Joab Houghton
Encyclopedia
Joab Houghton was an American
lawyer and judge who served as the first Chief Justice of New Mexico
.
A native of New York
, Houghton came to New Mexico when it was still a Mexican territory, and became a successful merchant. Though lacking any legal education, he was appointed Chief Justice when New Mexico was occupied by the United States
in 1846 during the Mexican-American War. In 1850, Houghton led an anti-slavery faction in the drafting of New Mexico's proposed constitution during its first attempt at statehood. His service as Chief Justice ended in 1851, and he practiced law in Santa Fe
, as he would during much of his life, and also served as a district attorney during the American Civil War
. Houghton was again appointed a justice on the Supreme Court
of New Mexico Territory
from 1865 to 1869. He made numerous political enemies, and his rulings regarding property confiscated during the Civil War were widely criticized as contrary to basic legal principles. After his replacement on the bench, Houghton spent his last years in private legal practice.
in 1811. He attended college and then worked as a civil engineer
. Houghton arrived in New Mexico in 1843, traveling over the Santa Fe Trail
on a trading expedition.
He entered into a mercantile partnership in Santa Fe
with brothers Eugene and Thomas Leitensdorfer, doing business as E. Leitensdorfer & Co. from 1844 until 1848, when it went bankrupt. Prior to its failing, it was considered the leading mercantile house west of the Missouri River
. Houghton also began a partnership with Jared W. Folger in 1847, operating as Houghton & Folger.
in Santa Fe
in 1845. He was serving in that capacity when Santa Fe was occupied by the United States Army
in August, 1846, shortly after the start of the Mexican–American War. The military governor, General Stephen W. Kearney, quickly formed a civilian provisional government
, and on September 22, 1846, appointed Houghton as Chief Justice of the Supreme Court alongside two associate justices. Like both of his colleagues, Houghton had no legal training, though he read law as a hobby and continued to study it while serving on the bench. As a consequence of Houghton's ignorance of the law, the court's record keeping was inadequate and irregular, and he also issued no rules of practice to guide attorneys in his court. In the two terms he would ultimately serve on the bench, Houghton apparently filed only one written opinion. Most of the bar of New Mexico at the time, however, was even more ignorant of basic legal principles than Houghton. Even apart from those limitations, the court's functioning was frequently impaired by the military's interference with its orders.
In 1847, Houghton presided over several trials for treason resulting from the Taos Revolt
, an insurrection against the American occupation that culminated in the assassination of Governor Charles Bent
. Houghton's dramatic sentencing of conspirator Antonio Maria Trujillo to death by hanging has been frequently noted by historians:
It is not certain, however, whether the sentence was ever carried out.
Houghton was strongly opposed to slavery, and believed its introduction to New Mexico would have a detrimental effect on its people and industries. These views made Houghton extremely unpopular with members of Congress from southern states. In New Mexico's first bid for statehood, Houghton led a faction of anti-slavery delegates in the 1850 constitutional convention
. Commanding the majority, Houghton wrote much of the constitution himself, which contained a declaration against slavery and a total rejection of land claims by Texas
to portions of New Mexico. Houghton's main political rival in the statehood issue, Richard Hanson Weightman
, viciously attacked Houghton in public speeches, and filed charges with the military governor asking for Houghton's removal. Houghton responded by challenging Weightman to a duel
. The duel proceeded and ended anticlimactically. Weightman fired first but missed Houghton. Houghton, being partially deaf, did not hear the command to fire. Before Houghton could take his shot, the seconds intervened and forced Weightman to make an apology of sorts. Their political dispute was largely rendered moot when the bid for statehood was ended by the Compromise of 1850
, which instead organized New Mexico Territory
, and provided that the issue of slavery would be decided by popular vote.
, believed the provisional court to have been abolished by Congress. Houghton's removal from the court possibly increased his enmity towards Calhoun, who was a pro-slavery southerner. Houghton tried to have him removed as governor, in part by alleging that Calhoun took sides with wealthy natives and Catholic Church officials against American residents. Calhoun died the following year. Houghton also made an enemy of his successor as Chief Justice, Grafton Baker, and was one of many who actively sought Baker's removal. In 1853, Houghton appeared as a litigant in Baker's court, in a case involving a debt charged to the Leitensdorfer partnership. Baker ruled against him. The case was appealed to the U.S. Supreme Court, which affirmed Baker's decision.
After leaving the bench, Houghton practiced law in Santa Fe, and helped form the Historical Society of New Mexico. He was appointed Superintendent of Public Buildings on January 15, 1853, and designed the plans for the new capitol building. Its construction halted in 1857 due to lack of funds; it would not be completed until 1889, when it was repurposed as a federal courthouse that is still in use, as the Santiago E. Campos United States Courthouse
. In 1861, he was appointed Register of the United States Land Office
in Santa Fe; he served in that position until 1868.
At the start of the American Civil War
, Houghton took the lead in rallying support for the Union and against Texas, which had seceded. He was named the wartime district attorney for New Mexico on September 19, 1861; he zealously got indictments for treason against several prominent citizens who he believed were southern sympathizers, but was unable to obtain any convictions.
to the Territorial Supreme Court, as an associate justice presiding over the Third District. Houghton maintained a residence in Santa Fe, outside of his district, for which he was accused of ignoring the legal requirements of his position. Houghton was also widely denounced for his handling of numerous lawsuits involving property confiscated during the American Civil War
. Among the most criticized aspects of these rulings, often attributed to his poor understanding of the law, were Houghton's assumption of jurisdiction
over property in El Paso, Texas
, and his insistence that the confiscation proceedings could proceed ex parte
and tried without a jury. Houghton's court consequently earned the reputation of being a mere "prize court
". In January, 1869, the territorial Legislative Council addressed a memorial to the president requesting that Houghton be replaced. Upon taking office, President Grant
replaced the entire court, appointing Abraham Bergen to Houghton's seat.
. He died there on January 31, 1876.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and judge who served as the first Chief Justice of New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
.
A native of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Houghton came to New Mexico when it was still a Mexican territory, and became a successful merchant. Though lacking any legal education, he was appointed Chief Justice when New Mexico was occupied by the United States
U.S. provisional government of New Mexico
Under the provisions of the Kearny Code, the first legislature of New Mexico commenced its session on December 6, 1847. The Council consisted of seven members, with Antonio Sandoval, of Bernalillo County, as president, and the House of twenty-one members, with W.Z...
in 1846 during the Mexican-American War. In 1850, Houghton led an anti-slavery faction in the drafting of New Mexico's proposed constitution during its first attempt at statehood. His service as Chief Justice ended in 1851, and he practiced law in Santa Fe
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
, as he would during much of his life, and also served as a district attorney during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Houghton was again appointed a justice on the Supreme Court
New Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution...
of New Mexico Territory
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
from 1865 to 1869. He made numerous political enemies, and his rulings regarding property confiscated during the Civil War were widely criticized as contrary to basic legal principles. After his replacement on the bench, Houghton spent his last years in private legal practice.
Early life and business
Houghton was born in New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1811. He attended college and then worked as a civil engineer
Civil engineer
A civil engineer is a person who practices civil engineering; the application of planning, designing, constructing, maintaining, and operating infrastructures while protecting the public and environmental health, as well as improving existing infrastructures that have been neglected.Originally, a...
. Houghton arrived in New Mexico in 1843, traveling over the Santa Fe Trail
Santa Fe Trail
The Santa Fe Trail was a 19th-century transportation route through central North America that connected Missouri with Santa Fe, New Mexico. Pioneered in 1822 by William Becknell, it served as a vital commercial and military highway until the introduction of the railroad to Santa Fe in 1880...
on a trading expedition.
He entered into a mercantile partnership in Santa Fe
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
with brothers Eugene and Thomas Leitensdorfer, doing business as E. Leitensdorfer & Co. from 1844 until 1848, when it went bankrupt. Prior to its failing, it was considered the leading mercantile house west of the Missouri River
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...
. Houghton also began a partnership with Jared W. Folger in 1847, operating as Houghton & Folger.
Chief Justice of the New Mexico provisional government: 1846–1851
Houghton was appointed the U.S. consulConsul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...
in Santa Fe
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
in 1845. He was serving in that capacity when Santa Fe was occupied by the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in August, 1846, shortly after the start of the Mexican–American War. The military governor, General Stephen W. Kearney, quickly formed a civilian provisional government
U.S. provisional government of New Mexico
Under the provisions of the Kearny Code, the first legislature of New Mexico commenced its session on December 6, 1847. The Council consisted of seven members, with Antonio Sandoval, of Bernalillo County, as president, and the House of twenty-one members, with W.Z...
, and on September 22, 1846, appointed Houghton as Chief Justice of the Supreme Court alongside two associate justices. Like both of his colleagues, Houghton had no legal training, though he read law as a hobby and continued to study it while serving on the bench. As a consequence of Houghton's ignorance of the law, the court's record keeping was inadequate and irregular, and he also issued no rules of practice to guide attorneys in his court. In the two terms he would ultimately serve on the bench, Houghton apparently filed only one written opinion. Most of the bar of New Mexico at the time, however, was even more ignorant of basic legal principles than Houghton. Even apart from those limitations, the court's functioning was frequently impaired by the military's interference with its orders.
In 1847, Houghton presided over several trials for treason resulting from the Taos Revolt
Taos Revolt
The Taos Revolt was a popular insurrection in January 1847 by Mexicans and Pueblo allies against the United States' occupation of present-day northern New Mexico during the Mexican–American War. In two short campaigns, United States troops and militia crushed the rebellion of the Mexicans and...
, an insurrection against the American occupation that culminated in the assassination of Governor Charles Bent
Charles Bent
Charles Bent was appointed as the first Governor of the newly acquired New Mexico Territory by Governor Stephen Watts Kearny in September 1846....
. Houghton's dramatic sentencing of conspirator Antonio Maria Trujillo to death by hanging has been frequently noted by historians:
It is not certain, however, whether the sentence was ever carried out.
Houghton was strongly opposed to slavery, and believed its introduction to New Mexico would have a detrimental effect on its people and industries. These views made Houghton extremely unpopular with members of Congress from southern states. In New Mexico's first bid for statehood, Houghton led a faction of anti-slavery delegates in the 1850 constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
. Commanding the majority, Houghton wrote much of the constitution himself, which contained a declaration against slavery and a total rejection of land claims by Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
to portions of New Mexico. Houghton's main political rival in the statehood issue, Richard Hanson Weightman
Richard Hanson Weightman
Richard Hanson Weightman was an antebellum delegate to the United States Congress from the Territory of New Mexico...
, viciously attacked Houghton in public speeches, and filed charges with the military governor asking for Houghton's removal. Houghton responded by challenging Weightman to a duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
. The duel proceeded and ended anticlimactically. Weightman fired first but missed Houghton. Houghton, being partially deaf, did not hear the command to fire. Before Houghton could take his shot, the seconds intervened and forced Weightman to make an apology of sorts. Their political dispute was largely rendered moot when the bid for statehood was ended by the Compromise of 1850
Compromise of 1850
The Compromise of 1850 was a package of five bills, passed in September 1850, which defused a four-year confrontation between the slave states of the South and the free states of the North regarding the status of territories acquired during the Mexican-American War...
, which instead organized New Mexico Territory
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
, and provided that the issue of slavery would be decided by popular vote.
Between judicial appointments: private practice, political rivalries, and wartime prosecutions
Houghton's service as Chief Justice ended March 1, 1851; the incoming governor of the newly formed Territory, James S. CalhounJames S. Calhoun
James S. Calhoun was best known as the Governor of New Mexico Territory from 1851 to 1852. He had many careers, though, including time as a Georgian politician, military colonel, and bureaucrat in the United States government....
, believed the provisional court to have been abolished by Congress. Houghton's removal from the court possibly increased his enmity towards Calhoun, who was a pro-slavery southerner. Houghton tried to have him removed as governor, in part by alleging that Calhoun took sides with wealthy natives and Catholic Church officials against American residents. Calhoun died the following year. Houghton also made an enemy of his successor as Chief Justice, Grafton Baker, and was one of many who actively sought Baker's removal. In 1853, Houghton appeared as a litigant in Baker's court, in a case involving a debt charged to the Leitensdorfer partnership. Baker ruled against him. The case was appealed to the U.S. Supreme Court, which affirmed Baker's decision.
After leaving the bench, Houghton practiced law in Santa Fe, and helped form the Historical Society of New Mexico. He was appointed Superintendent of Public Buildings on January 15, 1853, and designed the plans for the new capitol building. Its construction halted in 1857 due to lack of funds; it would not be completed until 1889, when it was repurposed as a federal courthouse that is still in use, as the Santiago E. Campos United States Courthouse
Santiago E. Campos United States Courthouse
The Santiago E. Campos United States Courthouse is a historic courthouse building located at Santa Fe in Santa Fe County, New Mexico. Formerly designated simply as the United States Courthouse, it was renamed for the late District Judge Santiago E. Campos in 2004.-Building history:The building had...
. In 1861, he was appointed Register of the United States Land Office
General Land Office
The General Land Office was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury...
in Santa Fe; he served in that position until 1868.
At the start of the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, Houghton took the lead in rallying support for the Union and against Texas, which had seceded. He was named the wartime district attorney for New Mexico on September 19, 1861; he zealously got indictments for treason against several prominent citizens who he believed were southern sympathizers, but was unable to obtain any convictions.
Justice on the Territorial Supreme Court, 1865–1869
On December 21, 1865, Houghton was nominated by President Andrew JohnsonAndrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
to the Territorial Supreme Court, as an associate justice presiding over the Third District. Houghton maintained a residence in Santa Fe, outside of his district, for which he was accused of ignoring the legal requirements of his position. Houghton was also widely denounced for his handling of numerous lawsuits involving property confiscated during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Among the most criticized aspects of these rulings, often attributed to his poor understanding of the law, were Houghton's assumption of jurisdiction
Territorial jurisdiction
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation...
over property in El Paso, Texas
El Paso, Texas
El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
, and his insistence that the confiscation proceedings could proceed ex parte
Ex parte
Ex parte is a Latin legal term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., Indian and U.S...
and tried without a jury. Houghton's court consequently earned the reputation of being a mere "prize court
Prize court
A prize court is a court authorized to consider whether or not a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal...
". In January, 1869, the territorial Legislative Council addressed a memorial to the president requesting that Houghton be replaced. Upon taking office, President Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
replaced the entire court, appointing Abraham Bergen to Houghton's seat.
Later life and death
Houghton subsequently practiced law in Santa Fe until 1874, when he moved to Las VegasLas Vegas, New Mexico
Las Vegas is a city in San Miguel County, New Mexico, United States. Once two separate municipalities both named Las Vegas, west Las Vegas and east Las Vegas , divided by the Gallinas River, retain distinct characters and separate, rival school districts. The population was 14,565 at the 2000...
. He died there on January 31, 1876.