Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-03-05
THE KEARNEY CODE.
How Civil Government Was Estab-
lished for New Mexico.
STATUTES LONG IN FORCE,

In the last annual report Of Cover
nor OterO 10 the secretary of the inte-
rior occurs the following statement OF
how Mexican laws were for thirty
years superseded In Arizona, New
Mexico and tho southern half Of Colo
RADIO by a code approved by military
authority and enforced by officers and
judges appointed By a brigadier gen
eIvl, Tor a term.
The organization Of civil government
In the territory OF New Mexico was
unique. The organic act establishing
the territory was approved september
~. 1850. The ratification OF the treaty
OK peace between the United States
and Mexico was held May ~, lsiS. and
proclamation thereof made July 4. lS4S,
Just w years earlier Than the capture
Of Santiago. But W years prior ~
that time the United states govern
ment had established through It's mill
tary authority a complete code VI civil
laws Tor the future territory OF New
Mexico, which, at that time, consisted
OF the present territory, all of Arizona
and the southern a OF Colorado. On
the I'D day OF September, lS46, Brig.
Gen. ), W. kearney, In command VI
the army OF Invasion, Issued ana pro-
claimed " The people a bill OF rights"
which Is stiu retained on he statutes
unchanged. On the same day he pro-
claimed the kearney CODE" which
was re-enacted by he legislature In
1850, and nearly all he provisions vi
which are stu In force. and On the
same day, by virtue OF his authority
as sfigadler general, he appointed the
following list OF eiyn officers. Charles
Bent, " be governor; DOnaelanO Nlsh,
W be secretary; Richard Dallam, " be
marshal, Frank Il. Blair, W be United
states district attorney, Charles
Hummer, " be treasurer; Eugene
Leitzendorfer, ~ be auditor OF public
accounts, and JVa Houghton, Antonio
Jose OtcrO and Charles BeauDlan, 10
be judges Of the superior court. In his
letter transmitting ~ he adjutant
general a COPY OF these laws and list
OF appointments, General kearney
made tho following statement.
IL take great pleasure Ia stating
that 1 am entirely indebted for these
laws ~ Col A. w. Doniphan. OF the
First regiment OF Missouri mounted
volunteers, who received nue. assist
| aAAkt eNl "a = AA@AAg -
his regiment. These laws are taken,
part from the laws OF Mexico, re-
tained as In h original, "a part with
such notifications as our laws and
constitution made necessary, a part
are from the lava OF Missouri terri
tory, and n part from the laws OF Tex
as, and also of Texas and COahulla, "A
part from the statutes OF Missouri,
and the remainder from the Livingston
code"
The FIRST governor, Bent, was assas-
slnated the FIRST year after his appoint
ment, at the pueblo of Taos, during
what is known ~ the Taos rebellion
which was suppressed with consider
able loss OF life by United States
troops, out OF which rebellion arose a
number OF prosecutions for treason,
conducted by Frank II. Blair. United
States attorney.
The civil law and the Kearney code
remained the rules of civil action down
10 1876, when, by statute, the com
mon law as recognized In the United
States OF America was adopted. This
was the law of the and until the leg
lslature of 1897 adopted a code OF civil
procedure.
The first legislative assembly OF the
territory of New Mexico assembled in
Santa Fe In December. lS47. The laws
passed at that session were printed In
a pamphlet. to which was added or
der No. 10" from the headquarters OF
the ninth military department., inn
posing a duty of q per centum on mer-
chandise imported into the territory.
The authorization of these laws IL
printed in the same pamphlet as fol-
lows:
Especial order No. 81
Headquarters Ninth Military De-
partment, santa Fe, N. NJ, February
8, 1siS.-rhe foregoing legislative en-
actments OF the territory of New Mex
leo, having been duly reviewed by the
commanding general OF the territory,
they are hereby approved, and they
win be duly observed. BY order OF the
brigadier general.
STERLING PRICE.
w. Il. Prince, aid-de-camp and act
ing assistant general.
TO OURE A COLD In ONE DAY.