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Show PO 398 LEADING FACTS OF NEW MEXICAN NEW HISTORY War the most active members *”* of the bar were Judges Houghton and Watts, Messrs. Ashurst, Tompkins, Wheaton, Clever, Baird, Henrie, Hubbell, Johnson, Jackson, and Greiner. At the close of the war many prosecutions were instituted for the confiscation of property, the defendants being those who had aided and encouraged the rebellion by rendering assistance to the Confederate army during its invasion of the territory. The court in which most of the prosecutions were begun was presided over by Judge Joab Houghton, who, in 1865, had for the second time received an appointment to the bench.°?4 Jordan, and for many years practiced in Hudson, New York. He was ay pointed postmaster of that city in 1861 and continued in the office ce appointed chief justice of New Mexico by President Grant, April 15, og He was re-appointed March 20, 1873, and held the position until the day 0 his death, which occurred at Santa Fé, December 21, 1875. Judge Palen counted among his closest friends Messrs. Elkins, Catron, Breeden, and Waldo, members of the bar of his court. His apparent personal regard for these men excited great animosity in the breasts of other and older members of the Santa Fé bar whose personal habits and looseness of character did not appeal to Judge Palen’s sense of morals. 823 The members of the bar during what may be termed the first generation were Hugh N. Smith, Elias P. West, Henry C. Johnson, Merrill Ashurst, James H. Quinn, Theodore D. Wheaton, Richard H. Tompkins, H. ve John E. Garey, William Z. Angney, Palmer J. Pillan, S. M. R. Baird, W. W. Davis, manners and W. H. Henrie. Some rare anecdotes are of some of these earlier members of the bar. bringing with it tense situations and sharp divisions. new men, some from the east and some celebrated ‘‘California and Column,’’ who j told of the habits an The Civil War came on, Its close brought pent from the Pacific coast, arriving with the shortly became prominent at the bar in other walks of life. P The attorneys-general for the period were, 1846, Hugh N. Smith; 1848, E. D. West; 1852, Henry C. Johnson; 1852, Merrill Ashurst; 1854, Theodore M Wheaton; 1858, Richard H. Tompkins; 1859, Hugh N. Smith; 1860, 8. . Baird; 1860, 1861, R. H. Tompkins; 1862, Charles P. Clever; 1862, Ba Elkins; 1863, Charles P. Thomas Clever B. Catron. (resigned); 1867, Merrill Ashurst; 156%, N The United States attorneys were, 1846, Frank P. Blair, Jr.; 1847, Hee Smith; 1851, Elias P. West; R. H. Tompkins; S. B. Elkins. 1860, 1853, W. W. H. Davis; 1855, W. C. Jones; pte Theodore D. Wheaton; 1861, Merrill Ashurst; 180/, D The clerks of the supreme court were, 1847, James M. Giddings; 1854, L. M. Sheets; 1856, Augustin de Marle; 1859, Samuel Ellison; 1866, wa Gwynne; 1867, Peter Connelly; 1868, Samuel Ellison; 1869, William Breede?. 824 During the war of the rebellion he was a stanch Union man, ae his sentiments when it required nerve to maintain his patriotism. In aa Judge Houghton was an acting United States district attorney, and as aad drew several indictments for treason against prominent citizens. In the dc j 1865, when he was again appointed to the bench, he was assigned to the guits judicial district, and, while officiating as judge, had before him various eae brought under the act of congress of March 3, 1863, authorizing the nae ae tion of property in certain cases. By his rulings in these cases, u MEXICO DURING THE ee CIVIL WAR ee og 399 It does not appear that the delegates in congress from New Mexi co accomplished very much for their constitDELEGATES IN CONGRESS uents during this period. In 1863 Colonel Francisco Perea °*5 was Gallegos by a vote of 7,231 to 6,425. Houghton laid himself open to brought about through his lack December 15, 1865, says: ‘‘It is in all the essentials necessary to justice, and his appointment In 1865, elected over J. M. Colonel J. Fran- the severest criticism, much of which was of legal knowledge. The New Mezican of now clear that Judge Houghton is wanting a speedy and satisfactory administration of to the bench is but another evidence that those bred in the law should not be entrusted with its administration.’’ This court was called a ‘*prize court;’’ and so great was the indignation in certain quarters against the judge, the United States attorney, and the marshal, that on December 5, 1865, they were denounced to their faces as unmitigated scoundrels. It is impossible now to realize how overwhelming was the excitement and prejudice of those days. The exercise of calm judgment seems to have been almost an impossibility. In his two official terms Judge Houghton appears not to have filed but one written opinion. In the year 1869, he was sucJudge Bergen, appointed by President Grant. In 1849, Judge Houghton fought a bloodless duel with Major R. H. Weightman. The parties met in an arroyo, near the city of Santa Fé; when the command ‘‘fire’’ was given, only one shot was hear — that d from Weightman ’s ceeded by pistol, the ball from which passed close to Houghton ’s ear. Houghton who was slightly deaf, insisted that he had not heard the word of command. Weightman then lifted both of his hands in the air and told Houghton to Shoot; the seconds interposed, however, and the party left the grounds, Weight- man still insisting that what he had said concerning Judge Houghto n was the truth. Weightman had made some very objectionable statemen ts concerning Judge Houghton in a public address delivered at Socorro. 25 Francisco Perea was born at Padillas, Bernalillo county, New Mexico, January 9, 1830. He was the third child of Juan Perea who married Josefa Chaves. Juan Perea, the father, was born at Corrales, Sandoval county, New Mexico, in the year 1802 and was the son of Pedro Jose Perea and Barbarita Romero de Perea. New Mexico from His great-grandfather Don Pedro Ascencion Perea came to the City of Mexico about the year 1780. The maternal grandfather of Francisco Perea was Francisco Javier Chaves, governor of New Mexico, two of whose sons, Mariano and José, held the same office. : At the outbreak of the Civil War Colonel] Perea, after consultat ion with his grandfather and with his uncle, Jose Leandro Perea, became active in his efforts for the Union, visiting many localities in the Territory and urging the People to remain steadfast for the government. At his own expense he recruited a battalion and was commissioned lieutenan t-colonel of the regiment. ® was in command of the post at Alburquerque during the winter of 1861-62 from which place he directed several campaigns against the Navajé. He participated in the battle of Apache Canyon. He served several times as a member of the legislative assembly. In 1863 he was elected delegate in congress, im which position he acquitted himself with great honor and credit. He was a personal friend of President Lincoln and was seated very close to the President at the time he was assassinated. Colonel Perea was twice married, his first wife, Dolores Otero, being a daughter of Judge Antonio José Otero and hig Second, Gabriela Montoya. Of each marriage eighteen children were born; of the first only one is now living, Mrs. Amelia Parenti; of the second ten Survive. Colonel Perea received his education in a Jesuit college in St. Owls and also had as instructor, in a school in New York, the celebrated |