Kearny Code – 1846

Kearny Code of Laws

Letter of General Kearny to the Adjutant General.
Headquarters, Army of the West, Santa Fe, New Mexico

September 22, 1846.

Sir: – I enclose herewith a copy of the laws prepared for the government of the territory of New Mexico, and a list of appointments to civil offices in the territory, both of which I have this day signed and published.

I take great pleasure in stating that I am entirely indebted for these laws, to Colonel A. W. Doniphan, of the first regiment of Missouri mounted volunteers, who received much assistance from Private Willard P. Hall, of his regiment.
These laws are taken, part from the laws of Mexico – retained as in the original – a part with such modification, as our laws and constitution made necessary; a part are from the laws of the Missouri territory; a part from the laws of Texas; and also of Texas and Coahuila; a part from the statutes of Missouri and the remainder from the Livingston Code.

The organic law is taken from the organic law of Missouri territory. (See act of Congress, June 4, 1842.)

Very respectfully your obedient servant,
S.W. KEARNY
Brigadier General, U.S.A.
The adjutant general, U.S.A., Washington.
(Received at the war department, November 23.)

Appointment by General Kearny of Civil Officers.
Being duly authorized by the president of the United States of America, I hereby make the following appointments for the government of New Mexico, a territory of the United States. The officers thus appointed will be obeyed and respected accordingly:

Charles Bent, to be governor.
Donaciano Vigil, to be secretary of the territory.
Richard Dallam, to be marshal.
Francis P. Blair, to be United States district attorney.
Charles Blumner, to be treasurer.
Eugene Seitzendorfer, to be auditor of public accounts.
Joab Houghton, Antonio Jose Otero, Charles Beaubian, to be judges of the superior court.
Given at Santa Fe, the capital of the territory of New Mexico, this 22nd day of September, 1864, and in the 71st year of the independence of the United States.

S.W. KEARNY,
Brigadier General, U.S.A.