The Kearny Code is a legal code

Legal code

A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...

 named after General Stephen W. Kearny

Stephen W. Kearny

Stephen Watts Kearny surname also appears as Kearney in some historic sources; August 30, 1794 October 31, 1848), was one of the foremost antebellum frontier officers of the United States Army. He is remembered for his significant contributions in the Mexican-American War, especially the conquest...

. The Kearny Code was promulgated in Santa Fe, New Mexico

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...

 on 22 September 1846 for use in the New Mexico Territory, as 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...

 during the U.S.-Mexican War. Four days later General Kearny left for Alta California

Alta California

Alta California was a province and territory in the Viceroyalty of New Spain and later a territory and department in independent Mexico. The territory was created in 1769 out of the northern part of the former province of Las Californias, and consisted of the modern American states of California,...

.

Origin

The code was prepared by Colonel A. W. Doniphan, of the first regiment of Missouri mounted volunteers, who received significant assistance from Private Willard P. Hall

Willard Preble Hall

William Willard Preble Hall was an American lawyer and politician. He served as the 17th Governor of Missouri from 1864 to 1865 during last years of the American Civil War.-Early years:...

, of his regiment. The code was based on the Bill of Rights and laws of Missouri, with amendations from the laws of Coahuila y Tejas

Coahuila y Tejas

Coahuila y Tejas was one of the constituent states of the newly established United Mexican States under its 1824 Constitution.It had two capitals: first Saltillo, and then Monclova...

, and the Livingston Code.

The Kearny Code became the basis of New Mexico law. It was submitted to Congress along with the Organic Act creating the Territory of New Mexico

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...

. It was amended by the territorial legislature, and after statehood by the state legislature, but many of the provisions remain substantially unchanged today (2007).

Provisions

The promulgation consisted of three parts, a Bill of Rights, a list of appointments to civil offices in the territory of New Mexico, and Laws for the Government of the Territory of New Mexico. The Bill of Rights did not distinguish between citizens and non-citizens, but granted rights to all persons. It contained most of the safeguards of the United States Bill of Rights

United States Bill of Rights

The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...

and others from Missouri. The laws were mostly verbatim from a copy of the Missouri statutes that Private Hall, who was a Missouri attorney, had in his saddlebags.