The second Hispanic Delegate to serve the New
Mexico Territory, and the longest-serving
Hispanic Member in the 19th century, Miguel
Otero belonged to a powerful business family.1 A successful
entrepreneur, Otero engaged in politics as a full-contact
sport and was, in the words of one scholar of New Mexico
territorial affairs, “dynamic, intelligent, and very much on
the political make.”2 His rise to public office symbolized
the emergence of a new generation of New Mexican
politicians: a bilingual social elite that bridged the
territory’s Hispanic and Anglo worlds. In a bid to advance
the cause of New Mexican statehood, Otero aligned
himself with Southern Democrats, who supported the
expansion of slavery into the territories.
Born in Valencia, New Mexico, on June 21, 1829,
Miguel Antonio Otero was the youngest son of Vicente
and Doris Gertrudis Chaves y Aragon Otero.3 Vicente
Otero was a farmer, a merchant, and occasionally a judge
under the Mexican government. He also served as an
alcalde (mayor) and in the New Mexican government.
The family lived comfortably, if not lavishly. Even before
the outbreak of the Mexican-American War, the Oteros
displayed an attraction for American culture. At least
one biographer claimed Otero “was one of the first
New Mexicans to travel east to the United States for
an education.” Moreover, the Otero clan developed an
“aristocratic flair that would distinguish them from other
Hispanics in New Mexico. They were well-received and
regarded by the Anglo-American community in or outside
New Mexico. They would be decidedly pro-American
rather than pro-Mexican in nationalistic sympathies and
would … be more identified with Anglo-American culture
and values than most Hispanics.” Otero was educated
in private and parochial schools and attended St. Louis
University from 1841 until the outbreak of the Mexican-American War in 1846, when he returned to New Mexico
at his family’s request. The following year he enrolled at
Pingree College, a small school in Fishkill, New York,
where he served as a teacher and as an assistant to the
principal. He began studying law with a local attorney
and continued under the tutelage of senior attorneys in
New York City and St. Louis from 1849 to 1852, when he
passed the Missouri bar exam.4
While studying in St. Louis, Otero befriended fellow
law student William G. Blackwood, who introduced
the New Mexican to his visiting sister, Mary Josephine
Blackwood. Otero married her in 1857. Raised by a
maternal aunt in Charleston, South Carolina, Mary
Josephine was a descendant of the family of Senator
Charles Carroll of Maryland and, as her son recalled many
years later, “quite a society woman and popular, well
known and admired” by her peers wherever the Oteros
resided.5 The marriage connection contributed to Otero’s
Southern sympathies during the secession crisis and the
Civil War. A year after his marriage, Otero arranged to
have his new brother-in-law, William, appointed as a New
Mexico supreme court judge. Miguel and Mary Josephine
had four children: Page Blackwood; Miguel, Jr.; Gertrude
Vincentia; and Mamie Josephine. Gertrude died as a
child.6 Many years later, under the William McKinley
administration, Miguel, Jr., became the only Mexican
American appointed to serve as governor of the New
Mexico Territory.
Otero, who set up a private law practice, immediately
immersed himself in territorial politics. In 1852 he became
the private secretary to territorial governor William Carr
Lane, the former mayor of St. Louis, serving until Lane’s
term expired in 1853. While Lane ran unsuccessfully
against José Manuel Gallegos for the Territorial Delegate’s
seat in Congress, the 23-year-old Otero won election in
September 1852 to represent his home county, Valencia, in
New Mexico’s Second Legislative Assembly. In 1854 Otero
was appointed attorney general for the territory; he served
in that position until his election to Congress.7
In 1855 Otero opposed Gallegos, the incumbent
Democratic Delegate, for a seat in the 34th Congress
(1855–1857). Otero’s faction in the nascent territorial
political scene was drawn from Democrats and former
Whigs who supported the policies of the Millard Fillmore
administration. Over time, they came to be identified as
“National Democrats” because they supported the national
administration’s policies. Another local faction of Democrats
disagreed with many of the positions of the emerging
national party. Otero’s candidacy was calculated to defuse
Gallegos’s appeal to nuevomexicano constituents and signaled
the ascendancy of a younger generation of public servants
whose sympathies were more American than Mexican.8
Political opponents filled the newspapers with salacious
innuendos meant to discredit Gallegos, a defrocked Catholic
priest, and to question his ability to serve honorably.
Bishop John Baptiste Lamy, Gallegos’s rival, endorsed
Otero and encouraged the clergy to support him. Charges
of voting impropriety flew throughout the election. Critics
questioned whether a Delegate like Gallegos, who spoke no
English, could adequately represent the territory’s interests
in Congress. According to contemporary sources, Otero
“employed every means at his disposal to achieve victory,
and was ably assisted by his Anglo friends.” In one instance,
four Otero supporters “accosted” a courier conveying poll
books from Rio Arriba County, a Gallegos stronghold, to
Santa Fe. The Otero camp insisted that the books were
stolen to retaliate for Gallegos supporters’ sacking the returns
from polling places in Valencia County that favored Otero.9
Initially the returns showed that Gallegos won with a
razor-thin plurality: 99 votes out of nearly 14,000 cast
(6,914 for Gallegos versus 6,815 for Otero).
Otero contested Gallegos’s election on 11 grounds,
chief among them the charge that votes cast by Mexican
citizens had inflated Gallegos’s totals.10 Otero claimed
that nearly 2,000 votes cast in Santa Fe and Rio Arriba
Counties belonged to inhabitants who had chosen to
remain Mexican citizens under the eighth article of the
Treaty of Guadalupe Hidalgo and who were thus ineligible
to vote for U.S. Territorial Delegates.11 Through his lawyer,
Gallegos questioned the validity of the article in the treaty
and countered that an act of Congress was required for
the establishment of a tribunal to determine citizenship
requests. In effect, he argued that the provision was null
because it had never been properly administered. However,
as the House Committee on Elections pointed out in its
report on the case, the territorial governor had in 1849
established “registers of enrolment … [for inhabitants
who wished] to elect to retain the character of Mexican
citizens.” Gallegos also challenged the validity of the
occupation government, countering that the declarations
it collected were suspect. The Committee on Elections
rejected that argument, noting that any act of Congress
would have abrogated that portion of the treaty and,
moreover, that the military government’s efforts sufficed.
“It would be a mere mockery to say that they had the
right to retain the character of Mexican citizens, and yet
could not do so, because no mode of doing it had been
prescribed by law,” the report concluded. Further, in
examining evidence at the precinct level, the committee
determined that Otero had actually prevailed by 290 votes.12
The full House received the committee report on May
10, 1856, and shortly before the end of its session, on
July 23, 1856, consented to hear both the incumbent and
the challenger make their arguments on the floor. In a
statement read by a clerk, Gallegos stressed his social and
cultural ties to New Mexicans as their “true” representative.
He also rejected the perception that “the influence of the
Roman Catholic church was brought into the contest at
the polls.” While he did not directly address the more
scurrilous personal charges leveled against him in the
campaign, he defended his record and noted that by
denigrating his inability to address the House in English,
his colleagues had insulted his constituents. He also
introduced evidence from the secretary of the territory that
contradicted some of Otero’s claims.13
Otero’s lengthy and powerful rebuttal—strengthened
in great measure by his fluent and humorous delivery—questioned Gallegos’s ability to represent New Mexicans
without knowing English. He defended church officials
Gallegos had attacked for conspiring against him, and
he spent much of the speech detailing his claims that
disqualified voters had tipped the vote in Gallegos’s favor.
Finally, he stressed his own deep ties to the territory,
noting, “I am happy to entertain the thought that I am the
first native citizen of that acquired Territory who has come
to the Congress of our adopted fatherland, and address
it in the language of its laws and its Constitution.”14 In
a stirring coda, Otero added a line that was meant to
distinguish him from the Anglo politicians moving into the
territory: “I come here, not as a successful adventurer from
the restless waters of political speculation; I come here
because my people sent me.” By a margin of 128 to 22, the
House approved the committee report and awarded the
seat to Otero.15
By law and tradition, the House refused to assign
Delegates a seat on standing committees, so Otero never
held a committee post during his House career. During
the remainder of his first term (August 1856 to March
1857) Otero “won renown by opposing army operations
in New Mexico and advocating a more vigorous policy
against the Indians.”16 He petitioned for the territory
to receive two Indian Agents, representatives of the
U.S. government who worked with American Indian
tribes. Otero proposed a number of bills, among them a
measure to secure appropriations for the completion of
government buildings. He also wanted to improve New
Mexico’s transportation infrastructure, in part by pushing
for the transcontinental railroad to pass through New
Mexico. He sought to stimulate more mail service between
Independence, Missouri, and Santa Fe, and late in the
session he submitted a resolution seeking land grants to
build a road from Springfield, Missouri, to the Pacific coast
via Albuquerque. These bills were referred to committee
but did not receive consideration in the waning months of
the 34th Congress. In all, Otero claimed to have acquired
$116,000 in appropriations for the territory.17
In March 1857 Otero received the Democratic
nomination for Delegate to the 35th Congress (1857–1859). His main opponent was Republican Spruce M.
Baird, a local judge and a powerful territorial politician.18
Otero ran on his record of securing essential resources for
the territory, promising constituents that if they returned
him to office greater rewards would follow. During the
campaign, the Santa Fe Weekly Gazette, an organ of the
Democratic Party, declared, “If the present delegate has
done his duty in Congress toward his constituents let
his services be rewarded.”19 During the campaign, an
opposition newspaper leveled the potent charge that Otero
and the Democratic Party were agitating for immediate
statehood. Otero deflected the charge, asserting that while
the ultimate goal ought to be the “eventual erection of
New Mexico into a State Government,” it should first
achieve a measure of economic self-sufficiency and a larger
population to provide stability. In his words, the territory
should wait until its “great dormant resources [were]
developed and made a means of revenue to her treasury.”
Otero added that “an influx of immigration” would result
in “our savage Indian neighbors quieted and ourselves and
property protected.”20 Otero won with a large majority: 59
to 41 percent of the vote.21 During the 1859 election for
Territorial Delegate for the 36th Congress (1859–1861),
Otero won by a margin of 1,169 votes.22
During his second term, Otero sought additional
internal improvements for New Mexico. He obtained
a $600,000 annual grant for the Butterfield Overland
Mail and acquired construction funds for a road from
Fort Smith, Arkansas, to the Colorado River via New
Mexico. He also ensured that the territory became a land
district, enabling constituents to register for land grants
and temporarily preventing settlers in the western portions
of the territory (modern-day Arizona) from forming a
separate territory. Otero acquired funds to support a
geological survey for New Mexico, complete work on
the territorial capitol building, and secure $75,000 in
appropriations for the Superintendent of Indian Affairs.23
In a public letter, Otero notified his constituents that
he had acquired more than $700,000 in appropriations
for road construction in the territory. He also sought to
“obtain a twice monthly mail service from Santa Fe to
Independence (Missouri) … [and] a weekly mail service
from Santa Fe to Las Cruces.”24
During the late 1850s, Otero’s territorial political
faction evolved into a party with Southern sympathies,
particularly regarding the preservation and expansion of
slavery into the territories. Dubbed “National Democrats,”
the party swept into power at the level of the territorial
legislature, ensuring that Otero had a sympathetic home
audience for his legislative agenda in Washington.25
Indeed, although his role shaping national politics was
circumscribed, Otero exerted an extraordinary amount of
influence on politics in the New Mexico Territory.
Increasingly, Otero’s actions were driven by his central
desire to court Southern congressional leaders to promote
his vision for the territory’s development.26 During his final
term in the 36th Congress (1859–1861), he sought with
renewed vigor to direct the transcontinental railroad through
New Mexico as a means to spur internal improvements,
commerce, and business investments. The effort merged
Otero’s interest in developing the territory’s infrastructure
with his desire to put the territory on the path to statehood.
To convince congressional Democrats of the viability
of a Southern route, Otero pressured the New Mexico
legislature to charter the Southern Pacific Railroad. As
an additional incentive, he encouraged the New Mexico
legislature to pass a code protecting the right of masters
to capture slaves in the territory. By taking this action,
he hoped to solicit the support of Jefferson Davis of
Mississippi, who was known to have desired a similar
railway route.27 In a letter to Alexander Jackson, secretary
of the territory and an advocate for slavery, Otero argued
that “the laws of the United States, the Constitution, and
the decisions of the Supreme Court on the Dred Scott
case, established property in slaves in the Territories.” He
wrote that he hoped Jackson would “perceive at once the
advantage of such a law for our territory” and that he
expected Jackson to “take good care to procure its passage.”
Jackson did.28 Otero lobbied other state officials, suggesting
that failure to approve a slave code would curtail his
influence with key Southern politicians. On February 3,
1859, after the overwhelmingly majority-nuevomexicano
Eighth Legislative Assembly voted for its passage, the
territorial governor signed “An Act for the Protection of
Slave Property in this Territory,” into law. Though the
code was repealed in 1861, it contained many significant
provisions. Among them was that stealing or abetting in
the escape of slaves, including any action taken to induce
them to abandon their owners, was punishable by fines
or imprisonment.29
By the late 1850s, Otero had assembled the beginnings
of a territory-wide machine in New Mexico. He was well
connected with the Southern governor and secretary; he
had managed to place his brother-in-law on the territorial
supreme court; he had influence with the territory’s major
newspaper, the Santa Fe Weekly Gazette; and he also
counted James L. Collins, the newspaper’s editor, and the
federally appointed Superintendent of Indian Affairs as an
ally.30 Nevertheless, Otero, who served as a delegate to the
Democratic National Convention in Charleston, South
Carolina, in 1860, chose not to run for a fourth term in
the U.S. House.31 His decision was forced in part by the
emergence of the Republican Party and by the waning
power of pro-Southern sympathizers in New Mexico after
the divisive 1860 presidential election. In a public letter
that was remarkable for its ambivalence about the cause
for secession given his earlier flirtations with Southern
Members of Congress, Otero wrote that he awaited “with
almost breathless suspense … the consequences that must
result from this awful manifestation, on the part of the
Northern people … to disregard the equal rights which
Southern people claim in the common territory belonging
to the United States.” He bemoaned the fact that “this
glorious Union is to be dissolved and broken up before
the great and noble mission for which it was formed
and intended by its founders, is consummated. And for
what? For the accursed negro.” Otero advocated that, if
the Union dissolved, New Mexico should enter a “Union
with the Pacific free States, west of the great prairies. If
California and Oregon declare their independence of
this Government, I am for joining them. Our resources
are similar to theirs, our interest therefore [is] the same.”
Still, he believed secession to be unnecessary and, while
emphasizing his fealty to the Democratic Party, he
confirmed his commitment to the Union: “I think it would
be, to say the least, imprudent to secede.… You may rest
assured that as long as there is no direct violation, or an
overt act committed by the administration of Mr. Lincoln,
against the institutions of the South and its constitutional
rights I can be nothing else than a Union man.”32
Such a position made Otero a palatable political
appointee for the newly installed Abraham Lincoln
administration, which was eager to keep New Mexico in
the Northern fold. On the eve of the outbreak of the Civil
War, Otero accepted President Lincoln’s appointment as
secretary of the territory, but he served in that position
for less than a year because the Senate withheld its final
confirmation in light of Otero’s publicly declared sympathy
with the South.33 In a letter to Secretary of State William
H. Seward, Otero attributed his “rejection” to “malicious
and false representations made against me by unprincipled,
personal, and political enemies in the States and in the
Territory,” but he assured Seward that despite this outcome
he would not “be the less loyal … nor become less zealous
in contributing my feeble efforts … in behalf of the
preservation of the Union, the constitution and the laws of
the United States.”34
Otero exploited his congressional connections and
government experience in the private sector. His first
venture was a Kansas City, Missouri-based firm that he
formed with a partner, David Whiting. Hinting at its
future success, Whiting & Otero also maintained a New
York City office. During the Civil War, Otero’s firm played
a controversial role during the Confederate invasion of
New Mexico. The inventory from Otero’s stores (reported
to contain $200,000 in merchandise) helped sustain the
Confederate Army of the West, which sacked Albuquerque
in March 1862 under General Henry Sibley. Whether
Otero volunteered the supplies or was forced to comply
is unclear.35 A Chicago newspaper alleged that Otero
was “very bitter against the government and intended
to arouse these simple people to rebellion.”36 Charges of
Otero’s disloyalty to the Union dogged him throughout
the Civil War and afterward. Once, Union soldiers
arrested Otero because, according to his son, “Some of my
father’s political enemies in New Mexico had proffered
certain charges against him to the military authorities at
Leavenworth [Kansas].” However, Otero was released based
on “the findings of the Santa Fe Military Court, as well as
a personal letter from General [Edwin S.] Canby, which
completely exonerated him.”37
In 1864 Otero left New Mexico to pursue business
interests in Kansas City and in Leavenworth, where he
worked as a silent partner in a forwarding and commission
firm. In 1867 Otero, with his brother Manuel, and
Scottish immigrant John Perry Sellar formed one of the
largest merchandising firms in the Southwest: Otero, Sellar,
and Company. Otero retired from the business in 1871
but remained active in the company up to 1881.38 In the
1870s, Otero served as an agent for the Atchison, Topeka,
and Santa Fe Railroad, lobbying on its behalf before the
New Mexico territorial government. In this position, he
continued to pursue one of his goals in Congress: bringing
major railroads through New Mexico to spur economic
development. He also served on the board of directors of
the New Mexico and Southern Pacific Railroad Company
and arranged for its passage through the territory.
Eventually, Otero and Sellar, among others, incorporated
the San Miguel National Bank in Las Vegas, New Mexico,
in 1879.39 Returning to New Mexico in the 1870s, Otero
was a stakeholder in the Maxwell Land Grant, one of the
largest land grants in New Mexico.40 According to his son,
Otero, Sr., continued to dabble in politics when he lived
briefly in Colorado. He was elected county treasurer of Las
Animas County, Colorado, although a deputy served in his
place. Otero was nominated for lieutenant governor.41
In the summer of 1880, the Democratic Party
prevailed upon Otero to run for the Delegate’s seat in the
47th Congress (1881–1883), but he lost to Tranquilino Luna, a successful entrepreneur. Much of the campaign
took on a generational bent as Otero, a first-generation
assimilationist, faced a younger competitor who was
comfortable in the Hispano and the Anglo communities
of the territory. Luna’s supporters criticized Otero’s 1850s
career, particularly his Southern sympathies, as well as his
departure from New Mexico in the 1860s to pursue his
business interests, and Luna highlighted Otero’s failure to
protect land grants that Hispano landowners lost under
U.S. rule. Also, Otero’s age was considered a strike against
him. In a close election, Luna won 52 to 48 percent.42 Less
than two years later, on May 30, 1882, Otero died in Las
Vegas, New Mexico, from complications of pneumonia.43
View Record in the Biographical Directory of the U.S. Congress
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