Santa Fe Republican/1847/12/11/Governor's Message

Governor's Message, Delivered to the Senate and House of Representatives
Gentlemen of the Legislative Council, and House of Representatives:

In assembling for the first time as a legislative body, chosen by the free and unbiased vote of the people, one of my duties, as imposed on me by the Constitution and laws under which we have lived the past year, is to inform the general assembly of the condition of the country and to recommend what measures may be deemed necessary for the internal government of the Territory. It becomes us, in thus assembling to exercise the functions of a free government, to return our sincere thanks for the prosperity attending the general abundance of our agricultural productions and the usual health of the people, but more especially does it become us to be thankful that whilst the two nations of which we compose a part are engaged in a bloody and unfortunate war, we are left to pursue the quiet occupations of life, and cultivate those pursuits which conduce only to our comfort. I regret that I cannot congratulate you upon the cessation of hostilities between the United States and Mexico. The restoration of peace is much to be desired by us as it will certainly exercise an important influence upon our prosperity and happiness.

Coming as you do, from all parts of the Territory, you are able to speak and judge of the operation of our new code of laws — to contrast them with the laws and administration of justice as previously in force in our country — to appreciate the manner in which crimes have been punished, property protected, and contracts enforced, and to appreciate the universal participation which every citizen enjoys in executing the laws throughout the country. Though the anomalous situation in which we find our Territory at present, that of exercising our civil rights at the same time that the country is held by military occupation necessarily produce some embarrassments in enjoying the fullest civil privileges.

In conducting your deliberations it will necessarily appear to you that many alterations and amendments should be made in our code of laws. They are now based upon the common law, and modeled after the codes of the different States composing the body of the North American Union, which are all republican in their organisation, have stood the test of a longer experience than any governments of this continent, and have always secured to their citizens internal tranquility, happiness and plenty. The rapid increase and prosperity of those States, their freedom from internal dissensions and revolutions, the strict protection afforded to the persons and prosperity of their citizens, all invite us to follow their example as far as can be done, and to build a code of laws and secure the administration of justice after models which have produced such favorable results and stood the test of so long an experience.

Some alterations are required in the law regulating the different courts and their jurisdiction, but more especially in regard to the courts of the Prefect. I would respectfully recommend that the duties and functions of the Prefect be accurately defined, and the manner of transacting business in that court be now particularly pointed out. The manner of taking appeals from the Alcaldes to the Prefect, and from the Prefect to the Circuit courts; that the accounts of the Prefects as disbursing officers of the funds of the different counties be made subject to the inspection of the grand juries or some competent tribunal; that punishments be imposed for all violations of duty in their offices upon indictments or proper presentation by the grand jury of their respective counties.

It will become the legislature to regulate, in some manner, the law of mortgages and deeds of trust. Such documents binding particular property for the security of debts are now known only to the two or more parties immediately concerned, and it leaves every opportunity and inducements to practice frauds upon those who may not know of the previous obligation or mortgage upon the property. I would suggest the passage of an act requiring all such obligations to be registered and recorded, and in that manner made known to all persons interested. — Such offices might be established in each county, and connected with the duties of the clerks or the Prefects. In considering the two subjects last mentioned, it will be necessary for the legislature to say how far the laws heretofore in force under the Mexican government and applicable to those subjects are now valid and in force; and indeed I further suggest that the legislature express more fully than is at present defined in Gen. Kearny's code, what laws heretofore in force under the Mexican government are to be esteemed valid and binding in our courts.

The different Indian Pueblos of the Territory require some legislation. These people live in separate towns, or collections, and entirely distinct from the other inhabitants of the country. They cultivate their lands and enjoy their property in common, and although they now possess all the rights and privileges of other citizens, their peculiar modes of life and long established customs seem to require a somewhat different legislation from the general population of the country. The old Spanish decrees many of which are still in force, regarded them with especial favor, and were framed to protect their rights almost as though they were minors, but designing and influential men have, in many cases, defrauded them of the lands adjoining their Pueblos and I would suggest whether their interests does not require some legislation; whether it would not be well to confer upon them the rights of Quasi Corporations, so that they might institute their complaints properly, and also defend themselves from the encroachment of others. Every encouragement should be held out to them by strictly protecting their rights to become an agricultural people, and quiet and enlightened citizens. Policy and humanity equally dictate this course.

Many complaints have been made to me in regard to the control now exercised over the different burial grounds attached to the towns and villages in the territory. Many persons complain, though the property is common, the Priests wish to control them entirely, and they frequently exact enormous sums from the poor for the privilege of burying their relatives. This requires from your body some legislation, and it would seem proper to me that each town or village should be permitted to control its own burying ground. That they should be permitted to enjoy this right in common, and each one be required to pay so much as may be necessary to keep the ground enclosed and in good order, and that the procuring of religious services for the dead be a separate and distinct matter, and left entirely optional with the friends and relatives of the deceased. I conceive that the new code of laws under which we are now living, are silent upon this subject and that it is not generally understood from the law, in what relation the people now stand towards their priests and ministers. The protection and encouragement of a pure and holy religion is always to be desired by all governments and all people, but how far it should be connected with the affairs of the civil government, and what protection it should receive from legislative enactments, I leave for your wisdom and temperate discussions to determine.

The city of Santa Fe, and perhaps some other of the large towns in the Territory, have heretofore enjoyed the privilege of separate corporations, with their internal affairs and policy regulated by Town Councils chosen from themselves. This law, at present seems obsolete or abolished, many of these towns, and the city of Santa Fe especially, owns property and lands, and have interests separate and distinct from those of their counties, these interests have for some time been controlled by the Prefects of their counties, whether advantageously for those interested in has not been my province to enquire or determine, it is a power, at least, liable both to inconvenience and abuse, and I recommend they have restored to them their Town Councils, composed of a certain number of citizens selected from themselves with a President to exercise the general duties and powers enjoyed by the Alcaldes. By our at present in force, the number of Alcaldes for each county cannot exceed four, the counties are many of them large, and four Alcaldes cannot be distributed in them so as to bring this administration of justice, and the settlement of small disputes within the convenient reach of every village or settlement, and that it produces much inconvenience to the people by compelling them to travel an unnecessary distance to settle their small and unimportant litigations as these offices are not salaried, and their duty composition consists in fees of office and costs of suit. I would recommend that the number be increased, say not to exceed seven in each county, or less as the convenience of the people might require.

During the past year many demands have been made upon the citizens of the Territory, especially in the Rio Abajo by the Nabajo tribe of Indians, this hostile and rapacious band have repeatedly made peace, but only for their temporary convenience, and have always broken their solemn engagements without any provocation from the inhabitants of this Territory. Almost entirely secure from pursuit in their mountain homes by reason of the insurmountable difficulties by troops going into their country, they have been able with impunity to dart into the settlements and before any force could be collected to oppose them, have committed serious damage to the settlements by driving off cattle and sheep, and occasionally have killed the inhabitants who were attempting to protect their property. It is much to be desired that some organization can be had by which their invasions can be checked until the government shall act in the matter and put an effectual stop to their audacity, by inflicting upon these Indians a summary chastisement.

I cannot close this communication, without commending to your most serious consideration a subject which seems to me of paramount importance both to our present and future welfare, and the importance of which must be apparent to all of you, I allude to the subject of Public Instruction; there is at present but one public school in the territory, which is located in the city of Santa Fe, and supported by the funds of this county. This school all children have permission to attend, but the funds of the county are not sufficient (defraying at the same time other necessary expenses) to employ more than one teacher, and only those children from a distance can profit by this school whose parents are able to spare their services from home and also support them in other families in the city. Where there are no private schools or academies, it must be evident, that the means of obtaining an education are exceedingly limited, and it is much to be desired that these 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 to place a school in every town, village, and neighborhood of the territory. If our government here is the be republican — if it is to be based upon democratic republican principles — and if the will of the majority is one day to be the law of the land and the government of the people, it is evident, for this will to be properly exercised, the people must be enlightened and instructed. And it is particularly important in a country where the right of suffrage is accorded, and secured to all, that all should be instructed, and that every man should be able to read to inform himself of the passing events of the day, and of the matters interesting to his country and his government. This is the age of improvement, both in government and society, and it more particularly becomes us, when commencing as it were a new order of things, to profit by and promote such improvements, and they can only be encouraged and promoted by diffusing knowledge and instruction among the people. The diffusion of knowledge breaks down antiquated prejudices and distinctions, introduces the people of all countries to a more intimate and attached acquaintance, and is calculated to cultivate those sympathies among the masses in all nations which induce comparison and insure improvement; by looking into the institutions of a free people those who do not enjoy the same blessing will instinctively feel that they possess rights and look until they learn to assert, appreciate and enjoy them, and it is a one by the diffusion of knowledge that a people are able to follow the example of those nations whose wise policy secures in the most prominent degree the happiness of their citizens. The world at large is advancing, and how can we profit by the advance unless the people are educated. It is true that the available means which could be applied at present to the cause of education are small, but for the promotion of so desirable an object, they might be both increased and economized. All that the legislature can do in the cause of education for the people is most earnestly pressed upon them and will meet with my hearty approval and co-operation.

The reports of the Auditor and Treasurer will be laid before you whenever called for, and their accounts, I presume, will be examined by you, or by committees from your body.

Many things, doubtless, I have omitted to recommend or speak of your good sense and experience will supply the deficiency, but if anything of importance should occur to me it can be made the subject of another message. Fortunately between your legislation is not confined to what recommendations I might suggest.

Finally, gentlemen: I hope all your deliberations be conducted in that spirit of harmony  feeling which is so well calculated to produce success, and that all your legislation will redound to the good of the country and the happiness of the people, promising, on my part, all the co-operation in my power to bestow.

DONACIANO VIGIL. Santa Fe, December 6, 1847.