In lieu of an abstract, here is a brief excerpt of the content:

SEVEN of September, 1871, a new governor arrived in Santa Fe to succeed William Pile. Marsh Giddings wasa prominent and active Republican, whose home state was Michigan. He had been a delegate to the conventions which nominated Abraham Lincoln and Ulysses S. Grant, and he claimed to have been a member of the group that drew up the first Republican platform ever presented to the American people. When Grant became President, he offered Giddings the post of consul general to India, which he declined. But the President's later unsolicited offer of the governorship of New Mexico wasaccepted.1 As he took over the reins of government in New Mexico, with the full support of the national administration, Giddings no doubt wasfull of confidence and cheerful goodwill toward his new fellow citizens in the territory . His first message to the legislature, delivered on December 7, 1871, was, according to the new governor's own testimony, exceedingly well received . The address was given the highest praise by all the papers in New Mexico without regard to party, and the people were astonished that their new chief executive could in so little time give so perfect and extended a history of New Mexico and its productions, resources, and everything connected with the territory. The legislators requested extra copies of the speech to send to Congress so that its valuable information could receive national exposure.2 The nonpartisan, enthusiastic reception given Governor Giddings seemed to augur well for the future of the territory. But before Giddings 95 The Constitution of 1872 NTHEFIRSTDAY O was even able to settle into the routines of his office, the calm surface erupted, and bitter factionalism once again became the dominant factor in New Mexico. On December 30,1871, a bill was presented in the territorial legislature that moved Chief Justice Joseph G. Palen from the important first district, in Santa Fe, to the remote and far less vital third district in Mesilla.3 The Chief Justice of the territory traditionally presided over the court in the capital city, yet this deliberately sought comedown for Palen was quicklypassed by both houses without being printed or referred to a committee, and without adequate discussion. The Daily Rocky Mountain News of Denver criticized the legislature 's action, stating that the legislators were responding to two decisions handed down by New Mexico's supreme court which were inimical to a large and powerful money interest. "This ring" was taking revenge by banishingJudge Palen to the southern district.4 There wascertainly much intrigue and maneuveringbehind the bold attempt to get rid of Palen. Governor Giddings felt that the judge was being attacked because he made no distinction between the rich and poor in his courts, and his judgments could not be bought. There were at this time several prominent citizens of Santa Fe under indictment, including A. P. Sullivan, the postmaster and editor of the Santa Fe Weekly Post, "indicted for some criminal act—under the charge of Judge Palen . . . ,"5 Henry Wetter, secretary of the territory, had also been charged with some wrongdoing, and Giddings believed he too was under indictment. Morever, several wealthy parties in Santa Fe had become bound under heavybonds for the performance of certain duties, and these parties desired a "more facile judge" as their cases were soon to be brought to trial. Justice D. B. Johnson of Mesilla , who would exchange places with Palen in Santa Fe, wasa "drinking debauchee . . . [ , ] too low to be respected" in the governor's opinion. This kind of man would present no problem to the indicted citizens of Santa Fe. The scheming against Palen was made easier by the jealousy felt toward Palen by other judges,such as ex-Chief Justice Kirby Benedict and John S. Watts, one of the original justices on the supreme court.6 Governor Giddings was determined to prevent what was, in his eyes, a blatant disregard for justice, and he promptly vetoed the bill moving Palen to Mesilla. This brought on "a terrible war"7 as Republican legislators , many of whom had voted with the Democrats to remove Palen, now stood by the Republican governor, while the Democrats fought to prevent a vote that would support Giddings' veto. The issue was finally voted upon, the veto being sustained by the House 12to 4, and this soangered the Democrats that they determined to seize control of both houses of the territorial legislature. In a power grab that began on January 5, 1872, the Democrats removed 96 NEW...

Share