New Mexico's Quest for Statehood, 1846-1912

IV. Becoming a Territory

FOUR framed a constitution, forthrightly denied the legitimacyof slavery in their domain, and, with equal boldness, defied the claims of Texas. Each of these actions was certainly open to serious challenge, but the immediate question was whether the state government created by the convention of 1850 and then ratified by a popular vote of morethan 8,000was legitimate, or merelyan exercisein self-government. Many people hoped that Colonel Munroe, the military commandant and civilgovernorof New Mexico, would follow the precedent set by General Riley of California, who voluntarily surrendered his civil authority and allowed the new civilian government to begin operating immediately. Riley, however, had promised to do this in his election proclamation1 before the convention, while Munroe was limited by his own election proclamation of May 28which required congressionalapprovalbeforethe state officials elected in June could legally function. In short, New Mexico's new state government would remain "inoperative" until Congress granted statehood. But congressionalaction would necessarilyinvolve slavery and the territorial demands of Texas, and the complexity of these issuesmade congressmen reluctant to deal with New Mexico. After the state legislature's election of Weightman and Cunningham in a spirited contest, the Weightman faction moved to consolidate itspower. The senatorial victoryencouraged them to attempt a removal of their opponents from those state offices under jurisdiction of the legislature. According to the Constitution of 1850 this included the judiciary. "The 41 Becoming a Territory EW MEXICANS HAD NOW N 42 NEW MEXICO'S QUEST FOR STATEHOOD Judges of the Supreme Court shall be appointed by the Governor, with the consent of both Houses of the Legislature in joint ballot . . . "2 In McCall's opinion, the move had reference "principally to the judiciary-— the principal object being to oust Houghton, against whom the whole of the leaders ofthe dominant party were at daggers drawn/'3 The courts had been established by the military under Kearny, and as Munroe had declared that the military-sponsored government would remain in full force until by the action of Congress another shall be substituted, the purge of officials was no small matter. In the absence of Governor Connelly, who was on business in the states,4 Alvarez became acting governor. After his inaugural address had been delivered on July 4,5 he began to apply pressure with "indecent haste,"6 nominating friends of the faction for judicial posts "without regard to capacity [,] character or principle . . . ." For seats on the high court he suggested Palmer J. Pillans, a former Texas attorney whom McCall contemptously called a small country-court lawyer;7 Francisco Tomas Baca, "a sensible well informed Mexican but with no knowledge of law"; Elias P. West, "an illiterate and presumptuous adventurer who has never been able to tarry long in any state [,] place or country"; and the highly controversial Diego Archuleta, whom McCall unequivocally labeled "the mover of the assassination of Gov. Bent in Taos and the excitation of the insurrection of 1847." McCall's bias was unmistakable, and yet one can justifiably assume that he reflected the attitudes and prejudices of many of the Anglo-Americansin New Mexico, particularly those associated with the old territorial party. Alvarez's appointments to executive offices such as secretary of state, comptroller, and state treasurer were regarded with similar distrust. Acting Governor Alvarez's actions had grave consequences. Most members of the Houghton faction soon withdrew from the legislature in anger. And, according to McCall, there was trouble even within the smaller group left. Some of the "most influential of the (Mexican) members, & probably the most sincere & best men among them declared that, they desired only the removal of two prefects &two or three Alcaldes who had made themselves obnoxious to their constituents . . . ." These insurgents , feeling that Alvarez had gone too far, threatened to leave the legislature and return to their homes. The disaffection was made known to McCall who urged the group of unhappy Hispano legislators to take their problem to the military governor, Colonel Munroe, where their objections would receive immediate attention and be promptly acted upon. But to McCall's chagrin, the rebel group backed off and stayed with the ruling Weightman faction. The prejudices of the observant colonel and federal emissary are revealed here. These legislators "like all Mexicans, easily turned [a]round in their opinions & feelings . . . [were] led by the nose, & used as tools" by the leaders of the Weightman faction. McCall also implied that, because of ignorance, the native leaders had even begun "to...