Like many of his 19th-century contemporaries,
three-term Territorial Delegate José Francisco
Chaves, used his distinguished military service as a
route to political office. A prominent militia commander
and a Union officer during the Civil War, Chaves began as
a local power broker working with key politicians in Santa
Fe. Elected to Congress at the end of the Civil War,
Chaves emerged as a strong supporter of New Mexican
statehood when he made a memorable speech on the
House Floor. In an open letter to constituents, Chaves
pointed out the disadvantages of New Mexico’s remaining a
territorial possession. “You are not the owners of your own
laws or of your own servants [political representatives],”
Chaves declared. “Therefore, you are not essentially a free
people, but rather a subordinate, dependent community,
governed … by the pleasure or whim of men who live far
from your borders, who in their public actions towards
you are sometimes governed by individual influences and
rarely act with due concern for your true condition and
your needs.”1
José Francisco Chaves was born on June 27, 1833,
in Los Padillas, Bernalillo County, New Mexico, to
Mariano Chaves and Dolores Perea. Like their cousins
Francisco and Pedro Perea, the Chaves family played a
prominent role in New Mexico’s military and political
affairs. Chaves’s paternal grandfather, Francisco Xavier
Chaves, was governor of New Mexico after Mexico won its
independence from Spain in 1821. Chaves’s father was a
prominent military officer and an aide to Mexican general
Manuel Armijo, who suppressed the Pueblo Revolt of
1837. José Chaves was educated in Chihuahua, Santa Fe,
and St. Louis. Like the sons of many elites in New Mexico,
Chaves attended college in Missouri, studying at St. Louis
University from 1841 to 1846.2 “The heretics are going
to over-run all this country,” Mariano Chaves told his
son before sending him to St. Louis. “Go and learn their
language and come back prepared to defend your people.”3
Chaves returned to New Mexico and may have fought in
the Mexican-American War. Afterward, he completed his
education in New York, attending private academies in
New York City and in Fishkill. He also studied medicine
for one year at the College of Physicians and Surgeons in
New York City before returning to New Mexico in 1852.
From 1853 to 1857, he managed the family ranch. Chaves
married Mary Bowie of California in 1857, and they raised
a daughter, Lola, and a son, Francisco. After Mary died in
1874, Chaves married Mariana Armijo and adopted her
son, James. Mariana passed away in 1895.4
Chaves’s career in local politics began at the same time
he became active in territorial military affairs. In 1859
and 1860, he took part in military expeditions against
hostile Navajos, whose attacks on U.S. settlements resulted
in approximately 300 deaths and $1.5 million in stolen
property. Chaves had been elected to the Ninth Legislative
Assembly (1859–1860) as a representative of Valencia
County, but because of his military commitment, he served
just one term. At the outbreak of the Civil War in 1861,
Chaves served as a major in a volunteer regiment of the
First New Mexico Infantry to defend the territory against
a Confederate army led by General Henry Sibley. During
the war, Chaves served at Fort Union, near Santa Fe, and at
Fort Craig. He also fought in the Battle of Valverde and in
skirmishes near Albuquerque.5 Chaves was promoted to a
lieutenant colonel for his service.
After the Confederates were definitively repulsed in
late 1862, the Union Army in the Southwest targeted the
Apaches and the Navajos. Chaves led four companies of
infantry into lands west of Santa Fe to harass the Navajos
and protect U.S. settlers.6 The goal was to compel their
surrender and move them to the newly formed Bosque
Redondo Reservation in eastern New Mexico, an area
that was hundreds of miles from Navajo territory. Failure
to comply, the army warned, would mean annihilation.7
Chaves helped establish Fort Wingate, where he assumed
command and assisted Colonel Kit Carson to harass and
attack the Navajos in the summer of 1863. Years later
Chaves recalled, “The instructions which I received from
General [James H.] Carleton … were to call in some
of their principal [Navajo] men and notify them that
a vigorous war would be waged against them for their
many depredations against the citizens, and that all those
who claimed to be good Indians and who wished to save
themselves, their families, and their property, must come …
into Fort Wingate, and that they would be transported to
the Bosque Redondo … they would be taught to live like
the whites … and that they would be fed, cared for, and
protected by the Government until they should be capable
of doing so themselves.”8 Honorably discharged from
the army in 1865 after six years of pacifying the Apaches
and Navajos, Chaves publicly criticized the territory’s
“subjection or destruction” policies, particularly the Bosque
Redondo Reservation experiment.9
After his discharge, Chaves entered the legal profession
and became involved in territorial politics full-time.10 His
first campaign for elective office suggested considerable
personal ambition and a commitment to undercut the
Bosque Redondo program. When Chaves declared his
intention to seek the Republican nomination for Delegate—one of the territory’s most coveted offices—in the 39th
Congress (1865–1867), he directly challenged the one-term
incumbent, his first cousin Francisco Perea. Although
both men were Republicans, they represented different
territorial factions of the party; Perea, the Union Party and
Chaves, the Administration Party. In most respects, there
was little daylight between these two groups that supported
the U.S. federal government, but the Unionists supported
General Carleton’s controversial Indian reservation policy,
which the Administrationists denounced.11
Chaves campaigned on two central issues: renewed
efforts to recover the Los Conejos region, along the New
Mexico-Colorado border, and opposition to the Navajo
resettlement policy. As Delegate, Perea had submitted
a bill for the return of the Los Conejos region to New
Mexico and had written about it extensively. But Chaves
supporters hinted that Perea’s inability to get the bill passed
was due either to apathy or weakness.12 The removal of
Indians also proved to be a complex issue, and the realities
of the campaign trail compelled Chaves to temper some
of his opposition to the Navajo resettlement policy.13 In
some places, noted an observer, Chaves “is opposed to
the Bosque Reservation; and in [another area] he is in
favor of it. In San Miguel he is in favor of the Reservation
but opposed to its management.” At other times, Chaves
“dislikes [saying] anything on the subject but is rather
inclined to favor it.”14 Eventually Chaves’s opponents
construed his resistance to the reservation as a repudiation
of the territorial and federal government policies he
had defended as a military officer—a stance that was
incompatible with the role of a Territorial Delegate. Critics
warned voters that Chaves was “a man who is unalterably
opposed to the welfare of the country.” The territorial
government “has expended much money in [the Bosque
Redondo’s] establishment and is willing to spend more for
its maintenance,” they said. If voters “are contented with
what it has done and is doing for us in this behalf, there
will be no difficulty” in choosing the right candidate for
the job.15
A bitter feud among establishment Hispanos, animated
by overt appeals to the Anglo minority, was on full
display. During the campaign, Chaves’s opponents
criticized his speaking style and his attacks on members
of the elite. One critic wrote Chaves’s “stock in trade …
is abuse of prominent gentlemen in the Territory. If free
use of abuse towards other people be an evidence of his
fitness for Congressional honors he certainly would be
the man for the place.” The writer also judged Chaves’s
“ambition far overvaults his capacity.”16 Perea downplayed
his cousin’s challenge, intimating that Chaves was being
manipulated by political enemies. Meanwhile, Chaves’s
camp claimed that the military was actively suppressing
supporters and that Chaves’s opponents were fostering
racial tensions to promote an anti-Chaves voting bloc.
“The American inhabitants, including Germans, Irishmen,
and all others born beyond New Mexico … are openly
appealed to by his enemies to combine as a race against
him.” Chaves’s supporters cited a speech in which he
advocated that Hispano troops should be led by Hispano
officers. Describing Chaves as “just towards all classes of
citizens,” the writer observed, “Some Americans, if they
have a difficulty with a Mexican citizen, do not hesitate in
trying to arouse the feeling of race among his countrymen,
against the Mexican. These practices are not fair nor right,
and if persisted in must lead to bad consequences.”17
Ultimately, Perea’s political standing suffered from his
association with General Carleton, who had conceived and
executed the plan for the Bosque Redondo. When Carleton
was dismissed as commander of the Military Department
of New Mexico, Chaves supporters used the incident to
question Perea’s political integrity, noting that Chaves “in
his speeches and conversation wherever he went through
the Territory took decided ground against the official acts
of the ‘Military Autocrat’ of New Mexico, and boldly
denounced the policy … in overriding the just claims
of the citizens of the Territory.”18 Perea’s political camp
used time-honored methods to undercut the challenger:
“Greenbacks and whisky flowed freely, and all sorts of
tricks were resorted to in order that he might be politically
prostrated.”19 But the Bosque Redondo issue proved
potent, and Chaves won, garnering 58 percent of the vote
to Perea’s 42 percent.20
During Chaves’s first term he lobbied for statehood
and for the acquisition of the Los Conejos section for
New Mexico.21 As was generally the case for Territorial
Delegates of this era, Chaves was not permitted to serve
on a standing House committee. A bill he submitted
to restore the Los Conejos region to New Mexico was
referred to the House Committee on Territories, where
it died.22 Although Chaves disagreed with Carleton’s
“subjection or destruction” policy, he believed American
Indians should be moved to facilitate Anglo and Hispano
settlement, and submitted a bill that would place Utes,
Apaches, Comanches, and Kiowas on reservations.23
The Confederate occupation of the territory prevented
the completion of construction projects that had been
authorized in previous appropriations legislation, and in
making his case to renew these projects, Chaves spoke
of New Mexicans’ loyalty even in the face of hardship.
“I appeal to the generosity and liberality of this House
to allow sufficient money to build up these buildings for
my people, who, though they came into this Union not
willingly, but by the fortunes of war, and who are a people
of foreign extraction, are and have been as loyal as any
people in the world,” Chaves said. Though the underlying
bill passed, Chaves’s amendment was not adopted.24
Chaves also submitted resolutions from the Legislative
Assembly of New Mexico calling for relief from the damage
caused by the 1861–1862 Confederate occupation and for
appropriations for the completion of the territorial capitol
and a penitentiary.25
Additionally, Chaves sought to persuade constituents
to support statehood for New Mexico. Anticipating
dissent, he argued that paying higher taxes for the ability
to shape New Mexico’s political future was worth the cost.
“In exchange for the taxation entailed by the increase in
expenses, you will have your laws entirely under your
own control and the acts of your legislature will not be
subject to rescission or abrogation by a higher authority,
as they are now and will continue to be if you remain in
your present politically dependent condition.” Chaves
also told constituents, with statehood, “you will have
the high privilege of electing your own officials, who
will be answerable to you for their conduct [and] … to
remove them from their jobs … at your pleasure when
they are unfaithful, instead of being obliged to send your
complaints to this city [Washington, D.C.], [where] …
they are received with negligence and indifference, and
frequently scorned.”26
During his re-election bid for the 40th Congress
(1867–1869), Chaves ran against Democrat Charles P. Clever, a successful lawyer, a Civil War veteran, and
the publisher of the Santa Fe Weekly Gazette. In his
acceptance letter, Chaves thanked the delegates to the
Republican convention. “I know and feel that there are
among the members … gentlemen who from their talents,
experience, and large interests in the Territory are better
fitted to fill the important position [of Delegate] … the
results of the last convention are more gratifying to me;
for it shows that what little I may have done in my official
capacity has received the commendation of a majority of
my constituents, and they are willing for a second time
to entrust their interests in my hands.”27 Chaves had to
contend with perceptions that he had compiled a paltry
legislative record. Supporters argued that his inability to
win substantial legislative victories reflected Congress’s
preoccupation with Reconstruction. One editorialist
wrote, “The time of Congress was fully occupied with its
consideration, leaving but little opportunity to consider
the affairs and interests of the territories, which being
without votes in Congress, without political power, could
take no part and have no voice” in the deliberations.
Moreover, supporters argued, opponents “with a zeal …
and a mendacity perfectly astonishing” undermined him by
“creating a prejudice against him to impair his influence, by
misrepresenting him, slandering him, villifying him … in all
places where the venom of their poisoned tongues could.”28
The election was one of the most protracted and
contentious in New Mexican history, leaving the territory
without representation in Congress for nearly two years.
According to initial tallies, Chaves won with 1,123 votes
versus Clever’s 577, though numerous discrepancies—seemingly attributable to chicanery by Clever’s supporters—marred the results.29 In Rio Arriba County, where the
majority voted for Chaves, Clever supporters stole the
ballot box. In a precinct of Tierra Amarilla County that
had never before polled 100 votes, 464 were cast, all but 12
for Clever. “Protect us from the shameful, the abominable
results of the guilty works of the men who … in the late
canvass [have] shown conclusively that they have neither
regard for the interests of the people of New Mexico, nor
respect for their rights,” the editors of the New Mexican
entreated the Republican-dominated Congress.30 Chaves
contested the results, alleging that alterations made in
poll books after the election cost him several hundred
votes. The committee also investigated charges of voter
intimidation in Rio Arriba County. The case consumed
nearly all of the 40th Congress.31 At its conclusion, the
House Committee on Elections voted unanimously for
Chaves. In his summation on the House Floor, Solomon N. Pettis of Pennsylvania said the committee’s decision
hinged on the poll books. The facts of the case, Pettis
noted, “disclosed a state of fraud and piracy upon the
ballot-box, and a disregard of the laws not equaled by
anything that ever before [came] under my observation
in regard to any election.” The committee stated, “It was
upon these frauds … which were proved by witnesses
before the committee, that we came to our conclusion.”32
Chaves retained a 389-vote majority and was thus awarded
the seat, but his victory was pyrrhic, since there were less
than two weeks left in the 40th Congress.33
Chaves’s re-election to the House in 1869 for a seat in
the 41st Congress (1869–1871) was comparatively trouble-free.
His challenger was Vicente Romero, a successful
entrepreneur described by the Santa Fe New Mexican
as politically weak and lacking in organization.34 Chaves
defeated Romero, with 57 to 43 percent of the vote. One
observer suggested that Chaves’s re-election was due to
lingering public resentment about “the frauds of 1867, by
which he was kept out of his seat … for near two years.”35
During Chaves’s term in the 41st Congress, he submitted
eight petitions, 26 bills, and one joint resolution.36
Many of his legislative initiatives involved infrastructure
improvements such as the construction of wagon roads and
post roads, as well as the construction of a capitol building
in Santa Fe.37 Chaves submitted a bill requesting a land
grant for the Atchison, Topeka, and Santa Fe Railroad, a
bill seeking funding in the 1870 Indian Appropriations Bill
(H.R. 1169), and a bill defining New Mexico’s northern
boundaries using land surveys in the territory.38
Chaves spent much of his time initiating the statehood
process, with little success. He submitted H.R. 954, a
bill to authorize New Mexicans to “form a constitution
and State government preparatory to their admission into
the Union on an equal footing with the original States”;
the bill was not considered and died at the end of the
Congress. The issue of statehood was a sore subject for
some New Mexicans. Twenty-five years after New Mexico
was annexed by the United States, it remained a territory,
although many New Mexicans who had known nothing
but territorial government were opposed to changing
the status quo. In an eloquent floor speech, Chaves told
colleagues New Mexicans felt that without statehood they
had “no part in the general legislation of this country, and
only a limited and subordinate part … which directly relates
to their own local interests.” New Mexicans, according
to Chaves, were “anxious to assume that relation to the
Government of the United States which will … advance
their local interests, and will enable them, through their
Senators and Representatives in Congress, to demand …
protection and consideration from the Government which
they now have to solicit as a matter of grace.”39 The act
that would enable New Mexico’s statehood failed to pass
because of political gridlock.40
Chaves faced other obstacles, including New Mexico’s
lackluster reputation among territorial military appointees,
who often expressed “deep regret that the Territory was
ever acquired from Mexico.” Other critics charged, “The
people of New Mexico … are not republican in spirit,” a
dig at their patriotism as well as an expression of doubt
about their fitness for self-rule.41 According to one scholar,
racial and religious prejudices toward nuevomexicanos made
statehood a difficult cause.42 Another scholar notes that
New Mexicans’ own ambivalence, reflected in the divided
support for statehood between Anglos and Hispanos,
further doomed Chaves’s efforts.43
Chaves ran for a fourth term in 1871 against a
formidable opponent, veteran Democrat and speaker of
the territorial assembly José Manuel Gallegos. Gallegos
had served as Territorial Delegate in the 33rd and 34th
Congresses (1853–1857) and had run for the seat
unsuccessfully in 1859 and 1863, blaming Chaves for
his 1863 loss. Chaves’s path to re-election was further
complicated when Republican José D. Sena split from
the party to run as an Independent, taking votes away
from Chaves.44 The Daily New Mexican, which backed
Chaves in the 1865, 1867, and 1869 races, supported
Sena’s nomination in 1871. Even after Chaves secured
the support of the nominating convention, the editors
promised only “to abide by the action of the Santa Fe
Convention,” saying, “We will do all we can … to secure
his election to Congress.”45 Chaves’s campaign stressed
that a three-term Republican Delegate could do better for
New Mexico than a freshman Democrat in a Republican-majority
Congress. “Chaves, by his long service … has
fully established his republicanism, he has the entire
political and personal confidence of the administration
and of the Congress,” wrote “A Republican,” a frequent
newspaper correspondent, “and I venture that there is not
a single one of them who would not serve him personally.”
Again, Chaves’s opponents charged that he had failed to
bring home federal dollars. But “A Republican” warned,
Gallegos’s election dooms “the fate of appropriations for
public improvements of any kind of character; it defeats
any enabling act [for statehood],” and any other beneficial
legislation for the territory.46 The election was marred by
violence. On August 27, 1871, in the town of Mesilla,
Republicans and Democrats formed two processions. The
groups provoked each another, causing a riot; nine men
were killed, and approximately 50 were injured.47 In the
end, Chaves could not overcome the Republican split, and
Gallegos won, capturing 50 percent of the vote compared
to 34 percent for Chaves and 16 percent for Sena.48
Like many of his predecessors, Chaves re-immersed
himself in New Mexico politics after leaving Washington.
He became a powerful political player through his
interaction with the Santa Fe Ring, a group composed
mainly of Republican lawyers and business professionals
who dominated New Mexican politics. A number of
sources alleged that Chaves controlled a political machine
out of Valencia County.49 He served as attorney for the
Second Judicial District from 1875 until 1877. He also
represented Valencia County as a member of the territorial
council in New Mexico’s Legislative Assembly for 12 terms
(1875–1904), presiding over the council for seven terms.
Chaves was renowned for his skill as a parliamentarian in
the assembly. A colleague noted that Chaves’s success “was
due not only to his familiarity with the rules of procedure,
but to his wonderful memory which enabled him to keep in
mind … the most tangled jumbles of resolutions offered,
motions to amend, of the acceptance or rejection of
amendments, offers of substitutes, motions to lay on the
table, and all such matters … which would have driven a
less capable man to the confines of distraction.”50 He also
presided over the 1889 state constitutional convention.
Finally, Chaves served as New Mexico’s superintendent of
public instruction from 1901 to 1903 and was appointed
historian of New Mexico, although he died before filling
the appointment.51
On November 26, 1904, Chaves was killed by a rifle
shot in Pinos Wells, New Mexico, while dining with
friends.52 Immediately, three posses fanned out to search
for the assassin. Three days later, Domingo Valles, who
had an arrest record for stealing livestock, was captured.
According to Chaves’s friend and eulogist, Frank W.
Clancy, “There had been a series of grievous offenses in
Torrance county, such as stealing of stock, destruction of
property, burning of houses and fences, and other like
things, and … [Chaves] was active in seeking evidence
to punish the malefactors, and there is no doubt that this
activity on his part brought about the murder.” Clancy
prosecuted the case against Valles, who was defended by
future governor and U.S. Senator Octaviano Larrazolo.
Clancy believed Valles was “the scoundrel who fired the
fatal shot which killed Colonel Chaves,” but Larrazolo’s
defense was so convincing that Valles was acquitted. No
one else was ever charged with the crime.53
Chaves’s funeral was one of the largest ever held in
Santa Fe. His body lay in state at the capitol with an honor
guard. Several hundred people paid their respects before
the funeral, at which former Territorial Delegate Pedro
Perea was a pallbearer.54 Chaves was interred at the U.S.
National Cemetery in Santa Fe.
View Record in the Biographical Directory of the U.S. Congress
[ Top ]