U.S. provisional government of New Mexico
Encyclopedia
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. Angney as speaker.
It passed an act providing for a convention to consider a permanent form of government for New Mexico, and the delegates for this purpose met on October 10, 1848. It adopted a memorial to Congress asking for a regular territorial government, and declared against the introduction of domestic slavery.
In the next year the military governor called an election for delegates to a convention to frame a territorial form of government.
Meanwhile, Texas, which claimed all the territory east of the Rio Grande, sent Spruce M. Baird, as judge to organize that district into a county to be called Santa Fe. But he was received with such opposition that he did not attempt to carry his instructions into effect. In the spring of 1850, they sent a second commissioner, Robert S. Neighbors, to organize counties of the state of Texas and to hold elections in them of local officers.
This created some excitement, but produced no practical result. Almost at the same time, however, it became well known that the President
and his cabinet at Washington desired the people of California
and New Mexico to organize state governments without delay, in order to settle the question of slavery within their borders, and thus allay the great national excitement on the subject.
A convention was consequently called by Colonel Munroe, the military governor, which met on May 15, and adopted a state constitution, which all concede to be an admirable instrument. The two features which naturally attract most attention are the clear declaration against slavery in the new state, and the appreciation shown of the value of public education. It should never be forgotten that this first constitutional convention
in New Mexico, in which native New Mexicans composed over ninety per cent of the membership, took this high ground and maintained it courageously, although by so doing they were placing in jeopardy their own right to self-government.
This constitution was submitted to the people on the 20th of June, and adopted with substantial unanimity. At the same time state officers and a legislature were elected, Henry Connelly being chosen governor, and Manuel Alvarez, lieutenant-governor. The legislature met on July 1, 1850, and elected as United States senators Francis A. Cunningham
and Richard H. Weightman, but while Mr. Weightman was on his way to Washington to claim his seat in the senate the famous compromise measures of 1850
were passed by Congress, one feature of which was the act organizing New Mexico as a territory, with boundaries including the areas now embraced in New Mexico, Arizona, and southern Colorado. This Organic Act
was passed September 9, 1850.
In general, the leader of the native New Mexicans favored statehood, while the American pioneer element wanted a Territorial organization. All important officials in a Territory are appointed by the President; in a State they are elected by the people.
and system of laws, the "Kearny Code." The Judicial branch consisted of a three-man Superior Court. Judges served in a dual capacity. Each was a trial judge, presiding over a judicial district; together they constituted an appellate court, reviewing their individual decisions.
At the new American court's first session in Taos in April 1847, 17 men were tried for murder, 5 for high treason, and 17 for larceny. Convicted: 15 of murder, one of treason, and 6 of larceny. Every man convicted of homicide was hanged, according to Henry Weihofen. [See note 1, below]
Prior to United States occupation, the political subdivisions were those created in 1844 by the Departmental Council of Mexico which established seven counties in three districts: Taos and Rio Arriba counties in the Northern district; Santa Fe, San Miguel and Santa Ana counties in the Central district; and Bernalillo and Valencia counties in the Southeastern district. These county names were retained after the occupation of the U.S. although there were county boundary changes.
In 1847 the General Assembly of the Territory of New Mexico passed an "Act Regulating the Holding of Circuit Courts." Three circuits were established: The Central, the Northern, and the Southeastern.
Upon the acquisition, in the year 1846, by the arms of the United States, of the Territory of New Mexico, the civil government of this territory having been overthrown, the officer, General Kearney, holding possession for the United States in virtue of the power of conquest and occupancy and in obedience to the duty of maintaining the security of the inhabitants in their persons and property, ordained, under the sanction and authority of the United States, a provisional or temporary government for the acquired country.
Accordingly we find that there was ordained by the provisional government a judicial system which created a superior or appellate court constituted of three judges, and circuit courts, in which the laws were to be administered by the judges of the superior or appellate court in the circuits to which they should be respectively assigned. By the same authority, the jurisdiction of the circuit courts to be held in the several counties was declared to embrace 1st, all criminal cases that shall not be otherwise provided by law, and 2d, exclusive original jurisdiction in all civil cases which shall not be cognizable before the prefects and alcaldes. Vide laws of New Mexico, Kearney's Code 48. Of the validity of these ordinances of the provisional government there is made no question with respect to the period during which the territory was held by the United States as occupying conqueror, and it would seem to admit of no doubt that during the period of their valid existence and operation, these ordinances must have displaced and superseded every previous institution of the vanquished or deposed political power which was incompatible with them. But it has been contended that whatever may have been the rights of the occupying conqueror as such, these were all terminated by the termination of the belligerent attitude of the parties, and that with the close of the contest every institution which had been overthrown or suspended would be revived and reestablished. The fallacy of this pretension is exposed by the fact that the territory never was relinquished by the conqueror nor restored to its original condition or allegiance, but was retained by the occupant until possession was matured into absolute permanent dominion and sovereignty, and this too under the settled purpose of the United States never to relinquish the possession acquired by arms.
Kearny code
The Kearny Code is a legal code named after General Stephen W. Kearny. The Kearny Code was promulgated in Santa Fe, New Mexico on 22 September 1846 for use in the New Mexico Territory, as occupied by the United States Army during the U.S.-Mexican War. Four days later General Kearny left for Alta...
, 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. Angney as speaker.
It passed an act providing for a convention to consider a permanent form of government for New Mexico, and the delegates for this purpose met on October 10, 1848. It adopted a memorial to Congress asking for a regular territorial government, and declared against the introduction of domestic slavery.
In the next year the military governor called an election for delegates to a convention to frame a territorial form of government.
Meanwhile, Texas, which claimed all the territory east of the Rio Grande, sent Spruce M. Baird, as judge to organize that district into a county to be called Santa Fe. But he was received with such opposition that he did not attempt to carry his instructions into effect. In the spring of 1850, they sent a second commissioner, Robert S. Neighbors, to organize counties of the state of Texas and to hold elections in them of local officers.
This created some excitement, but produced no practical result. Almost at the same time, however, it became well known that the President
Zachary Taylor
Zachary Taylor was the 12th President of the United States and an American military leader. Initially uninterested in politics, Taylor nonetheless ran as a Whig in the 1848 presidential election, defeating Lewis Cass...
and his cabinet at Washington desired the people of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and New Mexico to organize state governments without delay, in order to settle the question of slavery within their borders, and thus allay the great national excitement on the subject.
A convention was consequently called by Colonel Munroe, the military governor, which met on May 15, and adopted a state constitution, which all concede to be an admirable instrument. The two features which naturally attract most attention are the clear declaration against slavery in the new state, and the appreciation shown of the value of public education. It should never be forgotten that this first 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...
in New Mexico, in which native New Mexicans composed over ninety per cent of the membership, took this high ground and maintained it courageously, although by so doing they were placing in jeopardy their own right to self-government.
This constitution was submitted to the people on the 20th of June, and adopted with substantial unanimity. At the same time state officers and a legislature were elected, Henry Connelly being chosen governor, and Manuel Alvarez, lieutenant-governor. The legislature met on July 1, 1850, and elected as United States senators Francis A. Cunningham
Francis A. Cunningham
Francis Alanson Cunningham was a U.S. Representative from Ohio.Born in Abbeville District, South Carolina, Cunningham moved to Eaton, Ohio, in 1826.He taught school.He studied medicine and commenced practice in 1829....
and Richard H. Weightman, but while Mr. Weightman was on his way to Washington to claim his seat in the senate the famous compromise measures 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...
were passed by Congress, one feature of which was the act organizing New Mexico as a territory, with boundaries including the areas now embraced in New Mexico, Arizona, and southern Colorado. This Organic Act
Organic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
was passed September 9, 1850.
In general, the leader of the native New Mexicans favored statehood, while the American pioneer element wanted a Territorial organization. All important officials in a Territory are appointed by the President; in a State they are elected by the people.
Judicial branch
In 1846, General Stephen Watts Kearny set up a provisional governmentProvisional government
A provisional government is an emergency or interim government set up when a political void has been created by the collapse of a very large government. The early provisional governments were created to prepare for the return of royal rule...
and system of laws, the "Kearny Code." The Judicial branch consisted of a three-man Superior Court. Judges served in a dual capacity. Each was a trial judge, presiding over a judicial district; together they constituted an appellate court, reviewing their individual decisions.
At the new American court's first session in Taos in April 1847, 17 men were tried for murder, 5 for high treason, and 17 for larceny. Convicted: 15 of murder, one of treason, and 6 of larceny. Every man convicted of homicide was hanged, according to Henry Weihofen. [See note 1, below]
Prior to United States occupation, the political subdivisions were those created in 1844 by the Departmental Council of Mexico which established seven counties in three districts: Taos and Rio Arriba counties in the Northern district; Santa Fe, San Miguel and Santa Ana counties in the Central district; and Bernalillo and Valencia counties in the Southeastern district. These county names were retained after the occupation of the U.S. although there were county boundary changes.
In 1847 the General Assembly of the Territory of New Mexico passed an "Act Regulating the Holding of Circuit Courts." Three circuits were established: The Central, the Northern, and the Southeastern.
Upon the acquisition, in the year 1846, by the arms of the United States, of the Territory of New Mexico, the civil government of this territory having been overthrown, the officer, General Kearney, holding possession for the United States in virtue of the power of conquest and occupancy and in obedience to the duty of maintaining the security of the inhabitants in their persons and property, ordained, under the sanction and authority of the United States, a provisional or temporary government for the acquired country.
Accordingly we find that there was ordained by the provisional government a judicial system which created a superior or appellate court constituted of three judges, and circuit courts, in which the laws were to be administered by the judges of the superior or appellate court in the circuits to which they should be respectively assigned. By the same authority, the jurisdiction of the circuit courts to be held in the several counties was declared to embrace 1st, all criminal cases that shall not be otherwise provided by law, and 2d, exclusive original jurisdiction in all civil cases which shall not be cognizable before the prefects and alcaldes. Vide laws of New Mexico, Kearney's Code 48. Of the validity of these ordinances of the provisional government there is made no question with respect to the period during which the territory was held by the United States as occupying conqueror, and it would seem to admit of no doubt that during the period of their valid existence and operation, these ordinances must have displaced and superseded every previous institution of the vanquished or deposed political power which was incompatible with them. But it has been contended that whatever may have been the rights of the occupying conqueror as such, these were all terminated by the termination of the belligerent attitude of the parties, and that with the close of the contest every institution which had been overthrown or suspended would be revived and reestablished. The fallacy of this pretension is exposed by the fact that the territory never was relinquished by the conqueror nor restored to its original condition or allegiance, but was retained by the occupant until possession was matured into absolute permanent dominion and sovereignty, and this too under the settled purpose of the United States never to relinquish the possession acquired by arms.