanied Captain Burgwin into the corral, but the
attempt on the church door proved fruitless, and they
were compelled to retire behind the wall. In the mean-
time small holes had been cut in the western wall, and
shells were thrown in by hand, doing good execution.
The six-pounder was now brought around by Lieutenant
Wilson, who, at a distance of two hundred yards
poured a heavy fire of grape into the town. The enemy,
during all this time, kept up a destructive fire upon our
troops. About half-past three o'clock the six-pounder
was run up within sixty yards of the church, and after
ten rounds, one of the holes which had been cut with
the axes was widened into a practicable breach. The
storming party, among whom were Lieutenant Dyer,
of the ordnance, and Lieutenants Wilson and Taylor,
First Dragoons, entered and took possession of the
church without opposition. The interior was filled with
dense smoke, but for which circumstance our storming

132 THE MILITARY OCCUPATION

party would have suffered great loss. A few of the
enemy were seen in the gallery, where an open door
admitted the air, but they retired without firing a gun.
The troops left to support the battery on the north side
were now ordered to charge on that side."

"The enemy then abandoned the western part of
the town. Many took refuge in the large houses on the
east, while others endeavored to escape to the moun-
tains. These latter were pursued by the mounted men
under Captains Slack and St. Vrain, who killed fifty-
one of them, only two or three men escaping. It was now
night, and our troops were quietly quartered in the
house which the enemy had abandoned. On the next
morning the enemy sued fof peace, and, thinking the
severe loss they had sustained would prove a salutary
lesson, I granted their supplication on the condition
that they should deliver up to me Tomas, one of their
principal men, who had instigated and been actively
engaged in the murder of Governor Bent and others.
The number of the enemy at the battle of Pueblo de
Taos was between six and seven hundred, and of these
one hundred and fifty were killed, wounded not known.
Our own loss was seven killed and forty-five wounded ;
many of the wounded have since died."

In this battle fell Captain Burgwin, than whom a
braver soldier or better man never poured out his blood
in the cause of his country. The total loss of the in
surgents in the three engagements was two hundred
and eighty-two. The American loss was fifteen killed
and forty-seven wounded.41

41Hughes* Doniphan's Expedition and official report of
Col. Price. The killed were Captain Burgwin, Lieutenant
Van Valkenburg; sergeants Caldwell, Rose and Heart; pri-
vates Graham, Smith, Papin, Bower, Brooks, Levicy, Han-
suker, Truax, Austin and Beebe.

OF THE TERRITORY OF NEW MEXICO. 133

After the battle the leading spirits in the insurrec
tion were captured and placed in prison awaiting trial,
but a dragoon, named Fitzgerald, shot Tomasito, killing
him instantly. On the 6th, Montoya, who had styled
himself the "Santa Ana of the North," was tried by
court-martial and sentenced to be hung, which was
done in the presence of the army, along with fourteen
others.42

The home of Fr. Antonio Jose Martinez was gen-
erally regarded as the headquarters for the insurrec-
tionists prior to the uprising and until after the assassi-
nation of Governor Bent. His power over his parish-
ioners was absolute and his hatred of Americans and
American institutions was recognized by all. This fact
was regarded by such men as Governor Bent, Colonel
St. Vrain and Col. Kit Carson43 as ample proof of his
complicity in the revolution. His brother, Captain Pas-
cual Martinez, had been in command of a company of
soldiers under Governor Armijo, prior to the coming
of General Kearny, and there are persons still living
who are authority for the statement that he actively
participated in the uprising at the instigation of his
brother, the priest.

Governor Bent was a native of Virginia, having
been born in Charleston, in 1797. His father was of
English ancestry; his mother was part French. He
was a very highly educated man and graduated from

42The court-martial consisted 'Of six officers — Captains
Angney, Barbee and Slack; Lieutenants Ingalls, White and
Eastin, the last named being Judge-Advocate of the Court.

43Col. Carson was not in this battle, although his home
was in Taos; at the time he was in California with Kearny,
having been a scout under him in his march from the Gila
river to San Diego, California.

134 MILITARY OCCUPATION OF NEW MEXICO.

the United States Military Academy at West Point.
He resigned from the army and engaged in mercantile
pursuits at St. Louis, Missouri. In 1829 he left for the
Far West over the Santa F6 Trail, looking for a loca-
tion for the establishment of business. For some time
he was with his brother at Bent's Fort, on the Arkan-
sas, and, in 1832, came to Santa F£, where, with his
brothers, William and George, he established a general
merchandising business. He was afterwards a busi-
ness partner with Colonel Ceran St. Vrain, which con-
tinued until the death of Governor Bent.

Governor Bent married Maria Ignacia Jaramillo,
a daughter of Don Francisco and Apolonia (Vigil)
Jaramillo, who died in Taos, April 13, 1883. Mrs.
Bent's sister, Josefa Jaramillo, was the wife of Chris-
topher— Kit — Carson. His headless remains are buried
in the National cemetery at Santa Fe\

Fr. Antonio Jose Martinez, who was regarded by
many as one of the chief authors of the revolution, was
one of the most remarkable men ever identified with
the history of New Mexico. He was born in the county
of Kio Arriba, in 1793, and was a grandson of General
Martinez, who came from Chihuahua in the early part
of the seventeenth century. His opposition to Ameri-
cans and their institutions was made manifest in many
ways. He realized that the coming of the American
was a death blow to his power and prestige in the
country and he is said to have used all his power to
incite a sentiment of suspicion and distrust of the
American people. He was acknowledged to be one of
the most brilliant men of his time in New Mexico.
No one, except those who were actually engaged as
principals in the insurrection, knew positively just

136 MILITARY OCCUPATION OF NEW MEXICO.

what part Fr. Martinez took in the uprising. He was
a very crafty man and the American authorities never
could affirmatively fix upon him any active participa-
tion, although in later years there were many native
citizens, who had been identified with the movement,
who did not hesitate to declare that they had been
guided by his counsel and advice. He died at Taos,
July 27, 1867, and is buried in the cemetery at that
place.

BATTLE AT MORA.

Immediately after the killing of Governor Bent,
news of the fact was brought to Captain Hendley, who
was in command of a grazing detachment of the army
on the Pecos river. He learned that the insurgent
forces were gathering near Las Vegas. In a short time
he was joined by various detachments of the army and
marched on the City of the Meadows, which he at once
occupied.

Leaving the greater part of his force at Las Vegas,
with eighty men, Captain Hendley started for Mora,
where he learned that the insurgents had gathered
a force of two hundred men. He arrived at Mora on
the 24th. A general engagement ensued, the insurgents
retreating and firing from windows in the houses of
the village. A large body of insurgents had taken
possession of an old fort and commenced to fire upon
the Americans. Hendley charged the fort and was in
possession of a small apartment, and was making
ready to fire it, when he was struck by a ball from an
adjoining room and died immediately. The Americans,
having no artillery, retired with a loss of one killed
and three wounded. The insurgent loss was twenty-
five killed and seventeen taken prisoners.

138 THE MILITARY OCCUPATION

On the first of February, the death of Hendley as
well as that of Messrs. Waldo, Noyes, Culver and
others was avenged by Captain Morin and his men by
the complete demolition of the village of Mora. The
insurgents fled to the mountains.

The battles of Canada, Embudo, Taos and Mora,
in all of which the insurgents were defeated with heavy
loss, suppressed the insurrection and once more quiet,
law and order were restored. A military force was
left at Taos by Colonel Price under command of Cap-
tain Angney. Price returned to Santa F£, where he
continued to discharge the civil and military functions
of the territory. The energy and ability displayed by
Colonel Price in the suppression of this rebellion were
most commendable; in two weeks all was over; the
leaders were executed after trial on a charge of trea-
son; the insurgent armies dispersed; the people re-
turned from the hills to their homes, their daily avoca-
tions were resumed and peace and harmony were at
once restored, to the great satisfaction of the masses
of the people. The plans that had been laid for the
uprising were far more extensive than anyone had
believed possible. They covered the entire territory
from Taos to El Paso, and were known even to the
City of Mexico, for, in a letter to General Santa Ana,
from that city, dated nearly three months after the
killing of Governor Bent, the General is advised that
"Intelligence has been received from New Mexico of
certain Sicilian vespers which the inhabitants have
enacted upon the Yankees there. Being no longer dis-
posed to submit to the extortions exacted, they fell

OF THE TERRITORY OP NEW MEXICO. 139

upon them simultaneously, and had killed even to the
general, who was there with the Yankees.44

At a term of court held by Judge Houghton at
Santa F6 immediately following the return of Colonel
Price from Taos, several indictments for treason were
presented. The accused men were mostly residents of
Taos county. Prior to the conflict which resulted in
the killing of Governor Bent, a circular letter had been
sent out, dated January 20, 1847, by Jesus Tafolla, and
countersigned by Antonio Maria Trujillo, addressed to
the several native military commanders, which urged
them to rebellion in the following words:

"To the Defenders of Their Country: With the
end to shake off the yoke bound on us by a foreign
government, and as you are Military Inspector Gen-
eral appointed by the Legitimate Commander for the
Supreme Government of Mexico, which we proclaim in
favor of : The moment you receive this communication,
you will place in readiness all the companies under
your command, keeping them ready for the 22d day of
this month, so that the forces may be, on the day men-
tioned, at that point. Take the precaution to observe
if the forces of the enemy advance any toward these
points, and if it should so happen, appoint a courier
and despatch him immediately, so that exertions may
be doubled, understanding that there must not be re-
sistance or delay in giving the answer to the bearer
of this official document."

These dispatches were accompanied by orders read-
ing as follows: "By the order of the Inspector of
Arms, Don Antonio Maria Trujillo, I herewith send

"Letters of J. P. De Mora to Gen. Santa Ana— Ex. Doc.
No. 60, page 1088.

140 THE MILITARY OCCUPATION

you this dispatch (or order) that the moment this
comes to hand you will raise all the forces, together
with all the inhabitants that are able to bear arms,
connecting them also with persons in San Juan de Los
Caballeros, by to-morrow, counting from the 22d day
of the present month, and not later than eight o'clock
in the morning.

"We have declared war with the American and it
is now time that we shall all take our arms in our
hands in defense of our abandoned country.

"You are held responsible for the execution of the
above order.

"JUAN ANTONIO GARCIA,

"Sor. So. Dn. Pedro Vigil."

The indictment against Trujillo, drawn by Hon.
Frank P. Blair, Jr., United States Attorney, appointed
by General Kearny, reads as follows:45

"UNITED STATES OF AMERICA,

' ss.

"In the United States District Court, at the March

Term, 1847.

"The Grand Jurors for the district of New Mexico,
on the part of the United States of America, on their
oaths, present that Antonio Maria Trujillo, of the
County of Taos, in the Territory of New Mexico, being
a citizen of the United States of America, but disre-
garding the duty of his allegiance to the government of
the United States aforesaid, and wholly withdrawing
the allegiance, duty and obedience which every true
and faithful citizen of the said government and of
right ought to bear toward the said government of the

^Records in office District Court, Santa Fe, N. M.

OP THE TERRITORY OF NEW MEXICO. 141

United States, on the 20th day of January, in the
year 1847, and on divers other days, as well before as
after, with force and arms, at the county aforesaid
and territory aforesaid, together with divers other false
traitors, to the jurors, aforesaid, unknown, did, then
and there, maliciously, wickedly and traitorously levy
war against the government of the United States of
America, and did then and there maliciously and
traitorously endeavor and attempt to subvert the laws
and constitution of the government, to the evil example
of all others in like cases offending, and against the
peace and dignity of the government of the United
States * * *.n

Trujillo was tried before Judge Hough ton and
promptly found guilty. The sentence imposed by the
court is worthy of a place in this connection, as it is the
only sentence of the kind passed by any court in the
history of New Mexico. The record at Santa F6 shows
the sentence to have been in the following words:46

"Antonio Maria Trujillo: — A jury of twelve citi-
zens, after a patient and careful investigation, pending
which all the safeguards of the law, managed by able
and indefatigable counsel, have been afforded you, have
found you guilty of the high crime of treason. What
have you to say why the sentence of death should not
be pronounced against you?

"Your age and gray hairs have excited the sym-
pathy of both the court and the jury. Yet, while each
and all were not only willing but anxious that you
should have every advantage placed at your disposal
that their highly responsible duty under the laws to

^Court records, Santa F6 District Court, date March 16,

1847.

142 M1L1TAUY OCCUPATION OP NEW MEXICO.

their country would permit, you have been found
guilty of the crime alleged to your charge. It would
appear that old age has not brought you wisdom, nor
purity, nor honesty of heart. While holding out the
hand of friendship to those whom circumstances have
brought to rule over you, you have nourished bitterness
and hatred in your heart. You have been found second-
ing the acts of a band of the most traitorous murderers
that ever blackened with the recital of their deeds the
annals of history. Not content with the peace and
security in which you have lived under the present
government, secure in all your personal rights as a
citizen, in property, in person, and in your religion,
you gave your name and influence to measures intended
to effect universal murder and pillage, the overthrow
of the government and one widespread scene of blood-
shed in the land. For such foul crimes an enlightened
and liberal jury have been compelled, from the evi-
dence brought before them, and by a sense of their
stern but unmistakable duty, to find you guilty of
treason against the government under which you are a
citizen. And there only now remains to the court the
painful duty of passing upon you the sentence of the
law, which is that you be taken from hence to prison,
there to remain until Friday, the 16th day of April
next, and that, at two o'clock in the afternoon of that
day, you be taken thence to the place of execution, and
there be hanged by the neck till you are dead! dead!
dead ! And may the Almighty God have mercy on your
soul !"

This trial and its outcome were made the subject-
matter of a resolution passed by the congress of the
United States calling upon President Polk to advise

144 THE MILITARY OCCUPATION

congress whether any persons had been tried and con-
demned for "treason against the United States in that
part of Xew Mexico lying east of the Rio Grande since
the same has been in the occupancy of our army" and,
if so, before "what tribunal," and "by what authority
of law such tribunal was established."

In response to this request, President Polk said:
47"It appears that after the territory in question was
'in the\)ccupancy of our Army' some of the conquered
Mexican inhabitants, who had at first submitted to
our authority, broke out in open insurrection, murder-
ing our soldiers and citizens and committing other
atrocious crimes. Some of the principal offenders who
were apprehended were tried and condemned by a
tribunal invested with civil and criminal jurisdiction,
which had been established in the conquered country
by the military officer in command. That the offenders
deserved the punishment inflicted upon them there is
no reason to doubt, and the error in the proceedings
against them consisted in designating and describing
their crimes as 'treason against the United States.'
This error was pointed out, and its recurrence thereby
prevented, by the Secretary of War, in a dispatch to
the officer in command in New Mexico, dated on the
26th day of June, 1847."

There is doubt as to the authority to try and con-
demn Trujillo for "treasonable" acts. The error con-
sisted in the manner in which it was done. In the
prosecution of the war with Mexico, the United States
had the right, by conquest and military occupation,
to exercise rights of sovereignty orer it. The sov-
ereignty of Mexico was suspended and the laws of

47Message of President Polk, July 24, 1848.

OF THE TERRITORY OP NEW MEXICO. 145

Mexico could not be rightfully enforced over the con-
quered territory or be obligatory over its inhabitants,
who remained and submitted to the authority of our
government. By the surrender the inhabitants at
least passed under a temporary allegiance and were
bound by such laws and such laws only as the United
States saw fit to recognize and impose. From the
nature of the case no other laws could be obligatory
upon them, for where there is no allegiance or pro-
tection or sovereignty there can be no claim to
obedience.48

The only affairs occurring during the year 1847, in
which the military took an important part, were those
at Bed River Canon, about 180 miles from Santa F6,
where Major Edmonson, with a detachment of two
hundred men, wras vigorously attacked by a large force
of Indians, estimated to have been about five hundred
in number. In the engagement the American loss was
one killed and several wounded.

In the month of June, Lieutenant Brown and two
private soldiers were killed near Las Vegas and the
bodies of the enlisted men burned. Major Edmonson
determined to punish the men who committed these
murders and marched upon the town with a small
force of cavalry, leaving the infantry and artillery to
follow. On reaching the Gallinas, he divided his force
into two parties, under command of Captains Hollo-
way and Horine, and charged the place on the right
and left of the plaza. In less than fifteen minutes
many Mexicans were slain, the fugitives captured and
the town with fifty prisoners taken. The dead body
of Lieutenant Brown, having the cross suspended from

'Debates in Congress, 1848.

146 THE MILITARY OCCUPATION

his neck, was found secreted in "the rocks west of the
pla^a. The clothes, guns, sabres, pistols and bowie
knives of the murdered soldiers were discovered se-
creted in various houses. The greater portion of the
town was reduced to ashes, only a sufficient number
of houses being left to shelter the women and children.
The mills, a few miles from the town, which belonged
to the alcalde, Juan de Dios Maes, were also destroyed.
The prisoners, by order of Colonel Price, were con-
veyed to Santa F£, where they were tried before a
court martial and six of them sentenced to death.
This sentence was carried out on the 3rd day of August
in the presence of the army.

On July 9th a detachment of thirty-one men, be-
longing to Captain Morin's company, stationed about
18 miles from Taos, was furiously attacked two hours
before daylight by two hundred Mexicans and Pueblo
Indians. Five Americans were killed and nine
wounded.49. The loss of the enemy was never ascer-
tained.

As before stated, the government established bV
General Kearny, had the instructions given to him by
the Secretary of War been carried out, should have
been of a character purely military, with the right to
perform only such civil duties as were necessary to
the full enjoyment of the advantages resulting from
the conquest and to the due protection of the rights
of all persons and the property of the people.50

In the latter part of 1847 it became very patent
to all that the jurisdiction of the courts established by

49The killed were Lieut. Larkin, W. Owens, J. A. Wright,
W. S'. Mason and Wilkinson. -

^Letter to General Kearny from W. L. Marcy, Sec. of
War — Ex. Doc. No. 60, page 179.

OF THE TERRITORY OP NEW MEXICO. 147

Kearny was very limited, particularly when any con-
flict arose between the civil and military authorities.
The citizens of the territory were not aware of the
position of the administration at Washington relative
to the rights of the United States over the territory
and its people.

As late as October 20, 1847, nearly a year after
the message of President Polk to the congress of the
United States, in which he approved only a part of the
official acts of General Kearny, as declared in his
proclamation, in the giving of the code of laws and
the making of civil appointments, a periodical pub-
lished at Santa F6 at that time, in a long editorial
upon the existing state of affairs, says:51 "Kecently
the American citizens here have seen the powers prop-
erly falling under the jurisdiction of the civil tribunals
arrogated by the military, bringing the former into
contempt and disrepute, and that there is in effect
only the form of a civil government in the territory,
and that for all practical purposes it is paralyzed and
ineffectual. This being the state of things, the will
of the commanding officer is the law. The citizens
here are not aware that the laws framed and estab-
lished by General Kearny and confirmed by the presi-
dent have been revoked. They wish to know whether
the organic laws of General Kearny are still in full
force, or whether they have been revoked. They wish
to know whether this has been done by the order of
the President or not. Why call together a legislative
body, if its acts may be annulled and made void by the
will or caprice of a commanding officer? Why frame
laws, if the order of a commanding officer is para-

MEditorial, Santa Fe Republican, Oct. 20, 1847.

148 THE MILITARY OCCUPATION

mount? Why have judges and courts if they can only
act at the pleasure of the military authorities?"

A grand jury,52 duly sworn and empaneled by
Judge Houghton, the presiding judge of the court
sitting at Santa ~F6, in its report of matters before it
during the October Term, 1847, very pertinently says:
"They have found the honorable court which they now
address has virtually acknowledged the existence of
a superior authority by refusing to issue a writ of
habeas corpus in behalf of a citizen. They have also
found that the settlement of civil contracts has been
arrogated by another authority than the regularly ap-
pointed civil courts; that the military commander has
been the self-constituted judge and jury of a case
which concerned his own private interests. They rec-
ommend that the civil authorities request from the
military that, when a citizen is arrested for any offense
against the existing statutes of the territory, he be
handed over for trial to them."

This grand jury report is significant. No copy of
it is found in the court records, but the newspaper, in
which it was published, is on file in the records of the
Historical Society of New Mexico. The conclusion is
inevitable that in the disposition of matters involving
violations of the criminal code, Judge Houghton had
very little to say, particularly if the commanding offi-
cer thought best to exercise his authority. The learned
judge was not a member of the legal profession when
Kearny clothed him with the judicial ermine, neither
was Otero or Beaubien, but it does not require a law-
yer to ascertain that Judge Houghton's stock of good

52Report of Grand Jury—Santa Fe Republican, Oct. 20,
1847.

OF THE TERRITORY OF NEW MEXICO. 149

common sense was great enough to cause a denial of a
writ of habeas corpus rather than have a clash with
the commanding officer, who, at that time, happened
to be General Sterling Price. The judge, not learned
in the law, evidently desired to continue dealing out
justice, even though his jurisdiction was somewhat
warped and hazy. The covert sarcasm of the word
"request," as used by the grand jury in its report,
shows beyond all question that, even with the so-called
courts and other officials created by Kearny endeavor-
ing to exercise their official functions, the real and
supreme authority was the commanding general of the
department. Judge Houghton evidently had some of
the characteristics of a Solomon in declining to have
a serious clash with an American General, who, when
occasion required, saw fit to constitute himself a
"judge and jury of a case which concerned his own pri-
vate interests."

LEGISLATURE AT THE TIME OF MILITARY OCCUPATION.

On the 6th day of December, 1847, a so-called
Legislative Assembly, under the military government,
convened at Santa Fe. Donaciano Vigil had been named
governor, after the death of Bent. Governor Vigil was
a native New Mexican and was born September 6, 1802.
He had occupied a number of public positions, both
civil and military, and enjoyed the confidence of the
people. He had been active in expeditions against the
Navajos in 1823, 1833, 1836 and in 1838. For more
than four years he was the military secretary of the
governor and was twice a member of the Departmental
Assembly, and was an official of great experience.

The address of Governor Vigil to the first legis-
lative assembly forcibly demonstrates him to have been

150 THE MILITARY OCCUPATION

a man of marked ability. He had been accustomed to
methods and a system of government radically dif-
ferent from those of the great republic whose protec-
tion he was then enjoying and to which, when Kearny
came, he had been among the first to render allegiance.
He must have been well informed as to our institu-
tions, or else in one short year he absorbed more than
many of his people have succeeded in attaining in the
many years that have elapsed since that memorable
occasion. His ideas of public education and the men-
tal emancipation of his people are well worth consid-
ering even to-day. On this subject Governor Vigil
said: "If your government here is to be republican,
if it is to be based upon democratic-republican prin-
ciples, and if the will of the majority is to be one day
the law of the land and the government of the people,
it is evident, for this will to be properly exercised, the
people must be enlightened and instructed. And it is
particularly important in a country, where the right
of suffrage is accorded and secured to all, that all
should be instructed and that every man should be
able to read to inform himself of the passing events
of the day and of the matters interesting to his country
and government. This is the age of improvement, both
in government and society, and it more particularly
becomes us, when commencing, as it were, a new order
of things, to profit by and promote such improvements,
and they can only be encouraged and promoted by dif-
fusing knowledge and instruction among the people.
The diffusion of knowledge breaks down antiquated
prejudices and distinctions, introduces the people of
all countries to a more intimate and attached acquaint-

OF THE TERRITORY OF NEW MEXICO. 151

ance, and is calculated to cultivate these sympathies
among the masses in all nations which induce compari-
son and insure improvement. The world at large is
advancing, and how can we profit by the advance unless
the people are educated? It is true that the available
means which could be applied at present to the cause
of education are small, but for the promotion of so
desirable an object they might be both increased and
economized. All that the legislature can do in the
cause of education for the people is most earnestly
pressed upon them and will meet with my hearty ap-
proval and co-operation."

This first session of a legislative assembly ever
held in New Mexico under American control was or-
ganized by the election of Don Antonio Sandoval as
Speaker of the Legislative Council and Captain W. Z.
Angney as Speaker of the House of Kepresentatives.
Ten acts were passed, among which were acts estab-
lishing a University and raising funds for its support;
an act in relation to replevin; one regulating eject-
ments, and one calling for a convention of delegates to
meet in the City of Santa Fe', in the month of Febru-
ary, 1848. These laws all bear the approval of Gover-
nor Vigil, and were also approved by the Military Com-
mander, General Price, by special orders, as follows:53

"Headquarters, 9th Military Department,

"Santa Fd, N. M., February 5, 1848.
"The foregoing Legislative enactments of the Ter-
ritory of New Mexico, having been duly reviewed by

53Pamphlet of Laws, Sess. 1847, in library of Frank
Springer, Esq., Las Vegas, N. M.

152 THE MILITARY OCCUPATION

the Commanding General of the Territory, they are
hereby approved, and will be duly observed.

"By order of the Brigadier General,

"STERLING PRICE."
"W. E. PRINCE,

"A. D. C. & A. A. A. Gen."

On the same day, the Commanding General, hav-
ing become convinced that a Territorial Secretary, a
United States District Attorney and a United States
Marshal were unnecessary in the carrying on of the
government, and without requesting the resignation of
either of the officials named by General Kearny, abol-
ished the offices by Special Order. By the same order
he also decreed that an import duty of six per centum,
ad valorem, should be levied upon all merchandise in-
troduced into the Territory, and named the Territorial
Treasurer as Collector of Customs on such imports,
establishing sub-collectorships at the town of Taos,
the town of San Miguel and the town of Valencia.

Licensed gambling houses were established by Gen-
eral Price, by the same general order, the license being
fixed at two thousand dollars per annum.54

Thus it will be seen that the government of New
Mexico was essentially military in character and that
everything in the way of law and order was strictly
within the control of the commanding officer of the
Military Department. This condition continued for
two years after the signing of the treaty of Guadalupe
Hidalgo. The commanders of the department succeed-
ing General Price, who left New Mexico in the summer

"Orders No. 10, Gen. Price, commanding 9th Military De-
partment. War Rec. Washington, D. C. Reports of General
Sterling Price.

OF THE TERRITORY OF NEW MEXICO. 153

of 1848, were Colonel Newby, Major Beall, Major Wash-
ington and Colonel John Munroe.

In the month of February, 1848, General Price
published an address to the members of the convention
which was to be held in Santa F6 in the following Oc-
tober, and which was provided for by the second Act
passed by the general assembly of 1847. In that ad-
dress General Price said: "You can now secure the
protection of a government which imposes no bonds
upon the conscience, which will protect you in the un-
molested enjoyment of your personal, political and re-
ligious rights, under the regulation of equal laws. In
short, you have it in your power to secure for New
Mexico all the rights and privileges of citizens under
the freest government in the world. * * * And I
express the hope that, in view of your serious and im-
portant duties, the deliberations of the convention will
be conducted with the strictest propriety and decorum ;
and though the right freely and properly to express
opinions should not be restricted, yet I desire all
clearly to understand that seditious and indecorous
language against the constituted military or civil au-
thorities, calculated to inflame or excite the people
against the government, my desire for the peace and
welfare of the Territory will induce me immediately
to notice. The utterers of such language will be held
responsible and called to a strict account."

The time for the holding of this convention had
been set by the legislative assembly for the month of
February, 1848, but it did not convene until the fol-
lowing October, nearly four months after the signing
of the Treaty of Guadalupe Hidalgo. When this treaty
was executed many claimed that the military authority

154 THE MILITARY OCCUPATION

in New Mexico ceased to exist, but those in authority
at Washington thought differently and claimed that
the civil government established during the war must
remain as a de facto government until the congress
should provide a territorial organization. Meanwhile
the military authorities continued to govern, although
many efforts were made on the part of the new comers
from the states to form a civil government, and secure
recognition at the capital of the nation. These new
settlers belonged to that class of restless Americans
who opposed military rule in times of peace, and im-
mediately they began striving for recognition as a ter-
ritory.

On the 10th of October the convention met and
continued in session for four days. Fr. Antonio Jose
Martinez, of Taos, was chosen president, and James
M. Giddings was made clerk. The convention accom-
plished little more than the drawing up of a memorial
to Congress. The memorial throws considerable light
upon the thought and opinion of the day and it is
therefore reproduced in full. It follows :

"Petition to Congress of the people of New Mexico
by representatives in convention assembled:

"We, the people of New Mexico, respectfully pe-
tition Congress for the speedy organization of a ter-
ritorial 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 Sep-
tember 22, 1846, with some alterations would be ac-
ceptable.

OP THE TERRITORY OF NEW MEXICO. 155

"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 territory 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 ad-
mission into the union of states, we desire to be pro-
tected by Congress against the introduction of slaves
into the territory.

"We desire a local legislature, such as is pre-
scribed by the laws of New Mexico, September 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
provide New Mexico with laws as liberal -as those
enjoyed by any of the territories.

(Signed) Santiago Archuleta,

Antonio J Martinez, James Quinn,

Elias P. West, Manuel A. Otero,

Donaciano Vigil, Gregorio Vigil,

Francisco Sarracino, Kamon Luna,
Juan Perea, Charles Beaubien,

Antonio Sais, Jose Pley.

Santa F£, October 14, 1848."

156 THE MILITARY OCCUPATION

The records of the debates in congress, the mes-
sages of the president of the United States, all show
that there was at this time, at Washington, an almost
endless discussion of the true status of New Mexico.
The petition from the people of the Territory accom-
plished nothing, and, in the course of another year,
a second convention was called, which met in Santa
F£ in September, 1849. This convention adopted a
plan of territorial government and urged its adoption
by congress, and elected Hugh N. Smith as delegate
to congress, but that body refused to admit him to a
seat.

To quote a contemporary wrriter, "About this time
two opposite parties sprang up, one in favor of a state,
and the other of a territorial form of government,
which engendered a great deal of excitement and ill
feeling. Several large public meetings were held by
the respective parties at Santa Fe. The agitation of
a state government originated with the national ad-
ministration. In the spring of 1849 James S. Calhoun
went to NewT 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 government. The matter con
tinued to be discussed without much effect in favor
of the state until the spring of 1850, wThen Col. George
A. McCall arrived from the states upon a mission
like Calhoun's. He informed the people that no ter-
ritorial 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 TERRITORY OF NEW MEXICO. 157

of the boundary of Texas. The delegate in Congress,
Mr. Smith, wrote home to the same effect."55

The President of the United States, Zachary Tay-
lor, was in favor of the immediate admission of Cali-
fornia and New Mexico as states. He advised the peo-
ple of New Mexico to make application, being actuated
by an earnest desire to give to Congress an opportunity
of avoiding occasions of bitter and angry dissensions
among the people of the entire country. In a message
to Congress he asserted that "under the constitution
every state has the right of establishing and, from time
to time, altering, its municipal laws and domestic in-
stitutions, independently of every other state and of
the general government, subject only to the prohibitions
and guaranties expressly set forth in the Constitution."
He maintained that these subjects were left exclusively
to the respective states, and were not designed to
become subjects of national agitation, meaning the
slavery question. That this question had arisen after
the acquisition of all new territory, and that the excite-
ment throughout the land, at former periods, upon this
question, would again obtain, so far as California and
New Mexico were concerned, until they were admitted
as states or organized into territories, and that, under
all the circumstances, he believed it his duty to put the
matter before the congress, so that the admission of
New Mexico and California as states would remove all
occasion for the unnecessary agitation of the public
mind.56

On the subject of the claims made by Texas to a
very large portion of what is now New Mexico, Presi-

55W. H. H. Davis.

B6Message of President Taylor, January 4, 1850.

158 THE MILITARY OCCUPATION

dent Taylor was of the opinion that if the people of
New Mexico had formed a plan of a state government,
as ceded under the treaty of Guadalupe Hidalgo, and
had been admitted as a state, the courts of the United
States would have had jurisdiction in the matter of
determining the boundaries, but inasmuch as New
Mexico had not been admitted, it was the duty of Con-
gress to devise some method for the adjustment of the
boundary question. He did not express an opinion
upon, but submitted to congress, the question whether
it would be most expedient before such adjustment to
establish a territorial form of government for New
Mexico, which, by including the district claimed by
Texas, would practically decide the claims of that state
adversely to her, or, by excluding the district, would
decide in her favor. President Taylor believed that
such a course would not be expedient, for the reason
that New Mexico was at the time enjoying the benefit
and protection of the laws and had a large military
force stationed at various points which were a protec-
tion against the Indians. He could not see that any
material difference would result to New Mexico for the
want of a government established by congress for only
a brief period, his reason being based upon the opinion
that New Mexico would shortly apply for admission
into the Union as a state. During all the period of
American occupation, up to the time when the question
of the west boundary of the state of Texas was deter-
mined, the military authorities at Santa F6 paid no
attention whatever to the claims of Texas and would
not recognize the attempt on the part of that state to
extend the jurisdiction of the courts of Texas over the
disputed territory. The State of Texas, in 1850, sent

OF THE TERRITORY OP NEW MEXICO. 159

a special commissioner to Santa Fe', with full power
and instructions to extend the civil jurisdiction of the
State over what the Texas legislature had seen fit to
designate as the "unorganized counties of El Paso,
Worth, Presidio and Santa FeV> Upon arrival at Santa
F£, the Texan commissioner met with opposition to his
purpose by the military authorities. The four counties
named covered all of the territory east of the Rio
Grande, which prior to the treaty of Guadalupe Hi-
dalgo, had been regarded by Mexico, and by the people
living within the limits indicated, as an essential and
integral part of the department of New Mexico, and
actually governed and possessed by her people, until
conquered by General Kearny and severed from the
Mexican republic by force of American arms.

President Millard Fillmore declared that these
claims and acts, on the part of the authorities of the
state of Texas, were such as to demand immediate at-
tention on the part of all branches of the general gov-
ernment and feared that a crisis might ensue, which
would necessitate the summoning of the two houses of
congress, and compel, also, immediate action on the
part of the executive branch of the government.

The governor of the state of Texas was notified by
the president that New Mexico was a Territory of the
United States, with the same extent and the same
boundaries which belonged to it while in the actual
possession of the Republic of Mexico, before the treaty
of Guadalupe Hidalgo. The president defined his posi-
tion in the following language:57 "The executive gov-
ernment of the United States has no power or authority
to determine what was the true line of boundary be-

TMessage of President Taylor.

160 THE MILITARY OCCUPATION

tween Mexico and the United States before the Treaty
of Guadalupe Hidalgo, nor has it any such power now,
since the question has become a question between the
State of Texas and the United States. So far as this
boundary is doubtful, that doubt can only be removed
by some act of congress, to which the assent of the
State of Texas may be necessary, or by some appro-
priate mode of legal adjudication; but, in the mean-
time, if disturbances or collisions arise or should
be threatened, it is absolutely incumbent on the
executive government, however painful the duty, to
take care that the laws be faithfully maintained; and
he can regard only the actual state of things as it ex-
isted at the date of the treaty, and is bound to protect
all the inhabitants, who were then established and who
now remain, north and east of the line of demarcation,
in the full enjoyment of their liberty and property,
according to the provisions of the ninth article of the
treaty. In other words, all must be now regarded as
New Mexico which was possessed and occupied as New
Mexico, by citizens of Mexico, at the date of the treaty,
until a definite line of boundary shall be established by
competent authority."

The importance of immediate action by the con-
gress of the United States, in the settlement of this
boundary question, was most apparent. All considera-
tions of justice, general expediency and domestic tran-
quility demanded it. It was seen that no government
could be established for New Mexico, either state or ter-
ritorial, until it was ascertained just what New Mexico
was, and what were her rightful limits and boundaries,
and the president recommended to congress that the
general government "would be justified in allowing an

OF1 THE TERRITORY OF NEW MEXICO. 161

indemnity to Texas not unreasonable or extravagant,
but fair and liberal, and awarded in a just spirit of
accommodation."

On the 9th day of September, 1850, the congress of
the United States passed an act entitled "An Act pro-
posing to the State of Texas the establishment of her
northern and western boundaries, the relinquishment
by the said state of all territory claimed by her exterior
to said boundaries, and of all her' claims upon the
United States, and to establish a Territorial Govern-
ment for New Mexico."

On the 25th day of November following, the State
of Texas agreed to and accepted the propositions con
tained in this act, and, from common sources of public
information, a very remarkable degree of unanimity
prevailed, not only in the legislature, but among the
people of Texas, in respect to the happy solution of the
difficulties which had confronted the nation.

The difficulties felt and the dangers apprehended
from the vast acquisition of territory under the treaty
with Mexico were overcome by the wisdom of congress
in the passage of the act of September 9, 1850.

There were many rival politicians in New Mexico
during this period, some of them of more than ordi-
nary ability, the more prominent being Hugh N. Smith,
William Z. Angney, Richard Hanson Weightman, Ceran
St. Vrain, W. S. Messervy, Joab Houghton, Henry Con-
nelly, Manuel Alvarez and James H. Quinn. These
politicians were in constant warfare. Senator Thomas
H. Benton was an ardent supporter of the civil gov-
ernment for New Mexico, as against the military
regime, and he counseled the New Mexicans "to meet
in convention, provide cheap and simple government

162 THE MILITARY OCCUPATION

and take care of yourselves until' Congress can provide
for you." The people who had come from the states
of the Union did not take kindly to the rule of a mili-
tary commander in time of peace. To them a govern-
ment of this sort was intolerable, and the only ques-
tion for determination for them was the securing of a
strictly civil form of government at the earliest pos-
sible moment. The situation was aggravated by the
apparent subserviency of the so-called judicial branch
of the government to the orders, will, whims and ca-
prices of the military commander and his subordinates.

The state movement was set on foot by sixteen
civilians, citizens of the United States, some Demo-
crats and some Whigs, some natives of southern and
some of northern states. The address prepared by them
appeared in the columns of a Santa Fe newspaper58
and was replied to by a counter address in the columns
of the same paper, signed by sixty-two other civilians,
among whom were included all the judges of the cir-
cuit courts, the prefects, the sheriffs, the alcaldes and,
in fact, the great body of the officers of the civil gov-
ernment Q£ the military commander, all of whom held
their offices at his absolute will and pleasure.59

The state movement was by them denounced as a
factious movement and the movers as the "Alvarez fac-
tion." As the movement progressed it was discovered
that the military commander had a decided leaning
toward the territorial party; indeed his acts were de-
cidedly partizan and against the state party.

The state party triumphed in the election, and this
was accomplished despite the partisan acts of the mili-

5SNew Mexican, December S, 1849.

•^Letter of R. H. Weightman, October 7, 1850— Cong. Globe,
32d Cong., 1st Sess., page 324.

OF THE TERRITORY OF NEW MEXICO. 163

tary commander, despite the almost unanimous opposi-
tion of the judges, prefects, alcaldes and others, who
held their offices at the will and pleasure of the mili-
tary commander and despite the vote of the employes
of the quartermaster's department.

The Legislative Assembly, which convened after
this election was held, memorialized the congress of
the United States, giving expression to sentiments of
no uncertain kind, and are reproduced as showing the
feeling of the majority of the people of New Mexico
at that time. This memorial is as follows:

"The inhabitants of New Mexico, since February
2, 1848, have groaned under a harsh law, forced upon
them in time of war, when they were thought unde-
serving of confidence.

"The military is independent of and superior to
the civil power.

"The inhabitants have no voice or influence in
making the laws by which they are governed.

"Some power, other than the Congress of the
United States, has made judges dependent on its will
alone for the tenure of their offices, and the amount
an<J payment of their salaries.

"Some power, other than the Congress of the
United States, has subjected us to a jurisdiction for-
eign to the constitution and unacknowledged by our
laws.

"We are taxed without our consent, and taxes,
when collected, are not applied to the public benefit,
but embezzled by officers irresponsible to the people.

"No public officer in New Mexico is responsible to
the people. Judges, unlearned in the law, decide upon
life, liberty and property. Prefects and alcaldes im-

Ifi4 THE MILITARY OCCUPATION

pose fines and incarcerate without the intervention of
a jury.

"Alcaldes assail the rights of the people freely who
exercise their religion without restriction, and dictate
to congregations what priest shall administer the sac-
raments of the church.

"The full extent of the power to control and in-
jure, which this unrestrained and organized band of
office holders wielded can only be entirely understood
when it is known that the military commander held
to no accountability civil officers charged with assaults
upon the religion of the country and embezzlement of
the public funds.

"The influence of the quartermaster's department
in the elections was by no means an inconsiderable one.
With its army of employes, with its contracts to let.
with its agencies to purchase the entire surplus of the
corn and forage of the country, and with its easy
means of communication by express at government ex-
pense, it proved itself very formidable; and this influ-
ence, with some honorable exceptions, was thrown
against the state party.

"This web of influence, extending to the frontiers
of New Mexico, was, like the other, organized, and,
like it, also easily managed from the center; and the
managers of both Avebs were acting in concert, and, as
has already been told, against the state party.

"At this time there was available only one print-
ing press in the entire country, and it belonged to the
government. This press was sold and fell into the
hands of the territorial party. It was used solely for
the advancement of the interests of that faction, and,
being owned by an army sutler and contractor, and

OF THE TERRITORY OP NEW MEXICO. 16o

edited by Judge Houghton and the chief clerk of the
quartermaster, all communications of the State party
were excluded from the columns of the paper. That
party could not secure the printing of its ballots, and
upwards of twenty thousand tickets, issued by the
State party, were written out by hand.

"With the press against the state party, the office
holders against it and the moneyed interests of the
government against it, it cannot be said that the state
movement was born of or grew to manhood by Execu-
tive influence. It appears clearly that the voice of the
people, as expressed by their ballots, made itself heard
under very difficult circumstances.60

Many charges were preferred, by men of conse-
quence, against the so-called civil government. These
charges were filed with the commanding general, Mun-
roe, but he paid small attention to them; in fact,
ignored them. The controversies between individuals
were of the most dangerous sort ; the language used in
the trial of cases, directed to the court, was of a most
vituperative character. Chief Justice Houghton seems
to have been the unfortunate individual against whom
was hurled charges, which, if they were true, ought to
have subjected him to trial for almost every crime
known to the law.

In December, 1849, Richard Hanson Weightman,
an attorney practicing in Judge Houghton's court, and
the successful candidate for delegate to congress in the
election of 1851, filed with the commanding officer the
following statement, which is a most interesting docu-
ment:

^Letter of R. H. Weightman— 3 2d Cong., 1st Sess., page
325.

106 THE MILITARY OCCUPATION

"Influenced, sir, by duty and inclination, I lay
before you charges of a most serious nature against
the highest judicial officer in this Territory — Judge
Joab Houghton; charges so serious that, if true, it is
an act of mere justice to tlie community that he should
be removed from office.

"In consequence of peculiar, agitating and danger-
ous questions which now exist in the United States,
it has been thought proper; and even patriotic, in Con-
gress, to withhold from us a territorial organization,
which, except for the agitating questions there exist-
ing, we would doubtless long since have obtained.

"As it is, a de facto government obtains here of a
most anomalous character, having no parallel in our
history, opposed to the spirit and genius of our insti-
tutions and laws, and unrecognized by any competent
authority.

"This government <lc facto was established under
the laws and usages of war; and, upon the conclusion
of the peace, February 2, 1848, having been found in
existence here, to prevent anarchy, continues by the
acquiescence of the authority, whatever it may be.
which is competent to change it.

"Under this government, as it actually exists, the
Governor exercises military, executive and legislative
functions.

"To show that he has exercised legislative func-
tions, I make reference to Order No. 10, dated Febru-
ary 5, 1848, laying duties and taxes, providing for their
collection and for the payment of salaries, creating
offices, etc.61

G1Order No. 10 was made by General Sterling Price.

OP THE TERRITORY OP NEW MEXICO. 167

I presume, however, that no argument is necessary
to prove that the Governor has the power, under this
government, as it actually exists, whether legally or
not, to relieve the community of a corrupt, ignorant
or objectionable judge.

In making charges, it is necessary to be precise,
and to enter into particulars; otherwise, the accused
will have just cause to complain that he is tried on
charges which are undefined, and to which, therefore,
it is not possible to make a defense.

Though by entering into unpleasant, though neces
sary, details, I may, in the eyes of the undiscerning,
appear to want good taste, I shall not refrain from so
doing; preferring rather to deserve this censure than
to subject myself to the charge of concealing from the
accused that which is brought against him.

In the form, then, of charges and specifications,
I accuse Judge Joab Houghton as follows:

Charge 1st. His conduct has been characterized
by breaches of faith of such a nature that the con-
tinuation of him, in so elevated and responsible a
station, can but have the effect of lowering, in the eyes
of the public, the standard of American character.

Specification 1st. It has been substantiated in a
court, to the satisfaction of a jury, that he has re-
ceived, as the agent of Colcord and Hall, a sum of
money exceeding three thousand dollars, and not paid
the same to his principals.

Specification 2nd. He has received money, as the
agent of East and Anderson, for the specific purpose
of paying duties under order No. 10, of date February
5, 1848, and, instead of paying the money into the
hands of the collector, placed therein, in lieu of money,

168 THE MILITARY OCCUPATION

his audited accounts for his salary as judge, which
accounts were received as cash, and, subsequently,
when that part of Order No. 10, paying and collecting
of duties, wras annulled, he withdrew said audited
accounts from the hands of the collector, and replaced
the bonds of East and Anderson, which said bonds
are now in the hands of the collector and the money
of East and Anderson in the hands of Judge Houghton.
Specification 3rd. That on or about the 19th day
of June, 1848, he was engaged in business as a mer-
chant, being a partner in the firm of *E. Leitensdorfer
& Company; that about that date the firm of Leitens-
dorfer & Company introduced into Santa F£ goods,
the original cost of which, including the outfit, was not
less than f 100,000; that subsequently, on or about
the 21st day of September, E. Leitensdorfer and Joab
Houghton dissolved partnership; that, on or about
that date E. Leitensdorfer left Santa F£, appointing
Joab Houghton his agent and attorney for the trans-
action of business; that, on or about the llth day of
December, 1848, E. Leitensdorfer made an assignment
of all his effects, for the benefit of. his creditors; that
the effects assigned amounted to about $40,000 and
the ascertained debts of the firm to more than $116,-
000; that between the dates, June 19th and December
llth, E. Leitensdorfer was, for the greater or a great
part of the time, absent from Santa F£, the place of
the house of business of the firm, and that the deficit
is not accounted for; but nearly all, if not all, of the
goods taken south for sale by the said Leitensdorfer
are accounted for, while the part left in Santa F£,
generally under the charge of said Houghton, is the

OP THE TERRITORY OP NEW MEXICO. 169

part not accounted for; and that this failure is fraudu-
lent and Judge Houghton guilty of the fraud.

Specification 4th. So much of the specifications
under charge 2nd and 3rd as may be applicable to this
charge.

( harge 2nd. His occupying his position on the
bench amounts to a denial of justice in a large class
of cases.

Specification 1st. The case of Campbell vs. Leit-
ensdorfer & Co., involving about $8,000, was brought
by attachment, based upon an affidavit of fraud, on
the 26th day of May, 1849, and was in due course for
trial at the June term of that year, but could not be
tried because the Judge was interested; it could not
be tried at the October term for the same reason, and
cannot be tried for the same reasons, under existing
circumstances, so long as Judge Houghton occupies
his present position.

Specification 2nd. The case of Kelly vs. Leitens-
dorfer & Co., involving about $8,000, based on affi-
davit of fraud, was filed June 30th, 1849, and was for
trial in due course at the last October term, but could
not be tried, and cannot be tried, for the same reason
as above.

Specification 3rd. The case of Welsh vs. Leitens-
dorfer & Co., involving about $8,000, based on affi-
davit of fraud, was filed June 3, 1849, and was for
trial in due course, at the last October term, but could
not, and cannot be tried for the reasons set forth in
Specification 1st, of this charge.

"Specification 4th. There are now, in the hands
of the undersigned, liabilities of the firm of Leitens
dorfer & Company and bills against it for the gross

170 THE MILITARY OCCUPATION

sum of |3,659.70, to recover which six suits will be
necessary; but have not filed suits because he has not
been able to discover property of that firm, the court
having declared that it will adjudicate no point about
which there is a contest.

"Specification 5th. There is now in the hands of
Mr. Biggs, by the agreement of all the parties to the
suits, a large sum of money biding their issue, and
must there remain until they are decided, to the great
damage of the owners thereof.

"Specification 6th. There are a number of other
creditors of E. Leitensdorfer & Company who would
bring suits, if they believed justice could be obtained.

"Specification 7th. By the death or going away
of important witnesses the ends of justice, which
are now delayed, may be entirely defeated.

"Specification 8th. So much of the specifications
under charges 1st and 2nd as may be applicable to
this charge.

"Charge 3rd. Ignorance of law and disregard to
his obligations as a judge.

"Specification 1st. Before trial, out of court, he
has expressed the opinion that a man about to be tried
for his life was a murderer.

"Specification 2nd. He has admitted to bail the
man whom he said was a murderer.

"Specification 3rd. He has written articles in the
Santa Fe Republican concerning a point of law, about,
in due course, to come before him for decision, on
which depended a large class of cases involving a sum
of money, exceeding $80,000.

"Specification 4th. Had he adjudicated on the
bench as he adjudicated in the newspapers he would
have been benefited by the adjudication.

OF THE TERRITORY OP NEW MEXICO. 171

"Specification 5th. At a meeting of the bar, held
in the city of Santa F£, on or about the 26th of July,
1849, at which meeting were present Messrs. Smith,
Tully, Angney, Wheaton, West, Pillans, Ashurst,
Beach, Hall and Weightman, the question was dis-
cussed as to the propriety of inviting Judge Houghton
to resign; at this meeting, it was the opinion of all
the members present, that he was incompetent to fill
the office, and eight of their number signed a letter,
requesting him to resign, two of them declining to
sign the letter on personal grounds; the two who de-
clined being Messrs. Smith and Hall.

"Specification 6th. So much of the specifications
of charges 1st and 2nd as may be applicable to charge
3rd.

"The witnesses to prove the above charges and
specifications are at present in New Mexico; how long
they will remain there it is impossible to say.

I have to request, therefore, as early notice as
possible may be afforded me that an investigation may
be had; the commission, or whatever other body to
whom these charges, etc., may be referred, should
have power to send for persons and papers.

"With much regret that I have to trouble you
with so disagreeable a matter, I am, sir, very respect-
fully, your obedient servant,

"R, H. WEIGHTMAN.
"Brevet Colonel John Munroe.

"Civil and Military Governor of New Mexico."

Judge Houghton was notified by Major Weight-
man of the fact that these charges had been preferred
against him and was advised that if he did not sub
stantiate the charges as made, he would freely and

172 THE MILITARY OCCUPATION

cheerfully retract them. The distinguished gentleman,
however, declined an investigation, but immediately
sent a challenge to Major Weightman. Colonel Mun-
roe declined to entertain the charges and nothing
officially was done by him in relation thereto.

The challenge, in its wording, ignores the charges
as filed with Colonel Munroe, but accuses Weightman
of having slandered Judge Houghton. The fact that
there is no record in New Mexico of the wording of a
formal challenge to meet upon the "field of honor," and
as this course adopted by Judge Houghton was in a
sense an appeal to the old English "wager of battle,"
the exact language of the challenge is worth record-
ing, and follows:

"Santa F£, September 9, 1849.

"Sir: In consequence of slanderous words used
by you in conversation with Lieutenant Taylor, at the
Sutler's store in Albuquerque, with J. L. Hubbell, Esq.,
at Socorro, at Santa Fe', and generally throughout the
Territory, within the last few - — , I demand of you
an unequivocal retraction of such slanders, or the satis-
faction due from one gentleman to another.

"J. HOUGHTON.

"K. H. Weightman, Esq."

This letter brought forth a characteristic reply
from Weightman, in which he seems determined to
have the record appear without a flaw, in giving pub-
licity to his opinion of the learned "fountain of jus-
tice," as he was described by Weightman in a number
of public addresses. This reply was directed to James
H. Quinn, Esq., a practicing attorney of Judge Hough-
ton's court, who acted as his second in the duel which
followed. The letter to Quinn is interesting, and,

OF THE TERRITORY OF NEW MEXICO. 173

while of some length, should be read in connection
with the charges against Judge Houghton. In this
letter Weightman says :

•'Santa F£, September 19, 1849.

"Sir : I received at your hands a note from Judge
Houghton, of this date, in which he is pleased to say
that, in consequence of words, which he characterizes
as slanderous, used by me to Lieutenant Taylor, in
Albuquerque, to J. L. Hubbell, Esq., in Socorro, at
Santa Fe, and generally throughout the Territory,
within the last few 'days' (I suppose was intended, a
word being left out), he demands of me an unequivocal
retraction of such slanders, or the satisfaction due
from one gentleman to another.

"Besides the application of the word slanderous to
my words, 1 have an objection to make to the general
tenor of his note, which is this : it leaves open the
inference that I made the remarks alluded to not in
Judge Houghton's presence. To rebut which inference,
I have to say, that three or four months ago, it became
my duty, as counsel in the case of Colcord & Hall vs.
Smith D. Town, to comment upon the conduct of Judge
Houghton, in receiving, as agent of Colcord & Hall, a
large sum of money, in the neighborhood of $3,400.00,
and not paying the same over to his principal, as it
was intended he should, and as he was trusted to do.
In my remarks to the jury, the judge was spoken of as
a faithless agent, and it may, perhaps, not be inappro-
priate to mention that the jury found a verdict in ac-
cordance with the theory laid down by myself and the
other gentlemen with whom I was associated on that
occasion. Judge Houghton was not present on this

174 THE MILITARY OCCUPATION

occasion, but my remarks and the finding of the jury
are matters of public notoriety.

"Again, in Socorro, at which place he refers to a
conversation with Mr. Hubbell, I made the same, or
similar, remarks in a public speech to the people,
Judge Houghton being present, and distant perhaps
six feet from me at the time.

"I deem this statement due to myself, in order to
make it apparent that I have in no wise secretly as-
sailed the character of Judge Houghton.

"In conclusion I have to say that in consideration
of the fact that Mr. Houghton occupies at this time
the important position of chief judge of this Territory,
and is recognized as a gentleman by persons of high
standing, yourself among the number, I feel myself at
liberty to accept the latter of the alternatives he has
been pleased to offer me. I accept his challenge, and
will meet him this day at as early an hour as can
Conveniently be agreed upon between yourself and
the gentleman who will hand you this.
"Very respectfully, etc.,

"R. H. WEIGHTMAX.
"James H. Quinn, Esq."

This duel was fought on the same day, no blood
was shed, and while no apology was offered by Weight-
man, the outcome of the meeting was to a degree laugh
able. The parties met in an arroyo, near the city of
Santa F£, and when the command "fire" was given,
only one shot was heard — that from Weigh tman's pis-
tol, the ball from which passed close to Houghton's
ear. Houghton, who was slightly deaf, insisted that
he had not heard the word of command; Weightman
then lifted both his hands in the air and told Houghton

OF THE TERRITORY OF NEW MEXICO. 175

to shoot; the seconds interposed, however, and the
party left the grounds, Weightman still insisting that
what he had said concerning Judge Houghton was the
truth.

There was a great deal of dissatisfaction in many
parts of the Territory, at this time, growing out of the
actions of the so-called civil authorities concerning the
property and priests of the Catholic church. Ever
since the revolution of 1847, the military commander,
owing to the belief which was entertained by many
that prominent representatives of the church had been
cognizant of the plans of the revolutionists, and were
active sympathizers in the movement which resulted in
the death of Governor Bent, regarded the chief repre-
sentative of the church, the Vicario, Juan Felipe Ortiz,
as an enemy to the American institutions which were
being gradually established by his authority. It was
insisted that the rights of that church freely to exercise/
its functions were being infringed. Major Weightman
seems to have been the friend of the Church, and its
attorney as well, and on several occasions complaints
of a very serious character were lodged with the mili-
tary commander, but no notice was taken by him in
relation to the same. The military commander was
advised officially that the Vicario fully understood the
responsibility resting upon him to the United States
government, but contended that the Church should not
be deprived of the "right freely to exercise its religion,"
that right being guaranteed by the Constitution of the
United States. The commander was informed that the
Catholic Church, as well in New Mexico as in other
parts of the United States, confided the care and con-
trol of all the property of the church to the Bishop of

176 THE MILITARY OCCUPATION

the Diocese. The Bishop of Durango had placed this
custody, care and control in the hands of the Vicario,
who was held responsible for the judicious exercise of
the power conferred upon him. This law, custom and
usage of the Church was being set aside by the actions
of the civil authorities in many ways; the limits of
parishes, as arranged under the authority of the
Church, were being altered by the civil officials with a
view to their ideas as to propriety and convenience.
This was done, certainly so far as the parishes of
Socorro, Albuquerque, Belen and Tome were concerned,
and it was claimed that the interference came from
the influence of Judge Antonio Jose Otero.

Don Donaciano Vigil, the secretary and acting
governor of the Territory, after the death of Governor
Bent, issued an order suspending the Vicario, Juan
Felipe Ortiz, from exercising his ecclesiastical func-
tions; the acting governor also threatened to banish a
priest, who had the temerity to declare that the acting
governor had no power to do so, and, in the end, advised
the priest to take the first advantage of leaving the
country.

One of the alcaldes, while the parish priest was
absent, demanded the keys of the church from the
sacristan at Tome' and took from it the sacred vest-
ments and consecrated vases and delivered them to
Nicolas Valencia, a non-conformist and suspended
priest, for the purpose of celebrating a marriage and
mass.

Another alcalde directed Fr. Benigno Cardenas, a
non-conformist, suspended priest, a refugee from jus-
tice, to go to the parish of Tome, and receive without
excuse or protest, from Jose de Jesus Baca, the regu-

OF THE TERRITORY OF NEW MEXICO. 177

larly appointed priest, the delivery of the church prop-
erty, taking an inventory of the same. The alcalde,
who thus undertook to control the affairs of his pre-
cinct as well as those of the church, was Don Vicente
Armijo; the word and order of Don Vicente was most
effectual, for the Fr. Cardenas took possession and the
Fr. Baca was excluded from the performance of his
priestly functions. All of these ousters were confirmed
by the appointing authorities — the so-called civil gov-
ernor, Vigil, and his superior, the military commander,
endeavoring to correct the action of the alcalde, sent an
official order to the prefect of the county, Don Manuel
Otero, directing him to restore Padre Baca to his
rights and the property of the church, which order was
not obeyed.

Every one of these infringements upon the rights
of the priests was presented to Colonel Munroe, in the
way of charges and memorials signed by hundreds of
citizens, but all were deemed unworthy of notice by
that arbitrary satrap.

The true state of affairs is most graphically painted
in a letter to Colonel Munroe62 from Major Weightman.
Word had been received from Don Jose Chaves, one of
the most influential men of the country, that he feared,
unless the people were pacified, violence might be com-
mitted, for the reason that the civil authorities were
attempting to force upon the people, against their will,
the Padre Cardenas. This Padre was the same one
who was attempted to be forced upon the people of
Tome'. Major Weightman, who was the recipient of
the letter from Don Jose Chaves, immediately pro-
ceeded to Los Lunas, where he was advised that Judges

02Letter of R. H. Weightman of June 18, 1850, to Col.
Munroe — Cong. Globe, 32d Cong., 1st Session, page 326.

178 THE MILITARY OCCUPATION

Houghton and Otero had arrived and that for the pres-
ent all was quiet. The following day the judges and
the prefect left for Sabinal, where it was claimed the
people were in a state of revolution and that Colonel
May of the army was present with troops to quiet the
disturbance. Major AVeightman proceeded to Sabinal,
where he found everything quiet, the people working in
the fields and neither Colonel May nor any troops were
present. Later on Colonel May appeared and declined
to interfere. Immediately the alcalde cited, through
an order issued to his constable, armed men to be
present, for the purpose of assisting the constable in
keeping order. It was asserted that the entire proceed-
ing was little less than an electioneering trick to intim-
idate the people into voting for a continuance in office
of those then exercising civil authority. Judges Hough-
ton and Otero were on the ground and there were
persistent rumors of revolution, assassination and other
disturbances, but nothing occurred, other than a con-
clusive demonstration that the people, so lately come
into the rights of American citizens, were beginning
to appreciate their full importance.

The alcalde at Sabinal was one Jesus Silva, whose
ideas of his authority were most unique. On Sunday,
the 16th of June, ISoU, this alcalde attempted to compel
the people to receive the Fr. Cardenas as the priest of
the parish. The alcalde maintained that inasmuch as
the regular priest, Otero, had not performed .mass for
some time, that it was necessary for the spiritual wel-
fare of the people that mass be said. The reasons for
the absence of the cura, Otero, were that the same
alcalde had placed him in jail a short time prior and
he had left, fearing a repetition of the incarceration

OF THE TERRITORY OF NEW MEXICO. 179

and a continued disregard for the rights of the church,
as long as Alcalde Silva continued in the administra-
tion of his office. The actions of the alcalde were ap-
proved by the Prefect, Ramon Luna, as well as by
Judges Iloughton and Otero, who were all present and
undertook to reprove the people for their alleged insub-
ordination to the lawfully constituted authority of the
alcalde.

More than one hundred citizens, the- owners of the
church property, made vigorous protest to the military
commander, at Santa Fe, against the actions of the
alcalde and the judges and prefect, but no action wan
ever taken, although an investigation was asked for ar
his hands.

On the 18th of June an order was issued and
placed in the hands of the constable, commanding him
to arrest one, Jose Armijo, and about one hundred
others, who had protested against the action of the
alcalde, Silva, and take them before the Prefect, Ramon
Luna, at sunrise the following morning, where their
offenses would be examined into. The following morn-
ing was the day of election, and, even to the uninitiated,
this order of arrest and proceeding may be readily
understood, when it is known that every man thuh
arrested was opposed to the re-election of the existing
officials, everyone of whom was a candidate for office..
All of these people were taken to the northern limits
of the county, a distance of thirty miles, passing by the
doors of neighboring alcaldes, and, but for the timely
assistam e of Don Jose Chaves, who gave bail for them,
in the sum of fifteen thousand dollars, all would have
been incarcerated until the next term of the court.
When court was held notwithstanding the statement

180 THE MILITARY OCCUPATION

of the public prosecutor that no offense had been com-
mitted, they were indicted, and those who could not
give bail a second time were thrown into prison, where
they remained until the appointment of James S. Cal-
houn as governor of the Territory. And what was their
offense? Don Jose Armijo, an elderly gentleman of
good repute, acting as spokesman for the citizens who
objected to Fr. Cardenas, had said to the Alcalde that
it was against the will of the people that he say mass.
To which the alcalde replied, "I have the power, and
do not recognize the people." Whereupon Mr. Armijo
said : "If you do not recognize the people or their sov-
ereignty, the people will not recognize you as alcalde.7'
This was held to be rebellion by the learned judges, the
alcalde and the prefect.

This, then, was the sort of government to which the
authorities of the United States introduced its newly
acquired citizens. Not that government which Kearny
had promised them, but another and different sort, a
government upheld and maintained by the bayonets,
under command of Colonel Munroe, who was supposed
to be protecting the new citizens in their rights rather
than in oppressing them, as the facts clearly show was
the case.

The War Department at the nation's capitol was la-
boring under the belief that the military in New Mexico
was only taking a partial participation in the civil
affairs of the Territory, and it was only after the elec-
tion of June 20, 1850, that matters were brought to a
full determination as to who was the real authority in
New Mexico and what was his power.

Pursuant to a meeting held at Santa Fe, April 20,
1850, Colonel Munroe, the military governor, issued a

OF THE TERRITORY OF NEW MEXICO. 181

proclamation calling for an election of delegates to
meet in convention on May 15th. At this convention,
\\:hose presiding officer was James H. Quinn, a consti-
tution for the state of New Mexico was framed. Three
days afterwards Colonel Munroe issued another procla
mation calling for a popular election on the adoption
of the constitution, and also to choose state and federal
officers, whose authority should become valid as soon
as the state government was recognized at Washington
by the congress.

The ejection was held on June 20th. Henry Con-
nelly and Manuel Alvarez were elected governor and
lieutenant-governor over Baca 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, only thirty-nine votes being
recorded against it.

The officials elected at this time were thoroughly
at variance with the military officers in respect to the
powers and prerogatives of each.

The commanding officer, Colonel Munroe, insisted
upon exercising all the authority which had been his
and which had been used wherever deemed necessary
since the beginning of the war with Mexico and the
taking possession of the^country by General Kearny in
August, 1846. The position taken by both Colonel
Munroe and by Lieutenant Governor Alvarez, who was
acting in the absence of Governor Connelly, who was ill
and visiting in the states, is well outlined in an official
communication from Governor Alvarez to Colonel Mun
roe, of date July 13, 1850, and which is given in full :

182 THE MILITARY OCCUPATION

"GOVERNOR'S OFFICE,
'•July 13, 1850.

"Sir: — In my notes of yesterday, I intimated that
I would take an early occasion to answer your com-
munication of the llth instant, in which you are pleased
to allude to a conversation, solicited by yourself
through your adjutant, which we held on the 10th, in
which, among other matters, you intimated a disposi-
tion to disregard any acts of the Legislature overstep-
ping the bounds of your proclamation of date May 28,
1850, a determination to sustain the authorities hith-
erto administering the functions of government, and
alluded to the course of the new government in organ-
izing its departments and proceeding to exercise legis-
lative power, as unwarranted and revolutionary.

"From the terms of your conversation, I learned
that you entertain the idea that the people, in organ-
izing a government,, we re bound to follow your procla-
mation literally, strictly, and that they can exercise no
power beyond its license. In this construction of the
people's right, our opinions are entirely different, since
I hold the true ground to be :

"1st. That the people had an undoubted right to
hold a convention, form a constitution, and organize a
civil government, without either your first or second
proclamation, or without even consulting with you.

"2d. That any private citizen, as well as the com-
mandant of the ninth military department, could have
issued the proclamation, or could, by common consent,
have been designated for that purpose; and, if obeyed,
it would have been just as effectual and obligatory on
the people and yourself.

OF THE TERRITORY OP NEW MEXICO. 183

"3d. That in the absence of any congressional leg-
islation over us, we have as free and undoubted a right
to reform and remodel our old system, or to establish
a new and different one, not violating the constitution
of the United States, as the people of New York or
Virginia.

"4th. That the civil power exercised by you, under
a military order from General Scott, can be no greater
nor more restrictive of the rights of the people than
that exercised by the President of the United States.

"5th. That the President of the United States can
not delegate a greater power than he could himself
exercise, and nothing is clearer than that he, without
the sanction of congress, has no power either to dictate
a government to us or to prevent us from making such
a one as we may prefer.

"6th. 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. President Polk, in his message of December
5, 1848, holds this emphatic language in speaking of
New Mexico and California: 'Since that time (13th
May) the limited power possessed by the executive has
been exercised to preserve and protect them from the
inevitable consequences of a state of anarchy. The only
government which remained was that established by
the military authority during the war. Regarding this
to be a dc facto government, and that, by the presumed
consent of the inhabitants, it might be continued tem-
porarily, they were advised to conform and submit to
it for a short intervening period before congress would
again assemble and legislate on the subject.' And,

184 THE MILITARY OCCUPATION

again, in his previous message of 8th July, President
Polk declares that 'the war with Mexico having termi-
nated, the power of the executive to establish or to con
tinue temporary civil government over these territories,
which existed under the laws of nations while they were
regarded as conquered provinces in our military occu-
pation, has ceased.' Secretary Crawford, in his late re-
port (November 30, 1849), advances a similar view:
'The peculiar condition of the territories of California
and New Mexico, in respect to their internal govern-
ments, and the absence of any clearly defined authority
by congress for this object, has imposed delicate and
difficult duties on the army. One of its assigned duties
is to aid civil functionaries, when required, in the pres-
ervation of public tranquility ; but it is believed that
the civil authority, so far as it has its origin in political
power, in a great measure disappeared by the transfer
of the sovereignty and jurisdiction from Mexico to the
United States. The military regulations established for
their government during the wrar were superseded by
the return of Y eace.' I refer you also to the instruc-
tions given to Lieutenant-Colonel McCall. Not having
these instructions, I can only refer you to them.

"All of these opinions, emanating from distin-
guished statesmen, are indorsed by the great politi-
cians of the country. There is hardly any question of
state rights better settled than that the people have
an inalienable right peaceably to assemble to take
steps to reorganize or remodel the government, and to
establish such laws as are by them deemed more just
and salutary. These extracts show—

"1st. That the government, hitherto existing in
New Mexico, is one simply of consent — a consent pre-

OF THE TERRITORY OF NEW MEXICO. 185

sumed; and the people are advised to submit tempo-
rarily to it.

"2nd. They show that the president disclaims any
power to establish or continue temporary civil govern-
ments.

"3rd. That the military regulations established
for (our) government were superseded by the return of
peace.

"If the positions above stated, are true — and I am
not aware that statesmen differ about them- -it has
always been competent for the people to take the step
they have recently taken; and that the commanding
officer of the 9th military department has exercised
the functions of a civil governor, has arisen solely from
the consent of the people. That consent is now with-
drawn. The peopfe have amicably, and through the
recommendation of yourself, proceeded to the full or-
ganization of a civil polity. Until the national con-
gress shall undo it, or refuse to sanction it, by the law
of nations and the rights of states, it will remain our
only legitimate government.

"Had the President power to make us a govern-
ment, long ago he would have so ordered. This power
is reserved to congress; and, until it acts, the people
must adopt such a government as to them may seem
best.

"The people of California have pursued a similar
course. The government went into immediate opera-
tion; the officer commanding the troops of the United
States retired from the discharge of his civil functions,
and his conduct, and the course of the people, have met
with general approbation in the United States.

186 THE MILITARY OCCUPATION

"If a state government is likely to be beneficial
to the people of New Mexico, why should they be de-
layed in its enjoyment? Are they less able to sustain it
now than they would be in six months or a year? And
what right has the military commandant of the 9th
military department, when the President himself has
no such power, to say that such a government should
be indefinitely withheld from the people?

"If I understand the second proclamation issued
by you, it contemplates the organization of the gov-
ernment, so far as may be necessary to elect United
States senators — that is, it contemplates that at least
the executive and legislature should qualify and pro-
ceed in this election. The governor and legislature,
by the very law that constituted them — the popular
voice — were, before entering upon the discharge of their
duties, required to take an oath to support the consti-
tution of New Mexico. Before an election could take
place it wTas necessary to pass a law on this subject,
and to provide the mode of authenticating the creden-
tials of the senators. This the proclamation did not
contemplate; yet it was necessary, and the signature
of the vice-governor, acting in the absence of the gov-
ernor, became necessary, to perfect the law. The sig-
nature of the commanding officer of the 9th military
department to the credentials of the senators would,
to say the least of it, have been novel, and expose them
to the commentary of asking for seats with an unusual
and unconstitutional evidence of an election. Why
were the formation of the constitution and the election
of an executive and a legislature necessary to choose
United States senators? Simply because by the con-
stitution of the United States such officers must be

OF THE TERRITORY OF NEW MEXICO. 1ST

chosen by the legislatures of the states, and they are
necessary to authenticate the credentials. If, then, it
was competent for the legislature to make one law, is
it not competent for them to make two or as many as
they may deem proper? Was the vice-governor an
officer constituted with full power yesterday to perfect
the law 'to regulate the election of United States sen-
ators,' and is he less an officer to-day, or his signature
to another law, adopted by the same legislature, less
efficacious, or absolutely null and void? He cannot be
an officer with full authority one day, the next without
such authority, and on the third again vested with his
official dignity and pOAver ; and if he has been governor
for one hour he is so until his term expires, and, being
so, there is no other; for the co-existence of two gover-
nors coeval in the same State is impossible, and con-
trary to all law and experience.

"I have failed to discover in the extract you were
pleased to send me any principle contradictory of the
positions here laid down. The propositions are stated
generally, and are the law as commonly received. The
questions discussed are not the ones that at this time
vitally affect New Mexico.

"It is certainly true that, so long as we are not
constituted a State, the congress has power to make
all needful rules and regulations respecting us. But
we are not a Territory until these needful rules are
made. Congress has done nothing— has not declared
us a Territory, nor extended over us the laws of the
United States. The doctrines asserted (although inar-
tiflcially stated) in the extract are sufficiently true,
and, as general propositions, will not be discussed;

188 MILITARY OCCUPATION OF NEW MEXICO.

yet, applied to our present attitude, they lose all ap-
plicability.

"I have deemed it proper to say this much in reply
to your communication of the llth, and, while I assert
an earnest desire to see the early prosperity of my
adopted country, subscribe myself your most obedient
servant,

"MANUEL ALVAREZ."

In reply to this communication, stating the posi-
tion taken by the Governor, Alvarez, and his advisers,
for the wording of the letter shows that it was written
by a lawyer, and not by the governor personally, the
commander of the military department, Colonel Mun-
roe, declared that "having in my proclamation of the
28th of May last, calling an election for an executive
and legislature to consummate the proper arrange-
ments for the presentation of the state constitution
to the congress of the United States," etc., stated "that
all action by the governor, lieutenant-governor, and of
the legislature, shall remain inoperative until New
Mexico be admitted as a state under said constitution,
except such acts as may be necessary for the primary
steps of organization, and the presentation of said con-
stitution properly before the congress of the United
States ;

"The present government shall remain in full force
until, by the action of congress, another shall be con-
stituted.

"Applying principles clearly in accordance with
the constitution of the United States, with the deci-
sions of the supreme court and the laws of congress,
I had no right to suppose that the officers elected under
its provisions would assume to themselves authority

Monument to General Doniphan, Liberty, Mo.

190 THE MILITARY OCCUPATION

beyond the conditions on which they were elected by
the people, or that they would engage in any acts to
supersede the present government. But, soon after the
meeting of the legislature, I became convinced, from
expressed opinions of members, of other gentlemen oc-
cupying important positions, and from the acts of both
houses, in addition to its legitimate business, there
was an obvious intention of subverting the government
by legislative action. In a sincere hope that a pur-
pose so repugnant to law and injurious to the well-
being of New Mexico might, by conciliation on my
part, be averted, I have done whatever laid in my
power to avoid the possibility of opposition, either in
feeling or in action by the legislature, or the party
by which its majority was elected, against the consti-
tuted authorities and established government.

"Reluctantly as I approach the subject, I now de-
clare that the nomination of officers, and their con-
firmation, to assume the exercise of functions which
(by superseding the officers now in commission) will
affect the laws of this Territory, as at present consti-
tuted, will be deemed and considered as an act on the
part of all concerned in direct violation of their duties
as citizens of the United States.

"My official obligations imperatively require that
the present government be sustained until superseded
by another legally constituted; and this duty I will
fulfill with all the means at my disposal."

Immediately upon the receipt of this letter by
Governor Alvarez, its contents were communicated to
the legislature then in session, whereupon that body,
undoubtedly voicing the sentiments of the people of
New Mexico, adopted a joint resolution, the tenor of
which is expressive and vigorous.

OF THE TERRITORY OF NEW MEXICO. 191

This resolution is as follows:

"Whereas, a letter signed by John Munroe, styling
himself civil and military governor of New Mexico,
and directed to Lieutenant-Governor Manuel Alvarez,
hfls just been communicated to the legislature, in
which said Munroe expresses a determination to main-
tain the civil authorities hitherto administering the
government in New Mexico, and also threatens to use
all the forces at his disposal to resist the effective
operation of the state government now in complete
organization, with an evident intention to overawe the
people, legislature and the different departments of
the government, and to annul, by means of military
power, the peaceable desires of the people; and,

"Whereas, seven-eighths of the entire population
of New Mexico are clearly in favor of putting in im-
mediate operation the civil state government lately
adopted by them by an unheard of unanimity, and to
be relieved from the sinking, ineffective and abhorrent
system which they have peacefully respected for
nearly four years;

"Resolved :

"1. That it is the indisputable right of the people,
in the absence of congressional legislation on the sub-
ject, to organize a civil government and put it in
immediate operation.

"2. That the right of exercising any civil function
by the commander of the 9th military department (if
it ever existed) was superseded by the organization
of the state government.

"3. That we heartily approve the communication
despatched by Vice-Governor Alvarez to Colonel
Munroe, dated July, 1850.

192 THE MILITARY OCCUPATION

"4. That we heartily approve the intention of
Governor Alvarez to establish and maintain in opera-
tion the government just organized.

"5. That the people have a clear and sacred right
to take any step to put in operation the state govern-
ment, and that this right was superior to, and entirely
independent of, the military government hitherto ex-
isting in this Territory.

"6. That Colonel J. Munroe has no legal or
other right to restrict the peaceful action of the people
in organizing a government; nor had he authority,
either in law, or from the general government, to sub-
ject the action of the late convention to any conditions
or limitations whatever.

"7. That the commander has assumed a power not
delegated to the President of the United States and
directly in opposition to the expressed principles of
President Taylor in his reply to the investigations
made by the congress of the United States.

"8. That the Secretary of State be required to
furnish copies of the above preamble and resolutions
to Colonel J. Munroe, Governor Alvarez and to the
Senators and Representatives to congress."

When these resolutions had been presented to
Colonel Munroe, and, realizing the earnestness of the
spirit which prompted their passage, he made formal
report to the Adjutant General of the Army at Wash-
ington, Major General R. Jones, in the following
language:

"Headquarters 9th Military Department,

"Santa F£, New Mexico, July 16, 1850.

"Sir: The political affairs of New Mexico have
assumed so grave a character that it has become my

OP THE TERRITORY OP NEW MEXICO. 193

imperative duty to make the executive of the United
States acquainted through you with the material fact
that the new state government, organized so far only
as to take the preliminary steps towards admission
into the Union, has assumed to supersede the actual
government, and go at once into operation.

"The ratification of the constitution and the elec-
tion of an executive and legislature by the people was
held under the proclamation I issued on the 28th day
of May last, and there has been no official expression
of their dissent from that instrument, nor any author-
ity given by them to the governor and legislature to
act beyond its provisions.

"Merely adverting to the unadjusted claim of
Texas and the probability of a territorial organization
as causes of delay, I have, independent of these ques-
tions of expediency, decided that my obligations are
not to acknowledge the authority above assumed, but
to await the determination of the congress of the
United States as to the legality of that authority, or
the orders of the Executive in relation to the course
I am to pursue.

"The purpose of the new state government being,
by the appointment of its officers and other acts, to
supplant the present establishment with as little delay
as possible, you will perceive how important it is that
instructions for my guidance be sent me without loss
of time.

"A reasonable delay on the part of the legislature,
at a time when there is every prospect that the people
of New Mexico will soon have a government in ac-
cordance with their wishes, is a policy which I have
no doubt the New Mexicans in that body would have

194 THE MILITARY OCCUPATION

adopted as best suited to their interests, and as re-
spectful to the government of the United States; but
opinions have been prepared for them here by those
having no ties binding them to the Territory, except
the possession and expectation of office, and, if any
serious consequences arise from the adoption of their
advice, will be found safely beyond its limits.

"Those persons well understand the unstable ele-
ments of the Mexican character, the general ignorance
of the people, their manifest dislike (although latent)
to Americans, and the strong sympathies a large num-
ber entertain for Mexican institutions and its govern-
ment, as opposed to that of the United States, yet,
with this knowledge, they have pursued a course, un-
derstandingly, from which sooner or later disagreeable
consequences will undoubtedly arise.

"As charges, both general and specific, have been
made, and will be urged at Washington against those
who have administered the affairs of this Territory,
an investigation into their conduct is due both to the
people and themselves. If such an investigation
should be ordered, I am satisfied it will be shown that
the persons and property of the inhabitants of New
Mexico have been protected to the full extent of the
guaranty provided by the treaty with Mexico.

"A separate paper will enumerate the documents
which accompany this communication."

With all the information concerning the contest
for power between the people and the military, as pre-
sented by Colonel Munroe himself, the President di-
rected the Secretary of War to instruct Colonel Mun-
roe to abstain from all further interference in the
civil and political affairs of New Mexico, which in-
structions are found in the following order:

OP THE TERRITORY OF NEW MEXICO. 195

"War Department, Washington,

"September 10, 1850.

"Sir : Your letter addressed to the Adjutant Gen-
eral, dated Santa F£, New Mexico, July 16, 1850, having
reached this department, and, together with the docu-
ments accompanying the same, been submitted to the
President, I am directed to make the following reply:
The President has learned with regret that any mis-
understanding should exist between a portion of the
people of New Mexico and yourself in relation to the
government of that country, and hastens to relieve
you from the embarrassment in which that misunder-
standing has placed you.

"I have now the pleasure to inform you that con-
gress has at length passed a law providing for the es
tablishment of a Territorial government in New Mex-
ico. The President will proceed with the least possible
delay to organize the government; 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. You will perceive, however,
that the same act (a duly authenticated copy of which
accompanies this communication) also fixes the bound-
ary between New Mexico and Texas, and that its
operation is suspended until the assent of Texas shall
have been given to the boundary established by the
act.

"Although there is little doubt that such assent
will be given, yet, as some time must elapse before it
can be obtained, it is proper that some instructions
should be given for your guidance in the interval.

196 THE MILITARY OCCUPATION

"It is at all times desirable that the civil and
military departments of the government should be kept
entirely distinct. Although circumstances may occa-
sionally arise which require a temporary departure
from this principle, that departure should cease with
the necessity which occasioned it. No necessity seems
to exist at present for departing from it in regard to
New Mexico. The country is represented to be tran-
quil; and, although the inhabitants have undertaken
to establish a government for themselves without the
authority of a previous act of congress, nevertheless
there is no reason to believe that in so doing they in-
tended to throw off their allegiance to the United
States; and, as the government they seek to establish
is entirely consistent with the lawful authority and
dominion of the United States in and over the Terri-
tory and its inhabitants, the President does not con-
sider himself called upon to suppress it by military
force. Unless, therefore, it should become necessary
to suppress rebellion, or resist actual hostilities against
the United States (an event hardly to be apprehended),
or unless the inhabitants, or a portion of them, should
demand from you that protection which is guaranteed
to them by the ninth article of the Treaty of Guadalupe
Hidalgo, you are directed to abstain from all further
interference in civil or political affairs of that country.

"In case you should have any further communica-
tions to make to this department in relation to the
civil and political affairs of New Mexico, you will ad-
dress them directly to the head of this department.

"C. M. CONRAD,
"Secretarv of War."

OP THE TERRITORY OF NEW MEXICO. 197

Matters in New Mexico were believed by the Presi-
dent and his cabinet to be in so strained a condition,
owing to the position taken by the commander of the
ninth military department and his unwarranted mixing
in the civil and political affairs of the Territory, that
the President ordered the letter from his Secretary of
War, Mr. Conrad, sent to Santa F£ by special messen-
ger. At that time, it required only about six weeks for
a letter to be transmitted from Washington to New
Mexico, and the orders to Colonel Munroe did not reach
him until the 22d day of October. The special messen-
ger, entrusted with the carriage of this letter, was
Henry Hardy.

Colonel Munroe, however, did not perform the
orders of his chief, and kept the people in ignorance
of the tenor of his instructions and kept on in the per-
formance of the functions of civil and military gov-
ernor of the Territory until the organization of the
territorial government and the installation of Gov-
ernor Calhoun, which took place in March, 1851. He
thus kept in power those officials who were unsatis-
factory to the people; maintained a government which
was civil only in name and purely military in all mat-
ters deemed by the commandant demanding it; a gov-
ernment which harassed and oppressed the people,
interfered with their religious worship, disturbing par-
ishes in the administration of their own churches and
religious affairs; a government which fined and im-
prisoned the people without the intervention of juries,
which taxed them without their consent, which em-
bezzled the taxes when collected, and which, in one or
two flagrant cases, scourged them without trial.63

G3R. H. Weightnian — speech in Congress, 1st Sess. 32d
Congress.

198 THE MILITARY OCCUPATION

Colonel Munroe had unwittingly allied himself
with a few persons who had impressed him with the
firm belief that the Mexican people were degraded and
vicious and always looking for an opportunity to create
trouble with those in authority. His ideas of govern-
ment were purely of the sort entertained by almost all
military officers, and he was jealous of any interference
with the authority with which he deemed himself
vested.

The passage of the act of September 9, 1850, did
not dispose of the complaints and dissatisfaction which
existed in the Territory, and it was not until the in-
auguration of Governor Calhoun, the following spring,
that the people had any confidence in the government
which had been promised them at the time of the
proclamation of General Kearny.

The first legislative assembly of the Territory of
New Mexico, pursuant to the provisions of the act of
September 9, 1850, met at Santa Fe on the 2d day of
June, 1851, and among its enactments was one provid-
ing "that all laws that have previously been in force in
this Territory that are not repugnant to or inconsistent
with the constitution of the United States, the organic
law of this Territory, or an act passed at the present
session of the Legislative Assembly, shall be and con-
tinue in force, excepting in Kearny's Code, the law
concerning registers of land."

There had been no substantial reason for the de-
nial to the people of New Mexico of a territorial form
of government for so long a period as had intervened
since the treaty with Mexico. In the first petition for
admission, the people of New Mexico had declared that
her people were opposed to slavery. The fact that the

OP THE TERRITORY OF NEW MEXICO. 199

domestic institutions of some of the states were dis-
tasteful to New Mexicans was not a sufficient reason
for withholding some sort of government other than
the strange mixture of civil and military which con-
tinued after the Treaty of Guadalupe Hidalgo. Had
New Mexico been admitted to the Union in 1850, her
constitution would have prohibited slavery. There were
not a thousand residents in the Territory at that time,
who had been born in the United States, and the
Mexican population was over sixty-five thousand, all of
the latter being opposed to slavery, but the factious
temper of the times was such that the slightest pretext
for argument gave rise to angry conflict and in the
light of events transpiring during that period and until
the actual breaking out of hostilities in the war be-
tween the States, there was no chance for the admission
of New Mexico into the Union.

The true sentiment of the people of iSew Mexico
was reflected ten years later by her contribution in
men for the Federal armies, in the great conflict for
the preservation of the Union and the suppression and
eradication of an institution which, at the first oppor-
tunity, in convention assembled, her people had de-
clared to be obnoxious to all liberty loving citizens.

BIOGRAPHICAL SKETCHES.

It was intended, at the time of the commencement
of the writing of this volume, to incorporate, as far as
possible, many incidents occurring during the Occupa-
tion Period, all of which were a part of the story of
the acts and deeds of the men who were prominent in
the affairs of New Mexico at that time. This plan was
found to be impracticable. In order that nothing of
interest should be omitted, it was deemed wise to bring
out all these events in the form of biographical sketches.
This has been done with a plainness and a simplicity
which may recommend it to the general reader and
certainly to the descendants of those individuals whose
biographies are presented. The limits within which it
has been necessary to confine this portion of the volume
have rendered unavoidable some omissions and occa-
sional compression; but, on the whole, there has been
included that which is memorable and interesting. It
was an essential object to bring in all these events
within a moderate compass and in a manner available
for those who have little time for special study or
reading, and yet may reasonably desire to know some-
thing of the history of the conquest of New Mexico not
to be gathered from ordinary histories.

Interesting studies of other men, taking a promi-
nent part in the affairs of New Mexico at that time,
might have been included; but their deeds and par-
ticipation in the events of the period were practically
the same as those narrated in the sketches which follow.
It has been believed that this modest effort to place
within the reach of the public a comprehensive rela-

MILITARY OCCUPATION OF NEW MEXICO. 201

tion, carefully based upon the best authority available,
written entirely without bias or prejudice, will serve
to rectify, to a great extent, the mistaken opinions
which have found lodgment in the minds of the Ameri-
can people relative to the Territory of New Mexico and
its citizens.

General Stephen Watts Kearny.
From a Picture belonging to his son, Henry S. Kearny, of New York- City.

STEPHEN WATTS KEARNY.

Stephen Watts Kearny was a student of Columbia
college, in the City of New York, in 1812, and would
have graduated in the summer of that year. As soon,
however, as it became a certainty that war must ensue
between the United States and Great Britain he applied
for and obtained a commission in the United S-tates
army. On the 12th of March, 1812, while still in his
eighteenth year, he was appointed, from New York.
First Lieutenant in the Thirteenth United States In-
fantry. He distinguished himself particularly in storm-
ing a British battery, and throughout the assault on
Queenstown Heights, 13th October, 1812. Lieutenant-
Colonel Christie, commanding his regiment, himself
wounded in this action, presented young Kearny with
his sword on the field of battle for the cool and deter-
mined manner with which he executed the command
which devolved upon him. A companion in arms states
that, as 'First Lieutenant of Captain Ogilvie's company,
he (S. W. K.) enjoyed at an early age the character of
high promise his after years developed. He was made
prisoner on this occasion and sent to Quebec, and was
long detained in captivity. He became Captain in
April, 1813; Brevet Major in April, 1823, and Major in
May, 1829. Upon the organization of the First United
Spates Dragoons he was appointed their Lieutenant-
Colonel, 4th March, 1833, and Colonel, 4th July, 1836.
On the 30th of June, 1846, he was commissioned Briga-
dier-General, was placed in command of the Army of
the West, and made the conquest of the Territory of
New Mexico. He received the Brevet of Major-General.
United States Army, for gallant and meritorious con-

204 THE MILITARY OCCUPATION

duct in New Mexico and California, to date from the
battle of San Pascual, 6th December, 1846, in which he
was twice wounded. He commanded the combined
force, consisting of detachments of sailors, marines
and of dragoons, in the battles of San Gabriel and
Plains of Mesa, 8th and 9th January, 1847, and was
Governor of California from the date of his proclama-
tion, 1st March, 1847, down to June of the same year.
On the 31st of October, 1848, he fell a victim, at Vera
Cruz, to illness contracted in the course of his arduous
service during the Mexican War. Like his nephew,
Major General Philip Kearny, he died for his country.

One who knew him well, being competent to judge,
said: "If ever there was a man whom I considered
really chivalrous, in fact, a man in all that noble term
conveys, that natural soldier and gentleman was Ste-
phen Watts Kearny."

He was descended from chivalric ancestors. He
was the son of Philip Kearny and Lady Barney Dexter
(Ravaud) Kearny, his wife. The founder of the family
in America was Michael Kearny, who came from Ire-
land and settled in Monmouth, N. J., prior to 1716.
Among his ancestors were the DeLanceys, glorious sol-
diers for ages. John Watts, Senior, married Anne, the
second daughter of Stephen De Lancey, who immi-
grated to New York in 1686. They were his grand-
parents and the great-grand-parents of Major General
Philip Kearny. Their youngest son, Stephen, com-
manded the First Battalion, New York Volunteers,
during the War of the Revolution.

In the unfortunate controversy which arose in Cali-
fornia between General Kearny and Commodore Stock-
ton, Colonel Fremont was involved. General Kearny

OF THE TERRITORY OF NEW MEXICO. 205

deemed it his duty to arrest Colonel Fremont and pre-
fer charges against him, which he did, the result of
which was the court-martial which tried and convicted
Colonel Fremont. Colonel Fremont was the son-in-law
of Senator Thomas H. Benton. Senator Benton de-
veloped an enmity towards General Kearny such as he
only could hold. No more uncompromising man than
Benton ever lived. No man ever in public life was more
intolerant, and often he was, despite his greatness, rash
and unreasonable. The conviction of Fremont was the
cause of Benton's hatred of Kearny. No one can read
the correspondence between General Kearny, Commo-
dore Stockton and Fremont without a feeling that Gen-
eral Kearny maintained his position well. The con-
troversy was very distasteful to General Kearny, but
he believed the instructions given him had placed upon
him a great responsibility, and he believed that he was
acting as the personal representative of the President
of the United States. He would not surrender any part
of the prerogatives entrusted to his care. He acted
solely from a sense of duty. He was a faithful officer,
devoted to his duty, and was always trusted by his
government.

Donaciano Vigil, Second Governor of New Mexico.

DONACIANO VIGIL.

The ancestors of Donaciano Vigil came from
Spain, were of limited means, and without the power
and influence which accompanied wealth, even in the
eighteenth century. His parents were Don Juan Cris-
tobal Vigil and Dona Maria Antonia Marin. His
father, while of liberal education, was a soldier, and
fought in many Indian campaigns in New Mexico.
From 1815 to 1821 he was an Alcalde of the first in-
stance, an official having about the same jurisdiction
and authority as a judge of our district courts.

Donaciano Vigil was born in Santa F£, the capital
of the province of New Mexico, on the 6th day of Sep-
tember, 1802. He had an older brother, Juan, and
two sisters.

Education under the Spanish regime was under a
strict censorship, and very much restricted in curricu-
lum. A reverend Father, who was master of ancient
languages, but ignorant of the first principles of mathe-
matics and other sciences, explained this enigma to
Captain Zebulon Pike, U. S. A., when that officer was
in Santa F£ in 1807, by informing him of the care "the
Spanish government took to prevent any branch of
science from being made a pursuit, which would have a
tendency to extend the views of the subjects in the prov-
inces to the geography of their country, or any other
subject which would bring to view a comparison of their
local advantages and situations with other countries."

In addition to this mistaken policy of the Spanish
government, there were no schools worthy of the name
in the province of New Mexico provided with teachers
capable even in the branches permitted to be taught.

208 THE MILITARY OCCUPATION

About this time — 1811 — the magnificent sum of eight
hundred dollars had been expended by the government
of New Mexico in the conduct of two so-called public-
schools, one at Santa F£ and the other at San Miguel.64
Opportunities for education proper in those times were
limited to home instruction. Fortunately the father of
Donaciano Vigil was educated, and fully appreciated
the advantages ojf an education to his children. He
gave them instruction and reviewed their studies as
they advanced. Donaciano and his brother Juan, as
also a cousin, Juan Bautista Vigil y Alarid, had a
natural liking for books and study, and naturally were
men of brilliant minds. Accelerating the instruction
received at home by availing themselves of the limited
supply of books in those times among their friends and
neighbors, they soon became well grounded in the his-
tory of their country and time. Their superior attain-
ments soon brought their services into demand in posi-
tions of responsibility and trust. It was a current re-
mark among those most familiar with men and times
under the Republic of Mexico that Donaciano Vigil and
his brother, Juan, were among the best educated men in
public life in the department. Juan had served in the
provincial assembly, and had frequently been called
to other positions of trust and responsibility in local
affairs.

Donaciano Vigil was married at Santa F£, the
marriage ceremony having been performed by the Very
Reverend Vicar, Juan Felipe Ortiz. The union was
blessed with ten children, of whom five, -all boys, grew
to manhood. Antonio B. was appointed a cadet to the
Military Academy in the City of Mexico in 1841, was

"Manuscript copy of report of Pedro Bautista Pino to
King of Spain, Nov. 12, 1811; in possession of author.

OF THE TERRITORY OP NEW MEXICO. 209

commissioned a lieutenant and served in the Mexican
army during the Mexican War; was engaged in the
battle of Palo Alto, and returned to New Mexico in
1848. Jose Epifanio was at one time auditor of public
accounts of the Territory of New Mexico, and held
many other positions of trust and profit under the Ter-
ritorial government, and died at Santa Fe', beloved and
respected by all who knew him. Antonio B, with the
other sons, Desiderio, Hermenijildo and Epitacio, re-
sided at Pecos, in San Miguel county, and during their
lives were engaged in stockraising and agricultural pur-
suits. Don Heremenijildo Vigil served in the Legisla-
tive council from San Miguel county in 1890. Desiderio
and Epitacio served during the war of the rebellion of
1861-65, respectively, three years in the First New
Mexico Infantry and six months in the S-econd New
Mexico Infantry.

The Vigil homestead in Santa F6, where the old
governor, and the judge, his father before him, resided,
is near the old Guadalupe church, on the banks of the
Rio de Santa Fe\ It was a retired, quiet retreat, once
abounding in magnificent trees, planted by the hands
of Judge Vigil. It was here that Governor Vigil lived
with his amiable consort during the heyday of his dis-
tinguished career, and until he removed in 1855 to his
ranch on the Pecos river, some twenty-five miles to the
southeast of Santa F£. In the year 1823 he made his
reputation as an intrepid Indian fighter, having been
engaged during that year and taking a leading part in
a campaign against the Navajos, whose warriors had
been raiding the valley of the Rio Grande. In the years
1833 and 1836, respectively, he again participated in
the chastisement of this powerful tribe.

210 THE MILITARY OCCUPATION

The insurrection of 1837 foiind Vigil a military
prisoner in the cuarto de los venderas, at the Palace,
where, it may be remarked, many distinguished people
had been held in duress, including a former Territorial
governor of New Mexico, Merriweather, in 1821.

The circumstances under which he thus became a
prisoner, briefly stated, may serve to indicate a sturdy
characteristic. The military forces in the department
at that date, in consequence of there being no money
to pay them, had been temporarily discharged, so as
to allow them to return to their homes or to engage in
such pursuits as they might be able to find, and thus
gain that subsistence which the government had ac-
knowledged itself unable to furnish.

Vigil had found employment in the store of one,
Tomas Valencia, a merchant of Santa F£, as a clerk,
receiving imperative instructions that he was to credit
no person whatever. While thus employed, and a short
time previous to the insurrection against Perez, Cap-
tain Cavallero, commandant of the forces in New Mex-
ico, called at the store and demanded credit. Vigil
explained the nature of his instructions, but the Cap-
tain persisted, even to abuse and personal violence.
In the latter, however, the belligerent captain found
himself second best, in that the future governor of New
Mexico gathered him in his arms and put him outside
the store room. Taking a cowardly advantage of the
relations then existing, Vigil still being a sergeant in
the army, the captain, as "Commandante," issued an
order placing Vigil under arrest for assaulting his
superior officer. And thus, as before indicated, Gov-
ernor Perez found Sergeant Vigil, while the insurrec-
tionary hordes were descending upon him from the

OF THE TERRITORY OP NEW MEXICO. 211

North. He was released, and, with the few others who
still stood by the ill-fated governor, accompanied him
in a forlorn hope to the Canada, where, meeting the
insurrectionists, Governor Perez was defeated by over-
powering numbers, Perez, with a few followers, barely
escaping, while Vigil, with many others, was taken
prisoner, confined at Santa Cruz and placed in man-
acles of rawhide. The revolutionary forces were largely
composed of Pueblo Indians, who were highly excited
and turbulent under the vicious and designing misrep-
resentations which had incited the uprising. Thus
situated, the prisoners were in constant expectation of
being summarily put to death.

In a few days, however, and immediately following
the assassination of Governor Perez, and the issuing of
a pronunciamento by the insurgent commander, declar-
ing himself provisional governor, an order came from
the latter for the removal of Vigil from Santa Cruz
to Santa F£, where he was set at liberty. It was be-
lieved by Vigil that this clemency was owing largely
to the fact of his unjust incarceration by Cavallero.
Sergeant Vigil, after visiting his family, reported to
Captain Ronquillo, of his company, for duty. Ron-
quillo, however, said to him that he was alone and
powerless; that the insurgents were in full possession
of the capital, and that he was at liberty to pursue
such a course as, in his judgment, was best, in view of
the situation.

In the meantime, the Provisional Governor had
called a meeting of the citizens generally to meet in
the portal of the Palace, to consider the exigencies of
the situation. Among those present and participating
were the Fr. Antonio Jose Martinez, Manuel Armijo

212 THE MILITARY OCCUPATION

and Juan Jose Esquibel, who were appointed a com-
mittee to draft a statement of the grievances of the
people and their loyalty, by them to be presented to
the Supreme Government of Mexico. The proceedings
of the meeting also show that the following named
officers were authorized to sign and authenticate the
statement, who were : "His Excellency, the Acting Gov-
ernor, Jose Gonzales; the Commanding General, the
Inspector, Jose Ma. Ronquillo; and the Acting Secre-
tary, Sergeant Donaciano Vigil." This meeting was
held on the 27th and 28th days of August, 1837, being
eighteen days after the assassination of Governor
Perez. It is proper to state that in the month of Janu-
ary following, on the 28th, Manuel Armijo, who was
present at this meeting, having enlisted a force of some
six hundred men in the Rio Abajo (Valley of the Rio
Grande), executed a coup de main on the government
of Gonzales, shot him, caused others to be executed, and
then, in turn, issued his pronunciamento, proclaiming
himself governor. A few months later, Arinijo having
gone to the City of Mexico and presented his own case,
returned with an appointment as governor of the
Territory.

In 1838, Vigil led another expedition against the
Navajos. In the meantime he had been elected a mem-
ber of the Departmental Assembly. It was about this
time, also, that Captain Cavallero emerged from his
hiding place and again demonstrated his soldierly qual-
ities by ordering the arrest of Vigil on the old charges,
and he was again placed in the Palace.

On the 19th of September, 1839, however, Governor
Armijo ordered his release and gave him a detail as
Military Secretary, the Governor remarking to the

OF THE TERRITORY OF NEW MEXICO. 213

Secretary: "Let Cavallero and all your enemies do
their best; I will stand by you." Thus ended this
cowardly persecution.

It is a peculiar factor in the career of Governor
Armijo, that while Vigil was frequently found standing
as a bulwark between Armijo and £he people, with all
the courage of conviction, risking even his life against
his autocratic policy and oppressions, Armijo soon
came to acknowledge his strength among the people, by
yielding to his advice at times, and to appreciate the
value of maintaining friendly relations, by his respect-
ful bearing toward Vigil, and in having him detailed
for service in his immediate office. As a rule, he was
overbearing and despotic in the extreme to those
around him or whom he suspected of being opposed to
him. Except at brief intervals, Vigil remained as
private and Military Secretary at the office of the
executive until the 8th day of December, 1843, at
which date he retired with a change of administration.

In the meantime, however, he had been promoted,
in 1841, to Ensign in the company of Taos ; in the year
following, to First Lieutenant of his old company of
El Bado; for gallant services in the capture of the
Texas invaders, the same year, brevetted captain and,
under date of April 18, 1842, was commissioned Cap-
tain of his company by President Santa Ana. In 1843
he was a second time elected to the Departmental As-
sembly. In 1845 he was sent to Chihuahua to purchase
military supplies. His mission, by reason of the press-
ing local demand to meet the advance of General Tay-
lor, with the forces of the United States on the Rio
Grande, at the breaking out of the war with Mexico,
was unsuccessful. While thus engaged, he was assigned

214 THE MILITARY OCCUPATION'

by Governor Trias to the command of the garrison at
Chihuahua and served for several months in that ca-
pacity. Upon his return to New Mexico he was detailed
on the general staff of the Governor and Commanding
General of the department for duty at headquarters,
and thus served unjtil the near approach of the Army
of the West under General Kearny, in August, 1846,
made his presence in the field necessary.

Volunteers had promptly responded to the call of
General Armijo, which, with the dragoons and garrison
troops in camp at and near Santa F6, augmented his
forces to four thousand men. Most of this force was
mounted and all provided with arms and ammunition.
With the approach of the troops under General Kearny,
Armijo concentrated his command in the Apache Can-
yon and in the mountains to the southeast of Santa F£,
a location most admirably chosen for purposes of de-
fense. General Armijo had proclaimed at public meet-
ings and elsewhere, when the subject of ways and
means was being discussed for repelling the advancing
army from the east, that he was willing to sacrifice
his life and property in the defense of his country.
The troops of Armijo had all gathered at the Apache
Canyon, as contemplated, and Captain Vigil was giving
his cordial co-operation and support, very properly
believing their position impregnable, under a deter-
mined stand and intelligent direction.

Word finally came that the American army, fifteen
hundred strong, was only five leagues distant. General
Armijo immediately summoned a council of the officers
of the regular troops. He was told, as he had been
previously by a council of the volunteers and citizens,
"that they should march at once, meet the enemy and

OF THE TERRITORY OP NEW MEXICO. 215

give them battle; which being made known to the
troops was received with shouts and acclamations of
pleasure." Whereupon Armijo responded that he had
resolved to advance; but as soon as the citizens had
retired, he ordered the dragoons to countermarch, tak-
ing with them the artillery, of which he had three
pieces. His object soon being apparent, to the protests
of the officers, he responded with gross abuse, telling
them, among other things, that they were cowards, and
that he would not risk a battle where the only disci-
pline and experience of a large portion of the men was
that gained in fighting Indians. He was told that
"he knew the character and discipline of his men as
well before as after ordering them out! They had all
expressed their willingness to fight and it was his duty
to lead ! If it was not his purpose to engage the enemy,
why had he ordered them in the field?"

It was all to no purpose, however. He ordered all,
except the dragoons, to return to their homes. The
latter were ordered south, following the line of the
mountains south of Santa F6 to the valley of the Rio
Grande. General Armijo, with a body guard of
dragoons, took the advance for Chihuahua. It had
been determined, in the event of retreat becoming neces-
sary, that Captain Vigil should accompany General
Armijo as far as Socorro. Under the circumstances,
he peremptorily declined, not choosing to subject him-
self and men to the caprice of one who had just proved
himself so much of a poltroon, notwithstanding the
generally pleasant relations existing between them in
the past.

Keenly feeling the disgrace to his country in the
conduct of Armijo and the hopelessness of stability

216 THE MILITARY OCCUPATION

under the Mexican government ; aggravated by a knowl-
edge of the shameless peculations of those in control
of the government, and the chronic oppression which
rested upon the masses of the people, Captain Vigil
naturally concluded there might be relief for his people
in the coming of the army of the United States. He
naturally loved liberty for liberty's sake. He realized
that the reforms under the Republic of Mexico, so often
promised, would never be realized. His familiar inter-
course during the generation previous with the Santa
F£ trader, with "Americans" fresh from the "States,"
doubtless contributed to the determination of his
course. Pride pointed in one direction; duty in the
other. The latter prevailed and he promptly resigned
his commission as Captain, to submit to what was not
only best for his people, but to the then inevitable. His
first act, following his resignation, was to consult with
his friends and counsel non-resistance and to prepare
a proclamation or address to the people assuring safety
in person and recommending a yielding to the forces
of the United States. This proclamation was signed
by the Secretary and acting governor and published.
The present effect was to allay fears and the staying
of any power for evil which otherwise might have been
possible under the lead of some of the ambitious men
at that time living at the capital. There is small doubt
that the occupation of the Capital by General Kearny,
without the loss of life in bloody conflict was largely
due to the sagacious foresight and patriotic action of
Captain Vigil.

There is also some significance in the fact that
Juan Bautista Vigil y Alarid, a cousin of Donaciano's,
the last Secretary under the Mexican government, and

OF THE TERRITORY OP NEW MEXICO. 217

after the flight of Armijo, the last executive, formally
turned over the city to General Kearny, took the oath
of allegiance to the government of the United States
and continued to act as secretary up to the formal
promulgation of the civil government, under the code
of laws prepared by General Kearny, on September 22,
1846, and the appointment of civil officials.

Charles Bent, an American merchant, who for
many years had been familiar with the country, the
people and their language, his wife a native of the
country, was very properly selected for chief execu-
tive. Next in rank was the Secretary of the Territory.
For this office Donaciano Vigil was selected, as not only
having given the highest evidence of his friendship for
the United States government, but as combining the
qualities of natural love for liberty, popularity among
the masses of the people, and ability. His perfect
familiarity with the country, the people and its re-
sources made him of the highest possible advantage in
council and to General Kearny and his successors.

His subtleness in discovering conspiracy became
proverbial, and brought down on his devoted head mob
violence and a necessity for guarding his movements.
For a time a guard was regularly detailed for service
at his office, and for nearly two years his friends would
not permit him to appear on the street without an eye
to surroundings. The plot of December, 1846, for an
uprising against the new government was by him dis-
covered, and, as a consequence, at the time defeated.
In like manner other plots were discovered and de-
feated. In this he was materially aided by the "com-
mon people," who remained from the first his steadfast
friends. Nothing seriously detrimental to the new gov-

218 THE MILITARY OCCUPATION

eminent was ever attempted during the time he was
connected with the Territorial government but what he
was advised of the movement in advance. The people,
in contradistinction to the leaders and their immediate
friends, were specially interested in the permanent
establishment of the new order of things. Under the
new the}' had everything to gain; with the old there
was nothing to hope for.

In January, 1847, disturbance seemed imminent at
Taos ; the malcontents had succeeded in stirring up dis-
content and dissensions among the Pueblo Indians and
the more ignorant and vicious classes in remote dis-
tricts. Governor Bent thought to allay the growing
storm by appearing in person among those with whom
he had lived for years, never doubting that his personal
influence would be equal to any emergency.

His friends sought to prevail upon him not to go
to Taos until the troops could be sent with him. Secre-
tary Vigil advised him that his undertaking was rash,
and begged him not to think of it. Governor Bent per-
sisted, however, and the result was a verification of
their worst fears. The sad intelligence soon returned
of his assassination, and that the storm of insurrection
had come and was rapidly spreading. The regular
troops that could be spared from Santa F£, with a con-
siderable force of volunteers, immediately took up the
line of march to the seat of war. The troops were met
near Canada by the insurgent force, where, after a
battle lasting all day, they were defeated and driven
to Embudo, and from that place to Taos, where a stand
was made for a time, but were finally given a crushing
defeat.

OF THE TERRITORY OF NEW MEXICO. 219

Secretary Vigil, by virtue of his office, succeeded
Governor Bent, and a few months later was appointed
governor, as appears from the following order :

"Headquarters Ninth Military Department,

"Santa F£, December 17, 1847.
"General Orders No. 10.

"Lieutenant Governor Donaciano Vigil is hereby
appointed Civil Governor of the Territory ' of New
Mexico.

"By order of Brig. Gen. S. Price.

"W. E. PEINCE,
"A. D. C. and A. A. Adj't Gen."

The appointment was confirmed at Washington,
and Governor Vigil remained the chief executive of
New Mexico until the office was merged into that of
the Department Commander, following the cessation
of hostilities. Among the first acts as governor was
the issuing of a proclamation deprecating the assassi-
nation of Governor Bent, and bidding for the appre-
hension of the chief conspirators.

It was contemplated in the proclamations of Gen-
eral Kearny that New Mexico should have a Legislative
Assembly, and, in accordance with this idea, in re-
sponse to repeated petitions from many sources, in the
summer of 1847, Governor Vigil issued a proclamation
for an election. Members were elected and the first
deliberative body convened in New Mexico, under the
United States government, met at Santa F£ on the 6th
day of December, 1847, on which date Governor Vigil
delivered his first message.

This message, coming as it did from a native of the
country, can not be regarded as otherwise than memor-

220 THE MILITARY OCCUPATION

able. It is a document that will ever be read with
interest, particularly for its comprehensive and ethical
spirit.

Not the least feature is that contemplating "free-
dom from revolutions and internal dissensions, the
security of person and property" and the prosperity
that must follow.

Among the subjects treated which will be appre-
ciated by those familiar with the gross irregularities
ingrained in society and the entire administration
under the Mexican government, he calls attention to
the necessity of limiting and defining the powers of pre-
fects and the holding of these officials to a stricter
accountability in the handling of public funds; the
necessity for some provision of law to prevent the de-
frauding of the revenue and also the defrauding of the
Pueblo Indians; that cemeteries should be left to local
control, open to all and to optional religious cere-
monials at burials, and a more equitable distribution
af the water for irrigation, whereby the poor man, with
his small tract, should be placed on an equality with
the rich man and his broad acres.

A large portion of the message is devoted to educa-
tion; to the almost entire absence of schools, of their
imperative necessity among a free people, and advocat-
ing such legislation as would secure free schools for the
masses. On this subject Governor Vigil said : "In the
contemplation of the institutions of a free people by
those who do not enjoy the same benefits they perceive,
as by instinct, that they, too, have rights, and they
meditate over it until they assert them, value and enjoy
them. It is only through the diffusion of knowledge
that a people are enabled to follow the example of those

OF THE TERRITORY OP NEW MEXICO. 221

nations whose wise policy shows itself in the higher
intelligence and happiness of its people. The world
generally is progressive, and how can we avail ourselves
of the advancement unless the people are educated?"

Governor Vigil was found on the side of the people
as against the imperious exactions and oppressions of
the priests, as well as against those of the politicians,
both of whom were alike resting as an incubus upon
the country in 1846, rock-rooted and moss-grown, in
contradistinction of the most sacred rights and privi-
leges of humanity, by the authority and prestige of
nearly three centuries of church and state combined.
Not only his voice, but his pen, were frequently brought
to this service, as sundry pamphlets and newspaper
articles still extant attest. He found no fault with the
people for their unfortunate surroundings. He re-
garded the situation as the result of a vicious system,
for which they were not responsible, and which was
their misfortune.

He had an abiding faith that, with enlarged pow-
ers, with education, as free men, they would relegate
this system to the rear and, in the end, entirely free
themselves from their oppressors. He freely sought to
impress upon his people their duties, under the en-
larged powers coming with the government of the
United States, together with the right of free discus-
sion. He had no concern for that sentiment which is
expressed in "there are many things which, however
well they may be known, must never be mentioned,"
when applied adversely either to the state or to the
material interests of society. He believed with the old
reformers that the best safeguard of a free people un-
der a free government was free speech and free dis-

222 THE MILITARY OCCUPATION

cussion. On this account, in all his acts as an official,
he was constantly grappling with and laying bare
whatever affected human rights adversely; confront-
ing alike all leaders, whatever their cast or profession,
whenever their influence was cast in derogation of lib-
erty, either in the person or the conscience.

Governor Vigil lived to see his hopes and predic-
tions largely consummated. The population of New
Mexico more than doubled from the time of the coming
of Kearny until his death. Educational facilities were
extended. The nomadic Indian tribes were no longer
a terror to the border settlers. Mail routes and tele-
graph lines stretched in every direction, and the rail-
road had already touched the northern boundary line
of the Territory. The old "Santa Fe Trail" had passed
into history.

On the llth day of October, 1848, Governor Vigil
was succeeded by Lieutenant Colonel Washington, as
civil and military governor and commandant of the
department. By request, Governor Vigil accepted a re-
appointment as Secretary of the Territory, and in this
capacity continued to serve the Territory with the same
interest and efficiency as in the past, and until the for-
mal organization of the Territory on the 3rd day of
March, 1851.

A convention had been called to consider the form
of government desirable, and whether with or without
slavery. This convention met at Santa F£ the day fol-
lowing the inauguration of Governor Washington. The
late governor had been elected a member of this con-
vention from Santa F£. Here, again, when the now
well known fact is considered that the acquisition of
New Mexico and California had as a special object

OF THE TERRITORY OF NEW MEXICO. 223

with some of the statesmen of the day the formation
of several additional slave states, the power and influ-
ence of Governor Vigil was felt for the good of the
entire people. In the committee to draft a memorial
to congress, of which he was a member, he proved to
be the controlling spirit, securing the insertion in and
adoption of a report declaring distinctly in favor of
a "Territorial civil government/7 and that "We do not
desire to have domestic slavery within our borders."
The report of the committee was adopted and finally
signed by every member of the convention. He was
also opposed to the peonage system.

When Chief Justice Grafton Baker was about
holding the first district court at Santa F6 under the
organic act, it was the intention to use the Castrensa or
military chapel, then located on the south side of the
plaza, for a court room. This was an act wherein
Governor Vigil felt that the rights or ancient usages
of the church and of the people were being unneces-
sarily trampled upon. It came to the attention of the
court on the empaneling of the grand jury. Governor
Vigil, being one of the number summoned, objected to
being sworn, for the reason that "the court was being
held in a place consecrated to sacred objects; that the
forefathers of himself and many others present were
there buried ; that with all due respect to the civil au-
thority he protested against the use of the chapel for
civil purposes, and begged to be excused from serving
the court where he could not help feeling that he was
treading upon the ashes of his ancestors." His protest
and request were deemed reasonable and were re-
spected, and a room in the old palace was assigned for
the use of the court thereafter.

224 THE MILITARY OCCUPATION

With the establishment of the diocese of Santa
F£ in 1850 and the coming of Bishop J. B. Lamy, with
the radical changes following, also came in time for-
midable opposition from the old clergy and their ad-
herents, in one instance, at least, resulting in riot and
violence. Here the good offices of Governor Vigil were
again made manifest in allaying asperities, counseling
moderation and in a final yielding to the new episco-
pate authority. Thus was Donaciano Vigil — ever aim-
ing to be just, whatever the interest affected, whether
that of the people, the government, of religion or of the
clergy.

Under the organic act he was elected repeatedly
to the Legislative Assembly, and was a member, re-
spectively, for the House, first session (1851-1852) ; to
the Council of the seventh, eighth, thirteenth and four-
teenth sessions, the last being in 1864-65.

In legislative matters Governor Vigil was as much
the "watchdog," so to speak, as could be imagined.
He was dreaded in the partisan or factional caucus,
and, as a consequence, was sometimes left out when
some sort of legislative jobbery was contemplated. A
politician of the predatory sort once said of Governor
Vigil : "Oh ! He is a nice, clever old gentleman, but
rather impracticable from my point of view. I always
noticed, when he was a member of the assembly, that
when any matter of 'special importance' was under
consideration at any of the 'juntas,' that he was liable
to be left out." The "old gentleman" could not have re-
ceived a higher compliment. He was known to be fair
and honest. In politics, up to 1855, he had generally
been with the Democratic party. After that time he
took no really active part in politics, but always re-

OF THE TERRITORY OF NEW MEXICO. 225

mained a firm friend of the Union and the government.
At no time in his official career can he be said to have
been a partisan.

In May, 1853, he, with Samuel Ellison, was com-
missioned by Governor William Carr Lane to proceed
to the Navajo country to procure certain captives, and
incidentally secure, if possible, the return of certain
stock that had been stolen. This commission was very
successful, securing the restoration to their friends of
a number of women and children, although at first the
Indians maintained a very defiant attitude. His last
official position was that of school director in San
Miguel county, under the school law of 1871-'72. While
the infirmities of age made it quite impossible to be
very active, he retained a lively interest in public
schools to the very last. He was always watchful of
the course of legislation in educational matters.

During the war of the rebellion he was a staunch,
uncompromising Union man. In person he was tall
and stately, a powerful frame, and very dignified. He
was very cheerful in conversation and was always
courteous and kind. At sight he impressed others as
being a person of no ordinary character. He was very
liberal in his charities; for months at a time, while
Secretary and Governor, he dispensed the larger por-
tion of his salary to the poor, although himself a very
poor man. All the old residents agree as to his uni-
form integrity, courtesy and high sense of honor.

In 1849 Governor Vigil was asked by Colonel John
Munroe, at the time commander of the ninth military
department, what were his feelings toward the Mexi-
can government, when resigning his commission and
recommending his people to submit to the forces of the

226 THE MILITARY OCCUPATION

United States. Governor Vigil replied : "I felt very
much as a son would feel towards a father who had
given him little or no attention in his youthful days,
except as he exacted his hard earnings, and left him
to shift for himself when in trouble."

Governor Vigil died at the residence of his son,
Epifanio, in the city of Santa F£, on Saturday, the
llth day of August, 1877, at 6 :45 a. m., aged 75 years.
A combination of asthma and hernia, wThich had trou-
bled him, more or less, for many years, doubtless was
the immediate cause of his death. He retained his
faculties to the last, expressed resignation to his fate
and expired Avithout a struggle or convulsion.

There are no two opinions as to his high character,
patriotism and sagacity. His power and influence were
that of the man, not of wealth or family. All joined
in paying tribute to his memory. The response to the
proclamation of the governor, announcing his death,
and calling a meeting at the legislative hall to pay the
honors due at the obsequies of the illustrious deceased,
was responded to promptly and generally, but particu-
larly by those who had longest known him. The old
citizens, the civil and military officers, the 'merchants,
the native and eastern population, everybody, turned
out on short notice. It was by far the largest and
most distinguished gathering ever witnessed in New
Mexico. It was the hearty acknowledgment and trib-
ute of man's best nature to a late distinguished citizen,
officer and true man. His remains lay in state, draped
with the flag of his adopted country, in the old Palace,
just where he had been almost uninterruptedly for half
a century, intimately and honorably associated with
the affairs of New Mexico. A military guard was in

OF THE TERRITORY OP NEW MEXICO. 227

attendance, detailed from the military headquarters of
the district, and flags were at half staff at the executive
office, the post and at military headquarters. The
obsequies were held at the cathedral and an immense
concourse of friends, military and civil officers and
citizens generally followed the remains to the grave.

The history of the career of Donaciano Vigil, the
firm friend of liberty and humanity, belongs to the
people of New Mexico. His is a record of which the
people may be proud ; a record which all lovers of free
government will the more delight to honor as time
elapses and his distinguished merits are best under-
stood. It is a record which the native son of New
Mexico should ever try to emulate.

A very large public meeting was held in Santa F6,
on the day of the death of Governor Vigil, called by the
proclamation of the governor. This meeting adopted
resolutions, prepared by Hon. Stephen B. Elkins, which
show the esteem in which the late governor was held by
the people with whom he had lived for seventy-five
years; the resolutions follow:

"WHEREAS, The people of New Mexico, being de-
sirous of recording the high appreciation of the great
worth of Donaciano Vigil, as a citizen and official, and
bearing testimony to his many virtues ; therefore, be it

"Resolved, That the people of New Mexico have
received, with deepest regret, the sad intelligence of
the death of Governor Donaciano Vigil, who, for more
than fifty years, was a distinguished and worthy citizen
of the Territory.

"Resolved, That it is with sorrow we part with the
deceased, distinguished for his administrative ability,
his perfect integrity, just in the exercise of his preroga-

228 MILITARY OCCUPATION OF NEW MEXICO.

tives, when governor of the Territory ; respected by all,
beloved for his kindness of heart, his memory will con-
tinue green with his friends and the people, as one who
was the type of a perfect gentleman.

"Resolved, That while we bow our heads in humble
submission to the unerring will of Providence in sever-
ing a tie so closely welded by long years of intimacy
with the deceased, in a frontier Territory, so incident
with danger and severe trials during many years of his
life, we tender our sincere sympathy and condolence to
his family, assuring them that the entire community
shares with them in their great loss ; be it further

"Resolved. That a copy of these resolutions, with
the proceedings of the meeting, be furnished the family
of the deceased, and published in all of the papers of
the Territory."

Willard P. Hall.

WILLARD PREBLE HALL.

Willard Preble Hall was born at Harper's Ferry,
Virginia, May 9, 1820. He was of Puritan descent,
his ancestors having emigrated to Massachusetts from
England in 1634. In his ancestral lines, both paternal
and maternal, were many of the eminent judges, laAV-
yers and divines of England. His father was a man
of remarkable mechanical and scientific attainments,
and a celebrated inventor. His preliminary education
was had at Baltimore, Maryland, and he graduated
from Yale college in the class of 1839 — the same class
in which were William M. Evarts and several other
eminent men.

In 1840, he came to Missouri and studied law with
his brother, Judge William A. Hall, of Randolph
county. In 1841, he moved to Platte county, and set-
tled at Sparta, the county seat. A glimpse of him as
he was then is given by an old resident of Platte City,
with whom he stopped over night on his trip from Ran-
dolph to Sparta. He described him as a pale, delicate
youth, dressed in blue jeans, mounted on a pony, with
a pair of leather saddle bags, containing his wardrobe
and library. In 1843, he moved to Saint Joseph, which
was his home during the remainder of his life.

He stepped into immediate prominence in his pro-
fession and in politics. In 1843, he was appointed cir-
cuit attorney, succeeding a very capable officer. Gen-
eral Doniphan, speaking of him at this period, says :
"He succeeded at once. System and order and logical
arrangement were natural with him. He had the crim-
inal law, and especially the statutes of the state, at his

MILITARY OCCUPATION OF NEW MEXICO. 231

fingers' ends, and could refer readily to them in a
moment's time. Plain and simple in his manners as
a child, naturally frank and easy with everyone, he
soon became a favorite, and from his youthful appear-
ance, even a pet with his older friends. He was a very
efficient and a very conscientious officer. He prevented
grand juries from presenting anything that could not
be sustained, and prosecuted, with great energy, those
he believed guilty.

In 1844, he was one of the candidates on the Demo-
cratic electoral ticket, and canvassed western Missouri
north of the Missouri river on behalf of Polk and
Dallas, and the annexation of Texas. Doniphan was
the AVhig candidate for the same office, and was always
his antagonist in this canvass. To those who knew
what northwest Missouri was in those days, and what
Doniphan was in his prime, it would be unnecessary,
to those who did not know them it would be impossible,
to explain what it meant for this stripling of twenty-
four years to meet that matchless orator before a peo-
ple who loved and honored him as Doniphan was loved
and honored in northwest Missouri. How well he
maintained himself in the contest is best shown by the
fact that he won the unqualified praise and admiration
of Doniphan, and as the result was made the nominee
of his party for Congress, in 1846, over the heads of
many able veterans of his party.

The great issue in the canvass of 1844 was the
question of the annexation of Texas. In his canvass
for congress in the spring of 1846 Mr. Hall was taunted
with the fact that the policy of annexation which he
had advocated had plunged the country into war with
Mexico. Possibly, in the heat of debate, he had made

232 THE MILITARY OCCUPATION

some pledges; but at any rate, he made proof of his
good faith in his principles by volunteering as a private
for service in the war. His company formed a part of
Doniphan's command in his great expedition across
the plains and through New Mexico, conquering the
country as he went, until he joined the army of General
Taylor in Old Mexico; a military feat which stands in
history comparable alone Avith the retreat of the ten
thousand Greeks recorded by Xenophon in the Ana-
basis. While the command was at Fort Leaven worth,
preparing for its march, people from all parts of Hall's
district came to the fort, bringing horses and mules
and cattle, and other supplies for the army, and there
they saw their young candidate, clad in the garb and
performing the menial services of a private soldier,
unloading the stores from the boats and placing them
in wagons. When they returned to their homes, the
story of his conduct was told all over the district, and
the hearts of the people were touched to such an extent
that, although he appeared no more in the canvass,
when the election came on in August, he was chosen to
congress by a majority of three thousand out of less
than ten thousand votes.

After the conquest of New Mexico it became neces-
sary to establish a government over that territory, and
for that purpose to frame a code of laws adapted to
its condition. General Kearny, the commander, de-
tailed private Hall from the ranks to do the work in
connection with Doniphan. Together they prepared
the code which General Kearny afterwards proclaimed
as the established military law of the territory, and
which was afterwards again adopted as the Territorial
code, and remained for forty-five years the fundamental

OF THE TERRITORY OP NEW MEXICO. 233

law of the Territory. No one who knew Hall and Doni-
phan, and the capacity of the former and the disin-
clination of the latter for this kind of work, will doubt
that much the greater part of the labor was done by
Hall. And Doniphan often said that the work was
mainly Hall's. It was certainly a most remarkable
duty to which this private soldier was detailed, to write
laws that were to govern the conquered country. The
code made a small volume, and on the 115 scanty pages
is printed in both English and Spanish this entire body
of laws, and it would be impossible to find anywhere
so complete and perfect a system of laws in many times
the space covered here. Here we have a bill of rights
announcing the great principles of civil and religious
liberty, which are repeated over in all our constitutions,
and have passed through the hands of the greatest
statesmen of Europe and America; but here we find
them, amended and strengthened in expression, more
complete and more beautiful than anywhere else. Ex-
amine this book and mark the evidences it contains of
ripened and mature scholarship and statesmanship,
and then — remembering that it was prepared, in a few
days' time, amid the turmoil of camp, by a youth of
barely twenty-six years, whose short, active life had
been passed on this far Western Border, much of it in
the saddle, in the midst of legal and political conflicts
—to thus determine Avith what equipment of native
ability, of acquired scholarship and experience, this
young man set out on his career.

Colonel Hughes, in his history of the .Doniphan
Expedition, tells us that one day as they were engaged
in preparing this code in Santa F6, General Doniphan
entered the room and announced to Hall the fact of

234 THE MILITARY OCCUPATION

his election to Congress. This was in August, 1846.
He was immediately relieved from further duty as a
soldier, but voluntarily accompanied Colonel Phillip
St. George Cooke to California, returned to Missouri
the next spring, and took his seat in Congress the fol-
lowing winter.

He was twice re-elected to Congress and then de-
clined further election. He acquired a high reputation
in Congress as a working member.

At the end of his congressional service he returned
to Saint Joseph and remained there in practice until
1861. In the winter of 1861 the Governor of Missouri
and the legislature, which was in session, were both
strongly in favor of seceding and joining the Southern
Confederacy, and for this purpose an act was passed,
calling an election to be held in February of that year
to choose delegates to a State convention^ the purpose
of which, as stated in the act, was "To consider the
then existing relations between the Government of the
United States, the people and the government of the
different states, and the government and people of the
State of Missouri, and to adopt such measures for vin-
dicating the sovereignty of the state, and the protection
of its institutions, as shall appear to them to be de-
manded.''

Mr. Hall was elected to that convention as a Union
man. In early life he had belonged to the extreme
Southern wing of the Democratic party, but in 1861
his views had materially changed, and the great issue
of that day found no stronger Union man in Missouri
or elsewhere than Willard P. Hall. The convention
met in due time, and instead of passing an ordinance
of secession, as it was expected to do, resolved almost

OP THE TERRITORY OF NEW MEXICO. 235

unanimously that Missouri had no just cause for seces-
sion.

On July 30, the offices of Governor and Lieutenant
Governor were, by ordinance of the convention, de-
clared vacant, and, on July 31, Hamilton R. Gamble
was chosen Provisional Governor and W.illard P. Hall,
Lieutenant Governor. It was then only intended that
this government should be provisional and temporary
until an election could be held, which was ordered for
the following October. But the condition of affairs
continued to be so disturbed that an election was
impracticable, and this provisional government re-
mained in control during the entire war in Missouri.
Governor Gamble was in feeble health most of the time,
and often absent from the state for weeks and months,
and died early in 1864. He was succeeded by Mr. Hall
as governor. The burdens of the administration, there-
fore, were thrown very heavily upon Hall's shoulders
during the entire period.

This provisional government was instituted to
maintain law and order. All the criminal and dis-
orderly elements of society, which became so numerous
and so defiant in war, knew it for their enemy and
fought it with a rage and hatred that was not exceeded
by that of the secessionists. It stood for civil govern-
ment and law, entitled and bound to maintain its right-
ful superiority over the military power, and thus it was
a constant check and curb on the military officers who
operated in the state, aroused their jealousy and met a
very general opposition from them. It was almost
destitute of financial resources. It had many active
foes and few active friends, but those few were a host
indeed, the ablest, truest and best men who ever lived

23G THE MILITARY OCCUPATION

in Missouri; and over and above all, it had the great
weight of the countenance and confidence and support
of Abraham Lincoln. It carried the flag of the State
and the Nation. It was the ark of public safety in
Missouri. With Gamble and Hall as navigators, it
found its way through the storms and tempests of those
terrible years, and brought its priceless cargo safe to
shore. But, at the close, Gamble, worn out, lay dead
in his grave, and Hall looked back on the weary waste
he had passed over, the long succession of days and
months and years of toil and vexation, wrong and
abuse, and bitterness of soul, unrelieved by any evi-
dence of gratitude or appreciation on the part of the
great majority of the people.

In January, 1865, he was succeeded as governor by
Thomas C. Fletcher.

The statesmanship, fortitude and self-sacrificing
devotion of Gamble and Hall, during this period, en-
title their names to a record in letters of gold on the
fairest page of the history of the State. He turned
away from official life and from public affairs to devote
his remaining life to the profession he loved so well
and for which he was so eminently fitted. For nearly
twenty years he followed it, practicing in all the State
and Federal courts.

He was a remarkably fine and accurate general
scholar, and he kept his classical learning, his Greek
and Latin, so fresh that he was able to fit his son for
Yale college. His manners were frank and simple, al-
ways precisely the same, whether greeting a supreme
judge, A president, a cabinet minister, or one of his
fellows at the bar. In this simplicity of demeanor and

OP THE TERRITORY OP NEW MEXICO. 237

address there was recognized a dignity which was the
more impressive the better he was known.65
He died November 3, 1882.

c5This account of the life of Willard P. Hall is condensed
from a paper read by John C. Gage before the Kansas City
Bar Association, February 8, 1896.

General Diego Archuleta.

DIEGO ARCHULETA.

Diego Archuleta was born in the county of Rio
Arriba, New Mexico, on the 27th day of March, 1814,
at Plaza Alcalde. He received a portion of his educa-
tion in the public school and with Fr. Antonio Jose
Martinez. He journeyed to Durango, when a boy,
where he studied eight years, preparing himself for
the priesthood. He received the four minor orders
requisite for that purpose, but finally relinquished the
idea of becoming a priest, and, in 1840, returned to the
Territory of New Mexico and settled in his native
county of Rio Arriba. Shortly after his return he was
commissioned a captain of militia by the Mexican gov-
ernment, and in the invasion of New Mexico by the
Texas-Santa Fe Expedition he commanded a body of
troops and assisted in the capture of the Texans. In
1843 he was elected a Deputy to the National Mexican
Congress from New Mexico, and served with honor for
two years, returning to New Mexico in 1845. While
serving as a member of the Congress in Mexico it is
said that he prophesied the construction, at no then
distant period, of a line of 'railway from the middle
west of the United States of America to the Pacific
Coast. In recognition of his distinguished services as
an officer of the Mexican army he was decorated with
the golden Cross of Honor and presented with a di-
ploma or certificate declaratory of his valiant conduct
in preserving the integrity of Mexican territory.

At the time of the coming of the Army of the West
under General Kearny he was next in command of the
military forces of the Territory of New Mexico to Gen-

240 MILITARY OCCUPATION OF NEW MEXICO.

eral Manuel Armijo, and was urgent in his demands
that the invasion be met with prompt and effective re-
sistance. No resistance, however, was made either by
Armijo or Archuleta, the latter being a colonel and
second in command. The reasons for this lack of de-
throw of the government at Santa Fe under General
Armijo were never fully understood by the people of
New Mexico. After the war Armijo was tried at the
City of Mexico for cowardice and desertion in the face
of the enemy; witnesses were summoned from New
Mexico for the prosecution, but Armijo was acquitted
of the charges against him. The secret history of the
causes leading to the flight of Armijo and the dis-
persing of the troops under his command, at least
twenty -four hours before General Kearny reached the
Apache Pass, is told by Senator Thomas H. Benton,60
who states that at the time of the fitting out of the
expedition known as the Army of the West, wMth Gen-
eral Kearny in command, there was a citizen of the
United States, long a resident of New Mexico, on a
visit of business in the Capitol at Washington, by
name James Magoffin, a man of mind, of will, of gen-
erous temper, patriotic and rich. Magoffin knew every
man in New Mexico and his character, and all the lo-
calities, and could be of infinite service to the invading
force. Mr. Benton proposed to Magoffin to go with the
expedition, to which he agreed. Magoffin was taken
before the President and Secretary of War and the ar-
rangements were made. After leaving Bent's Fort, on
the Arkansas, Magoffin was sent ahead with a staff
officer (Captain Cooke), the latter charged with a mis-
sion, Magoffin charged with his own plan, which was

""Thirty Years' View, Val. II, pages 682, 683 and 684.

SELLO SEGVXDO M » DOCE RE ALES.

Para los anus de mil ™L §jjj ochocientoa cuarenta

y mil ochocientos ^Ji^ ^glF cuarenta y uno.

EL INFRASCRITO MINISTRO DE ESTADO

y del Despacho de Guerra y Marina.

JL or cuanto en Decreto de 28 de Agosto de '1840, y en two At
la facultad que concede al Gobierno el Congreso National en el
de 26 del mismo met y ano, se ha concedido una Cruz de honor
a los Generates, Gefes y Oficiales que han combatido en t

y habiendo acreditado el Ciudadano

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f?A*Ht f/t ^TKttT i f/Artt-o SPrwr-a /rr? &tv*ffu*e*v? ^ v*&faf e+, / 6 J/ /

f &•**« f#*.r*ut-f: t/^jf*,*/ /* S/s/,,,^.* #rs*~ ^ /7 j*
SuHv/y. /, ft*ritft*»£*'fHtM!i# a ' & af^/wuKr fJf? t/ aeen'MA, JL
estar comprendido en el expresado pnmer Decreto; el Exmo.
sidente ordena que se ,le expida el presente Diploma, per el cual po-
drd usar de tan honnrifico distintivo, conforms al modelo que exis-
te en la Plana mayor del Ejercito y Dirccciones retpectivas, a don-
de se tomard razon de este documento que se le otorga como un tet-
timonio de su valor, fidelidad y patriotism). Dado en Mexico & i"*~-
-?? vw-'— de »£)sti'&>tJz^)dc mil ochocientos cuarenta y t*»*.

Cruz de honor .//i#?fmt*ja &< ct&tJv, <*ut /*w /

MILITARY OCCUPATION OP NEW MEXICO. 243

to operate .upon General Armijo and prevent any re-
sistance to the American advance. This was accom-
plished. Armijo agreed to make no defense of Apache
Pass. But Colonel Archuleta, second in command, was
determined to fight, and threats of the assassination
of the commander in chief were freely made by officers
of his command.67 It was necessary to make some ar-
rangement with Colonel Archuleta. He was of an en-
tirely different mould from Manuel Armijo, and only
accessible to a different class of considerations— those
which addressed themselves to ambition and power.
Magoffin knew the side upon which to approach him.
It so happened that the understanding among all was
that Kearny's intentions only covered the conquest of
that portion of New Mexico lying east of the Eio
Grande. It was represented to Archuleta that Kearny
would leave the country to the west of the Bravo un-
touched. He was advised and recommended by Magof-
fin to issue a pronunciamento and seize that portion of
the country for himself. The idea suited Colonel Ar-
chuleta. He knew the strength of the United States
and was only too well aware of the weakness of Mex-
ico. He agreed not to fight. The army which had
gathered at the defile dispersed, none knowing exactly
why. General Kearny occupied the capitol, and the
conquest was complete and bloodless.

Colonel Archuleta complied with his part of the
contract. Magoffin had been sincere in his representa-
tions, but General Kearny had other orders and took
possession of the whole country, and moved on with a
part of his force to California. Archuleta, deeming

"Statement made to writer by Don Nicholas Pino, of
Galisteo, N. M.

244 MILITARY OCCUPATION OF NEW MEXICO.

himself cheated, determined upon a revolt. Colonel
Archuleta organized the first conspiracy for the over-
throw of the government at Santa F£ under General
Sterling Price, who had been left in command by
Kearny. This attempt was discovered. Together with
other prominent Mexicans, within thirty days after the
discovery of the first, he organized another conspiracy,
which resulted in the death of Governor Bent and
others, but which was put down by the American forces
inside two weeks. Archuleta fled, but he was after-
wards invited to return to the Territory, and upon tak-
ing the oath of allegiance was admitted to the friend-
ship and confidence of the authorities at Santa F6.

In 1857 Colonel Archuleta was United States In-
dian agent for the Southern Utes and the Apaches,
which position he held for five years. In 1861 he was
placed at the head of a regiment of auxiliaries, with
the rank of lieutenant-colonel, and was stationed for a
time at Fort Union, and again, during the administra-
tion of Abraham Lincoln, he was named as Indian
agent for the Utes, Apaches and Jicarrillas. In the
same year he was commissioned a brigadier general
by Governor Henry Connelly; inasmuch as this com-
mission bears the signatures of four of the most dis-
tinguished New Mexicans of that period, a reproduc-
tion of the same is given. For fourteen years he was
a member of the legislative assembly of the Territory
of New Mexico. He was a candidate for the Thirty-
seventh Congress of the United States, but was de-
feated by John S. Watts. He was the first man to
transport a family carriage across the Great Plains.
He was the son of Juan Andres Archuleta, a prominent
and wealthy citizen of Rio Arriba, and in 1841 was

Don Diego Archuleta, Santa Fe, N. M., 1884.

O *

—

>-•

o
O

i *

i 1

f i

i i ;

MILITARY OCCUPATION OP NEW MEXICO. 247

married to Jesusita Trujillo, and there were seven
children of the union. He died at Santa F6, while a
member of the Legislative Assembly of 1884, of heart
failure. On the 20th of March, 1884, while engaged
in his duties as a member of the legislature, on the
floor of the house, he was taken suddenly ill. He was
taken to the home of Don Rafael Lopez, where he was
stopping, and on the following day rallied consider-
ably, and a very important measure being under con-
sideration in the House, he was assisted to his ac
customed seat in order to cast his vote. He remained
only long enough to perform this duty and was taken
to his apartments, where the utmost care and attention
were shown him; every known medical treatment was
brought to bear on his case but, despite all efforts, he
continued to sink and grow worse until death came to
his relief. His death was not altogether unexpected.
The House of Representatives met and adjourned after
passing appropriate resolutions and designating
proper committees to look after the details of the
funeral obsequies. The Council also met and passed
similar resolutions. His remains were removed to the
hall of the Society of St. Francis; thence they were
taken to the Church of Our Lady of Guadalupe, where
mass was said, when they were again removed to the
St. Francis Hall, being finally taken to the Hall of the
House of Representatives, where they lay in state until
the day of the funeral. On the day of the funeral na-
tive and American citizens alike assembled in vast
numbers, performing the last honor to the dis-
tinguished statesman. The procession which followed
the remains to their last resting place in the Catholic
cemetery was one of the largest ever seen in the City

248 MILITARY OCCUPATION OF NEW MEXICO.

of Santa Fe. The 22d Infantry Band of the United
States Army led the procession, which included the
General commanding the District, Brigadier General
D. S. Stanley, his staff and other officers of the U. S.
Army, stationed at Santa F£, the members of the legis-
lative assembly, the county commissioners, secret and
patriotic societies, it being estimated that over two
thousand five hundred people marched in the proces-
sion.

Diego Archuleta was an intense patriot and his
following was large and enthusiastic. He bitterly op-
posed the American occupation, but gave in when he
saw that further effort was vain and useless. His life
was a busy one throughout. He held many offices of
honor and trust. He filled them all with ability. His
last speech in the House of Representatives was in
favor of an amendment to a pending educational bill,
which declared for non-sectarian administration of the
schools of New Mexico. In making this speech, he
said that he was then an old man, that he expected
very soon to be called to his Maker, and, when that
time came, he would go with the satisfaction of know-
ing that his vote had been cast in behalf of freedom, in
behalf of free, non-sectarian education of the youth of
his country. His last vote cast in the House was in
favor of the construction of the Capitol building at
Santa Fe\

Senator Thomas H. Benton.

THOMAS H. BENTON.

It is not to be expected in these sketches that any-
thing more than the briefest of outlines of the pro-
fessional life and public services of so celebrated a
man as Thomas Hart Benton should appear. He be-
longed to the classic age of American eloquence and it
is hoped that at no distant day some one will appear
as his biographer who will be competent to do justice
to the memory of one of the greatest of American
statesmen. As a logical reasoner, he was inferior to
Daniel Webster; as an orator, Henry Clay was his
superior, but in depth of mind, and in the power to
conceive and execute any great public measure, he was
the equal of either, and in some respects the superior
of both. Benton loved his country and in all his life
as a public servant, in considering any measure pend-
ing in the congress of the United States, he strove to
ascertain its effect upon the entire nation. He was a
great lover of the West. He was a great friend of New
Mexico. He was a senator of the Nation and not of
a single state. During the days immediately following
the Treaty of Guadalupe Hidalgo, Senator Benton did
all in his power in the senate of the United States to
secure to the people of New Mexico the rights to which
they were entitled. At an early period in his career
in the senate, Benton took the position that the govern-
ment should never depend upon the sale of its public
lands as a source of revenue, but that the true policy
was to aid and encourage immigration by a reduction
of the price of the public domain ; and, as most of the
immigrants were poor, to give them ample time in
which to pay for their homes. To this end, he intro-

MILITARY OCCUPATION OF NEW MEXICO. 251

duced a bill reducing the price to one dollar and
twenty-five cents an acre, and, upon certain conditions,
to give them pre-emption and settlement rights, so that
they could pay for their homes out of the proceeds of
their labor. All of the New England states, led by
Webster, opposed this policy, as tending to deprive
them of a part of their productive population, but
Benton was successful and the West has always been
grateful to him on that account.

He was very fond of western adventurers and for
many years made it a point to entertain all of them
who came to his city. At one time he had a personal
interview with Kit Carson, who, surrounded with maps
and charts, explained to Benton the character and lo-
cation of what he considered the most desirable route
between Independence and Santa Fe. It is not strange,
therefore, that a man of his wonderful memory was
even more familiar with the western wilds and savage
tribes than many who had lived all their lives among
them.

Senator Benton was born near Hillsborough,
North Carolina, March 14, 1782. In his youth he
received a very liberal education. He lived with his
mother for a number of years, in the State of
Tennessee, and came to Missouri in 1813. In 1820, at
the time of the admission of the State of Missouri into
the Union, Benton was chosen United States Senator.
He continued in the Senate of the United States, by
successive elections, for thirty years. He was a man
of very strong prejudices. He devoted several years
of the latter part of his life to the preparation of two
most valuable works, one 'A Thirty Years' View;' the
other 'An Abridgment of the Debates in Congress,

252 THE MILITARY OCCUPATION

From the Foundation of the Government, to 1856.'
These works are of great value. Senator Benton died
in the City of Washington, April 10, 1858. His re-
mains were brought to St. Louis and were interred in
Bellefontaine cemetery. As the casket containing all
that was mortal of Missouri's greatest statesman Avas
borne to its last resting place, more than fifty thousand
people gazed upon the solemn scene. All business
houses were closed; public buildings were draped in
mourning and the flags of the city and harbor were
at half mast. The State of Missouri has been repre-
sented in the Senate of the United States by several
great men since Benton's time, but no one approached
his mental stature unless possibly Carl Schurz.

Upon the return of the Missouri Mounted Volun-
teers under Doniphan from Mexico, a great celebration
was had in the city of St. Louis, on the 2d day of July,
1847. Among others delivering addresses on that
occasion was Senator Benton, whose address was as
follows :

"Col. Doniphan, Officers and Men: — I have been
appointed to an honorable and pleasant duty — that
of making you the congratulations of your fellow-
citizens of St. Louis, on your happy return from your
long and almost fabulous expedition. You have indeed
marched far, and done much, and suffered much, and
well entitled yourselves to the applause of your fellow-
citizens, as well as the rewards and thanks of your
government. A year ago you left home. Going out
from the western border of your state, you re-enter it
on the east, having made a circuit equal to the fourth
of the circumference of the globe, providing for your-
selves as you went, and returning with trophies taken

OF THE TERRITORY OF NEW MEXICO. 253

from fields, the names of which were unknown to your-
selves and your country until revealed by your enter-
prise, illustrated by your valor, and immortalized by
your deeds. History has but few such expeditions to
record; and when they occur it is as honorable and
useful as it is just and wise to celebrate and com-
memorate the events which entitle them to renown.

Your march and exploits have been among the
most wonderful of the age. At the call of your country
you marched a thousand miles to the conquest of New
Mexico, as part of the force under General Kearny,
and achieved that conquest without the loss of a man
or the firing of a gun. That work finished, and New
Mexico, itself so distant and so lately the ultima
tlmle, the outside boundary of speculation and enter-
prise, so lately a distant point to be attained, becomes
itself a point of departure, a beginning-point for new
and far more extended expeditions. You look across
the long and lofty chain — the Cordilleras of North
America — which divide the Atlantic from the Pacific
waters, and you see beyond that ridge a savage tribe
which had been long in the habit of depredating upon
the province which had just become an American con-
quest. You, a part only of the subsequent Chihuahua
column, under Jackson and Gilpin, march upon them,
bring them to terms, and they sign a treaty with Col.
Doniphan, in which they bind themselves to cease their
depredations on the Mexicans, and to become the
friends of the United States. A novel treaty that,
signed on the western confines of New Mexico, between
parties who had hardly ever heard each others' names
before, and to give peace and protection to Mexicans
who were hostile to both. This was the meeting and

254 THE MILITARY OCCUPATION

this the parting of the Missouri Volunteers with the
numerous and savage tribe of the Navajo Indians,
living on the waters of the Gulf of California, and so
long the terror and scourge of Sonora, Sinaloa and
New Mexico.

This object accomplished, and impatient of in-
activity, and without orders (Gen. Kearny having de-
parted for California), you cast about to carve out
some new work for yourselves. Chihuahua, a rich and
populous city of nearly thirty thousand souls, the seat
of government of the State of that name, and formerly
the residence of the Captains-General of the internal
provinces under the vice-regal government of New
Spain, was the captivating object which fixed your
attention. It was a far distant city, about as far
distant from St. Louis as Moscow is from Paris, and
towns and enemies, and a large river, and defiles and
mountains, and the desert, whose ominous name por-
tended death to travellers — Jornada de los muertos (the
journey of the dead) — all lay between you. It was a
perilous enterprise, and a discouraging one for a
thousand men, badly equipped, to contemplate. No
matter. Danger and hardship lent it a charm, and the
adventurous march was resolved on, and the execution
commenced. First, the ominous desert was passed, its
character vindicating its title to its mournful appella-
tion— an arid plain of ninety miles, strewed with bones
of animals, perished of hunger and thirst; little
hillocks of stone and the solitary cross, erected by
pious hands, marking the spot where some Christian
had fallen, victim of the savage, of the robber, or of
the desert itself — no water, no animal life, no sign of
habitation. There the Texas prisoners, driven by the

OF THE TERRITORY OF NEW MEXICO. 255

cruel Salazar, had met their direst sufferings, unre-
lieved, as in other parts of their march in the settled
portions of the country, by the compassionate minis-
trations (for where is it that woman is not compas-
sionate?) of the pitying women. The desert was
passed and the place for crossing the river approached.
A little arm of the river, Brazito, made out from its
side. There the enemy in superior numbers, and con-
fident in cavalry and artillery, undertook to bar the
way. Vain pretension ! Their discovery, attack and
rout were about simultaneous operations. A few
minutes did the work. And in this way our Missouri
Volunteers of the Chihuahua column spent their
Christmas day of the year 1846.

The victory of the Brazito opened the way to the
crossing of the river Del Norte, and to admission into
the beautiful little town of the Paso del Norte, where
a neat cultivation, a comfortable people, and vineyards
and a hospitable reception offered the rest and refresh-
ment, which toils and dangers and victory had won.

You rested there until artillery was brought down
from Santa F£, but the pretty town of the Paso del
Norte, with all its enjoyments, and they were many,
and the greater for the place in which they were found,
was not a Capua to the men from Missouri. You
moved forward in February, and the battle of Sacra-
mento, one of the military marvels of the age, cleared
the road to Chihuahua, which was entered without
further resistance. It had been entered once before
by a detachment of American troops, but under circum-
stances how different! In the year 1807, Lieut. Pike
and his thirty brave men, taken prisoners on the head
of the Rio del Norte, had been marched captives into

256 THE MILITARY OCCUPATION

the city of Chihuahua ; in the year 1847, Doniphan and
his men entered it as conquerors. The paltry triumph
of a Captain-General over a Lieutenant was effaced in
the triumphal entrance of a thousand Missourians into
the grand and ancient capital of all the internal prov-
inces, and old men, still alive, could remark the
grandeur of the American spirit under both events —
the proud and lofty bearing of the captive thirty, the
mildness and moderation of the conquering thousand.

Chihuahua was taken, and responsible duties,
more delicate than those of arms, were to be performed.
Many American citizens were there engaged in trade;
much American property was there. All this was to
be protected, both lives and property, and by peaceful
arrangement, for the command was too small to admit
of division and of leaving a garrison. Conciliation
and negotiation were resorted to, and successfully.
Every American interest was provided for and placed
under the safeguard, first, of good-will, and next, of
guarantees not to be violated with impunity.

Chihuahua gained, it became, like Santa F£, not
the terminating point of a long expedition, but the be-
ginning point of a new one. General Taylor was some-
where, no one knew exactly where, but some seven or
eight hundred miles towards the other side of Mexico.
You had heard that he had been defeated, that Buena
Vista had not been a good prospect to him. Like good
Americans, you did not believe a word of it, but, like
good soldiers, you thought it best to go and see. A
volunteer party of fourteen, headed by Collins, of
Boonville, undertake to penetrate to Saltillo, and bring
you information of his condition. They set out.
Amidst innumerable dangers, they accomplish their

OP THE TERRITORY OF NEW MEXICO. 257

purpose and return. You march. A vanguard of one
hundred men, led by Lieutenant-Colonel Mitchell, led
the way. Then came the main body (if the name is
not a burlesque on such a handful) commanded by
Col. Doniphan himself.

The whole table-land of Mexico, in all its breadth
from west to east, was to be traversed. A numerous
and hostile population in towns, treacherous Coman-
ches in the mountains, were to be passed. Everything
was to be self-provided — provisions, transportation,
fresh horses for remounts, and even the means of
victory — and all without a military chest, or even an
empty box, in which government gold had ever reposed.
All was accomplished. Mexican towns were passed in
order and quiet; plundering Comanches were punished,
means were obtained from traders to liquidate indis-
pensable contributions, and the wants that could not
be supplied were endured like soldiers of veteran
service.

I say the Comanches were punished. And here
presents itself an episode of novel, extraordinary, and
romantic kind — Americans chasing savages for plund-
ering people whom they themselves came to conquer,
and forcing the restitution of captives and plundered
property. A strange story this to tell in Europe —
where backwoods character — Western character — is
not yet completely known. But to the facts. In the
mesquite forest of the Bolson de Mapima, and in the
sierras around the beautiful town and fertile district
of Parras, and in all the open country for hundreds of
miles round about, the savage Comanches have held
dominion ever since the usurper, Santa Ana, dis-
armed the people, and sally forth from their fastnesses

258 THE MILITARY OCCUPATION

to slaughter men, plunder cattle, and carry off women
and children. An exploit of this kind had just been
performed on the line of the Missourians' inarch, not
far from Parras, and an advanced party chanced to
be in that town at the time the news of the depredation
arrived there. It was only fifteen strong. Moved by
gratitude for the kind attentions of the people, especi-
ally the women, to the sick of General Wool's com-
mand, necessarily left in Parras, and unwilling to be
outdone by enemies in generosity, the heroic fifteen,
upon the spot, volunteered to go back, hunt out the
depredators and punish them, without regard to num-
bers. A grateful Mexican became their guide. On
their way they fell in with fifteen more of their com-
rades, and in a short time seventeen Comanches killed
out of sixty-five, eighteen captives restored to their
families and three hundred and fifty head o'f cattle re-
covered for their owners, was the fruit of this sudden
and romantic episode.

Such noble conduct was not without its effect on
the minds of the astonished Mexicans. An official
document from the prefect of the place to Captain
Reid, leader of this detachment, attests the verity of
the fact and the gratitude of the Mexicans, and consti-
tutes a trophy of a new kind in the annals of wan*.
Here it is in the original Spanish and I will read it off
in English. It is officially dated from the prefecture
of the Department of Parras, signed by the prefect,
Jose Ignacio Arrabe, and addressed to Capt. Reid, the
18th of May, and says: 'At the first notice that the
barbarians, after killing many and taking captives,
were returning to their haunts, you generously and
bravely offered, with fifteen of your subordinates, to

OF THE TERRITORY OP NEW MEXICO. 259

fight them on their crossing by the Pozo, executing
this enterprise with celerity, address and bravery
worthy of all eulogy, and worthy of the brilliant issue
which all celebrate. You recovered many animals and
much plundered property, and eighteen captives were
restored to liberty and to social enjoyments, their souls
overflowing with a lively sentiment of joy and grati-
tude, which all the inhabitants of this town equally
breathe, in favor of their generous deliverers and their
valiant chief. The half of the Indians killed in the
combat and those which were wounded do not calm the
pain which all feel for the wound which your Excel-
lency received defending Christians and civilized be-
ings against the rage and brutality of savages. All
desire the speedy re-establishment of your health, and
although they know that your own noble soul will be
found the best reward of your conduct, they desire
also to address you an expression of their gratitude
and high esteem. I am honored in being the organ of
the public sentiment, and pray you accept it, with the
assurance of my most distinguished esteem. God and
Liberty.'

This is a trophy of a new kind in war, won by
thirty Missourians, and worthy to be held up to the
admiration of Christendom.

The long march from Chihuahua to Monterey was
made more in the character of protection and deliver-
ance than of conquest and invasion. Armed enemies
were not met and peaceful people were not disturbed.
You arrived in the month of May in General Taylor's
camp, and about in a condition to vindicate, each of
you for himself, your lawful title to the double sobri-
quet of the General, with the addition to it, which the

260 THE MILITARY OCCUPATION

Colonel of the expedition has supplied, 'ragged as well
as rough and ready.' No doubt you all showed title at
that time to that third sobriquet; but to see you now,
so gayly attired, so princely equipped, one might sup-
pose that you had never for an instant been a stranger
to the virtues of soap and water, or the magic ministra-
tions of the blanchisseuse and the elegant transforma-
tions of the fashionable tailor. Thanks, perhaps, to the
difference between pay in the lump, at the end of
service, and the driblets along in the course of it.

You arrived in General Taylor's camp, ragged and
rough, as we can well conceive, and ready, as I can
quickly show. You reported for duty ! You asked for
service — such as a march upon San Luis de Potosi,
Zacatecas or the "Halls of the Montezumas," or any-
thing in that way that the General should have a mind
to. If he was going upon any excursion of that kind,
all right. No matter about fatigues that were past, or
expirations of service that might accrue; you came to
go, and only asked the privilege. That is what I call
ready. Unhappily, the conqueror of Palo Alto, Resaca
de la Palma, Monterey and Buena Vista was not ex-
actly in the condition that the Lieutenant-General
might have intended him to be. He was not at the head
of twenty thousand men ; he was not at the head of any
thousand that would enable him to march, and had to
decline the proffered service. Thus the long-marched
and well-fought volunteers — the rough, the ready and
the ragged — had to turn their faces towards home, still
more than two thousand miles distant. But this being
mostly by water, you hardly count it in the recital of
your march. But this is an unjust omission, and
against the precedents as well as unjust. "The Ten

OP THE TERRITORY OF NEW MEXICO. 261

Thousand" counted the voyage on the Black Sea, as
well as the march from Babylon, and twenty centuries
admit the validity of the count. The present age and
posterity will include in the "going out and coming in"
of the Missouri volunteers the water voyage as well as
the land march, and then the expedition of the One
Thousand will exceed that of the Ten by some two
thousand miles.

The last nine hundred miles of your land march,
from Chihuahua to Matamoras, you made in forty-five
days, bringing seventeen pieces of artillery, eleven of
which were taken from the Sacramento and Brazito.
Your horses, traveling the whole distance without
United States provender, were astonished to find them-
selves regaled, on their arrival on the Rio Grande
frontier, with hay, corn and oats from the States. You
marched farther than the farthest, fought as well as
the best, left order and quiet in your train, and cost
less money than any.

You arrive here to-day, absent one year, marching
and fighting all the time, bringing trophies of cannon
and standards from fields whose names were unknown
to you before you set out, and only grieving that you
could not have gone farther. Ten pieces of cannon,
rolled out of Chihuahua to arrest your march, now roll
through the streets of St. Louis to grace your triumphal
return. Many standards, all pierced with bullets while
waving over the heads of the enemy at the Sacramento,
now wave at the head of your column. The black flag,
brought to the Brazito to indicate the refusal of that
quarter which its bearers so soon needed and received,
now takes its place among your trophies, and hangs
drooping in their nobler presence. To crown the whole,

262 THE MILITARY OCCUPATION

to make public and private happiness go together, to
spare the cypress where the laurel hangs in clusters,
this long and perilous march, with all its accidents of
field and camp, presents an incredibly small list of
comrades lost. Almost all return, and the joy of fam-
ilies resounds intermingled with the applause of the
state.

I have said that you made your long expedition
without government orders; and so indeed you did.
You received no orders from your government, but,
without knowing it, you were fulfilling its orders — or-
ders which never reached you. Happy the soldier who
executes the command of his government ; happier still
he who anticipates command and does what is wranted
before he is bid. This is your case. You did the right
thing at the right time, and what the government in-
tended you to do, and without knowing its intentions.
The facts are these : Early in the month of November
last the President asked my opinion on the manner of
conducting the war. I submitted a plan to him which,
in addition to other things, required all the disposable
troops in New Mexico, and all the Americans in that
quarter who could be engaged for a dashing expedition,
to move down through Chihuahua and the State of
Durango, and, if necessary, to Zacatecas, and get into
communication with General Taylor's right as early
as possible in the month of March. In fact, the dis-
posable Missourians in New Mexico were to be one of
three columns destined for a combined movement on
the City of Mexico, all to be on the table land and
ready for the movement in the month of March. The
President approved the plan, and the Missourians,
being most distant, orders were dispatched to New

OP THE TERRITORY OF NEW MEXICO. 263

Mexico to put them in motion. Mr. Solomon Sublette
carried the order, and delivered it to the commanding
officer at Santa Fe', Colonel Price, on the 23d day of
February, just five days before you fought the mar-
velous battle of Sacramento.

I well remember what passed between the Presi
dent and myself at the time he resolved to give this
order. It awakened his solicitude for your safety. It
was to send a small body of men a great distance into
the heart of a hostile country, and upon the contin-
gency of uniting in a combined movement, the means
for which had not yet been obtained from Congress.
The President made it a question, and very properly,
whether it was safe or prudent to start the small Mis-
souri column before the movement of the left and center
was assured. I answered that my own rule in public
affairs was to do what I thought was right, and leave
it with others to do what they- thought was right, and
that I believed it the proper course for him to follow
on the present occasion. On this view he acted. He
gave the order to go, without waiting to see whether
Congress would furnish the means of executing the
combined plan, and, for his consolation, I undertook
to guarantee your safety. Let the worst come to the
worst, I promised him that you would take care of
yourselves. Though the other parts of the plan should
fall, though you should become far involved in the ad-
vance, and deeply compromised in the enemy's country
and without support, still I relied on your courage,
skill and enterprise to extricate yourselves from every
danger, to make daylight through all the Mexicans that
should stand before you, cut your way out, and make
good retreat to Taylor's camp. This is what I promised

264 THE MILITARY OCCUPATION

the President in November last, and what you have so
manfully fulfilled. And here is a little manuscript
volume (the duplicate of it in the hands of the Presi-
dent), from which I will read you a page, to show you
that you are the happy soldiers who have done the will
of the government without knowing its will :

'The right wing. — To be composed of all the dis-
posable troops in New Mexico; to advance rapidly
through the States of Chihuahua and Durango, and
towards Zacatecas, and to attain a position about on a
line with General Taylor in the month of March, and
be ready to push on to the capital. This column to
move light, to have no rear, to keep itself mounted from
horse in the country, and to join the center column or
cut its way out if the main object fails.'

This is what was proposed for you in the month of
November last, and what I pledged myself to the Presi
dent that you would perform, and nobly have you re-
deemed the pledge.

But this was not the first or the only time that I
pledged myself for you. As far back as June, 1846,
when a separate expedition to Chihuahua was first
projected, I told the President that it was unnecessary ;
that the Missouri troops under Gen. Kearny would take
that place, in addition to the conquest of New Mexico,
and that he might order the column under General
Wool to deflect to the left and join General Taylor as
soon as he pleased. Again, when I received a letter
from Lieutenant-Colonel Mitchell, dated in November
last, and informing me that he was leaving Santa F£
with one hundred men to open communication with
General Wool, I read the letter to the President, and
told him that they would do it. And, again, when we

OP THE TERRITORY OF NEW MEXICO. 265

heard that Colonel Doniphan, with a thousand men,
after curbing the Navajos, was turning down towards
the south and threatening the ancient capital of the
Captains-General of the internal provinces, I told him
they would take it. In short, my confidence in Missouri
enterprise, courage and skill was boundless. My
promises were boundless. Your performance has been
boundless. And now let boundless honor and joy
salute, as it does, your return to the soil of your State
and to the bosoms of your families."68

"St. Louis Republican, July 3, 1847.

Carlos Beaubien.

CARLOS BEAUBIEN.

Charles Hipolyte Trotier, Sieur de Beaubien, was
the son of Paul Trotier, Sieur de Beaubien and Louise
Charlotte Adelaide Durocher, and was born in Canada,
at Three Kivers. Several members of his ancestry
became prominent in the affairs of Canada and this
country. The first representative of the name in
Canada was Jules Trotier, who was born in France,
at St. Malod'lye au Perche, in 159'0, where he was mar-
ried to Catherine Loyseau. His son, Antoine, Sieur
des Ruisseaux, married Catherine Lefebone, of which
marriage there was a son, Michael, Sieur de Beaubien,
the first of the family to be called Beaubien, Seigneur
de la Riviere du Loup. The latter married Agnes God-
froy de Linctot, and, after her death, he married
Therese Mouet de Moras. Louis Trotier 7 Sieur de Beau-
bien, son of the second marriage, married Marie Louise
Robida Manseaux. Of this marriage Charles Hipolyte
Trotier, Sieur de Beaubien, was born. He left the
Dominion of Canada for the United States during the
War of 1812, and came to New Mexico in 1823, in com-
pany with a number of French Canadians who were
making investigations in New Mexico. Beaubien wrent
directly to Taos, at which place, in 1827, he married
Paula Lobato, daughter of one of the most .prominent
citizens of that region of New Mexico. Of this marriage
there were born the following children: Narciso, who
was killed during the uprising of 1847, commonly
known as the Taos Revolution ; Luz, who was the wife
of Lucien B. Maxwell; Leonar, who married V. Tru-
jillo; Juanita, who married L. D. J. Clouthier; Teo-
dora, who married Frederick Muller ; Petrita, who mar

268 THE MILITARY OCCUPATION

ried Jesus G. Abreu, and Pablo, who married Rebecca
Abreu.

In the year 1847 Mr. Beaubien traveled from Taos
down to the Cimmaroncita, where he found Lucien B.
Maxwell located. A company of cavalry of the United
States army was also established there, the post having
been built by Lieutenant Wilson, of the army, under
orders from General Sterling Price, at that time com-
manding the military forces in New Mexico and gov-
ernor of the Territory. It was at this time that Kit
Carson constructed a home, about three hundred yards
from the site of the military post, the ruins of which
are still standing.

Prior to the coming of the American army under
General Kearny, a prominent citizen of New Mexico,
who was a collector of customs for his government on
its northern frontier, the Arkansas, Don Guadalupe
Miranda, had asked for a grant of land in northern
New Mexico from his government, and this grant was
made to Beaubien and Miranda, who had previously
agreed to the partnership. After the grant had been
made Miranda sold his interest to Beaubien, who, by
the purchase, became possessed of over a million acres
of land, the value of which at the present day, with its
cities, towns and villages, railroads, coal mines and
coking plants, approximates fifty millions of dollars.
The grant comprised a tract of land larger than three
states the size of Rhode Island. The grant was made
by Governor Manuel Arrnijo, with whom Miranda was
a great favorite, who was also well disposed toward
Beaubien.

Beaubien died in Taos on the 10th day of Feb-
ruary, 1864. During his lifetime, socially and in a busi-

OP THE TERRITORY OP NEW MEXICO. 269

ness way, he was a great favorite. He took an active
part in all public matters. He was appointed one of
the judges of the Snpreme, or Superior Court, by Gen-
eral Kearny, and presided over what was known as the
third district, comprising the counties of Taos and Rio
Arriba. He was commonly known as "Don Carlos";
was a great friend of Governor Bent, and had great
influence among the people of New Mexico, which con-
tinued up to the time of his death.

Colonel Christopher (Kit) Carson.

CHEISTOPHEE (KIT) CAESON.

Christopher (Kit) Carson, as he was known
among Americans, was born in the state of Kentucky
in the year 1808. He came to New Mexico about the
year 1827, on a hunting and trapping expedition. From
that time until the coming of the army of the United
States under General Kearny he trapped and hunted
from the Arkansas river to the Pacific Coast. He was
well known to all the Indian tribes, and none was more
familiar with their character, manners and customs.
He was familiar with many of the Indian languages.
No other white man was trusted by Indians and Mexi-
cans as was Carson. He led the way for Fremont, and
performed this service without military aid.

Some time before Fremont's first expedition was
begun Carson traveled as far north as the state of
Wyoming. On this trip he finally went to California,
and returned to Santa F6 by way of Taos. Prior to
the discovery of gold in California Carson guided a
number of overland parties to the Coast, and during
the war with Mexico he was commissioned to carry the
mail from Ft. Leavenworth to the Coast.

When General Kearny left Santa F6 for California,
and had traveled as far south and west as the Gila
river, he met Carson and several companions returning
from California. He induced Carson to return to Cali-
fornia with him, and Carson participated in all the
hardships of the journey.

Colonel Carson joined Kearny's command on the
18th day of October, 1846, and guided the small force
to California, reaching that state on the third day

272 MILITARY OCCUPATION OF NEW MEXICO.

of December. A scouting party 'under Carson's com-
mand captured some spies that had been sent out by
the Mexican General commanding the enemy's forces,
who informed Kearny that the Mexicans intended to
attack them before they could join forces with the
Americans then in possession of San Diego. Carson
advised Kearny to evade this attack, as their horses
and men were exhausted from their long march, and
take another route. General Kearny, however, chose
to attack the enemy without delay, and for that pur-
pose ordered an advance at one o'clock in the morning.
His troops were tired and hungry, and came upon the
advance guard of the enemy before daylight. This
guard slept, fully dressed, with their saddles as pillows
and- their horses picketed near by. The attacking force
consisted of fifteen Americans, under the command of
Captain Johnson, with Carson as second officer. The
guard drew back into camp, and the party under John-
son and Carson was reinforced by Captain Moore, with
twenty-five men. Moore ordered an attack upon the
enemy's center, hoping to effect a division and create
confusion in the camp. In the charge Carson's horse
stumbled and fell, carrying the rider to the ground.
There he lay until the entire command passed over
him. As soon as they had passed he seized a gun from
the hand of one of his men who had been killed, his
own having been broken in the fall, mounted and rode
on. Many of the men were mounted on mules, which
proved unmanageable, and, although the enemy was
forced to retreat a short distance, the condition of the
Americans was soon discovered, and, turning back,
what would have been nearly a bloodless victory was
changed into a terrible slaughter. Thirty of the Ameri-

West Pueblo of Taos, N. M.

274 THE MILITARY OCCUPATION

can force were either killed or severely wounded, and,
although the main party of the Americans came up,
the Mexicans fought with great courage. General
Kearny, although severely wounded, remained at the
head of his troops, hoping that two mountain howitzers
which were to be brought up would help in forcing the
enemy to retreat. But the gunners were shot down
and the Mexicans captured the horses attached to one
with a lasso. Some fortunate accident or ignorance
rendered the Mexicans unable to use the gun, or greater
slaughter of the American force would have ensued.

The Americans retreated to a rocky shelter near
by, having only three officers left, and waited for the
enemy's attack. Both sides were exhausted by the
continued fighting, and neither was cheered by the
thoughts of a decisive victory. The night was spent in
burying the dead and attending the wounded.

The following morning the march toward San
Diego was resumed, Carson, with a body of twenty -five
men, leading the way. Towards nightfall, as camp was
being prepared near a stream of water, the attack by
the Mexicans was resumed; the Americans retired to
a hill a short distance off. A fierce cannonade from a
neighboring hill was begun by the Mexicans, but the
battery was silenced by a party of Americans, who
stormed and occupied the hill. They were without
food, and there was only water sufficient for the men ;
the condition was desperate, and a council was held to
determine what measures had best be pursued. Carson
took part in this council, and volunteered to try and
pass the enemy's lines and reach San Diego to obtain
assistance from Commodore Stockton. Lieutenant
Beale, of the United States Navy, volunteered to ac-

OF THE TERRITORY OP NEW MEXICO. 275

company him. The proposition was accepted by Gen-
eral Kearny, although none believed they would ever
reach San Diego.69

Carson and Beale left the camp as soon as it was
dark. They removed their shoes, in order to insure
silence while passing the triple line of sentries which
the Mexicans had stationed around the foot of the hill.
Several times, as they crept cautiously along, these sen-
tinels could have touched them with their rifles. Their
advance was very slow, but finally they cleared the
Mexican lines. For a distance of more than two miles
they had crawled upon the ground, sometimes each
hearing the other's heart beat, so deathly was the still-
ness. Through the thorny bushes and cactus they trod
with shoeless feet. All that night and all of the next
day and into the night they continued their journey.
At last the challenge of the sentinel at San Diego was
heard. They were taken into the presence of Commo-
dore Stockton, their story was told, and at once a force
of two hundred men was sent by forced marches to
relieve Kearny and his men.

Carson was detained in San Diego, as without
proper care there was danger of his losing both of his
feet, so severely had they been lacerated. Lieutenant
Beale was partially deranged by the hardships of the
journey, and did not fully recover his health for more
than two years.

Carson and Beale left California together, and
crossed the country from San Diego to Santa F£, bear-
ing despatches for Washington. When they arrived at
St. Louis he was entertained by Hon. Thomas H. Ben-
ton. Reaching Washington, Mrs. Fremont met him

"Lieutenant Emory's Account.

[it Carson, Taos, N. M.

MILITARY OCCUPATION OF NEW MEXICO. 277

at the station, declaring that her husband's description
of him made an introduction unnecessary, and con-
ducted him to her own and her father's house. Carson
was lionized while in Washington.

In the spring of 1848 he was again sent to Wash-
ington, bearing despatches, and was the guest of Sena-
tor Benton. He returned to New Mexico during the
summer.

During the following winter, 1849-50, the Indians
were more than usually troublesome. On one occasion
a party of them had stolen all of the horses belonging
to some cavalrymen who were camped near Carson's
home. An expedition was immediately organized, con-
sisting of three settlers and the soldiers who had been
robbed, under the command of Carson. Carson soon
overtook the thieves, twenty well armed and mounted
warriors. In the fight which followed five Indians
were slain, and, recognizing Carson as the leader, whose
prowess they well knew, the balance fled, leaving all
of the stolen horses except four in Carson's possession.

In the summer of 1850, at Santa F6, Carson learned
that a number of desperadoes had volunteered to ac-
company two wealthy men as far as Independence, in-
tending to rob them on the way. He collected a party,
and in one hour from the time of receiving the infor-
mation was following them. He was joined two days
later by an officer of the army with a detachment of
twenty men, and after several days' hard riding over-
took the caravan and arrested the leader of the des-
peradoes. The owners of the caravan, Messrs. Brevoort
and Weatherhead, when informed of the danger which
had been theirs, were greatly surprised, and offered
Carson a large sum as a reward for his services. This

278 THE MILITARY OCCUPATION

Carson refused, but later, upon their return from St.
Louis, the traders presented Carson with a pair of
silver-mounted pistols, suitably inscribed.

The following summer, Carson, returning from a
trip to St. Louis, met with what was perhaps the most
perilous adventure of his life, subsequent to the close
of the war with Mexico. An officer of the United States
army had affronted the Cheyenne Indians by whipping
one of their chiefs. The Indians were unable to avenge
this insult upon the officer himself, but, filled with
rage, were lying in wait for other persons traveling
over the Santa F£ Trail. It so happened that Carson's
party w^as the next one following. He and his party
of fifteen were captured, and at a council of the Indians
were sentenced to death. Many years before, while a
hunter at Bent's Fort, Carson knew the Cheyennes well,
but it seems that the party which had captured him
did not recognize him as their old friend. The Indians
had spoken in their own tongue, not knowing that their
words were understood by the prisoners. Carson ad-
dressed them in Cheyenne, told them his name, and
reminded them of his old friendship, and, after another
council, they were released and immediately left for
Ray ado.

Carson lived at Fernando de Taos for many years.
After he returned from California, and while General
Sterling Price was in command at Santa F£, Carson
did all in his power to suppress the rebellious actions
of a number of conspirators, among them Diego Archu-
leta, who sought to overthrow the power of the Ameri-
can government. Carson always believed that the Fr.
Antonio Jose Martinez, of Taos, was the chief con-
spirator of them all, and was fully aware of the strong

OF THE TERRITORY OF NEW MEXICO. 279

anti-American sentiments which the priest entertained.
Carson seldom made threats, but on one occasion, at
Taos, he said that nothing would give him more pleasure
than a chance to kill the priest.

After the peace with Mexico Carson built a home
on the Rayado, where he lived with his wife and his
niece, Teresina Bent, afterwards the wife of Aloys
Scheurich. It was while living here that a large party
of Comanches, Cheyennes and Arapahoe Indians sud-
denly appeared before the house. Carson believed from
their actions that they were hostile, and, calling his
wife and niece into a room in the building, told them
that he only had two shots in his pistol, and that the
moment the Indians should succeed in entering the
door, something he expected to happen immediately, he
intended to shoot them both; but the Indians did not
make the anticipated assault.

In the year 1854, Carson was appointed Indian
agent for the Ute, Apache and Pueblo tribes. He held
this office until 1861. In the preceding year Carson
accompanied a party of friends on a trip from Taos
to the San Juan country, in the northwestern part of
New Mexico. While on this journey his horse fell with
him, injuring him very badly. He never fully recovered
from the effects of this fall, and it is believed that the
injuries received were the cause of his death eight years
later.

Carson was at Taos when the news reached the
Territory that Ft. Suinpter had been fired upon by the
Confederates. He immediately began the work of rais-
ing a regiment of native soldiers. The regiment was
shortly organized, with Ceran St. Vrain as its colonel,
and was known as the First New Mexico Cavalry, and

280 MILITARY OCCUPATION OP NEW MEXICO.

was composed of citizens of the counties of Taos, Rio
Arriba, Santa Fe' and Mora. Carson was Lieutenant
Colonel and J. Francisco Chaves the major of
the regiment. It was mustered into the service at
Ft. Union. St. Vrain soon resigned his colonelcy, and
Carson became its commander. The regiment fought
in the battle of Valverde, and after that fight a portion
of the regiment garrison Ft. Craig for a short time.

In 1863, Carson led an expedition against the
Navajo Indians. Several battles were fought, in each
of which his command was victorious, the most notable
being at Canyon de Chelly, Kito Quemado, near the
San Francisco Mountains, and at Mesa La Baca. A
portion of his command was mustered out at Albu-
querque in 1865, the balance of his regiment after-
wards constituting the garrison of Ft. Garland, Colo-
rado, in which locality the Utes were threatening
hostilities. Colonel Carson met the chief of the Utes
near the present town of Alamosa, where a treaty of
peace was successfully negotiated. This portion of
Carson's regiment was finally mustered out of service
at Santa Fe in the year 1867.

After the civil war Carson lived with Thomas
Boggs, near the mouth of the Purgatoire river in Colo-
rado. Here he built a home and established a small
ranch. On this property he spent the remainder of his
life, which was filled with suffering, and which he
believed was caused by the accident received in the
San Juan country several years before. His wife died
on the 27th day of April, 1868, and Carson passed away
on the 23rd day of May of the following year. During
the last weeks of his illness he was treated by the
government surgeon at Fort Lyon. While he was

Grave of Kit Carson, Taos, N. M.

282 THE MILITARY OCCUPATION

reclining and smoking a pipe which had been given
to him by General Fremont, he was stricken with a
severe fit of coughing, expectorated a large quantity
of blood, and holding the hand of his intimate friend,
Aloys Scheurich, gasped "Good-bye, Compadre," and
died.

Colonel Carson died a very poor man; in fact, he
left his family almost nothing. He was utterly unedu-
cated and when it was necessary for him to write his
name it was with great effort that he accomplished
the feat. He never used intoxicating liquor. He had
none of the vices of the times in which he lived. He
was one of the most generous of men. He was a mem-
ber of the Catholic Church, having been baptized at
the time of his marriage with Josefa Jaramillo. He
belonged to the Masonic order and was a member of
Bent Lodge, at Taos. There was no better rifleman
on the frontier and he wTas known to have been able
to toss a silver dollar thirty or forty feet in the air
and strike it with a ball from his rifle before it fell to
the ground.

Carson was buried at Ft. Lyon alongside his wife,
but, as he had often expressed a desire to be buried
at Taos, late in the year 1868 his remains and those
of his wife were disinterred and taken to Taos, where
they now lie in the cemetery of that place. Only one
monument has been erected to the memory of this
greatest of all American frontiersmen. This stands
in front of the Federal building at Santa F6 and was
built by Senator Stephen W. Dorsey.

Carson's word wras as good as his bond. The men
under him in the army rendered him implicit obedi-
ence. Carson was a small man physically, his forehead

OF THE TERRITORY OP NEW MEXICO. 283

was large and his eyes expressive. He was possessed
of both physical and moral courage and when he be-
lieved he was right nothing could intimidate him.
He was a man of great intelligence, although unedu-
cated, and often had the officers under him read to him,
thus storing away in his retentive mind a wealth of
knowledge that few of his time could equal.

Colonel Manuel Antonio Chaves.

MANUEL ANTONIO CHAVES.

It is peculiarly fortunate, in writing of the lives
of the Spanish conquerors and the events transpiring
in this section of America, that it is possible to trace
the course of events with great accuracy, particularly
in relation to genealogy. We are indebted to the .rec-
ords of the Catholic fathers for this great privilege.
Looking backward for more than two hundred years,
the historical biographer is not compelled to indulge
in flights of the imagination, but is always safe, having
at his command that recorded certainty of dates and
persons which prevents those journeys into the regions
of tradition and legendary fable so often pursued by
many. There is very little of the mist of uncertainty
connected with the history of the long line of descend-
ants of those Spaniards who planted the cross of Chris-
tianity and civilization in this portion of America;
but this fact does not detract from the interest of
study or thought. The legendary fables of the Middle
Ages are scarcely less interesting than the recitals of
recorded facts found in searching the history of the
Spanish speaking settlers of New Mexico.

Almost a century before the Pilgrims landed on
Plymouth Rock the banner of Santiago had been
planted on the walls of Zuni and in the valley of the
Rio Grande. Long before Jamestown, in the City of
Mexico, already rebuilt on the ruins of Montezuma's
capital, 'floating about like corks on water,' were hun-
dreds of unemployed soldiers of fortune, dashing cava-
liers, men of rank and position, eager for conquest
and exploration. The age was both heroic and ro-

2Sb THE MILITARY OCCUPATION

mantic and finds no parallel in the history of the
world, and each advancing age of our literature brings
cumulative evidence of the delight with which the
extraordinary events and circumstances surrounding
the expeditions of the Spaniards into this country
must always be regarded. The progress of these ex-
peditions attracted the attention of the entire Chris-
tian world. The adventures of Cortez and Alvarado
were the talk of the courts of Europe. The Spanish
cavalier thought only of the renown and glory to be
won in the infinite wilderness of the new world, just
risen above the waves of the Atlantic. The accounts
of the historians of the conquest of Mexico inspired
a desire for further conquest. The popular literature
of the period shows with what power the Spanish
imagination had seized upon the thought of the great
empire which had come to the crown through the
arms of Cortez and his conquering hosts. For more
than a century this enthusiasm continued, and those
who came were not of the class compelled to leave
their native shores, but consisted of representatives
of the most wealthy and powerful families; men who
cherished noble designs and great hope. Accompany-
ing these cavaliers came the holy fathers, imbued with
the strength of a holy purpose, endowed with a moral
courage which was sublime.

It is the personnel of these expeditions that gives
the charm to the story of the Spanish conquistador.
Unlike the conditions which existed when the Atlantic
coast was settled by the Anglo-Saxon, the Spanish
armies were not recruited from the slums and by-ways
of the great cities of the kingdom. In the ranks of

OF THE TERRITORY OF NEW MEXICO. 287

their armies were found those who were high-born
and nobly bred.

Such were the ancestors of Don Manuel Antonio
Chaves, a lineal descendant of one of the Spanish
conquistadores, led by DeVargas.

In the year A. D. 1160 the beautiful Spanish city
of Chaves was in the hands of the Moors. For many
years they had occupied and held it against the con-
stant endeavors of the Spanish king, Don Alonzo En
riquez, to restore it to his crown. It remained for
two cousins of the king to subjugate the Moorish oc-
cupants. They were Garci Lopez and Ruiz Lopez, who
raised an army in Portugal, and besieged the city.
These young men were intrepid warriors and, after
repeated assaults upon the city's walls, it fell into the
hands of these young captains. The city had five
gates, and, in the final assault, thousands of the Moors
perished by the sword. Information of the downfall
of the city was quickly communicated to Don Alonzo,
who immediately visited the city, exiled the Moors
who had survived, and gave the city to two brothers,
who were also made knights of Santiago and ordered
to add to their surname that of Chaves. This is the
origin of the Chaves family name. On his visit to the
city the king was accompanied by his queen and two
princesses; all of these were present at the ceremony
when knighthood was conferred upon the brothers, at
which two fine Andalusian horses and saddles were
presented and the golden spurs were placed upon their
feet by the royal princesses7 own hands.70

70Chaves es familia muy noble y antigua en Espana, cuyo
nombre toma de la Villa de Chaves en Portugal, en esta
forma: Garci Lopez y Ruiz Lopez, hermanos, ganaron esta
villa ano de 1160 a los Moros sin ayuda del Rey, sino por

288 THE MILITARY OCCUPATION

si los; y por esta misma memorable azana les queda los de
este linage el apelido de Chaves. Esto lo afirmo un letre que
permanece en el arco de la Yglesia mayor de dicha villa; que
dice:

Dos hermanos con ai guinas

Sin Rey ganaron a Chaves;

Donde en Rouxo Cristalina,

Les hoy dado por mas signas

En su escudo cinco Haves.

Estos caballeros eran parientes muy cercanos del Rey
Don Alonzo Enriquez. En 1212 el cabeza mayor de la familia
de Chaves tomo parte en la batalla de las Naves de Tolosa,
como lo canto Don Luis Zapasa en su canto famoso:

Son Chaves cinco Haves relucientes

En hermoso escudo Colorado;

Su orla con ocho aspas excelentes

De San Andres el bienaventurad.

Por los que antigiiamente de sus gentes

Fue el lugar de Baeza conquistado

Que su esfuerzo fue tal dia

Y fue de Portugal su antigua guia.

De los caballeros dichos descendio Martin Reymundes de
Chaves, el primero que paso de Portugal a Castilla, antes
del ano de 1280, a servir al Rey Don Fernando IV, y a la
Reina Dona Maria, su madre, la cual ano de 1304, le envio
por su Embajador al Infante Don Enriquez de Castilla y
otros senores que habian ido a Aragon a jurar por Rey a
Don Alonzo de la Cerda, y hal andose en Ariza, hizo tanto
con ellos y estando el dia siguiente para jurar dicho Cerda,
deshizo el trato en la forma que leemos en la cronica del
Rey Fernando.

The foregoing is found in the Royal Archives of Spain,
at Madrid. The head of the Chaves family in Spain to-day
is El Conde de Caudilla, who is stationed in the royal palace,
and whose title is "Mayordomo de la Semana." The Grand
Duchess de Noblejas is his cousin, and in the middle of her
coat-of-arms is found that of the family of Chaves.

OP THE TERRITORY OF NEW MEXICO. 289

Don Fernando de Chaves,71 whose full name was
Fernando Duran de Chaves, and a son, Don Bernardino
Duran de Chaves, were officers under Don Diego de
Vargas Zapata Lujan Ponce de Leon. Don Bernardino
had a child named Diego Antonio de Chaves, whose son,
Pedro de Chaves, married Dona Catalina Baca, of
Tome', in Valencia county, New Mexico. A sister of
Doiia Catalina was the indirect cause of the massacre
of nearly all the inhabitants of the town of Tome' by
Comanche Indians in later years. Don Pedro de
(haves had a number of children, among whom was
Don Julian Chaves, the father of Don Manuel Antonio
Chaves.

"Translation from Diary of Diego de Vargas Zapata Lu-
jan Ponce de Leon. In the New Mexico collection of Ar-
chives, now in the possession of the United States Govern-
ment, Washington, D. C., and which were unhappily loaned
to the general government for purposes of translation and
chronological arrangement, with the understanding that they
would be presently returned to the custody of the Territorial
authorities, but which are now most indecently claimed by
the general government.

December 1, 1693.

Entry into this town of Santa Fe, by said governor and
captain-general :

On the sixteenth day of the month of December, date
and year above, I, the said governor and captain-general,
about the eleventh hour of said day, made my entry into this
town of Santa Fe, and coming in sight of the walled village
where the Teguas and Tanos reside, with the squadron on
the march and in company of the very illustrious corporation
of this town and kingdom, its high sheriff and color-bearing
alderman, the captain, Don Bernardino Duran de Chaves, car-
rying the standard referred to in these acts and under which
this land was conquered, we arrived at the square where we
found the said natives congregated, the women apart from
the men, all unarmed and abstaining from any hostile dem-

290 THE MILITARY OCCUPATION

onstration, but instead of behaving themselves with great
composure, and on proffering to them our greeting, saying
'Praise to Him' several times, they answered 'Forever'; and
seeing the approach on foot of the very reverend father cus-
todian, Friar Salvador de San Antonio, and in his train the
fifteen monks, priests and reverend father missionaries and
the lay brothers of our father, St. Francis, chanting on their
march divers psalms, I get down from my horse and my
example was followed by the said corporation, corporals and
officers of war and by the ensign of the royal standard in
company with the said high sheriff and color-bearing alder-
man, all having gone out with the purpose of receiving the
said reverend fathers, who, in union with their very rever-
end father custodian, came, singing in processional order,
and when I made due obeisance as I was passing on my
way to the entrance of said village and town, and the same
thing was done by my followers, and in the middle of the
square a cross had been raised, where all present knelt
down and sang psalms and prayers, including the Te Deum,
and in conclusion the Litany of Our Lady and the said very
reverend father custodian, attuning his voice, sang with such
joy and fervor that almost every one without exception was
duly moved by the happiness of hearing in such place the
praises of our Lord God and His Most Holy Mother. And
after he sung the hymn three times, I offered my congratu-
lations to said very reverend father and the rest, telling
them that notwithstanding the last year, at the time of my
happy contest, I had given possession to the very reverend
father, President Friar Francisco Corvera, who was one of
the fathers who came at the time as chaplains to said army,
which said reverend father President had witnessed and ac-
cepted and in this manner and in the name of this order
and in favor of his sacred religion would do it again and
would grant it to him anew with great pleasure, considering
the great resignation with which all, together with their
very reverend father, do so heartily and freely agree to em-
ploy themselves in the administration of the Holy Sacra-
ments in this said newly conquered kingdom; to which the
said very reverend father answered, tendering his thanks
for himself and all his order, and that by the use of said
grant, invested and given by me, the said governor and

OF THE TERRITORY OF NEW MEXICO. 291

captain-general, they had enough for the maintenance of their
rights — much more than when they entered immediately in
the administration of the missions above mentioned; and
then I spoke to said corporation and told them I restored
to them possession of their town and that likewise they
ought and should give me, the said governor and captain-
general, testimonials of having taken the same, entering
again therein and of the pacification of said Indians and
their submission to the Divine and Humane Majesty; in
the same manner, to the said natives in the plaza of said
village, I told and repeated what Our Lord, the King had
sent me on the news I gave his royal Majesty of their sur-
render last year, with orders that this kingdom should be
re-peopled; that with the information I had given of my
having pardoned them and of their obedience which was the
cause of said pardon, all his displeasure had vanished and
he would call them again his children, and for that reason
he had sent many priests in order that they might be Chris-
tians as they were, and that likewise he sent me with. the
soldiers they saw for the purpose of defending them against
their enemies; that I came not to ask anything of them,
but only for two things: that they should be Christians as
they ought, hearing mass and saying their prayers, and their
sons and women attending to the catechisms as the Span-
iards did; and the second was that they might be safe from
the Apaches and friendly with all, and that this was my
sole object in coming, and not to ask or take away any-
thing; and the said very reverend custodian assured them
of my good heart and the good intentions which animated
the Spaniards, which were not as they had supposed; that
is I, the said governor and captain-general had come to kill
them as they said, he would not have come, and so they
should give no credit to anything but what I and their rev-
erend father told them; besides I ordered them that if they
had among them any bad and malicious Indian they should
tie him up and bring him to me to ascertain the truth about
what he said, and in case of falsehood I would order his
instant execution, and that in this way we could live as
brothers and be very happy; and after this talk we went
away again, leaving them their village, to seek a more pro-
tected site, the soil being covered with snow, and only about

292 TIIK MILITARY" OCCUPATION

Manuel Chaves, whose full name was Manuel An-
tonio Chaves, was born in the town of Atrisco, on the
west side of the Rio Grande, opposite the present city
of Albuquerque, on the 18th day of October, 1818.
His father was Don- Julian Chaves, a great grandson
of General Fernando de Chaves, the owner of the
Atrisco land grant. His mother was Doila Maria de la
Luz Garcia de Noriega, a daughter of Captain Fran-
cisco Garcia de Noriega. In 1844 he was married to

midday I found in the outflows and slopes a tattle land and
mountain susceptible to some repair, and therein I, the said
governor and captain-general established my camp, despis-
ing the dwelling place, a tower house which had been pre-
pared for my occupation, having in the same a fireplace,
which a resident told me belonged to said house and as such
to himself; to which I replied he might repair to the same;
and in testimony whereof, regarding said entry, I sign my
name in company with the very illustrious corporation and
corporals and war officers; likewise the two secretaries who
were present therein in said town.
(Seal) Dated Ut Supra.

DIEGO DE VARGAS ZAPATA

LUJAN PONCE DE LEON.
LORENZO DE MADRID.
FERNANDO DE CHAVES.
J. DE LEYBA.
LAZARO DE MESQUIA.
ROQUE MADRID.
JOSEPH MIERA.
XAVIER DE ORTEGA.

Secretary of the Town Corporation.
JUAN DE ALMAZAN.
Before me: ANTONIO DE BALVERDE,

Secretary of Gov. and War.
I attest the above:

ALFONZO RAEL DE AGUILAR,

One of the Secretaries of Gov. and War of the
Governor and Captain-General."

OF THE TERRITORY OP NEW MEXICO. 293

Dona Vincenta Labadie, a great grand-daughter of the
famous captain, Sebastian Martin. He died at his
home, at San Mateo, Valencia county, New Mexico, in
1889, leaving a family of eight children. Manuel Chaves
was descended from a long line of intrepid warriors
and, by nature, was a leader of men. When very
young the family moved from Atrisco to Cebolleta,
where he lived until 1831, when he took up his resi-
dence in the Villa de Santa F£. When sixteen years
of age he took part in his first Indian campaign against
the Navajos. His oldest brother, Don Jose Chaves,
organized a company of fifty young men for the cam
paign and Don Jose was made commander. In those
days all the savage tribes were at war and many were
the murders committed by them in their merciless
raids. Many Mexican children were carried into cap-
tivity. The settlers, by way of retaliation and the
infliction of punishment upon the Indians, in their
campaigns into the Indian country, would also take
captive children, bring them to the settlements, where
they would either be sold or retained as servants.
These captives were always treated with the greatest
kindness by the Mexicans.

The expedition, of which Chaves was a member,
was composed of picked men, and the hopes of its
members for a successful issue ran high, expecting, as
they, did, to return, bringing droves of horses and
sheep and numerous captives, which last, at this time,
were worth five hundred dollars each. A terrible fate,
however, awaited them. Having travelled many days,
and expecting to find the Navajos scattered all over
their country, as was their custom, as they lived in
bands, the expedition arrived at the Canon de Chilly,

294 THE MILITARY OCCUPATION

where thousands of Indians were gathered, holding
great feasts and ceremonial dances. The Mexicans
were soon discovered by the Indians and, in the ter-
rific battle which ensued, lasting all day, every one
of the expedition was either killed or wounded. Only
two survived — Manuel Chaves and a civilized Navajo
boy, who had accompanied the expedition from Cebol-
leta, where he had been raised by a prominent Mexican
family. Chaves had seven arrow wounds, one arrow
having pierced his body through and through ; the boy
was also wounded in the breast, but not so severely as
to prevent his hiding in the rocks of the canon. When
night came the Indians moved to their camps, believ-
ing that every one of their enemies had been slain.
After much effort Chaves succeeded in finding the
dead body of his brother, which, with the aid of the
boy, he carried to a nearby arroyo and buried in the
sand. Finally the two young men started on their
journey to the settlement at Cebolleta; all night and
the following day they travelled, arriving on the morn-
ing of the second day at a beautiful spring of clear,
sweet water, situate where now is located Fort Win-
gate, New Mexico. They had been without food or
wrater since the beginning of the battle three days
before. Chaves removed his clothing and took a bath
in the cold water of the pool near the spring, and his
wounds bled freely. The Indian boy would not get
into the water, fearing that the result would be bad
for his wound. Instead, he took some carnaza from
the inside of his moccasins and attempted to dress the
wound in his breast. Starvation seemed to be their
lot, when they found some very large cactus, and
stripping the thorns, made an excellent meal. That

OP THE TERRITORY OF NEW MEXICO. 295

night the pair slept in a grove of trees not far from
the spring, and, when daylight came, Chaves, much
to his surprise, found the Indian boy dead and his body
very badly swollen. Covering the boy's body with
brush, Chaves proceeded on his way alone, traveling
for two days and nights with no food except cactus.
On the morning of the third day he came across some
fresh moccasin tracks, which led him to a large rock,
which he managed to climb, where, to his great sur-
prise and satisfaction, he found a big hole, full of
water. The day following he came to the lovely val-
ley where San Mateo is now located and passed the
night under two beautiful oak trees.72

The next day he noticed some smoke on top of
the San Mateo Mountains, and later found some Mexi-
can shepherds, who prepared a litter and carried him
to the town of Cebolleta. He continued living in
Cebolleta for several years and became renowned as
an Indian fighter, leading many successful expeditions
against the savage foes. About 1837, he took up his
residence in Santa F£, where he lived for many years,
and where, with the Pinos and other leaders, he fig-
ured very prominently in the history of the Capital.

In 1841, when Manuel Armijo was governor of
New Mexico, news was brought to Santa F£ that a
large party of Americans were traveling through the
eastern portion of New Mexico and at the time were
in the vicinity of Anton Chico, on the Pecos river.

"In 1876, Chaves moved from the Pecos river, where he
was then living, to San Mateo, and built his home within one
hundred feet of the oak trees. Immediately back of these
trees he built a family chapel, in which his remains lie
buried together with those of his wife and children who
have died.

296 THE MILITARY OCCUPATION

The governor was advised that the men were armed
and were not traders similar to those who traveled
over the Santa Fe trail from the Missouri river. Ar-
mijo very wisely came to the conclusion that they
were Texans bent upon asserting the claim of the
Texas Kepublic to all that portion of New Mexico
lying east of the Rio Grande. Calling together his
military staff, a council was held and it was deter-
mined to immediately apprehend the invaders. Diego
Archuleta and Manuel Chaves were ordered to or-
ganize a force of one hundred men, with instructions
to proceed to the camp of the American force and
bring them to the capital dead or alive. No time was
lost by Chaves in organizing this command, and, well
armed, they left the Capital for Anton Chico, and soon
learned that the Americans were in camp not far from
San Jose, at a place called Canon Largo, situate in a
dense forest. During the night they surrounded the
camp of the Americans, and, at daylight the following
morning, Chaves posted his men in convenient places
and walked into the camp where breakfast was being
prepared. He went unarmed. Being familiar with the
English language, he saluted them in that tongue and
asked for the leader of the party. As he spoke, a
fine looking young man came from a tent and an-
nounced that he was the commander of the party and
that his name was Cooke. Chaves then explained to
him that, acting under the orders of the governor of
New Mexico, they had come from Santa F£ for the
purpose of taking them to the Capital as prisoners,
and explained further the belief entertained by Gov-
ernor Armijo as to their motive in coming to New
Mexico. Cooke protested that they were simply trav-

OP THE TERRITORY OF NEW MEXICO. 297

eling as friends on pleasure and hunting, and this
being the case, he did not see any good reason for
their being molested; that they were well armed, on
account of the Indians, and asked what would be done
in the event he refused to surrender. Chaves then
gave a call and in a moment his men approached the
camp from all directions, rifles in hand. Chaves in-
formed Cooke that he and his men would be well
treated on the trip to Santa Fe and, after receiving
their arms, proceeded at once to the Capital, where,
on their arrival, they were turned over to Governor
Armijo. The Governor gave the entire party in charge
of Captain Damasio Salazar, an officer in the Mexican
army. Chaves and Cooke became very friendly during
the march to Santa Fe', and, upon application to Gov-
ernor Armijo, Cooke became the guest of Chaves at
his home in Santa F6 until the entire party were or-
dered sent to the City of Mexico by Armijo, who fully
believed that he had captured the advance guard of
an army of conquest and occupation from the Kepublic
of Texas. Cooke made many friends in Santa F£, who
parted with him with great regret. Chaves and Ar-
chuleta received the cross of honor from the Mexican
Government on account of their services in this
exploit.

Chaves was a resident of Santa F6 when the army
under General Kearny took possession of the city and
territory. He was one of the officers under Armijo,
in command of the volunteer forces at Apache pass,
and was in favor of a defense of the position taken
by the Mexican troops in the narrow defile through
which the Kearny column was expected to pass.

298 THE MILITARY OCCUPATION

In December, 1846, rumors were current in certain
circles in Santa Fe' that a conspiracy was being formed
by certain Mexican leaders looking to the overthrow
of the government. Some old residents of Santa F£,
who had come from the United States long before the
Mexican war, informed General Price, wrho wTas in com-
mand of the American army at Santa F£, that there
was no doubt that the Americans would be attacked
when they least expected it, and that most of them
would be killed. Information of the same sort was
brought to Donaciano Vigil, the secretary of the Ter-
ritory, by a woman of shady character named Tules
Barcelona. Steps were immediately taken by the mili-
tary to suppress the outbreak and twelve or fifteen
prominent Mexicans were taken into custody, wrhile
others, more prominently connected writh the affair,
made good their escape. Among those arrested by
General Price were Manuel Chaves, and his warm
friends, Miguel Estanislado Pino and Nicolas Pino.
General Price was advised to keep them in prison and
all would be well, and also suggested that it would be
well to have Manuel Chaves shot, as he was the most
dangerous man in the Territory in case of trouble.
Chaves and the Pinos were arrested while sitting
under the portal in front of the Exchange hotel. Don
Miguel E. Pino was the greatest statesman of his day
in New Mexico. He was a venerable looking man and
was respected and loved by all who knew him. He
wras kept in the military prison seven days and finally
released. Don Nicolas Pino, a younger brother of
Don Miguel, was the best looking man in New Mexico.
He favored his father, Don Pedro Bauptista Pino, the
only man who ever represented New Mexico in the

OF THE TERRITORY OF NEW MEXICO. 299

Spanish Cortes. He was a very large man, over six
feet tall and weighed about two hundred and twenty-
five pounds. Don Nicolas was kept in jail twenty-
two days. Don Manuel Chaves was a small man,
five feet seven inches in height and weighed
about one hundred and forty pounds. He had
steel gray eyes and light brown hair and a
florid complexion. One day while Chaves was in
prison, General Price sent Captain Angney to
talk with him and ascertain whether he had any in-
formation of the conspiracy that was said to be form-
ing all over New Mexico for the purpose of killing the
Americans, and whether he was in sympathy with
the movement and would co-operate with the con-
spirators if free to do so. Chaves said in reply : 'Cap-
tain, be kind enough to take my compliments to Gen-
eral Price and say that he has nothing to fear from
me now. When Armijo disbanded the volunteer army
at Canoncito, I gave up all hope of being of any service
to my country at this time, and my record as a man
will show that I am not at all likely to sympathize
with any movement to murder people in cold blood.
Tell him also that if the time ever comes when I can
be of any service to my own country, General Price
will find me in the front ranks."

Enemies of Chaves finally induced General Price
to order a court martial for his trial. This court con-
vened in January, 1847, and Chaves, under a strong
guard, was taken to Military Headquarters where the
court was in session. He was charged with treason
against the United States and Captain Angney was de-
tailed to defend him. Captain Angney was a lawyer
by profession and his defense of Chaves was masterly.

300 THE MILITARY OCCUPATION

He contended that inasmuch as the prisoner was not a
citizen of the United States there could be no trea-
sonable act on his part, and that in being ready to
resist the Americans who had taken possession of
the country, was an exhibition of patriotism on his
part and worthy of the admiration of all brave men,
and that his own country would forever bear the stain
of disgrace if it undertook, under any pretext, to shoot
a man for endeavoring to defend his country in time
of need. Chaves was acquitted and set at liberty. He
retired to his home, immediately in the rear of the
Guadalupe church in Santa F£, and, early the follow-
ing morning, was informed of the breaking out of the
revolution at Taos and the killing of Governor Bent
and other Americans at that place. Steps were taken
at once by General Price to put an end to the revolu-
tion and to punish the insurgents. An "Emergency
Battalion" was organized in Santa F£, made up of
citizens, with Ceran St. Vrain as captain. Chaves was
offered a commission in this battalion by St. Vrain, but
declined, and, having taken the oath of allegiance to
the United States, marched in the ranks to Taos, an
enlisted man. Don Nicolas Pino also enlisted and
both took an active part in the battle of Taos. While
the battle was in progress Chaves and St. Vrain were
fighting side by side, when two Indians came running
toward them on horseback, evidently looking for a
hand to hand conflict. As they approached, Chaves
raised his rifle and fired; St. Vrain expected to shoot
the other Indian, but, at the very moment of taking
aim, a big Apache Indian jumped from behind some
cedars and grabbed St. Vrain's rifle; a fierce struggle
followed; St. Vrain called to Chaves to kill the Indian

OF THE TERRITORY OP NEW MEXICO. 301

who was coming on horseback, as he would handle
the Apache. Chaves had killed the Indian at whom
he had fired his first shot and his companion turned
and fled. Chaves then ran to the assistance of St.
Vrain and struck the Apache a terrific blow on the
head with his "Hawkins" rifle. The Indian fell dead
across the legs of St. Vrain, who was completely ex-
hausted and in another moment the Indian would
have taken his life with an immense knife which he
had been trying to use. From that day St. Vrain and
Chaves were the greatest of friends.

Chaves was a wonderful shot with the rifle and
bow and arrow. No Indian was ever found who could
shoot an arrow as far as he. While he lived in Santa
F£ many parties of Indians were accustomed to come
to the city for the purpose of shooting with him and
wagering horses, blankets and buckskin on the result,
but they were invariably defeated.

In 1855, the Utes and Apaches of the North went
on the war path and many settlers were killed. The
military authorities determined to send an army to
suppress them. For this purpose a battalion of
mounted volunteers wras called into service by General
Garland, at that time in command of the Department
of New Mexico, with headquarters at Santa F£.
Colonel Ceran St. Vrain was placed in command of
the battalion and Manuel Chaves was a captain of one
of the six companies comprising the command. Alex-
ander McDowell McCook was the Quartermaster of
the expedition. He was then a young lieutenant and
afterwards became a Major-General during the Civil
War. William Craig and Smith H. Simpson were
officers in this expedition.

302 THE MILITARY OCCUPATION

This expedition left Santa Fe and traveled to the
north as far as a place known as Saguache. where
the Utes and Apaches in great numbers were in canip.
Scouts had advised the main body of the Indians of
the approach of the troops, and, as the latter came in
view, from the forest came the Indian charge, all
mounted, wearing war bonnets, and carrying shields
and lances. There were hundreds of the painted sav-
ages, and the attack turned into a hand-to-hand con-
flict. A young Apache chief rode to and fro, yelling
at the top of his voice, and encouraging his warriors
at every hand. This chief, with lance in hand, boldly
charged upon Captain Chaves, who killed him with
a shot from his unerring rifle; before the Indian had
fallen from his horse he was dragged to the ground
by Antonio Tapia and scalped with a knife, which
afterwards came into the possession of Major Weight-
man, and was used by him when he killed Felix X.
Aubrey in the Exchange hotel, at Santa F£. The
Indians finally turned and fled, having suffered great
loss. Following this battle, were fought those of Co-
chotopa, Poncha Pass, Xepesta, Cerro Blanco and El
Rito. in all of which the troops were victorious. 73In

""Company D New Mexico Mounted Volunteers.

Head of San Luis Valley, New Mexico, April 30, 1855.
Col. Fauntleroy.

Sir: I have the pleasure in reporting to you that after
I received your order through Lieutenant Magruder, A. A. G.,
to burn everything that was left by the Utes, I burned a
great number of shields, bows and arrows, buck-skins and
other things not worth mentioning. In the meantime, I
marched up to the mountains and above the camp to the
right, close to the Arkansas river, and counted forty bodies
of dead Indians within about three miles of the camp where
we had the fight. My company found 29 horses and one

OF THE TERRITORY OP NEW MEXICO. 303

the month of July, 1855, the surviving chiefs came to
Santa F£ and asked for peace, and, in August of that
year, a treaty was signed.

In 1859, the Southern Apaches began the com-
mission of many depredations, and many settlers and
travelers were murdered by marauding bands, chiefly
under the leadership of the great Apache Chief, Man-
gas Coloradas.

Colonel Loring, a hero of the Mexican War, was,
at that time, in command of the Department of New
Mexico. He determined to lead, in person, a cam-
paign against the Apaches. He requested Captain
Chaves to raise a company of volunteers to accom-
pany him. This was done by Chaves in five days.
The expedition was composed of several companies
of regulars and the volunteers, under Captain Chaves.
Traveling south, on the Jornado del Muerto, the com-
mand crossed the trail of a very large band of Indians.
Colonel Loring called a council of his officers to deter-
mine upon the best plan of pursuit. Many opinions
were expressed, and finally Loring asked Chaves what,
in his judgment, was the best plan. "Colonel," said
Chaves, "I am a soldier, and came here to obey orders,
but now that I am asked my opinion, I think there
is only one way, and that is to follow them Indian
fashion, traveling day and night, make no fires, and
eating what we can without cooking. They know we
are on their trail, and unless we move rapidly they

mule. I do not doubt that the Indians that got away will
die in a very short time, as the blood on the trail shows
that they could not live long.

I remain your obedient servant,
MANUEL CHAVES,

Captain, N. M. Mounted Volunteers."

304 THE MILITARY OCCUPATION

will be in Mexico before we get sight of them. If
you will allow me to go ahead with my company, I
know that I will overtake them." "All right, cap-
tain," said Loring, "if you can stand it, we can; go
ahead." The pursuit began. Day and night they trav-
eled the dreary, sandy desert wastes. Some of the
men, exhausted, fell from their saddles; others fell
asleep while riding; officers and men began to grum-
ble, and, finally, Loring halted the command and the
men took a night's rest, all but Captain Chaves, his
half-brother, Don Romen A. Baca, Don Lorenzo Laba-
die, his brother-in-law, and Don Jesus Chaves, a close
relative. These were all Indian hunters and scouts of
experience. When they had made a close examina-
tion of the trail, Chaves came to the conclusion that
the Indians were only a short distance in advance.
Carefully and stealthily each man scouted and
searched, and, within two hours, the Indians were
located at the bottom of a deep canon ; their fires were
so numerous that they could not be counted. Quickly
Chaves and his companions returned to camp and re-
quested Colonel Loring to order an immediate advance.
The order was given, and before daylight the troops
had arrived at the rim of the canon, where the almost
extinguished camp fires of the Indians could be plainly
seen. The proper manner of attack was discussed by
Loring with his officers, some advising that the com-
mand be divided, one part going below, and the other
above the Indian camp. Captain Chaves stated that
if this plan was pursued, before the bottom of the
canon could possibly be reached by the troops, the
Indians would be far away; that the only way was
to dash down the precipitous Avails of the canon, on

OF THE TERRITORY OP NEW MEXICO. 305

foot, thus giving the enemy a complete surprise and
kill or capture them before they could run away.
Some of the officers opposed Chaves' plan as being too
dangerous, a Captain Butler saying that it was a bar-
barous proposition, when Loring ordered Butler to
take his company and go below and find a place for
easy descent into the caiion. Turning to Captain
Chaves, he said: "Now, Captain, I will go down the
precipice with you." And down they went, spread-
ing consternation and dismay in the ranks of the In-
dians; a great slaughter followed; Indian after Indian
fell by the bullets that were fairly rained upon them.
Colonel Loring only had one arm, having lost the
other in the Mexican war, but with pistol in hand he
was always in the lead. Many Indians were cap-
tured, among others the chief himself, the famous,
bloodthirsty warrior, Mangas Coloradas. Chief Man-
gas was a very old man, with white hair, and was
captured as he came out of his tent, rifle in hand.
The troops were now in hot pursuit of the Indians
who had fled down the canon. Captain Chaves left
a man named Johnson, a volunteer, with others, be-
hind, to guard the captives. When they returned they
found that Johnson had killed the chief, saying that
he had done so while Mangas was endeavoring to
escape.

-The year following the return of this expedition
witnessed the breaking out of the civil war. When
the news of the firing upon Ft. Sumpter reached mil-
itary headquarters at Santa F£, Colonel Loring sent for
all the officers in the several camps and posts in New
Mexico to be present at a conference at Ft. Marcy.
The meeting was held in the old Palace at Santa

306 THE MILITARY OCCUPATION

Fe. He told the officers of the commencement of hos-
tilities and stated that he had called them together
that they might decide which side each would take.
"For my part, he said, "the South is my home, and
I am going to throw up my commission and shall join
the Southern army, and each of you can do as you
think best." Captain Jewett and several others, from
the South, expressed the same sentiments. Colonel
Loring called upon his old friend, Captain Chaves, and
asked him to join him and promised that he would
receive a commission as Colonel in the Southern army.
Captain Chaves declined, saying, "Colonel, when I
took the oath of allegiance to the United States, I
swore to protect the American flag, and if my serv-
ices are needed I shall give them to the country of
my adoption and her flag."

The same year volunteer regiments were raised
in New Mexico, and Captain Chaves received a com-
mission as Lieutenant Colonel of the 2d Kegiment,
New Mexico Volunteer Infantry. Miguel E. Pino was
colonel of the regiment. Colonel Chaves, with a por-
tion of the regiment was ordered to Ft. Fauntleroy,
now Ft. Wingate, where he remained in command un-
til February, 1862, when the entire regiment, under
Colonel Pino, proceeded to Valverde and took part in
that battle on the 21st day of that month. After the
battle of Valverde, Chaves and a portion of his regi-
ment followed the Confederate forces north, and took
part in the battle of Glorieta, some of his men aiding
in the destruction of the Confederate wagon train at
Canoncito. After the war was over, Colonel Chaves
returned to his home to find that the Navajos had

OF THE TERRITORY OF NEW MEXICO. 307

stolen all his sheep, cattle and horses and left him
penniless.

After Colonel Chaves had been mustered out of
the army, the Navajos made a descent upon the val-
ley of the Kio Grande in the county of Socorro, kill-
ing many people and driving off great herds of cattle,
horses and sheep. They also carried into captivity
a son of Matias Contreras, a very prominent citizen
of Socorro county, who is still alive. Colonel Chaves
was notified of the raid and Contreras asked his aid
in recovering possession of his son. Chaves started
with eight picked men and joined Contreras and To-
mas Baca, of Socorro, and took up the trail of the
Indians. After traveling about one hundred miles
they came upon the Indians, who numbered over one
hundred warriors. Chaves and his companions were
mounted on mules, and as the Indians saw them com-
ing they turned to give them battle. Chaves and his
men dismounted and tied their animals to trees. From
behind the trees also Chaves and his intrepid compan-
ions fought. At first the Indians directed all their
efforts to the killing of the mules, picking them off
one by one. The fight lasted all afternoon until dark,
at which time every man had been killed by the Indi-
ans except Chaves, Contreras and Baca. Baca's leg
had been broken by a rifle ball, and that night Chaves
and Contreras carried him as best they could, until
they found a sheltered place, where they expected the
battle would be renewed in the morning. The Indi-
ans, however, left during the night. When this fight
began Colonel Chaves had 183 bullets and plenty of
powder; when night came he had just three bullets
left. According to Colonel Chaves and his compan-

308 MILITARY OCCUPATION OF NEW MEXICO.

ions, over fifteen savages fell that day by Chaves'
rifle. During the entire fight he walked from one tree
to another, firing the guns of his companions, while
they loaded his for him. One of the young men who
lost his life in this battle was Jose Maria Chaves.
All day he fought, was wounded half a dozen times,
and finally fell with a bullet through his head. Colo-
nel Chaves was not even wounded, although two bul-
lets passed through his hat. The three friends left
the scene of battle for the Rio Grande, and on the
way met Captain Roman A. Baca, with a party of
men, who had come out, believing that Colonel Chaves
and his companions had all been killed. Colonel
Chaves said many times that this was the hardest bat-
tle he ever fought.

Colonel Loring, after the close of the civil war,
went to Egypt, \vhere he was an officer under the Khe-
dive. On his return to the United States, he wrote a
volume of personal memoirs, in which he tells most
graphically of his campaigns and services to his coun
try in New Mexico and the Southwest. He writes
most highly of his friend, Colonel Manuel Chaves, and
says that, had "Chaves lived in the Middle Ages, he
would have been a second Cid Campeador."

General Nicolas Pino.

NICOLAS PINO.

There were many valiant cavaliers accompanying
the He-Conquistador, Captain General Diego de Var-
gas Zapata Lujan Ponce de Leon, to the Kingdom of
New Mexico in the year 1693, not the least of whom
was Captain Nicolas Ortiz Nino Ladron de Guevarra.
He was a most adventurous spirit, whom a restless
love of enterprise induced to join the expedition un-
der the great Spanish captain. The life of Ortiz is as
brilliant and exciting as a fairy tale, and his remark-
able adventures served to develop a bold and cour-
ageous character.

While yet a boy he had won the favor of his
king by winning from the Moors the city of Guevarra,
by which exploit he secured from his royal master the
addition to his name, "Nino Ladron de Guevarra."

When the expedition under De Vargas sailed
from Spain for the New World, having in view the
re-conquest of New Mexico, Captain Nicolas Ortiz
Nino Ladron de Guevarra brought with him his wife
and family. His wife was named Maria Ana Garcia
Coronado. There were several children, of whom the
eldest was also Nicolas Ortiz Nii!o Ladron de Gueverra.
The latter married Dona Juana Baca, and of the mar-
riage there were three children, Nicolas Ortiz Nino
Ladron de Guevarra, Third, Francisco and Toribio
Ortiz Nino Ladron de Guevarra. The eldest married
Dona Gertrudis Paiz Hurtado, of which marriage there
were two children, Juan Antonio and Antonio Jose.
The last named married Dona Rosa de Bustamente,
the daughter of Don Pedro de Bustamente, Governor

MILITARY OCCUPATION OF NEW MEXICO. 311

of the Province of New Mexico, of which union there
were five children, among them a daughter, Ana Ger-
trudis Ortiz Nino Ladron de Guevarra, who became the
wife of Juan Domingo Baca. There were twelve chil-
dren of this marriage, one of whom, Ana Maria, mar-
ried Pedro Bautista Pino in the latter part of the eigh-
teenth century.

Don Pedro Bautista Pino was probably the great-
est statesman ever born in New Mexico under Spanish
rule. He was the only representative to the Spanish
Cortes ever sent from New Mexico. He went to Spain
in 1810, and made a report to the King, written at
Cadiz, November 12, 1811, which report is, for all pur-
poses, a history of New Mexico up to that time. In
his capacity as representative in the Spanish Cortes,
he accomplished little, and after his return to New
Mexico, a statement of his services abroad was embod-
ied in a charming couplet, as follows:

"Don Pedro Pino fue;
Don Pedro Pino vino."

Don Pedro Bautista Pino was the father of Fa-
cundo Pino, Miguel E. Pino and Nicolas Pino, each
one of whom was prominent in the affairs of New
Mexico at the time of the coming of the Army of the
West under General Kearny.

There are hundreds of descendants of Nicolas
Ortiz Nino Ladron de Guevarra living in New Mexico
to-day. Some of these, whose names will appear later
in this narrative, were active in the political affairs of
New Mexico at the time of the American conquest.

The Pinos were of the most influential residents
of the Territory. All of them, time and again, held
important positions, either by election or appointment,

312 THE MILITARY OCCUPATION

under the Mexican government. They were all of
military spirit and were among the best educated men
of the Territory. Indian campaigners, every one of
them, each with a record of courage and daring un-
surpassed by any of the great Indian fighters of that
period.

When the news reached Santa F6 of the invasion
of Mexican territory by the American army, the Finos
immediately responded to the call issued by Governor
Armijo for volunteers, to resist, with all the means at
their disposal, the American advance. They at once
began raising companies and procuring arms and am-
munition. Meeting at Santa F£ with Don Tomas Ortiz,
Don Diego Archuleta, the Trujillos from Rio Arriba,
and other patriots, they gave counsel to General Ar-
mijo and helped to concentrate the Mexican forces at
the Apache Pass. Not one of them favored the aban-
donment of the Mexican position in the Apache Pass,
and each viewed with manifest disgust the action of
General Armijo in sending the volunteers to their
homes and his own flight to the south. When the
city was taken by Kearny, not one of the Pinos took
the oath of allegiance to the American government,
they, with others, considering themselves still citizens
of the Mexican republic, loyal to its interests, although
at the time practically under the control of the United
States.

After the departure of General Kearny for Cali-
fornia and Colonel Doniphan for Chihuahua, with
their commands, and some time after the coming of
General Sterling Price with the Second Missouri
Mounted Volunteers, a number of Mexican patriots,
unwilling, without an effective blow, to see their coun-

OF THE TERRITORY OF NEW MEXICO. 313

try conquered, never consenting to follow in the foot-
steps of others, prominent in the affairs of the time,
who had subscribed their allegiance to the United
States, and believing that the overthrow of the Ameri-
can forces was possible, began to hold meetings at
which were discussed several plans for the accomplish-
ment of this object.

These meetings were held at a house on the south
side of the public plaza, near the place where then
was located the military church, La Castrenza.

The 19th of December, 1846, at midnight, was the
time first appointed for the commencement of the re-
volt, which was to be simultaneous all over the de-
partment. In the meantime each one of the conspira-
tors had a particular part of the Territory assigned to
his charge, to the end that the people of th,e whole
territory might be enlisted. Only the most influential
men, those whose ambition induced them to seek pre-
ferment, were to be made acquainted with the plan.

Those who were cognizant of this plan to over-
throw the government, as has been ascertained from
statements made by some of those arrested at the time,
as well as from others who afterwards, when it was
plain that their life and liberty were no longer at stake,
freely made known the names of those who were thus
engaged, were Don Tomas Ortiz, Don Diego Archuleta,
Don Domingo C. De Baca, Don Miguel E. Pino, Don
Nicolas Pino, Don Manuel Chaves, Don Santiago Ar-
mijo, Don Augustin Duran, Don Pablo Dominguez,
Don Jose Maria Sanches, Don Antonio Maria Trujillo,
Don Santiago Martinez, Don Pascual Martinez, Don
Vicente Martinez, Don Antonio Ortiz, of Arroyo Seco,
Don Facundo Pino, Fr. Antonio Jose Martinez, Fr.

314 THE MILITARY OCCUPATION

Leyba and the Vicario, Juan Felipe Ortiz. All of
the foregoing were related, either by blood or mar-
riage. The Vicario, Juan Felipe Ortiz, and Tomas
Ortiz were brothers, and were direct descendants of
Captain Francisco Ortiz Nino Ladron de Guevarra.
One can fairly estimate the far-reaching influence of
this combination of patriots when it is known that the
Vicario, Ortiz, was at the head of the Church, next to
the Bishop, whose seat was in the city of Durango.
Exercising very little less influence w^as the Fr. An-
tonio Jose Martinez, of Taos, acknowledged by all to
have been one of the strongest men intellectually in
the priesthood and living in New Mexico at that time.
The American military officers, as wrell as the civil
officials, wrere never able to prove conclusively that
any one of these churchmen was actually present and
participating in the formation of the plan to overthrow
the government, but, in later years, Don Diego Archu-
leta and the Pinos did not hesitate to say so.

The plan fell through, howrever, owning to informa-
tion in regard to it having been communicated to
Donaciang Vigil, Secretary of the Territory, by a
woman of shady reputation, by the name of Tules
Barcelona, who was the proprietress of one of the
largest gambling houses in the Capital, and who was
on familiar terms with one of the principal revolution-
ists. Donaciano Vigil immediately made known to
General Price what had been told him, and a number
of arrests by Price's officers immediately followed.
Among those arrested wras Don Nicolas Pino. Don
Jose Maria Sanches and Don Augustin Duran were
also among those apprehended. Ortiz, Baca and Ar-
chuleta made good their escape.

OF THE TERRITORY OP NEW MEXICO. 315

When brought before General Price and his offi-
cers, in the main room of the Old Palace, Don Jose
Maria Sanches made confession of his part in the
conspiracy and told of the meetings and the action
taken. He said : "Don Diego Archuleta was the leader
at the meetings and made the motion for the nomina-
tion of a governor and a commanding general. He
nominated Tomas Ortiz for the first office and himself
for the second. This motion was carried and was
signed by every one present."

This writing was hid above the ceiling in the
house of the mother of one of the Pinos. At the meet-
ing the entire plan of assault was determined upon
and the 19th of December fixed as the day. After-
wards, owing to the fact that a sufficient number out-
side of the city of Santa F6 had not been fully notified,
the day for the uprising was postponed until Christ-
mas eve.

The manner in which Tomas Ortiz made his escape
from Santa F£, after the conspiracy had been detected,
is told by close relatives.

Don Clemente Ortiz, now living in Santa F6 (1909),
seventy-eight years of age, says: "I am a first cousin
of Tomas Ortiz, the leader of the revolution of 1846.
Many times I heard from him the story of the revolu-
tion. I also heard it from Don Miguel E. Pino. One
day in December, 1846, Don Donaciano Vigil called to
Don Augustin Duran, who was passing along the portal
of the Old Palace, and said to him, 'What is the news?'
'I know nothing,' said Duran. 'Yes, you do,' replied
Vigil. 'There is a conspiracy being organized against
the Americans. A meeting was held last night by
the leaders at the house of Manuel Pino. I know all

316 THE MILITARY OCCUPATION

about it. Another will be held to-night at La Cas-
trenza (Military Chapel). It is intended to start a
revolt against the Americans and to capture all the
officers from the commanding general down. Emis-
saries have been sent out to all the nearest points de-
manding that the people come to Santa F£ and take
part in the uprising. The night of the 24th of Decem-
ber is the time when it will happen. The people will
all be advised that when the third bell rings for the
midnight mass (Misa del Gallo) the men will leave the
chapel and arm for the outbreak."

Duran and others were arrested by the military
the same day and Duran also confessed at the hearing
before the military officers.

General Price stationed his soldiers all over town
and at the home of every one of the known revolu-
tionists.

"One evening about dark, I told my father, An-
tonio Matias Ortiz, that soldiers were guarding our
house. My father commanded the servants to lock the
doors and fasten the windows. In the morning I heard
some one calling at the door and went out to see who
it was. A soldier asked me, 'Is Mr. Ortiz here?' and I
answered 'Yes.' I then went into the house and told
my father that the soldiers wanted him. My father
put on his hat and cloak and went out, when the
soldiers ordered him to march to headquarters. He
was taken to the headquarters of General Price, which
were located right where the new parochial school is
situate in Santa Fe at this time. As the soldiers
approached the headquarters, they met Captain Ang-
ney, an officer under General Price, who recognizing
Don Antonio Matias Ortiz, told them to release him.

OF THE TERRITORY OF NEW MEXICO. 317

as he was not the Ortiz they wanted. This same
Captain Angney afterwards married Isabel Conklin, a
sister-in-law of Clemente Ortiz and a daughter of Don
Santiago Conklin, a prominent resident of Santa F£
at that time. Captain Angney had his own headquar-
ters at the house of Francisco Baca y Ferrus. His
home quarters were at the home of Domingo C. De
Baca, one of the conspirators; this building is the one
now owned by and in which lives Eugene A. Fiske
and is just west of the residence of the Vicar-General.

"The Vicario, Juan Felipe Ortiz, many times asked
my father, Antonio Matias Ortiz, to join the conspir-
acy, but he refused to do so. Don Miguel E. Pino
also told me, at the time I was serving as a volunteer
at the government post at Galisteo, in 185G and 1857,
at the home of Don Nicolas Pino, that the plan of the
conspiracy, as drafted and signed by all the conspira-
tors, was taken by Don Miguel E. Pino and hidden at
the house of his mother, Dona Ana Maria Baca, who
was the wife of Don Pedro Bautista Pino. It was
hidden in the ceiling. It was never found. As to
the manner of the escape of his cousin, Tomas Ortiz,
Don Clemente says that after Don Tomas arrived at
Galisteo, from Santa F£, he rode by way of the Es-
tancia valley through Manzano and Abo, across the
Gallinas mountains to the junction of the Eio Bonito
and Kuidoso, at or near the present site of Ft. Stanton,
thence to the ford of the Bio Grande, known as the
Ponce de Leon ford, and thence to Chihuahua.

Doila Isabel Cabeza de Baca, widow of Don Jose
D. Sena, in her life time, in discussing the facts rela-
tive to the conspiracy of December, 1846, told of the
escape of Tomas Ortiz from Santa Fe". Mrs. Sena was

318 THE MILITARY OCCUPATION

the daughter of Domingo C. de Baca, one of the con-
spirators, and her mother was Josefa Ortiz, a sister
of Don Tomas Ortiz, the leader of the conspiracy.

Mrs. Sena says that the soldiers came to the house
of the Vicario, Juan Felipe Ortiz, looking for his
brother, Don Tomas. They decided to make a search
of the store-room (dispensa), where they believed
Tomas was hiding; when they entered the room the
women all fled except Ana Maria Ortiz, who was watch
ing some toast (costales de biscocho) ; in this store-
room there was also a large supply of provisions, which
that night was sent to Galisteo on pack mules, await-
ing the coming of Don Tornas. Ana Maria Ortiz was
the wife of Eugenio Archuleta, a brother of Don Diego
Archuleta. During the time that the soldiers were
thus searching the house, Don Tomas was hiding on a
balcony facing the garden of the Vicar-General. When
the soldiers left, he was taken from the balcony and
dressed in the garb of a servant girl, and from his
place on the balcony was lifted with ropes to the roof
of the chapel on the right-hand side of the cathedral;
he was then lowered into the garden and taken by
Pedro Trujillo to the house of his mistress, a woman
named Peregrina, who lived on the Arroyo Sais, above
where the arroyo crosses Palace Avenue in Santa F£.
Trujillo carried Tomas Ortiz on his back and passed
over a trail leading to the rear of where is now located
St. Vincent's sanitorium. On the way to the arroyo
where Dona Peregrina lived, Trujillo was met by a
squad of soldiers, who asked him whom he was carry
ing, and he told them it was his daughter, who was
very sick. They finally reached the house of Dona
Peregrina.

OF THE TERRITORY OF NEW MEXICO. 319

Meanwhile preparations had been made for two
horses, the fleetest of any in Santa F£; these were
stationed on the bank of the Santa Fe' river, about two
hundred yards from the house of Peregrina; after
taking Ortiz to the house, Trujillo went to the river,
where the horses had been brought. Shortly Ortiz
came out, dressed as a servant girl and carrying a
tinaja (water jar) on his head, evidently going to the
river for water. As he was proceeding down the ar-
royo he was met by some soldiers on foot, who asked
if "she" knew where lived a woman named Peregrina,
and if so, whether Tomas Ortiz was at her house.
Ortiz replied "yes," and pointing out the house, said,
"Ortiz is there in the kitchen now." The soldiers then
proceeded to the house, and Ortiz, picking up his
skirts and throwing them over his shoulder, ran down
the arroyo toward the river. As he did so, two Mexi-
can women, standing near a small adobe house,
shouted to the soldiers, "Haya va Tomas Ortiz, Gringos
pendejos!" Ortiz reached the river, where with his
friend, Trujillo, he mounted his horse and was soon
lost to sight on his way to Galisteo, where he joined
with Don Francisco Ortiz y Tafoya, who had been
sent to Galisteo by the Vicario with fresh horses,
money and provisions for his flight to Chihuahua.

Don Miguel E. Pino and Don Nicolas Pino did not
take any part in the revolutionary movement after-
wards. They had nothing to do with the outbreak at
Taos, and Don Nicolas, after he was released from
prison in Santa Fe', having been arrested while sitting
in front of the old Exchange hotel, took the oath of
allegiance to the United States and, when the news
of the death of Governor Bent reached Santa F6, en-

320 THE MILITARY OCCUPATION

listed in Captain St. Train's company of volunteers,
and, with his friend, Don Manuel Chaves, went to
Taos and took an active part in the attack upon and
defeat of the insurgents at that place.

After the treaty of peace with Mexico, Don Nico-
las Pino and his brothers were among the most loyal
of the citizens of New Mexico to their adopted gov-
ernment. All of the brothers held many positions of
trust under American rule, both military and civil.
Don Miguel and Don Nicolas were both officers and
in command of substantial bodies of volunteers during
the war of the rebellion. Until their death there was
no session of the legislative assembly but what some
one of the Pinos was a member, either of the house
or council. Don Facundo Pino was president of the
council several times. He wras president of the legis-
lative council in 1861, at the time of the breaking out
of the war. Don Diego Archuleta was president of the
same body during the war, the sessions being the
Thirteenth and Fourteenth. Don Miguel E. Pino was
president of the council in 1865, and after the war was
over, and again in 1866, Don Nicolas Pino was presi-
dent of the council in 1869, and was a member of that
body in 1873 and in 1878.

The first legislative assembly of the Territory of
New Mexico convened at Santa F£ on the second day
of June and again on the first day of December, 1851.
The president of the council at the first session was
Fr. Antonio Jose Martinez, and of the second session,
Juan Felipe Ortiz. Both of these very distinguished
New Mexicans, who only four short years before had
sought the overthrow of the American power, were
now among its most loyal supporters. Don Juan

OP THE TERRITORY OF NEW MEXICO. 321

Felipe Ortiz was the president of the council of the
second legislative assembly, and his brother and co-
conspirator, Tomas Ortiz, was clerk of that body. In
1853, Tomas Ortiz was elected a member of the legis-
lative council from Santa Fe' county and served with
distinction.

Don Nicolas Pino survived all his brothers. He
died in November, 1896, and is buried in the village
cemetery at Galisteo. All of the Pinos were of noble
mold. They were of a brave and chivalrous class.
They fought the battles of frontier days and lived to
see the changes which American progress and civiliza-
tion have wrought. Don Nicolas was in his 77th year
when he passed away. He was a man of large means.
He was charitable and kind, as he was gallant and
brave.

"How sleep the brave, who sink to rest,
By all their country's wishes blest!
When Spring, with dewy fingers cold,
Returns to deck their hallowed mold,
She there shall dress a sweeter sod
Than Fancy's feet have ever trod.
By fairy hands their knell is rung,
By forms unseen their dirge is sung,
There honor comes, a pilgrim grey,
To bless the turf that wraps their clay,
And Freedom shall awhile repair
To dwell, a weeping hermit, there."

David Waldo,
a Photograph in the Possession of His Daughter, Mrs. Lula Waldo Sloan.

DAVID WALDO.

David Waldo was the Captain of "A" Company
of the First Missouri Mounted Volunteers. The com-
pany was organized at Independence, Mo., and
marched from that place to Fort Leaven worth, arriv-
ing on the 6th day of June, 1846, where it was mus-
tered into service for one year on that day. The com-
pany participated in all the events of the march to
Santa F£ and Chihuahua, and was mustered for dis-
charge at New Orleans, La., on June 22, 1847.

The Lieutenants were: First, John Keid; second,
David I. Clayton and Henry I. Chiles. John S. Webb
was First Sergeant.

Captain Waldo was the son of Jedediah and Polly
(Porter) Waldo, and was born at Clarksburg, Virginia,
April 30, 1802. In his early youth he was engaged in
rafting logs down the Ohio river. He came to Mis-
souri in the year 1826, and went into the logging bus-
iness on the Gasconade, floating the logs into the Mis-
souri, thence to St. Louis. The revenue from this bus-
iness sufficed to carry him through a complete medi-
cal course at Transylvania University, Lexington, Ky.
After receiving his degree in medicine, he returned to
the Gasconade country, where he lived for a short
time, moving later to Osceola, in St. Clair county, and
afterwards to Independence, Jackson county, Mis-
souri.

He did not long continue in the practice of his
profession, and soon after coming to Independence be-
gan trading over the Santa F£ Trail, and was engaged
in mercantile business in Chihuahua and Taos, Mexico,

324 THE MILITARY OCCUPATION

as early as 1831. At the commencement of hostilities
with Mexico, Captain Waldo had already amassed
a large fortune in business. For sixteen years he had
again and again traversed the old Trail, and knew all
the people of New Mexico of consequence, socially and
in a business way. To him was largely due the ap-
pointment of Charles Bent as governor of New Mex-
ico by General Kearny. It is well known that Gen-
eral Kearny consulted Captain Waldo in the making
of all the civil appointments, prior to his departure
for California. Captain Wraldo was a master of the
Spanish language, and of most pronounced scholarly
attainments. He was essentially a man of affairs, and,
of all the officers under Kearny and Doniphan, was
best acquainted with the citizens of New Mexico. Old
diaries and records show him to have been identified
with the business life of the Territory for years prior
to, as well as after, the conquest. He assisted in the
preparation of the code of laws promulgated by Gen-
eral Kearny and translated the code into the Spanish
language. Whenever any papers or documents fell
into the hands of Doniphan, they were always given
to Captain Waldo for translation. He was a great
friend of William Gilpin, the major of Doniphan's
regiment. It was Captain Waldo who, in 1843, loaned
Gilpin a part of the money necessary for his expenses,
when Gilpin started overland and alone on an expe-
dition from Independence, Mo., to the mouth of the
Columbia river. Captain Waldo accompanied him as
far on the trail as Lone Elm, where Gilpin fell in
with the party under John C. Fremont.

During the march to Santa F£ and Chihuahua
Captain Waldo remained the steadfast friend of Gil-

OP THE TERRITORY OP NEW MEXICO. 325

pin, and did his utmost to secure his election as Lieu-
tenant Colonel of the regiment, upon the resignation
of Lieutenant Colonel Ruff. The latter was a West
Pointer and was not popular with the men. Gilpin
was also a graduate of the military academy, and
largely on this account was defeated in the election.

After Kearny's command had been at Santa F£
about a month, Captain Waldo and Captain Stephen-
son, with their companies, under command of Major
Gilpin, were dispatched to the town of Abiquiu, on
the Chama river, for the purpose of keeping the In-
dians in check in that part of the Territory. Abiquiu,
for many years, had been an outpost against the
Apache and Ute Indians. Later on Captain Waldo
and his troop took part in the campaign against the
Navajos, resulting in a treaty of peace with that pow-
erful tribe.

Shortly before the battle of Brazito Captain Wal-
do was severely injured by a fall from his horse, but
this did not prevent his active participation in the
battle on Christmas day.

Shortly after Doniphan's command reached El
Paso, a proclamation by Don Angel Trias, governor
of Chihuahua, fell into the hands of the Americans
and was translated by Captain Waldo, as follows :

"Soldiers : The sacrilegious invaders of Mexico
are approaching the city of El Paso, an important
part of the state, where the enemy intend establish-
ing their winter quarters, and even pretend that they
will advance further into our territory. It is entirely
necessary that you go; you, defenders of the honor
and glory of the Republic; that you give a lesson to
these pirates.

326 THE MILITARY OCCUPATION

"The state calculated much upon the aid that
would be given by the valiant and war-worn citizens
of the Pass, but treason has sown there distrust and
the patriotic people, by disgraceful mutiny, retreated
at thirty leagues distance from a small force under
the command of General Kearny, when they might
have taken him and his force prisoners at discretion.
Subordination and discipline were wanting.

"You go to re-establish the character of those
Mexicans, and to chastise the enemy, if he should dare
to touch the soil of the state; the state ennobled by
the blood of the fathers of our independence. I con-
fide in your courage, and, alone, I recommend to you
obedience to your commanders and the most perfect
discipline.

"All Chihuahua burns with the desire to go with
you, because they are all Mexicans, possessed of the
warmest enthusiasm and the purest patriotism. They
will march to join you at the first signal; the circum-
stances of the war demand re-enforcements; they shall
be forwarded, let it cost the state what it may. To
the people of Chihuahua no sacrifice is reckoned when
the honor of the Republic is at stake.

"The enthusiasm with which you march, and the
sanctity of your noble cause are sure evidences of vic-
tory. Yes, you are led by the God of Battles, and
your brows shall be crowned with laurels. Thus trust
your friend and companion,

"ANGEL TRIAS.

"Chihuahua, November 9, 1846."

At the battle of Sacramento, on February 28,
1847, Captain Waldo, at the head of his troop, dis-
mounted, stormed a most formidable line of redoubts

OP THE TERRITORY OF NEW MEXICO. 327

on the enemy's left, defended by several pieces of
cannon and a great number of resolute and well-armed
men. It was Captain Waldo's command that took
possession of the battery on Sacramento Hill, which
had been keeping up a cross-fire on the American
right during the entire engagement. The fact that the
Mexican batteries were compelled to fire plungingly
upon the American advance accounts for the small
damage inflicted upon the storming parties. This was
particularly true of the Mexican battery placed on the
brow of the hill.

When the force under Doniphan began making
preparations for the evacuation of the city of Chi-
huahua the American merchants who had been en-
gaged in business in that city were alarmed for fear
the departure of the American army would leave them
and their property entirely without protection. Just
what arrangements were made by Doniphan looking
to the safeguard of American interests in Chihuahua
are related in a letter from Colonel Doniphan to Cap-
tain Waldo, after the return of the regiment to Mis-
souri. The letter is as follows:

"Liberty 10 Jan 48
"Capt D. Waldo

"Dr. Sir.

"I anticipated being in your town to-day and
therefore did not answer your favors as I knew it
would be more satisfactorily and fully done verbally.
In relation to the treaty or agreement made by the
merchants of Chihuahua with the Government of that
state I can only speak from memory — the agreement
had not been consummated when I left the City—
(Felix Mesceira not having returned) who had gone

328 THE MILITARY OCCUPATION

as agent for them to the temporal state Government.
I first proposed to make a treaty for the merchants
with the authorities at the request of Dr. Conelly,
McManus, Glasgows &c & Dr. Conelly went to Parral
& commissioners came up with him but the merchants
by that time had come to the conclusion that a tre-
mendous meeting & sundry resolutions would force
me to stay there as long there was a shirt-tail full of
goods in the City — when Collins came back from Genl.
Taylor and they found I was ordered south they then
began to relent & were solely grieved that they had
objected to my making a treaty for them. They then
desired me to do so— I refused but told them they
might stipulate for their safety by making my imme-
diate withdrawal with our forces from the State of
Chihuahua & the payment of New Mexican duties the
basis of the treaty on the American side. I gave Dr.
Conelly a written statement & directed him to send
it by Mesceira to the state authorities in which I
stated that if a treaty was made that I would leave
with our forces in a few days — that I would use my
influence to prevent Genl. Wool or any detachment
of his army from marching on Chihuahua — and the
Mexicans having heard that some reinforcements were
coming from New Mexico I was to leave a written
order with Dr. Conelly directing such force not to
occupy Chihuahua but to pass through as speedily as
convenient. This I think was the whole of it — Dr.
Conelly promised if Mesceira returned he would send
the agreement to me for my approval — they never did
so & I do not know what it was — further than my
own guaranty.

OF THE TERRITORY OF NEW MEXICO. 329

"I regret that the Govt has been so simple as
to send any troops there — surely no good & much harm
may come of it & if I had known of such intention
in time I would have protested against it.

"I regret to learn that Gilpin's Battalion has
made so bad a beginning — I am gratified that he was
absent & that no blame can attach to him — I hope
they may have a better end — but there is little to
hope from the Dutch in that sort of service.

"I send you a discharge for W. P. Johnson it is
not very full — I thought it best to write it on the
same paper with Genl. Kearny's & it would be all
the better explained as I presume his object is his
pay perquisites & land scrip, all of which he will get.
"Yrs respectfully,

"(Signed) A. W. DONIPHAN."

Captain Waldo was a man of sturdy character.
In his business relations he was very exact. Of all
the distinguished men in Colonel Doniphan's com-
mand, none suffered a severer personal loss, growing
out of the events of the American Occupation of New
Mexico than did Captain Waldo. For more than fif-
teen years prior to the coming of the Army of the
West, had been associated with him, as well also in
trading for himself, a younger brother, Lawrence L.
Waldo, the father of Henry L. Waldo, of Las Vegas,
New Mexico. The younger Waldo was of most ex-
emplary habits, kind and courteous, the gentleman in
all his social and business life, really loved by all
who knew him. His friendship for the Mexicans and
Indians was marked, and, like Governor Bent, he had
every confidence in their loyalty to and personal re-
gard for himself. Of the Americans remaining at

330 THE MILITARY OCCUPATION

Santa F£ after the departure of Doniphan for Chi-
huahua, there was no single individual who better
understood the Mexican character, or was in better
position to ascertain the true sentiment of the Mexi-
can people toward the American government. He
was well aware of the discontent that prevailed
among the ambitious leaders, who were convinced
that General Armijo had been recreant to his trust,
as the executive and commanding general of the Ter-
ritory, in not giving the American army battle at the
Apache Pass. The discovery of the conspirary of De-
cember, 1846, and the flight of the known leaders from
the capital seemed to have lulled the officers of the
army into a feeling of security, but, as a matter of
fact, the discovery and arrest of a number of those
most prominently identified with the attempt to over
throw the government only served to whet the desire
of the people for some sort of protest against the
manner in which the conquest had been achieved.

Leaving Santa Fe, in company with some other
prominent traders, on his way to Independence, all
unaware that the revolution had actually broken out,
feeling secure personally on account of his many
years' association with the Mexican people, just as
his caravan was approaching the town of Mora, on
the 19th day of January, 1847, he was shot from am-
bush and instantly killed.

Six days prior to his death, in a letter written
from Santa Fe to Captain Waldo, then with his com-
mand at El Paso, awaiting the coming of artillery
from Santa Fe to accompany the march on Chihua-
hua, he said: "It seems that a general mistake has
been made by all that were acquainted with the gente

OF THE TERRITORY Otf NEW MEXICO. 331

of this Territory in regard to their willingness to be
subject to the rule of the United States. It is satis-
factorily ascertained that not one in ten is agusto,
and, as far as I can judge, and I am well acquainted
with the eastern side of the mountains, not one in
one hundred is content." His estimate was only too
true. Even those who had taken the oath of alle-
giance at Las Vegas joined the ranks of the insur-
gents.

On the first of February his death was avenged
by Captain Morin and his men, in the complete dem-
olition of the town of Mora. The insurgents fled to
the neighboring mountains. Their loss was twenty-
five killed and seventeen taken prisoners. The
bodies of the Americans who had been assassinated
were taken to Las Vegas and interred in the cemetery
west of the old town on the right bank of the Gal-
linas river. Captain Waldo did not receive news of
the death of his brother until the 16th day of Feb-
ruary, when he was en route to Chihuahua, just
twelve days before the battle of Sacramento.

A newspaper, the Reveille, published in Missouri
at the time, gives the following account of the mas-
sacre of Governor Bent and others in the revolution
at Taos and Mora:

"Mr. Thomas Caldwell, whose arrival at Inde-
pendence was noticed yesterday, came down last even-
ing on the steamer Bertrand, and to him we are in-
debted for later and more authentic information from
Santa Fe\ The accounts published yesterday, as cop-
ied from the Expositor extra, we are requested to
state, are in many particulars incorrect, and were not

332 THE MILITARY OCCUPATION

obtained from Mr. C., but merely from rumor at In-
dependence after his arrival.

"Mr. C., as stated yesterday, left El Paso on the
12th of January, and Santa Fe on the 3d of February.
The massacre of Governor Bent, the Lees and others
was perpetrated at Taos on the 18th of January, and
immediately runners were sent out by the Mexicans
to the different towns in the province, calling upon
the inhabitants to assist in the murder of the Amer-
icans. On the 19th, the night after the murder of
Bent and his companions, at Taos, Mr, Romulus Cul-
ver, of Clinton county; L. L. Waldo, a brother of the
Doctor, and Benjamin Pruett, of Jackson county, to-
gether with five others, were killed at Mora, a town
of some 2,000 inhabitants, and situated seventy-five
miles from Santa Fe. After this outrage the insur-
gents, to the number of 2,000, collected at a small
town called La Canada, some twenty-five miles from
Santa Fe. Col. Price, hearing of this, immediately
went in person, at the head of 350 men, and drove
them from their position, killing thirty-six of their
number.

"This engagement occurred between the 20th and
28th of January, and was followed by another be-
tween Price and the insurgents, at Enibudo, a small
town in the pass of the mountains. It was under-
stood that Price had again succeeded in driving them
before him, but their loss in this latter engagement
was not known. About the time of the battles be-
tween Col. Price and the insurgents at La Canada
and Embudo, Captain Hendly, of the Ray county vol-
unteers, who was on the east side of the mountains,
in charge of a party of graziers, hearing of the mas-

OP THE TERRITORY OF NEW MEXICO. 333

sacre at Taos and Mora, immediately repaired with
about 90 men to the latter place, where he met with
a large body of the enemy, and an engagement en-
sued, in which Capt. H. lost his life. After his fall,
his men, under command of their Lieutenant, fell back
on Vegas, and reported to Santa F£ the condition of
things, and the probability of a well-appointed force
being able to defeat the enemy at Mora. On receipt
of this intelligence at Santa Fe, Capt. Morin, of Platte,
with some 200 men, was despatched to Mora, and on
his arrival the inhabitants fled, leaving everything to
the mercy of the Americans. The town was burnt,
and everything possible for the enemy to subsist upon
was destroyed.

"Capt. St. Vrain, of Fort St. Vrain, headed fifty
volunteers from among the clerks, attaches, team-
sters, etc., of Santa Fe, accompanied Col. Price on his
march against the Taos rabble. During the fight de
Tafolla, who had on Gov. Bent's coat and shirt, was
captured. None of the Armijos were among the rab-
ble; they appeared to be all 'greasers,' that is, loafers.
Col. St. Vrain killed a Mexican, one, Jesus. Among
them one, Cortez, of Mora valley, was prominent.
None of the St. Louis volunteers were with Price save
a detachment of Capt. Fischer's artillery. The guns
were mounted at Fort Marcy, and under command of
Capt. Fischer. Donaciano Vigil, Secretary of State
under Bent, was now acting Governor of Santa F£.

"A great deal of sickness prevailed in town, but
chiefly among the teamsters, broken down as they
were. There were from three to five deaths per day.
Albert G. Wilson, sutler of Price's regiment, had
died. Col. Mitchell, Capt. Hudson, Adj. Walker,

334 THE MILITARY OCCUPATION

Lieut. Elliott, and others well known, were all well.
The troops had been discontented, but principally
from inactivity.

"Mr. Charles Town, well known in St. Louis, was
the only American wrho escaped the massacre. His
father-in-lawT (a Mexican) gave him a good mule, and
he brought the news of the disaster to Santa Fe. It
has been stated that Bent was killed at noonday;
this is not so; he was killed at night. It has also
been rumored privately that Frank Blair was killed.
This is another mistake. He was, at the time, in the
mountains with Geo. Bent. Mr. Caldwell met Major
Clark 120 miles below Santa Fe\ At El Paso he left
Col. Doniphan and command, all well. The Glasgows
and the rest of the traders were well, but losing, from
their necessarily heavy expenses. McGoffin was only
detained at Chihuahua. Col. Doniphan would, beyond
doubt, march on Chihuahua, but was not likely to be
taken by surprise, as he was exercising great caution.
The Santa Fe theatrical corps had gone south on a
rather different campaign. Mr. C. met Lieut. Simp-
son at 110 mile creek — that number of miles from
Independence. He had with him two wragons and ten
men, conducting a heavy mail. There was snow fall-
ing on the plains from the 16th of February to the
10th of March, almost uninterruptedly. The mail
which Mr. C. had charge of, he was obliged to
leave on the Arkansas, and it probably would be de-
tained ten or twelve days behind him. Mr. Sol. Sub-
lette had not arrived at Santa Fe, and the presump-
tion is that his despatches must have taken him, by
the way of Bent's Fort, to California. Capt. Murphy
had arrived at Santa F£ with the government funds."

OF THE TERRITORY OF NEW MEXICO. 335

Captain Waldo and his troop took part in the
great parade in the city of St. Louis on July 2, 1847,
after the return from the war. He was also prominent
in the festivities occurring at Independence upon the
return of his company to their homes.

In 1849, March 27th, Captain Waldo was married
at Independence, Missouri, to Eliza Jane, daughter of
Edward and Margaret (Glasgow) Norris, of Culpeper,
Virginia, of which marriage there were five children,
David and William Waldo, now deceased, Mrs. Minnie
Waldo Hill, Mrs. Lulg Waldo Sloan and Mrs. Will-
iam Hinkle, all of whom are now living in Jackson
county, Mo.

After the war with Mexico, Captain Waldo con
tinued trading and freighting over the old Santa F£
Trail, also to Utah and the Platte river country, and
was very successful in all his business enterprises.
He died at Independence May 20, 1878.

Governor William Gilpin.

WILLIAM GILPIN.

William Gilpin was the eighth and youngest child
of Joshua Gilpin, and was a direct descendant of the
De Guylpyns who invaded Britain with William the
Conqueror. His ancestor in America was Joseph Gil-
pin, a Quaker, who came to America in 1G96 and
settled on the Brandywine, in what is now Delaware
county, Pennsylvania, at which place William Gilpin
was born on the 4th day of October, 1822. During
the Kevolutionary War his ancestors took no part re-
quiring service in the army. A brother of William
Gilpin, Henry, was Attorney General of the United
States, appointed by Andrew Jackson. In his youth
William Gilpin attended school in England, but re-
turned to America and graduated from the University
of Pennsylvania. He had as tutor Nathaniel Haw-
thorne. After his graduation from the University
Gilpin entered the United States Military Academy,
where he was taught by Montgomery Blair and George
G. Meade. Upon leaving the academy Gilpin was com
missioned a Second Lieutenant in the Second Dragoons
and was on recruiting service in Missouri for the
Seminole War, in which, later on, he was an active
participant. After the war was concluded, he made
application to lead an exploring expedition to the
head waters of the Columbia river, but was denied per-
mission, whereupon he tendered his resignation from
the army, which was accepted.

Gilpin moved to St. Louis, Missouri, where he
was the editor of a newspaper, which espoused tJtr
cause of Senator Benton, the latter always remaining

338 THE MILITARY OCCUPATION

a great friend of Gilpin. In 1840 Gilpin was clerk
of the House of Kepresentatives of the State of Mis
souri and in the following year moved to Independ-
ence, where he lived for twenty years. Gilpin was
an optimist in every sense of the word; he had un-
bounded confidence in the future greatness of the
West and exerted great influence over others along the
same lines. He foretold the present city of Kansas
City and prophesied the construction of the Missouri
Pacific and Union Pacific railways.

Gilpin never relinquished the idea of his exploring
expedition to the Columbia river and, in 1843, sold
his law library and other effects for the purpose of.
raising money to gratify his desire to make the ex-
pedition. He set out on this trip alone, having been
accompanied a short distance along the Santa F£
Trail by his personal friend, David Waldo. At a point
about thirty miles from Independence he fell in with
the party under General Fremont. This meeting oc-
curred on the 31st day of May, 1843. This meeting is
described in Chronicles of the Builders of the Com-
monwealth, as follows:74

"He went into camp the first evening, out about
thirt}- miles, at a spot called the Lone Elm, David
Waldo, the man who had loaned him the money, ac-
companying him thus far. He found encamped in this
vicinity a few men whom he did not at first recognize,
but to his surprise they proved to be the party of
Fremont. This immortal pathfinder asked Gilpin
where he was going, and was told. He expressed
astonishment and said, 'Why, even with my whole

74Bancroft, Chronicles of the Builders of the Common-
wealth, page 522.

OF THE TERRITORY OF NEW MEXICO. 339

force, I do not consider myself safe from massacre
to-morrow; now if you are determined to go on, throw
your pack into one of my charettes, turn your mule
into my band, and let me have the re-enforcement of
your horse and rifle.' This arrangement was highly
satisfactory to Gilpin, as it afforded him companion-
ship ano! protection for a long distance."

The expedition reached the Coast in the fall.
Here Gilpin remained for some time, learning all he'
could of the country and its resources. He made a
report to Washington, in March, 1846, which was
printed as a Senate document.

When the war with Mexico was begun he obtained
permission from President Polk to raise a regiment,
but, upon reaching Independence, he ascertained that
a company had already been raised and had gone to
Ft. Leavenworth to be mustered into the service. He
at once left for Ft. Leavenworth and there found six
companies of the 1st Regiment Missouri Volunteers.
Company A of this regiment was composed of friends
of Gilpin, who anxiously awaited his coming. Kearny
was present and, as he did not feel kindly toward
Gilpin, determined he should have no command in the
regiment. Gilpin knew he would be elected one of
the officers of the regiment if he could once get ad-
mitted to the company. He found in the Jackson
county company a boy whose mother had claimed his
discharge on account of his youth. Gilpin paid the
boy eighty-five dollars for his place in the ranks.
Otherwise he could not have enlisted, as the company
was already at its maximum. Gilpin trained and
drilled this company from the day he enlisted until the
regimental election for officers was held. Colonel

340 THE MILITARY OCCUPATION

Doniphan was chosen to command the regiment. The
latter desired Gilpin for lieutenant colonel, but a
graduate of West Point, named Buff, was elected by
two votes. Gilpin was then elected major.

After his election he was told that Kearny wished
to see him in his office. He obeyed the summons and
Kearny said: "I have received from the President an
appointment for you as lieutenant colonel of the
'Third Regiment, and I suppose this is followed by a
life service if you choose. Had you better not with-
draw now and avail yourself of this appointment?"
Gilpin refused to accept it and marched with the regi-
ment to New Mexico and Chihuahua.

Upon his return from the Mexican war he was
taken ill, and while confined to his bed was visited
by Governor Edwards of the state of Missouri, who
told him that, at the request of President Polk, he had
come to ask that he raise a regiment of volunteers for
the purpose of opening the Santa F6 Trail and main-
taining it, as the country west was infested with
hostile Indians. Gilpin, after much argument, ac-
cepted and raised a battalion, which was mustered
into service at Ft. Leavenworth. Gilpin started west
with his army on the 4th day of October, 1847. He
followed the Trail, which led to Bent's Fort. Here
he spent the winter, drilling his battalion, and some-
times holding council with Indian chiefs. The follow-
ing spring an active campaign was instituted and,
from the middle of July to the end of August, nine
battles were fought and two hundred and fifty-three
scalps of Indian warriors were taken. This battalion
was known as "Gilpin's Battalion, Missouri Mounted
Volunteers."

OP THE TERRITORY OP NEW MEXICO. 341

This force, under Gilpin, crossed the Eaton moun-
tains on the 10th of March, 1848, descended the Cana-
dian through the country of the Apaches and Coman-
ches during the spring, and fought many fights with
the Pawnees on the Middle Arkansas and on the Kaw
rivers, until the expiration of the term of service,
when peace was declared with Mexico. The marches
made exceeded three thousand miles.

When the election of 1860 was held, it is said that
William Gilpin was the only man living in Jackson
county, Missouri, who voted for Abraham Lincoln.
He was one of the men who attended President Lin-
coln, from Illinois to Washington, for his inaugura-
tion, and it was upon this occasion that, under Sen-
ator Lane, of Kansas, and Cassius M. Clay, of Ken-
tucky, he helped to guard the White House, sleeping
in that edifice each night.

Gilpin was appointed Governor of the Territory
of Colorado by Lincoln and served for two years, 1861-
1863.

Gilpin was a great student. He wrote several
valuable books. He predicted that a railway would
be built around the earth by way of Behring Strait.

Gilpin was a tall man, spare built, and weighed
in the neighborhood of one hundred and sixty pounds.
He made a large fortune by prudent investment in
lands in Colorado. He was a typical American citi-
zen. He led the way. He believed in the future of
the Great West, when such men as Daniel Webster
declared that everything west of the Missouri was a
worthless area, a region of savages and wild beasts,
deserts of shifting sands and whirlwinds of dust, of
cactus and prairie dogs. Gilpin was right. Webster

342 THE MILITARY OCCUPATION

and all New England at that time believed that it
was worse than useless to reclaim these deserts or
harness the waterpower of the rivers in the moun-
tains. "What use have we for such a country?" said
the great Webster. "I will never vote one cent from
the public treasury to place the Pacific Coast one inch
nearer to Boston than it now is."

Gilpin's ideas as to the great plains and the coun-
try to the west to the Pacific Coast are best under-
stood by quoting from an address delivered by him
in Cole county, Missouri, shortly after the return of
the First Missouri Mounted Volunteer Cavalry from
the War with Mexico, in which he said, in closing :

"Fellow Countrymen and Ladies — The soldiers of
the first requisition from Missouri, excepting those
who sleep forever beneath the shadows of the Sierra
Madre, have returned to receive the greetings of their
friends and kindred. We bring with us the spoil of
the enemy as trophies of our victories.

"These assemblies, these crowds of fair women
and brave men, these complimentary festivals and
flattering words, resounding in our ears from every
village and from every cabin, are the gratifying re-
wards of our efforts and our deeds.

"Thus are our long-suspended hopes and painful
anxieties consummated by a deep and gratifying sense
of triumph. So have we performed our task, and such
is our munificent reward.

"Suffer me to say, as one elevated by their own
suffrages to an important command among them, as
well to my fellow soldiers as to those here present
who have sons or brothers or friends among them,
that I found among the men at all times the most

OP THE TERRITORY OF NEW MEXICO. 343

admirable discipline, the most prompt and spontane-
ous obedience; at all times a modest, unassuming
bravery, which met thirst and cold and starvation
and exhausting night marches with songs and gayety
and merriment.

"They displayed on the field, and in the hour of
battle, a quiet anxiety for the charge, and then
plunged down upon the enemy with a fiery fury which
overwhelmed them with defeat and stung them with
despair. These qualities they adorned with modera-
tion after victory and clemency to the vanquished.

"But the career of your soldiers, so happily be-
gun, closes not here. May they not yet devote their
young energies to a country which they ardently love
and which thus generously illustrates its love for
them?

"War has been to our progressive nation the fruit-
ful season of generating new offspring to our confed-
eration.

"During the Revolution, little armies, issuing from
the Alleghanies, passed over Kentucky, the Northwest
Territory, and Tennessee. These new countries had
been reconnoitered and admired. With hardy frames,
confirmed health, and recruited year by year of peace,
these soldiers returned to occupy the choice spots
which had been their bivouac and camping grounds.
From the campaigns of war grew settlements of
peace, and populous states displaced the wilderness.
Another war came, with another generation; armies
penetrated Michigan, upper Illinois and into Missis-
sippi. The great Mississippi, crossed at many points,
ceased to be a barrier, and the steamboat appeared,

344 MILITARY OCCUPATION OP NEW MEXICO.

plowing its yellow flow. Five great states and 2,-
000,000 of people emblazon its western bank.

"And now again have come another generation
and another war. Your little armies have scaled the
eternal barriers of the mother mountain of the New
World, and buried for a time in the mazes of its man-
ifold peaks and ridges, have debouched at many points
upon the briny beach of the Pacific.

"Passing round by the great oceans, a military
marine simultaneously strikes the shore and lends
them aid. Thus is the wilderness reconnoitered in
war, its geography illustrated and its conquerors dis-
ciplined.

"Your soldiers, resting for a time at home, will
sally forth again, and, wielding the weapons of hus-
bandry, give to you new roads that will nurture com:
merce and a sisterhood of maritime states on the new-
found ocean."

Colonel John W. Reid.
From a Photograph by Thompson, Kansas City, Mo.

JOHN W. REID.

John W. Reid was born at Lynchburg, Virginia,
June 14, 1820. His ancestors fought in the Revolu-
tionary War. One of them was the founder of Lib-
erty Hall Academy, now Washington and Lee Univer-
sity. In 1841 he moved to the state of Missouri, and
settled in Saline county, where he taught school and
studied law. In the year 1846 he was admitted to the
bar and practiced for a few months in the early part
of the year. When the war with Mexico broke out
he raised a company in Saline county and was com-
missioned its captain and served with distinction in
Colonel Doniphan's regiment.

After the conquest of the Territory of New Mex-
ico, and while Doniphan's command was preparing
to march on Chihuahua, an order came from General
Kearny to Doniphan to proceed to the subjugation of
the Navajo tribe of Indians, bands of whom had been
raiding in the valley of the Rio Grande. Colonel Don-
iphan was ordered to effect amicable arrangements
with the Navajos, if possible.

While at the Pueblo of Laguna, situate on the
line of the Atchison, Topeka and Santa Fe Railway,
a short distance west of the city of Albuquerque, a
chief of the Navajos, named Sandoval, was sent by
Lieutenant Colonel Jackson to see the principal men
of his tribe and ascertain if they were of a disposition
to make a treaty with the Americans. After an ab-
sence of ten days or two weeks Sandoval returned
and reported that he had seen all the head men of the
Navajo nation, and that they were mostly for peace,

MILITARY OCCUPATION OP NEW MEXICO. 347

but they were unwilling to trust themselves among
the New Mexicans, unless they should be furnished
with an escort of "white men" whose protection would
ensure their safety. And, further, that before coming
into the American camp they wished to see some of
the "white men" among them, that they might talk
with them and learn what was desired.75

Captain Reid immediately applied to Colonel
Jackson for permission, with a small body of troops,
to go to the Navajo country and learn for himself
whether or not the Navajos desired peace or war.
Reid's request was granted, and on the 20th day of
October, 1846, he, with thirty volunteers, accompanied
by Lieutenants De Courcey and Wells, set out for the
Navajo country.

The New Mexicans were amazed at his temerity.
To enter the country of this great nation, noted for its
fighting men, who had for many years robbed and
plundered the citizens of the valleys, with less than
an army, was, to the mind of the native, little less
than annihilation. Sandoval accompanied the expe-
dition as guide. The expedition, in its march, en-
countered difficulties of the most appalling nature. It
passed over great mountains. Precipices and yawning
chasms often left but a narrow passage, where a mis-
step would plunge horse and rider hundreds of feet
to the foot of the canon walls.76

The expedition traveled five days with trifling
intermission and camped for a rest near a beautiful
spring of water, in a locality where grass was abund-
ant for their horses. Here Sandoval brought to them
about forty warriors, together with some of their

75"76Hughes' Doniphan's Expedition.

348 THE MILITARY OCCUPATION

women. At first the Indians showed signs of fear,
whereupon Captain Reid, leaving his men in the valley,
rode to the top of the hill, along with Sandoval,
stopped and saluted the Indians in a friendly manner.
Presently, after some conversation with Sandoval, the
Indians approached and rode down to the camp, where
Indians and Americans passed the night together, the
utmost confidence apparently prevailing.

The following day, at the request of the Indians,
the expedition moved on to a point some thirty miles
distant, where they were advised there was to be a
grand junta of Indians and a celebration. The Indians
were very anxious to have the captain and his handful
of men as guests, and notified him "that most of their
people had never seen a white man, but having heard
much of the power and wisdom of the Americans, and
of the progress of the army in New Mexico, were very
anxious to see and entertain them." Captain Reid
agreed to their proposal and, following the Indians,
the expedition proceeded to the place designated,
where they found more than five hundred warriors
and women congregated. The Indians received them
with the greatest professions of friendship, and made
them presents of sheep and other meats which were
highly acceptable. Camp was made, when it was im-
mediately filled with Indians, eagerly gratifying their
curiosity. The feasting and dancing continued until
late at night, during which the captain and his men
mixed in the crowd, to the great enjoyment and satis-
faction of the Navajos.77

The following day the captain proposed a "grand
talk," but was informed by the Indians that the head

:Hughes' Doniphan's Expedition.

OF THE TERRITORY OF NEW MEXICO. 349

chiefs of the nation were not present, and said that
with one day's march further into the country, oppor-
tunity would be given to talk with the big chiefs, who
were men of great knowledge and experience.

Captain Reid, after consultation with the two offi-
cers and some of his men, concluded to accompany
the Indians. Afterwards, in a letter written describ-
ing the perils that surrounded him at the time, Cap-
tain Reid said:78

"This was the most critical situation in which 1
ever found myself placed, — with only thirty men, in
the very center of a people, the most savage and pro-
verbially treacherous of any on the continent. Many
of them were not very friendly. Being completely in
their power, we, of course, had to play the game to the
best advantage. As there was no pasturage near the
camp, we had to send out our horses. Our numbers
were too few to divide or even altogether to think of
protecting the horses, if the Indians were disposed to
take them. So I even made a virtue of necessity and,
putting great confidence in the honesty of their inten-
tions, I gave my horses in charge of one of the chiefs
of these notorious horse stealers. He took them out
some five miles to graze, and we, after taking
supper, again joined in the dance, which was kept up
until next morning. Our men happened to take the
right course to please the Indians, participating in all
their sports and exchanging liveries with them. They
seemed to be equally delighted to see themselves
clothed in the vesture obtained from us, and to see
our men adopting their costumes. The emboldened
confidence and freedom with which we mixed among

"Hughes' Doniphan's Expedition.

350 THE MILITARY OCCUPATION

them seemed to win upon their feelings and make
them disposed to grant whatever we asked. They
taxed their powers of performance in all their games
to amuse us and make the time pass agreeably, not-
withstanding our imminently precarious situation.

"We had not arrived at the place of our camp be-
fore we were met by all the head men of the nation.
The chief of all, Xarbona, being very sick, was never-
theless mounted on horseback and brought in. He
slept in my camp all night. Xarbona, who was prob
ably seventy years old, being held in great reverence
by his tribe for the warlike exploits of his youth and
manhood, was nowT a mere skeleton of a man, being
completely prostrated by rheumatism, the only disease,
though a very common one, in this country. Conform-
ably to a custom of the chief men of his tribe, he wore
his finger nails very long, probably one and a half
inches — formidable weapons! He appeared to be a
mild, amiable man, and, though he had been a war-
rior himself, was very anxious before his death to
secure for his people a peace with all their old enemies,
as well as with us, the new men, as he called us.

"Upon the evening after our arrival we held a
grand talk, in which all the old men participated.
Most of them seemed disposed for peace, but some
opposed it, as being contrary to the honor of the
Xavajos, as well as their interest, to make peace with
Mexicans, though they wrere willing to do so with us.
The peace party, howrever, prevailed, and by fair words
and promises of protection I succeeded in obtaining a
promise from the principal men that they would over-
take me at the Agua Fria, a place some forty miles from
Jackson's camp, from whence we would go together

OF THE TERRITORY OF NEW MEXICO. 351

to Santa F£ and conclude the final treaty. The night
passed off in a variety of diversions and in the morn-
ing, notwithstanding the most urgent desire on the
part of our entertainers that we would stay, I thought
it prudent to return, as we were running short of
provisions. Our horses were forthcoming without a
single exception, and as soon as we caught them we
turned our faces towards camp. Although this ex-
pedition was one of much hazard, yet it turned out to
be one of much pleasurable excitement, and attended
with no loss or harm. The country through which we
traveled is amongst the finest portions of Mexico, de-
cidedly the best for the growth of stock and present-
ing more interest and variety in its features than any
over which I traveled. It is, however, very destitute
of water, so much so as to make it dangerous for those
to travel without a guide. On this account, more than
by its mountain fastnesses, it is impregnable to in-
vasion. The people who inhabit it, and who were the
object of our visit, are in many respects singular and
unlike other of the aboriginal inhabitants of this con-
tinent. Their habits are very similar to those of the
Tartars. They are entirely a pastoral people, their
flocks constituting their sole wealth; but little ad
dieted to the chase and never indulging in it, except
when the game may be taken on horseback. Their
weapons of war are the spear or lance, the bow, the
lasso, in the use of all which they are not excelled.
They may be said literally to live on horseback. Of
these animals they possess immense droves and of a
stock the same originally with the Mexican horse, yet
wonderfully improved. They pay great attention to
the breeding of their horses and think scarcely less

352 THE MILITARY OCCUPATION

of them than do the Arabians. They also possess
many mules, but they are generally the proceeds of
their marauding expeditions against the Mexicans.
Indeed, the whole of New Mexico is subject to the
devastating incursions of these lords of the moun-
tains."

The expedition, conducted by Captain Reid, ef-
fected its return to the place from which they had
started without any serious molestation or any con-
siderable difficulty. The chiefs started, according to
promise, to overtake the captain at Agua Fria, but
were induced to turn back by a miscreant Navajo, who
assured them that if they ventured to Santa F6 they
would all be killed. Having had so many evidences
of the bad faith of the Mexicans, they were naturally
suspicious and therefore abandoned their purpose.

Later on, at the Bear Spring, a treaty with the
Xavajos was executed by Colonel Doniphan, all of the
principal chiefs of the tribe being present and sign-
ing the document.

At the Battle of the Brazito, on Christmas day,
1846, Captain Reid again distinguished himself. The
American left was charged by the Mexican cavalry,
when Captain Reid with only sixteen mounted men
(the rest of his command being on foot) charged upon
them, broke through their ranks, hewed them to pieces
with their sabres and thereby contributed materially
in throwing the enemy's right wing into confusion.79

In the battle of Sacramento, Captain Reid, at the
head of his troop, charged the enemy, entrenched at

"Report of Col. Doniphan, March 4, 1847 — from Chihua-
hua to Brig. Gen. R. Jones, Adjutant General U. S. A., Wash-
ington, D. C.

OF THE TERRITORY OF NEW MEXICO. 353

the top of the hill, in a most brilliant manner. Major
Gilpin in his report of the battle says: "The onset
was commenced by a charge at full gallop of Captain
Reid's cavalry, accompanied by the howitzers of our
battery, upon the round fort in front. These coming
upon the gully beneath the Mexican works, the howitz-
ers turned off to the left and passing around the head
of the gully unlimbered close under the Mexican mus-
kets and commenced firing shells and grape. The
horsemen, some leaping over and others riding around
the gully, charged up the slope supporting the howitz-
ers, but, being few in number and coming suddenly
upon the dense masses of the enemy, thronged up in
their breastworks, and, assailing them with a thick
hail of bullets, they obliqued to the left along the slope
under the trenches, seeking intervals between the re-
doubts through which to charge and firing their car-
bines into the redoubts as they passed in front of
them.80

In further commendation of the conduct of the
officers and men in this battle, Major Gilpin says:
"Should you design to place the achievements of our
officers and men under the eye of the President, allow
me to recommend them as having conquered for them-
selves, at Brazito and Sacramento, a glory equal to
those who fought at Palo Alto, Resaca de la Palma
and Monterey."

After the army under Colonel Doniphan had evac-
uated the city of Chihuahua, and had taken up its
march to join General Zachary Taylor, Captain Reid,
with a handful of men, being at Parras, ascertained

80Report of Major Gilpin to Col. Doniphan, Chihuahua.
March 2, 1847.

354 THE MILITARY OCCUPATION

that a band of Comanches had just made a descent
from the mountains upon the city, and killed eight or
ten of the citizens, carried off nineteen boys and girls
into captivity and driven off three hundred mules and
two hundred horses. Besides this they had robbed
houses of money, blankets and the sacred household
gods. The}' besought Captain Keid to interfere in
their behalf; that although they were considered ene-
mies to the Americans, it did not become the magna-
nimity of the American soldiers to see them robbed
and murdered by a lawless band of savages. Captain
Reid undertook to recover the innocent captives and
chastise the brutal savages. It so happened that Lieu-
tenant Pope Gordon had been sent in advance of the
American army, for the purpose of securing water for
the men and horses at El Poso. It was just at this
time that Reid was joined by Gordon and his small
force. The Indians soon appeared, coming from a
canon to the south of the hacienda. They had all their
spoils and captives with them. It was their intention
also to take water at El Poso. Captain Reid concealed
his men in the hacienda. When the Indians had come
within a half mile of the hacienda, a charge was made
upon them, which was most gallantly accomplished.
The Indians fought with desperation. Captain Reid,
in a daring charge, received two severe wounds, one in
the face and the other in the shoulder, both from
steel-pointed arrows. None of Captain Reid's com-
mand was killed, but the Indians lost seventeen killed
and not less than twenty-five wounded; all the animals
and captive boys and girls were retaken and restored
to their friends and relatives. A letter of thanks was
given to Captain Reid and his men after this battle by

OF THE TERRITORY OP NEW MEXICO. 355

the mayor of the city of Parras, which is most compli-
mentary in its terms and which was read to the people
at the celebration given at St. Louis, Missouri, on the
return of the regiment from the war, by Senator
Thomas H. Benton.

In the year 1849 Captain Reid settled at Inde-
pendence, Missouri, and was there engaged in the
practice of the law until 1853, when he was elected
to the state legislature, and was re-elected in 1855.
He was the author of the Constitutional amendment
under which the state of Missouri was not permitted
to incur an indebtedness exceeding thirty millions of
dollars. In 1855, together with C. H. Hardin and
Thomas C. Richardson, he was appointed member of a
commission to revise the laws of the state. Captain
Reid was very prominent in the border troubles be-
tween Missouri and Kansas prior to the Civil War>
and commanded the Missouri forces that burned Osa-
watomie, in Kansas. In 1858 he was a candidate for
Congress, but was defeated. In 1860 he was again a
candidate, and was elected and served during the por-
tion of the extra session of 1861 and later resigned.
He spent a year in the military prison at St. Louis,
at the end of which time he was released on his parole
and agreement to take no further part in the war.
Toward the close of the war he went to Liberty, Mis-
souri, and lived there about two years. In 1865 he
removed to Kansas City and commenced the practice
of the law, in partnership with William B. Napton.
This partnership only lasted about a year, when he
retired from the practice of law, and devoted his en-
tire time to his own real estate interests, which be-
came very important after the panic of 1873. Besides

356 MILITARY OCCUPATION OF NEW MEXICO.

giving his attention to his own private affairs, he de-
voted much time to the upbuilding of Kansas City,
and his labors in this direction were of great value.

To him Kansas City is largely indebted for its
present greatness. Captain Reid was a soldier and
a brave one. In his profession he was always highly
honored by the bar, of which he was a member, and
by the community in which he lived. He was twice
married, first to a Mrs. Flournoy, and second to Miss
Sallie Magraw, of Independence, Missouri, whose
father, M. F. Magraw, was a pioneer Santa Fe trader.

He died November 23, 1881.

General Sterling Price.

STERLING PRICE.

Major General Sterling Price claimed descent
from Lord Baltimore. He was born in Prince Edward
county, Virginia, September 14, 1809. Very little is
known of his early life. He attended the schools in
the county where he was raised, and graduated, at the
age of nineteen, from Hampden-Sidney College. He
came to the state of Missouri in 1830, and settled in
Chariton county, where he lived until the breaking
out of the war between the states.

General Price was a man of fine character. He
was elected to the legislature, and in the year 1842
was Speaker of the House of Representatives. He
was elected to the Congress of the United States in
1844. He resigned his seat in Congress to accept a
commission in the army. He raised the 2nd Regiment
of Missouri Mounted Volunteer Cavalry, which was
mustered into the service in August, 1846. He was
its Colonel and marched with his regiment to Santa
F£, where he assumed command of the Territory
after the departure of General Kearny for California
and Colonel Doniphan for Chihuahua. He suppressed
the rebellion of the Indians and Mexicans in January,
1847, an account of which is given elsewhere in this
volume. He was commissioned a Brigadier General,
July 20, 1847. He returned to Missouri after the
treaty of Guadalupe Hidalgo, and in 1852 was elected
Governor of the State of Missouri, which office he
filled capably for four years.

Prior to the breaking out of the war between the
states, General Price was a strong Union man; he

MILITARY OCCUPATION OF NEW MEXICO. 359

earnestly advocated the preservation of the Union,
and was elected a delegate to the convention called
by the state legislature as a Union advocate. He was
elected president of the convention. General Price
did all in his power to prevent secession by his state,
and did all that he could to maintain its policy of
neutrality. He was made commander of the state
guards, but the course of events made it necessary for
him to finally join the confederate armies. He was
made a Major-General, and his services were rendered
principally in Missouri and Arkansas. He led the Con-
federate army with great skill at the battles of Wil-
son Creek and Pea Ridge. On the 20th day of Sep-
tember, 1862, he fought the battle of luka, and later
on was in the battle of Corinth. General Price and
his Missourians were the idols of the army. In 1864
he again invaded Missouri, but the campaign was one
of disaster, and he retreated into Arkansas.

Physically, General Price was a fine specimen of
manhood; he was over six feet in height and straight
as an Indian. He was dignified, graceful and gentle
and in every way a gentleman.

When the war between the states was at an end
General Price went to Mexico, where he sought serv-
ice with the Emperor Maximilian. He returned to
Missouri and engaged in the commission business in
St. Louis, and died September 29, 1867.

General Price was a soldier in every sense of the
word. He was a great general. He was a strict dis-
ciplinarian, but the care of his soldiers was always his
first consideration. He was very companionable, and
was beloved by all his men. In Missouri he was
known as "Old Pap Price," and to-day the memory

360 MILITARY OCCUPATION OP NEW MEXICO.

of the man is sacred in some parts of the state. He
treated the captives from the Union army with great
tenderness and consideration. Those Union men who
had been captured by his army, upon their return to
the Union ranks, were loud in their praises of Gen-
eral Price. He was always solicitous as to the sick,
and it made no difference to him whether the soldier
was a confederate or a federal. As was said of him,
"He was more than their commander; he was their
personal friend; Old Pap Price was their father in-
deed." His own troops not only loved him, but were
devoted to him. His figure in the battle-field, clothed
in a common brown linen coat, with his white hair
streaming in the wind, was the signal for wild and
never-ending cheers so long as he was in sight, and
there was not one of his soldiers, it was said, but who
was willing to die if he could only fall within sight
of his commander.

ANTONIO JOSE OTERO.

Antonio Jose Otero was a native of Valencia
county, New Mexico, having been born in the Plaza
of Valencia on the 13th day of March, 1809. He was
the son of Vicente Otero. His mother's name, before
marriage, was Gertrudes Chaves. His grandfather was
Don Pedro Otero, who came to Santa F£ about the
year of American Independence, and afterwards
moved to Valencia. Judge Otero lived at Peralta, in
the county of Valencia, when the American army un-
der General Kearny took possession of the Territory,
and was thirty-five years of age when invested with
the judicial ermine by General Kearny. He was mar-
ried to Francisca Chaves, and left him surviving Man-
uel Rito, Teresa, Adolfo, Meliton S., Mariana and Vir-
ginia Otero. He died on the 19th day of November,
1870, at Peralta, his home.

Judge Otero presided over the third circuit court,
which comprised all of the territory south of Santa
Fe and all of what is now the Territory of Arizona.
William Henrie and Celso Cullar Medina were clerks
of his court. Some of the records may be found in
the office of the probate clerk of Valencia county.

He was a man of enlarged views and command-
ing influence, and was held in high esteem by those
who enjoyed his personal acquaintance. He readily
accepted the situation when the conquest came, and
was always recognized as most loyal to American
ideas and institutions. He received a portion of his
education at Laguna, New Mexico, where he was
taught by Fr. Penol, a Franciscan friar. He also

362 THE MILITARY OCCUPATION

studied with Fr. Antonio Jose Martinez, of Taos. He
was endowed by nature with fine intellectual powers,
all of which were developed and strengthened by dis-
cipline which enabled him to comprehend readily and
accurately the important questions demanding his at-
tention in after years. He was a very cautious man,
rarely giving expression to an opinion until, upon re-
flection, the matter under consideration was clearly
and definitely fixed in his mind. It is a matter of
more than passing notice that Judge Otero, born and
reared under the Spanish and Mexican governments,
wrhose laws and customs were so different from those
of the United States, growing to manhood in a por-
tion of the world at that time far removed from all
the influences of modern thought and civilization, re-
siding in a locality whose inhabitants were engaged
six months in every year in wars with hostile Indians,
could so well fill his place upon the bench.

While sitting as a member of the Superior Court
he delivered the only opinion coming from that court
which has been preserved. This opinion was delivered
in the month of January, 1848, in the case of Joab
Houghton, administrator of Juan A. Archuleta vs.
Manuel Armijo, and was an action of debt. The plain
tiff at the time was Chief Justice of the court of which
Judge Otero was a member, and the defendant was
the ex-governor and commander-in-chief under Mex-
can rule. In his opinion, the court says:

"The appellant files his motion for dismissal of
the appeal on the ground that there is no affidavit,
as required by the statute. This would certainly be
good cause for the dismissal if the court regarded the

OF THE TERRITORY OP NEW MEXICO. 363

case as being before it by the common mode of appeal.
There seems to be an obscurity in the law as it exists
at present, which the court feels bound to follow as
far only as the dictates of justice would warrant. In
the strict letter of the statute there is but one mode
of appeal, and the want of an affidavit would be good
cause for a dismissal; but in another section of the
statute it appears to recognize a difference in an ap-
peal and a writ of error. The court, believing that the
ends of justice will be attained by bringing the merits
of the appeal before it, overrules the motion of tjie
plaintiff."

It will be seen by this opinion, or at least by its
wording, that the court found it necessary to follow
an "obscurity in the law," to the end that substantial
justice might be done to all concerned.

Judge Otero was the only man of Spanish or Mex-
ican origin who ever sat upon the Supreme Bench in
New Mexico. He was a representative of his race,
faithful to his friends, his country and his God, and
no better eulogy could be pronounced, no monument
or statue of bronze or marble coulcSequal in value
the record he left his people — a just and upright judge.

Governor Henry Connelly.

HENRY CONNELLY.

Henry Connelly was of Irish descent, his fore-
fathers having been citizens of the County Armagh,
Ireland. About the year 1689 the Connellys came to
America and settled where now is built the city of
( harleston, South Carolina. His ancestors in America
were heroes of the Revolution, fighting in the patriot
armies of Washington, Greene, Morgan, Gates, Lincoln
and Pinckney. After the Revolution some of the Con-
nellys moved west into Kentucky, Dr. Henry Con-
nelly's father settling in Nelson county of that state
about the year 1789. Henry Connelly was educated in
the county schools. Afterwards he attended the Med-
ical school of the Transylvania University at Lexing-
ton, Kentucky, being among the first to graduate from
that institution. Dr. Henry Connelly graduated in
1828 and soon left Kentucky for Missouri and settled
in Liberty, Clay county, of that state. In the same
year he left the state for Chihuahua, Mexico. Here
he was employed as a clerk and later on purchased
the establishment. He was in business in the city of
Chihuahua for many years and had for a partner
Edward J. Glasgow, who had been in business at
Mazatlan. He was married in Mexico, in the town of
Jesus Maria, in the year 1838. There were three chil-
dren born of this marriage, one of whom, Peter, is now
living in Kansas City, Missouri.

Prior to the breaking out of the war with Mexico,
Dr. Connelly brought his children to Missouri and re-
turned to Chihuahua. His wife died a few years after-
ward.

366 MILITARY OCCUPATION OF NEW MEXICO.

Dr. Connelly was in Santa F£ at the time that
General Kearny reached Bent's Fort on the Arkansas
and acted as agent for Governor Armijo at the time
that Captain Cooke arrived in the capital. Prior to
Doniphan's capture of the city of Chihuahua, about
the time of the battle of Brazito, Dr. Connelly was
arrested by the Mexican authorities and taken to
Chihuahua and confined, but was subsequently re-
leased. He remained in Chihuahua until the close of
the war, leaving that city for Santa F£ some time in
1848, and going to the city of Santa F£, in which place
he resided up to the time of his death. He also had
a home at Peralta, Valencia county, where he married
Dolores Perea, widow of Jose Chaves, the father of
Colonel J. Francisco Chaves, from whom the author
received most of the information contained in this
sketch. Dr. Connelly was engaged in merchandizing
in New Mexico from the time that he came from
Chihuahua and had houses in several towns in the
Territory.

Dr. Connelly wras governor of New Mexico during
the war between the states and was reappointed by
President Lincoln in 1864. He was succeeded by Gen-
eral R. B. Mitchell, KOOD. after the accession of Johnson
to the presidency. To Governor Connelly, more than
to any one else, was due the fact that the Confederacy
secured no permanent foothold in New Mexico. So-
cially he was a man of refinement and great intelli-
gence. His good work for the people of New Mexico
will some day be perpetuated by a suitable monument
to his memory. He died at Santa F6 in July, 1866.

General Francis Preston Blair, Jr.

FRANCIS PRESTON BLAIR, JR.

The ancestors of Francis Preston Blair, Jr., came
to America from Ireland in 1735, his great-grandfather
having been John Blair, a Presbyterian clergyman.
He was born in Lexington, Kentucky, February 19,
1821, and died at St. Louis, Mo., July 11, 1875. He
received his early education in the public schools of
the city of his birth, and attended Princeton College,
from which he was graduated in 1841. He studied law
in the office of Lewis Marshall, and later entered upon
the practice of his profession at St. Louis, Mo., having
formed a partnership with his brother, Montgomery
Blair. He came to the far West in 1845, a health
seeker, and was at Bent's Fort on the Arkansas when
General Kearny and the Army of the West reached
that point in July, 1846. He joined the column and
came with Kearny to Santa F£, where he aided Gen-
eral Doniphan, Willard P. Hall and Dr. David Waldo
in the preparation of what is known as Kearny's Code.
Kearny appointed him United States Attorney, and
it was Blair who drew the indictments for treason
found against the conspirators who brought on the
Taos revolution, in 1847. He returned to Missouri in
that year, General Price, the military commander at
Santa F£, having abolished the office of attorney gen-
eral, to which Blair had been appointed. Upon his
return to Missouri, Blair journeyed to Woodford
county, Kentucky, where he was married to a Miss
Alexander. He returned to St. Louis and resumed the
practice of his profession. Blair was never an aboli-
tionist, but was elected to the Missouri Legislature

MILITARY OCCUPATION OF NEW MEXICO. 369

as a Free-Soiler in 1852 and again in 1854. He was
a great friend of Senator Thomas H. Benton and sup-
ported his son-in-law, Fremont, for President in 1856.
In this year he was elected a member of Congress.
At the following election he was defeated, but again
elected in 1860 and was Chairman of the House Com-
mittee on Military Affairs. Blair was a strong Union
man and used his great influence in his state to pre-
vent its seceding from the Union. He was particularly
active in the city of St. Louis, and it was under his
leadership that men were drilled night and day pre-
paratory for the great struggle which Blair knew was
coming. General Lyon was in command of this force
and through Blair's foresight, in the organization of
this army, made it possible for Lyon to capture Camp
Jackson.

Some time after the battle of Wilson Creek, Blair
was commissioned a Major-General in the Federal
army and^ participated in the Vicksburg campaign,
where he commanded the Second Division of Sher-
man's Corps. He was at this time a member of Con-
gress and was re-elected. Two years later he was in
command of the Seventeenth Army Corps and marched
with Sherman to Atlanta and the sea. In 1866, after
the assassination of President Lincoln, he was made
a commissioner of the Union Pacific Eailroad. In
1868, he was nominated by the Democratic party for
Vice-President, with Horatio Seymour, of New York,
as the candidate for President. He was a Senator of
the United States from 1871 to 1873, having been
appointed to the position upon the acceptance of the
resignation of Senator Charles D. Drake, who became
chairman of the Court of Claims.

370 THE MILITARY OCCUPATION

Blair was a strong Union man, but after the war
he did everything within his power to assist the Con-
federate soldier in securing the rights of American
citizenship. General Blair's position during the ad-
ministration of the reconstruction plans following the
close of the war was a very dangerous one, but it was
very largely through his courage and espousal of their
cause that they were finally restored to their civil
rights. General Blair was subjected to a great many
annoyances and indignities growing out of his efforts
to restore the ex-Confederate soldier to his civil rights.
He canvassed the state of Missouri, speaking in many
places, and, upon several occasions, was assailed and
interrupted by persons in his audience who did not
understand General Blair's patriotic and unselfish mo-
tives and his love for equal rights to all.

Upon one occasion81 he was addressing a meeting
of the citizens of Audrain county. His mission was
one of peace and in the interest of a re-constructed
Union and the restoration of the ballot to the Con-
federate soldiers of the state. There wrere present at
the meeting a number of ex-Union soldiers who did
not agree with the sentiments being expressed by
General Blair, and some of them threatened to take
him from the speaker's stand. The crowd of citizens
present was very large and filled a large grove of
forest trees in which the stand had been placed.
Marked attention was being given to every word ut-
tered by the speaker, and just as General Blair was
beginning to wTarm to his subject, a large, stalwart
man in the audience, clad in the faded blue uniform
of a Union soldier, in the midst of others similarly

81St. Louis Globe-Democrat, February 19, 1899.

OF THE TERRITORY OP NEW MEXICO. 371

dressed, cried out: "He's a d — d rebel! Let us take
him down!" and moved toward the stand in a threat-
ening manner. The audience stood mute, but Blair
never flinched. Waving his hand to the audience, he
said: "Keep your seats; there's no danger." At the
same moment he placed two large revolvers on the
stand in front of him and denounced the leader jot the
threatening mob as a coward and telling him to come
ahead and take him down, as he was ready for him.
The leader and his friends made no further effort to
disturb General Blair, who continued to address the
meeting for more than two hours, amid demonstra-
tions of great applause.

General Blair had many such experiences in other
portions of the state. At a meeting held in Louisiana,
Pike county, an immense crowd was present to hear
him. No sooner had he been introduced to the audi-
ence, and before he had uttered a word, he unbuckled
his belt and placed it, with two large revolvers, upon
the table in front of him. Then he said: "Fellow
Citizens of Pike County — I have an interesting item
of news to tell you before I make my speech. I un-
derstand that I am to be killed here to-day. As I
have recently come out of four years of that business,
I think the killing had better be attended to before
the speaking begins." The General paused for a mo-
ment. No hostile demonstration was made, and he
proceeded with his address. Very soon, however, a
large, rough appearing man in the audience arose and
snouted : "He's nothing but a rebel ! Take him out !"
The audience was visibly excited and rose to its feet.
But Blair was unmoved, and pointing his finger at the
author of the disturbance, said: "Well, come and

372 THE MILITARY OCCUPATION

take me out." But the man made no further move,
knowing that Blair intended to use his weapons if
any assault was made upon him. He was not inter-
rupted from that time on.

General Blair did not know the meaning of the
word fear. Many times was he put to the test under
circumstances calculated to unnerve the stoutest
heart. Upon one occasion, when it was almost death
for a public man to declare himself opposed to the in-
stitution of slavery, he made an appointment to ad-
dress the people of Ironton, Missouri, and it was an-
nounced that, if he attempted to do so, he would be
mobbed. When General Blair reached the town, it
was learned that an armed mob had assembled in the
court house to prevent his speaking. When he arose
to deliver his address, the few friends he had present
were greatly alarmed, but their fears were soon dissi-
pated when they saw his calm demeanor and heard
him declare that any man who had come to the meet-
ing armed, with the intention to use violence against
him, was too great a coward to attempt it. For nearly
two hours he spoke without interruption, and after-
wards received the congratulations of many present,
who entertained opposite views upon the slavery ques-
tion. He delivered addresses in nearly every part of
the state of Missouri, and, outside of a few rotten eggs
that were thrown at him in the night time, he never
met with any pronounced resistance.

He was a very brave man, but it has been said,
by men who served in his corps, that he never went
into battle without ample preparation, and that he al-
ways consulted freely with his subordinates before
taking any important step. He was without fear and

OF THE TERRITORY OF NEW MEXICO. 373

still he was not impetuous. He did not possess a mil-
itary education, but there were few better soldiers in
the army. Both Generals Grant and Sherman had
an exalted opinion of his military services, and upon
several occasions made reference in the most compli-
mentary terms to his military genius.

General Blair was a politician, and in him were
combined more of the elements of political success
than most public men have enjoyed. His knowledge
of men was great. He was whole-souled and gen-
erous, utterly unselfish and kept himself poor in his
efforts to assist his friends. No better evidence of his
spotless integrity can be found than in the fact that,
although he had it in his power to become immensely
wealthy, he died without a cent.

Many of the people in Missouri criticised General
Blair for his course in espousing the cause of the ex-
Confederates, after the close of the war. But this crit-
icism only made Blair the stronger in his determina-
tion to see them restored to full civil rights. It was
his belief that the only method of restoring harmony
and good feeling was to extend to them the hand of
fellowship and persuade them that their interest was
in the Union and not out of it. The position thus
taken and maintained by him was fully appreciated
by those whom it was intended to benefit. • Shortly
after his death, at a meeting of ex-Confederates, in the
city of St. Louis, the following resolution was passed:

"Resolved, That we, the ex-Confederates here as-
sembled, do as deeply mourn his loss, and as heartily
acknowledge his high character and great abilities, as
can those who never differed with him in the past
great struggle. As soldiers who fought against the

374 MILITARY OCCUPATION OP NEW MEXICO.

cause he espoused, we honor arid respect the fidelity,
high courage and energy he brought to his aid. As
citizens of Missouri, we recognize the signal service
done his state as one of her senators in the National
Council; as Americans we are proud of his manhood;
and as men we deplore the loss from among us of one
in whom was embodied so much honor, generosity and
gentleness. And we remember with gratitude that,
as soon as the late civil strife was ended, he was
among the first to prove the honesty of his course by
welcoming us back as citizens of the Union he had
fought to maintain; and that he never thereafter
ceased to battle for the restoration and maintenance
of our rights under the Constitution."

General Blair died in the fifty-fifth year of his
age, and lies buried in Bellefontaine Cemetery, St.
Louis, Missouri.

On the day of his funeral the city of St. Louis
was black with its emblems of mourning. A great
man had fallen. The bar and divers civil societies
followed the funeral cortege to the cemetery. The
flags of fifty vessels in the harbor were trailing at
half-mast, and every possible demonstration of grief
was made at the loss of a man whom General Sher-
man characterized as "one of the truest of patriots,
most honest and honorable of men, and one of the
most courageous soldiers this country ever produced."

James Magoffin.

JAMES MAGOFFIN.

James Magoffin was of Irish parentage, his father
having been born in the County Down, Ireland. His
name was Beriah Magoffin, and he was married in Ire-
land to Jane McAfee. They emigrated to America be-
fore 1800 and settled in Harrodsburg, Kentucky, where
James Magoffin was born, in the year 1799. He had
six brothers and three sisters, one of whom, Beriah
Magoffin, was governor of Kentucky. Beriah Magoffin
married a daughter of Isaac Shelby, a granddaughter
of Isaac Shelby, Sr, who was the first governor of Ken-
tucky.

James Magoffin came to New Mexico and Chihua-
hua about 1828, and was married in the City of Chi-
huahua, in the year 1830, to Maria Gertrudes Valdez.
He was engaged in the merchandizing business in Chi-
huahua, and was the American consul in that state.
In 1844 he left Chihuahua and went to Independence,
Missouri, where he bought a farm. His wife died at
Independence the following year. Later in the year,
with his twro sons, Magoffin went to Washington and
there met Senator Thomas H. Benton. He placed his
two sons, Samuel and Joseph, in school in Lexington,
Kentucky.

Upon the commencement of hostilities in the war
with Mexico, Senator Benton sent to Independence,
Missouri, for Mr. Magoffin, and he was given a secret
commission by the Government of the United States
and instructed to go with General Kearny to Santa F£
and pave the way of the Army of the West for the
occupation of New Mexico without bloodshed, if pos-

MILITARY OCCUPATION OP NEW MEXICO. 377

sible. Magoffin was a man of mind, of will, of gen-
erous temper, patriotic and rich. He knew every man
in New Mexico and his character, and all the localities,
and was, in the opinion of Benton, of infinite service
to the invading army.82 He agreed to go with the
Army of the West, and what he accomplished at Santa
F(§, where he proceeded with Capt. Cooke, is men-
tioned in the sketch of the life of Diego Archuleta.

"Mr. Magoffin, having prepared the way for the
entrance of General Kearny into Santa F£, proceeded
to the execution of the remaining part of his mission,
which was to do the same by Chihuahua for General
Wool, then advancing upon that ancient capital of the
Western Internal Provinces on a lower line. He ar-
rived in that city, became suspected, was arrested and
confined. He was a social, generous tempered man, a
son of Erin, loved company, spoke Spanish fluently,
entertained freely, and where it was some cost to en-
tertain— claret, f 36.00 a dozen ; champagne, f 50.00. He
became a great favorite with the Mexican officers. One
day the military judge advocate entered his quarters
and told him that Dr. Connelly, an American, com-
ing from Santa F£, had been captured near El Paso
del Norte, his papers taken, and forwarded to Chihua-
hua, and placed in his hands to see if there were any
that needed government attention; and that he found
among the papers a letter addressed to him, Magoffin.
He had the letter, unopened, and said he did not know
what it might be, but being just ordered to join Santa
Ana at San Luis Potosi, and being unwilling that any-
thing should happen after he was gone to a gentle-
man who had been so agreeable to him, he had

82Benton's Thirty Years' View, Vol. II, page 682.

378 THE MILITARY OCCUPATION

brought it to him that he might destroy it if there
was anything in it to commit him. Magoffin glanced
his eye over the letter. It was an attestation from
General Kearny of his services in New Mexico, rec-
ommending him to the acknowledgments of the Amer-
ican government in that invasion ; that is to say, it
was his death warrant if seen by the Mexican author-
ities. A look was exchanged; the letter went into the
fire and Magoffin escaped being shot.

"But he did not escape suspicion. He remained
confined until the approach of Doniphan's expedition,
and was then sent off to Durango, where he remained
a prisoner to the end of the war. Returning to the
United States after the peace, he came to Washington
in the last days of Mr. Folk's administration and ex-
pected remuneration. He had made no terms, asking
nothing, and received nothing, and had expended his
own money, and that freely, for the public service.
The administration had no money applicable to the
object. Mr. Benton stated his case in secret session
in the Senate, and obtained an appropriation, couched
in general terms, of fifty thousand dollars for secret
services rendered during the war. The appropriation,
granted in the last night of the expiring administra-
tion, remained to be applied by the new one, to which
the business was unknown, and had to be presented
unsupported by a line of writing. Mr. Benton went
with Magoffin to President Taylor, who, hearing what
he had done, and what information he had gained for
General Kearny, instantly expressed the wish that he
had had some person to do the same for him, observing
that he got no information except at the point of the
bayonet. He gave orders to the Secretary of War to

OF THE TERRITORY OF NEW MEXICO. 379

attend to the case as if there had been no change in
the administration.

"The secretary (Mr. Crawford, of Georgia) higgled,
required statements to be filed, almost in the nature
of an account, and finally proposed thirty thousand
dollars. It barely covered expenses and losses, but
having undertaken the service patriotically, Magoffin
would not lower its character by standing out for
more. The paper which he filed in the war office may
furnish some material for history, some insight into
the way of making conquests, if ever examined.83

"This is the secret history of General Kearny's ex-
pedition, and of the insurrection, given because it
would not be found in the documents. The history of
Doniphan's Expedition will be given for the same rea-
son, and to show that a regiment of citizen volunteers,
without a regular officer among them, almost without
expense, and hardly with the knowledge of their gov-
ernment, performed actions as brilliant as any that
illustrated the American arms in Mexico; and made
a march in the enemy's country longer than that of
the ten thousand under Xenophon."

His son, Joseph Magoffin, went to El Paso, Texas,
in 1856, and is still living in that city.

83Upon application to the War Department for copies of
the Magoffin papers, the following advice was received:

"It is an invariable rule of the Department not to fur-
nish, nor to permit the making of copies of records such as
those described within and for the purpose indicated within.
"By order of the Secretary of War.

"HENRY P. McCAIN,

"Adjutant General."

Colonel Richard Hanson Weightman.

EICHAED HANSON WEIGHTMAN.

Eichard Hanson Weightman was born in the Dis-
trict of Columbia, was educated at the United States
Military Academy at West Point, and, at the begin-
ning of the war with Mexico, lived in St. Louis,
Missouri.

When the call was made by the Governor of Mis-
souri for troops, intended to become a part of the
Army of the West, under command of General Kearny,
the county of St. Louis, which then included the city
of St. Louis, was asked to furnish the artillery for the
expedition, while the northern river counties were
asked to furnish the riflemen.

Major Meriwether Lewis Clark, of St. Louis, a
graduate of West Point, and a veteran of the War of
1812 and the Black Hawk War, undertook to raise the
two batteries required. Obedient to a call published
in the newspapers, many of the first young men of the
city volunteered their services, being influenced in
some degree by the Santa F£ traders' stories of fab-
ulous wealth to be gained in the Mexican country.
The meeting of the recruits was held on May 28, 1846,
in the office of a justice of the peace, over a black-
smith's shop on Third street, between Pine and Olive.
Here was organized "Battery 'A/ Missouri Light Ar-
tillery."84

Eichard Hanson Weightman was unanimously
elected captain. The other officers chosen were: An-
drew J. Dorn and Edmund F. Chouteau, first lieuten-
ants, and John O. Simpson, second lieutenant. The

84St. Louis Weekly Reveille, May 29, 1846.

382 THE MILITARY OCCUPATION

sergeants were John E. Gratiot, afterwards elected
a second lieutenant while marching across the plains;
Davis Moore and A. V. Wilson ; the corporals, William
H. Thorpe, William Clark Kennerley, Clay Taylor, J.
R. White and George W. Winston. Each artilleryman
was required to furnish himself with a good horse,
saddle, clothing, and, in fact, everything except arms.
The uniform adopted, which was similar to the fatigue
dress of the regular army, consisted of a flat blue cap
with red band bearing the artillery emblem, short blue
jacket, with red standing collar, and trousers with red
stripes, one stripe for the men and two for the officers.
As a further distinguishing mark the officers wore a
band of gold lace on the collar.85 The men all pro-
cured Spanish saddles of one pattern. The saddle was
little more than a skeleton to which were attached the
girth and stirrup straps, rendering it cool and light
as possible for the horse. A comfortable seat was ob-
tained by placing a Mackinaw blanket above and be-
neath the saddle; these blankets were also used by the
men for cover. Each man had a stout leather belt,
supporting a large bowie knife, and many supplied
themselves with "revolving pistols," which were then
just coming into use.

Stories of Indian massacres and hardships to be
encountered on the Great Plains, told by friends and
relatives for the purpose of discouraging the young
men from going, served only to whet their appetite
for adventure. They were also wrought up by the
exciting narratives of an old Canadian hunter, Antoine
Clement, famous in his day as the only trapper in the
West who could approach a grizzly bear on foot with

85History of Battery "A"— Mo. Hist. Society Collections.

OF THE TERRITORY OP NEW MEXICO. 383

any hope of victory, and Antoine was going with the
expedition.

Battery "A" became the corps d'elite of the ex-
pedition. Everybody wanted to serve under Captain
Weightman and become a comrade in arms of the
intrepid Antoine. The result was that Battery "B,"
needed to complete the battalion, suffered for lack of
recruits. The other organizations from the vicinity
of St. Louis, Captain Fischer's German Troop of Dra-
goons, the Laclede Rangers under Captain Hudson,
and a company of Florissant mounted men, under
Captain Edmondson, were all organized and ready to
move before Battery "B" was complete with its quota.
Finally, to expedite matters, Captain Fischer's troop
was converted into a horse battery, which became
Battery "B" of Clark's Battalion.

On June 13, 1846, a crowd of citizens assembled
on the levee to see the men of Weightman's Battery,
one hundred and five strong, embark with their horses
and baggage on the steamboat for the trip up the
Missouri river. At Fort Leavenworth the command
was mustered in the service of the United States, but
had to await the arrival of their guns from Pittsburg.
Meanwhile the departure every day or so of long trains
of transport wagons, with orders to push on as fast as
possible, made the men impatient and despondent.
Another distressing circumstance was the illness of
Captain Weightman, who, it was feared, would have
to be left at the Fort.

The long overland journey began on June 30, 1846.
The St. Louis Flying Horse Artillery rode out of Fort
Leavenworth into the Great West. To each of the
eight long brass guns, the two twelve-pound howitzers

384 THE MILITARY OCCUPATION

and to the caissons were hitched four fine dragoon
horses. As usual, with horses first put to artillery
service, many mishaps arose. On the second day out,
while fording a small stream, with steep banks, the
drivers quickly tangled up their plunging and kicking
animals and might have stopped there forever, had not
the cannoneers dismounted and dragged the guns by
hand up the muddy banks. Then came the prairies,
with grass so high and rank that it reached to the
backs of the horses, making progress very slow.

One month after leaving Fort Leavenworth the
column arrived at Fort Bent. After leaving Fort Bent
and while on the Purgatoire, a Mexican spy was cap-
tured and brought into the presence of General
Kearny. He looked for immediate punishment and
was much surprised wrhen General Kearny took pains
to show him his army and equipment and then told
him to report to the Governor of New Mexico what
he had seen.

While at Fort Bent the battery received a supply
of draught mules to fill the places of the many horses
that the long march had killed off. Out of the one
hundred fine cannon horses originally supplied, not
over forty were left after the march across the Great
Plains.

When the command reached Las Vegas it was
joined by Captain Weightman, who had been left
behind at Fort Leavenworth. The men of Battery "A"
greeted him writh a round of cheers. Now they were
keen for the fray. At the Apache Pass, where they
expected to meet the enemy, none was found, and, on
the 18th of August, the army marched into Santa Fe\

OF THE TERRITORY OF NEW MEXICO. 385

having traveled over eight hundred and fifty miles in
six weeks.

Captain Weightman brought with him and deliv
ered to General Kearny, at Las Vegas, his commission
as a Brigadier General in the army of the United
States. He was a most gallant and capable officer and
participated in the battle of Sacramento. He was also
a paymaster in the army and was discharged in 1840.
When the war with Mexico was over, he came to Santa
Fe, where he practiced law and incidentally conducted
a small newspaper. He was very active in the politics
of the Territory of New Mexico, and was very pro-
nounced in his criticism of the actions of the military
authorities during the military occupation of New Mex-
ico. Together with Captain Angney, who had served
with him during the war, he inaugurated a great cam-
paign against Hugh N. Smith, who had been sent to
Washington to look after the interests of the people,
but Smith was successful and was elected delegate to
congress from the Territory. In 1850, just prior to the
establishment of the territorial form of government,
Weightman was elected United States Senator from
New Mexico, in an effort, at that time, on the part of
the people, to secure statehood for the Territory. He
wras elected to congress and served two years, 1851-
1852.

At the time that he was conducting a newspaper
in Santa F£ occurred the altercation between him and
Felix X. Aubrey, resulting in the death of the latter.
Aubrey had claimed to have discovered a new pass
through the mountains to California. Weightman, in
his paper, had cast some doubt upon Aubrey's discov-
ery. Shortly afterwards Aubrey returned to Santa Fd,

386 THE MILITARY OCCUPATION

and, meeting Weightman in the Plaza, proceeded with
him to the bar of the old Exchange Hotel (Fonda),
where they were about to take some brandy, as was
the custom of the time. Aubrey raised his glass to
his lips, and, putting it down, said, "What has become
of your paper?" Weightman answered: "Dead.7'
-What killed it?" asked the other. "Lack of support,"
was the reply. "The lie it told on me, killed it," said
Aubrey. Without a word, Weightman threw a glass
of brandy into Aubrey's face, and, while blinded by its
effect, stabbed him to death. Major Weightman, in
speaking of the affair afterwards to a friend,86 said
that he saw that Aubrey wras angry and was drawing
his pistol, and that one or the other must be killed,
and that he only struck to save his own life.

Major Weightman was alwrays a great friend of
the native New Mexicans. He was always on the alert
in their defense. While a delegate in Congress, he
made an impassioned address in their behalf, the occa-
sion being the contest for his seat in that body by
Captain A. W. Reynolds, wThom he had defeated before
the people. A letter from Major Weightman, in the
Spanish language, sent to two very prominent citizens
of New Mexico, of date March 20, 1852, from Wash-
ington, has been preserved. Messrs. Miguel Pino and
Hilario Gonzales were the recipients of this letter.
In this letter Major Weightman says: "Since my
arrival in the state of Missouri, I have occupied myself
in answering the lies of persons who wish to destroy
the good will of the people of our Territory, and who
are endeavoring in this way to prevent all legislation

S6Kansas Historical Collections — Vol. 9. Account of W. R.
Bernard of Westport, Mo.

OF THE TERRITORY OP NEW MEXICO. 387

bancrpft Library

by congress for our benefit. In answering the false-
hoods of these individuals, and in telling the truth,
I have spent time which otherwise I should have
dedicated to legislative business and in the perform-
ance of my duties as your delegate in congress. Now,
I am going to give you an account of the operations
of our enemies. On my way to Washington I stopped
over in the state of Missouri, where I observed, with
much displeasure, the miserable efforts that are being
made by pernicious persons, residents of New Mexico,
to destroy the good name of the inhabitants of New
Mexico. Our enemies have acted with a zeal worthy
of a better cause, but to attain their detestable ends,
they have not hesitated in using all sorts of falsehood.
Their first statement was in prejudicing the minds of
the people with monstrous tales against the native
New Mexicans and equally so against the honest
Americans living there, who have declared that they
know our people best and have found them to be good,
generous and loyal to the Constitution. These men
have published in various newspapers slanderous false-
hoods stating that the inhabitants of New Mexico
harbor hostility and ill-will toward the government
and people of the United States, so much so, that it
is unsafe for Americans to live among them. They
have tried to make the people believe that the death
of Burtinett was nothing but assassination, cowardly
and diabolical, and that he was killed for no other
purpose than that of trying to exercise his privilege
of voting, and that William Skinner, while making a
friendly visit to Dn. Juan Cristobal Armijo, had lost
his life in the midst of cowardly traitors, who had
surrounded him in order to kill him. These are sam-

388 THE MILITARY OCCUPATION

pies of the lies they are circulating. Further than
this, they are constantly representing that all the
Xew Mexicans are ignorant, vicious and totally unfit
for self-government and unworthy of freedom.

"They have slandered our friend. Governor Cal-
houn, and myself and are saying of us that we are
capable only of administering to the atrocious passions
of a corrupt and brutal people. Speaking of the clergy,
they refer to them in terms more strongly than of the
people generally, saying that they are worse than
brutes and dishonor their calling.

"To us these slanders are so enormous that it is
almost impossible to believe that there are men so de-
praved as to invent them. They have attacked Gov-
ernor Calhoun and myself principally, because we have
endeavored to faithfully represent the rights and in-
terests of the people of New Mexico, instead of turning
traitors and playing the role of ungrateful beings.

"It is impossible to resist the conclusion that they
are endeavoring to secure the re-establishment of the
repugnant military government, and believing this to
be their purpose, I have deemed it my most sacred
duty to follow them step by step, in order that I might
be able, at all times and in all places, to refute their
slanderous falsehoods.

"In the city of St. Louis, on November 13th, I had
the opportunity of making a general reply to their
accusations and I herewith send you a translation of
the article, which was published originally in English,
for your satisfaction. The malice of these enemies of
Xew Mexico does not confine itself to the columns of
the newspapers in which their statements first ap-
peared.

OF THE TERRITORY OF NEW MEXICO. 389

"They came to Washington and presented false
complaints to the President of the United States, in
the form of an accusation against Governor Calhoun
and myself. Having received this document, which
consisted of twenty pages, the President sent for me,
placed it in my hands and asked me to answer its
contents. In it are repeated the old lies which now
and then have been published in the Gazette, at Santa
F£, touching the character of the population of New
Mexico, and adding to all this the slanders above re-
ferred to.

"I have observed the natural effect of all this in
its prejudicing the mind of the President with the idea
that the old inhabitants of the Territory are not de-
serving of being admitted to the exercise of their full
rights of citizenship, nor to govern themselves as citi-
zens of this country; and further, that in order to
protect the lives of Americans, who are living among
such a mob, it was necessary to re-establish the mili-
tary government.

"And now I must tell you who are the persons
signing these slanderous statements. As already
stated, I have seen the original statement, the Presi-
dent, himself, having shown it to me and placed it in
my hands. The names signed to it are the following:
Messrs. Houghton, Reynolds, Collins, McGrorty, John-
son, Tulles and Quinn.

"Such are the persons who occupy themselves in
calumniating and slandering the people whom they so
recently endeavored to seduce with their adulations;
now, in their rage, they have unmasked themselves,
and it is an easy matter now to determine who are our
enemies and who are our friends. But, even this step

390 THE MILITARY OCCUPATION

does not seem to satisfy them in their frenzy. To one
of the representatives in Congress, Mr. Phelps of Mis-
souri, with their continuous appeals, they have finally
induced to believe their falsehoods and have succeeded
in having him present a memorial to the House of
Representatives, on the part of Captain Reynolds,
claiming that he is entitled to my seat in congress,
the same to which I was elected by favor of the legal
voters of New Mexico.

"That memorial contained various injurious allega-
tions against the character of our people and their
governor. Mr. Phelps, in his address, read several
extracts from the aforesaid document, the one pre-
sented to the President. To Mr. Phelps' speech I made
reply, as your representative in congress.

"My reply, which has resulted victoriously, inas-
much as it was based upon truth, was made in the
House of Representatives on the 15th of March, and
I have already sent printed copies to all parts of the
United States. I have sent one copy of it to New York,
in order that it may be translated into Spanish, and
by next mail I shall have the honor and satisfaction
of sending you a translated copy. Then the people
will be able to judge whether or not I have defended
the honor and interests of New Mexico.

******

"I will send you by next mail a complete list of
the laws that may be passed. I can mention some that
have advanced a few steps, but wrhich are as yet
uncompleted, viz.: A law granting to the legislature
the right to manage, under certain conditions, the
money appropriated for the benefit of the Territory;
the law extending the regular sessions to sixty instead

OF THE TERRITORY OF NEW MEXICO. 391

of forty days. A law authorizing the employment by
each House of an interpreter and four clerks; a law
authorizing the governor to convene the legislature
in an extra session for ninety days. A law authorizing
the President to distribute arms and ammunition of
war among the inhabitants, that they may defend
themselves against the attacks of the savage Indians
that surround them.

"Ketaining a lasting memory of the fondness, the
hospitality and the confidence, which I have received
at the hands of my constituents in all parts of the
Territory, I avail myself of this opportunity of assur-
ing you that I am

"Your true friend and servant,

"K. H. WEIGHTMAN,
"Delegate from New Mexico."

Many stories are told of Major Weightman and his
courage as a citizen and a soldier. Once, during the
campaign with Doniphan, word reached him that he
was being maligned by Lieutenant ( houteau. He sent
for Chouteau and asked him what he meant by such
talk. Chouteau said that Weightman had not treated
him fairly in some matter, and grew very angry and
demanded the satisfaction of a gentleman. Weightman
was ready to afford him all the satisfaction desired,
but Chouteau, who was carrying his right arm in n
sling, having been wounded, asked that the meeting
be postponed for a while, else he would be at a dis-
advantage. "Oh, that's all right," said Weightman,
"I'll hold my right hand behind me and we will shoot
with our left hands." Fortunately friends interfered
and the duel was prevented.

392 THE MILITARY OCCUPATION

Once, while engaged in practicing law at Santa
F£, Judge Joab Houghton was accused by Weightinan
of sitting in a case in which the court was personally
interested. Judge Houghton responded with a chal-
lenge. In the duel that followed, soon afterwards,
Weightman alone fired at the word of command. The
Judge, who was deaf, ducked his head, after the bullet
whizzed by, and shouted, "I didn't hear the command
to fire." "All right," said Weightman, holding up his
hands, "you have the right to shoot. Fire now." The
seconds rushed in and tried to induce Weightinan to
apologize and to stop the proceedings. "I'll apologize,"
said Weightman, "as far as being sorry is concerned,
but (addressing his opponent), I can't take back what
I said, judge, for it was so." The judge wras willing
to accept that as an apology, but he declared that if
Weightman ever again insulted him on the bench, he
wTould shoot next time to kill.

During the war between the States, Major Weight-
man was in General Price's army, and was in command
of a large force of Missourians on Little Blue, east of
Independence, Missouri. Thomas B. Catron, of Santa
Fe, X. M., at that time a resident of Lexington, Mo.,
was an officer in Bledsoe's Battery, a part of Weight-
man's command. At the battle of Wilson's Creek, Mr.
Catron held conversation with Weightman a very short
time before he was killed. Weightman had personally
given orders stationing the battery at a certain point
and ordering them to remain in that position until
orders to move came from him. It was only a few
moments afterwards that Weightman was shot.
Planted on another hill was a federal battery, under
command of Captain Barkoff, who had been an officer

OF THE TERRITORY OF NEW MEXICO. 393

with Weightman in the war with Mexico. This Union
battery was silenced by the tremendous fire from Bled-
soe's guns and six guns were captured by the Con-
federate forces.

Writing of the death of Weightman, Edwards
says: "The Confederates also lost many valuable offi-
cers, one of the noblest and the best being Colonel
Richard Hanson W^eightman, the hero of Carthage,
the idol of his command, peerless soldier, the chival-
rous gentleman and the costliest victim the South has
yet offered upon the altar of her sacrifices. Amid the
low growls of the subsiding battle, amid the slain of
his heroic brigade, who had followed him three times
to the crest of Bloody Hill, and just as the shrill,
impatient cheers of his victorious comrades rang out
wildly on the battle breeze, Weightman's devoted
spirit passed away from earth, followed by the tears
and heartfelt sorrow of the entire army."87

General Sterling Price knew Weightman's capa-
bilities as a soldier, and, in his official report to Gov-
ernor Jackson, of the state of Missouri, of the battle
of Wilson's Creek, says: "Among those who fell, mor-
tally wounded upon the battle field, none deserves a
dearer place in the memory of Missourians than Rich-
ard Hanson Weightman, Colonel commanding the first
brigade of the second division of the army. Taking
up arms at the very begining of this unhappy contest,
he had already done distinguished services at the bat-
tle of Rock Creek, where he commanded the state
forces after the death of the lamented Holloway; and
at Carthage, where he won unfading laurels by the
display of extraordinary coolness, courage and skill.

87Shelby and His Men, page 36.

394 MILITARY OCCUPATION OF NEW MEXICO.

He fell at the head of his brigade, wounded in three
places, and died just as the victorious shouts of our
army began to rise upon the air."88

^Official Report— Gen. Price, Aug. 12, 1861, Springfield, Mo.,
to Gov. Claiborne F. Jackson.

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Full text of "The history of the military occupation of the territory of New Mexico from 1846 to 1851 by the government of the United States : together with biographical sketches of men prominent in the conduct of the government during that period"

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