STRUGGLE FOR STATEHOOD

CHAPTER I.

THE BEGINNING OF THE STRUGGLE.

In no part of the United States has there ever been such a protracted struggle for self-government as in New MexiCo. In no other case has Statehood been so long withheld.

The inhabited parts of the Louisiana Purchase, in the vicinity of New Orleans and St. Louis, acquired in 1803, were admitted as the State of Louisiana in 1812 and that of Missouri in 1821. Florida, which was acquired from Spain in 1821, became a State in 1845. Of the territory ceded by Mexico in 1848, California, which was then the only inhabited portion except New Mexico, was admitted in 1850. The vast domain north and south of the Chio, roamed over by Indians at the foundation of the national government, was divided into self-governing States as fast as white settlement permitted; Ohio, Indiana and Illinois becoming States in 1802, 1816 and 1818; and Mississippi and Alabama in 1817 and 1819.

New Mexico was acquired with California and the remainder of northern Mexico by occupation in 1846 and cession in 1848, and yet more than sixty years afterwards it was still struggling to obtain the fundamental right of a free people and still meeting opposition and defeat.

The struggle for Statehood began almost as soon as the American occupation. In the speeches and proclamations of Gov. Kearny language was used which aroused hope, if it did not give promise, of self-government. In the first address in front of the Palace, on August 19th, 1846, he announced the intention to "establish a civil government on a republican basis similar to those of our own States."

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In the formal proclamation of annexation issued three days later, appeared these words: "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."

By Article IX of the Treaty of Guadalupe Hidalgo it is provided that the people of the Territory annexed to the United States "shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States according to the principles of the Constitution."

The ratifications of the Treaty were exchanged at Queretero, May 30, 1848, and it was formally proclaimed at Washington on July 4, 1848, and at Santa Fe in August of that year.

By this re-establishment of peace the military rule in the newly acquired territory, together with the civil governments which had been set up by military authority in California and New Mexico, legally ceased to exist, but the practical conditions required some regular government to act until Congress should provide for the future; and the national administration took the ground that “the termination of the war left an existing government, a government de facto, in full operation; and this will continue, with the presumed consent of the people, until Congress shall provide for them a Territorial government." The advice of the President was that the people should "live peacably and quietly under the existing government for a few months" until Congress could act deliberately and wisely.

Hon. Thomas H. Benton, then in the height of his influence and power as Senator from Missouri, was greatly interested in the condition of the new domain, and especially of New Mexico; and in default of any representation of the acquired territory, in Congress, he cheerfully assumed the place of its protector and was looked up to by the body of the people as their best friend and their political guide. The view that he took of the situation was that

no congressional enabling act or other action by Congress was necessary, but that the people as American citizens had the right to frame and adopt a constitution, organize their local government, and then ask Congress to admit them into the Union and afford to them proper representation in both Houses of the national legislature. Under date of August 28th, 1848, he addressed an open letter to the people of California and New Mexico, in which he advised them "to meet in convention, provide for a cheap and simple government, and take care of yourselves until Congress can provide for you.”

Meanwhile, under the provisions of the Kearny Code, the first legislature of New Mexico had been elected, and had held its regular session, beginning on December 6th, 1847. The Council consisted of seven members elected by districts, with Antonio Sandoval of Bernalillo County as President; and the House of twenty-one members with W. Z. Angney as Speaker.

This legislature could do little but local business, as the Treaty of Peace with Mexico was not yet signed, but it has been rendered famous by the bold and excellent character of the Message delivered to the joint session by Gov. Donaciano Vigil, especially relative to public education. After lamenting that there was but one public school in the Territory, and that the funds were only sufficient for one teacher, he says: "It is evident that the means of obtaining an education are exceedingly limited and that the facilities should be greatly increased, that opportunities for learning should be given to all, to the poor as well as the rich, and if possible a school placed in every town and neighborhood of the Territory. If our government here is to be republican, if it is to be based upon democratic principles, and if the will of the majority is one day to be law of the land and the government of the people, it is most important for this will to be properly exercised. The people must be enlightened and instructed so that every man shall be able to read and inform himself of matters important to his country and his government. It is true that the available means which could be applied at

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present to the cause of education are small. But for the promotion of so desirable an object they should be both increased and economized. All that the legislature can do for the cause of education of the people is most earnestly pressed upon them, and to this object I give my hearty approval and co-operation."

Thus the first official utterance in New Mexican legislative halls was for education and progress.

CHAPTER II.

CONVENTION OF 1848.

The advice of Senator Benton was quickly followed. New Mexico was without any legal government since the Treaty of Guadalupe Hidalgo had ended the regime of military occupation, and the continuance of the de facto military authority was but a temporary make-shift justifiable by the peculiar conditions. The people were anxious for almost any form of government which would be regular in form and civil in character.

Under call from Gov. Vigil, a Convention was held at Santa Fe on Oct. 10th, 1848, and organized by the election of Antonio Jose Martinez of Taos (the celebrated Padre Martinez) as President, J. M. Giddings as Clerk, Henry Henrie as Interpreter, and Thomas White as doorkeeper. Gov. Vigil took an active part in the proceedings, although, perhaps from a strict regard for the proprieties of his position, he did not sign the Petition to Congress.

Francisco Sarracino, who had been Governor of New Mexico under the Mexican regime, in 1834, Governor Vigil, James Quinn and Juan Perea were appointed a committee to draft a memorial to Congress expressing the views of the Convention. They reported a form of Petition, which was unanimously adopted, which looked to the immediate establishment of a Territorial Government, entirely civil in its character, which then appeared the most feasible method of obtaining relief from military rule and some regular legal system, by act of Congress. This Petition contained the following paragraphs, together with others of less importance:

"We, the people of New Mexico, respectfully petition Congress for the speedy organization of a territorial civil government.

"We respectfully petition Congress to establish a government purely civil in its character.

"We respectfully, but firmly, protest against the dismem