Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-02-28
THE KEARNEY CODE
How Civil Government Was Estab-
lished for New Mexico By Mill
tary Authorities,
STATUTES LONG IN FORCE
The Kearney Bill of Rights Still Retained
and Many Of the Statutes Are
Now In the Code Of Civil
Procedure.

In the last annual report of Governor
Otero to the secretary of the interior
occurs the following statement of how
Mexican laws were for thirty years su-
perseded in Arizona, New Mexico and
the southern half Of Colorado by a code
approved by military authority and en-
forced by officers, and judges appointed
by a brigadier general, for a term:
The organization Of civil government
in the territory u New Mexico was
unique. The organic act establishing
the territory was approved September
so, 1850; the ratification of the treaty of
peace between the United States and
Mexico was held May 80, 1S48, and proc
lamation thereof made July 4, 1848, just
fifty years earlier than the capture Of
Santiago. But W. years prior to that
time the United States government had
established through its military author
ity a complete code of civil laws for the
future territory Of New Mexico, which,
at that time, consisted of the present
territory, all of Arizona, and the south
ern half of Colorado. On the 22d day
Of September, 1916, Brig. Gen. 8. w.
Kearney, In command Of the army of
invasion. issued and proclaimed to the
people a bill Of rights" which is still
retained on the statutes unchanged. On
the same day he proclaimed "the Kear-
ney code" which vas re-enacted by the
legislature in 1856, and nearly all the
provisions Of which are still in force;
and on the same day, by virtue of his
authority Al brigadier general, he APP
pointed the following list Of civil off,
GERS: Charles Bent, to be governor; Do.
naciano Vigil, to be secretary; Richard
Dallam, to be marshal; Frank P. Blair,
to be United States district attorney;
Charles Blumner, to be treasurer; Eu-
gene Leitzendorfer, to be auditor of
public accounts; and Joab Houghton,
Antonio Jose Otero and Charles Beau
bian, to be judges Of the superior court.
In his letter transmitting to the adju-
tant general a copy of these laws and
list Of appointments, General Kearney
made the following statement:
II take great pleasure in stating that
l am entirely indebted for these laws to
Col. A. w. Doniphan, Of the list regi
ment of Missouri mounted volunteers,
who received much assistance from
Private Willard P. Hall, of his regi-
ment. These laws are taken, part from
the laws Of Mexico, retained as in the
original, a part with such notifications
as our laws and constitution made nee
essary; a part are from the laws of
Missouri territory, and a part from the
laws Of Texas, and also Of Texas and
Coahuila, a part from the statutes of
Missouri, and the remainder from the
CODE"
The first governor, Bent, was assassi-
the year after his appointment,
at the pueblo of Taos, during what Is
known as the "Taos rebellion" which
was suppressed with considerable loss
Of life by United States troops. out of
which rebellion arose q number Of
for treason. conducted by
Frank P. Blair, United States attorney.
The civil law and the Kearney code
remained the rules of civil action down
to 1876, when, by statute, the common
law Is recognized In the United States
of America" vas adopted. This was the !
law Of the land until the legislature of
1897 adopted a code of civil procedure.
The first legislative assembly of the !
territory of New Mexico assembled In
Santa Fee in December, 1S47. The laws
at that session were printed in
pamphlet, to which was added Order
No. TO-" from the headquarters Of the
ninth military department, imposing a
duty of 6 per centum on merchandise
Imported into the territory. The au-
of these laws is printed in
The same pamphlet, as follows:
Especial Order No. 81
Headquarters Ninth Military Depart
nent, Santa Fee, N. M, February s,
foregoing legislative enact
nents of the territory of New Mexico,
having been duly reviewed by the COM
handing general Of the territory, they
are hereby approved, and they will be
July observed. BY order of the briga-
1ier general, STERLING PRICE.
w. E. Prince, aid-de-camp and acting
assistant adjutant general.
A Unique Calender.