José M. Gallegos, a prominent former priest and
legislator, navigated the New Mexico Territory’s
chaotic political scene to become the first Hispanic
of Mexican descent elected as a Territorial Delegate to
Congress. The intense nationalism that accompanied his
country’s independence from Spain bound Gallegos and
many of his constituents to the Mexican cultural and
political institutions that the U.S. supplanted after the
war with Mexico. Marred by multiple contested elections
and complicated by his limited English, Gallegos’s House
service symbolized the challenges and contradictions
inherent in the process of incorporating new lands and
peoples into the growing nation.
José Manuel Gallegos was born in Abiquiú, New
Mexico, on October 30, 1815, to Pedro Ignacio, the
alcalde (mayor) and chief magistrate of the town, and Ana
María Gavaldon. He attended a parochial school in Taos,
New Mexico, where he became interested in theology,
and may also have attended a private school in Abiquiú.
From 1836 to 1839, he studied at the College of Durango,
Mexico, to prepare for the Catholic priesthood.1 Gallegos
most likely graduated and was ordained by 1840. His
mentors, including Padre Antonio José Martínez, studied
in Durango during the Mexican Revolution, immersing
themselves in secular politics as much as in sacred texts.
Having committed to Mexican nationalism in their youth,
they imparted that cultural identity to a young generation
of seminarians like Gallegos, imbuing them with a deep
sense of loyalty to the nascent Mexican state.2
Gallegos’s independent nature made him a frequent
source of concern for political and religious authorities.
In 1840 he ran afoul of Governor Manuel Armijo, who
accused Gallegos of having an affair with the wife of a
corporal in the Mexican Army. Gallegos was sentenced to
a three-year exile from Santa Fe, but his superior, a vicar,
interceded and sent Gallegos to the parish of San Juan to
avoid further controversy.3 Gallegos served in San Juan
from 1840 to 1845 and in the parish of Albuquerque from
October 1845 to September 1852, becoming pastor of the
latter parish in December 1847.
In July 1850, almost two years after the United
States acquired New Mexico in the Treaty of Guadalupe
Hidalgo, the Catholic Church placed the territory under
the ecclesiastical control of the U.S. Catholic hierarchy.
Pope Pius IX chose a young French missionary, John
Baptiste Lamy, to manage the effort. Lamy was consecrated
as a bishop in November 1850 and named J. Projectus
Machebeuf as his deputy. Bishop Lamy and Machebeuf
arrived in Santa Fe in August 1851, but the Vatican failed
to inform the incumbent bishop, Antonio Zubiría y
Escalante, about the administrative change. Local priests,
including Gallegos, refused to recognize Lamy’s authority
until a formal transfer of power occurred. By January 1852,
although Lamy had made the 1,500-mile trek to Durango
to finalize the transfer of power, and had secured Zubiría’s
assent, many local priests still considered him illegitimate.
Thus, Lamy began to replace the Mexican clergy with
transplanted priests and nuns and to monitor recalcitrant
priests like Gallegos.4 For the remainder of the 1850s, these
two factions of the Catholic Church fought for religious
and political control of the territory. Lamy’s faction grew as
Anglo clergy came to New Mexico after the U.S. assumed
control. Gallegos’s faction consisted of priests of Mexican
descent with a long history of service in the region.5
Because of his record, Gallegos proved an easy mark
for Lamy, who questioned his competence, loyalty,
and integrity and eventually suspended him from the
priesthood in 1853.6 Two reasons are cited for Gallegos’s
punishment. First, Gallegos left his parish to travel to
Mexico without official permission and, upon his return,
tried to rally support among his parishioners against
Machebeuf, whom Lamy had handpicked to succeed
him.7 Second, based principally on rumor and innuendo,
Gallegos was charged with violating his vow of celibacy.8
Stinging from Lamy’s suspension and “deprived of [his]
living … by the new French bishop, to make way for the
imported French priests of his own selection,” Gallegos
became a professional politician.9 For much of the 1840s,
Gallegos had been moonlighting as a legislator, and by
the time of his dismissal as a priest, he had compiled a
noteworthy political career. Although his run to serve
as a deputy (a voting member) in the Mexican National
Congress in 1843 was unsuccessful, he had gained valuable
campaign experience. Before he turned 30, Gallegos had
served as one of 19 electors who voted for a deputy and
an alternate to the National Congress. The electors also
chose seven vocals (representatives) to serve a four-year
term in the Departmental Assembly. Among its duties, the
assembly selected nominees for the office of governor by
forwarding the list to the Mexican general government. It
also responded to citizen protests about political affairs.
Gallegos served in the First and Second Departmental
Assemblies of New Mexico from 1843 to 1846, presiding
for a single session of the First Assembly by filling in for
a sick colleague.10 In 1850, after the transfer of power to
the United States, he campaigned for Democrat Richard H. Weightman, who won election as New Mexico’s first
Territorial Delegate to the U.S. Congress. In 1851 Gallegos
was elected to the territorial council (upper house) of the
First Legislative Assembly of the Territory of New Mexico
as a representative of Bernalillo County.11
A year later, when Weightman declined to seek
renomination as Delegate to the 33rd Congress (1853–1855), Gallegos ran for the vacant seat as a Democrat
against William Carr Lane, New Mexico’s territorial
governor. While Gallegos won Weightman’s endorsement
and the support of the nuevomexicano clergy, Lane
lined up the former priest’s religious rivals, Lamy and
Machebeuf, and his mentor, Antonio José Martínez.
During the campaign, Gallegos’s opponents worked hard
to discredit him among his base of Hispanic Catholic
voters by bringing up his alleged improprieties.12 Political
lines blurred in a campaign with such overt religious
appeal. The Santa Fe Weekly Gazette, a Democratic organ,
abandoned the party nominee and declared its support for
Lane immediately after it printed the announcement of
Gallegos’s candidacy. The editors, who never challenged
the propriety of a cleric’s running for political office,
wrote, “If they had selected a priest of good standing,
the people would have no cause for complaint … but
to select a priest, who is suspended for the grossness of
his immorality, is to our conception, insulting to the
voters of the Territory, as it is disrespectful to the Bishop
and the Church.” The editors also questioned Gallegos’s
citizenship and disparaged his English. “If he knew the
English language he could give vent to such insignificant
ideas as may be supposed to arise in heads as small as his,”
they wrote. “But as he does not know the language … he
cannot have the poor privilege of [s]peaking nonsense.”13
Nevertheless, Gallegos prevailed in the September 1853
elections, defeating Lane by 445 votes.14 The editors of the
Santa Fe Weekly Gazette attributed the animus behind the
race to cultural “strife” between Mexicans and Americans.
“Padre Gallegos was supported by the Mexican population
simply because he was a native Mexican,” they proclaimed,
“and the christening that he received by the [nominating]
convention … was a mere cover and device to enable him
and his friends to succeed more effectually in the contest
they were about to wage against the Americans.”15
Displeased with the outcome of the vote, Lane
challenged the results before the largely unsympathetic
House Committee on Elections, which was controlled by
the Democratic majority. The committee threw out Lane’s
initial allegation that Gallegos did not meet citizenship
requirements at the time of his election “for the reason that
he had not been seven years a resident of the United States”
because the Treaty of Guadalupe Hidalgo guaranteed U.S.
citizenship to all who chose to remain in New Mexico
after the transfer of control.16 Lane then alleged voter
fraud and ballot miscounts in certain counties. Many
of Gallegos’s votes, he claimed, were cast by “Mexican
citizens” and should be disqualified. He also charged that
votes cast by Pueblo Indians (not considered U.S. citizens
at the time) inflated Gallegos’s vote counts. Here Lane’s
appeals met with more success. The Elections Committee
rejected ballots from a “precinct where all the votes were
cast by Indians and the election was organized by the
Indians and held by their chiefs without authority of
law.”17 Territory-wide, the panel disqualified almost 4,000
votes—nearly half the total cast—reporting to the House
that it discovered “many irregularities in the election and
returns.” Yet the House concluded that “these irregularities
did not affect the substance of the election.” Gallegos also
had a powerful, if unlikely, ally in Thomas Hart Benton,
the longtime Missouri Senator-turned-Representative. A
political rival of Lane’s, Benton apparently encouraged
Missouri Democrats in New Mexico to oppose Lane and
perhaps even worked in the capital city to help squelch
Lane’s election challenge.18 In the final count, Gallegos
prevailed, with 2,806 votes to Lane’s 2,264.19 Thus,
Gallegos presented his credentials and was sworn in on
December 19, 1853.20
Gallegos spent much of his first term familiarizing
himself with an alien culture and legislative process.
Unable to speak, read, or write English, he was reliant on
bilingual New Mexican officials and Members of Congress
to help him draft resolutions and legislative statements.
Early in his first term, he sought to secure an interpreter
by convincing key committee chairmen to make his case
before the House. At first, he sought “per diem [money]
out of the [House] contingent fund” to pay an interpreter.
But the House refused even to debate that resolution.21
Seven weeks later, based on the argument that Gallegos
could not fully represent his constituents without using an
interpreter, the chairman of the Committee on Territories,
before which most of Gallegos’s business pended, asked
that the House permit a Spanish-speaking interpreter on
the floor, implying that Gallegos would pay the costs. Two-thirds
of the Members present voted against suspending the
rules to consider the request, and it too died.22 Despite this
difficulty, Gallegos introduced three pieces of legislation:
to pay for a wagon requisitioned by the U.S. Army in
New Mexico; to request that the Committee on Military
Affairs pay civilian officers in New Mexico Territory under
military jurisdiction; and to establish a post road between
Albuquerque, New Mexico, and California.23
Gallegos also sent home observations of Washington,
D.C., and the Northern United States. He noted that
Catholicism was openly practiced in several Northern
states he had visited, though the congregations were
comparatively small and located in poorer sections of cities.
He wrote Governor David Meriwether that upon his arrival
in December 1853, he had “visited the President and several
Ministers of the Cabinet, [and] was received by all of them
with deference and appreciation, as well as by many friends
in the [House] Chamber.” Gallegos also noted distinctions
between the Anglo settlers eagerly streaming into the
New Mexico Territory and the citizens in the nation’s
capital. “I have noticed the difference in the moral and
political conduct displayed … by our countrymen to the
conduct that some Americans exhibit in our Territory,” he
wrote Lane, “and I am surprised to find an extraordinary
difference.… hopefully in time we will enjoy the benefits
that come with a peaceful and intelligent society.”24
In 1855 Gallegos faced stiff opposition for re-election
from an unabashedly pro-American faction within his own
party.25 His opponent was Miguel Otero, a prominent
Democratic politician and a former personal secretary
of Lane’s. According to a biographer, Otero, who had
attended St. Louis University and was bilingual, could
“neutralize [Gallegos’s] ‘native son’” advantage as a
viable alternative to nuevomexicano voters.26 Otero allies
rehashed the smear tactics of earlier campaigns, advertising
Gallegos’s dismissal from the Catholic Church. Bishop
Lamy endorsed Otero and commanded clergy to support
him. The initial count of the election results had Gallegos
prevailing, with a razor-thin margin of 99 votes out of
almost 14,000 cast.
Predictably, Otero contested Gallegos’s election.
Though he expanded on Lane’s earlier challenge, lodging
11 individual complaints, he essentially repeated the
core charge that Mexican citizens, who were not eligible
to vote in the election, cast votes for the incumbent.27
When Otero’s side presented a list of names of disqualified
voters, the House Committee on Elections accepted the
testimony, and Gallegos complained that he had not been
given sufficient notice or a list of disputed voters. The
committee then made Gallegos responsible for ascertaining
the citizenship of disputed voters. After reviewing the case
for more than a year—more than half the congressional
term—the committee reported to the full House that it
had found Otero to be the victor.28
On July 23, 1856, when the House considered the
contested election dispute, both men were permitted to
make floor statements. A clerk read Gallegos’s lengthy
statement. Gallegos argued for his effectiveness as a “true”
representative of New Mexico despite his inability to
speak English. He noted, “The sneers and jests with which
certain honorable members of this body have permitted
themselves to treat the proposition that I should be heard
by counsel … have produced no other effect upon me than
that of painful disappointment at these exceptions to the
generous spirit which I had been encouraged to expect
from all the representatives of a free and magnanimous
people.” Gallegos then described the distinctive position
that New Mexico and its people—like other territories
acquired during the Mexican-American War—held in the
newly expanded United States. His constituents were, he
noted, “in their origin, alien to your institutions, your laws,
your customs, your glorious history, and even strangers
to your language.” “I am not ashamed of whatsoever
is common to them and to me,” he added. He argued
that as a Delegate, House Rules prohibited him from
participating fully in floor debate and that what mattered
more than giving speeches was “to be a true agent of his
people, acquainted with their condition and their wants,
and faithful and industrious in making them known.” He
dismissed Otero as one of those “inexperienced youths who
have been educated out of their native Territory, so as to be
more familiar with the language and condition and wants
of others than those of whom they aspire to represent.”29
Gallegos used the bulk of his speech to rebut Otero’s
case point by point. He denied allegations that the Roman
Catholic Church helped secure his election. Just the
opposite was true, he argued. “This foreign bishop [Lamy]
did … intermeddle, by himself and his priests, not to
support, but to crush me, and to secure the election of my
opponent.”30 Gallegos also challenged the results of the
election report that threw out more than 130 “Mexican
votes” for him, dismissed testimony from key elected
officials, and presented signed testimonies on his behalf
from disputed polling places. He reiterated the provisions
of the Treaty of Guadalupe Hidalgo, which extended
citizenship to Mexicans after one year, and submitted
additional testimony from the secretary of the territory
that contradicted some of Otero’s key claims. By his count,
he had prevailed with close to 600 votes.31
Granted permission to speak on the floor, Otero rejected
the argument that cultural familiarity with the populace
trumped the English proficiency required to represent them
on the floor of the House. “I protest against the assumption
the personal deficiencies or errors of the gentleman are to be
imputed by representation to the people of our territory,”
he said. Gallegos, he noted, broke his campaign promise
that he would master English and would be “capable of
representing the people here by his acquaintance with your
language.” Otero also defended Bishop Lamy, insisting
that he was not “guilty of any interference whatever unless
that could be called an interference which sought … to
restrain the priesthood from the scandal of an active and
zealous participation in the canvass” on Gallegos’s behalf.32
In the end, his forceful presentation, with carefully crafted
allusions to his loyalty to the “American party” and Anglo
political institutions, won the day. Even Pennsylvania’s
John Cadwalader, who studied the case and claimed
to have “as strong an impression in favor of the sitting
Delegate, as any member on this floor,” was persuaded
by Otero’s case. The House overwhelmingly accepted the
Election Committee’s recommendation, granting Otero
a seat by a 128 to 22 vote.33
Gallegos returned to New Mexico and eventually
rebuilt a political career in the territory. In 1857 he was
an unsuccessful candidate for the territorial assembly.
Meanwhile, Otero’s “American Party” aligned itself with
Southern efforts to preserve and extend slavery into the
territories. Dubbed the “National Democrats,” the party
swept its loyalists into power at the level of the territorial
legislature, ensuring Otero a sympathetic base at home.34
In 1859 Gallegos challenged Otero for the Delegate’s seat
to the 36th Congress (1859–1861). Having many of the
same alliances still in place, Otero won. Again Gallegos
turned his sights toward the territorial legislature, winning
election handily in 1860. Re-elected three times, he served
as speaker of the house for the Tenth, Eleventh, and
Twelfth New Mexico Legislative Assemblies.35
During the Civil War, New Mexico became a pivotal
battleground in the Western theater of operations. Many
New Mexican U.S. military officers resigned their
commissions to join the Confederate Army. Southern
sympathizers lobbied for the separation of the New Mexico
Territory into two territories, a pro-Confederate Arizona
Territory and occupied New Mexico. In March 1862,
the Confederate Army of the West, under the command
of Henry L. Sibley, occupied Santa Fe and Albuquerque.
The New Mexican government fled to Las Vegas, 50 miles
east of Santa Fe. Gallegos, an ardent Union supporter,
was imprisoned for his pro-Union sympathies and his
position as speaker of the legislative assembly. During his
incarceration, Gallegos met with a Union spy and supplied
information to federal forces.36 At the battles of Glorieta
Pass and Valverde in 1863, the Union Army definitively
repulsed the Confederate offensive and regained control of
the territory.37
In 1863 Gallegos ran as a Democrat for the Delegate’s
seat against Francisco Perea, a well-regarded local politician
and a Civil War veteran. Perea collected endorsements
from a familiar ensemble of Gallegos’s enemies: Bishop
Lamy; James L. Collins, the editor of the Santa Fe Weekly
Gazette; and Kirby Benedict, chief justice of the New
Mexico supreme court. Benedict had considered running,
but yielded when Gallegos won unanimous support
at the nominating convention in June 1863. Perea,
however, had the support of the Gazette; furthermore, his
supporters neutralized the influence of the pro-Gallegos
editor of the Santa Fe New Mexican by buying the paper.
Perea’s supporters employed tactics taken from the Lane
and Otero campaigns, reminding voters of Gallegos’s
suspension from the priesthood. Gallegos’s romantic
relationship with a widow, Candelaria Montoya, begun
after his suspension, was also the subject of salacious
news reports.38 More substantially, Gallegos was forced to
jettison his longtime advocacy of gradual statehood for
New Mexico and embrace immediate statehood to co-opt
the position from Perea.39 The initial results showed that
Perea won the election. However, because of a variety of
irregularities in various counties, the governor “had the
vote reconstructed from the tallies kept by election officials
in the precincts, and these were tabulated in place of the
actual ballots.” According to the recount, Perea had won
the majority of the votes.40 Gallegos and his supporters
contested the results, arguing that the governor had
exceeded his authority. The case came before the House
Committee on Elections and seemed to hinge on the
inability of the Gallegos camp to take testimony from
witnesses, as it had been instructed to, “either before the
chief justice of the Territory or a probate judge.” Gallegos
complained that he needed more time to assemble a case
and that his options were limited given that one of the
two available judges “resided in an inaccessible part of the
Territory” and the other, Benedict, “was a violent political
opponent.” One of Gallegos’s supporters, Secretary of the
Territory William F. M. Arny, traveled to Washington
to advocate for Gallegos; the contestant himself did not
undertake the journey. Unconvinced, the Committee on
Elections did not grant Gallegos an extension and awarded
the seat to Perea.41
After the election, Gallegos participated in a number
of business dealings and repositioned himself as a
Constitutional Union loyalist.42 He served as the territorial
treasurer (1865–1866) and as quartermaster general
of New Mexico (1868). In between, he served another
term as speaker of the territorial house. Then, based on
a recommendation from Delegate Charles Clever, whom
he had campaigned for the previous year, Gallegos was
appointed Superintendent of Indian Affairs by President
Andrew Johnson until a suitable military replacement
was found in November 1868. In this position, Gallegos
managed the transfer of American Indians to reservations
and oversaw affairs among Indians, Anglos, and
nuevomexicano settlers.43
After serving briefly as Santa Fe County treasurer,
Gallegos ran for the Delegate’s seat in the summer of 1871.
His opponent was Republican nominee José Francisco Chaves, the three-term incumbent and a cousin of
Gallegos’s 1863 rival, Francisco Perea. Gallegos believed
Chaves had played an instrumental role in foiling his
1863 campaign. José D. Sena, another Republican, split
from the party and ran for the seat as an Independent.
The election was accompanied by violence. On August 27,
1871, Gallegos was scheduled to speak at a rally in Mesilla,
New Mexico, but the Republicans staged a counter-rally.
Whether Gallegos was present after the speeches is unclear,
but the two groups met in the town plaza. Tensions flared,
a shot was fired, and a riot commenced, leaving nine dead
and 40 wounded. The Republican split virtually guaranteed
Gallegos’s victory; he prevailed with 50 percent of the vote
versus 34 percent and 16 percent for Chaves and Sena,
respectively. Unlike the results of Gallegos’s previous
elections, this win was so convincing, it was not contested.44
Gallegos claimed his seat at the opening of the 42nd
Congress (1871–1873) as a more savvy and seasoned
national legislator. One scholar notes that Gallegos was
“a much more effective politician … in 1871 than he had
been in 1853” because of his “effective functioning in the
bicultural political reality of New Mexico.” Gallegos’s two
decades as a territorial legislator and federal appointee
provided a wealth of experience. He also understood a
Territorial Delegate’s power to pressure federal appointees
in Santa Fe because of his access to and influence on
their bosses in Washington.45 During his term, Gallegos
submitted petitions for constituents as well as bills to
build military roads throughout the New Mexico Territory
and organize a public school system. He took a special
interest in supporting Pueblo Indians because of his
experience as Superintendent of Indian Affairs. According
to one scholar, Gallegos advocated a conciliatory approach
toward American Indians, especially the Pueblos, because
he had been the pastor of a number of Pueblo villages
throughout New Mexico. Although Gallegos was a
Democrat, he supported his Republican colleagues by
advocating for Republican territorial appointees to the
Ulysses S. Grant administration.46
Gallegos ran for re-election in 1873. Unlike in the
1871 race, in which the Republican vote was split between
Chaves and Sena, in 1873 the Republicans fielded one
candidate, Stephen B. Elkins. A Missouri native who came
to New Mexico during the war, he eventually led the Santa
Fe Ring, a notorious political machine that dominated
New Mexico politics in the last decades of the 19th
century. Elkins unseated the incumbent by a comfortable
margin, 62 to 38 percent. After the 1873 race, Gallegos
retired from politics and returned to the territory. He died
of a stroke on April 21, 1875, in Santa Fe, New Mexico.47
View Record in the Biographical Directory of the U.S. Congress
[ Top ]