| Biography | | H. Houghton: He also had a wife of Spanish ancestry. Moved to New Mexico in 1844 (when a Mexican territory) and became a territorial judge later. He was Chief Justice in Santa Fe, NM. H was the first District Deputy Grand Master of Missouri (Mason) and Master of Montezuma Lodge in 1855-56.
The following article was published in IMPACT, the Albuquerque Journal Magazine, on May 6, 1980. It was written by Howard
Houghton of Santa Fe, New Mexico. He says in the article that Judge Houghton was his "great, great, great uncle".
"He was chief justice of New Mexico's first Supreme Court, from 1846 to
1851. He was the principal author of the territory's first constitution
in 1850. He designed the first Capitol and the first penitentiary,
neither of which was completed. Yet it seems few people have ever heard
of Joab Houghton. I hadn't either until I was told recently that he was
my great, great, great uncle.
Checking the New Mexico history books, I found there are a couple of other
"firsts" on his record. For example, he was probably the first New Mexico
judge to have it out with a political opponent in a pistol duel. He also,
quite possibly, was the first person to inform the government in
Washington that adobe is not a suitable building material for New Mexico's
climate.
He is not New Mexico's answer to Thomas Jefferson. In fact, a few
historians have judged him rather harshly. But it's clear he was a man of
varied talents and considerable ambition. Although he served as chief
justice, he apparently never had any formal legal training. He was, shall
we say, a businessman-politician-cum-lawyer whose education was in civil
engineering. He might never have become a judge if he hadn't been one of
the few learned Americans around when Gen. Stephen Kearny marched into New
Mexico in 1846 during the Mexican War. Born in New York State, Houghton
had arrived here (Santa Fe) three years earlier at age 33. By 1845, he
was a leading trader on the Santa Fe Trail and serving as the American
Consul in Santa Fe. As the U.S. Army approached Santa Fe, he sent a rider
out to inform Kearny of brief, half-hearted troop maneuvers by Mexican
Gov. Manuel Armijo, who eventually fled south. Perhaps as a reward,
Kearny appointed Houghton chief justice of the government he set up before
marching on to take California.
Thus, his legal career was launched. Although the military held sway
during the first years of the American occupation, he served as chief
justice until the territorial government was established in 1851. He went
on to become a practicing lawyer by reading law. During the Civil War, he
was U.S. District Attorney for New Mexico, and managed an appointment from
Abraham Lincoln as an associate justice for the territory from 1865 to
1869. But, commented New Mexico historian Ralph Emerson Twitchell, "He
was not educated to the bar and the records of his court from 1846 to 1850
fairly demonstrate, from the crude manner in which the entries are made
and from the decidedly peculiar and irregular method of entering orders,
judgments and decrees, that his experience in dispensing justice in those
turbulent and troublous times was anything but satisfactory either to
himself or to litigants."
One of his earliest gaffes occurred when he presided over the trial of the
accused murderers of Territorial governor. Charles Bent. Bent, his
friend, was killed in Taos during an uprising against the American
occupation in 1847. After the trial, there were inquiries about the
correctness of trying the defendants for "treason against the United
States" -- in view of the fact New Mexico was still occupied territory at
the time. But, no matter what the charge, it's doubtful the sentence he
rendered would have been any different: "...to be hanged by the neck till
you are dead! Dead! Dead! And may the Almighty God have mercy on your
soul."
His judicial shortcomings became something of an issue following the Civil
War, when he was serving as an associate justice over New Mexico's
southern district. He was staunchly anti-slavery and pro-Union. As U.S.
District Attorney during the war, he had caused treason indictments
against a number of prominent New Mexico citizens for aiding Confederate
forces. As a judge, he ordered the confiscation of property that belonged
to Southern sympathizers. His rulings in several cases caused his court
to be labeled a "prize court." The Santa Fe NEW MEXICAN editorialized in
December, 1865, "It is now clear that Judge Houghton is wanting all the
essentials necessary to a speedy and satisfactory administration of
justice, and his appointment to the bench is but another evidence that
those not bred in the law should not be entrusted with its
administration." In Houghton's defense, historian Twitchell cautioned,
"It is impossible now to realize how overwhelming was the excitement and
prejudice in those days. The exercise of calm judgment seems to have been
almost an impossibility."
Houghton's career on the bench came to an end in 1869, shortly after the
Territorial Legislature petitioned for his removal. The alleged grounds
wee non-residence in his judicial district, "neglect of duties, engaging
in private practice of law, partisanship for (President) Andrew Johnson,
and illegal decisions." Soon after, President U.S. Grant came into office
and removed the entire judiciary in New Mexico.
While his career as a judge was rocky at times, he had a fair measure of
success in politics. He wielded enough influence over one of the early
territorial parties that it became known as the "Houghton faction." In
those days, there were no affiliations with national parties. Factions
wee organized around the issues of what type of government New Mexico
should have -- statehood or territorial status -- and who would get the
positions of power in the new government. Most New Mexicans were opposed
to Texas' claim that it owned everything east of the Rio Grande and were
anxious to have a separate, independent status. Houghton and other
officials in the government of the occupation initially favored a
territorial government. According to historian Frank reeve, "they
believed that continued control of patronage by Washington would keep them
in office and there would be less likelihood of withdrawal of the troops
from New Mexico which were an important source of income."
The opposition, which favored statehood, was led by a retired Army officer
named Richard Weightman. His faction was irritated by the military
government and pushed for statehood even if it meant joining the Union as
a pro-slavery state. All manner of charges and personal attacks were
exchanged in speeches and letters to Washington, with each side seeking
influence and positions in the new government. For awhile, the Houghton
faction enjoyed the advantage of possessing the only printing press, which
they used to publish various newspapers, such as the SANTA FE REPUBLICAN,
an early version of the SANTA FE NEW MEXICAN and the SANTA FE WEEKLY
GAZETTE.
Apparently swept up in politics and judicial duties, Houghton's
partnership in a trading business, described as once "one of the leading
mercantile houses west of Missouri," was dissolved in bankruptcy in 1848.
In 1849, Houghton's clash with Weightman reached a crescendo. Weightman
accused him of accepting bribes. The judge replied with a challenge that
read, in part, "I demand of you an unequivocal retraction of such
slanders, or the satisfaction due from one gentleman to another."
The contest of honor was held in an arroyo north of Santa Fe. Weightman,
a former soldier, fired when the word of command was given, while
Houghton, who was slightly deaf, ducked his head as the bullet whizzed
past. By most accounts, the judge shouted, "I didn't hear the command to
fire." When Weightman held up his hands and said, "all right, you have
the right to shoot -- fire now," The seconds rushed in and stopped the
proceedings. In a compromise, Weightman reportedly said, "I'll apologize
as far as being sorry is concerned, but I can't take back what I said, for
it is so." Houghton evidently was willing to take that as an apology, but
vowed that if Weightman ever again insulted him on the bench, he would
shoot to kill the next time.
The Houghton faction, which eventually was convinced to support the idea
of statehood, dominated early legislative assemblies. The judge himself
is credited with writing most of the constitution adopted in 1850 and
presented to Congress. It was strictly antislavery. It also defied Texas
by locating the capital at Santa Fe, 20 miles east of the Rio Grande.
Houghton lost to Weightman, however, in a contest over who would be
nominated senator from New Mexico. With the formation of the territorial
government in 1851, he also lost his post as chief justice. It was at
this point that he became involved in the territory's efforts to build a
Capitol and a penitentiary, an involvement that has aroused the suspicions
of a few historians.
Wrote Howard Lamar in "The Far Southwest", "It was in the field of funds
for building a Capitol that the (territorial) Assembly reached a frontier
norm for pork barrel handouts. The indefatigable Joab Houghton, now no
longer the chief justice, and having become bankrupt as a merchant,
suddenly remembered that his first profession had been that of a practical
engineer. Why not return to that earlier calling and be of service to the
new territory by agreeing to build a suitable Capitol building?" A
cooperative legislature appointed Houghton chairman of a three-member
building commission and asked Congress for $ 68,000 -- his estimate of the
cost of construction. The appropriations from Washington began in 1853
with $ 20,000 and increased to $ 70,000 in 1854, with money included for a
penitentiary as well as a Capitol.
"In his report to Washington," said Lamar, "(Houghton) solemnly
recommended that the prison be constructed of stone and not adobe, for ‘I
am now informed that a visible change has taken place in the climate of
New Mexico.' The rainfall had become more plentiful. With increased
humidity, he warned, an adobe prison would soon ‘melt.'"
Another writer, Lewis Garrard, has charged that Houghton "controlled the
stone quarries," and that he and other Anglo merchants realized "huge
financial gains from materials they sold the government." "The secretary
of the treasury, James Guthrie, although astonished at Houghton's remarks,
nevertheless reluctantly approved the use of stones," said Garrard.
"Houghton realized great profit not only from the sale of stone, but from
lime and other materials as well."
After a controversy over location of the penitentiary, work began in 1855.
Foundations were constructed for both the prison and the Capitol at a site
just north of the Santa Fe Plaza. The money was expended before the end
of 1856, and, despite repeated requests for more funds, none were granted
until 1860, when Congress appropriated another $ 60,000 for completion of
the buildings. By then, however, parts of the penitentiary walls had
crumbled and many repairs had to be made on the already completed sections
of the Capitol. Whatever hopes there were of finishing the project ended
with the outbreak of the Civil War. During the conflict the penitentiary
walls fell into a state of ruin. Santa Fe's main post office now stands
on the site. The Capitol, which was raised to a height of a story and a
half, stood in the same condition for 30 years. In the late 1880s, New
Mexico's delegate in Congress secured an appropriation for completion of
the building. But it has since been known as the Federal Building and was
never used for Capitol purposes.
Houghton apparently had more success in the building of the first
Protestant church in the territory. W. H. H. Davis wrote that a Baptist
church was completed in January 1854. He described it as a "neat and
comfortable building." He added, "In the erection of the building much
praise is due to the Hon. Joab Houghton, who took a lively interest in it
from the beginning, and seconded all the efforts... to have it completed."
The church was torn down and replaced with a brick edifice in the late
1880s by Presbyterians, who bought the property shortly after the Civil
War.
Houghton was listed as the lawyer for at least a dozen claimants of land
grants, an area of litigation that was a bonanza for Santa Fe lawyers
during the Territorial period. Getting clear title to the sometimes
rubbery land grants was often a matter of persistence and influence. He
was one of the attorneys responsible for getting one large land grant
confirmed by Congress in 1860.
Along with a partner, he also garnered a contract to deliver monthly mail
by coach between Santa Fe and San Antonio, Tex., in 1854. The contract,
which called for annual compensation of $ 16,750, became the subject of a
dispute that ended up in the U.S. House of Representatives. The result,
according to one source, was "the amount claimed by the mail contractors
was considerably reduced." In other areas, he helped organize the
Historical Society of New Mexico in 1859 and was one of the participants
in a gold-hunting expedition near "the headwaters of the Gila" in 1866.
He retired sometime around 1875. He left Santa Fe, where a residential
street still bears his name, and moved to Las Vegas, N.M. He died the
following year."
----------------
The following descriptions have been collected by Jerry Zollars
He was a lineal descendant of Sir John Houghton, Bart., of Houghton La
Spring, England [CJV: not so]. Before the Mexican War, Joab Houghton was Acting Consul
to Mexico for the United States in Santa Fe; after peace was declared he
was appointed one of three Chief Justices of the Territory of New Mexico,
which office he held for 4 years, the full term. Under President Lincoln
he was appointed Associate Judge for 4 years. He was always intimately
connected with the government of the New Mexico Territory, and held many
important positions, such as Acting Governor, Registrar of the Land
Office, Superintendent of Public Buildings, etc. He was educated at
Princeton College, New Jersey. He was one of the principal drafters of
the first Territorial constitution and is said to have designed the first
Territorial Capitol building - the current Federal Building in downtown
Santa Fe, New Mexico.
R. E. Twichell, in his LEADING FACTS OF NEW MEXICAN HISTORY, says of
Houghton:
"He was born in the year 1809, in the state of New York (this is probably
incorrect), where he received a common-school as well as a collegiate
education. He was a civil engineer by profession. When thirty-three
years of age he came to New Mexico and in the year 1845 was appointed
United States consul at Santa Fe. About the same time he engaged in
merchandising with Eugene Leitensdorfer, and, from 1846 to 1848, theirs
was one of the leading mercantile houses west of the Missouri river. The
firm had its store on the corner of what was known as the Galisteo road
and San Francisco street in Santa Fe. After his appointment by General
Kearney, Judge Houghton held his first term of court for Santa Fe county
in December, 1846, and continued to hold court regularly at the appointed
terms up to his retirement from the bench in 1852. Judge Houghton
presided at Taos in the trials of the men accused of the murder of
Governor Bent. He was not educated to the bar and the records of his
court, from 1846 to 1850, fairly demonstrate, from the crude manner in
which the entries are made and from the decidedly peculiar and irregular
method of entering orders, judgments, and decrees, that his experience in
dispensing justice in those turbulent and troublous times was anything but
satisfactory either to himself or to litigants.
In 1849, Judge Houghton fought a bloodless duel with Major R. H.
Weightman. The parties met in an arroyo, near the city of Santa Fe; when
the command "fire" was given, only one shot was heard -- that from
Weightman's 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, Weightman still insisting that what he had said concerning Judge
Houghton was the truth. Weightman had made some very objectionable
statements concerning Judge Houghton in a public address delivered at
Socorro.
In 1850, Judge Houghton and Murray F. Tuley framed a constitution for the
state of New Mexico. It was modeled after the constitutions of the newer
states of the Union, and, among other things, contained a clause
prohibiting slavery, in order to meet the views of the native New Mexicans
who were pronouncedly opposed to slavery in any form. The constitution
was adopted on the 20th of June, with little if any opposition. During
this period, Judge Houghton drew up the plans for the capitol building but
the building (the current Federal Building on Federal Place) was not built
until the 1880's, after his death, and never used as a capitol.
During the Civil War he was a staunch Union man, asserting his sentiments
when it required nerve to maintain his patriotism. In 1862 Judge Houghton
was an acting U.S. district attorney and as such drew several indictments
against prominent citizens. In the year 1865, when Judge Houghton was
again appointed to the bench, he was assigned to the 3d judicial district
and while officiating as judge had before him various suits brought under
the act of congress of March 3d, 1863, authorizing the confiscation of
property in certain cases. By his rulings in these cases he laid himself
open to the severest criticism, much of which was brought about through
his lack of legal knowledge.
The New Mexican of December 15, 1865, says: "It is now clear that Judge
Houghton is wanting in all the essentials necessary to a speedy and
satisfactory administration of justice, and his appointment to the bench
is but another evidence that those not bred in the law should not be
entrusted with its administration." His 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 he appears to have
filed but one written opinion; that was in the case of Archibeque vs.
Miera, in 1869, in which year he was succeeded by Judge Bergen, appointed
by President Grant. The legislative assembly of the territory passed a
memorial to congress asking for his removal in 1868.
Many incidents in Judge Houghton's career are narrated in THE MILITARY
OCCUPATION OF NEW MEXICO, 1846-1851, by R.E. Twichell.
" After his retirement from the bench Judge Houghton practiced law and
lived in Santa Fe until 1876 when he moved to Las Vegas and died. He left
Caroline, then 45, with 4 children ranging from 9 - 17 years of age. She
lived on for another 36 years."
---------------
In an 1891 report published in the New Mexico Bar Association Minutes, p.
44, Twitchell sums up Houghton's life as follows:
"All in all, he was a fairly good man. He had his faults, but they were
not glaring. He tried to do his duty as a judge and if he failed it was
purely through his lack of legal knowledge and not with an intention to
wilfully wrong any man."
In the book, A CENTURY OF FREEMASONRY IN NEW MEXICO (1851-1951) published
by the Montezuma Lodge No. 1 in Santa Fe, NM, he is shown as having been a
Grand Marshall of the Montezuma Lodge during the years 1856-58, and a
picture of him is included. The book indicates that he was buried in the
Masonic Cemetery in Las Vegas, NM but the contemporary Masonic officials
in Las Vegas have no record of his burial there, and no tombstone has been
found. Some evidence exists showing that he was a member of Union Lodge
#480 at his death, and that members of that lodge arranged his funeral in
the Masonic Cemetery at Las Vegas, NM.
Jerry Zollars has examined tombstones in the following cemeteries in an
unsuccessful attempt to locate Judge Houghton's final burial place:
The Masonic Cemetery, Las Vegas, NM
The Wagon Mound Cemetery, Wagon Mound, NM
The Shoemaker Cemetery, Shoemaker, NM
A small cemetery outside Watrous, NM
The Fairview Cemetery, Santa Fe, NM
The National Cemetery, Santa Fe, NM
----------
Judge Houghton was a supporter of the first Baptist Church to be built in
Santa Fe in 1854.
He served as the President of the Congregation of the Santa Fe
Presbyterian Church for a period after May 8, 1868 and was a member of the
Church's Board of Trustees from 1869 to 1872.
-------------
On July 2, 1854, he and Elias Brevoort of Santa Fe contracted with the US
government to carry a monthly mail between Santa Fe, Albuquerque, Socorro,
Dona Ana, Fort Fillmore, New Mexico and Fronteras, El Paso, San Elisario,
Magoffinsville, Leona, and San Antonio, Texas for an annual compensation
of $ 16,750.00. This contract was involved in extended controversy and
litigation.
In 1857 he was a partner in the Santa Fe law firm of Houghton, Wheaton &
Smith.
----------
Arie W. Poldervaart wrote an extensive study of the history of
administration of justice in new Mexico from the American occupation in
1846 until Statehood in 1912 that was published in 1948 as a book
entitled, "BLACK-ROBED JUSTICE". It contains a great deal of information
about Judge Houghton. Jerry Zollars has selected the following items for
inclusion here:
The trial of the Taos insurgent, Antonio Maria Trujillo:
"Soon after Judge Houghton had opened his first court at the capital an
insurgent old native by the name of Antonio Maria Trujillo, living near
Lan Canada, now Santa Cruz, on or about January 20, 1847, became involved
in a movement, said to have been part of a carefully devised plot, to
upset the American controlled regime and to turn the territory back to
Mexican jurisdiction. The uprising led to assassination of the governor
of the Territory, Charles Bent, of Narcisco Beaubien, son of Judge
Beaubien, and of others. Judge Houghton went to Taos to assist and sit
for Judge Beaubien, who presided over the northern district of the
territory, when the latter was disqualified because of personal interest
from conducting the case, perhaps the most famous court trial ever held
there under American jurisdiction.
Presnet at the trial in the primitive court room, and guarded by members
of the military detachment under command of a Lieutenant Colonel Willock,
were two daughters of the murdered governor; Willam and George Bent,
brothers of the governor; Lucien B. Maxwell of Maxwell Land Grant fame;
Richard (Uncle dick) Wooton, operator of the toll road across Raton pass;
Judge Beaubien, and a large number of other prominent citizens. Trujullo
was given a trial by jury in the new American way, and convicted. If not
the trial, certainly the sentence imposed upon Trujillo will live as one
of the most interesting in New Mexico history, serving it is believed, as
a model for a famous and much quoted sentence pronounced by Chief Justice
Kirby benedict over a decade later.
The Court spoke as follows:
"Antonio Maria Trujillo -- A jury of twelve citizens, after a patient and
careful investigation, pending which all the safeguards of the law,
managed by able and indefatigable counsel, have been afforded you, have
found you guilty of the high crime of treason. What have you to say why
the sentence of death should not be pronounced against you?
Your age and gray hairs have excited the sympathy of both the court and
the jury. Yet while each and all were not only willing but anxious that
you should have every advantage placed at your disposal that their highly
responsible duty under the law to their country would permit, yet have you
been found guilty of the crime alleged to your charge. It would appear
that old age has not brought you wisdom nor purity nor honesty of heart.
While holding out the hand of friendship to those whom circumstances have
brought to rule over you, you have nourished bitterness and hatred in your
heart. You have been found seconding the acts of a band of the most
traitorous murderers that ever blackened with the recital of their deeds
the annals of history.
Not content with the peace and security in which you have lived under the
present government, secure in all your personal rights as a citizen, in
property, in person, and in your religion, you gave your name and
influence to measures intended to effect universal murder and pillage, the
overthrow of the government and one wide-spread scene of bloodshed in the
land. For such foul crimes an enlightened and liberal jury have been
compelled, from the evidence brought before them and by a sense of their
stern but unmistakable duty, to find you guilty of treason against the
government under which you are a citizen. And there only now remains to
the court the painful duty of passing upon you the sentence of the law,
which is that you be taken from hence to prison, there to remain until
Friday, the 16th day of April next, and that at 2 o'clock in the afternoon
of that day you be taken thence to the place of execution, and there be
hanged by the neck till you are dead! dead! dead! and may the Almighty god
have mercy on your soul. Joab Houghton, Judge"
Filed March 16, 1847
James M. Giddings, Clerk
It is to be noted, however, that after the conviction of Trujillo, Judge
Houghton signed a petition, along with the United States attorney, the
counsel for the defense, most of the members of the jury before whom
Trujillo was tried, and a number of other respectable citizens, suggesting
that execution of the sentence by suspended until a petition could be laid
before the president of the United States seeking pardon for the old man
by reason of his age and infirmity. This was sent by governor Donaciano
Vigil to President James K. Polk with a recommendation from him personally
for executive clemency. The president, apparently on grounds that the
insurgents in New Mexico were not yet citizens of the United States,
courteously declined, but suggested that the governor might properly grant
the pardon in his stead. No further coaxing was necessary and the old man
was spared from the gallows." pp 22-24. (1)
Marriage Notes: In 1860, Ann Caroline bought a house in Santa Fe. It
appears to be at the present corner of Washington Avenue and Palace Avenue
where the Howell Gallery now stands. The documents relating to this
purchase follow:
The Sale of land and house of Hugh N. Smith to Anne Caroline Houghton,
April 2, 1861. This document was found in the W. W. Griffin Papers, Box
1, Folder 8, New Mexico State Archives, Santa Fe, New Mexico.
"Know all men by these presents that I, Henry Oneill legally constituted
attorney of Robert N. Smith of the County of Lafayette in the State of
Missoury and father and heir of the late Hugh N. Smith late of the
territory of New Mexico and County of Santa Fe by virtue of the power and
authority in me vested by a certain power of attorney to me made and
executed bearing date the 13th day of September, AD 1861, by the said
Robert N. Smith which said power attorney is herewith recorded. In
Consiteration of the same of Two thousand five hundred Dollars to me paid
by Ann Caroline Houghton of the County of Santa Fe and Territory of New
Mexico, the receipt whereof is hereby acknowledged, do by these presents
give, grant, bargain, sell and convey unto the said Ann Caroline Houghton,
her heirs and assigns, a certain parcel of land situate in the city of
Santa Fe, bounded and described as follows.
Beginning at a point on the East side of the street leaving from the said
city of Santa Fe Northerly towards Taos, and the Northwest Corner of the
lands of the late Hugh N. Smith deceased and running thence Northerly on
the East side of said Street Seventy five feet to a Stone for a Corner.
Thence Eastward and parallel with the North line of the property of the
said Hugh N. Smith, Preston Beck and Juan Sena to the West Wall of the
cienega, thence Southerly along the Wall of said cienega, to the North
lines of the lands of the said Juan Sena and thence Westwardly along the
said North line of Hug H. Smith, Preston Beck, and Juan Sena, to the place
of Beginning. Said land being seventy five feet wide [prorvaid year]??
the same having been conveyed to the said Hugh N. Smith deceased by
Sutiones Sandoval the 16th day of February AD 1857 by Deed also. By there
present a certain house and lot adjoining the above described on the North
by above described lot of land. East by a house and lot belonging to the
estate of the late Preston Beck to deceased, South by a Public Street
leading in the Public Plaza of the city of Santa Fe, and on the West by
another Street meeting the first mentioned Street at a right angle. Of
the Southwest Corner of the last described premises. Together with all
the buildings improvements, rights, privileges and appurtenances unto the
two described parcel of land belonging or anywise appertaining. To have
and to hold the said described premises to the said Ann Caroline Houghton
her heirs and assigns forever, and I the said Henry Oneill, attorney as
aforesaid for the said Robert N. Smith and for his heirs executors, and
administrators and for my self my heirs executors and administrators do by
these presents warrant and defend the tittle to said Real Estate against
the claim or claims of all persons whatsoever who may claim under by or
through the said Robert N. Smith, his heirs, executors and administrators
or his said attorney but no other person whatsoever.
In testimony whereof I have, hereunto set my hand and seal, this second
day of April AD 1861. Henry Oneill, attorney.
United States of America
Territory of New Mexico
Before me the undersigned, Clerk of the United states District Court for
the first Judicial District, Territory aforesaid personally appeared Henry
Oneill to me known to be the same person who signed the foregoing Deed of
Conveyance and acknowledged that he executed the same for the purposes and
designs therein wherein at his (???) Act and Deed.
In testimony whereof, I have hereunto set my hand and affixed the seal of
said Court this 2 day of April 1861. Sam'l Ellison, Clerk
Territory of New Mexico
County of Santa Fe
I, the undersigned Clerk of the Probate Court in and for the county of
Santa Fe, in the territory aforesaid, do hereby Certify; that the
foregoing is a true copy of the record; taken from book "C" records of
deeds, pages 272 and 273, non remaining in my office.
Witness my hand and the Seal of the Probate Court of said County, at Santa
Fe, NM this 14th day of April AD 1874 Ambrosio Ortiz, Clerk of the Probate
Court.
-----------------
In September, 1870, Joab and Ann Caroline borrowed $ 4600 from Lucien B.
Maxwell giving the deed to their Santa Fe house as security. The
documents relating to this loan follow:
The is a Mortgage of land and house of Joab and Anne Caroline Houghton to
Lucien B. Maxwell, Sept 5, 1870. This document was found in the W. W.
Griffin Papers, Box 1, Folder 10, New Mexico State Archives, Santa Fe, New
Mexico.
This Indenture made the fifth day of September eighteen hundred and
Seventy between Joab Houghton and Ann Caroline Houghton his wife of the
City and County of Santa Fe and Territory of Mexico, part of the first
part, and Lucian B. Maxwell of the County of Colfax and Territory
aforesaid, part of the second part. Witnesseth that the said party of the
first part for and in consideration of four thousand six hundred dollars
to them paid, the receipt whereof is hereby acknowledged have granted
being arrived, sold and conveyed unto the said part of the second part and
to his heirs, and assigns forever all the real estate following to wit:
A certain house and lot of land situated in the City of Santa Fe and
territory of New Mexico, and bounded on the North by the lands of the
widow of the late Governor Henry Connelly deceased; on the South by the
street leading from the North East Corner of the Plaza of the City of
Santa Fe. Eastwardly to the cienega; and by the house and lands of Col.
John C. McFerran, on the East by the house and lands of the said John C.
McFerran and the lands of the widow the late Juan Sena deceased; and on
the West by the Street leading from the said Northeast Corner of the Plaza
Northerly in the direction of the town of Taos; being the same real estate
conveyed to the said Ann Caroline Houghton in her own right by Robert N.
Smith father and sole heir of the late Hugh N. Smith deceased, late of the
County of Santa Fe aforesaid by deed being dated the second day of April
1861 and record in book C, record of deeds in the Office of the Probate
Clerk of the said County of Santa Fe at pages 272 , 273 & 274; together
with all the buildings, improvements , rights, privileges, and
appurtenances to the said described real estate belonging or in anywise
appertaining. To have and to hold the said described premises to the said
Lucien B. Maxwell and to his heirs and assigns forever.
And the said parties of the first part for themselves and for their heirs,
executors, administrators and assigns do by these presents warrant and
defend the title to the said real estate to the said Lucien B. Maxwell his
heirs and assigns against the claims of all persons whatsoever who may
claim under by or through the parties of the first part or through either
of them their heirs, executors or administrators.
In testimony whereof we have here unto set of our hands and seals the day
and year first above written. Signed...... J. Houghton A. C.
Houghton
Territory of New Mexico
County of Santa Fe
Personally appeared before me the undersigned Clerk of the District Court
of the first Judicial District of the Territory of New Mexico Joab
Houghton and Ann Caroline Houghton known to me to be the persons who
executed the foregoing Deed of Conveyance and acknowledged that they had
signed and sealed the foregoing Deed of Conveyance for the uses and
purposes therein expressed. And the said Ann Caroline wife of the said
Joab Houghton being by me examined separate and apart from her said
husband then and there acknowledged that she signed and executed the same
as her voluntary act and clear and without fear, compulsion or undue
influence of her said husband.
In testimony whereof I have hereunto set my hand and affixed the seal of
the said District Court of Santa Fe this fifth day of September AD 1870.
Wm Breeder, Clerk
Territory of New Mexico
County of Santa Fe
I, Trinidad Alarid, Clerk of the Probate Court, in and for the County of
Santa Fe, in the Territory of New Mexico, do hereby Certify; that the
foregoing Deed of Conveyance was filed in my office for record on the
fifth day of September A.D. 1870 at two o'clock of said day; and that the
same was by me recorded on the same day in book "C" pages 420, 421 and 422
of record of deeds kept in my office for that purpose. Witness my hand
and the Seal of said Court at Santa Fe, N.M. date at Supra.
Trinidad Alarid
Probate Clerk & ex officio Recorder
--------------
The actual Note read as follows:
Santa Fe, New Mexico
September 5th 1870
$ 4600.00
On year after date we or either of us promise to pay to the order of
Lucian B. Maxwell Four Thousand Six Hundred dollars for value received
with interest at the rate of twelve per cent from date till paid.
J. Houghton
A. C. Houghton
--------------------
Joab Houghton wrote a covering letter to Lucien Maxwell to accompany the
Note and Mortgage as follows:
The is a letter from Joab Houghton to Lucien B. Maxwell dated Sept 1,
1870. This document was found in the W. W. Griffin Papers, Box 1, Folder
10, New Mexico State Archives, Santa Fe, New Mexico.
Joab Houghton to L. B. Maxwell
letter about Griffins house Sept 1, 1870
Santa Fe, New Mexico
September 5th 1870
L. B. Maxwell
Cimarron, N.M.
Dear Sir
Herewith you find enclosed our Deed and Note for $ 4600 - the Deed signed,
acknowledged and recorded - proper revenue stamp $5. All complete - the
note requires no stamp for the reason that the Deed is given to secure its
payment. Stamp on one is sufficient. Please fill out the date and sign
(without witnesses) the obligation to reconvey upon payment and return it
with the $ 4500 (sic.)
I hope you will be able to forward the money by the return mail after
receipt of this - As the Jews are already watching to devour us - our
property - and Isheredon(sp?) (the hardest of the race) would not spare me
an hour - I would be in bad fix should any delay occur in the receipt of
the money - For Gods sake do not let any delay happen, Mac, for any cause
whatever - We will make all right long before the year's out.
Send by express or Registered letter, either way is safe - the Registered
letter will be least trouble for you and least cost to me.
Very truly yours
J. Houghton
---------------------------------
Apparently, the note was not repaid by one year later, and the Houghtons
asked their friend, Lucien Maxwell, to extend the loan for 6 months as
follows:
The is a letter from Lucien B. Maxwell to Joab and Ann Caroline Houghton
to dated Sept 5, 1871. This document was found in the W. W. Griffin
Papers, Box 1, Folder 10, New Mexico State Archives, Santa Fe, New
Mexico.
J. Houghton
A. C. Houghton
Note
$ 4600.00
Due Sept 5/71
Payment of the within is secured by deed of equal date. Conditioned
property to be reconveyed upon payment of the within.
Payment of the within note extended six months from the fifth day of
September 1871.
Fort Sumner, N. Mex
September 20th, 1871
L. B. Maxwell3,15
|
