LINCOLN ROOM UNIVERSITY OF ILLINOIS LIBRARY Digitized by the Internet Archive in 2012 with funding from University of Illinois Urbana-Champaign http://archive.org/details/kirbybenedictfroOOhunt Western Frontiersmen Series VIII Kirby Benedict From a tintype in the family album of the judge's grandniece, Cora Benedict Page of Kent, Connecticut. KIRBY BENEDICT Frontier Federal Judge An account oflegal and judicial development in the Southwest, 1 853-1 874, with special reference to the Indian, slavery, social and political affairs, journalism, and a chapter on circuit riding with Abraham Lincoln in Illinois by Aurora Hunt Author of The Army of the Pacific, and James H. Carleton, Frontier Dragoon THE ARTHUR H. CLARK COMPANY Glendale, California 1961 COPYRIGHT © 196 1, BY THE ARTHUR H. CLARK COMPANY All rights reserved, including the right to translate or reproduce this volume or parts thereof in any form or by any media LIBRARY OF CONGRESS CATALOG CARD NUMBER 61-7175 V L\*e o\ r\ ** Contents Preface n The Young Barrister 15 A Fledgling Politician 25 Circuit Riders in Illinois 33 A Federal Judge in New Mexico .... 49 Chief Justice 69 Due Process of Law in the Indian Pueblos . . 89 Peonage and Slavery 107 The Supreme Court Decisions of Judge Benedict . 121 Revision and Codification of New Mexico Laws . 129 Washington Correspondence 133 Civic and Social Affairs 173 Loss of Office and Prestige 183 New Ventures Follow Disbarment .... 191 The Judge Becomes a Journalist .... 207 Before the Tribunals of Man and God . . . 221 Appendix: Benedict's Supreme Court Decisions . 235 Bibliography 247 Index 259 Illustrations Portrait of Kirby Benedict .... Frontispiece Saint Andrews Episcopal Church, Kent, Connecticut 19 Courthouse at Paris, Illinois The Stolen Portrait of San Jose Land Grant to Acoma Pueblo, 1689 Air-view of Acoma Pueblo . View in Pueblo Acoma Laguna Pueblo Letter to Lincoln, June 2, 1861 Burro Loads of Wood . Bird's-eye View of Santa Fe Masthead of the New Mexico Union Map of New Mexico Territory, 1855 37 95 96 97 97 98 147 148 197 215 257 Preface The blossom cannot tell what becomes of its perfume and no man can tell what becomes of his influence that rolls away from him on its mission. The onward sweep of time rapidly winds the shroud of oblivion around most of our frontier lawyers so it becomes a duty to preserve their names and deeds for posterity. No class of men was more influential than the lawyers when the United States acquired possession of New Mexico. They were by no means a common order of men either in character or public service. Thus wrote Kirby Benedict while editor and propri- etor of the Santa Fe Weekly Union in 1873. Previously he lived in Illinois where he served as probate judge of Macon County, and was a member of the house of representatives of the state legislature. As a practicing attorney he rode the Eighth Judicial Circuit with young Abraham Lincoln, Stephen A. Douglas, David Davis, and other prominent lawyers. While in New Mexico he held the office of United States associate justice for one term and chief justice for two terms. In his Concord carriage he traveled hundreds of miles between the county courthouses to weigh the evidence presented, explain the difference between the laws of Mexico and the United States, carefully instruct the jurors, and insist upon correct translation from English and Spanish. Then when the verdict was rendered, he pronounced sentence accord- 12 KIRBY BENEDICT: FRONTIER JUDGE ing to the laws in force at that period although his New England conscience may have revolted against some of them. Many of the old district court records have been destroyed by fire; some have been misplaced but there may be others that eventually will be discovered. Those still extant are deposited in the archives of the various county courthouses but each county does not always possess its own records. They are reposing on some top shelf or in the basement of a neighboring county court- house. However, enough remain to portray the services of these early lawyers, especially Kirby Benedict who was a descendant of one of the early colonial families. Across the nation, from Connecticut to California is a multitude of persons, too numerous to name individ- ually, to whom I am greatly indebted for research assistance on this work. To them I extend my sincere thanks. Judge Benedict's grandniece, Mrs. Cora Benedict Page, and Miss Elizabeth Hopson, both of Kent, Connecticut, have been able to furnish details about the Benedict family. Translations of Spanish documents and papers have been made by Peter Ortega, B. J. Whitten, and H. B. Moxley. The National Archives, Washington, has furnished microfilms of over three hundred pages of manuscript documents. For the Illinois period of Kirby Benedict's life, much help has been rendered by persons at the Chicago His- torical Society, Illinois State Historical Library, public libraries at Decatur and Tuscola, the Masonic Grand Lodge, and Prairie Lodge no. 77 at Paris, Illinois, the PREFACE 13 office of the Illinois Supreme Court, and Russell J. Crossman of the Tuscola National Bank. The public library at Sunbury, Ohio, and D. C. Hoover of the Sunbury Savings and Loan Company have helpfully contributed, as has Mr. Paul Downing of New York, who supplied information about Judge Benedict's Concord coach. In New Mexico special commendation is due, for help and hospitable cooperation, to the staffs and per- sonnel of the Museum of New Mexico, the State Law Library, The Kit Carson House, Masonic Grand Lodge at Albuquerque, and Montezuma Lodge no. 1, the University of New Mexico Library, Las Cruces Public Library, the district courts of the counties of Santa Fe, Valencia, and Dona Ana, and to the office of the State Corporation Commissioner. Judge Luis Armijo of Las Vegas, and Jennie Avery of Santa Fe provided valuable assistance. Helpful aid was given by those at the Arizona Pioneers' Historical Society, the Arizona Department of Library and Archives, and the Fisk Public Library of Natchez, Mississippi. It is difficult to express adequate appreciation for continued assistance from the staffs of the Huntington Library, the Public Library and the County Law Library of Los Angeles, the Bancroft Library, and Whittier College Library. And lastly I highly commend and sincerely appre- ciate the many hours of efficient work by my secretary, Miss Mary Thibadeau, and the help of Helen E. Moore, reader and critic. The Young Barrister Kirby Benedict, associate of Abraham Lincoln in Illinois and later federal judge in New Mexico, was born in Kent, Connecticut, on November 23, 18 10. He was the youngest of eight children of John and Chloe Benedict. 1 His boyhood passed uneventfully in the quiet village on the banks of the Housatonic. There were fish to be caught in the river as it rippled its summer waters and winter cataracts through the valley that lay green and serene between the bordering hills. Chestnuts ripened in the fall when the maple trees flashed their splendor and Mount Algo offered her gentle slopes for young legs to climb. The elementary schools of Kent provided ample opportunities for young Kirby as they were in session nearly the entire year. Male instructors were employed during the winter, but in the summer the women as- sumed that duty while the men harvested the wheat, rye, Indian corn, flax, and buckwheat or repaired the chestnut rail fences and the bridges that had been damaged by the winter storms. Among the early remembrances of Kirby, was the arrival of long-awaited letters from his oldest brother Benjamin and sister Maria who had joined the Con- 1 Benjamin, born in 1790; Stephen, 1792; John, 1795; Delilah, 1799; Maria, 1800; Grandison, 1804; Germon, 1806; and Kirby, 1810. 16 KIRBY BENEDICT: FRONTIER JUDGE necticut pioneers in the great western surge to the old Northwest. Benjamin was twenty years older than Kirby and by the year 1822, he was married and owned land near Delaware, Ohio. The migration of the first Benedict family began generations previous in France. Subsequent moves were to Germany, Holland, and England. Thomas, 2 the progenitor of the family in America, was born in Not- tingham, England, in 1617 and when he reached his twenty-first birthday, he sailed for America. Soon after the arrival of Thomas Benedict in the American colonies, he married his stepsister, Mary Bridgham, who came on the same ship with him. They became the parents of five sons and four daughters. All were born on Long Island which was at that time claimed by the Dutch. Later the Benedict family mi- grated to Connecticut where some of their descendants still reside. During the first century in the colonies, the members of the Benedict family engaged in agriculture but in the succeeding years their names are found in the early records as ministers and lawyers. The first lawyer to bear the name Benedict was Thaddeus of Redding, Connecticut. Another, Noah Benedict, graduated from Yale College in 1788 and practiced in Litchfield which was a short distance from Kent. 3 Although Litchfield was then an isolated town with access only on horseback, or over rough roads by stage, it was the site of the first law school in the American colonies. Judge Tappan Reeve from Princetown estab- 2 Genealogy and Family History of State of Connecticut, ed. Wm. R. Cutter and staff, pp. 489-492. 3 Henry M. Benedict, Genealogy of the Benedict Family in America, pp. 256, 272. THE YOUNG BARRISTER ij_ lished this famous school and the names of many noted lawyers may be found in the register of students, 1789- i8 3 3- 4 One of the first lawyers of Kent was Barzillai Slos- son 5 who was born there December 27, 1769. He graduated from Yale College in 1791 but instead of attending the Litchfield Law School, he chose to read law under Cotton Smith. After completing his study he opened an office in Kent. The United States Census of 1790 reveals that, although the population of Connecticut was only some two hundred thirty-eight thousand, there were 120 lawyers. What influence the proximity of the law school and the lawyer of Kent had on Kirby Benedict may be judged by his experience in the years that followed. When he was twenty-one, he began his westward journey to Ohio. Perhaps his widowed mother accom- panied him as she spent the last years of her life with her daughter Maria (Mrs. James Crawford) near Delaware, Ohio. 6 That state received emigrants from Connecticut as early as 1803, but settlement was re- tarded by the War of 18 12 and the hostility of the In- dians. Furthermore, the sale of public lands fluctuated as the national economy rose or declined. Speculation and panic did not affect the thrifty settlers 7 from 4 Samuel H. Fisher, The Litchfield Law School, 1775-1833. 5 Mabel Seymour, "Barzillai Slosson, Lawyer of Kent," Connecticut Tercentenary, no. 47. 6 John Benedict, father of Kirby, died Dec. 14, 1830; Chloe Benedict, his wife, is buried in the oldest section of Berkshire Cemetery, near Berkshire, Delaware County, Ohio, on the south side of U.S. route 36, three miles west of Sunbury. She is buried in the same plot with her daughter Maria Benedict Crawford. 7 Lois K. M. Rosenbury, "Migration from Connecticut after 1800," Con- necticut Tercentenary, nos. 28, 54. 18 KIRBY BENEDICT: FRONTIER JUDGE Connecticut materially, as numbered among them were prosperous farmers, millers, merchants, and lawyers. Kirby Benedict had not gone west to acquire land but to fulfill a latent desire to become a lawyer. He did not remain long in Ohio and soon was steamboating down the Mississippi to Natchez to study under the eminent lawyer, John Anthony Quitman. There were two hundred thirty-one steamboats on the river at that time. One of them, the side-wheeler "Arab," 8 was owned by Albert D. Benedict who belonged to another branch of the Benedict family. John Anthony Quitman 9 had studied law under Henry Brush of Chillicothe and later moved to Del- aware, Ohio. It is quite probable that Quitman met Benjamin Benedict who may have influenced his younger brother, Kirby, to study under this lawyer. Quitman was licensed to practice law in Ohio on December 4, 1821, but soon left the state to enter the office of William B. Griffith in Natchez. There he began his career as lawyer, state legislator, congress- man, Mexican War hero, and eventually filibuster. Under the tutelage of lawyer Quitman, a man of talent and volatile temperament, Kirby Benedict began the study of law as well as the French and Spanish languages. 10 Twenty years later, when appointed fed- eral judge in New Mexico, his knowledge of Spanish was an important asset. 8 Deed Records of Adams County, Natchez, Miss. Book u, (July 3, 1833), p. 206. William M. Lytle, "Merchant Steam Vessels of the United States, 1807-1868," Steamboat Hist. Soc. of Amer. Pub., no. 6. The "Arab" was built in Cincinnati 1831. 9 J. F. H. Clairborne, Life and Correspondence of John Anthony Quitman, vol. 1; Harnett T. Kane, Natchez on the Mississippi, 220-235. Quitman was owner of Monmouth Plantation. 10 John W. Smith, History of Macon County. K CT- c B CJ > er 8 H w -2 o o" > X s c c <* 7Z 5; D p- c/: re -n O n ? w p+ t ~. ' ft 0" c X n y: 5 n ^ •a re - •ts hi ' K ► o re r 1 BT f) ' l/a re c a_ y — PC r5 = n c 7: n «"» c CJ •» Br 2 5' 5! 9 Q. 7: oo 3 CO 13 8 en H 1>J =3 _►., ** ON n c c n cc ** z pa 2 Z 0* z re ^ w **. ~ n ■ ~ > n 7q C c THE YOUNG BARRISTER 21 Between Natchez and his own home on the Housa- tonic in Connecticut, there was a marked difference. The contrast was not only between the climate of north and south but in the entire social structure. The Mason and Dixon Line already had been designated, and South Carolina had passed her Nullification Act. On the bluff overlooking the Mississippi were the mansions of the wealthy planters. Here luxuriant gar- dens were cultivated by their slaves; in his Connecticut garden young Kirby had pulled the weeds. Even the reverberating sounds were strange. Negro mammies sang soft lullabies to little children while intermingled with the whistle of the steamboats was the lusty "Roust- about" song of the river men. Ducks play cards and chicken drink wine; And de monkey grow on de grape vine ; Corn starch pudding and tapioca pie, Oh ! de gray cat pick out de black cat's eye. 11 Underlying the plaintive harmony of the negroes, Kirby sensed the plight of the captives. Seared so deep in his memory were the scenes that he never forgot and became the champion of freedom for the slaves when the great struggle began. He was admitted to the bar in Mississippi but since the early records have not been preserved, the exact date cannot be determined. It did precede October 23, 1834, when he married Charlotte Curtis of Delaware County, Ohio. Her parents, Carlos and Mary Curtis, had migrated from Connecticut when Charlotte was but one year old. After living near Delaware City for 11 Herbert and Edward Quick, Mississippi Steamboatin', 247. 22 KIRBY BENEDICT: FRONTIER JUDGE almost a quarter of a century, the Curtis family moved to Round Prairie near Springfield, Illinois. 12 Kirby and Charlotte, the bride and groom, also sought a new location; not a farm, but a frontier town where a young and ambitious lawyer could prosper. They first settled in Sangamon County then moved to Decatur, Macon County, in March 1836. The future prospects of Decatur were encouraging. Illinois had inaugurated an extravagant program of "internal improvement" that year and Decatur was selected as the site for the junction of the Northern Cross and Illinois Central railroads. Speculation was rampant for a few years. Macon County was established by an act of the Illinois legislature, approved on January 19, 1829. A twenty-acre tract of prairie with no inhabitants, houses, or even a footpath, was named Decatur and made the county seat. By the end of the first year, a few log houses, a store, tavern, and courthouse were built. This first one and a half story log courthouse was twenty feet square and contained a large fireplace. The roughly-hewn logs were notched, chinked with con- crete, and laid on a stone foundation. John Hanks, the cousin of Abraham Lincoln's mother, received the sum of $9.87 for "chinking and daubing" the building. The first term of the court was held May 6, 1830. During this springtime, twenty-one year old Abraham Lincoln with his family drove through the village and settled on the Sangamon River a few miles west. 13 12 William E. Nelson, "Dr. Ira Curtis," ///. Hist. Soc, Jour. vol. v, (Oct., 19 12). U.S. Census. III., 1850 (Microfilm Los Angeles Public Library). 13 Mabel E. Richmond, Centennial History of Decatur and Macon County, III, pp. 76, 141, 147. THE YOUNG BARRISTER 23 The rude courthouse was seven years old when Kirby Benedict was admitted to the Illinois Bar, September 5, 1837. One year previous, September 9, 1836, another young lawyer, Abraham Lincoln, received his license. 14 The two young barristers soon met when they rode the Eighth Judicial Circuit and a lifelong friendship de- veloped. Sometimes they defended the same client but on other occasions, argued against each other. Benedict was the second resident lawyer to open an office in Decatur. Jerome Rinaldo Gorin was his part- ner. The same year that Benedict was admitted to the bar, he accepted the office of probate judge of Macon County and held that office for six years. He was also president of the Decatur Board of Trustees and it was his duty to help solve some of the problems of that ten-year-old prairie town. Gleanings from the early district court records yield scant information. The reasons are varied. One is that at the fourteenth session of the legislature, on February 21, 1845, an act was passed which provided that the clerks of the district courts no longer would be required to make complete records unless specifically ordered by the court and then only if paid for by the litigants. The passing of more than a century obscures the many other causes for the loss of these valuable papers. The records of the supreme court are extant. The publicity accorded Lincoln's activities on the judicial circuit has overshadowed those of his con- temporaries. Yet by careful scrutiny, fragments of information may be pieced together to provide an inkling of the attorneys who rode the circuit with him. 14 Records of the Illinois Supreme Court, Springfield, 111. 24 KIRBY BENEDICT: FRONTIER JUDGE On one occasion, Abraham Lincoln, Stephen A. Douglas, and Kirby Benedict together, defended Spencer Turner who had been indicted for murder May 22, 1840, in the district court at Clinton, DeWitt County. 15 David B. Campbell and Wells Colton rep- resented the state. Turner was charged, "for not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil." He had attacked Matthew K. Martin with a stick of wood and inflicted a mortal wound on his right temple. Lincoln entered a plea of not guilty to the indictment and with the assistance of Douglas and Benedict convinced the jury of Turner's innocence. How these early lawyers eked out a living is almost incomprehensible. The chief justice received an annual salary of $1,000, a circuit attorney $250. The fees of the probate justices were exceedingly meager. For admin- istering an oath, twelve and a half cents was charged ; for swearing a jury, twenty-five cents; examining in- ventories and bills of sales, fifty cents; and for issuing letters of guardianship and recording same, one dollar. For Benedict, there was promise of extra income soon. 15 De Witt County was organized 1849 with the county seat at Clinton and was included in the Eighth Judicial District. This was Lincoln's first case in Clinton. A Fledgling Politician The spring of 1844 brought more than the resurgence of verdure to the prairie of Macon County. The elec- tion of members of the state legislature was scheduled for midsummer. Candidates of the Whigs and the Locofoco 1 political parties challenged their opponents in public meetings where taxes, the tariff, and internal improvements were debated. Kirby Benedict was a Locofoco candidate to repre- sent Macon and Piatt Counties in the house. At De- catur, on March 16, 1844, he engaged in a debate on the tariff with E. O. Smith, a Whig. Benedict assailed the tariff while Smith defended it. A letter to the editor of the Sangamon Journal, 2 reveals the opinion of one correspondent who was present at the meeting. He asserted that, although the friends of Benedict considered him one of the ablest and most talented attorneys in Illinois, such a failure to convince an audience never before had been wit- nessed ; and that instead of logical argument, the judge resorted to facial contortions and epithets. The other 1 Diet, of Amer. Hist., in, (1940), 292. Locofoco was a term applied to the National Democratic Party from the year 1837 until i860. The name orig- inated during a meeting of the Democrats in Tammany Hall, on Oct. 29, 1835, when the radical Democrats gained control of the city caucus by light- ing candles with locofoco matches after the conservatives had endeavored to break up the meeting by turning off the gas lights. The National Republican Party was then designated the Whigs. 2 Sangamon Journal, March 8, 1844. Ibid., Aug. 15, 1844, election returns. 26 KIRBY BENEDICT: FRONTIER JUDGE candidate, farmer Smith, marshalled a strong array of facts to support his statements. The debate commenced at eleven in the morning and continued until ten in the evening. In spite of the opinions expressed in the Journal, Benedict won the election and served for one term. When the House was organized, Kirby Benedict was assigned to the judicial committee which consisted of eight members. 3 He was also a member of the com- mittee to escort Governor Thomas Ford to the joint session of the legislature which had been convened to hear his message. 4 In order to guide the legislators in their delibera- tions, the governor described the conditions that had existed during the past two years. The crops had not been as abundant on account of disastrous floods. Forty pounds of butter at from five to eight cents a pound would only pay for eight yards of calico to dress the wife of the farmer; ten bushels of corn would scarcely outweigh the value of eight pounds of sugar; and a hog had to be a large one to liquidate the price of a pair of boots. His message contained recommendations for more schools, a special report on the Mormon crisis in Han- cock County, and a plea for immediate revision of the laws. No adequate change had been made for twelve years although the previous legislature had repealed forty-seven laws and revived seven. When the laws were first enacted, the state was a 3 Judicial Committee: Kirby Benedict, Richard Yates, Julius Manning, Stephen T. Logan, E. S. Janny, H. P. Boyakin, Peter Lott, N. D. Strong. *Jour. of the House of Representatives, III., 1844.-1845, Jan. 2, 1845. A FLEDGLING POLITICIAN 27 wilderness and the hardy pioneers found rifle and strong arm more efficient protection than the law. They had little time for legislation as they contended with the untried soil and climate. Yet under circumstances so disadvantageous, the laws passed reflect the sagacity and legal ability of those who framed them. The legislature adopted a resolution containing the provision that revision of the laws be under the super- vision of a committee composed of members of both houses. Governor Ford appointed Mason Brayer, 5 per- sonally to make the necessary revisions and submit them to the legislative committee for approval. Those who were appointed to serve on the committee were Senator David Davis from McLean County, Richard Yates, and Kirby Benedict from the House, together with thirteen others. This experience was of benefit to Kirby Benedict twenty years later when he was appointed as a member of a committee to revise and codify the laws of New Mexico. Kirby Benedict supported the governor in his econ- omy drive. At a public meeting in Decatur, his con- stituents adopted resolutions objecting to an increase of taxation for any purpose whatsoever; that there should not be the appropriation of another dollar for the com- pletion of the Illinois-Michigan Canal unless retrench- ments were made; and that a fifty per cent reduction be made in the salaries of all state officers. The members of the House then received $3.00 a day and an extra 5 Mason Brayer, 1813-1895; admitted to New York bar; editor Buffalo Bulletin, Louisville Advertiser, and Illinois Journal; practiced law in 111. 1842; held a special commission from Governor Ford to settle the differences between the Mormons at Nauvoo and their hostile neighbors; served in the Civil War. 28 KIRBY BENEDICT: FRONTIER JUDGE allowance for travel exceeding twenty miles. These resolutions were duly presented to the House by Ben- edict and referred to the committee on finance. The previous legislature had reduced the state ex- penditures by repealing the act which provided for the payment of bounties for wolf scalps. During the years 1 840- 1 842, the sum paid by the treasury amounted to $12,037. The next two years the wolf hunters received only $4,057.50. This was not enough to relieve the shortage in the treasury. The cattle men and farmers objected to the repeal of this measure. As a result of successful lobbying, the legislature enacted a new Wolf Scalp Bounty Law by which a certificate would be issued for a scalp provided that the ears were attached and that it was presented within ninety days after the wolf was killed. Further- more, an oath was required. The law provided that the certificates would be accepted in payment of taxes. As representative from Macon and Piatt Counties, Benedict introduced a petition from the citizens to declare the Sangamon River navigable and to provide for its improvement. For the benefit of the entire state, he introduced a resolution that the members of Con- gress, "be instructed and urged at all suitable times and in all judicious modes, the propriety of granting the state of Illinois each alternate section of land for six miles on each side of the Northern Cross Railroad." Elementary schools and colleges received much attention during this session of the legislature. At that period the schools of higher education were classified as seminaries or academies which were privately owned and incorporated by legislative acts. While Benedict A FLEDGLING POLITICIAN 29 served in the House, thirteen schools were incorporated and the charter of Rush Medical College 6 amended. To encourage the education of the youth of Illinois, schools, churches and their camp grounds were exempt from taxation. Road building was an important item on the legisla- tive agenda. The labor problem was solved by the enactment of the Road Labor Law which provided that every able-bodied man between the ages of twenty- one and fifty years should contribute not more than two days work or less than one to building state roads. Many of the privately-owned roads were constructed of planks and financed by tolls. Before the roads could be built or operated, it was necessary to obtain a charter from the legislature. The acts of incorporation carefully specified the amount of toll for various distances for man or beast. Toll gates were stationed at five mile intervals. A man on horseback could travel five miles for two cents; if he drove a one-horse wagon or buggy, the price was eight cents; if two horses, ten cents; four horses, twelve and a half cents; droves of horses were charged one cent a head; and hogs, goats and sheep, one-fourth cent. The price was doubled for ten miles. When the snow fell, sleighs were permitted to glide along at half price. These "Plank Road Companies" were incorporated for a period of twenty years or more. The capital stock ranged from $200,000 to $500,000 and shares were priced at $25 each. The most controversial issue before the legislature was the repeal of the charter of the Mormon city of 6 Rush Medical College incorporated 1837; fi rs * graduating class 1848. 3Q KIRBY BENEDICT: FRONTIER JUDGE Nauvoo, Hancock County. In the spring of 1844, Joseph Smith, the Mormon prophet, and his brother Hyrum were murdered as a result of a riot. Although the citizens abhorred such violence, they did not con- done some of the practices of the Mormons. When the measure was introduced into the House, Kirby Ben- edict was most vociferous in his denunciation of that religious sect. He frequently made the headlines in the local news- papers. The Republican, under date of January 18, 1845, published a lengthy article about the controversy. A. W. Babbitt, who represented Hancock County, 7 argued in defense of the Mormon charter in accord- ance with written instructions from Mormon leaders. 8 When he had finished speaking, Benedict obtained the floor and occupied it until after candle lighting and the adjournment of the House. The news correspondent said that Benedict made one of the most forcible, withering, and convincing speeches that had been given during the entire session. He boldly claimed that he was in favor of the unconditional repeal of the charter on account of the flagrant abuses that had been perpe- trated by the Mormons and which had been satisfac- torily disclosed in the report of the commission on banks and corporations. He denied that he was gov- erned by religious intolerance in his opposition to the charter but wished to prove that the leaders had selected the "cloak of religion" as a shield by which 7 Hancock County had a population of 9,946 in 1840 and was allowed two representatives, A. W. Babbitt and J. B. Backentos. 8 Private letter of Sarah W. Davis to her father, William P. Walker, January 28, 1845. David Davis mms, Chicago Hist. Soc. Benedict copied the Mormon instructions for the amusement of his friends. A FLEDGLING POLITICIAN 3£ they more successfully could serve the devil and plunder the deluded masses over which they exercised un- limited control. The speech was so well received that it brought applause from those in the gallery, which would have been repeated if the speaker had not warned that he would direct the sergeant-at-arms to clear the gallery. Benedict declared that no man was more strongly wedded to his party and its principles than he. Yet he would prefer defeat rather than see his party cringe to the Mormons who held unheard-of powers in a free government. An entire week was spent in arguing the Mormon question. The charter was repealed by a vote of 76 to 36." This speech was Benedict's political "swan song." It was proposed that he be a candidate from the Locofoco party for lieutenant governor in 1846. He failed to receive the nomination as it was quite evident that the Mormons would not vote for him. 10 9 Jour, of the House of Representatives, III. 1844-1845. 10 Sangamon Journal, Feb. 26, 1846. Circuit Riders in Illinois Through the dust and heat of summer and the rain and mud of winter, the attorneys jogged along in horse and buggy or on horseback over the many miles of the Eighth Judicial District. Three months were required to visit the county seats of the fourteen counties. Twice a year they made the journey. Some of the cities were seventy miles apart but the average was approximately thirty miles. 1 In their letters to their families, these pioneer at- torneys have bequeathed an illuminating picture of their faithful services. A few excerpts from the letters of Judge David Davis reflect the light and shadow of that picture : 2 During the rainy days at Shelbyville, I read one novel called the Polish Orphan, a very old book which interested me greatly. The balance of the time, Judge Treat, Benedict, Thornton, and myself played whist to pass away the time. We thought that the rain would cease by Sunday morning and waited until then 1 County seats, of the Eighth Judicial District of 111.: Metamora, Pekin, Bloomington, Springfield, Mount Pulaski, Clinton, Taylorville, Decatur, Monticello, Urbana, Shelbyville, Sullivan, Danville, and Paris. 2 David Davis mms, Chicago Hist. Soc. Davis from Decatur to his wife in Bloomington, Oct. 27, 1847. David Davis 1815-1886. Studied law at Yale Univ.; arrived in Bloom- ington 1836; practiced law until 1844; member State Legislature, 1844; State Constitutional Committee, 1847; judge of Eighth Judicial District 111. 1848- 1861; Lincoln appointed him to U.S. Supreme Court in 1862. In 1877 resigned as justice and elected U.S. Senator from 111.; Pres. pro tem of Senate, 1881- 1883. 34 KIRBY BENEDICT: FRONTIER JUDGE before going to Moultrie twenty miles distant; but it rained Sunday morning and we rode through the rain all day. Sullivan, the county seat of Moultrie County, is a new place, not any better than Clinton. The discomforts of travel during the spring term of court were equally annoying. The weather was hot and the horses suffered exceedingly. Benedict rode with Davis from Monticello to Urbana then to Danville. They made the journey from town to town in one day. 3 A month later Davis writes to his wife in Bloomington : I left Decatur last Sunday morning with Benedict in my buggy m ^e rain and over a blind road and poor country to Taylorville, which is a new place but prettily laid out and taste- fully arranged with trees and shrubs. We came to Springfield Tuesday evening over a good road and tomorrow I wend my way to Bloomington. 4 The year 1 849 was a restless year in the United States. Two major events had occurred ; the acquisition of the vast territory to the West by the treaty with Mexico and the spreading of the news of the discovery of gold in California. Kirby Benedict took stock of the years he and Charlotte had lived in the prairie town of Decatur. The high expectations for the vast internal improvements had not materialized. There were then only a few more than 3,000 people in the entire Macon County. In a letter to Judge Davis, Benedict writes : . . . Now, Davis, suppose I tell you that I should like, if circumstances are favorable, to go to California, not to dig out much gold, but to practice law permanently. Had I enough money at my command for such an enterprise, I surely would go. . . *lbid. Danville, May 7, 1848. 4 Ibid. Springfield, June 9, 1848. CIRCUIT RIDERS IN ILLINOIS 35 A second letter is a reply to one from Judge Davis: Yours of last week came to hand and allow me to thank you for the expression of good wishes . . . and for your offer of pecuniary aid should a contingency occur requiring it. As to California, I have no idea of going this coming season, if ever. My spirit of adventure is not sufficiently active to run me headlong upon any enterprise with the view of wealth. I do believe, however, that I would gather gold in California prac- ticing law after the establishment of civil government, the laws, courts, etc. Every other good connected with the profession can be more permanently secured this side of the Sierra. My view is on touring much. I intend, after the spring courts are over, to go and see how matters look. I am surely deter- mined to leave this location. There is hardly anything to do here that cannot be done elsewhere. . . I am confident in my apparent destiny. I hope to arrange all my affairs so that I will be able, pecuniarily, to move from here without drawing upon the kindness of others for funds. If, however, I shall find myself cramped so as to need tem- porary aid, I shall confidently let you know. I may want a few dollars for a short time and if so, I shall feel no hesitation in addressing your kindness and generosity. I shall, I trust, have my business so arranged so as not to tax my friends for any special assistance beyond a temporary loan of a few dollars which I should see the way to promptly return. 5 Benedict concludes his letter by naming those who had sold their property and were fitting out for the gold country. Kirby Benedict's friends by this time, had won dis- tinction and been elected to public offices. Stephen A. Douglas was serving in the United States Senate; Abraham Lincoln and Edward D. Baker were mem- bers of the House of Representatives from Illinois. 5 Ibid. Benedict to Davis, Decatur, Feb. 19, 26, 1849. 36 KIRBY BENEDICT: FRONTIER JUDGE Although Benedict had served one term in the Illinois state legislature, his political career appeared to have ended. The success of his friends may have influenced his decision to move to Paris, Edgar County, where the population was almost four times greater than Macon County, and besides, his old friend Charles Emerson 6 had left Decatur for Paris. He may have been influenced by his family also. The parents of his wife, Charlotte, had moved to Coles County near Oakland, a short distance from Paris. Kirby and Charlotte were then the parents of one daughter, Worthena Ceorda, who was born in 1848. Benedict reached Paris, on November 22, 1849, to investigate the possibilities of moving his family there and opening a law office. In his letter to Judge Davis 7 he said that all the circumstances seemed favorable except locating a suitable house for the winter. He made arrangements to board at Mr. Earnest's who would provide a very good room for his family. He would share an office with Mr. Miller, the clerk of the court. Benedict then returned to Decatur to make arrangements to move to Paris as soon as possible. When he reached home, Charlotte told him that a letter from Kent, Connecticut, announced the death of his brother, John. Less than six months after he moved to Paris, he was initiated into Prairie Lodge no. 77, A.F.A.M. on Feb- 6 History of Macon County, p. 59. Charles Emerson was the first resident lawyer of Macon County; he came to 111. in 1833; for one term attended Illinois College, then moved to Springfield to study law under Judge Keys; admitted to the bar and settled in Decatur in 1834. He resided in Paris from 1847 to 1850. 7 David Davis mms, Benedict to Davis, Paris, Nov. 23, 1849. n n & r 2 £. n' to R- =• 5 n o ." a ?» w - rt ' ^ -. >- ^ »» H «T ' > <* 5 = s > °- s " & Z' 5 - 2 rt ° HH w ^ «■ to na ft ;. s 2 £ ?. S X5 Lh w 22 sr to 3 5" W - h-i 1 n S- t* o' 3 u> rt r S. 5 -3 1 3 2. "5" 3 M O £V efc i ^"•W^H i 1 11 ^HL jl m^ nM|| mmmmmmmm mmmmmm CIRCUIT RIDERS IN ILLINOIS 39 ruary 25, 1850. He was the second Master of the new Lodge. The first meeting place was the second floor of the old brick courthouse which was erected in 1833. 8 During the session of the Urbana circuit court in May, 1850, a correspondent of the Illinois Citizen was present and has furnished an appraisal of the abilities and personalities of the attorneys then present. His comparison between Abraham Lincoln and Kirby Benedict is quoted in part: It is with reluctance that we introduce into this article the name of Kirby Benedict. This does not arise from any particular prejudice but from a consciousness of inability to do justice to our subject. We have never yet met Benedict's equal. He cannot be called a profound jurist, for having satisfied himself with the knowledge of the general principles of his profession, he is too impatient and fond of excitement to apply his energies to the acquisition of necessary legal details. Abraham Lincoln and Kirby Benedict are the direct antitheses of each other and are as widely separated as heaven and earth. Benedict is easy, graceful and fascinating. Lincoln is rough, uncouth and unattractive. The former is kind, affable, and courteous ; while the latter is stern, solemn, and unfamiliar. Benedict has never been a deep thinker and, in his arguments, he depends almost entirely upon the resources of a rich and powerful imagination. As far as oratory is concerned, he tran- scends, by far, any member of the Bar on the Circuit; and it is perhaps true that he possesses more than all the others combined. At one moment he dissects the testimony of a witness and over some trivial flaw, vents all the gall and bitterness of his invectives; then suddenly the mockery ceases and he solemnly and earnestly pleads for his client as his tones range from dulcet to fortissimo or the thunder of Niagara. Yet with all his brilliancy and wit, the fascination of his 8 Centennial, 1848-1949, Prairies Lodge No. 77, a.f.a.m., Paris, 111. Prairie Lodge chartered Oct. 1, 1849, with only eight charter members. 4 o KIRBY BENEDICT: FRONTIER JUDGE eloquence and the sparkling joyousness of his disposition, he is never happy when alone. He lives only when his mind can be on the wing and like a caged eagle, pines when his pinions are fettered. How different is Lincoln! He is gifted with a mind deeply imbued by study. His style of reasoning is profound; his deduc- tions logical and his investigations are acute. In his examination of witnesses, he displays a masterly ingenuity and a legal tact that baffles concealment and defies deceit. When he addresses the jury, there is no false glitter or sickly sentimentalism. In vain we look for a rhetorical display of sublime nothings. His argument is bold, forcible, and convincing. Such are some of the qualities which place Lincoln at the head of the profession in this state and although he may have his equal, it would be no easy task to find his superior. 9 Benedict was not able to attend the spring term of court at Urbana in 1851 and thereby missed earning $50. Both he and his wife Charlotte were ill. He con- tracted a high fever and Charlotte probably suffered from an attack of arthritis as her left knee was mis- shapen and her hands and wrists distorted. But there was a happy note in his letter to Davis: Our babe has done remarkably well although he has been nursed entirely from the bottle. He is a fine boy, good natured, grows finely, and plays, and laughs outright. My wife's mother (Mrs.' Carlos Curtis) has gone entirely blind and will remain so, I presume, during the rest of her life. . . The situation of my family has been such that I have been unable to go to Decatur to attend to some business there ... I expect to meet you at the Piatt Court. Mrs. Benedict feels grateful to Mrs. Davis for her solicitations about our domestic afflictions and . . . sends her best wishes for Mrs. Davis' health and happiness. 10 9 Illinois Citizen, Danville, May 29, 1850. 10 David Davis mms, Davis to wife, Urbana, May 1, 1851; Benedict to Davis, Paris, Feb. 20, 1851. CIRCUIT RIDERS IN ILLINOIS 41 Six months later, Judge Davis was again riding the circuit. When he reached Danville he confided to his wife, "They say our friend Benedict is drinking. His wife is improving slowly but her limbs are distorted." A week later when Davis reached Paris, he was again reminded of the intemperance of Benedict. To the pre- vailing gossip, Benedict replied, "That Mrs. Harris is a busybody." u The exchange of friendly letters between Kirby Benedict and David Davis tells of politics, court cases, and the activities of their friends. A loneliness pervaded their letters as each inquired how the other enjoyed himself during the long winter. Only twice a year could they conveniently meet to exchange their views and bits of gossip. One friend, "had been crushed to atoms in business;" another one, less respectable, "could not be admitted to young ladies' society." Would there be enough business to pay expenses? In Paris, there were no criminal prosecutions of importance, no pris- oners in jail. "Yet," said Benedict, "I am beginning to long for the spring circuit so that we can be together again." An added note tells of political frustration. "I presume someone other than myself will get the appointment to carry the electoral vote to Washington but be that as it may." 12 Hotels on the circuit were often unable to accom- modate all the travelers, so four or more men were obliged to occupy the same room. On one occasion, Abraham Lincoln, David Davis, David Campbell, 13 11 Ibid. Davis to wife, Danville, Oct. 20, 1851; Paris, Oct. 27, 1851. 12 Ibid. Benedict to Davis, Paris, Nov. 22, 1852. 13 David Campbell, a native of New Jersey, arrived in Springfield in 1838, where he served as prosecuting attorney during the years 1848-1856. He rode the judicial circuit with Lincoln, Davis, and Benedict. He died in office in 1856. 42 KIRBY BENEDICT: FRONTIER JUDGE and Kirby Benedict were assigned to the only vacancy, a room with two double beds. Lincoln and Davis occupied one and Benedict and Campbell the other. One day Campbell said, "Benedict, you must ask the landlord to furnish you a bed to yourself." "Well, suppose he hasn't one?" said Benedict. "Then you must sleep on the floor or get the landlord to furnish you a berth in the haymow." "What is your objection to sleeping with me, General David Campbell?" asked Benedict. "Darn you," said Campbell, "I never did sleep with you but I have lain with you. To sleep with you would be impossible. You snore like a Cyclops and your breath smells of mean whisky. . ." "Well, General Campbell," said Benedict, "I shall show you that you shall sleep with me and if either of us has to sleep on the floor or the haymow it will be you, darn you, and not me." "We'll see about that," said Campbell. That night Campbell went to bed earlier than usual and about midnight along came Benedict pretty much "how-came-you-so." Campbell feigned sleep. "Hullo there!" said Benedict. "Dave, move over to the back of the bed and give me room on the front." When Benedict crawled into bed, Dave quietly drew up one heel on which he had fastened a spur, and planted it on Benedict's leg just above his knee. He then gave a quick turn downward, crying, "Get up there! Get up there!" as though he were speaking to his horse. Benedict gave a sudden leap and landed in the middle of the floor, yelling with pain, "Jesus! the darn fellow CIRCUIT RIDERS IN ILLINOIS 43 has the nightmare or delirium tremens and has taken me for his horse." 14 From the bed on the other side of the room, Lincoln and Davis burst into uproarious laughter. Benedict was not above the law, as he was sued for a debt of $33.53 plus cost $8.08 due Benjamin Dillehunt, a carpenter of Decatur. The case was appealed to the supreme court after judgment had been rendered in the justice of peace and circuit courts. Abraham Lincoln and Charles Emerson defended Dillehunt. Benedict was represented by Lyman Trumbull and Josiah Lam- born. The supreme court affirmed the judgment of the two lower courts and the appeal was dismissed January 17, 1842. Benedict was obliged to pay Dillehunt $41.61. In spite of Benedict's temperament and indulgence in liquor, his legal tactics were respected by his fellow attorneys. Always he held the attention of his audience by his dramatic arguments. When naming an opponent, whom he especially disliked, he would turn his face to the left, limp as though injured, then shake his hand to the right to free himself from the contamination which he feigned he had incurred by even mentioning such a name. 15 He was a master of satire. One moment he would convulse his audience with laughter and in the next bring tears. His voice was like a bugle note yet could be modulated to dulcet timbre. He was above medium height and of fine personal appearance but somewhat 14 Usher F. Linder. Reminiscences of the Early Bench and Bar of Illinois, pp. 201-202. 15 Jane M. Jones, Personnal Recollections of Early Decatur, Decatur Chapter d.a.r., 1912, pp. 267-8. 44 KIRBY BENEDICT: FRONTIER JUDGE pompous in his manner and quite vain, fond of popular applause but very sensitive if he thought he was the subject of censure or ridicule. Over a period of sixteen years Benedict was asso- ciated with Lincoln in the courts of the Eighth Judicial District of Illinois. The friendship of the two men never wavered. In later years, when Lincoln was Pres- ident, his political friends attempted to persuade him to replace Benedict as chief justice of New Mexico; but Lincoln said that he had spent too many happy hours with Benedict in Illinois and that he would not disturb him. The following tabulation reveals the type of cases tried during those early years, May 1840-May 1853, and the attorneys who rode the circuit. In the twenty cases, Lincoln opposed Benedict nine times but co- operated with him on eleven occasions. Clinton, De Witt County, May 22, 1840. People v. Spencer Turner. Lincoln, Douglas, and Benedict for defendant. Campbell and Colton for people. Turner indicted for murder. Acquitted by jury. Urbana, Champaign County, May 2, 1850. (3 cases) Lincoln, Howitt, and McRoberts for plaintiffs. Benedict, Gridley, and Somers for defendants. 1. Nancy Jane Dunn v. Albert G. Carle - a bastardy case. 2. Zephaniah v. Carle - trespass on the case of seduction, the defendant posts recognizances and files affidavits for con- tinuance. 3. Dunn v. Carle, assumpsit, the defendant is permitted to plead over. May 3, 1850. Signing the names of all three counsels, Lincoln writes and files a demurrer in the bastardy case; in the assump- sit suit a jury hears arguments after which the plaintiff submits to a nonsuit. CIRCUIT RIDERS IN ILLINOIS 45 Danville, Vermilion County, October 23, 1850. Hickman v. McCormack. Lincoln and Davis for plaintiff. Benedict, McRoberts, Murphy for defendant. Granted leave to withdraw their plea and plead again. Paris, Edgar County, October 28, 1850. Nancy Burr, et al v. Set h Austin. Lincoln and Benedict file the final order of the supreme court in accordance with which the case is reinstated on the docket. Decatur, Macon County, November 16, 1850. Froman v. Pearson and Walton. Lincoln and Benedict for defendants. Attorneys for plaintiff file proofs and Lincoln and Benedict are ruled to answer for the defendant on April 1, 1851. Paris, Edgar County, May 16, 1851. Starr, et al v. Cassidy. Lincoln and Benedict for plaintiffs. Dill and Linder for defendant. A bill to set aside a deed is submitted by Lincoln and Benedict. The court dismisses the plaintiff's bill. Decatur, Macon County, May 30, 1851. Froman v. Pearson and Walton. Lincoln and Benedict file defendant's answer. Continued to November term, 1851. Paris, Edgar County, October 27, 185 1. Nancy Burr, et al v. Seth Austin, A dm. Elijah Austin, an action for a debt. Court dismisses the case, by agreement of attorneys. Lincoln and Benedict for plaintiff. Emerson and Steele for defendant. Decatur, Macon County, November 13, 1851. Froman v. Pearson and Walton. Last before court on May 31, 1851. Suit is dismissed by agree- ment. Lincoln and Benedict appear for defendants. 46 KIRBY BENEDICT: FRONTIER JUDGE Paris, Edgar County, May 17, 1852. Munsell v. McReynolds. Benedict for plaintiff. Lincoln, Dill, and Linder for defendant. A bill for settlement of a partnership is decided per agreement filed. Paris, Edgar County, May 20, 1852. Sizimore v. Make. Lincoln and Dill for plaintiff. The assumpsit suit in which a jury failed to agree on October 29, 1 85 1 ; a jury finds for plaintiff and damage assessed at $260. Paris, Edgar County, April 18, 1853. Noblett v. Duck - an action on a covenant last before the court on May 17, 1852. Dismissed. Lincoln and Benedict for defendant. Emerson and Steele for plaintiff. Paris, Edgar County, April 18, 1853. Paddock v. Snyder -an assumpsit suit; leave granted to open depositions. Lincoln and Benedict for defendant. Paris, Edgar County, April 18, 1853. Jaquith v. Larkin and Burr - assumpsit case. Benedict for plaintiff. Lincoln, Dill, Steele, Emerson, for defendant. Case dismissed. Paris, Edgar County, April 22, 1853. Henderson v. Reed - assumpsit case. Lincoln and Benedict for plaintiff. A jury waived and case submitted to the court which takes it under advisement. April 26, 1853, the court awards the plaintiff $100 and costs. CIRCUIT RIDERS IN ILLINOIS 47 Paris, Edgar County, April 29, 1853. Davidson v. Baily - ejectment suit. Lincoln for defendant. Benedict for plaintiff. Court takes case under advisement. Danville, Vermilion County, May 28, 1853. Phelps v. Benedict. Lincoln and Lamon for defendant, an appeal. (Lost three suits.) Plaintiff awarded $38.75. Danville, Vermilion County, May 31, 1853. Campbell v. Smith — trespass. Lincoln, signing "Benedict, Lincoln, and Lamon," writes and files for plaintiff for $45. 16 16 Benjamin P. Thomas, Lincoln, 1847-1853. Being the Day by Day Activi- ties. (Springfield 1936), pp. 175, 200, 201, 203, 229, 231, 253, 255, 282, 330, 33i» 335, 336. A Federal Judge in New Mexico During the decade 1 843-1 853, Kirby Benedict wit- nessed the political success of his friends and close associates. Stephen A. Douglas was elected to the United States Senate; Abraham Lincoln, John J. Harden, and Richard Yates served in the House of Representatives. Now Benedict sought new oppor- tunities. He prompted his friends to recommend him for a judgeship in Minnesota. Eleven prominent resi- dents of Springfield addressed a memorial to President Franklin Pierce, on December 2, 1852, in which they testified to the merits, qualifications, and suitability of Benedict for the office. They expressed the hope that the president would bestow the appointment upon their friend. From Palestine another associate, J. C. Allen, wrote the president: In filling any vacancy that may occur in the office of Judge in Minnesota, permit me to recommend for your consideration the Honorable Kirby Benedict. . . He possesses the character, ability, and legal attainments which eminently fit him for a position of that kind. His appointment would be highly gratifying to his numerous friends throughout the West. The following year the Illinois delegation in Congress 5Q KIRBY BENEDICT: FRONTIER JUDGE unanimously voted that the name of Kirby Benedict be presented to the president for a judgeship in Washing- ton Territory. 1 Evidently the need for a competent judge was far greater in New Mexico than in the other two terri- tories as President Pierce appointed Benedict, associate judge of the Third Judicial District of New Mexico, in 1853. In the Springfield Sangamon Journal of July 19, 1853, there appeared the following news item: "Kirby Benedict Esq. has left Paris for New Mexico having been appointed judge for that Territory. It will be some time before he will return as United States senator." The judge left his wife Charlotte and two small children in Illinois and crossed the plains to Santa Fe where he arrived on August 17, 1853. The contrast between the prairie land of Illinois and the mountains and desert of New Mexico was no greater than the difference between the pioneers of the two communities. Illinois settlements were scarcely more than half a century old while New Mexico proudly counted her age by three centuries. Benedict was the offspring of New England Pilgrims who had fled their homeland to seek religious freedom. The New Mexicans did not migrate to escape the Church of their motherland but to spread the teaching of their faith among the native Indians. Their laws are an integral part of their history. Those of the United States were patterned after the common law of England. In New Mexico, the genesis 1 Appointment Papers, Office U.S. Attorney General Washington, D.C. ; (National Archives) Springfield, 111., Dec. 2, 1852; Palestine, Dec. 20, 1852; Washington, D.C. March 7, 1853. A JUDGE IN NEW MEXICO 51 of the courts was unique and differed from that of the other states. During the Spanish regime, the civil law of Spain and Mexico 2 became that of her American colonies. However, many legal enactments in force in Spain were never extended to the colonies. New laws and regulations were devised in the form of orders or decrees and were made to conform to the wants and exigencies of the emigrants. After the independence of Mexico, her federal con- stitution provided for two general tribunals: national, and those of the state. The powers of these judiciaries were vested in supreme, circuit and district courts. Jurisdiction of these courts was very extensive yet not universal over all classes of Mexican society as large numbers of the population were exempted by fueros or specially privileged jurisdiction. These were chiefly the military and ecclesiastics. Justice usually was administered by the alcaldes 3 or justices of peace. From the decisions of this class of officials, appeals were permissible to the governor and thence to the supreme court at Chihuahua or Mexico City. The proceedings before the alcaldes were unusual. The plaintiff made a verbal complaint to the officer who ordered the defendant to appear forthwith. If the latter did not obey this simple mandate, the alcalde sent him the baston de justicia or judicial staff, an ordinary cane on which a cross was carved and a black silk tassel attached. After receiving this notice, a refusal to appear was construed as a contempt of court and punished with severity. 2 Gustavus Schmidt, The Civil Law of Spain and Mexico, pp. 91, 98. 3 Brantz Mayer, Mexico, Aztec, Spanish and Republican, vol. n, 146-147. ** 52 KIRBY BENEDICT: FRONTIER JUDGE An oath was seldom required of a witness but if so, he swore upon the cross on the baston de justicia or more frequently on a cross formed by placing the forefinger over the thumb on the upraised right hand. When no witnesses were subpoened, the alcalde would sometimes render judgment solely upon the statements of the parties in litigation. There was no written record of these proceedings. Although there was no trial by jury there was a system of arbitration by which complaints were re- ferred to what was called hombres buenos. This sim- ulated a trial by jury. One admirable and basically sound provision under the Mexican law was the "judgment of conciliation." In accordance with this ruling, the parties litigant were prohibited from beginning an action until they had procured from the alcalde a statement that judgment or arbitration had been attempted but failed. The Provisional Code promulgated by General Kearny on September 22, 1846, and the Organic Act of 1850, resulted in the enactment of statutes which radically modified the old Spanish and Mexican laws and substituted those similar to the other states. The judicial power was vested in the supreme, dis- trict, and probate courts and the justice of peace. The Territory was divided into three districts and a judge assigned to each. Under the 16th section of the Organic Act, the designation of the judges to their respective districts was left to the discretion of the territorial officers by a provision that, temporarily and until other- wise provided by law, the governor was empowered to define the judicial districts and assign the judges to A JUDGE IN NEW MEXICO 53 their respective circuits. Furthermore, the governor possessed the right to designate the time and place for holding court. At the first and second sessions of the legislature, laws were passed to define specifically the powers and duties of the judges. The chief justice was required to reside in the district in which the seat of government was located. The law further provided that all judges should hold court twice a year in each county of their district. To prevent the passing of the court terms in case of unavoidable absence of a judge, one of his fel- lows was obliged to hold court for the absent member. The terms of court were so scheduled that the at- torneys were enabled to represent their clients in the courts of different districts and when necessary, one judge could act for an absent judicial officer. The supreme court met at Santa Fe annually for the first three weeks in January except for a brief time when it met in July. The supreme court members exercised original jurisdiction in the district courts as well as being members of the supreme court. The review of cases appealed to the supreme court deviated from the current procedures as the trial judge was a member of the supreme court. His presence was likely to obstruct the impartial administration of justice. An early enactment of the New Mexico legislature was a bill of rights modeled after the federal bill. Although Judge Benedict found them inadequate to meet all situations, many social laws had been passed to assure good conduct on the part of her citizens. Moral standards were protected by statutes that pro- vided for Sunday closing, the restraint of gambling, the 54 KIRBY BENEDICT: FRONTIER JUDGE arrest of drunks or any person who used scandalous language in the streets, and fines and imprisonment for those who had "no visible honest means of living." The sentences of the latter were reduced one-half upon the marriage of the accused. Libel in the churches was curbed by an enactment which provided for the punishment of any minister or any other person who, by word or manner, slandered any person within the church. An attempt to preserve family unity resulted in the passage of an ordinance "to punish anyone who discovered faults of married couples or who interfered in private life, thus creating disagreement and thereby causing a terrible evil and injury to the family." To prevent an outlaw from lurking behind a mask at any of the popular masquerade parties, the legisla- ture enacted a law that required each masquerader to obtain a license and register with the probate judge his name, number of ticket, and description of his costume; and to take an oath to preserve the peace. Each person was obliged to wear his number in public view. The life of these early pioneers is mirrored in numerous other laws. The buffalo was still the source of food even though the herds were diminishing and hunting was restricted to the Indians. Many New Mexican families depended upon wild game to supple- ment their meager rations. The legislature was induced to memorialize Congress to permit the people to hunt buffalo and to grant them the same rights as the Indians. Racial discrimination was apparent in the law re- garding the right of suffrage: "Voters must be white and not connected with the United States Army." A A JUDGE IN NEW MEXICO 55 patriotic note was injected by the passage of a joint resolution which requested that the flag be displayed during each session of the legislature. Judge Benedict soon made the acquaintance of the practicing attorneys 4 in New Mexico and began a thorough examination of all these laws by which he would be governed in rendering his decisions. It is problematical that Judge Benedict could en- vision the vast extent of the Third District to which he had been assigned. It extended from the Colorado River on the west to Texas on the east; from approximately the thirty-fifth parallel on the north to the borders of Texas and Mexico on the south. From north to south the distance was three hundred miles. The total area of the district comprised nearly two-thirds of the area of the present states of New Mexico and Arizona. 5 It was thirty times larger than Benedict's native state of Con- necticut and three times larger than Illinois. Of the nine original counties of New Mexico, four, Bernalillo, Valencia, Socorro, and Dona Ana, were in the Third District. During the first year of Benedict's judgeship, the district was increased by the addition of the Gadsden Purchase to Dona Ana County. This was a large circuit to cover by horse and buggy or on horseback. The perils of the journey were not forgotten for many years. As the judge crossed the Jornada del Muerto, he fancied that every bush con- 4 J. J. Davenport, chief justice; Joab Houghton, associate justice, Second District; Hugh N. Smith, Charles Beaubien, John S. Watts, Merrill Ashurst, Theodore D. Wheaton, Spruce M. Baird, William Claude Jones, James A. Lucas, and others. 5 Arizona made a separate county of New Mexico at ninth session of New Mexico Legislature, 1859-1860; county seat at Tubac. 56 KIRBY BENEDICT: FRONTIER JUDGE cealed an Apache, every branch of the Spanish bayonet was an Indian headdress, and that hostile Indians skulked in every gulley. 6 On the circuit ride in the spring of 1854, Benedict was accompanied by W. W. H. Davis 7 who kept a journal in which he noted some of the most significant incidents of the journey. Davis left Santa Fe early in April to join the judge at Albuquerque. He selected a sturdy mount for the long ride and into his saddlebags he crammed two shirts, two pairs of socks, and shaving equipment. In addition to his scant wardrobe, he tucked in one small Bible, two law books, some sta- tionery, and the customary brace of pistols. Attorney Joab Houghton and a New Mexican rode with Davis. They crossed a dry level plain to the six- mile canyon of the Rio Santa Fe. When they left the canyon, it was necessary for them to dismount and lead their horses up the two-hundred-foot zigzag trail to the summit of the mesa where they galloped their horses until they descended to the valley of the Rio Grande near the San Domingo Pueblo. Here they crossed the river, rode on to San Felipe, and before sundown reached Algodones where they remained for the night. The following day they passed Bernalillo, Sandia, and Los Ranchos. The latter was formerly the county seat of Bernalillo County. When they arrived at Albu- querque, they found Judge Benedict already on the € New Mexico Union, March 6, 1873. Kirby Benedict, editor and proprietor. 7 W. W. H. Davis, El Gringo, p. 345. W. W. H. Davis, 1820-1910; born in Mass.; died, Doylestown, Pa.; secretary New Mex. Territory, 1853-1857 and was acting governor for n months during absence of Gov. David Merriwether; author of El Gringo, Spanish Conquest of New Mexico, and History of 104th Pennsylvania Regiment. A JUDGE IN NEW MEXICO 57 bench in a modest "mud" building on the eastern edge of the town. The United States Army depot was then located in Albuquerque's "Old Town" and here the circuit riders were entertained at the army mess hall. 8 The district court records for those early years are missing. What criminal and civil cases were tried by Benedict remain unknown except those that were ap- pealed to the supreme court. Tome, then the county seat of Valencia County, was next on their itinerary. Their first day's ride ended at twilight at Baird's Ranch. Early the next morning, the judge in his buggy, and the other men, saddled and mounted, rode along the eastern side of the Rio Grande past flocks of sheep guarded by faithful shepherd dogs. They passed Isleta and Peralta and soon reached Tome. Spring came early on the Rio Grande that year. The bordering cottonwoods on the plaza were just begin- ning to flaunt their shimmering leaves in the sharp clean air as Judge Benedict hurried to the courthouse. The one-story adobe building was long and low with a platform slightly elevated at one end of the courtroom where the judge presided. A small table was provided for members of the bar and a few benches for the audience. There were few cases of importance on the docket and when the one-week term was completed, the judge in his jolting buggy started south toward Socorro with his companions on horseback. They encountered a sand storm at Casa Colorado and were obliged to spend the night at La Joya. The next morning the horsemen 8 The army depot occupied the building that was owned by Mrs. James Henry Carleton at that time. 58 KIRBY BENEDICT: FRONTIER JUDGE decided to cross to the west side of the river. Due to the spring thaws in the Rockies, the water was too deep for the judge's buggy so he continued along the east bank. An old canoe, hollowed from a cottonwood log, was located and in this the horsemen prepared to cross. Saddles and bridles were removed and a rope tied around the neck of each horse. At first they balked but when they were finally coaxed into the river, they splashed away for the opposite shore and floated the canoe and its occupants safely across. The dripping horses were saddled and the attorneys rode onward. When they reached Lemitar they crossed the stream again and here they rejoined the judge. They stopped for lunch at the home of the late General Manuel Armijo. The canopied beds, brass bedsteads, and heavy wooden benches appeared to be incongruous companions for the velvet-covered chairs and the beau- tiful "Turkey" carpet. The time-stained beams that supported the roof were reflected in twenty gilded mirrors around the room. The journey was resumed at three in the afternoon and all the travelers reached Socorro before dark. The courthouse fronted on the plaza and backed against a fine vineyard. There was no jail nor had there ever been one. The usual mode of punishment was by means of fines, whippings, or selling the labor of the law violator for a stated period of time. Their next desination was Las Cruces, county seat of Dona Ana County, one hundred fifty miles to the south. Before them lay the Jornada del Muerto, the journey of death. Careful preparations were made for the passage of this scorched land. Water kegs were filled, A JUDGE IN NEW MEXICO 59 and the wheels of the buggy were soaked to prevent the shrinkage of the wooden tires which would result in loose steel rims. Horses and men rested from eleven in the morning until five in the afternoon. They traveled at night and by three in the morning they were sixty miles nearer the end of the circuit. After a two-hour stop, they plodded on and by noon reached Robledo, the southern terminus of the Jornada. In another night ride they arrived at Dona Ana and the following morning were on their way to Las Cruces, the last court on the Rio Grande. Old court records occasionally disappeared from their original depository and were found years later in the archives of a neighboring county. Such was the case of the records of Dona Ana County for the years 1 854-1 856 when Judge Benedict served in that district. After an absence of eighty-four years they were dis- covered in Albuquerque and were returned to Las Cruces through the efforts of public-spirited citizens. 9 According to the following notation, the old records may have been in Mesilla during the Confederate in- vasion: "Confederate States of America, Territory of Arizona, County of Arizona, October 7, 1861, First Judicial District at Courthouse, town of Mesilla. Judge Hare." There was great negligence in preserving early court records and some of those remaining are disappointing in their brevity. Nevertheless, an account of one early case was published in the New York Daily Times February 2, 1854. 10 9 L. A. Cardwell, deputy district clerk, and Judge Bryan G. Johnson, Albuquerque. El Paso Times, Feb. i, 1940. 10 The article is quoted from the Missouri Republican, Dec. 22, 1853, and was written by a correspondent from Albuquerque. 6o KIRBY BENEDICT: FRONTIER JUDGE It involved the trading of a horse for a mule and the connivance of the traders. A man named Bourale (Pedro Jose Borule) sold a horse to a discharged soldier with the understanding that the latter trade it for one of Apache Chief Cusenas Azalas' mules. After the transaction, Bourale approached the chief and claimed the horse as his property. The chief refused to surrender it and appealed to the prefect at Las Cruces who decided that he had a legal right to the horse. Chief Azalas with his band and the horse, left Las Cruces late the same day and proceeded toward Dona Ana where they camped near the town. Azalas drew a mark across the road and warned his men not to cross it; but evidently it was quite proper for the chief to visit the town. Meanwhile Bourale sneaked cautiously behind and after the chief became intoxicated, lured his victim to a secluded spot where he was beaten to death. The murderer escaped across the Rio Grande to Mesilla, then a part of Mexico. A warrant was issued for his arrest but when Sheriff John Jones n arrived and demanded the accused, the authorities at Mesilla re- fused to comply. A requisition was made on the com- manding officer at Fort Thorn for aid of the troops stationed there but this was rejected. Nevertheless, the case came before Judge Benedict's court for trial at the May term, 1854 in Las Cruces. Three bands of Apaches camped within a short dis- tance and watched the proceedings of the white man's court with great interest. 11 John Jones was the first sheriff of Dona Ana County. Later he won the distinction of being the "Paul Revere of the Southwest." Aurora Hunt, Army of the Pacific, 1 860-1 866, pp. 11 5- 116. A JUDGE IN NEW MEXICO 6^ In an interview with Judge Benedict they stated that their chief had come to the settlement at the invitation of the whites; that they were peaceable; that they had received from the President of the United States, a medal upon which his image was impressed; that he had called them his red children; that they would not act hastily but wait and see how we administered our laws; and that they wanted justice and if we did not give them justice, they had laws of their own and knew how to get satisfaction. They had lost their chief, a man they had loved and respected. He was wise and they obeyed him. He had instructed them to remain at peace; they had done so and were now without a head to direct them. If the Americans did not give them justice, they could not say what their young men might do. The court record of this case is extremely brief. First there was a request for a continuance until next term. Then James A. Lucas, attorney for Bourale, asked the court for permission to enter a nolle prosequi. This was granted and entered to the indictment with the familiar phrase, "The defendant go hence without day." The crime was committed in Mexico and was not within the jurisdiction of the district courts of New Mexico. The acquisition of the Gadsden Purchase resulted in numerous "Declarations of Intentions" to become citizens of the United States. There were men from Ireland and England who renounced allegiance to Queen Victoria ; one from Russia who no longer wished to be a subject of Alexander II ; and another, a citizen of Mexico, relinquished his allegiance to His Serene Highness Antonio Lopez Santa Ana. 62 KIRBY BENEDICT: FRONTIER JUDGE The cases of trespass and ejectment by Judge Ben- edict provide evidence that some of the Americans were squatting on the property of Mexican citizens. This may have resulted from the ineffectual surveys and boundary markings. The verdicts were invariably in favor of the Mexican land owners. The judge ordered the properties surrendered and the trespassers fined ONE CENT. Since Las Cruces was near the border of Chihuahua, smuggling was a common practice. Nineteen of these cases were tried before Judge Benedict during one court term. In another instance no attempt was made to secrete the passage of twenty carretas across the border but misinformation was given concerning the contents and value of the caravan. Consequently, the owners were sued for libel of information. When a United States citizen was brought to trial, he frequently waived a jury trial and submitted to the court without the intervention of a jury. It was apparent that he placed greater confidence in Judge Benedict than in a native jury. There were charges for unlawful assembly, for using false weights and measures and a few cases of assault and battery. For disturbing the peace of a religious meeting, the accused was fined five dollars and one hour in jail. One evening during a respite from official duties, Judge Benedict invited the Catholic priest, Reverend Cardenas, to deliver a sermon. The attorneys organized a choir and sang three hymns, one of which was: A JUDGE IN NEW MEXICO 63 How tedious and tasteless the hours When Jesus I no longer see ! Sweet prospects, sweet birds and sweet flowers, Have lost all their sweetness to me. The fields strive in vain to look gay But when I am happy in Him December's as pleasant as May. 12 The judge's satisfaction in having completed the court term at Las Cruces was diminished by the reali- zation that the dreaded Jornada del Muerto must be recrossed before he reached Albuquerque. A disap- pointment awaited him there. He had completed his first year of judgeship only to learn that he was the only judge in the entire territory. Chief Justice Daven- port was absent by permission and the newly-appointed associate justice, Perry E. Brocchus, had not arrived. There was then a notable murder case on the docket in Santa Fe and it devolved upon Benedict to substitute for Judge Davenport in whose district the case was tried. Richard H. Weightman, 13 delegate to Congress from New Mexico, had stabbed and killed Francois X. Aubry. A witness reported that Aubry met Weightman in the La Fonda bar room and accused him of pub- lishing an article in his newspaper, Amigo del Pais, 12 John Newton and William Cowper, "The Olney Hymns," Plymouth Collection of Hymns and Tunes, no. 1211, p. 389. 13 William A. Keleher, Turmoil in New Mexico, 1846-1868, p. 125, fn 44. Richard Hanson Weightman was born in Maryland 1818, and died while commanding a brigade at Wilson's Creek, Mo., on Aug. 12, 1861. Weight- man's newspaper, Amigo del Pais, published in Albuquerque in 1853. Aubry was a Santa Fe trader, explorer, and the most famous long-distance rider of his day. His diaries of 1853 and 1854 portray his successful attempt to make a wagon road from California to New Mexico along the thirty-fifth parallel. 64 KIRBY BENEDICT: FRONTIER JUDGE that reflected on the honor and integrity of Aubry. Whereupon the latter threw a glass of whisky in the face of Weightman and drew his pistol. Weightman then stabbed Aubry through the heart. By the able arguments and pleadings of Benedict, Weightman was acquitted. At the close of the fall term, 1854, Benedict asked President Pierce for a four months leave of absence so that he might return to Illinois to bring his family to New Mexico. He hoped to make the journey in less time if he could join one of the large merchant mule trains that was scheduled to leave Kansas in May or June. If he joined the train, he would be more secure from Indian attacks. Due to the absence of his fellow judges, Benedict stated that he was obliged to hold all the fall terms in every county in New Mexico. In order to accomplish this, he had taken his seat upon the bench and con- tinued in session, without adjournment for refresh- ments, from eight in the morning until eleven at night. He indicated the confidence that when Judge Daven- port returned, he would faithfully attend to the judicial interests of the Third District. Benedict concluded his communication by saying that it would not be possible to receive an answer to his request in less than three months but he hoped for a reply at the very earliest date so that he could leave for Illinois as soon as the first of April, 1855. 14 In his second term in office, a number of his decisions were appealed to the supreme court. Of special sig- 14 Letter to William S. Marcy, Secretary of State, Washington, D.C., written Nov. 21, 1854, Las Cruces, New Mexico (National Archives). A JUDGE IN NEW MEXICO 65 nificance are those between the Acoma and Laguna pueblos. These and others will be reported in another chapter. After completing the spring court term 1855, Judge Benedict returned to Paris, Illinois, to move his family to New Mexico. 15 Nearly two years had passed since he had seen his son and daughter and wife, Charlotte. Kirby Jr. had outgrown his babyhood and was four years old. Worthena greeted her father's return as a young lady of seven years plus. They followed the same route traveled by thousands who had passed before them, when they returned together to New Mexico. No doubt, the two children frequently questioned the judge about the long wagon trains, the bullwhackers, and the seemingly endless prairies that separated them from their destination. When Judge Benedict had found a house for his family in Albuquerque, it was time for the fall term of his court. For three more years he administered justice in the Third District. Not once during five years in that district did he miss holding court in each county twice a year. The records for the years 1857- 1858 have not been located. The information regarding the following case has been obtained by devious procedure. The crime com- mitted was first brought to the attention of Judge Benedict when he received a letter from General John Garland who was then in command of the military department of New Mexico. The general was greatly perturbed. He had been ^Springfield Illinois Journal, May 26, 1855. "Hon. Kirby Benedict arrived in this city today. He came from New Mexico for his family who have been residing in Edgar County during his absence." 66 KIRBY BENEDICT: FRONTIER JUDGE ordered to New Mexico to protect the whites from the Indians. Now he was confronted with the problem of dealing with the New Mexicans who attacked the Indians. He asked the advice of Judge Benedict in a letter from Santa Fe, dated April 22, 1858. Another outrage has been perpetrated by some men purported to be from Mesilla. The particulars of which will be found in the enclosed papers. The case is a grave and important one, new to me, being somewhat at a loss as to the proper course to be pursued. I desire your advice upon the subject. We have neither a United States Judge (Chief Justice), a District Attorney, nor a Governor in Santa Fe at this time with whom to consult. It is quite possible that an effort will be made to get this band of murderers out of military custody under a writ of "Habeas Corpus" by some of the local magistrates. In such case, should the writ be obeyed ? What is the proper course to be followed in order that they be committed for murder? In case of committal, can the murderers be taken by the military to Fort Craig and held in custody until the Civil Court holds its session at Socorro or can they be bailed? Will you do me the favor to send instructions to the United States District Attorney who is said to reside somewhere in the vicinity of Mesilla? It would not surprise me to hear that he is Chief Counselor in these acts of terror. (Signed) General John Garland General Garland's aide-de-camp made the ride from Santa Fe to Albuquerque in one day to deliver the reports to Judge Benedict so that he might advise the general regarding the proper legal course of action. The reports 16 revealed that at about daylight April 16 35 Cong. 2 sess. Sen. Ex. Doc. no. i, p. 284-290 (Ser. 975). Report of Gen. Garland to army headquarters, Washington, D.C. March 1, 1858. Reports of Lt. Col. D. S. Miles and Lts. W. H. Wood and J. W. Allen; U.S. Dept. Int. 1857-1858, 549; Michael Steck, Aug. 10, 1858. A JUDGE IN NEW MEXICO 67 17, 1858, a party of armed New Mexicans from Mesilla charged into the Indian camp near Fort Thorn and indiscriminately butchered men, women, and children. The garrison was immediately ordered under arms. While the Rifles were saddling their horses, Lieutenant W. H. Wood and his infantry succeeded in capturing all of the thirty-six men who participated in the crime. When the Mounted Rifles arrived at the scene, the prisoners were marched to the Fort where they were confined under heavy guard. The soldiers then were ordered to collect the dead, wounded, and survivors. Three men, three women, and one boy were killed. They were all interred near Fort Thorn Cemetery. Judge Benedict at once started the necessary legal procedure. He received the complaint of Lieutenant Craig, under oath duly sworn, and issued a warrant for the arrest of the accused returnable before him at Socorro and sent it by swift messenger to the sheriff of Socorro County. General Garland gave orders to his officers at Forts Craig and Thorn to aid the sheriff with all the guards that might be required to bring the prisoners before the judge. Benedict proceeded to Socorro to examine the ac- cused and committed all of them to await trial at the next session of the court at Mesilla the first Monday in June, 1858. Evidently their case was continued until the fall term as the record discloses that when court met in November of that same year, the entire party was released on $500 bail. Public opinion was in sympathy with the accused as this band of armed men were reported to be held in 68 KIRBY BENEDICT: FRONTIER JUDGE high esteem by their townsmen. They were known as the "Mesilla Guard" and were always in readiness to pursue the Indians and recover the citizens' property when stolen. Here again, the records are missing. However, in a letter to President Lincoln dated June 2, 1861, Judge Benedict wrote, "I tried thirty-six men for murder upon the same indictment but I met no uncommon trouble and no resistance." 17 Whatever the outcome of the trial of the Mesilla Guard was, the citizens of the community received a sharp rebuke from General Garland. When he evac- uated Fort Fillmore, a petition bearing 634 signatures was presented by the residents to protest the removal of the soldiers and to avow that their alleged "barbarous atrocities" were greatly exaggerated. To this General Garland replied, Your request cannot be complied with. Mesilla is the strongest settlement in New Mexico. There are two posts within forty miles of the town. With every disposition to protect the lives and property of the citizens, I regret to say that instead of receiving their aid, they have, by their acts of outrage, provoked the attacks by the Indians. It is proper for me to say that those who perpetrate acts of violence and outrage have no claim to the protection of the military and will receive none. 18 17 Kirby Benedict MS, Attorney General's Office, Washington, D.C. 18 35 Cong. 2 Sess. Sen. Ex. Doc. no. i (Ser. 975), pp. 291, 293. Chief Justice Throughout his first term as associate justice, Ben- edict made frequent and detailed reports to the attorney general in Washington but as his term drew to a close, his letters increased in length and numbers. He em- phasized the difficulties and dangers in traveling over his district which was three hundred miles from north to south and of great width from east to west. The long desert ride across the Jornada del Muerto remained clearly etched in his mind for years afterwards. The heat, dust, and thirst; and the suffering of the horses were less to be dreaded than the hostile Indians. In one of his reports he tactfully commented : . . . I hope I shall be excused in alluding to my con- tinuance in the office I now hold, although in this costly and primitive country, the salary is barely sufficient to support a Judge and his family in a becoming manner. Yet under all exist- ing circumstances, I say frankly that I am anxious to remain in a Judgeship in this Territory if it shall be the will of the President and the judgment of the Senate. This is my fifth year of service and I have brought my family here and find their health improved in this dry, bracing atmos- phere. I am acquainted with the people, their customs, and peculiarities. I have learned enough of their language to charge juries and to conduct the business of the Court without an interpreter. I have a deep solicitude in striving to aid in the establishment of a sound and well-directed system of jurisprudence in New Mexico. . . I am not informed that any complaints have 7Q KIRBY BENEDICT: FRONTIER JUDGE ever been made against me at your office or to his Excellency, the President, and should there be, I trust my conduct, properly known, will justify and thereby vindicate my character. 1 His friends were well acquainted with his faithful performance in office and petitioned the president to reappoint him associate justice. 2 This, President James Buchanan did soon after his inauguration. The letter of April 17, 1857, containing the announcement of his reappointment was five weeks en route but the day following its arrival, Judge Benedict took his oath of office. In his letter to Attorney General Jeremiah S. Black, he expressed his gratitude to the president for the con- fidence shown in his judgeship. He promised to adhere inflexibly to the policy which he had observed during the late administration of President Pierce; and that he would never permit himself to omit, in any manner whatever, the careful performance of any duty which devolved officially upon him. He believed that there was a wide field in which he could be useful and re- solved to fill the requirements. 3 He did not shirk any duty that confronted him. Fre- quently he held court in the First and Second Districts during the absences of the other judges. At the end of his first year in New Mexico, 1853-1854, he was the only judge in the entire territory yet he was able to 1 Justice Department Records, Attorney General mss, National Archives. Nov. 28, 1957. 2 Justice Department Records, Attorney General mss, National Archives. Recommendations from members of Bar Association ; the New Mexico legislature; Governor Merriwether; W. W. H. Davis, secretary; Miguel Otero, delegate to Congress; many citizens and James C. Allen, Representa- tive in Congress from 111. 3 Attorney General mss, May 27, 1857. CHIEF JUSTICE 71 serve in every county of every district. The old district court records supply further evidence, as he never failed to record in his characteristic bold penmanship that he was serving during the absence of these judges. Not once was he absent from his own district during his first term when it was time for court to be in session. While holding court in Santa Fe during the absence of Judge J. J. Davenport, April 1858, Benedict re- ceived word that one of his children was very sick but he faithfully remained on the bench. When he reached his home in Albuquerque, he found that his wife Charlotte also was seriously ill. He complained to the attorney general that traveling expenses were so enormous that he could no longer afford to serve in other districts without impoverishing himself and suffering great annoyance. He maintained that it was a hard country for an officer to be in debt. Later in life his family learned the bitter and merciless truth of that fact. 4 One year after his reappointment as associate justice, Benedict was appointed chief justice, in May, 1858. Great pride and gratification were experienced when he heard the pronouncement in court at Santa Fe, August 23, 1858: Now comes the Honorable Kirby Benedict and presents the following commission as Chief Justice of New Mexico which is in the words and figures following: James Buchanan, President of the United States of America, to all who shall see these presents, Greetings ! Know ye that reposing special trust and confidence in the Wisdom, Uprightness and Learning of Kirby Benedict of New 4 Justice Department Records, Attorney General mss, National Archives. April 12, 1858. 72 KIRBY BENEDICT: FRONTIER JUDGE Mexico, I have nominated, by the advice and consent of the Senate, and do appoint him to be Chief Justice of the Supreme Court of the Territory of New Mexico and do authorize and empower him to execute and fulfill the duties of that office according to the Constitution and Laws of the United States and to have and to hold the said office with all the powers, privileges, and emoluments, to the same of right appertaining to him, the said Kirby Benedict, for the term of four years from the date thereof. In testimony thereof, I have caused these letters to be made patent and the seal of the United States to be hereunto affixed. Given under my hand at the City of Washington the fourteenth day of June in the year of our Lord, one thousand eight hundred fifty-eight and of the Independence the eighty-second. (Signed) James Buchanan, President 6 As chief justice he was assigned to the First District 6 with headquarters at Santa Fe. Now the problem of moving his family and household goods confronted him. He was just recovering from a "villainous" attack of diarrhea however, he must make provision for his family. He wrote Alexander M. Jackson, secretary of the Territory, to find out whether or not a house in Santa Fe could be rented or bought. 7 He depended upon his friend, Charles P. Clever, to contract for two hundred burro loads of wood at twenty- five cents each; and to ascertain how the building of his furniture was progressing and how Charles Blum- mer, treasurer of the Territory, was succeeding with his well. Benedict, himself, was hard at work with his men making kraut. 8 No doubt Charlotte was diligently 5 Attorney General mss. July 7, 1858. 6 Counties Rio Arriba, Taos, Santa Fe, San Miguel. 7 William G. Ritch, MS, no. 913, Huntington Library. 8 Ibid. no. 923. CHIEF JUSTICE 73 supervising the packing of household belongings while Kirby Jr. and his sister Worthena scampered around in eager anticipation of the trip. A week later another letter was dispatched to Clever. This time the judge requested him to see Joseph Hirsch, who had been freighting flour for the govern- ment to the army depot at Albuquerque, and learn when his wagons would make the trip from Santa Fe again. The wagons usually returned partially empty and this would be an opportunity for the Benedict family's household goods to be shipped to Santa Fe. 9 At last the family was ready to start. Three mule teams with loaded wagons left for Santa Fe on Novem- ber 22. The judge and his family left the same day, presumably in his carriage. They arrived in Santa Fe the following day. In less than two weeks, on December 6, 1858, the judge and his wife purchased a ten room house and a large lot from Charles Blummer. 10 Of course, there was a barn on the property. The purchase price was $1,300 for this parcel of land situated in the northeastern section of the city, bounded and described as follows : On the north by hills and public land ; on the east by a public road leading north from the plaza; on the south by the property of Manuel Alvarez, deceased; and on the west by lands and houses belonging to Tomasa Romero, Ysadora Romero, and Dolores Martinez. The property is readily located as part of a tract bounded by Grant Street on the east, Catron on the south, Bower 9 Ibid. no. 924. 10 Deed Records, Book c, (Santa Fe Courthouse, December 6, 1858) pp. 74 KIRBY BENEDICT: FRONTIER JUDGE on the west and Arroyo Mascaras on the north. Judge and Mrs. Benedict later bought two adjoining lots. 11 Their holdings then comprised approximately four acres with other buildings in addition to their ten-room home. They subsequently rented one house to William F. M. Amy for $25 a month. 12 The property purchased by the judge and Charlotte could have been considered a good investment. It lay within a few short blocks of the plaza and across the street from the capitol building which was in the process of being built. Soon after the organization of the territory, Congress had appropriated $20,000 for public buildings. This amount was expended in laying the capitol foundation. Four years later on May 31, 1854, the sum of $50,000 was provided by Congress but this served only for erecting one and a half stories above the basement. In i860 another appropriation was made but never paid. The Capitol building remained a roofless shell for a quarter of a century, long after the death of the judge and precluding any opportunity to benefit by the in- crease in value of his investment. New Mexico finally built her own Capitol building and the government converted the unfinished derelict of sandstone into a federal courthouse which was not completed until 1890, forty years after money was first appropriated. Although the First District to which the chief justice was assigned was not as large as the Third, it con- tained the greater proportion of the population. The 11 Ibid. Book d, Oct. 24, 1863, pp. 300, 301. Ibid. Book c, May 24, 1864, PP. 557, 558. 12 William G. Ritch MS, no. 1539. CHIEF JUSTICE 75 rugged terrain and the freezing temperature of the winter storms in the Rockies equalled the discomforts and perils of the southern section of the territory. When Kirby Benedict began his first term as chief justice, court was held in an old building that had been used as a storehouse for the quartermaster department in Santa Fe. The one-story adobe, 25 by 100 feet, was situated on the northeast corner of Palace at Washing- ton Street. The roof was supported by a row of square pillars; large double doors opened into the street. The floor was of pine and comfortable seats were provided for witnesses, jurors, and litigants. 13 From the pulpit-like rostrum, Judge Benedict ren- dered his opinions until the old building was torn down in 1862 to prevent its collapse. Rooms were rented until the new Capitol was under construction ; then court was held in the first story of the unfinished building. Unfortunately, the L of the Capitol, occupied by the court, was burned on May 14, 1864, and many of the transcripts of records were destroyed. 14 During the March term, 1858, many certificates of naturalization were granted. Among the European sovereigns who lost subjects were Queen Victoria of England, Louis Napoleon III of France, Frederick William IV of Prussia, and Oscar I of Sweden. The chief justice and the prosecution attorneys, who accompanied him as he rode the circuit, were not above the law. The old court records of San Miguel County 1858-1859, reveal that Benedict fined himself $10 for 13 Daily New Mexican, March 11, 1940. 14 Ritch Collection ms no. 2216, Amy to Secretary of Treasury, Washing- ton, D.C. Huntington Library. 76 KIRBY BENEDICT: FRONTIER JUDGE gambling and levied the same amount against his com- panions. 15 The owner of the gaming table was fined $100. The fines were equally divided between the county and the territory. The old plaza at Las Vegas, New Mexico, now so serene, once echoed to the cries of the auctioneer as he invited bids for the sale of the labor and services of a prisoner convicted of horse stealing. The case came before Judge Benedict at the March term, 1859. He pronounced: Take the prisoner to the middle of the public Plaza of San Miguel. Give him fifty lashes on his bare back, well laid on; furthermore, unless he shall pay the costs by the 20th of this month the sheriff shall then give him public notice in writing at not less than six public places in this county. Then at some day to be fixed not less than five nor more than ten days from the first day of publication, the sheriff will sell at public auction in the Plaza of San Miguel, between 10 a.m. and 4 p.m. the labors and services of said defendant. . . The sheriff shall make such sale in such manner and deliver the defendant to the purchaser to serve during the time bid and paid for. 16 Angel is scarcely an appropriate name for a mur- derer, especially when a woman. Yet a jury in Las Vegas during the spring term in 1861 found Paula Angel guilty of murder in the first degree for the fatal stabbing of Miguel Martin. The record may be found in Las Vegas where it is carefully preserved. March 28, 1861. This day came the Territory by her Attorney General and the defendant was led to this bar of the court in 15 Samuel Ellison, Hugh N. Smith, Richard H. Tompkins, and Merrill Ashurst. 16 Record filed in the archives of the Santa Fe County Courthouse. CHIEF JUSTICE 77 custody of the sheriff. When asked if she had anything to say - said nothing. She was then ordered to the jail to be kept securely by what- ever chains and shackles necessary to secure the person of said Paula Angel until Friday the 26th day of April next; and that on said day, between the hours of 10 a.m. and 4 p.m. the sheriff was ordered to take the body of Paula Angel to some suitable place, to be selected by the sheriff, one mile from the church in the town of Las Vegas and there to be hung by the neck until dead. An appeal to the supreme court was granted but it was ordered by the court that said appeal should in no manner operate a stay of execution but that said sentence should be fully executed as before ordered. The fact that Benedict pronounced the death sentence for a woman did not necessarily mark him as a judge without just consideration for other offenders. His sympathy was frequently aroused when some of the Mexicans came before his court for minor offenses. He had sworn to uphold the laws even though he con- sidered some of them unjust and cruel. On one occasion he asked Governor Amy to pardon one Ysidro who had been guilty of stealing a hat. For this offense the judge had sentenced him to pay a fine of $10; but when he stole a coat also, Judge Benedict ordered him publicly whipped unless pardoned. Ysi- dro was a poor man and had a large family and through the petition of his neighbors and the judge he won a pardon. 17 After a residence of ten years in New Mexico, Judge Benedict knew many of the New Mexicans personally. 17 Ritch Collection MS no. 1237, March 6, 1863. 78 KIRBY BENEDICT: FRONTIER JUDGE Such was the case during the trial of Julian Chavez who had accepted a bribe of $60 and permitted Juan Jacobs Miera to escape the night before he was to have been hung. Chavez was a peon of Santa Ana County where he and his master had appeared before the judge in a suit several years previous. The San Miguel County jail where Miera had been confined was neither well guarded nor securely built. Chavez was sentenced to five years imprisonment and had then served more than two years. Benedict recom- mended his pardon as he believed the cause of justice had already been served. 18 The clemency of Chief Justice Benedict was further disclosed when he set aside the verdict of a jury at Taos and granted a new trial for Manuel Cardenas who had been found guilty of murder in the first degree. The judge ruled that the verdict was more severe than the evidence justified. Cardenas was per- mitted to withdraw his plea of not guilty and to plead guilty of murder in the fifth degree which degree was lawful at that time. The judge sentenced him to three years hard labor. 19 A much publicized case was that of Jesus Maria Martinez who was tried at Taos during the spring term, 1864 and found guilty of murder in the first degree. All the original records of the case have been destroyed but the Weekly New Mexican provides the account of the trial and the execution of Martinez. At the late Term (spring, 1864) of Court at Taos this man (Martinez) was tried for the murder of Julian Trujillo and found guilty of murder in the first degree and sentenced by Chief 18 Ibid. no. 1 1 52, Nov. 14, 1862. 19 Weekly New Mexican, Oct. 7, 1864. CHIEF JUSTICE 79 Justice Benedict to be hung upon the 13th of the present month (May). The man killed bore the character of an industrious and useful man who worked at blacksmithing. The killing seemed to have been revengeful, vindictive, and wanton. Martinez fled the country immediately and went to Colorado. He ventured back and was arrested. He appeared to be about twenty-four years of age, small of stature, and supposed himself quite a handsome young man. He was quite dandyish in his dress and appearance. The expression of his face was sinister and wicked. His country- men gave him a cruel and brutal reputation. He was married. He bore his trial and sentence with great fortitude yet it was plain that his bitter and proud spirit was tortured. He labored to conceal all. He manifested great concern when informed by the Judge the means recommended to the sheriff to prevent his escape. Martinez was defended by Merrill Ashurst, one of the most able attorneys in the Territory. The proof, however, was too full and overwhelming to be resisted. . . The best of order prevailed at the execution. A great con- course of people were present at the gallows. Ever since the sentence of Martinez, the conduct of the county officers and the people have been entitled to much credit. The Judge of the Probate Court, Santes Estevan, gave the sheriff every assistance in his power. A guard was kept at the jail and the people, who were summoned to serve, did so cheerfully. Sheriff Don Pedro Valdez asked the Brigadier General of the Militia for a company of soldiers to be present. All were promptly on the ground and all well armed. The prisoner was attended to the gallows by a priest. When he came within sight of the frame (gallows) all the bravado he had shown at his trial seemed to give way and desert the victim. At the gallows he had to be lifted, so completely unnerved was he. After he fell, he hung one-half hour. So has perished another murderer. So has ended the life of one who practiced his brutal bravado upon the living. We give our sincerest thanks to the people and officers of Taos who have stood so faithfully to aid the execution of the laws. 20 2 *Ibid. May 7, 21, 1864. 8o KIRBY BENEDICT: FRONTIER JUDGE The legend of Judge Benedict's speech at this trial still persists although the original was destroyed in a fire that damaged the courthouse in Taos. In recent publications, a discrepancy exists between the dates of the execution and the name of the accused. If Jesus Maria Martinez was the identical person reportedly addressed by Benedict as Jose Maria Martin, a degree of authenticity may be given the speech. Doubt exists when the judge was alleged to have made the speech in 1861, three years before the news account above was published. No other remarks of the judge disclose such utter lack of sympathy for the accused when he imposed the death penalty. Jose Maria Martin, stand up! Jose Maria Martin, you have been indicted, tried, and convicted by a jury of your country- men of the crime of murder, and the court is now about to pass upon you the dread sentence of the law. As a usual thing, Jose Maria Martin, it is a painful duty for the Judge of a court of justice to pronounce upon a human being the sentence of death. . . You are a young man, Jose Maria Martin - apparently of good physical condition and robust health. Ordinarily you might have looked forward to many years of life, and the Court has no doubt you have, and have expected to die at a ripe old age; but you are about to be cut off in consequence of your own act. Jose Maria Martin, it is now springtime. In a little while the grass will be springing up green in these beautiful valleys, and on these broad mesas and mountainsides flowers will be bloom- ing; birds will be singing their sweet carols, and nature will be putting on her most gorgeous and her most attractive robes, and life will be pleasant and men will want to stay, but none of this for you, Jose Maria Martin. The flowers will not bloom for you, Jose Maria Martin ; the birds will not carol for you, Jose Maria Martin ; when these things come to gladden the senses of CHIEF JUSTICE 81 men, you will be occupying a space about six by two beneath the sod, and the green grass and those beautiful flowers will be growing above your lowly head. . . . the Court was about to add, Jose Maria Martin, "May God have mercy on your soul," but the Court will not assume the responsibility of asking an allwise Providence to do that which a jury of your peers has refused to do. The Lord will not have mercy on your soul ! . . . 21 Some of the tales of Judge Benedict's circuit rides are still extant. In the early spring of 1864 he and five attorneys 22 left Santa Fe to hold the court terms in Las Vegas, Mora, Taos, and Rio Arriba. Four of them rode in Concord carriages and the others were on horseback. By the time they reached Apache Canyon, a strong east wind lashed snow and sleet in their faces. So thick was the snow that they could scarcely see the horses and mules yet by the trusty animals' instinct, the lawyers were able to follow the road as far as Martin Kosloski's public house where all spent the night except R. H. Tompkins who rode onward alone to stay with a friend at San Jose. 23 For ten years Judge Benedict had never missed hold- ing court in his district except once when the Confed- erate forces occupied Santa Fe. He determined to maintain his record for punctuality. According to law, if he did not reach Las Vegas by midnight, the legally designated time for court would have expired and no session could be held unless special provision was made. 21 Ralph Emerson Twitchell, Leading Facts of New Mexico History, n, (1912), 394. New Mexico Bar Association Minutes, i8qo, 56-7. 22 Weekly New Mexican, April 9, 16, 23, 30; May 21, 1864. U.S. Attorney General Theodore D. Wheaton, Richard H. Tompkins, Charles P. Clever, and Merrill Ashurst. 23 Don Pablo Antonio Sena. 82 KIRBY BENEDICT: FRONTIER JUDGE The judge started for Las Vegas despite the inclem- ent weather. Samuel Ellison and Charles P. Clever went with him. Clever had ridden with the judge all the way from Santa Fe so now he exchanged his seat in the carriage for Ellison's saddle horse. The judge and his two companions arrived at Las Vegas at ten in the evening. The sheriff was summoned out of bed, court was opened and adjourned. Thus the term was saved. When court session was ended at Las Vegas, they left for Mora. The first town en route was Sapello where two saw mills were operated by the Sapello River. The demand for lumber to build military posts stimulated the business of the mills. The next day they continued their journey to Mora. Court was immediately organized and business promptly completed. Praise was given the people of Mora County for having built such a good courthouse and the safest jail in the Territory. The court occupied the entire upper floor while the lower was divided to accommodate the jury and county offices. The jail adjoined the adobe courthouse and was built of rock laid in solid masonry. The fines assessed and paid upon conviction amounted to $90. Two men were tried for alleged participation in a lynching. Both were acquitted. When the one-week court term at Mora was con- cluded, the circuit riders left for Taos in the afternoon. After riding twelve miles, they reached Guadalupita where a chronicler of the journey wrote during those war years, "Guadalupita is a place where one might exclaim with the Irish poet, Thomas Moore:" CHIEF JUSTICE 83 If there is peace to be found in the world, The heart, that is humble, might hope to find it here. This small village at the foot of the mountains was the last the travelers would see on the road to Taos. The pines stood tall and straight at the mouth of the canyon from which Coyote Creek emerged to spread its waters among the farms in the valley. As Judge Benedict and his companions proceeded, the canyon narrowed, zig- zagged upward, then swirled its snow water over and around the boulders blocking its course. Nineteen times the judge urged his struggling team into the stream before he crossed to the opposite bank where there was scarcely enough room for the carriage wheels to turn without scraping the canyon walls. At another narrow passage, the road followed the stream bed for a distance of eight rods. Good advice was given by one of these travelers. "When one is on wheels, he should be sure he has mules or horses that will never balk going up hill and will go down without alarm. The driver should be patient, steady and alert. The harness ought to be too strong to be broken and the carriage the best of Concords." After emerging from the gorge, the road meandered over hill and down a steep pass to turn northward to Black Lake. Although there were still many miles to travel over more hills and through ravines, they were now near the Santa Fe Trail over which they could continue their journey with comparative ease to Taos. On a previous occasion Benedict had gone to Albu- querque with Attorney General Clever to substitute again for a vacationing judge when an accident oc- curred. He stopped to speak to an old acquaintance 84 KIRBY BENEDICT: FRONTIER JUDGE when the horses became restive. Clever jumped from the carriage to try to quiet them but the reins broke and they ran away. One wheel struck a knoll which caused the carriage to lurch and pitch the judge out, injuring his back. As soon as possible he was taken to the home of Antonio Lerma where he received attention. The people of that district had been afflicted with both uncertainty of the law and of the courts ever since Judge Benedict left after his promotion to the chief justiceship. Then when he was about to hold a special term, his accident prevented his doing so. 24 Court cases did not occupy all of the attention of the chief justice. The battles fought on the eastern front, the invasion of New Mexico by the Confederate forces, and political dissensions all around him caused him considerable anxiety. Yet the future of New Mexico and her mineral wealth did not go unnoticed. When Albert C. Benedict arrived in Santa Fe en route to the gold mines of Arizona, the judge's interest in prospecting was heightened. He referred to Albert Benedict as a "distant relative." 25 Portions of the latter's letters are quoted : Pima Villages, Arizona May 21st, 1863 Hon. Kirby Benedict, Chief Justice Santa Fe, N.M. Dear Sir: Doubtless you wonder why I have delayed so long in writing to you. The reason is that until now we had not accomplished the exploration we intended nor the successes we 24 Rio Abajo Weekly Press, Albuquerque, June 30, 1863. 25 Albert Case Benedict was born at Barton, Mich., on Oct. 13, 1830. His father, Allen Benedict, was a miller at Port Huron. The letters were pre- sented to the Arizona Pioneers' Society by the estate of his daughter, Mrs. Charles Wiswall, formerly Mrs. William C. Green. Dan Ellis Conner, The Walker Party in Arizona, p. 103. CHIEF JUSTICE 85 hoped for. I have not now sufficient space or time to give you a detailed narrative of all our travels since I left Santa Fe. I will, however, tell of our last prospecting trip. Our party left these villages to search for gold on a stream northwest of this place. We consisted of twenty-five men with the well-known Captain (Joseph Reddeford) Walker as our chief and guide. We left on the 20th of April and returned on the 1 8th of the present month. We went only one half of the distance we intended on account of some dissension in our party. We found the expected stream and travelled up it about eighty miles. For about sixty miles we found gold prospects not very encouraging; after that they became much better and the gold coarser. We arrived at the head of the stream where we prospected for three days. The results were favorable indeed. Each pan of dirt yielded from ten cents to a dollar. We found plenty of water and the mines are extensive. I think that considering the prospects we found, I can make from fifty to one hundred dollars a day, perhaps more. These mines are situated in one of the most beautiful localities of New Mexico. . . The stream upon which the gold was found is not laid down upon any of the maps and was entirely unknown to the whites until a short time ago. . . The country east of the mines, as far as the eye can reach, is covered with a dense growth of pine. Captain Walker says that there is a fine agricultural country on the San Francisco river and that a good wagon road can be made from the mines to the Beale road. . . A road opened from the mines to Santa Fe would be the making of New Mexico. While at the mines, a party of four of us went out about six miles from camp where we found what we consider of far greater value than gold. We found what we all pronounced to be silver lodes. These lodes are in great abundance and of a superior quality and I think they will lay Washoe in the shade. The facilities for working these silver lodes are splendid. Timber is abundant, water in every gulch, and the finest grazing country you ever saw. The Indians are friendly but how long they will remain so, I cannot tell. . . Now, Judge, I have given you a plain unvarnished statement 86 KIRBY BENEDICT: FRONTIER JUDGE of the discovery. I will now tell you what I am going to do and I want your advice how to proceed. I am the discoverer of the silver lodes and I believe I am entitled to the claim of the same. I am going to locate claims for some of my friends in Santa Fe. I send you a list of them. I wish to know if I can organize com- panies and locate claims for them and if the proceedings must be recorded in Santa Fe in order to secure legal rights. Please write to me and direct your letter to Pima Villages, Arizona, to be forwarded to the Walker Mines, care of W. A. White, Esq. and I will be sure to receive same. Send by Military Express. I am, Sir, with great respect, Your friend and obt. servant Albert C. Benedict Two days later Albert Benedict again wrote to the chief justice having omitted some information from his previous letter. He gave a more detailed description of the terrain, the rivers, and mountains. Five Mojave Indians acted as guides for the first six days of the journey. These Indians had recently made a treaty with the Pimas and Maricopas. From Maricopa Wells he wrote : Hon. Kirby Benedict, Chief Justice Santa Fe, New Mexico Dear Sir: . . . Now, Judge, I will tell you what my opinion is in regard to the mineral wealth of that portion of New Mexico lying between the Beale road and the Gila river. It abounds in gold, silver and copper. There is not the same number of square miles on the American continent that contains the same amount of mineral wealth as does the section described. We found the gold in paying quantities on the river Prieto over two hundred miles from this place but the Indians were so hostile that we could not work there. It is only a matter of time when this country will be developed as another California and a Washoe. We need first to drive out the Indians. When I left Santa Fe, Surveyor General Clark gave me a map of this territory and I promised to note down on the map CHIEF JUSTICE 87 any mistakes I might find ; also any discovery I might make. Please tell him that I will do so when I get another opportunity to write and will send him the map corrected with these streams we found, their locality and sources. I understand that a bill passed Congress for the organization of the new Territory of Arizona. Can you inform me where its present boundaries are? I wish to know whether or not our newly discovered mines are in the new Territory. I have asked Captain Walker to write to General Carleton regarding our discoveries but he does not want to do so. I sup- pose his modesty keeps him from it. He says he cannot write well enough. Please communicate to the General what we have accomplished in searching for mines. We get no war news here. We do not even know what is going on in Tucson. I send herewith a specimen of gold. I am fraternally Your friend and Obt. Servant (Signed) Albert C. Benedict Headquarters Dept. of New Mexico Santa Fe, N.M. June 25, 1864 Official Ben C. Cutler Asst. Adjt. General On August 8, 1863, Albert C. Benedict posted the following notice on a tree in the Yavapai District: We, the undersigned, claim four thousand feet of this lode commencing at this tree upon which this notice is posted and running a southernly course along said lode for the distance aforesaid. The signatures were Albert C. Benedict, Kirby Ben- edict, Kirby T. Benedict, Jr., Henry Carleton, Charles P. Clever, James Ellison, Merrill Ashurst, King S. Woolsey, John A. Clark, Peter Allison, Augustin W. Hunt, Joseph Cummings, Charles G. Parker, John C. McFerran, John H. Miner, James L. Johnson, George Lount, Gustave Ellsbury, and Jacob Omsbury (sic). 88 KIRBY BENEDICT: FRONTIER JUDGE General James H. Carleton appointed Albert C. Benedict his attorney "to take up, locate and register, in accordance with the laws of the Territory of Ari- zona, mining claims upon any ledge, lode or vein of gold bearing quartz or of silver, copper, cinnabar or any other metal or ore; and as his attorney to hold the same for his use. . ." This was signed July 20, 1865. Due Process of Law in the Indian Pueblos THE STOLEN PORTRAIT OF SAN JOSE Acoma v. Laguna The Acoma and Laguna Indians were neighbors but not friendly ones. Two important cases were tried by Judge Benedict during his first term as associate justice. Both were appealed to the supreme court and his decrees affirmed. Acoma Pueblo El Penol, the Pueblo on the Rock, is the only one of the southwestern pueblos that has not changed its site since the arrival of the Spaniards in 1539, although two villages, Acomita and McCartys, have been established twelve miles north where they have irrigated farms. The majority of the population live in these villages but all important ceremonies are held at old Acoma. Captain Alvarado, a member of Coronado's expedi- tion in 1540, reported that the village on the rock was so high that even a good musket ball could not reach the top. The one entrance was by a stairway which began on a gentle slope at the foot of the rock. The ascent continued by two hundred broad hand-hewn steps, then by one hundred narrower ones. The remain- ing distance was accomplished by mere toe holds. 1 1 Leslie A. White, "The Acoma Indians," Bu. Am. Ethnology, 47th Ann. Rep., 1929-1930, pp. 17-192. go KIRBY BENEDICT: FRONTIER JUDGE On the summit of this almost inaccessible 400-foot mesa, these Indians had built about two hundred houses from two to four stories high. This village was enclosed by a stone wall of both large and small rocks which could be used to roll down upon the heads of their attackers without exposing themselves to their enemies. There was sufficient space on this "Sky Pueblo" to raise and store a large amount of corn. Water was supplied by cisterns constructed at the expense of their own backs. Their garments were made of buffalo and deerskin. Wild turkeys were domesticated and their feathers used for their robes which were woven from the fibers of the maguey plant. 2 Their mission was built on the "rock" and here was hung the portrait of San Jose. The Saint is usually represented as a bearded man dressed in classical gown and mantle, holding the Holy Child in one arm and in the other, a staff crowned with flowers. 3 It was for the possession of this portrait that the Acoma Pueblo brought suit against the Laguna Pueblo before Judge Benedict in Tome, Valencia County, April, 1855. It was alleged that under the pretense of a loan, the Pueblo of Laguna borrowed this painting of San Jose from the Acoma Pueblo for the purpose of celebrating Holy Week. 4 The Lagunas, having obtained possession, refused to return the portrait. The Acomas claimed that this was a fraud to deprive them of their Saint. 2 Herbert E. Bolton, Spanish Exploration in the Southwest. 3 Fray Francisco Anastasio Dominguez. Missions of New Mexico, 1776. Translation by Adams and Chavez, p. 361. St. Joseph, Senor, San Jose, Spouse of the Virgin, is seldom referred to in Spanish without the prefix Senor (Lord) and often with Patriarca before or after the prefix. 4 Feast Day, March 19. THE PORTRAIT OF SAN JOSE gi_ They appealed to their priest who was conceded to have authority and jurisdiction over the controversy. Thereupon, he directed the painting returned and caused the two pueblos to appear before him in Acoma. For the final settlement, he asked them to earnestly and fervently call on God and the saint for right and justice to prevail. Then he proposed that they draw lots. Twelve lots were placed in a vessel in the church. All were blank except one on which a picture of the Saint was drawn. Two little girls were selected and placed on opposite sides of the vessel. One represented Acoma, the other Laguna. The first, second, third, and fourth lots were blanks. The fifth, drawn by the Acoma girl, was the sketch of San Jose. The priest then declared that God and the Saint had decided that the painting should belong to the Pueblo of Acoma. But the Pueblo of Laguna, wholly disregarding the decision thus solemnly made and sanctioned by the priest, returned the same day, strongly armed, and threatened to break down the door of the church unless the painting was given to them. The Pueblo of Acoma was weak and powerless against the strength of the Lagunas. They were advised by the curate to avoid bloodshed and to deliver the painting of San Jose to the Lagunas who retained it against the wishes and consent of Acoma. The Pueblo of Laguna, through their attorney, tes- tified before Judge Benedict that they knew nothing of the origin of the painting except from the traditions of their old men which clearly and conclusively estab- lished their right to it. It was universally believed that 92 KIRBY BENEDICT: FRONTIER JUDGE after the conquest of New Mexico by Spain, a bishop gave the painting of San Jose to the Pueblo of Laguna. They charged that the portrait was clandestinely taken from them and when they went peacefully to reclaim it, the Pueblo of Acoma refused to surrender it. There- upon a Catholic priest proposed that they draw lots for it. To this the Acomas agreed but the Lagunas objected as they believed they held rightful title. They took it from the Acoma Pueblo as they claimed they had a right to do and have ever since that time continued to keep, use, and claim it as their own up to the time of the institution of the suit against them. After all testimony was given and duly considered, Judge Benedict decreed that the painting of San Jose be restored to the Acoma Indians. Not content with the decree, the Lagunas appealed to the supreme court. The case was heard before Judge J. J. Davenport at the January term, 1857. Laguna was ably represented by Attorneys Spruce M. Baird and Hugh N. Smith. Merrill Ashurst argued the cause of the Acomas. The decree of Judge Benedict in the lower court was affirmed. 5 After. the conclusion of the trial, Judge Benedict made another one of his frequently quoted comments. The history of this painting, its obscure origin, its age, and the fierce contest which these two Indian pueblos have carried on, bespeak the inappreciable value which was placed upon it. . . This painting has well nigh cost these two pueblos a bloody and cruel struggle and had it not been for the weakness on the part of one of the pueblos, its history might have been written in blood instead of the Courts of the United States. 5 Original records of this case may be found in the old district court records which are deposited in the county courthouse, Las Lunas, Valencia County. Report of Cases in Supreme Court, New Mexico, I, 220-226. STOLEN DOCUMENTS 93 Such is the appreciative value that one witness swore that unless San Jose is in Acoma, the people thereof cannot prevail with God. All these supposed virtues and attributes appertaining to this Saint and their belief that the Throne of God can only be successfully approached through San Jose, have contributed to make this a case of deep interest, involving a portraiture of the feelings, passions, and character of the people. However much the philosopher or Christian may smile at the simple faith of the people in their immediate and entire Guardian of their Pueblo, to them it was "a pillar of fire by night and a pillar of cloud by day," the withdrawal of whose light and shade crushed the hopes of these sons of Montezuma and left them victims of doubt, gloom, and fear. This cherished object of the veneration of their long line of ancestry, this court permanently restores to the Acomas and by this decree confirms to them and throws around them the shield of the law's protection in their enjoyment of their religious love, piety, and confidence. THE STOLEN DOCUMENTS DATED 1689 Acoma v. Victor de la O This case was heard before Judge Benedict during the November, 1854 term of the district court at Socorro, Third District. By some means unknown to the people of Acoma, the title to their land had come into the possession of Victor de la O, Vicente Ariluead, and Ramon Sanchez who refused to return the docu- ments unless the Acomas would pay the sum of $600. This was alleged to be fraudulent possession and extor- tion. The court exonerated Vicente Ariluead and Ramon Sanchez but decreed that Victor de la O surrender the documents and be enjoined from destroying or dis- posing of them in any manner detrimental to the pueblo. 94 KIRBY BENEDICT: FRONTIER JUDGE It was ordered that a copy of the decree be entered upon the records of the court and that it also be re- corded in Valencia County where the lands of Acoma are situated. From this decree, which taxed the costs against Victor de la O, he appealed to the supreme court. The case was heard by Judge Benedict at the January term, 1857. Theodore Wheaton was attorney for Victor de la O and Hugh N. Smith for the Acomas. The Pueblo of Acoma, by their Governor Juan Jose Lovato, alleged that the pueblo was the owner of a certain tract of land in Valencia County which had been granted them by the king of Spain; that the titles had been made out in due form and deposited in the archives of Santa Fe; and that Victor de la O had no right to them. Both documents, labeled A and B respectively, were dated September 20, 1689, in the Pueblo de Nuestra Sefiora de Guadalupe del Paso del Norte. They fur- nished proof of the rightful ownership of the land of the Acoma Pueblo. These ancient documents, now deposited in the United States Land Office, Santa Fe, are still quite legible although written in old Spanish which differs somewhat from the modern. For that reason a literal translation is not presented. His Excellency Don Domingo Jironza Petroz de Curate, Governor and Captain General, stated that by his authority in the Pueblo of Acoma, over the Queres Indians and over the apostates in New Mexico, he ordered the Indian Bartoleme de Ojeda to speak the truth and declare in his confession the condition of the Pueblo of Acoma and of the other apostates in that kingdom. The Stolen Portrait of San Jose In the nave of the Mission San Esteban del Rey, at Acoma. See text page 90. Courtesy of James M. Slack, Historical American Buildings Collection, Library of Congress. £*J* hj^^ii*'* Sy-*t ££>'; &"£, \ jtffel. Xf-J&w < $**~Z*j&*' ~-™ 'y&A--/nC> Land Grant to Acoma Pueblo, 1689 Portions of the first and last pages of the three-page document. Courtesy of the New Mexico Archives, Santa Fe. mgmmmmmmmm An Air-view of Acoma Pueblo El Penol Courtesy of the New Mexico Tourist Bureau, Santa Fe. A View in Pueblo Acoma From the Ben Wittick Photograph Collection, Laboratory of Anthropology, Santa Fe. Courtesy of Miss Laura Gilpin. Ph CJ 2 * X STOLEN DOCUMENTS 99 Ojeda, who could speak the Spanish language and read and write, had been most conspicuous in the battles of the rebellion of 1680 and had been seriously wounded by a ball and arrow. He was examined before General Don Pedro Venero de Passada who had recently returned from New Mexico. The Maestro de Campo, Baninguas Mendoza, was also present during the examination. Ojeda was asked his name, where he was born, his age and occupation, and whether or not he knew the conditions of the Acomas and Lagunas who were neighbors. The Indian replied that his name was Bartolome de Ojeda, that he was a native of the Pueblo of Zia in the province of New Mexico; that he was twenty-one or twenty-two years old, more or less ; that he had no other occupation than that of a warrior, and knew the condi- tion of Acoma and Laguna because he was an apostate in the province of New Mexico. He was then asked why the Lagunas and Acomas, being neighbors, disagreed so much and why the Acomas left their pueblo. He said that the Acomas had moved to El Penol on account of the many wars between the two pueblos. When questioned about the cause, Ojeda stated that the Lagunas had moved near Acoma on account of the abundance of water there but were permitted to use only the surplus. The infringement of the water rights of the Acomas led to many conflicts. Although the Acoma Pueblo had later moved to El Penol, they had not lost their right to the water. In defining the boundaries of Acoma, Ojeda said that the Prieto Mountains were on the north, Gallo ioo KIRBY BENEDICT: FRONTIER JUDGE Spring west, Cubero Mountain lay opposite the old Pueblo of Acoma and the Penol Rock was on the south. These boundaries were ratified by the Indian Poc-pec, a native of San Juan Pueblo and one of the Los Teguas tribe. He was obeyed by all at the time of the insurrec- tion. Alonzo Cochiti, Don Luis Tipabu, and several other captains of these pueblos had also agreed that the water belonged to the Pueblo of Acoma and that Laguna was to collect only the surplus remaining. Ojeda was asked to identify the pueblos by their legitimate names and to tell which ones were the most rebellious. He stated that those belonging to the Queres nation were the pueblos of Zia, Cochiti, Santa Do- mingo, Zemez (Jemez), Pecos, Tbanos, Teguas, Picuries, Penol Acoma, Laguna, Moqui, and Zuni. (He omitted Santa Ana.) The people of the Tbanos nation, whose pueblos are seven leagues from the city of Santa Fe, had deserted all but San Lazaro and San Cristobal. Of the eight pueblos of the Teguas, only Galisteo, San Juan, and San Dia (Sandia) were inhabited. The most rebellious pueblos during the insurrection were San Dia, Felipe, and Cochiti. 6 The two documents, labelled A and B, were signed by Don Domingo Jironza Petroz de Cruzate and Bartol- ome de Ojeda and witnessed by Don Pedro Ladron de Guitarras (Guitterez). 6 The present Keresan or Queres pueblos are Cochiti, Santa Domingo, San Felipe, Santa Ana, Zia, Laguna and Acoma. The Tanoan pueblos consisting of three groups are: Tiwa or Tigua group -Taos, Picuris, Sandia and Isleta; the Tewa or Tehua group -San Juan, Santa Clara, San Ildefonso, Nambe, Pojoaque, Tesuque and Hano on the First Mesa in the Arizona Hopi country; the Towa group -Jemez and Pecos but the latter is now extinct. The Piro and Tano groups are also extinct. San Lazaro was a Tano pueblo. STOLEN DOCUMENTS 101 Victor de la O, through his attorney Theodore D. Wheaton, stated his conviction that he had the just right to the possession of these old documents. Judge Benedict ripped his testimony to shreds. 7 De la O claims not only the right to retain the original docu- ments but also refuses the people of Acoma a copy of the con- tract, allegedly made in 1850 between himself and the Pueblo, wherein the latter agreed to pay him $600 in money or lands for the return of the documents. With much complacency he asserts that if the Acomas, by negligence or lack of care, have lost their copy, it gives them no valid right to take from him the original documents without compensation, which by the care and diligence of himself and his ancestors, has been preserved from loss and destruction until 166 years after execution. A term not infrequently used to denote chancery powers is that "the arm of the chancellor is long." The expression is imposingly true if his arm can stretch itself through the long line of ancestral rank of this defendant and lay his hand on the tomb of him who somewhere at the close of the seventeenth century became the custodian of these ancient documents and by his care and diligence incurred a pecuniary debt against Acoma and handed the debt, the documents and their custody down from sire to son ; the claim allegedly increased from new service rendered by each succeeding generation until at last this defend- ant became the lucky recipient of so many ancient merits. As the chancellor's arm gathers the various and steady ac- cumulations through the years, amounting to $600, from the property of the Indians of the Penol Rock of Acoma into the hands of Victor de la O, we will follow the defendant in his account of the circumstances under which he became keeper and possessor of the documents. The defendant calls his narrative which follows, "shedding further light upon the ancient docu- ment." He states his age to be fifty-four years, birthplace Chihuahua, 7 Report of Cases in Supreme Court, Ne a^*&6 &Z^j? tfi/ rf/^6*£ Benedict's Letter to Lincoln, June 2, 1861 Portions of the first and last pages of this twelve-page letter. See text page 135. From Record Group no. 60, The National Archives, Washington, d.c. m a * . S-2 9 -SS > V o £ S M So T3 3 WASHINGTON CORRESPONDENCE 149 attorney, is little fitted in spirit, action, or disposition for a tumultuous period. In a crisis like the present, let me suggest that you stir him up and with unmistakable directions instruct him at once in the general line of conduct the Government requires of him. We have few lawyers here. The language is a handi- cap. Unfortunately, those who are here have become so deeply compromised with secession opinion, sym- pathies, and virtues, as to necessarily preclude them from any United States trusts in New Mexico during the present difficulties. . . Mr. Wheaton lives at Taos. I have not yet heard what his interests and sentiments are. I am not counseling his removal but do suggest you wake him up, stir him about. The Gazette, published by Collins, 15 Indian Agent, is now and for the most part of the past year been edited by a Mr. Russell, 16 a former Indian Agent who was removed by Lincoln. He is from Virginia. You will see by the package sent (newspapers) 17 that he is against the President, the North, the Government, and 15 James Collins, born, Crab Orchard, Ky., Feb. i, 1800; emigrated to Booneville, Mo., in 1819; in 1826 made first trip across the plains to Santa Fe with a pack train; from Santa Fe went to Chihuahua in 1828; engaged in business there until the war with Mexico started, then returned to Santa Fe; in 1852, established Weekly Gazette, publishing it until 1858 when he was appointed Indian Agent by President Buchanan; reappointed by Pres- ident Lincoln; took active part in the Civil War in the west in 1862; was in the battles of Valverde and Glorieta; on June 6, 1869, was killed by robbers who stole $100,000 from the U.S. Depository. Three days later $65,000 was found in an adjacent brewery. 16 John T. Russell, editor Gazette; in an editorial July 13, 1861, advocated neutrality in New Mexico. Neither abolitionists or secessionists should mix in her affairs - she wanted only to be left alone. 17 The package of newspapers included the Mesilla Times, Feb. 13, March 2, 16, 30, May 17, June 1, 8, 1861; Gazette, May 4, 11, June 15, 1861. National Archives, Justice Department Records, Attorney General's Office mss, Kirby Benedict appointment papers. i5Q KIRBY BENEDICT: FRONTIER JUDGE the Union. The paper's influence is pernicious. . . The Gazette has the contract to print the laws of the last legislature. The former secretary of the Territory of New Mex- ico is anxious for Collins to change the columns of his paper. Russell does not directly denounce the Govern- ment . . . but some articles offend the people. I have the honor to remain very respectfully Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico Santa Fe June 25, 1861 Hon. Edward Bates Attorney General Washington, D.C. Sir: Last week I sent you a long letter in reference to matters out here. I also sent you some newspapers. Every week develops something in this Territory that should be known in Washington. Herewith, please find the Mesilla Times sheet of the 15th inst. and the editorial column of the Santa Fe Gazette of June 22, 1861. From the paragraph marked in the latter, you will perceive that the editor has omitted the expression of his own sentiments and writes in behalf of the Davis organization and leaves his readers to believe or disbelieve as suits pleasure or inclination. The Times is open and avowed in its treasonable sentiments and designs. In this it is encouraged by the expected presence of Texans troops at Fort Bliss (El Paso) fifty miles below Mesilla. The Americans in Mesilla, who appear "ripe" for rebellion, doubtless WASHINGTON CORRESPONDENCE 151 have promise from the Texas forces in the Southern organization. You are aware of the reference made to Arizona in the proceedings, acts, and proclamations at Mont- gomery. Sir, I am unhesitating in urging upon you and through you, the President and his cabinet that the turbulence, the menace, and the treasonable avowals and designs in Arizona should be crushed out at once and with as much quickness of strokes as legitimate practice and the laws can exert. The Government should act with energy, unstinting energy, complete energy, in its military and civil de- partments in New Mexico. Then will government and political demoralization "go to its end" in all this Territory as it was brought to a sudden "stand" and a "stop" in the States by wonderful and powerful move- ments of the President, the Government, the friendly and faithful States and their people. A letter has arrived from Las Cruces, written by Don Lorenzo Labadie, United States Indian Agent assigned to duty in Arizona, in which he reports to Superintendent Collins that he has been waited upon by a committee from Mesilla who showed him the "resolutions" (I sent you last week) that no appoint- ment by the Republican and Lincoln administration would be recognized in that country and that it would be resisted by all their power. Furthermore, a barrel of "tar and feathers" was prepared for any Lincoln appointee who should attempt the exercise of his office. The agent is alarmed for his life although he is among the most intelligent, brave, and competent of the Mex- icans. 152 KIRBY BENEDICT: FRONTIER JUDGE Jones, 18 the previous collector of this Department and now sutler at Fort Fillmore, seven miles below Mesilla, is said to be commissioned by the Montgomery organization as collector and is really collecting revenue for that body. Now, Sir, how long is this state of affairs to be tolerated within United States territory? One of the deputies, as the Mesilla Times has pub- lished, has fled down into old Mexico and carried with him all the United States money on hand. You cannot but reflect how important is the holding of a United States court in that district and the action of the judge and district attorney. I mentioned the latter in my last letter. The people in Arizona are not in favor of transferring Arizona to the Davis plan. Sidney A. Hubbell, the new judge for that district, has but slight judicial experience but his intentions are all right. The death of Senator Douglas 19 falls with all the force of deep pungent grief upon his friends here. In times now past by many years, I used to travel the circuit in Illinois in the practice of law in company with Douglas, President Lincoln, and Senator Trum- bull of Illinois; Baker 20 of Oregon, and McDougall 21 18 Samuel John Jones, native of Virginia; listed in the U.S. Census i860, as U.S. Customs Collector for Las Cruces. In March 1862, was nominated marshall of Arizona by Jefferson Davis and continued to espouse the cause of the Confederacy. 19 Stephen A. Douglas, born, Brandon, Vt, 1813; admitted to the bar and practiced at Jacksonville, 111., in 1834; judge of Illinois Supreme Court 1841-1843; member Illinois House of Representatives; U.S. Senator 1847- 1859; died 1861. 20 Edward E. Baker, member California bar; shortly before the Civil War he went to Oregon where he was elected to the United States Senate but resigned to serve in the Northern army and was killed at Ball's Bluff. 21 The National Encyclopedia of American Biography, vol. XI, 331. James Alexander McDougall, born, Bethlehem, N.Y., Nov. 17, 1817; studied law WASHINGTON CORRESPONDENCE 153 of California. I have felt greatly sad since the news of the decease of Douglas arrived here. I have the honor to be your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico Santa Fe October 5, 1861 Hon. Edward Bates Attorney General Washington, D.C. Sir: I have the honor, herewith, to enclose to you the Oath of Fidelity and Loyalty taken by me as pre- scribed by Congress for all the officers in the civil department of the Government. I took this oath at once and I will add with pleasure that I required the same to be taken by the clerk of my district and the supreme court. Likewise, I have administrated and caused to be administrated the same to every sheriff in the district and all their officers who have been sworn by me since the arrival of the notice of this act of Congress. I have not stopped to inquire whether the act included them nor waited for any instructions from Washington. Governor Connelly 22 took the same oath at my hands. and settled in Cook Co., 111., 1837; elected attorney general 1842; reelected 1844; m J ^49 left Illinois to seek gold in Arizona; started for California but lost his way and arrived there in rags. In 1850, elected attorney general; member House Representatives in Congress 1853-1855, declined renomina- tion; U.S. Senator 1861-1867; died September 3, 1867. 22 Henry Connelly, born 1800 in Spencer County, Ky. ; graduated from medical school and opened an office in Liberty, Mo. ; gave up practice to join a party of traders bound for Chihuahua; many years engaged in trade between Missouri and Mexico; served as emissary to General Manuel Armijo from General S. W. Kearny. After the war he established trading centers in Peralta, Santa Fe, Albuquerque, and Las Vegas; was appointed Governor of New Mexico by President Lincoln in 1861, reappointed in 1864; died at Santa Fe, August 12, 1866. 154 KIRBY BENEDICT: FRONTIER JUDGE There are some officers, clerks, employees, and others somewhat connected with the civil administration who have not taken it. They say they have not yet been required to do so by the chiefs of their departments. Judge Knapp 23 took the oath before me yesterday. We have suffered great mischief in New Mexico, since the rebellion broke out, from those whose opinions, sentiments, and sympathies utterly disqualify them for the confidence of the Government. . . I wrote to you a month since that it would not do to confide power to such men. Yet it required some time to disclose prominently the weakness or treachery or both of such infamous beings as Major (Isaac) Lynde 24 of Fort Fillmore's surrender and shame. I propose shortly to write to you some of the chief events that have transpired here of late. We are anxious for Colonel Canby to drive the rebel Texans from Arizona. May all the good and energetic powers speed him. I have the honor to remain very respectfully, Your Obt. Sevt. Kirby Benedict 23 Joseph G. Knapp, born Moravia, Cayuga County, N.Y., 1805; died in Florida, July 2, 1888; ordained a Methodist minister but within a year, united with Episcopal church and attended college at Geneva, N.Y. and the Theological Seminary, New York City; was appointed missionary to the Six Nations at Green Bay, Wisconsin. In 1838 he moved to Madison where he lived for more than twenty years; was editor and publisher of the Wisconsin Inquirer, first paper published in Madison; next, was superintendent of public property for Wisconsin; during that time, studied law and was admitted to the bar in Dane County; in 1861, appointed associate justice of the third district in New Mexico with headquarters at Mesilla. Early in the summer of 1864, Judge Knapp went to Washington where Lincoln accepted his resignation. 24 Aurora Hunt, James Henry Carleton, Frontier Dragoon, p. 207-208. War Reb., ser. 1, vol. iv, part 1, 4, 9, 13-14, 16-30, 49, 62-63. WASHINGTON CORRESPONDENCE 155 Santa Fe October 20, 1861 Hon. Edward Bates Attorney General U.S. Sir, I have the honor to acknowledge the receipt of yours enclosing a commission appointing Mr. (CM.) Archibald, U.S. Marshall for the District of New Mexico. Mr. Holmes, our new secretary, arrived here the 17 inst. and handed me your letter. As soon as Mr. Archibald shall appear I will see to his making his bond. I am informed that he had resided in this Terri- tory and is now somewhere within its limits. Holmes 25 has taken his oath of August 6th and entered upon the duties of his office. In my last letter to you I mentioned those lawyers in New Mexico who are not secessionists. I take this early occasion to state that two others declare them- selves in favor of the United States principles and the Government measures. They did not occur to me while writing my last letter as they are very little connected with practice yet have licenses. The one is C. P. Clever, 26 late marshall, and the other H. K. Johnson Esq. The latter is usually not in good health as he is afflicted with epilepsy. Clever is merchandizing. Colonel Canby is preparing to move his forces to La Mesilla to expel the invading Texans. We pray him speed and success. The latest news from Missouri causes some uneasi- ness among us. Can it be that General (John C.) Fre- 25 James Henry Holmes served for only one year. 26 Charles P. Clever, born Cologne, Germany, Feb. 23, 1830; after arrival in Santa Fe, formed a partnership with Sigmund Seligman, oldest firm in Santa Fe. He served as adjutant general during Henry Connelly's term as Governor and was delegate to the 40th Congress, 1869-1871. He died in Santa Fe, July 8, 1874. 156 KIRBY BENEDICT: FRONTIER JUDGE mont must, with the disadvantage of inferior numbers on his side, fight (Sterling G.) Price? Fremont's fame will be eagle-winged if he conquers captains or dis- perses the secession hosts. If he loses the battle, which Heaven forbid, our difficulties out here will multiply. If the rebels subjugate Missouri, they will be able to give aid and comfort to their friends in this direction. We look anxiously for the news and cannot believe that Fremont will risk a decisive battle without having under his command the elements to work out, through blood and courage, complete success. I have the honor to remain very respectfully, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico SANTA Fe February 2, 1862 Hon. Edward Bates Attorney General U.S. Sir, . . . All causes were determined at the last term of court except Bautiste Vigil v United States. This case was postponed until next term because Theo- dore Wheaton had the smallpox. You are aware that it is a land suit with the Government involving a claim to an immense tract of land and was instituted in pur- suance of an Act of Congress for that purpose. Wheaton still is ill but not regarded as dangerously ill. The smallpox still rages out here. I enclose a number of the Santa Fe Gazette contain- ing the preamble and resolutions in regard to myself passed unanimously by both houses of the legislature at the session just ended. I also enclose to you a letter from C. P. Clever Esq., United States Marshall, rela- WASHINGTON CORRESPONDENCE 157 tive to a malignant, unfounded, and scurrilous attack upon me in a Leavenworth, Kansas, paper. The Texans have reenforced Mesilla with nearly 3,000 men of General Sibley's command. His proclama- tions 27 have been scattered among the people. It is said that the Texans are marching upon Fort Craig. Our entire militia, volunteers and regulars, have gone and are marching to the seat of the expected conflict. Governor Connelly is there with Colonel Canby. Three militia companies were mustered into the terri- torial service and took their oaths. I hope to be able by next mail to give you further and better news. I have the honor to remain very respectfully, Your Obt. Sevt. KlRBY BENEDICT Chief Justice, New Mexico By the year 1862, the popularity of Judge Benedict reached a high level. For reappointment as chief justice he received recommendations from approx- imately one hundred fifty persons. These included all the members of both houses of the legislature, the army officers, citizens, and his friends in Congress and in Illinois. The preamble and resolutions covered several printed pages. One paragraph begins: u Whereas, the said Chief Justice is eminently known throughout the Territory for his patience, impartiality , energy, in- tegrity, justice, learning, and abilities in his judicial acts and duties; for his maintaining the rights of the poor equally with the rich; the feeble as well as the 27 War Reb., ser. i, vol. iv, part I, 89-90, 157-158. Aurora Hunt, Army of the Pacific, p. 56. 158 KIRBY BENEDICT: FRONTIER JUDGE powerful; for his kindness, consideration, and for- bearance in the administration of the law upon the ignorant and misguided; and his vigilance and firmness upon the willful and undoubted criminals. . /' Clinton, Illinois May 8, 1862 Hon. A. Lincoln My Dear Sir, Knowing that you are troubled with applications for office, I have refrained from writing you many letters. Feeling, however, great solicitude that our old friend, Benedict, should be retained in office, I have ventured to address you this note. Judge Benedict, I conscientiously believe, ought to be retained. From all information received from New Mexico, I feel that I know that his reappointment would be acceptable to the people of New Mexico - eminently acceptable to them. Having always entertained feelings of warm friend- ship for Mr. Benedict, I have naturally watched his course there and obtained all possible information in reference to his standing as a judge. The uniform testimony is in his favor. During these troublesome times, he has been the most loyal of the loyal. Sound policy requires that when a public officer is satisfactory to the people and is loyal, he should be retained. A territory like New Mexico needs officers that people are attached to them. They are a peculiar people and in their present condition, new men put over them would exasperate and not conciliate. I know you have the kindest feelings to Judge Ben- edict so do not hesitate to re-appoint him unless state policy, in your opinion, required it. I most respectfully WASHINGTON CORRESPONDENCE 159 submit, that the state policy that must be satisfactory to the people of New Mexico, requires that he should be re-appointed. With high respect, your friend, David Davis 28 Washington, D.C. June 12, 1862 Hon. Edward Bates Attorney General U.S. Sir, I have the honor to acknowledge a letter from your office dated the 10th inst. enclosing a commission appointing me, by and with the consent of the Senate, Chief Justice of the Supreme Court of New Mexico. Be pleased, Sir, to receive my warmest sentiments of gratefulness toward yourself, personally, for the high consideration, which I am assured, I have received at your hands. I beg of you to make known to His Excellency, the President, that I keenly appreciate the confidence he has manifested in continuing in my hands the high trust he has renewed. Coming from one who has so long known me, imparts additional and great value. The best return I am able to make, is to assure him that my efforts will be ceaseless to scrupulously and thoroughly perform all the duties my office shall enjoin. I shall arrive at Santa Fe as early as practicable in July and take and forward my official oath. I was born at Kent, Litchfield County, Connecticut. I have the honor to remain with sentiments of highest consideration, Your Obt Sevt. Kirby Benedict Chief Justice, New Mexico 28 David Davis, see footnote at page 34. i6o KIRBY BENEDICT: FRONTIER JUDGE Washington, D.C. June 12, 1862 Hon. Edward Bates Attorney General U.S. Sir, The disastrous results that fell upon New Mexico by reason of the untoward circumstances of the battle of Valverde, Fort Craig, are not unknown to you. The enemy marched up the country of the Rio Grande taking possession as they went. On March 2, the district commander of Santa Fe issued orders for the removal of military stores and the military abandonment of the city. Upon the next day, March 3 and 4, the removal was completed. The enemy was within seventy miles and advancing. We had no means of successful defense left us. I would not consent to fall into the hands of the Texan ma- rauders. I therefore left with my family upon March 4, and traveled to Fort Union, a point one hundred miles from Santa Fe and to which place the stores and military were moved. My judicial district was in a few days overrun by Texans to such an extent that the effective exercise of judicial functions became impossible. No reenforce- ments had arrived to assist the loyal. I had intended to ask leave of absence to allow me time to bring my children to the States to place them in school after the spring term should have been held. I have two children, one of them being a daughter of fourteen years of age. It was of first importance, with a view to her proper education, that she should be placed at school in the States. So under all these circumstances, I concluded to rely upon the just judgment of yourself and the President WASHINGTON CORRESPONDENCE ifo and cross the plains with my family while there was a suspension of the means to enable me to exert my judicial functions and authority. I did so and brought my family to Illinois where my children are now in school, to them indispensable. My object in writing this is to explain my leaving New Mexico without first procuring leave, as required by statute and the administration and also to seek the "certificate" of his Excellency, the President, that no impediment shall be found in the way of my being paid my salary. I shall return under my new appointment so as to commence the terms in my district. The term will begin the first Monday in August. I trust yourself and the President will pronounce my absence, in the manner and from the motives I have detailed, as being "proper and necessary." As I am about to leave the city to visit some friends in Connecticut, my birthplace, please do me the favor to make known to the Hon. John S. Watts, 29 delegate in Congress, what you and His Excellency, the Pres- ident, shall determine as to this application. I have the honor to remain with sentiments of highest consideration, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico 29 John S. Watts, native of Indiana; studied law and was admitted to the bar in that state ; appointed associate justice, second district, New Mexico, by President Fillmore when New Mexico was organized as a territory; succeeded by Perry E. Brocchus in 1854; Watts then moved to Santa Fe and practiced law; in 1861 elected delegate to Congress; appointed Chief Justice of New Mexico after the death of Slough; died in Indiana, 1876. 1 62 KIRBY BENEDICT: FRONTIER JUDGE Santa Fe August 17, 1862 Edward Bates, Attorney General SIR: Owing to a severe casualty which befell my son in Illinois, eleven years old, and whom I left to attend school, 30 I was delayed in making my journey to this place some few days longer than I had intended. However, I arrived in time to hold my term of court which has just closed in this county and I proceed to hold sessions in the other counties in my district. I have found the inhabitants giving very desirable manifestations of being gratified at my reappointment and seem cheerful and hopeful at the resumption and exercise of judicial authority in their midst and in the recovery of their civil rights and remedies now that the rebel Texans have been compelled to completely abandon our Territory. I am sorry to have to say that on some of our out- skirts, marauding parties have been formed that excite, alarm, and threaten the settlements with mischief. They do not appear to be stragglers from the Texans who invaded the Territory but are made up of restless and unprincipled persons from various parts who avail themselves of the disturbed state of affairs to work out their evil natures. The court, just closed, has been highly interesting and important. I have seen the liveliest zeal on the part of the juries and the ministerial officers to thoroughly 30 N. M. Baker, "The Pioneers of Macon County," ///. State Hist. Soc, Jour., vol. iv, 98-99. Kirby Benedict, Jr. attended the Presbyterian Academy at Mount Zion a few miles southeast of Decatur. The school was founded in 1856 and continued until 1872. A fellow student of Kirby, Jr. has reported that the Judge's son was first named Lamar after the distinguished South- erner, L. C. C. Lamar, but after Lamar joined the Confederacy's cause, young Benedict's name was changed to Kirby T. WASHINGTON CORRESPONDENCE 163 perform their duties and in this they were eminently successful. Mr. Cutler, 31 the newly appointed marshall, has arrived and yesterday entered upon the duties of his office. So far, he appears very well indeed, and I hope he will make a good marshall which the conditions here will greatly need. Enclosed you will find the oath of office (transcript) taken by me. I have not seen the additional one that has been recently prescribed by Congress. I have, however, included what I understood to be its substance. If there be anything deficient, I shall perform whatever is required as soon as I ascertain what further, if any- thing, is needed. I have the honor to remain very respectfully, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico Santa Fe October 25, 1862 Hon. Edward Bates Attorney General, U.S. SIR, I have the honor to inform you of my arrival at this place on the 6th of August and on that day announcing a term of court in my district. I continued and concluded the sessions in all the counties. I also went and held court in the counties of Taos and Arriba in Judge Knapp's district. For eighteen months no term had been held in the latter county and none in the former for twelve months. It was of first importance that they should be held and I had evident reasons to know that the holding of them 31 Abraham Cutler, U.S. Marshall, August 16, 1862-April 23, 1866. Aurora Hunt, Army of Pacific, 268-272. 1 64 KIRBY BENEDICT: FRONTIER JUDGE was productive of highly beneficial public effects. I was induced solely by public and governmental con- sideration. . . I forward to you a copy of Judge Knapp's letter informing me of his inability to be in his district in time to attend to his fall terms. Mention was made in the letter by the judge that he would pay my expenses while on the bench in his district. For fear of being misunderstood, I avail myself of this occasion to state that I at once informed Judge Knapp, upon his recent arrival at this place, that I would not and should not receive any pay from him in reimbursement of my expenses. I performed the duties which pertained to a brother judge wholly from my regard to public requirements, the people's rights, and the Government. I have so many times done the same thing during my occupancy of the bench in New Mex- ico without any other compensation . . . than that which my own mind and spirit supplied. . . I deem it not reprehensible to state that the grand juries in each of the counties in this and Judge Knapp's district, where I held courts, formally and in writing, expressed to me their gratification at my reappointment and my again assuming official duties among them. On trials in proceedings of "Habeas Corpus" I had to determine the case of a negro woman claimed as a slave and also an Indian captive woman. Both were declared "free and set free." General Carleton now commands this Department. I have the honor to remain with sentiments of the highest consideration, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico washington correspondence ^65 Santa Fe, New Mexico December 19, 1863 His Excellency Abraham Lincoln Washington, D.C. Sir, When you re-appointed Judge Kirby Ben- edict last year it was with the understanding that he quit his inebriety and you requested me to inform you if he did not keep his promise. He has lapsed into his old habits and his promise violated in the most public manner. In these moods he visits the gambling Hells and drinking saloons and with a swagger and bluster defiles his judicial robes in such manner as to forfeit the dignity of his position and, of course, respect. This conduct affects your administra- tion. Kirby Benedict is at dagger points with the legit- imate personnel of the courts and has meddled in local and political strifes. On his last circuit he was provided with an escort of armed men by the commanding gen- eral of this Department (Carleton) when no necessity existed for such a guard. He overawed the people of Taos County and pro- duced irregularities in the election there which have taken the legislature some valuable time to rectify. All this is very disgraceful. . . . It is very painful to perform a task like this. His bar companions demand the removal of Kirby Benedict. He has been drunk in the streets. W. F. M.Arny 32 Secy. State, New Mexico Territory 32 W. F. M. Amy, secretary of New Mexico Territory, 1862-1867; served as acting governor fifteen months during absence of Governor Henry Connelly. 166 KIRBY BENEDICT: FRONTIER JUDGE SANTA Fe January 3, 1864 Hon. Edward Bates Attorney General, U.S. Sir, It has been communicated to me "upon the square" according to my informant, that Secretary Amy of this territory was secretly, either alone or with others, writing Washington something to my prejudice. Now this Amy is a moronic maniac, an egotist, and general mischief-maker among us here. The clerk of my court, a short time since, went with- out my previous knowledge to the office of the secretary and talked very plainly under a sense of personal wrong. Among other things, he slapped the face of the young man Amy had in his office. I write this to ask of you that if anything should arrive at your office, from or through Amy, please let me know the charge and complaint. I hope to vindicate myself without difficulty. Mr. Amy is obnoxious to many people here. He is malicious and spiteful toward those who cannot be annoyed by his follies. . . Enclosed is the New Mexican, an unqualified paper for the Union and for which I give some of my time, somewhat "incognito" to writing its editorials. I have the honor to remain very respectfully, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico Santa Fe July 10, 1864 His Excellency Abraham Lincoln Washington, D.C. SIR, . . . Judge Knapp paralyzes judicial pro- cedure by a quarrel he has had for about eighteen WASHINGTON CORRESPONDENCE 167 months with General Carleton, who commands the Department. Knapp's residence is about 300 miles from here at Mesilla upon the southern side of New Mexico. He did not attend the last January term of the Supreme Court assigning the cause that he would not take a pass from the military to travel to Santa Fe. . When court went into session last Monday (July term, 1864) Judge Knapp then presumptuously refused to join in the fixing of the terms and places and announced his settled determination to transact no business of any kind in that court until General Carle- ton should revoke absolutely his orders concerning passports 33 in the Territory. He adhered to his determination for two days. It was impossible to do any business so concurred on an adjournment of the term. Each day he delivered speeches from his seat on the bench to all present against Carleton and the military in New Mexico. His mind seemed in a quixotic state whenever the military are present in his thoughts. His speeches were made with much warmth and he used very strong expressions. The military were in no way concerned with the busi- ness of the court. He refused to hear any motion in any cause from any attorney present. I was powerless to transact any business because the other associate justice (Perry E. Brocchus) was not present. . . . . . I do assure you that I have no conflict with the military; neither General Carleton nor his officers 33 Aurora Hunt, James H. Carleton, Frontier Dragoon. Passport Con- troversy, 248-252. 1 68 KIRBY BENEDICT: FRONTIER JUDGE obstruct or oppose the court. On the contrary, I re- ceive from General Carleton cordial aid and assistance. Three judges are needed in this Territory. According to the present devaluation of the currency and high prices, it is too expensive to repeatedly go into a district of an absent judge. I do not know the cause of Judge Brocchus's omission to come to his place of duty. Per- haps he has resigned. If so, I implore you to appoint his successor. This is not like a new country. It has been settled for centuries and has long established laws and a popula- tion of 80,000. Business has been long established. The duty here is different from that in the States. Send us good men. A narrow and mischievous mind and spirit should never be sent here. No one should be sent here who is not courageous, persevering, and of the highest integrity. He should have manners, deport- ment, and the bearing of a gentleman with good sense enough to make no wanton or unprovoked controversies. He should promote and not paralyze others in the performance of their duties and cultivate harmony with the officers. . . . I learn that Judge Knapp is about to leave for the States. If he goes, I will be the only judge in the Territory. Your unanimous recommendation for the Presidency imparts much gratification to all of us in this region. I have the honor to be with sentiments of the highest consideration, Your Obt. Sevt. Kirby Benedict WASHINGTON CORRESPONDENCE 169 Santa Fe May 16, 1865 To His Excellency Andrew Johnson President U.S. SIR, Permit me in this mode to express my deep gratification at the announcement you have made so clear and determined against the perpetuation of slavery. Every man in this Territory whose sympathies have truly been with President Lincoln . . . rejoices in the confidence that you will be nobly just and that your powerful arm will be vigorous in the punishment of those who willfully supported the rebellion. To me, President Lincoln was a personal friend for a quarter of a century. We practiced law in the same court until I came to this country in 1853, twelve years ago. The enclosed paper will show how his death affected this mixed population. The grief was deep and sincere. The articles in the paper headed "Abraham Lincoln" and signed "Friend," and "Andrew Johnson" signed "Patriot," were written by myself. I trust you will hold me excusable in saying that I desire to stand fair before you as judicial officer in your administration. I have been upon the Bench many years in this Territory. I take the liberty of enclosing a copy of a communication addressed to President Lin- coln and signed by every representative and councilman at the last session of the legislature and by other persons also. The original was sent to President Lincoln while this copy was retained. I deemed it but respectful to him, from whom I received my latest appointment as chief justice, to I7Q KIRBY BENEDICT: FRONTIER JUDGE furnish him the evidence that the performance of my duties was satisfactory to the people. . . It shall be my endeavor, Sir, while I occupy my present official position, to so discharge all the duties of my office that you will find in me no cause for con- demnation. With fervent prayers for your safety and the pros- perity, peace and happiness of the country, I have the honor to be with sentiments of the highest regards, Your Obt. Sevt. Kirby Benedict Chief Justice, New Mexico The judge was generous in the use of his encomiums as he penned the following article for the New Mex- ican, but it was of no avail as President Johnson failed to reappoint him chief justice of New Mexico. In the midst of so great a calamity as that which has befallen the nation in the assassination of President Lincoln, it is a matter of the greatest thankfulness to all patriots that so experienced, able, decisive, and tried statesman as Andrew Johnson succeeds to the pres- idency. A weak, temporizing, vacillating chief magis- trate would be a fearful stumbling block. . . President Johnson had been an eminent statesman in Tennessee and the nation long before the rebel- lion. . . He took a bold stand against the rebellion. In the United States Senate he asserted and maintained his ground with all his well known powers of argument and eloquence. He left the Senate when appointed by President Lincoln to the military governorship of Tennessee. WASHINGTON CORRESPONDENCE 171 He steps to the presidency at one of the most mo- mentous periods of this or any other nation's history. The eyes of the world will be turned upon him. Patriots of this and every other land will hope that he will be equal to the requirements of his position and that peace will be preserved. . . (Signed) PATRIOT The following are excerpts of an eulogy to President Abraham Lincoln which was written by Judge Ben- edict: . . . The faithful of no nation ever wept in deeper bitterness of spirit at their loss of their most beloved and trusted leader, servant and chief. The mind cannot conceive nor the soul explore to full consciousness the extent of the unexampled loss. . . Yet while the true, the just, the downtrodden, and oppressed among all civilized people ponder and mourn over his death, we, his countrymen are now sure of his reputation and his deathless celebrity. Neither is longer subject to changes, accidents, or chance. We may seek some consolation in this reflection when grief shall calm itself. Enmity has robbed him of longer enjoyment and usefulness among the living, but his death at this period of his career, hands his deeds and character over for imperishable inscription upon the brightest scroll, where time and history engrave the loftiest names. . . All patriots in this nation will hereafter glow with pride that Lincoln was their countryman. Parents and teachers will point to his private and public life as 172 KIRBY BENEDICT: FRONTIER JUDGE examples for their children to imitate. His career will be a "pillar of fire" to beckon and lead onward the future sons of freedom and just government. The principles and motives for which the President lost his life, will now accelerate their spread, growth, and strength. The blood of the martyrs, it has often been said, "is the seed of the Church." The voice of the blood of Abraham Lincoln will never cry in vain to Heaven from the free ground upon which it has been shed. (Signed) Friend 34 34 New Mexican, May 5, 1865. Civic and Social Affairs Judge Benedict took an active interest in civic affairs and helped organize the Historical Society of New Mexico. The first meeting to consider preliminary pro- ceedings met in the council chambers in the Governor's Palace on December 15, 1859. The next meeting on December 26, was held in a hall rented from Bishop Lamy for $12 a month. Colonel John B. Grayson was elected president. Kirby Benedict, together with C. P. Clever, Dr. W. J. Sloan, Major J. L. Donaldson, and Colonel Grayson served on the constitution and by-laws committee. The judge was appointed on the history committee along with Joab Houghton and Colonel Grayson. Other committees of note were those on the Indian races, geology, antiquities, and natural history. The minutes of the society x for those early years reveal the endeavors of the judge to further the prog- ress and usefulness of the organization. He introduced a resolution to name as honorary members: His Excel- lency, President James Buchanan, Henry Rowe School- craft, Lieutenant Matthew F. Maury, George Bancroft, Louis Agassiz, General John Garland, Lieutenant Amiel W. Whipple, and John C. Breckenridge. Photo- graphic art was in its infancy, yet Benedict sensed its 1 Laws of NeCE.) ONK COPY, per year, ---■■'.- -f6 00| € months, ----- 3 00 | '• *< a months, 1 75 ! 2** subscriptions received for a less period than three montlis. Rates of advertising. ©2SE SQUARE, (ten lines Minion type), first insertion, - - - - - - - $2 00' £aeh subsequent insertion - - - - 1 50 Special and local uotices, twenty-ftve cents j per line for each insertion. All transient advertising must be paid in ■ ad vance. Regular advertising payable on the last! day of each month. Yearly, half-y»»arlr an 1 quarterly advertise- ments inserted at liberal rates. Benedict as a Journalist The Union's masthead, July 3, 1873. See text page 211. Courtesy of The Huntington Library, San Marino, California. JUDGE BECOMES JOURNALIST 217 The alert editor gave timely advice during the cholera epidemic which was most prevalent in the Southern states. He warned that the pestilence might some day reach New Mexico notwithstanding the clear skies, pure air, and the absence of the filth of large cities. Always there appeared to be in the conscience of the judge an inerasable memory of his intemperance and consequent loss of prestige. He wrote : Temperance and regularity in eating and drinking and the avoidance of all ruinous excesses will promote security, happiness, and well being of all, cholera or no cholera. It will save time, strength, money, morals, conscience, and many a heartache. It will not plant the seeds of wasting regrets and self-inflicted remorse. To cultivate a composed and serene state of mind it is well to take heed of these observances. The judge did not neglect to report the activities of the ladies. A group of them accompanied Major Nash, chief commissary, to Fort Stanton for a short visit. Here again the editor assumes the part of a publicity agent, by explaining that such excursions refresh the spirits, arouse attention to the varied scenes, form valued acquaintances, promote health, and generally put persons in better spirits with themselves and the world. As a sports editor he informed his readers that a baseball club had been organized. 17 He defended the bull whackers who had been stig- matized by some of the writers on the Atlantic sea- board. The clumsy appearing whip of the teamsters had a short handle and a very long and heavy lash. When not in use, the handle lay on the driver's shoulder while the cruel lash dragged its slow length on the ground « Ibid, July 3, 1873. 218 KIRBY BENEDICT: FRONTIER JUDGE behind him. Professional bull whackers used the lash with the greatest ease and even with admirable grace. They could switch a fly from one of the oxen so deftly that scarcely a hair was disturbed. . . To his honor, the bull whacker, despite his name, seldom used his fearful weapon as an instrument of torture. He made it bark rather than bite and delighted in swinging the lash around his head and cracking it with reports as loud as those from a rifle. The teamsters or bull whackers were of every race and class. Among them were many eminent and influential men who crossed the plains on foot, with whips in their hands, driving ox-teams. They sought new homes which could be acquired free by their own labor and enterprising spirit. Benedict had more to say about the population trends. The government of Prussia was alarmed at the emigra- tion of its subjects to America at that time so a law was passed prohibiting the emigration of any person over the age of nineteen. Said the former chief justice, "Come on, we say and snap your fingers at the Kaiser and let him snarl and growl if that gives him any con- solation. Land is cheap in America!" To the prospective emigrants from Ireland, Benedict had this to say : Let them come to America as soon as they can get away from the old country "rile" and if they will be sober, industrious, and save their earnings, they will, in a short time, not only have their "half acre" of the Almighty's precious earth, but 40, 80, 160, or more acres with cows, sheep, hogs, and other property. In other words, he may be his own man and independent, a blessing which is richer than either glory or power. . , 18 18 Ibid, Oct. 30, 1873. JUDGE BECOMES JOURNALIST 219 In addition to foreign, local, and political news, Benedict occasionally published advice to the youth of New Mexico. He warned the girls to forego the use of slang and leave that to their brothers. "I bet" and "you bet" were taboo. The conscience of the former New Englander was disturbed and he discouraged the scheme of one girl when she disclosed that "she intended to go for him." The inference is apparent. His text for his admonition to the young men was provided by six incongruous words above the door of a respectable business house that faced the plaza. To provide the certainty of attention, an index finger aimed at an inscription, THE ENTRANCE TO HELL IS HERE. The judge surmised that this inevitable warning was painted before that particular occupant had moved in. It has been rumored that over another doorway in Santa Fe an equally inappropriate sign, THE SALOON OF THE LITTLE CHURCH was once printed. Itinerant ministers of that era frequently preached to the men who con- gregated in the frontier saloons so perhaps the rumor does contain some truth. The judge explained that he did not mean the old orthodox hell of material fire and brimstone but the abyss of moral ruin and misery, the mind's anguish and the character's wreck: The insidious serpent alcohol does not wind all his slimy folds around the young victim at once but tightens the windings with every cup that is taken after the habit is formed. It is easy to crush the monster upon his first approach but the more you familiarize with his seductions, the more surely will you be held within his fatal unyielding coils. Hard will it be then for the irresolute spirit to grapple with his hated enemy, rend and unwind his folds. 220 KIRBY BENEDICT: FRONTIER JUDGE When the young man is led away by the fascination of the gambling table until he has become fevered with his losses and seldom winnings, he may exclaim in agony, "my entrance to hell is here." . . . When he has learned to scoff at conscience and his accountability to his Creator, his soul is then fast sinking away from the light of reasoning and preparing its leap into dismal depravity. . . Scarcely ever have we met a victim who did not, in his soul, desire to be loosened and set free. The power and means lie within himself whenever he has the will and the courage to exert them. By so doing, he will pour coals of fire upon the heads of his human enemies. These are the ones who will hate to see you rise in your spirit and mind and assert and maintain your manhood. . , 19 This editorial reveals the agony, the remorse, and humiliation he, himself, suffered. A few years previous he was bitterly reproached personally, in the press, as well as to officials in Washington. Kirby Benedict, Jr. was then twenty-two and his father's warning may have been written to influence him. Judge Benedict indirectly inferred that he had over- come the curse and risen again to espouse right and justice and prove to his enemies the injustice of their accusations. In a letter to his old friend, Judge David Davis, then serving in the United States Supreme Court at Washington, he wrote, "Allow me to state that in all respects I am in the sedate, sober, and well regulated issue of life, so to remain.'''' 20 19 Ibid, Oct. 30, 1873, p. 2, col. 5. 20 Appointment Papers MS. National Archives, Attorney General's Office. Benedict to Davis, March 25, 1872. Before the Tribunals of Man and God Three anxious years passed after Benedict's disbar- ment and he had not yet been reinstated. Finally, he presented his petition, dated January 16, 1874, t0 tne supreme court in session at Santa Fe and requested the court to remove him from the judgment of suspension from practice as an attorney and counsellor at law in the courts of New Mexico. In the spirit of respect, obedience, and supplication he asked this. He confessed to have committed dis- orders, improprieties, and contempt and rightly judged that he should be punished. He sincerely craved the pardon and forgiveness of the court and promised to make atonement for his offenses. He pledged that upon being relieved from the suspension he would not in- dulge in any "excessive habits" or any disorders or improprieties within the courts. He concluded, Accumulating age, want and desolation press upon me and I desire to be at peace and maintain just and honorable relations with the courts, judges, and others in my remaining days, in as much usefulness as possible to my family and others in the practice of the profession of my life. I beg your honors may heed this petition at least in generous clemency and grant me the relief I pray for and which is in your power to limit. A few days later Chief Justice Palen appointed attorneys Sidney Hubbell, Joab Houghton, and Wil- 222 KIRBY BENEDICT: FRONTIER JUDGE liam Breeden to investigate the general character of Kirby Benedict during the three years following his disbarment and report his conduct and attitudes toward the judges and the court. They were ordered specifically to procure files of the Santa Fe Post and ascertain whether or not Benedict was responsible for the publication of articles that reflected upon the personal and official conduct of the judges. The New Mexico Union, edited and published by Benedict, was also scrutinized for defamatory news items. There was sufficient evidence that Benedict wrote editorials not too complimentary to the territorial of- ficers. In the Union of March 13, 1873, he outlined one of his policies: "It was not to amuse but to inform the public of the injustices, follies, and crimes of public officers, whose only importance arose from the fact that they held public office but commanded no other dis- tinction. . ." On the seventeenth of the following month he pub- lished an article that alleged that some of the attorneys were disgusted with the conduct of the judge of the district and had little confidence in receiving justice from the bench. These men, who had years of honor- able practice, would not submit to the wrongs to which they and their clients were subjected. Some of them, including Charles P. Clever, had "wholly disappeared from the courts of the district." Benedict emphasized his objections to the policies of the court by reprinting from the Las Vegas Advertiser an article which crit- icized Judge Palen. BEFORE THE TRIBUNALS 223 The investigating committee was further instructed to learn what connection, if any, Benedict had con- cerning the effort of the legislature, 1 871 -1872, to destroy the independence of the judiciary of the Terri- tory and to disgrace and degrade a justice of the court; to inquire what part he had in the attempt to pass a law which would compel the courts to permit him to prac- tice as an attorney and counsellor. The measure was passed in the house but defeated in the council. Benedict's personal habits, particularly the excessive use of intoxicating liquor, were studied as they affected his qualifications and standing as an attorney. For the purpose of enabling the committee to success- fully pursue its investigations, it was authorized to administer oaths to witnesses and to procure from the clerk of the court process of subpoena for the attend- ance of witnesses. The investigation was never undertaken for in less than a week after Chief Justice Palen had so metic- ulously outlined the procedure to be followed by the committee, Benedict, through his attorneys, Sydney Hubbell and Joab Houghton, withdrew his petition and application. Inscribed in the old Records January 23, 1874, 1S Judge Palen's ruling: ". . . It is ordered that the proceedings herein and the same are hereby dismissed and the referees (committee) appointed discharged from further consideration of the matters referred to them. . ." 1 1 Records of the Proceedings of the Supreme Court, New Mexico, nos. 375, 382. 224 KIRBY BENEDICT: FRONTIER JUDGE Only a brief month later, death came to Kirby Ben- edict, on February 27, 1874. He had proved himself a man of many talents, which he had multiplied by his service to all who had appeared before him in the courts of the United States in New Mexico. He had sentenced transgressors to pay the full penalty as pre- scribed by the laws of his fellow men, but he had judged impartially and honestly and had shown mercy to those deserving of its consideration. He who had been the judge became the judged before the Highest Tribunal. He now could let his record stand before him, and expect fair and honest judgment -the kind he had striven to give. His last day began as usual. The family breakfast in the Benedict home was followed by the departure of the husband and father for his business office. During the day as he was walking along the street, he received his final summons and slumped to the sidewalk. Solic- itous friends immediately took him home where all possible aid was given to the dying judge. Funeral services were conducted by Montezuma Lodge No. 1 A.F.A.M. on March 1. The United States Eighth Cavalry Band played the dirge as it led the long procession through the muddy streets to the Masons' cemetery where the Worshipful Master, W. W. GrifTen, read the last rites. The Masons first owned a section of the Rosario Catholic Cemetery but later the bodies were moved to the present Fairview Cem- etery. There lies the judge far from the graves of his Connecticut forebears. 2 2 Minutes of Montezuma Lodge No. i A.F.A.M. 1873-1874. The Cavalry Band received $85 for their services. Daily Ne 1598, 2075, 2104, 2174, 2216. Kirby Benedict Correspond- ence. Huntington Library . New Mexico Slave Code, nos. 329, 475, 839 United States Census: New Mexico, i860, 1870. Original Field Books. University of New Mexico, Albuquerque . Illinois, 1850. Microfilm of Original. Courtesy of Los Angeles Public Library U.S. GOVERNMENT DOCUMENTS 30 Cong., 1 sess., Ex. doc. no. 52, (ser. 509). Mexican citizenship 35 Cong., 2 sess., Sen. doc. no. 1, March 1, 1858 (ser. 975). Reports from Gen. John Garland, Lt. Col. D. S. Miles, Lt. J. W. Alley, Michael Steck 36 Cong., 1 sess., Ho. rept. no. 508, Feb. i860 (ser. 1069). Report of Miles Taylor on House Bill no. 64. Sen. misc. doc. no. 12 248 KIRBY BENEDICT: FRONTIER JUDGE 36 Cong., 1 sess., 1859- 1860. Congressional Globe. Minority and majority reports regarding slavery in New Mexico 36 Cong., 2 sess., 1 860-1 861. Congressional Globe. Otero Slave Code; debates on admission of New Mexico as state; and Texas- Mexico controversy 40 Cong., 1 sess., Ho. misc. doc. no. 14 (1867) (ser. 13 12). Me- morial from New Mexico for aid in the construction of telegraph lines United States Statutes, vol. xm, 38 Cong., 1 sess., 1 863-1 864. War Stamp Act , vol. xvii, 42 Cong., 2 sess. June 8, 1872. An Act to authorize building of New Mexico and Gulf Railroad and land grants , vol. xvi, June 17, 1870. Salary of U.S. Circuit Court Judges. (41 Cong. 2 sess.) Deed Records Adams County. Book u. Natchez, Miss. Deed Records Santa Fe County, Books c, d, e, l, r-2. Records of the Benedict property transfers General Incorporations Act - Railroad Laws of New Mexico, chap, vn, 1867 General Laws of New Mexico. Including the unrepealed laws from the promulgation of the Kearny Code in 1846 to the end of the Legislative session of 1880. Compiled and edited under the direc- tion of L. Bradford Prince. New York, 1880 Journal of the Probate Court, Santa Fe County, 1865- 1883. Book B, Letters of Administration and Bonds. Book d, Wills and Testa- ments-; report of Inventories Journal, House of Representatives, Fourteenth Assembly, Illinois, 1 844- 1 845 Laws of Illinois, Fourteenth Assembly, 1844- 1845 Report of Cases in Supreme Court, New Mexico, vol. I, 1852-1879. Compiled by Charles H. Gildersleeve. San Francisco, 1881 Revised Statutes and Laws of New Mexico in force at the close of the session of the legislative assembly, February 2, 1865. St. Louis, 1865 Records of the United States District Courts, Territory of New BIBLIOGRAPHY 249 Mexico: Dona Ana County, 1 854-1 856, 1861. County Archives, Las Cruces Rio Arriba County, 1853-1865. Santa Fe County Archives San Miguel County, 1851-1853; 1859-1860. Santa Fe County Archives. 1 861-1866. County Archives, Las Vegas Santa Fe County, 1 853-1 866. Santa Fe County Archives Socorro County, 1 854-1 856. County Archives, Socorro Taos County, 1862. Santa Fe County Archives Valencia County, 1854- 1856, i860. County Archives, Las Lunas NEWSPAPERS El Novo-Mejicano, Santa Fe, N.M. Enero 2 de 1864. Santa Fe Museum Library Illinois Citizen, Danville, Illinois, May 29, 1850. Chicago His- torical Society Illinois State Journal, Springfield, 1847-1855. State Library, Spring- field, Illinois Illinois State Register, Springfield, June 1849. Chicago Historical Society Mesilla Times, February 23, March 2, 16, 30, 1861. Library of Congress New York Daily Times, Feb. 2, 1854. Clipping only. Santa Fe Museum Library Republican Review, Albuquerque, N.M., 1 870-1873 Rio Abajo Weekly Press, Albuquerque, N.M., 1863- 1867. Santa Fe Museum Library. Incomplete file St. Louis Republican, Independence, Mo., April 5, 1849 Sangamon Journal, Springfield, Illinois, 1 832-1 847. Illinois State Library Santa Fe Gazette, 1851-1869. Santa Fe Museum Library Santa Fe New Mexican, 1848-19 — . Santa Fe Museum Library Santa Fe Weekly Post, 1874. Library of Congress Santa Fe Weekly Union, 1873. Kirby Benedict, Ed. and Prop. Library of Congress 252 KIRBY BENEDICT: FRONTIER JUDGE Ganaway, Loomis Morton. New Mexico and the Sectional Contro- versy, 1 846- 1 86 1. Historical Society of New Mexico, Publica- tions in History, vol. xn, Albuquerque, 1944 Greenleaf, Simon. A Treatise on the Law of Evidence. Boston, 1 842- 1 846 Gregg, Josiah. Commerce of the Prairies, vol. 1, 1849 Harrington, John P. Ethnogeography of the Tewa Indians. Bureau of American Ethnology, 29th Annual Report, 1907-08. Wash- ington, 191 6 Heyman, Max L., Jr. Prudent Soldier, a biography of Major Gen- eral E. R. S. Canby. Glendale, 1959 Hill, Frederick Trevor. Lincoln, the Lawyer. New York, 1906 Hinton, Richard J. Hand Book to Arizona, its resources, history, towns, mines, ruins and scenery. San Francisco, 1878 Howe, Henry. Historical Collections of Ohio. An encyclopedia of the State. Cincinnati, 1902 Hunt, Aurora. The Army of the Pacific, 1 860-1 866. Glendale, 195 1 James Henry Carleton, Western Frontier Dragoon. Glen- dale, 1958 Jones, Jane Martin. Personal Recollections of Early Decatur. Decatur Chapter D.A.R., 191 2. Recollections of Rev. N. M. Baker, August 16, 1912 Kane, Harnett T. Natchez on the Mississippi. New York, 1947 Keleher, William A. Turmoil in New Mexico, 1 846-1 868. Santa Fe, 1952 — The Fabulous Frontier, Twelve New Mexico Items. Santa Fe, 1945 Kilbourne, Dwight C. Bench and Bar of Litchfield County, Conn., 1 7 09- 1 909 King, Clarence. U.S. Mining Laws under the State and Territory (Arizona) to which are appended local mining rules and regula- tions. King, Willard L. "Riding the Circuit with Lincoln," American Heritage, vol. vi, February, 1955. A Biography of Judge David Davis Linder, Usher Ferguson. Reminiscences of the Early Bench and Bar of Illinois, and an appendix by Joseph Gillespie. Chicago, 1879 BIBLIOGRAPHY 253 Litchfield County, Connecticut: illustrations and biographical sketches. Philadelphia, 1881 Lummis, Charles F. Some Strange Corners of our Country, the Wonderland of the Southwest. New York, 1901 Lytle, William M. Merchant Steam Vessels of the United States, 1 807-1 868. Steamship Historical Society of America, pub. no. 6, n.d. Compiled from official merchant marine documents and other sources Macon County, Illinois, History of, with illustrations descriptive of the scenery and biographical sketches of some prominent men and pioneers. Philadelphia, 1880 Mayer, Brantz. Mexico, Aztec, Spanish and Republican, vol. II. Hartford, 1853 Moore, William F. Representative Men of Connecticut. Everett, Mass., 1894 Moses, John. Illinois - Historical and statistical, comprising the essential facts of its planting, growth as a province, county, terri- tory and state, with statistical tables. 1895, 2 vols. National Encyclopedia of American Biography. 1893-19 — National Geographic Magazine, vol. vm, 1897. Acoma Mission. New Mexico Bar Association. Report of Committee on Legal Biog- raphy and Proceedings. Santa Fe, 1890 Newton, John and Cowper, William. The Olney Hymns. New York, 1857 Parsons, Elsie Worthington Clews. American Anthropologist, n.s. vol. xx, no. 2, April-June, 191 8. Notes on Acoma and Laguna. . American Anthropologist, n.s., vol. xxu, no. 1, January- March, 1920. Notes on Isleta, Santa Ana, and Acoma . American Anthropologist, n.s., vol. xxx, no. 4, October- December, 1928. Laguna Migration to Isleta Perrin, W.H. and Battle, J.H. History of Delaware County, Ohio. Chicago, 1880 Plymouth Collection of Hymns and Tunes. New York, 1870 Poldervaart, Arie W. Black-robed Justice, A History of Administra- tion of Justice in New Mexico from the American Occupation in 1846 until Statehood in 1912. Historical Society of New Mexico, Publications in History, vol. xm. Santa Fe, 1948 254 KIRBY BENEDICT: FRONTIER JUDGE Prairie Lodge No. 77, a.f.a.m., Paris, Illinois: Centennial, 1849- 1949 Pratt, Harry Edward. Lincoln 1840- 1846; Being the Day by Day Activities of Abraham Lincoln from January 1, 1840, to Decem- ber 31, 1846. Abraham Lincoln Assn., Springfield, 1939 . Lincoln, 1 809-1 839, Day by Day, February 12, 1809, to December 31, 1839. Abraham Lincoln Assn., Springfield, 1941 Public Records of the State of Connecticut, from October, 1776 to February, 1778, with the Journal of the Council of Safety from October 11, 1776, to May 6, 1778, with appendix. Charles J. Hoadly ed. Hartford, 1894 Putnam, James W. Illinois and Michigan Canal; Illinois Centennial Publication; a study in economic history. University of Chicago, 1918 Quick, Herbert and Edward. Mississippi Steamboatin'. New York, 1926 Read, Benjamin M. Illustrated History of New Mexico. Santa Fe, 1912 Richmond, Mabel E. Centennial History of Decatur and Macon Counties, 111. Decatur, 1930 Rosenberry, Lois Kimball Mathews. "Migration from Connecticut after 1800." Connecticut Tercentenary, nos. 54 and 28, 1934-35 Sangamon County, Illinois, History of, with sketches of its cities, portraits of prominent persons, and biographies of representative citizens. Chicago, 1881 Schmidt, Gustavus. The Civil Law of Spain and Mexico. New Orleans, 1851 Scholes, F.V. Church and State in New Mexico, 16 10- 1650. Albu- querque, 1937 Seymour, Mabel and Fergens, Elizabeth. "Barzillai Slosson, Lawyer of Kent, his account book, 1 794-1 8 12, " Connecticut Tercentenary, no. 47, New Haven, 1933-36 Silver, David Mayer. Lincoln's Supreme Court. Urbana, 1956 Smith, John W. History of Macon County, Illinois. Springfield, 1876 Starke, Thomas. A Practical Treatise on the Law of Evidence and a Digest of Proofs. Boston 1828 BIBLIOGRAPHY 255 Stevenson, Matilda Cox. "The Sia." Bureau American Ethnology, Eleventh Annual Report 1889- 1890. Washington, 1894 Thomas, Benjamin P. Lincoln, 1847-1853; Being the Day by Day Activities of Abraham Lincoln from January 1, 1847, to Decem- ber 31, 1853. Abraham Lincoln Association, Springfield, 1936 Tittman, Edward D. "The First Irrigation Lawsuit." New Mexico Historical Review, vol. 11, 1927 Trumbull, J. Hammond. Public Records of the Colony of Con- necticut, 1 636- 1 7 76. Transcribed and published in accordance with the resolutions of the general assembly. Hartford, 1850- 1890 Twitchell, Ralph E. The Leading Facts of New Mexican History, vol. 11. Cedar Rapids, Iowa, 1912 "Chief Justice Kirby Benedict." Old Santa Fe, a magazine of history. Vol. 1, 1913-1914. Santa Fe, 1914 Spanish Archives of New Mexico. Cedar Rapids, Iowa, 1914, 2 vols. Ware, Francis M. Driving. New York, 1903 War of Rebellion. Compilation of official records of union and con- federate armies. Ser. 1, vol. 50, pts. 1 and 2. Washington, 1897- 1900 White, Alain Campbell. "A Brief History of Litchfield," Connecticut Tercentenary, 1635-1935. 1935 White, Leslie Alvin. "The Acoma Indians." Bureau of American Ethnology, 47th Annual Report, 1929-1930. Washington, 1932 "Report of Field Work at Acoma," American Anthropol- ogist, vol. xxx, no. 4, 1928 Whitney, Henry Clay. Life on the Circuit with Lincoln, with Introductory Notes by Paul Angle. Caldwell, Idaho, 1940 Winthrop, Gov. John. Journals, History of New England, 1630- 1649. Jameson and Hosmer ed. New York, 1908 New Mexico Territory in 1855 A portion of the map from George W. Colton'! Atlas of the World, New York, J. H. Colton, 18 Index Abreu, Ramon (Alcalde) : 179 Abreu, Santiago: death, 179 Absences, New Mexico Judges: 121, 134, 141-45, 163, 164, 167-68 Acoma Pueblo El Penol (Pueblo on the Rock): 65, 89; suit for re- covery of portrait, 90-93 ; suit won but appealed, 92; documents stolen, 93 ; lawsuit, 94, 99-105 Acomita Indian village: 89 Agassiz, Louis: 173 Alaric (Alarid) Jesus Maria: 179 Albuquerque: court session, 56-57; court records discovered, 59; 65- 66; residence of Benedict, 71; left, 73 Alcaldes: 51 Alcoholism: 219-20 Allen, J.C: lawyer, 49; recommends Benedict, 70 Alvarado, Capt: 89 Alvarez, Manuel: 73 Amigo del Pais: 63 Angel, Paula: trial for murder, 76- 77; executed, 77 Apache Canyon: snowstorm, 81 Appraisal of estate: fee for, 238-39 Archibald, CM: U.S. Marshal, 121 note; 155 Archuleta, Diego: on revision of laws, 131; railroad promoter, 201 Ariluead, Vicente: 93 Arizona Territory: organization of, 87, 138-39, H5-46, 151, 154 Armijo, Ambrosio: no; railroad pro- moter, 201 Armijo, Gen. Manuel: home, 58; 129, 177 Amy, William F.M: rents Benedict house, 74; pardons Ysidro, 77; edits law revision, 132; letter to Lincoln condemning Benedict, 165; criticized by Benedict, 166; con- troversy with Benedict, 208-10; buys Benedict estate, 229 Arriba: 81, 163 Ashurst, Merrill: 55; fined for gam- bling, 76; counsel for Martinez, 79; circuit-rider, 81-84; invests in gold mine, 87; counsel for Acoma Pueblo, 92; 190, 235-42, 213 note Assault and battery: 62 Aubrey, Francois X: murdered, 63 Auction: of Benedict property, 228 Ayala, Carlos: 228 Azalas, Cusenas: murdered, 60-61 Babbitt, A.W: in 111. Legis., 30 Baird, Spruce M: 55; ranch, 57; counsel for Laguna Pueblo, 92; 235-36, 231 note Baker, Edward D: congressman, 35; 152 Bancroft, George: 173 Barclay's Fort: 115 Baston de Justicia: 51-52 Bates, Edward, U.S. Atty. Gen: let- ters from Benedict, 141-57, 159-64, 166; 207 Baylor, Col. John R: invades N.Mex., 118-19 Beale Road, N.Mex: 86 Beaubien, Charles: 55, 177 Benedict, Albert Case: gold mine claims, 84-87, 226 Benedict, Albert D: 18 260 KIRBY BENEDICT: FRONTIER JUDGE Benedict, Benjamin: 15-16; moved to Ohio, 16; 18 Benedict, Chloe: mother of Kirby, 15, 17 note Benedict, Delilah: 15 Benedict, Germon: 15 Benedict, Grandison: 15 Benedict, John: father of Kirby, 15, 17 note Benedict, John, Jr: 15; death, 36 Benedict, Kirby: n, 12, 15, 17; law student, 18; admitted to Missis- sippi bar, 21; marriage, 21; moved to Decatur, 111., 22; admitted to Illinois bar, 23 ; probate judge, Decatur trustee, 23; 24; Locofoco candidate, 25 ; elected Illinois legis- lator, member Judicial Committee, 26; member of committee to revise laws, 27; 28-29; address against Mormons, 30-31; defeated as can- didate for lieut. gov., 31; 33-35; moved to Paris, 111., 36; becomes Mason, 39; description of, 39-40; drinking habits, 41 ; as circuit rider, 42, 43 ; lawsuit, 43 ; associa- tion with Lincoln, 44-47; appointed New Mexico judge, 50; arrives in Santa Fe, 50; horse and buggy circuit, 55-59; murder trial of Bourale, 60-61; cases decided - trespass, ejectment, smuggling, un- lawful assembly, false weights and measures, assault, disturbing peace, 62; murder trial of Weightman, 63; asks leave of absence, 64; moves family to New Mex., 65 ; trial of Mesilla Guard, 67-68; let- ter to Lincoln, 68; reappointed, 70; appointed Chief Justice, 71-72, 159; moves from Albuquerque to Santa Fe, 73; buys house from Blummer, 73; buys two lots, 74; fines self for gambling, 75-76; sentences pro- nounced by -horse thief, 76; Paula Angel, murder, 76, 77, on Ysidro, 77; Julian Chavez, bribery, 78; Manuel Cardenas, murder, 78 ; trial of Martinez, 81; circuit rider in New Mex., 81-84; injured en route to Albuquerque, 84; invests gold mine, 87; letters from Albert, 84-87; tries lawsuit, Acoma vs. Laguna, 89-93 5 tf i es lawsuit, Acoma vs. de la O, 93-94, 99-105; settles Acoma water rights, 105 ; hears peonage case, 107-n; cases tried by -McDonald v. Carleton, 122-23, Green v. Ewell, 124, Car- ter v. New Mex. Terr., 124-28 ; New Mex. law revision, 131; let- ters to Lincoln, 133-40, 165-68; letters to Bates, 141-57, 159-64, 166; takes loyalty oath, 153; rec- ommendations for reappointment, 1 57~58 ; leave of absence for travel, 160-161; oath of office, 163; de- termines case of negro slave and Indian captive, 164; criticized by Amy, 165; criticizes Amy, 166; letter to Pres. Johnson, 169-71; eulogizes Lincoln, 171-72; address to Hist. Soc, 174-76; address on Revolution of 1837, z 7^~79] Master of Montezuma Lodge, 179; per- forms marriage ceremony, 180; addresses indignation meeting, 181 ; supported by legislature, judges, bar, newspapers, 185-90; on min- ing expedition, 191; private prac- tice, 191; defends Rynerson for murder of Slough, 191-94; con- troversy with Palen, disbarment, 196, 199-200; sells lots, 200-01; buys railroad shares, 202; letter re Grant's election campaign, 203-04; editorial policy of New Mexican, 207; controversy with Amy, 208- 10; editor and owner of New Mex- ican Union, 211; editorial policy INDEX 261 of, 212-13; exchanges newspapers, 213; scope of newspaper contents, 213-20; letter to Davis, 220; peti- tions bar for reinstatement, 221; conduct investigated, 221-223; pro- ceedings dismissed, 223 ; death and funeral, 224; burials, 224; inven- tory and appraisal of effects, 225- 27; auction of property, 228; estate litigation, 230; Supreme Court de- cisions of, 235-43 Benedict, Mrs. Kirby (Charlotte Curtis) : 21, 34, 36; illness, 40; 50; moved to N.Mex., 65; illness, 71; 72; visit to 111., 160-61; effects in- ventoried, 226; returns to 111., 231 Benedict, Kirby, Jr: born, 40; moved to N.Mex., 65; 73; invests in gold mine, 87; at school in 111., 160-61; injured, 162; 220; effects inven- toried, 227; return to 111., 231 note Benedict, Maria: 15; married, 17 Benedict, Noah: lawyer, 16 Benedict, Stephen: 15 Benedict, Thaddeus: lawyer, 16 Benedict, Thomas: 16; wife, 16 Benedict, Worthena Ceorda: daugh- ter of Kirby and Charlotte, 36; moved to N.Mex., 65; 73; at school in 111., 160-61; returns to 111., 231 Bent, Charles (Gov. of Colorado) : 177; street named for, 180 Bent, Teresina: married by Benedict, 180 Bernalillo: 56 Beuther, Joseph: 201 Bingham, John: congressman, 116 Black, Jeremiah S., U.S. Atty. Gen: letter from Benedict, 70, 129 Black Lake: 83 Blackwood, Wm. G: 121 note; 143 Bloomington, 111: 33 note; 34 Blue Lode Mine: 226 Blummer, Charles, Treas. of New Mex: 72-73 Bond, Ida: librarian, 180 Bonneville, Col. B.L.E: 174 Boone, Wm. F: judge, 121 note, 136, H3 Bourale (Borule), Pedro Jose: mur- der trial, 60-61 Boyakin, H.P: 26 Brayer, Mason: lawyer, 27 note Breckenridge, John C: 173 Breeden, William: 221-22 Brocchus, Perry E: judge, 63; ab- sence, 142, 167 Brush, Henry: lawyer, 18 Buchanan, Pres. James: Benedict's appointments, 70-72; policy, 136; 173 Bullwhackers: 217-18 Burros: 72, 201 Cabeza de Vaca, Alvar Nunez: 175 Cameron, Simon, Sec. of War: 118 Campbell, David B: lawyer, 24; Benedict's bedfellow, 41-42; 44, 134 Canby, Col. Edw. R.S: 139, 154-55, 157 Capitol, Santa Fe: building of, 74; part burned, 75 Cardenas, Rev: sermon of, 62-63 Cardwell, L.A: 59 Carleton, Henry Guy: 87 Carleton, James Henry: invests in gold mine, 87-88; as slave owner, 112; sued by McDonald, 122-23; commands N.Mex. Mil. Dept, 164; controversy over passports, 167- 68 ; 184, 209 Carson, Christopher (Kit) : 177, 209 Carter, George: suit of, 124-28 Casa Colorado: 57 Catron, Thomas B: purchases Bene- dict estate, 229 Central Pacific R.R: 201 Chapel de Nuestra del Senora del Rosario: 178 Chavez, Francisco X: 177, 187 262 KIRBY BENEDICT: FRONTIER JUDGE Chavez, J. Francisco: letter Hoar disapproving of Benedict, 196; sheep raising by, 212 Child punishment: 241 Circuit riding: 42-43, 55-59, 81-84 Clark, John A., Surveyor Gen: gives map to Benedict, 86-87 Clay, Henry: 118 Clever, Charles P: 72; rides circuit, 81-84; invests in gold mine, 87; revision of laws, 131; 155-56; member of Hist. Soc, 173; 190; on mining expedition, 191; 199, 222, 240-42 Clinton, 111: 24, 34, 44 Cochiti, Alonzo: 100 Collins, James: publishes Gazette, 149-50; 209 Colton, Wells: lawyer, 24, 44 Columbus, Christopher: 175 Concord carriage: 55, 57, 83, 226 Confederate troops: invade New Mex., 59; 81, 118-19, 136-37, 157; capture Santa Fe, 160; abandon New Mex., 162 Conklin, Charles M: 229 Connelly, Gov. Henry W: requests revision of laws, 131; takes loyalty oath, 153; 157; promotes railroad, 201 ; 209 Coronadb Expedition: 89 Cortes, Hernando: 175 County: sued as quasi corporation, 237 Craig, Lt: 67 Cruzate, Domingo J.P. de: 94, 100 Cummings, Joseph: 87 Curtis, Carlos: 21 Curtis, Carlos, Jr: 231 note Curtis, Charlotte: see Benedict, Mrs. K. Curtis, Cordelia: 231 note Curtis, Mary (Mrs. Carlos) : mother of Charlotte, 21; lost eyesight, 40 Cutler, Abraham: U.S. Marshal, 163 Cutler, Benjamin C, Asst. Adj. Gen: 87 Danville, III: 33-34, 44-45, 47 Davidson, W.A: 121 Davis, David: n; revision of 111. laws, 27; 33-35, 41-42, 45; recom- mends Benedict, 158-59; letter to Pres. Johnson, 186-87; letters from Benedict, 203-04, 220 Davis, Jefferson: 152 Davis, Sarah W. (Mrs. David) : 30 note, 40 Davis, W.W.H: 56; recommends Benedict, 70 Davenport, J.J: chief justice, 55, 63, 64, 71; tries lawsuit, Acoma vs. Laguna, 92; 141-42 De la O, Gregorio: 102 De la O, Victor: steals documents from Acoma, 93 ; lawsuit, 94, 99- 105 Decatur, 111: as county seat, 22; Benedict debate, 25; 33 note; 34, 36 Delahay, Mark W: recommends Benedict, 195 Delaware City, Ohio: 21 Denver and Rio Grande R.R: 214 Dill, M.M: 45-46 Dillehunt, Benjamin: sues Benedict, 43 Dona Ana: 59, 142 Dona Ana County: court records, 59 Donaldson, Maj. J.L: 173 Dorantes, Andreas: 175 Douglas, Stephen A: 11, 24; senator, 35; 44, 49; death, 152 Draco Code: 118 Dred Scott case: 113 Duro, Juan: murdered, 124 Education: 18, 160-61 El Paso, Tex: 94 Election contest: 237 Elkins, S.B: 190; defends Rynerson for murder of Slough, 191-94 Ellison, James: 87 Ellison, Samuel: fined for gambling, 76; rides circuit, 81-84 INDEX 263 Ellsbury, Gustave: 87 Emancipation Proclamation: peons not affected by, 111 Emerson, Charles: 36, 43, 45-46 England: Benedicts from, 16 Entrance to Hell: 219-20 Estate, of Benedict: 225-27 Estefancio (the black Moor) : 175 Estevan, Santes: as judge, 79 Ewell, Capt. Richard S: sued, 124 Fairview Cemetery: 224 Fernandez, Domingo: peonage case, 107 Ford, Gov. Thomas: message, 26 Fort Bliss (El Paso) : 150 Fort Craig, New Mex: 66-67, *6o Fort Fillmore: 68, surrender, 154 Fort Stanton: 217 Fort Thorn, New Mex: 60; Indian attack, 67; Indians buried at, 67 Fort Union, New Mex: 160 Fraudulent conduct: of judge, 242-43 Fraudulent possession: 236 Fremont, John C: 155-56 Fueros: special jurisdiction, 51 Gadsden Purchase: 55, 61, 146 Gallegos, Jose Manuel: 184 note; railroad promoter, 201 ; Benedict opposes, 207; creditor of Benedict, 229 Gambling: laws regulating, 53; law- yers fined for, 75-76 Garland, Gen. John: commands Mil. Dept., New Mex., 65; consults Benedict re attack on Indians, 66- 68; hon. member of Hist. Soc, 173 Gazette (Santa Fe) : 149-50, 156, 184; rivalry with New Mexican Weekly, 208 Gila River gold fields: 191 Gorin, Jerome Rinaldo: lawyer, 23 Grant, Pres. Ulysses S: 195, 203-05 Grayson, Col. John B: 173 Green, Daniel, Pvt: sues Ewell, 124 Gregory, N.H: publisher, 211 Greiner, Theodore S: 208 Greiner, Major John: 184, 190; on mining expedition, 191 Gridley, A: 44 Griffen, W.W: Masonic Master, 224 Griffith, William B: lawyer, 18 Guadalupe Hidalgo, Treaty: 146 Guadalupita: 82 Hanks, John: 22 Harden, John J: lawyer, 49 Hare, Judge: of C.S.A., Ariz., 59 Heath, H.H: territorial sec'y., 193 Hirsch, Joseph: freighter, 73; debt to Benedict, 230 Historical Society of New Mexico: 173; Benedict addresses, 174-76, 178-79 Hoar, E. Rockwood (U.S. Atty. Gen.) : letter from Chavez, 196 Holmes, James Henry: Sec'y. of New Mex., 121 note; 155 Hombres buenos: 52 Hopkins, Thomas H: 213 note Horse stealing: punished, 76 Houghton, Joab: 55-56; member Hist. Soc, 173 ; on mining expedi- tion, 191; resolution for removal as justice, 195; 213; 221-23, 237 Housatonic River: 15, 21 Howitt, E.L: 44 Hubbell, Sydney A: judge, 138; let- ter to Lincoln, 184-85; 221-23, 236 Hunt, Augustin W: invests in gold mine, 87; 177 Illinois: legislature, 23; 8th Judicial Circuit, 23 ; lawyers' compensation, 24; legislators' salaries, 27-28; laws revised, 27; county seats, 33; Supreme Court cases, 44-47 Illinois Central R.R: 22 Illinois Citizen: Compares Lincoln and Benedict, 39-40 Illinois-Michigan Canal: 27 264 KIRBY BENEDICT: FRONTIER JUDGE Immigrants: 61, 75, 218 Indians: see Acoma, Acomita, La- guna, Maricopa, Mescalero, Mo- jave, Pima, Queres, Pueblo, Ta- noan, Tbanos, Teguas Indignation Meeting, Santa Fe : 181 Inheritance: suit for, 239 Isleta: 57 Jackson, Alexander M: Sec. of New Mex., 72; 213 note Janny, E.S: of Illinois, 26 Jaramillo, Luz: peonage case, 107 Jaramillo, Mariana: sues Romero, 107-n Johnson, Pres. Andrew W: letter from Benedict, 169-71; 183; re- fuses to reappoint Benedict, 188; appoints Slough, 188; 195-96 Johnson, Bryan G: 59 Johnson, H.K: 155 Johnson, James L: invests in mine, 87 Jones, John: sheriff, 60 Jones, Samuel John: of C.S.A., 152 Jones, William Claude: 55, 213 note Jornada del Muerto: 55-56, 58-59, 63, 69 Kansas, New Mex., Ariz, and Calif. R.R. and Teleg. Co: 201 Kearny, Gen. Stephen W: 108 Kearny Code: 52, 108 Keithly, Judge Levi: opposes Slave Code, 115-16 Kent, Conn: birthplace of Benedict, 15 Knapp, Joseph G: takes loyalty oath, 154; absence, 163-64; controversy with Carleton, 167-68 Koslaski's Road House: 81 La Joy a : 57 Labadie, Lorenzo: threatened, 151 Labor: sale of, 76 Ladron de Guitarras (Guitterez), Don Pedro: 100 Laguna Pueblo: 65; steal portrait from Acoma Pueblo, 89; sued for return of portrait, 90-93; suit lost, appealed, 92 Lamborn, Josiah: lawyer, 43 Lamon, Ward Hill: 47 Lamy, Archbishop John B: 173, 177 Land Office: in New Mex., 214 Lands: see Merced, Junta, Mexico, Northern Cross, Vigil Lane, William Carr: buys slaves, 112 Las Cruces: 58, court records, 59; Court cases, 62-63 Las Lunas: 81 Las Vegas: sale of labor at, 76; ex- ecution at, 81-82; 188 Las Vegas Advertiser: 222 Laws: revision of in states, 27, 129- 32; of New Mex., 53-55; see also slave code, Draco code, Spain, Wolf Scalp Lawsuits: stolen portrait, 90-93; stolen documents, 93-94, 99-105; illegal confinement, 122-23; en- forced army service, 124; Bene- dict'is estate, 230 Lemitar: 58 Leroux, Antoine: 177 Lien on property of insolvent debtor: 240 Lincoln, Abraham: 11, 15, 22; ad- mitted to 111. bar, 23; 24; congress- man, 35; character sketch, 40; 41- 43; association with Benedict, 44- 47; 49; letters from Benedict, 68, 133-40, 167-68; 144, 152, 159; let- ter from Amy, 165; death, 170; eulogy by Benedict, 171-72 Linder, Usher F: 45-46 Litchfield Law School, Conn: 17 Locofoco political party: 25 note, 31 Logan, Stephen T: of Illinois, 26 Lopez, Melquiades: printer, 211 INDEX 265 Loring, Col. W.W: 139 Los Ranchos: as county seat, 56 Lott, Peter: of Illinois, 26 Lount, George: invests in mine, 87 Lovato, Juan Jose: of Acoma, 94 Lucas, James A: 55; attorney for Bourale, 60-61 Lynde, Major Isaac: surrenders Fort Fillmore, 154 Mail coach: 214 Maldonado, Alonzo del Castillo: 175 Manning, Julius: of Illinois, 26 Marcy, William S: 64 note Maricopa Indians: 86 Martin, Matthew K: murdered, 24 Martin, Miguel: murdered, 76-77 Martinez, Dolores: 73 Martinez, Jesus Maria (Jose Maria Martin) : trial and execution, 78- 81 Martinez, Jose Antonio: 177 Mason and Dixon Line: 21 Masonic order: 36, 39, 179, 224 Maury, Matthew F: 173 Maxwell, L.B: 177; railroad pro- moter, 201 McCartys Indian village: 89 McDonald, George: sues Carleton, 122-23 McDougall, James Alexander: 152- 53 McFerran, John C: invests in mine, 87 McRoberts, Samuel: 44, 45 Mendoza, Baninguas: 99 Merced Junta Land Grant: 225 Merriwether, David, Gov: recom- mends Benedict, 70 Mescalero Apache Indians: 123 Mesilla: occupied by C.S.A. troops, 59; 66-68, 155, 167 Mesilla Convention: 145 Mesilla Guard: attack Indians, 66-68 Mesilla Times: 149 note, 150, 152 Metamora, 111: 33 note Mexico: civil law of, 51, 52; federal constitution, 51; citizenship, 125- 27; land grant titles, 235-36 Miller, Edward: administers Bene- dict estate ,225, 227-28, 230 Miner, John H: invests in mine, 87 Minors: laws regarding, 132 Mojave Indians: as guides, 86 Montezuma: 93 Montezuma Lodge No. 1, A.F.A.M: Benedict joins, 179; conducts fu- neral, 224 Monticello: 33 note, 34 Moore, J.H: recommends Benedict, 195 Moore, Thomas: quoted, 82-83 Mora: description of, 82 Mormon crisis: 26 Mortgage foreclosure: 238 Mother Eve: 181 Moultrie: 34 Mount Algo: 15 Mount Pulaski: 33 note Mounted rifles: 67 Mower, Horace: 121 Murphy, John H: 45 Nabers, Zachariah: 121 Nauvoo, 111: repeal of charter, 29-31 Need, William: 118 Negroes: New Mex. laws on, 112; woman slave, 164 New Mexican Weekly: Account of Martinez, 78-81; 166; supports Benedict, 189; Benedict's adver- tisement, 191; Benedict writes edi- torials, 207; mentioned, 208-10 New Mexico: judicial district, 50, 55; laws, 53-55; supreme court jurisdiction and judges, 53; coun- ties, 55; circuit ride, 55-59; judges, 121 note; territory sued, 124-28; revision of laws, 129-32; legisla- ture resolutions, 185-86, 195; judges 266 KIRBY BENEDICT: FRONTIER JUDGE support Benedict, 187-88; railroad legislation, 201-02; court decisions of Benedict, 235-43 New Mexico and Gulf R.R: incor- porated and building authorized, 202-03; members of, 202 note; 225 New Mexico Weekly Union: Bene- dict edits, 211; praised by local newspapers, 211-12; scope of con- tents, 213-20; 222, 226; delinquent subscriptions to, 225; 228 New York Herald: 113 New York Times: 59, 60 Newspapers: list of exchanges, 213; policy and contents, 212-20; see also Gazette, Illinois, Las Vegas, Mesilla, New Mexican, New Mex- ico Weekly Union, New York, Springfield, Sangamon Northern Cross R.R: 22; land grants, 28 Nullification Act: 21 O, Victor de la: see De la O Oath of Fidelity and Loyalty: 152 Ojeda, Bartoleme de: 94, 99-100 Old Northwest: 16 Olney Hymns: 63 note Organic Act of 1850: 52, 127 Ortiz, Juan Felipe: 177 Ortiz y Delgado, Francisco: 109-10 Otero, Miguel: recommends Bene- dict, 70; peonage case, 107; Slave Code, 111-18 Oxen: 236 Page, Mrs. Cora Benedict: 12 Palen, Joseph G: made Chief Justice, 194; Benedict controversy, 196, 199-200; appoints committee to in- vestigate Benedict's conduct, 221-23 Paris, 111: 33 note, 36, 45-47 Parker, Charles G: invests in mine, 87 Passports: 167-68 Pekin: 33 note Peonage: contracts for, 108-09; abol- ished, in Peralta: 57 Perea, Francisco: 184 note Perez, Gov. Albino: death, 178-79 Pierce, Pres. Franklin: 49; appoints Benedict, 50; 64, 70 Pima Indians: 86 Pino, Facunea: 131 Plank Road Companies: 29 Poc-pec (Indian) : 100 Prairie Lodge no. 77 A.F.A.M: 36, 39 Price, Sterling G: 156 Princetown: 16 Prospecting: 84-88 Pueblo titles: trade in, 102, 104 Pueblos: see Acoma, Laguna, Queres, San Domingo, Tanoan, Tbanes, Teguas Queres (Keresan) Nation: pueblos of, 100 Quitman, John Anthony: 18 Racial discrimination: 54 Railroads: 22, 28, 201-02 Reeve, Judge Tappan: 16 Rencher, Abraham, Gov: vetoes In- dian slave bill, in; n8, 137 Revenue stamps: 241-42 Revolution of 1837: 178-79 Risque, John: attorney, 227 Road Labor Law: 29 Robledo: 59 Romero, Jose de la Cruz: sued, 107-n Romero, Tomasa and Ysadora: 73 Rosario Catholic Cemetery: 224 Roustabout Song: 21 Rush Medical College: 29 Russell, John T: ed. Gazette, 149; 150 Rynerson, Wm. Logan : trial for murder, 191-94 INDEX 267 St. Vrain, Ceran: 177; railroad pro- moter, 201 Saloon of the Little Church: 219 San Domingo Pueblo: 56 San Felipe: 56 San Jose: portrait of, 89 Sanchez, Ramon: 93 Sandia : 56 Sandoval, Anastasio: citizenship questioned, 124-128; railroad pro- moter, 201 Sandoval, Antonio: 177 Sandoval, Francisco: publishes Union, 211 Sangamon Journal: 25, 26, 50 Santa Ana, Antonio Lopez: 61 Santa Fe : 66; judicial district, 72; captured by C.S.A. troops, 160; Capitol, 74-75; newspapers of, see New Mexico Union; New Mex- ican ; Gazette Santa Fe Post: 222 Santa Fe Trail: 83 Sapeilo: sawmills, 82 Schoolcraft, Henry Rowe: 173 Sena, Miguel: 179 Seward, William H: 132 Shelbyville: 33 note Sibley, Henry H: proclamation, 157 Slave Code of New Mex: provisions of, 113-15; repealed, 118 Slavery: 17, 111-18 Sloan, Dr. W. J: 173 Slosson, Barzillai: lawyer, 17 Slough, Col. John P: appointed Chief Justice, 188; on mining expedition, 191 ; killed, 191 Smith, Cotton: lawyer, 17 Smith, E.O: Whig candidate, 25 Smith, Hugh N: 55; fined for gam- bling, 76; counsel for Laguna Pueblo, 92; counsel for Acoma Pueblo, 94; 213 note, 235-36, 238 Smith, Joseph and Hyrum: murder of, 30 Snyder, Simon: publishes Union, 211 Socorro: description of, 57-58; case of stolen documents, 93 Somers, William D: 44 Spain: civil war of, 51-52 Springfield : 21-33 Springfield Journal: 65 note Stanton, Capt. Henry W: 123 Starke, Thomas: 199 Steck, Michael: Indian agent, 136 Steele, James: 45, 46 Stephens, R.M: jury foreman, 192 Stevenson, Thomas B: 121 Strong, N.D: of Illinois, 26 Sullivan, 33 note, 34 Sumner, Col. E.V: 174 Sunday closing: 53 Tanoan nation: pueblos under, 100 Taos: trial of Martinez, 78-81; 83, 142, 165, 178, 180 Taylor, Miles: 116 Taylorville: 33 note Tbanos nation: pueblos, 100 Teguas nation: pueblos of, 100 Telegraph rates: 214 Teresina Street, Taos: 180 Texans: 119; reenforce Mesilla, 157; capture Santa Fe, 160; abandon New Mexico, 162 Tipabu, Don Luis: 100 Thornton, Judge Anthony: 33 Tome, Valencia Co., N.Mex: 56, 57; lawsuit at, 90-93 Tompkins, Richard H: fined for gambling, 76; rides circuit, 81- 84; 190, 237-38, 240-42 Treason : 146 Treat, Judge Samuel H: 33 Trespass and ejectment: 62, 239 Trumbull, Lyman: lawyer, 43; 135, 152; letter to Pres. Johnson, 186- 87; 204 Tucson: 87 Turner, Spencer: trial of, 24 268 KIRBY BENEDICT: FRONTIER JUDGE U.S. Army Depot: Albuquerque, 57 U.S. Census: of 1790, 17; of 1850, in U.S. Citizenship: declarations of naturalization intention, 61; grant- ed, 75 U.S. Congress: authorizes railroad building, 202-03 U.S. 8th Cavalry Band: 224 U.S. Statutes at Large: 199 Unlawful Assembly: 62 Urbana: 33 note, 34, 44 Valdez, Don Pedro: sheriff, 79 Valverde, New Mex: battle, 160 Venero de Passada, Gen. Don Pedro: 99 Vigil, Bautiste: land grant suit, 156 Walker, Joseph Reddeford: guide for gold prospectors, 84-87 Washington Terr: Benedict recom- mended for judgeship, 50 Water rights: 105 Watts, John Howe: lends derringer to Slough, 193 Watts, John S: 55; delegate to Congress, 161; 184; 213 note; 235- 37, 239 Webster, Daniel: 118 Weightman, Richard H : delegate to Congress from New Mexico kills Aubrey, 63-64 Wheaton, Theodore D: 55; rides circuit, 81-84; counsel for de la O, 94; district atty., 146, 149; has smallpox, 156; 213 note; 236-37, 239-40 Wheelock, S.B: as witness, 193 Whig political party: 25 Whipple, Amiel W: 173 White, William: 230 Wolf Scalp Bounty Law: 28 Wood, W.H., Lt: 67 Wood: for fires, price, 72, 201 Woolsey, King S: invests in mine, 87 Yale College: 16, 17 Yates, Richard: of Illinois, 26; re- vision of laws, 27; 49; letter to Pres. Johnson, 186-87; 195 Yavapai District: mining claim, 87