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Hispanas' Use of Spanish Mexican and Anglo American Law in Northern New Mexico and Southern Colorado, 1848-1912

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Hispanas' Use of Spanish Mexican and Anglo American Law in Northern New Mexico and Southern Colorado, 1848-1912 University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2015-01-07 "El Amparo de la Ley": Hispanas' Use of Spanish Mexican and Anglo American Law in Northern New Mexico and Southern Colorado, 1848-1912 Archer, Carol Archer, C. (2015). "El Amparo de la Ley": Hispanas' Use of Spanish Mexican and Anglo American Law in Northern New Mexico and Southern Colorado, 1848-1912 (Unpublished doctoral thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/25849 http://hdl.handle.net/11023/1986 doctoral thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY "El Amparo de la Ley": Hispanas' Use of Spanish Mexican and Anglo American Law in Northern New Mexico and Southern Colorado, 1848-1912 by Carol Archer A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILSOPHY DEPARTMENT OF HISTORY CALGARY, ALBERTA DECEMBER, 2014 © Carol Archer 2014 ABSTRACT Following the conclusion of the Mexican-American War of 1846-1848, and the acquisition of nearly one-half of Mexican territory, the United States replaced Spanish civil law with judicial procedures based on English common law in both New Mexico and Colorado Territories. New Mexico retained a community property system which ensured more property rights for women than the common law. However, based on the legal records of Rio Arriba County in New Mexico and Conejos and Costilla counties in Colorado, it is evident that Hispanas in both territories exercised customary inheritance practices, marital customs, and selective use of the law long after conquest. Changes in land title and taxation procedures, increased numbers of European Americans, especially in southern Colorado, and differing social attitudes affected the status of Hispanas. Cultural identity remained firm but new legal practices and power imbalances led to tremendous property loss. ii ACKNOWLEDGEMENTS I am grateful for the financial assistance provided by the Social Sciences and Humanities Research Council of Canada and the University of Calgary Research Grants Committee. These funds allowed me to complete research in New Mexico and Colorado. In addition, staff at the New Mexico State Records Center and Archives, the Colorado State Archives, the Alamosa County Office, and the Conejos and Costilla county courts in Colorado provided support and assistance many of whom expressed a friendly curiosity in the project. I owe a debt of gratitude to the University of Calgary History Department for welcoming me as a returning student after a career spent in public education. Special thanks go to my supervisor, Elizabeth Jameson, whose encouragement, prodding, and unwavering support steered me to the completion of the dissertation. Her guidance and thoughtful comments pushed me to sharpen my analysis and expand my ideas. I am also grateful to my committee for their careful reading and critiques. Douglas Peers, Donald Smith, Patricia Harms, and Lyndsay Campbell offered alternative perspectives that enriched my work and stimulated new ways of thinking about the topic. Finally, I thank my family for their patience and total support. My husband Chris never doubted that I would complete the dissertation and I thank him for his love, good humour, and all the hours spent cleaning up the kitchen after dinner so that I could return to work. My daughter Katherine and my son John, and their families, are truly the wind beneath my wings. iii TABLE OF CONTENTS Abstract…………………………………………………………………………………..ii Acknowledgements………………………………………………………………………iii Table of Contents………………………………………………………………………...iv List of Tables………………………………………………………………………….....v INTRODUCTION……………………………………………………………………….. 1 CHAPTER ONE: HISPANAS IN THE HISTORICAL NARRATIVE………………....31 CHAPTER TWO: A DEMOGRAPHIC PROFILE: RIO ARRIBA AND THE………...59 "MEXICAN" COUNTIES CHAPTER THREE: A WOMAN'S PLACE…………………………………………….86 CHAPTER FOUR: "THE CONTEXT OF LAWMAKING WAS THE FRONTIER"...112 CHAPTER FIVE: "A PREVAILING CUSTOM": LOVE AND LOSS ON THE……..148 FRONTIER CHAPTER SIX: "FOR ONE DOLLAR AND OTHER VALUABLE………………...192 CONSIDERATIONS": HISPANAS AND PROPERTY CHAPTER SEVEN: "IT IS MY LAST WISH"………………………………………..232 CHAPTER EIGHT: "AGAINST MY HONOR, DELICACY, AND………………….269 REPUTATION" CONCLUSION………………………………………………………………………...283 BIBLIOGRAPHY……………………………………………………………………...290 iv LIST OF TABLES Table 1. Occupations of Hispanic Male Family Heads: Rio Arriba County: 1850 65 Table 2. Population of Rio Arriba, Conejos, and Counties: 1870 69 Table 3. Population of Rio Arriba, Conejos, and Costilla Counties: 1880 70 Table 4. Male and Female Population of Rio Arriba, Conejos, and Costilla 70 Counties: 1880-1900 Table 5. Married Women of Rio Arriba, Conejos, and Costilla Counties: 1880 70 Table 6. Married Women of Rio Arriba, Conejos, and Costilla Counties: 1900 72 Table 7. Population of Rio Arriba, Conejos, and Costilla Counties: 1900 73 Table 8. Female-Headed Households of Rio Arriba, Conejos, and Costilla 79 Counties: 1880 Table 9. Female-Headed Households of Rio Arriba, Conejos, and Costilla 79 Counties: 1900 Table 10. Specified Grounds for Hispanic Divorces in Conejos and Costilla 179 Counties: 1868-1915 Table 11. Specified Grounds for European American Divorces in Conejos 180 County: 1908-1915 v 1 Introduction Historians are often mocked for seeing an inevitability in events that felt like messy happenstance when they actually occurred. The opposite intellectual error is to describe as surprising an outcome that was fairly predictable.1 The wind is ceaseless. It blows as if it will never end. Huge clouds of dust boil up and tear across the empty fields, reminding one of the dust storms in the 1930's: the empty swings on the children's playground shift forlornly back and forth, moved by invisible bodies. The great sand dunes thirty-five miles northeast of Alamosa, Colorado, also shift, moving endlessly in wavelike patterns, the sand particles trickling restlessly across the sculptured surfaces. It is difficult to recognize springtime in Colorado's San Luis Valley; the landscape is dun-coloured and seemingly lifeless, until one notices the activity on the edges of the fields that cover the countryside. People, trucks, and backhoes form in small clusters around the acequias that border the fields, irrigation ditches that will bring life-giving moisture to the crops. In a centuries-old tradition, the local farmers have gathered communally to clean out the past winter's debris. The season has shifted once more and spring is evident. The use of the word "shift" throughout the above paragraph is deliberate. The cleaning of acequias may have been an old and necessary activity but it did not represent a static, timeless culture in which nothing ever changed.2 Characterizing New Mexico 1 The Economist, October 2-8, 2010. 2 See Sarah Deutsch, No Separate Refuge: Culture, Class, and Gender on an Anglo-Hispanic Frontier in the American Southwest, 1880-1940 (New York: Oxford University Press, 1987), 5; Kevin Adams, Class and Race in the Frontier Army: Military Life in the West, 1870-1890 (Norman: University of Oklahoma Press, 2009), 8. Adams, in another context, stated that to regard the military as timeless ". is to flatten out enormous variability across cultures and eras." 2 and Hispanic culture as static dismissed its variety and rich traditions. The present U.S. Southwest was a region of great complexity in the nineteenth century as borders shifted, national and ethnic identities changed, and new institutions transformed both northern New Mexico and southern Colorado.3 The area existed under the jurisdiction of three countries in one century: Spain from 1598 until September 16, 1821, when Mexico gained its independence; Mexico from 1821 until 1848; and the United States following the Mexican-American War, 1846-1848 until the present. After the war, the terms of the Treaty of Guadalupe Hidalgo forced Mexico to surrender forever almost one half, or over 500,000 square miles, of its territory for $15 million, an event that one Mexican historian referred to as " la mutilación territorial que sufrimos (the territorial mutilation that we suffered)."4 The vast region influenced by the Spaniards acquired a new name, the U.S. Southwest, that eventually produced a new school of history—the Spanish or Mexican Borderlands.5 But even the borderlands shifted, for originally they had included the present day states of Florida, Georgia, Louisiana, Mississippi, Alabama, and the U.S. 3 See Ralph H. Vigil, "Historical Overview" in Ellwyn R. Stoddard, Richard L. Nostrand, and Jonathan P. West, Borderlands Sourcebook: A Guide to Literature on Northern Mexico and the American Southwest (Norman: University of Oklahoma Press, 1983), 27-28 which included southern Colorado within the Hispanic Southwest because, although it was settled by New Mexican pioneers in the nineteenth century, "its land titles often derive from original Mexican grants, and the rivers, valleys, and mountains of the region have Hispanic toponyms." Also, traditional plaza arrangements dominated the Spanish-American settlements. 27-28. 4 David
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